Bill Text: NY A08447 | 2011-2012 | General Assembly | Introduced
Bill Title: Enacts the taxpayer protection and mandate relief act; enacts various reforms relating to government spending including a spending growth cap, employee contributions to health insurance, limiting unfunded mandates, labor law reforms relating to public works projects, repeal of the WICKS law and reductions in reporting requirements under the education law.
Spectrum: Partisan Bill (Republican 30-0)
Status: (Introduced - Dead) 2012-05-01 - held for consideration in local governments [A08447 Detail]
Download: New_York-2011-A08447-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8447
2011-2012 Regular Sessions
I N A S S E M B L Y
June 15, 2011
___________
Introduced by M. of A. KOLB -- read once and referred to the Committee
on Local Governments
AN ACT to amend the state finance law, in relation to establishing a
spending cap and increasing the maximum capacity of the rainy day fund
(Part A); to amend the legislative law, in relation to unfunded
mandates on local governments and school districts (Part B); to amend
the executive law and the legislative law, in relation to the unfunded
mandate relief reform plan (Part C); to amend the retirement and
social security law, in relation to a defined contribution plan (Part
D); to amend the civil service law, in relation to collective bargain-
ing (Part E); to amend the social services law, in relation to requir-
ing the state to allow counties to opt out of certain Medicaid
services (Part F); to amend chapter 58 of the laws of 2005, relating
to authorizing reimbursements for expenditures made by or on behalf of
social services districts for medical assistance for needy persons and
the administration thereof, in relation to calculating social services
district medical assistance expenditure amounts (Part G); to amend the
tax law, in relation to the tax credit allowed for the premium paid
for long-term care insurance (Part H); to amend the insurance law, in
relation to the establishment of freedom health insurance plans (Part
I); to amend the general municipal law, in relation to employee
contributions to health insurance plans (Part J); to amend the labor
law, in relation to exempting certain public works projects from
requirements relating to hours, wages and supplements (Part K); to
amend the labor law, in relation to hours, wages and supplements for
public work, and to amend chapter 678 of the laws of 2007, amending
the labor law relating to contracts for public work and building
service work, in relation to the effectiveness thereof (Part L); to
amend the labor law, in relation to enacting the scaffold reform act
(Part M); to amend the county law, the education law, the environ-
mental conservation law, the general municipal law and the public
authorities law, in relation to separate specifications for public
work and to repeal certain provisions of the general municipal law and
the education law relating thereto (Part N); to amend the labor law,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11937-03-1
A. 8447 2
in relation to project labor agreements; and to repeal certain
provisions of such law relating thereto (Part O); to amend the general
municipal law, in relation to municipal bidding (Part P); authorizing
a county to enter into a cooperative agreement with school districts,
towns and villages within such county to provide for health care bene-
fits for their employees (Part Q); to amend the education law, in
relation to authorizing boards of cooperative educational services to
engage in collective bargaining with employee organizations represent-
ing teachers and other employees of component school districts (Part
R); to amend the education law, in relation to the streamlining of
planning and reporting requirements for school districts and boards of
cooperative educational services; to amend the education law, in
relation to the effectiveness of additional costs to school districts
(Part S); and to amend the education law, in relation to the powers of
the commissioner of education pertaining to individualized education
programs, excluding the issue of the cost of criminal history records
searches from collective bargaining negotiations, the adoption of
professional development plans for teachers, and the frequency of
safety inspections of school buildings and building condition surveys
(Part T)
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 enact the New York state taxpayer protection and
3 mandate relief act. Each component is wholly contained within a Part
4 identified as Parts A through R. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes reference to a section
8 "of this act", when used in connection with that particular component,
9 shall be deemed to mean and refer to the corresponding section of the
10 Part in which it is found. Section four of this act sets forth the
11 general effective date of this act.
12 S 2. This act shall be known and may be cited as the "New York state
13 taxpayer protection and mandate relief act".
14 PART A
15 Section 1. The state finance law is amended by adding a new article 17
16 to read as follows:
17 ARTICLE 17
18 SPENDING GROWTH CAP ACT
19 SECTION 250. DEFINITIONS.
20 251. ESTABLISHMENT OF ANNUAL SPENDING GROWTH CAP.
21 252. PROVISIONS REGARDING DECLARATION OF EMERGENCY.
22 S 250. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
23 HAVE THE FOLLOWING MEANINGS, UNLESS OTHERWISE SPECIFIED:
24 1. "ANNUAL SPENDING GROWTH CAP" SHALL MEAN A PERCENTAGE DETERMINED BY
25 ADDING THE INFLATION RATES FROM EACH OF THE THREE CALENDAR YEARS IMME-
26 DIATELY PRIOR TO THE COMMENCEMENT OF A GIVEN FISCAL YEAR AND THEN DIVID-
27 ING THAT SUM BY THREE.
28 2. "STATE OPERATING FUNDS SPENDING" SHALL MEAN ANNUAL DISBURSEMENTS OF
29 ALL GOVERNMENTAL FUND TYPES INCLUDED IN THE CASH-BASIS FINANCIAL PLAN OF
A. 8447 3
1 THE STATE, EXCLUDING DISBURSEMENTS FROM FEDERAL FUNDS AND CAPITAL
2 PROJECT FUNDS.
3 3. "INFLATION RATE" SHALL MEAN THE PERCENTAGE CHANGE IN THE
4 TWELVE-MONTH AVERAGE OF THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS
5 AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR
6 STATISTICS OR ANY SUCCESSOR AGENCY FOR A GIVEN CALENDAR YEAR COMPARED TO
7 THE PRIOR CALENDAR YEAR.
8 4. "EXECUTIVE BUDGET" SHALL MEAN THE BUDGET SUBMITTED ANNUALLY BY THE
9 GOVERNOR PURSUANT TO SECTION ONE OF ARTICLE VII OF THE STATE CONSTITU-
10 TION.
11 5. "STATE BUDGET AS ENACTED" SHALL MEAN THE BUDGET ACTED UPON BY THE
12 LEGISLATURE IN A GIVEN FISCAL YEAR, AS SUBJECT TO SECTION FOUR OF ARTI-
13 CLE VII OF THE STATE CONSTITUTION AND SECTION SEVEN OF ARTICLE IV OF THE
14 STATE CONSTITUTION.
15 6. "EMERGENCY" SHALL MEAN AN EXTRAORDINARY, UNFORESEEN, OR UNEXPECTED
16 OCCURRENCE, OR COMBINATION OF CIRCUMSTANCES, INCLUDING BUT NOT LIMITED
17 TO A NATURAL DISASTER, INVASION, TERRORIST ATTACK, OR ECONOMIC CALAMITY.
18 S 251. ESTABLISHMENT OF ANNUAL SPENDING GROWTH CAP. 1. THERE IS HERE-
19 BY ESTABLISHED AN ANNUAL SPENDING GROWTH CAP.
20 2. THE GOVERNOR SHALL NOT SUBMIT, AND THE LEGISLATURE SHALL NOT ACT
21 UPON, A BUDGET THAT CONTAINS A PERCENTAGE INCREASE OVER THE PRIOR FISCAL
22 YEAR IN STATE OPERATING FUNDS SPENDING WHICH EXCEEDS THE ANNUAL SPENDING
23 GROWTH CAP.
24 3. THE GOVERNOR SHALL CERTIFY IN WRITING THAT STATE OPERATING FUNDS
25 SPENDING IN THE EXECUTIVE BUDGET DOES NOT EXCEED THE ANNUAL SPENDING
26 GROWTH CAP. IF FINAL INFLATION RATE DATA FOR THE PRIOR CALENDAR YEAR IS
27 NOT YET AVAILABLE AT THE TIME THE GOVERNOR SUBMITS HIS OR HER EXECUTIVE
28 BUDGET, HE OR SHE SHALL FURNISH A REASONABLE ESTIMATE OF SUCH PRIOR
29 CALENDAR YEAR INFLATION RATE.
30 4. THE COMPTROLLER SHALL PROVIDE, WITHIN FIVE DAYS OF ACTION BY THE
31 LEGISLATURE UPON THE BUDGET, A DETERMINATION AS TO WHETHER THE STATE
32 OPERATING FUNDS SPENDING AS SET FORTH IN THE STATE BUDGET AS ENACTED
33 EXCEEDS THE ANNUAL SPENDING GROWTH CAP.
34 5. IF THE COMPTROLLER FINDS THAT STATE OPERATING FUNDS SPENDING AS SET
35 FORTH IN THE STATE BUDGET AS ENACTED EXCEEDS THE ANNUAL SPENDING GROWTH
36 CAP, THE GOVERNOR SHALL TAKE CORRECTIVE ACTION TO ENSURE THAT FUNDING IS
37 LIMITED TO THE AMOUNT OF THE ANNUAL SPENDING CAP.
38 S 252. PROVISIONS REGARDING DECLARATION OF EMERGENCY. 1. UPON A FIND-
39 ING OF AN EMERGENCY BY THE GOVERNOR, HE OR SHE MAY DECLARE AN EMERGENCY
40 BY AN EXECUTIVE ORDER WHICH SHALL SET FORTH THE REASONS FOR SUCH DECLA-
41 RATION.
42 2. BASED UPON SUCH DECLARATION, THE GOVERNOR MAY SUBMIT, AND THE
43 LEGISLATURE MAY AUTHORIZE, BY A TWO-THIRDS SUPER MAJORITY, A BUDGET
44 CONTAINING A PERCENTAGE INCREASE OVER THE PRIOR FISCAL YEAR IN STATE
45 OPERATING FUNDS SPENDING THAT EXCEEDS THE ANNUAL SPENDING GROWTH CAP.
46 S 2. Subdivision 2 of section 92-cc of the state finance law, as added
47 by chapter 1 of the laws of 2007, is amended to read as follows:
48 2. Such fund shall have a maximum balance not to exceed [three] TEN
49 per centum of the aggregate amount projected to be disbursed from the
50 general fund during the fiscal year immediately following the then-cur-
51 rent fiscal year.
52 S 3. This act shall take effect immediately.
53 PART B
A. 8447 4
1 Section 1. The legislative law is amended by adding a new section 51-a
2 to read as follows:
3 S 51-A. MORATORIUM ON UNFUNDED MANDATES. 1. DEFINITIONS. AS USED IN
4 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
5 (A) "LOCAL GOVERNMENT" MEANS A COUNTY, CITY, TOWN, VILLAGE, SCHOOL
6 DISTRICT, OR SPECIAL DISTRICT.
7 (B) "NET ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC-
8 IPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A LOCAL GOVERNMENT IN
9 PERFORMING OR ADMINISTERING ANY PROGRAM, PROJECT, OR ACTIVITY AFTER
10 SUBTRACTING THEREFROM ANY REVENUES RECEIVED OR RECEIVABLE BY SUCH LOCAL
11 GOVERNMENT IN RELATION TO SUCH PROGRAM, PROJECT, OR ACTIVITY, INCLUDING
12 BUT NOT LIMITED TO:
13 (I) FEES CHARGED TO THE RECIPIENTS OF SUCH PROGRAM, PROJECT, OR ACTIV-
14 ITY;
15 (II) STATE OR FEDERAL FUNDS RECEIVED FOR SUCH PROGRAM, PROJECT, OR
16 ACTIVITY; AND
17 (III) AN OFFSETTING SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
18 NATION OF ANY OTHER PROGRAM, PROJECT, OR ACTIVITY THAT STATE LAW
19 REQUIRES SUCH LOCAL GOVERNMENT TO PROVIDE OR UNDERTAKE.
20 (C) "UNFUNDED MANDATE" MEANS:
21 (I) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO PROVIDE OR
22 UNDERTAKE ANY NEW PROGRAM, PROJECT OR ACTIVITY THAT RESULTS IN AN ANNUAL
23 NET ADDITIONAL COST TO ANY LOCAL GOVERNMENT IN EXCESS OF TEN THOUSAND
24 DOLLARS OR AN AGGREGATE ANNUAL NET ADDITIONAL COST TO ALL LOCAL GOVERN-
25 MENTS WITHIN THE STATE IN EXCESS OF ONE MILLION DOLLARS; OR
26 (II) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO PROVIDE A HIGH-
27 ER LEVEL OF SERVICE OR FUNDING FOR AN EXISTING PROGRAM, PROJECT OR
28 ACTIVITY THAT RESULTS IN AN ANNUAL NET ADDITIONAL COST TO ANY LOCAL
29 GOVERNMENT IN EXCESS OF TEN THOUSAND DOLLARS OR AN AGGREGATE ANNUAL NET
30 ADDITIONAL COST TO ALL LOCAL GOVERNMENTS WITHIN THE STATE IN EXCESS OF
31 ONE MILLION DOLLARS; OR
32 (III) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO GRANT ANY NEW
33 PROPERTY TAX EXEMPTION OR THAT BROADENS THE ELIGIBILITY OR INCREASES THE
34 DOLLAR AMOUNT OF ANY EXISTING PROPERTY TAX EXEMPTION, ON PROPERTY THAT
35 OTHERWISE WOULD HAVE GENERATED REVENUE UNDER THE CURRENT PROPERTY TAX
36 RATE OF SUCH LOCAL GOVERNMENT IN EXCESS OF TEN THOUSAND DOLLARS IN ANY
37 LOCAL GOVERNMENT OR IN EXCESS OF ONE MILLION DOLLARS STATEWIDE; OR
38 (IV) ANY STATE LAW WITH A LEGAL REQUIREMENT THAT WOULD OTHERWISE LIKE-
39 LY HAVE THE EFFECT OF RAISING PROPERTY TAXES IN EXCESS OF TEN THOUSAND
40 DOLLARS IN ANY LOCAL GOVERNMENT OR IN EXCESS OF ONE MILLION DOLLARS
41 STATEWIDE.
42 2. MORATORIUM ON UNFUNDED MANDATES. NOTWITHSTANDING ANY OTHER
43 PROVISION OF LAW, NO UNFUNDED MANDATES SHALL BE ENACTED.
44 3. EXEMPTIONS. (A) A STATE LAW SHALL NOT BE CONSIDERED AN UNFUNDED
45 MANDATE WHERE SUCH LAW:
46 (I) IS REQUIRED BY A COURT ORDER OR JUDGMENT; OR
47 (II) IS PROVIDED AT THE OPTION OF THE LOCAL GOVERNMENT UNDER A LAW
48 THAT IS PERMISSIVE RATHER THAN MANDATORY; OR
49 (III) RESULTS FROM THE PASSAGE OF A HOME RULE MESSAGE WHEREBY A LOCAL
50 GOVERNMENT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM OR SERVICE SPECI-
51 FIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS ONLY UPON THAT LOCAL
52 GOVERNMENT WHICH REQUESTS THE AUTHORITY TO IMPOSE THE PROGRAM OR
53 SERVICE; OR
54 (IV) IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLEMENTS A
55 FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE FEDERAL
56 GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR EXECU-
A. 8447 5
1 TIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY THE
2 FEDERAL GOVERNMENT; OR
3 (V) IS IMPOSED ON BOTH GOVERNMENT AND NON-GOVERNMENT ENTITIES IN THE
4 SAME OR SUBSTANTIALLY SIMILAR CIRCUMSTANCES; OR
5 (VI) REPEALS OR REVISES A STATE LAW TO EASE AN EXISTING REQUIREMENT
6 THAT A LOCAL GOVERNMENT PROVIDE OR UNDERTAKE A PROGRAM, PROJECT, OR
7 ACTIVITY, OR REAPPORTIONS THE COSTS OF ACTIVITIES BETWEEN LOCAL GOVERN-
8 MENTS; OR
9 (VII) IS NECESSARY TO PROTECT AGAINST AN IMMEDIATE THREAT TO PUBLIC
10 HEALTH OR SAFETY.
11 (B) THE EFFECTIVE DATE OF ANY ACT ESTABLISHING A MANDATE SHALL PROVIDE
12 A REASONABLE TIME FOR THE STATE AND ANY LOCAL GOVERNMENT TO PLAN IMPLE-
13 MENTATION THEREOF AND SHALL BE CONSISTENT WITH THE AVAILABILITY OF
14 REQUIRED FUNDS.
15 S 2. The legislative law is amended by adding a new section 51-b to
16 read as follows:
17 S 51-B. SUNSET ON ENACTED LAWS IMPOSING A NET ADDITIONAL COST. EVERY
18 BILL WHICH ENACTS A PROVISION OF LAW THAT IMPOSES AN ANNUAL NET ADDI-
19 TIONAL COST TO ANY LOCAL GOVERNMENT IN EXCESS OF TEN THOUSAND DOLLARS OR
20 AN AGGREGATE ANNUAL NET ADDITIONAL COST TO ALL LOCAL GOVERNMENTS WITHIN
21 THE STATE IN EXCESS OF ONE MILLION DOLLARS, BEYOND REVENUES RECEIVED BY
22 SUCH LOCAL GOVERNMENT IN RELATION TO SUCH LAW, SHALL PROVIDE FOR THE
23 EXPIRATION OF SUCH LAW WITHIN TWO YEARS AFTER ITS EFFECTIVE DATE.
24 S 3. Section 51 of the legislative law, as added by chapter 985 of the
25 laws of 1983, is amended to read as follows:
26 S 51. Fiscal [impact] notes on bills affecting political subdivisions.
27 1. For the purpose of this section, the term "political subdivision"
28 means any county, city, town, village, special district or school
29 district.
30 2. [The legislature shall by concurrent resolution of the senate and
31 assembly prescribe rules requiring fiscal notes to accompany, on a sepa-
32 rate form, bills and amendments to bills, except as otherwise prescribed
33 by such rules, which] A BILL THAT would substantially affect the reven-
34 ues or expenses, or both, of any political subdivision SHALL CONTAIN A
35 FISCAL NOTE STATING THE ESTIMATED ANNUAL COST TO THE POLITICAL SUBDIVI-
36 SION AFFECTED AND THE SOURCE OF SUCH ESTIMATE.
37 3. Fiscal notes shall not, however, be required for bills: (a) subject
38 to the provisions of section fifty of this chapter, or (b) accompanied
39 by special home rule requests submitted by political subdivisions, or
40 (c) which provide discretionary authority to political subdivisions, or
41 (d) submitted pursuant to section twenty-four of the state finance law.
42 4. If the estimate or estimates contained in a fiscal note are inaccu-
43 rate, such inaccuracies shall not affect, impair or invalidate such
44 bill.
45 S 4. This act shall take effect immediately, provided, however, that
46 sections one and two of this act shall only apply to laws enacted after
47 such effective date.
48 PART C
49 Section 1. The executive law is amended by adding a new article 5-A to
50 read as follows:
51 ARTICLE 5-A
52 UNFUNDED MANDATE REFORM PLAN
53 SECTION 75. DUTY OF GOVERNOR TO EXAMINE UNFUNDED MANDATES; LEGISLATIVE
54 PURPOSE.
A. 8447 6
1 76. DEFINITIONS.
2 77. FINDINGS BY GOVERNOR; ISSUANCE OF UNFUNDED MANDATE REFORM
3 PLAN.
4 78. CONTENTS OF UNFUNDED MANDATE REFORM PLAN.
5 79. EFFECTIVE DATE OF UNFUNDED MANDATE REFORM PLAN.
6 80. EXEMPTIONS.
7 S 75. DUTY OF GOVERNOR TO EXAMINE UNFUNDED MANDATES; LEGISLATIVE
8 PURPOSE. THE GOVERNOR, FROM TIME TO TIME, SHALL EXAMINE THOSE MANDATES
9 IMPOSED BY THE STATE ON LOCAL GOVERNMENTS AND SCHOOL DISTRICTS THAT THE
10 STATE DOES NOT PROVIDE ADEQUATE FUNDING TO SUPPORT, AND SHALL DETERMINE
11 WHICH CHANGES ARE NECESSARY TO REDUCE THE BURDEN OF THESE UNFUNDED
12 MANDATES ON POLITICAL SUBDIVISIONS.
13 S 76. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
14 HAVE THE FOLLOWING MEANINGS:
15 1. "LOCAL GOVERNMENT" MEANS A COUNTY, CITY, TOWN, VILLAGE, SCHOOL
16 DISTRICT, OR SPECIAL DISTRICT.
17 2. "NET ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC-
18 IPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A LOCAL GOVERNMENT IN
19 PERFORMING OR ADMINISTERING ANY PROGRAM, PROJECT, OR ACTIVITY AFTER
20 SUBTRACTING THEREFROM ANY REVENUES RECEIVED OR RECEIVABLE BY SUCH LOCAL
21 GOVERNMENT IN RELATION TO SUCH PROGRAM, PROJECT, OR ACTIVITY, INCLUDING
22 BUT NOT LIMITED TO:
23 (A) FEES CHARGED TO THE RECIPIENTS OF SUCH PROGRAM, PROJECT, OR ACTIV-
24 ITY;
25 (B) STATE OR FEDERAL FUNDS RECEIVED FOR SUCH PROGRAM, PROJECT, OR
26 ACTIVITY; AND
27 (C) AN OFFSETTING SAVINGS RESULTING FROM THE DIMINUTION OR ELIMINATION
28 OF ANY OTHER PROGRAM, PROJECT, OR ACTIVITY THAT STATE LAW REQUIRES SUCH
29 LOCAL GOVERNMENT TO PROVIDE OR UNDERTAKE.
30 3. "UNFUNDED MANDATE" MEANS:
31 (A) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO PROVIDE OR
32 UNDERTAKE ANY NEW PROGRAM, PROJECT OR ACTIVITY THAT RESULTS IN AN ANNUAL
33 NET ADDITIONAL COST TO ANY LOCAL GOVERNMENT IN EXCESS OF TEN THOUSAND
34 DOLLARS OR AN AGGREGATE ANNUAL NET ADDITIONAL COST TO ALL LOCAL GOVERN-
35 MENTS WITHIN THE STATE IN EXCESS OF ONE MILLION DOLLARS; OR
36 (B) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO PROVIDE A HIGHER
37 LEVEL OF SERVICE OR FUNDING FOR AN EXISTING PROGRAM, PROJECT OR ACTIVITY
38 THAT RESULTS IN AN ANNUAL NET ADDITIONAL COST TO ANY LOCAL GOVERNMENT IN
39 EXCESS OF TEN THOUSAND DOLLARS OR AN AGGREGATE ANNUAL NET ADDITIONAL
40 COST TO ALL LOCAL GOVERNMENTS WITHIN THE STATE IN EXCESS OF ONE MILLION
41 DOLLARS; OR
42 (C) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO GRANT ANY NEW
43 PROPERTY TAX EXEMPTION OR THAT BROADENS THE ELIGIBILITY OR INCREASES THE
44 DOLLAR AMOUNT OF ANY EXISTING PROPERTY TAX EXEMPTION, ON PROPERTY THAT
45 OTHERWISE WOULD HAVE GENERATED REVENUE UNDER THE CURRENT PROPERTY TAX
46 RATE OF SUCH LOCAL GOVERNMENT IN EXCESS OF TEN THOUSAND DOLLARS IN ANY
47 LOCAL GOVERNMENT OR IN EXCESS OF ONE MILLION DOLLARS STATEWIDE; OR
48 (D) ANY STATE LAW WITH A LEGAL REQUIREMENT THAT WOULD OTHERWISE LIKELY
49 HAVE THE EFFECT OF RAISING PROPERTY TAXES IN EXCESS OF TEN THOUSAND
50 DOLLARS IN ANY LOCAL GOVERNMENT OR IN EXCESS OF ONE MILLION DOLLARS
51 STATEWIDE.
52 S 77. FINDINGS BY GOVERNOR; ISSUANCE OF UNFUNDED MANDATE REFORM PLAN.
53 1. WHENEVER THE GOVERNOR FINDS IT TO BE IN THE PUBLIC INTEREST, HE OR
54 SHE MAY SUBMIT TO THE LEGISLATURE AN UNFUNDED MANDATE REFORM PLAN.
A. 8447 7
1 2. NOTHING IN THIS ARTICLE SHALL PROHIBIT OR LIMIT THE AUTHORITY OF
2 THE GOVERNOR OR LEGISLATURE TO REPEAL, REVISE OR PROVIDE FUNDING FOR
3 UNFUNDED MANDATES PURSUANT TO ANY OTHER LAWFUL PROCESS.
4 S 78. CONTENTS OF UNFUNDED MANDATE REFORM PLAN. AN UNFUNDED MANDATE
5 REFORM PLAN SHALL:
6 1. SET FORTH AS FINDINGS IN SUCH PLAN, A DESCRIPTION OF THE NATURE AND
7 PURPOSES OF THE UNFUNDED MANDATE REFORM PLAN, TOGETHER WITH AN EXPLANA-
8 TION OF THE ADVANTAGES THAT WILL RESULT FROM ITS IMPLEMENTATION, INCLUD-
9 ING THE ANTICIPATED SAVINGS AND COSTS ASSOCIATED WITH EACH REPEAL OR
10 REVISION OF AN UNFUNDED MANDATE;
11 2. DESCRIBE IN DETAIL OTHER ACTIONS, IF ANY, NECESSARY TO IMPLEMENT
12 THAT PLAN;
13 3. ANY PRELIMINARY ACTIONS WHICH HAVE BEEN TAKEN IN IMPLEMENTING THE
14 PLAN; AND
15 4. PROVIDE A PROJECTED TIMETABLE FOR COMPLETION OF THE IMPLEMENTATION
16 PROCESS.
17 S 79. EFFECTIVE DATE OF UNFUNDED MANDATE REFORM PLAN. 1. THE UNFUNDED
18 MANDATE REFORM PLAN SUBMITTED BY THE GOVERNOR SHALL BE VOTED ON BY EACH
19 HOUSE OF THE LEGISLATURE, WITH OR WITHOUT AMENDMENTS, WITHIN SIXTY DAYS
20 AFTER SUCH SUBMISSION. THE GOVERNOR MAY SUBMIT ONLY ONE SUCH PLAN ANNU-
21 ALLY AND MAY AMEND THAT PLAN ONE TIME WITHIN THE FIRST THIRTY DAYS AFTER
22 SUCH SUBMISSION. WITHOUT THE CONSENT OF BOTH HOUSES OF THE LEGISLATURE,
23 NEITHER A PLAN NOR AN AMENDMENT MAY BE SUBMITTED BY THE GOVERNOR AFTER
24 THE THIRTIETH DAY OF APRIL IN ANY YEAR.
25 2. UNDER PROVISIONS CONTAINED IN AN UNFUNDED MANDATE REFORM PLAN, A
26 PROVISION OF THE PLAN MAY BE EFFECTIVE AT A TIME LATER THAN THE DATE ON
27 WHICH THE PLAN OTHERWISE IS EFFECTIVE.
28 S 80. EXEMPTIONS. 1. A STATE LAW SHALL NOT BE CONSIDERED AN UNFUNDED
29 MANDATE WHERE SUCH LAW:
30 (A) IS REQUIRED BY A COURT ORDER OR JUDGMENT; OR
31 (B) IS PROVIDED AT THE OPTION OF THE LOCAL GOVERNMENT UNDER A LAW THAT
32 IS PERMISSIVE RATHER THAN MANDATORY; OR
33 (C) RESULTS FROM THE PASSAGE OF A HOME RULE MESSAGE WHEREBY A LOCAL
34 GOVERNMENT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM OR SERVICE SPECI-
35 FIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS ONLY UPON THAT LOCAL
36 GOVERNMENT WHICH REQUESTS THE AUTHORITY TO IMPOSE THE PROGRAM OR
37 SERVICE; OR
38 (D) IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLEMENTS A FEDER-
39 AL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE FEDERAL
40 GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR EXECU-
41 TIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY THE
42 FEDERAL GOVERNMENT; OR
43 (E) IS IMPOSED ON BOTH GOVERNMENT AND NON-GOVERNMENT ENTITIES IN THE
44 SAME OR SUBSTANTIALLY SIMILAR CIRCUMSTANCES; OR
45 (F) REPEALS OR REVISES A STATE LAW TO EASE AN EXISTING REQUIREMENT
46 THAT A LOCAL GOVERNMENT PROVIDE OR UNDERTAKE A PROGRAM, PROJECT, OR
47 ACTIVITY, OR REAPPORTIONS THE COSTS OF ACTIVITIES BETWEEN LOCAL GOVERN-
48 MENTS; OR
49 (G) IS NECESSARY TO PROTECT AGAINST AN IMMEDIATE THREAT TO PUBLIC
50 HEALTH OR SAFETY.
51 2. THE EFFECTIVE DATE OF ANY ACT ESTABLISHING A MANDATE SHALL PROVIDE
52 A REASONABLE TIME FOR THE STATE AND ANY LOCAL GOVERNMENT TO PLAN IMPLE-
53 MENTATION THEREOF AND SHALL BE CONSISTENT WITH THE AVAILABILITY OF
54 REQUIRED FUNDS.
55 S 2. The legislative law is amended by adding a new section 54-c to
56 read as follows:
A. 8447 8
1 S 54-C. UNFUNDED MANDATE REFORM PLAN. THE LEGISLATURE MAY BY CONCUR-
2 RENT RESOLUTION PRESCRIBE RULES FOR THE CONSIDERATION AND DISPOSITION OF
3 AN UNFUNDED MANDATE REFORM PLAN, AS DEFINED IN ARTICLE FIVE-A OF THE
4 EXECUTIVE LAW.
5 S 3. This act shall take effect immediately.
6 PART D
7 Section 1. The retirement and social security law is amended by adding
8 a new article 23 to read as follows:
9 ARTICLE 23
10 DEFINED CONTRIBUTION PLAN
11 SECTION 1300. APPLICABILITY.
12 1301. DEFINITIONS.
13 1302. DEFINED CONTRIBUTION PLAN.
14 1303. EMPLOYER NOT LIABLE FOR PAYMENT OF BENEFITS.
15 S 1300. APPLICABILITY. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
16 CONTRARY, THE PROVISIONS OF THIS ARTICLE SHALL BE APPLICABLE TO ALL
17 EMPLOYEES IN THE NEW YORK STATE RETIREMENT SYSTEM OR NEW YORK CITY
18 RETIREMENT SYSTEM, AS DEFINED IN SECTION THIRTEEN HUNDRED ONE OF THIS
19 ARTICLE, WHO FIRST JOINED SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOU-
20 SAND TWELVE. UNDER NO CIRCUMSTANCES SHALL AN EMPLOYEE WHO JOINS A NEW
21 YORK STATE RETIREMENT SYSTEM OR A NEW YORK CITY RETIREMENT SYSTEM AFTER
22 APRIL FIRST, TWO THOUSAND TWELVE, BE ELIGIBLE FOR PARTICIPATION IN A
23 DEFINED BENEFIT RETIREMENT PLAN, AS ESTABLISHED UNDER ARTICLE EIGHT,
24 ELEVEN, FOURTEEN, FIFTEEN OR TWENTY-TWO OF THIS CHAPTER, ARTICLE ELEVEN
25 OF THE EDUCATION LAW OR TITLE THIRTEEN OF THE ADMINISTRATIVE CODE OF THE
26 CITY OF NEW YORK.
27 S 1301. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE THE TERMS: A.
28 "NEW YORK STATE RETIREMENT SYSTEM" SHALL MEAN THE NEW YORK STATE AND
29 LOCAL EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK STATE AND LOCAL POLICE
30 AND FIRE RETIREMENT SYSTEM, AND THE NEW YORK STATE TEACHERS' RETIREMENT
31 SYSTEM.
32 B. "NEW YORK CITY RETIREMENT SYSTEM" SHALL MEAN THE NEW YORK CITY
33 EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK CITY TEACHERS' RETIREMENT
34 SYSTEM, THE NEW YORK CITY BOARD OF EDUCATION RETIREMENT SYSTEM, THE NEW
35 YORK CITY POLICE DEPARTMENT PENSION FUND, AND THE NEW YORK CITY FIRE
36 DEPARTMENT PENSION FUND.
37 C. "TRUSTEE" SHALL BE: (1) THE NEW YORK STATE COMPTROLLER FOR THE NEW
38 YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW YORK STATE
39 AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM; (2) THE BOARD OF TRUSTEES
40 FOR THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM; (3) THE BOARD OF
41 TRUSTEES FOR THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM; (4) THE
42 BOARD OF TRUSTEES FOR ANY NEW YORK CITY RETIREMENT SYSTEM OR THE CITY
43 COMPTROLLER.
44 D. "EMPLOYEES' RETIREMENT SYSTEM" SHALL MEAN THE NEW YORK STATE AND
45 LOCAL EMPLOYEES' RETIREMENT SYSTEM AND THE NEW YORK CITY EMPLOYEES'
46 RETIREMENT SYSTEM.
47 E. "TEACHERS' RETIREMENT SYSTEM" SHALL MEAN THE NEW YORK STATE TEACH-
48 ERS' RETIREMENT SYSTEM, THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM
49 AND THE NEW YORK CITY BOARD OF EDUCATION RETIREMENT SYSTEM.
50 F. "POLICE AND FIRE RETIREMENT SYSTEM" SHALL MEAN THE NEW YORK STATE
51 AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM, THE NEW YORK CITY POLICE
52 DEPARTMENT PENSION FUND, AND THE NEW YORK CITY FIRE DEPARTMENT PENSION
53 FUND.
A. 8447 9
1 G. "PARTICIPATING EMPLOYER" SHALL MEAN AN EMPLOYER PARTICIPATING IN A
2 NEW YORK STATE RETIREMENT SYSTEM OR A NEW YORK CITY RETIREMENT SYSTEM.
3 S 1302. DEFINED CONTRIBUTION PLAN. A. THE DEFINED CONTRIBUTION PLAN IS
4 HEREBY ESTABLISHED. THE TRUSTEE FOR EACH RESPECTIVE NEW YORK STATE
5 RETIREMENT SYSTEM AND NEW YORK CITY RETIREMENT SYSTEM SHALL ADOPT RULES
6 AND REGULATIONS REGARDING THE STANDARDS AND REQUIREMENTS OF THE DEFINED
7 CONTRIBUTION PLAN ESTABLISHED PURSUANT TO THIS SECTION, INCLUDING
8 SELECTION OF FINANCIAL ORGANIZATIONS FOR INVESTMENT PURPOSES.
9 B. (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE DEFINED
10 CONTRIBUTION PLAN SHALL BE ESTABLISHED FOR ALL MEMBERS WHO ARE EMPLOYED
11 BY THE STATE OF NEW YORK OR ANY PARTICIPATING EMPLOYER WHICH HAS ELECTED
12 TO PARTICIPATE IN A NEW YORK STATE RETIREMENT SYSTEM OR NEW YORK CITY
13 RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE.
14 (2) THE TRUSTEE FOR EACH RESPECTIVE NEW YORK STATE RETIREMENT SYSTEM
15 AND NEW YORK CITY RETIREMENT SYSTEM SHALL ENTER INTO WRITTEN AGREEMENTS
16 WITH ONE OR MORE FINANCIAL ORGANIZATIONS TO ADMINISTER THE DEFINED
17 CONTRIBUTION PLAN FOR MEMBERS AND TO INVEST FUNDS HELD PURSUANT TO SUCH
18 PLAN.
19 (3) THE RULES AND REGULATIONS PROMULGATED BY THE TRUSTEE FOR EACH
20 RESPECTIVE NEW YORK STATE RETIREMENT SYSTEM AND NEW YORK CITY RETIREMENT
21 SYSTEM SHALL ESTABLISH STANDARDS FOR THE SELECTION OF FINANCIAL ORGAN-
22 IZATIONS, AUTHORIZED TO DO BUSINESS IN THIS STATE, TO PARTICIPATE IN
23 SUCH PLANS, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING CRITERIA: (I)
24 RATES OF COMMISSION, BROKERAGE AND OTHER FEES, ADMINISTRATIVE EXPENSES
25 AND RELATED SERVICE CHARGES IMPOSED BY THE FINANCIAL ORGANIZATION; (II)
26 VARIETY OF TYPES OF INVESTMENT OPPORTUNITIES OFFERED BY THE FINANCIAL
27 ORGANIZATION AND/OR AMONG THE FINANCIAL ORGANIZATIONS SELECTED AND THE
28 ABILITY TO TRANSFER AMONG SUCH OPPORTUNITIES; (III) THE STABILITY OF THE
29 FINANCIAL ORGANIZATION AS EVIDENCED BY EXPERIENCE, REPUTATION, ASSETS
30 AND HOLDINGS, AND ABILITY TO GUARANTEE SPECIFIC RATES OF RETURN; (IV)
31 ABILITY TO COMPLY WITH REPORTING REQUIREMENTS TO THE COMPTROLLER AND TO
32 PARTICIPANTS IN SUCH A PLAN; AND (V) SUCH OTHER FACTORS WHICH WOULD BE
33 CONSIDERED BY A PRUDENT INVESTOR IN SUCH A PLAN.
34 (4) THE PRESIDENT OF THE STATE CIVIL SERVICE COMMISSION, SUBJECT TO
35 THE RULES AND REGULATIONS OF THE TRUSTEE FOR EACH RESPECTIVE NEW YORK
36 STATE RETIREMENT SYSTEM AND NEW YORK CITY RETIREMENT SYSTEM, SHALL
37 PROVIDE ASSISTANCE TO ANY PARTICIPATING EMPLOYER AS IS APPROPRIATE TO
38 THE PROVISIONS OF THIS SECTION.
39 C. A PARTICIPATING EMPLOYER OF AN EMPLOYEES' RETIREMENT SYSTEM OR A
40 TEACHERS' RETIREMENT SYSTEM SHALL CONTRIBUTE EIGHT PERCENT OF AN EMPLOY-
41 EE'S ANNUAL SALARY TOWARDS SUCH DEFINED CONTRIBUTION PLAN. ALL MEMBERS
42 MAY CONTRIBUTE UP TO ONE HUNDRED PERCENT, NOT TO EXCEED THE CONTRIBUTION
43 LIMITATIONS ESTABLISHED ANNUALLY ACCORDING TO SECTION 415(D) OF THE
44 INTERNAL REVENUE CODE, OF HIS OR HER SALARY TOWARDS THE DEFINED CONTRIB-
45 UTION PLAN.
46 D. A PARTICIPATING EMPLOYER OF A POLICE AND FIRE RETIREMENT SYSTEM
47 SHALL CONTRIBUTE TEN PERCENT OF AN EMPLOYEE'S ANNUAL SALARY TOWARDS SUCH
48 DEFINED CONTRIBUTION PLAN. ALL MEMBERS MAY CONTRIBUTE UP TO ONE HUNDRED
49 PERCENT, NOT TO EXCEED THE CONTRIBUTION LIMITATIONS ESTABLISHED ANNUALLY
50 ACCORDING TO SECTION 415(D) OF THE INTERNAL REVENUE CODE, OF HIS OR HER
51 SALARY TOWARDS THE DEFINED CONTRIBUTION PLAN.
52 E. THE TERM "FINANCIAL ORGANIZATION" SHALL MEAN AN ORGANIZATION
53 AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW YORK AND (1) WHICH IS AN
54 AUTHORIZED FIDUCIARY TO ACT AS A TRUSTEE PURSUANT TO THE PROVISIONS OF
55 AN ACT OF CONGRESS ENTITLED "EMPLOYEE RETIREMENT INCOME SECURITY ACT OF
56 1974" AS SUCH PROVISIONS MAY BE AMENDED FROM TIME TO TIME, OR AN INSUR-
A. 8447 10
1 ANCE COMPANY; AND (2) (I) IS LICENSED OR CHARTERED BY THE STATE INSUR-
2 ANCE DEPARTMENT; (II) IS LICENSED OR CHARTERED BY THE STATE BANKING
3 DEPARTMENT; (III) IS CHARTERED BY AN AGENCY OF THE FEDERAL GOVERNMENT;
4 (IV) IS SUBJECT TO THE JURISDICTION AND REGULATION OF THE SECURITIES AND
5 EXCHANGE COMMISSION OF THE FEDERAL GOVERNMENT; OR (V) IS ANY OTHER ENTI-
6 TY OTHERWISE AUTHORIZED TO ACT IN THIS STATE AS A TRUSTEE PURSUANT TO
7 THE PROVISIONS OF AN ACT OF CONGRESS ENTITLED "EMPLOYEE RETIREMENT
8 INCOME SECURITY ACT OF 1974" AS SUCH PROVISIONS MAY BE AMENDED FROM TIME
9 TO TIME.
10 S 1303. EMPLOYER NOT LIABLE FOR PAYMENT OF BENEFITS. NO RETIREMENT,
11 DEATH, OR OTHER BENEFITS SHALL BE PAYABLE BY THE STATE, OR ANY ELECTING
12 EMPLOYER UNDER SUCH DEFINED CONTRIBUTION PLAN. SUCH BENEFITS SHALL BE
13 PAID TO EMPLOYEES OR THEIR BENEFICIARIES BY THE DESIGNATED FINANCIAL
14 ORGANIZATION IN ACCORDANCE WITH THE TERMS OF THEIR WRITTEN AGREEMENT.
15 S 2. This act shall take effect immediately.
16 PART E
17 Section 1. The civil service law is amended by adding a new section
18 209-b to read as follows:
19 S 209-B. COLLECTIVE BARGAINING; LOCAL OPTION. 1. THE LEGISLATURE HERE-
20 BY GIVES AND GRANTS TO EVERY LOCAL GOVERNMENT AND SCHOOL DISTRICT THE
21 RIGHT, POWER AND AUTHORITY TO OPT NOT TO BE SUBJECT TO PARAGRAPH (E) OF
22 SUBDIVISION ONE OF SECTION TWO HUNDRED NINE-A OF THIS ARTICLE.
23 2. ANY LOCAL GOVERNMENT OR SCHOOL DISTRICT MAY, BY RESOLUTION DULY
24 ADOPTED AND FILED WITH THE SECRETARY OF STATE AND THE STATE CIVIL
25 SERVICE COMMISSION, DETERMINE THAT SUCH LOCAL GOVERNMENT OR SCHOOL
26 DISTRICT SHALL NOT BE SUBJECT TO PARAGRAPH (E) OF SUBDIVISION ONE OF
27 SECTION TWO HUNDRED NINE-A OF THIS ARTICLE.
28 3. ANY SUCH RESOLUTION ADOPTED BY A LOCAL GOVERNMENT OR SCHOOL
29 DISTRICT MAY BE REPEALED IN THE SAME MANNER AS IT WAS ADOPTED, AND SUCH
30 REPEAL SHALL BECOME EFFECTIVE UPON FILING WITH THE SECRETARY OF STATE
31 AND THE COMMISSION.
32 S 2. This act shall take effect immediately.
33 PART F
34 Section 1. Section 365-a of the social services law is amended by
35 adding a new subdivision 10 to read as follows:
36 10. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION OR ANY
37 OTHER PROVISION OF LAW, ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVI-
38 SION, THE STATE IS REQUIRED TO ALLOW COUNTIES TO OPT OUT OF PROVIDING
39 OPTIONAL MEDICAL ASSISTANCE SERVICES TO ANY NEW ENROLLEES WHO HAVE
40 EITHER NEVER RECEIVED SUCH BENEFITS OR WHO HAVE REENROLLED AFTER A PERI-
41 OD OF ABSENCE.
42 (B) THE COMMISSIONER OF HEALTH IS AUTHORIZED TO APPLY FOR ANY AND ALL
43 FEDERAL WAIVERS REQUIRED TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVI-
44 SION.
45 S 2. This act shall take effect immediately.
46 PART G
47 Section 1. Subdivision (c) of section 1 of part C of chapter 58 of the
48 laws of 2005, relating to authorizing reimbursements for expenditures
49 made by or on behalf of social services districts for medical assistance
A. 8447 11
1 for needy persons and the administration thereof, is amended to read as
2 follows:
3 (c) Commencing with the calendar year beginning January 1, 2006,
4 calendar year social services district medical assistance expenditure
5 amounts for each social services district shall be calculated by multi-
6 plying the results of the calculations performed pursuant to paragraph
7 (b) of this section by a non-compounded trend factor, as follows:
8 (i) 2006 (January 1, 2006 through December 31, 2006): 3.5%;
9 (ii) 2007 (January 1, 2007 through December 31, 2007): 6.75% (3.25%
10 plus the prior year's 3.5%);
11 (iii) 2008 (January 1, 2008 through December 31, 2008): 9.75% (3%
12 plus the prior year's 6.75%);
13 (iv) 2009 (January 1, 2009 through December 31, 2009): 12.75% (3% PLUS
14 THE PRIOR YEAR'S 9.75%);
15 (V) 2010 (JANUARY 1, 2010 THROUGH DECEMBER 31, 2010): 15.75% (3% PLUS
16 THE PRIOR YEAR'S 12.75%);
17 (VI) 2011 (JANUARY 1, 2011 THROUGH DECEMBER 31, 2011): 18.75% (3% PLUS
18 THE PRIOR YEAR'S 15.75%);
19 (VII) 2012 (JANUARY 1, 2012 THROUGH DECEMBER 31, 2012), and each
20 succeeding calendar year: prior year's trend factor percentage [plus
21 3%].
22 S 2. This act shall take effect January 1, 2012; provided, however, if
23 this act shall become a law after such date it shall take effect imme-
24 diately and shall be deemed to have been in full force and effect on and
25 after January 1, 2012.
26 PART H
27 Section 1. Paragraph (a) of subdivision 25-a of section 210 of the tax
28 law, as amended by section 18 of part B of chapter 58 of the laws of
29 2004, is amended to read as follows:
30 (a) A taxpayer shall be allowed a credit against the tax imposed by
31 this article equal to [twenty] FIFTY percent of the premium paid during
32 the taxable year for long-term care insurance. In order to qualify for
33 such credit, the taxpayer's premium payment must be for the purchase of
34 or for continuing coverage under a long-term care insurance policy that
35 qualifies for such credit pursuant to section one thousand one hundred
36 seventeen of the insurance law.
37 S 2. This act shall take effect on the first of January next succeed-
38 ing the date on which it shall have become a law and shall apply to all
39 subsequent tax years.
40 PART I
41 Section 1. Subsection (l) of section 3216 of the insurance law, as
42 added by chapter 504 of the laws of 1995, is amended to read as follows:
43 (l) On and after January first, nineteen hundred ninety-seven, no
44 insurer shall offer major medical, comprehensive or other comparable
45 individual contracts, other than for purposes of conversion, unless the
46 benefits of such contracts, including deductibles and coinsurance, are
47 identical to the out-of-plan benefits of the contracts described in
48 section four thousand three hundred twenty-two of this chapter. Such
49 contracts must include a prescription drug benefit complying with the
50 requirements of that section. THE REQUIREMENTS OF THIS SUBSECTION SHALL
51 NOT APPLY TO A POLICY INTENDED TO QUALIFY FOR USE IN A HEALTH SAVINGS
52 ACCOUNT PURSUANT TO SECTION 1201 OF THE FEDERAL MEDICARE PRESCRIPTION
A. 8447 12
1 DRUG, IMPROVEMENT AND MODERNIZATION ACT OF 2003. SUCH POLICIES SHALL BE
2 KNOWN AS "FREEDOM POLICIES".
3 S 2. Section 3221 of the insurance law is amended by adding a new
4 subsection (s) to read as follows:
5 (S) NO GROUP OR BLANKET ACCIDENT AND HEALTH INSURANCE POLICY ISSUED OR
6 ISSUED FOR DELIVERY IN THIS STATE FOR USE IN A HEALTH SAVINGS ACCOUNT
7 PURSUANT TO SECTION 1201 OF THE FEDERAL MEDICARE PRESCRIPTION DRUG,
8 IMPROVEMENT, AND MODERNIZATION ACT OF 2003 SHALL BE REQUIRED TO MEET THE
9 REQUIREMENTS OF THIS SECTION, OR REGULATIONS ISSUED BY THE SUPERINTEN-
10 DENT, WITH REGARD TO COVERED HEALTH CARE SERVICES WHICH MUST BE INCLUDED
11 IN THE POLICY. SUCH POLICIES SHALL BE KNOWN AS "FREEDOM POLICIES".
12 S 3. Subsection (l) of section 4304 of the insurance law, as added by
13 chapter 504 of the laws of 1995, is amended to read as follows:
14 (l) On and after January first, nineteen hundred ninety-seven, no
15 insurer shall offer major medical, comprehensive or other comparable
16 individual contracts on a direct payment basis, other than for purposes
17 of conversion, unless the benefits of such contracts, including deduct-
18 ibles and coinsurance, are identical to the out-of-plan benefits of the
19 contracts described in section four thousand three hundred twenty-two of
20 this article. Such contracts must include a prescription drug benefit
21 complying with the requirements of such section. THE REQUIREMENTS OF
22 THIS SUBSECTION SHALL NOT APPLY TO A POLICY INTENDED TO QUALIFY FOR USE
23 IN A HEALTH SAVINGS ACCOUNT PURSUANT TO SECTION 1201 OF THE FEDERAL
24 MEDICARE PRESCRIPTION DRUG, IMPROVEMENT AND MODERNIZATION ACT OF 2003.
25 SUCH POLICIES SHALL BE KNOWN AS "FREEDOM POLICIES".
26 S 4. Section 4304 of the insurance law is amended by adding a new
27 subsection (n) to read as follows:
28 (N) NO POLICY ISSUED TO A REMITTING AGENT ON BEHALF OF A GROUP PURSU-
29 ANT TO SUBSECTION (A) OF THIS SECTION, AND NO POLICY ISSUED TO A GROUP
30 PURSUANT TO SECTION FOUR THOUSAND THREE HUNDRED FIVE OF THIS ARTICLE,
31 FOR USE IN A HEALTH SAVINGS ACCOUNT PURSUANT TO SECTION 1201 OF THE
32 FEDERAL MEDICARE PRESCRIPTION DRUG, IMPROVEMENT, AND MODERNIZATION ACT
33 OF 2003 SHALL BE REQUIRED TO MEET THE REQUIREMENTS OF THIS SECTION OR
34 SECTION FOUR THOUSAND THREE HUNDRED FIVE OF THIS ARTICLE, OR REGULATIONS
35 ISSUED BY THE SUPERINTENDENT, WITH REGARD TO COVERED HEALTH CARE
36 SERVICES WHICH MUST BE INCLUDED IN THE POLICY. SUCH POLICIES SHALL BE
37 KNOWN AS "FREEDOM POLICIES".
38 S 5. Subsection (a) of section 4322 of the insurance law, as amended
39 by chapter 342 of the laws of 2004, is amended to read as follows:
40 (a) On and after January first, nineteen hundred ninety-six, all
41 health maintenance organizations issued a certificate of authority under
42 article forty-four of the public health law or licensed under this arti-
43 cle shall offer to individuals, in addition to the standardized contract
44 required by section four thousand three hundred twenty-one of this arti-
45 cle, a standardized individual enrollee direct payment contract on an
46 open enrollment basis as prescribed by section four thousand three
47 hundred seventeen of this article and section four thousand four hundred
48 six of the public health law, and regulations promulgated thereunder,
49 with an out-of-plan benefit system, provided, however, that such
50 requirements shall not apply to a health maintenance organization exclu-
51 sively serving individuals enrolled pursuant to title eleven of article
52 five of the social services law, title eleven-D of article five of the
53 social services law, title one-A of article twenty-five of the public
54 health law or title eighteen of the federal Social Security Act, and,
55 further provided, that such health maintenance organization shall not
56 discontinue a contract for an individual receiving comprehensive-type
A. 8447 13
1 coverage in effect prior to January first, two thousand four who is
2 ineligible to purchase policies offered after such date pursuant to this
3 section or section four thousand three hundred twenty-two of this arti-
4 cle due to the provision of 42 U.S.C. 1395ss in effect prior to January
5 first, two thousand four. The out-of-plan benefit system shall either be
6 provided by the health maintenance organization pursuant to subdivision
7 two of section four thousand four hundred six of the public health law
8 or through an accompanying insurance contract providing out-of-plan
9 benefits offered by a company appropriately licensed pursuant to this
10 chapter. On and after January first, nineteen hundred ninety-six, the
11 contracts issued pursuant to this section and section four thousand
12 three hundred twenty-one of this article shall be the only contracts
13 offered by health maintenance organizations to individuals; PROVIDED,
14 HOWEVER, THIS LIMITATION SHALL NOT APPLY TO ONE OR MORE POLICIES
15 INTENDED TO QUALIFY FOR USE IN A HEALTH SAVINGS ACCOUNT PURSUANT TO
16 SECTION 1201 OF THE FEDERAL MEDICARE PRESCRIPTION DRUG, IMPROVEMENT, AND
17 MODERNIZATION ACT OF 2003. SUCH POLICIES SHALL BE KNOWN AS "FREEDOM
18 POLICIES". The enrollee contracts issued by a health maintenance organ-
19 ization under this section and section four thousand three hundred twen-
20 ty-one of this article shall also be the only contracts issued by the
21 health maintenance organization for purposes of conversion pursuant to
22 sections four thousand three hundred four and four thousand three
23 hundred five of this article. However, nothing in this section shall be
24 deemed to require health maintenance organizations to terminate individ-
25 ual direct payment contracts issued prior to January first, nineteen
26 hundred ninety-six or prohibit health maintenance organizations from
27 terminating individual direct payment contracts issued prior to January
28 first, nineteen hundred ninety-six.
29 S 6. This act shall take effect immediately.
30 PART J
31 Section 1. The general municipal law is amended by adding a new
32 section 93-e to read as follows:
33 S 93-E. CONTRIBUTIONS OF HEALTH INSURANCE PREMIUMS FOR OFFICERS AND
34 EMPLOYEES OF MUNICIPAL CORPORATIONS AND AGENCIES OR INSTRUMENTALITIES
35 THEREOF. 1. NO MORE THAN NINE-TENTHS OF THE COST OF PREMIUM OR
36 SUBSCRIPTION CHARGES FOR THE COVERAGE OF ANY OFFICER OR EMPLOYEE OF THE
37 MUNICIPALITY OR RETIRED EMPLOYEES WHO ARE ENROLLED IN A HEALTH BENEFIT
38 PLAN SHALL BE PAID BY THE MUNICIPALITY.
39 2. NO MORE THAN THREE-QUARTERS OF THE COST OF PREMIUM OR SUBSCRIPTION
40 CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH MUNICIPAL EMPLOYEES AND
41 RETIRED MUNICIPAL EMPLOYEES WHO ARE ENROLLED IN A HEALTH BENEFIT PLAN
42 SHALL BE PAID BY THE MUNICIPALITY.
43 3. THE PROVISIONS OF THIS SECTION SHALL APPLY TO AND BE EFFECTIVE
44 WITHIN EVERY CITY, COUNTY, TOWN, VILLAGE, SCHOOL DISTRICT AND ORGANIZED
45 PUBLIC DISTRICT IN THE STATE.
46 S 2. This act shall take effect immediately.
47 PART K
48 Section 1. Paragraph c of subdivision 4 of section 220 of the labor
49 law, as amended by chapter 118 of the laws of 1962, is amended and a new
50 paragraph d is added to read as follows:
A. 8447 14
1 c. Engineers, electricians and elevator men in the bureau of building
2 management of the office of general services during the annual session
3 of the legislature[.];
4 D. ANY PUBLIC WORKS PROJECTS WHERE THE FISCAL OFFICER HAS ANTICIPATED
5 A TOTAL COST OF LESS THAN FIVE HUNDRED THOUSAND DOLLARS.
6 S 2. This act shall take effect immediately.
7 PART L
8 Section 1. Subdivision 2 of section 220 of the labor law, as amended
9 by chapter 678 of the laws of 2007, is amended to read as follows:
10 2. Each contract to which the state or a public benefit corporation or
11 a municipal corporation or a commission appointed pursuant to law is a
12 party[, and any contract for public work entered into by a third party
13 acting in place of, on behalf of and for the benefit of such public
14 entity pursuant to any lease, permit or other agreement between such
15 third party and the public entity,] and which may involve the employment
16 of laborers, workers or mechanics shall contain a stipulation that no
17 laborer, worker or mechanic in the employ of the contractor, subcontrac-
18 tor or other person doing or contracting to do the whole or a part of
19 the work contemplated by the contract shall be permitted or required to
20 work more than eight hours in any one calendar day or more than five
21 days in any one week except in cases of extraordinary emergency includ-
22 ing fire, flood or danger to life or property. No such person shall be
23 so employed more than eight hours in any day or more than five days in
24 any one week except in such emergency. Extraordinary emergency within
25 the meaning of this section shall be deemed to include situations in
26 which sufficient laborers, workers and mechanics cannot be employed to
27 carry on public work expeditiously as a result of such restrictions upon
28 the number of hours and days of labor and the immediate commencement or
29 prosecution or completion without undue delay of the public work is
30 necessary in the judgment of the commissioner for the preservation of
31 the contract site and for the protection of the life and limb of the
32 persons using the same. Upon the application of any person interested,
33 the commissioner shall make a determination as to whether or not on any
34 public project or on all public projects in any area of this state,
35 sufficient laborers, workers and mechanics of any or all classifications
36 can be employed to carry on work expeditiously if their labor is
37 restricted to eight hours per day and five days per week, and in the
38 event that the commissioner determines that there are not sufficient
39 workers, laborers and mechanics of any or all classifications which may
40 be employed to carry on such work expeditiously if their labor is
41 restricted to eight hours per day and five days per week, and the imme-
42 diate commencement or prosecution or completion without undue delay of
43 the public work is necessary in the judgment of the commissioner for the
44 preservation of the contract site and for the protection of the life and
45 limb of the persons using the same, the commissioner shall grant a
46 dispensation permitting all laborers, workers and mechanics, or any
47 classification of such laborers, workers and mechanics, to work such
48 additional hours or days per week on such public project or in such
49 areas the commissioner shall determine. Whenever such a dispensation is
50 granted, all work in excess of eight hours per day and five days per
51 week shall be considered overtime work, and the laborers, workers and
52 mechanics performing such work shall be paid a premium wage commensurate
53 with the premium wages prevailing in the area in which the work is
54 performed. No such dispensation shall be effective with respect to any
A. 8447 15
1 public work unless and until the department of jurisdiction, as defined
2 in this section, certifies to the commissioner that such public work is
3 of an important nature and that a delay in carrying it to completion
4 would result in serious disadvantage to the public. Time lost in any
5 week because of inclement weather by employees engaged in the
6 construction, reconstruction and maintenance of highways outside of the
7 limits of cities and villages may be made up during that week and/or the
8 succeeding three weeks.
9 S 2. Paragraph (c) of subdivision 3 of section 220 of the labor law,
10 as separately amended by chapter 678 of the laws of 2007 and chapter 7
11 of the laws of 2008, is amended to read as follows:
12 (c) It shall be the duty of the fiscal officer, as defined in this
13 section, to ascertain and determine the schedules of supplements to be
14 provided and wages to be paid workers, laborers and mechanics on such
15 public work, prior to the time of the advertisement for bids, and such
16 schedules shall be annexed to and form a part of the specifications for
17 the work. Such fiscal officer shall file with the department having
18 jurisdiction such schedules prior to the time of the commencement of the
19 advertisement for bids on all public works proposed to be constructed.
20 The term "contract" as used in this article also shall include recon-
21 struction and repair of any such public work[, and any public work
22 performed under a lease, permit or other agreement pursuant to which the
23 department of jurisdiction grants the responsibility of contracting for
24 such public work to any third party proposing to perform such work to
25 which the provisions of this article would apply had the department of
26 jurisdiction contracted directly for its performance, or where there is
27 no lease, permit or other agreement and ownership of a public work is
28 intended to be assumed by such public entity at any time subsequent to
29 completion of the public work].
30 S 3. Section 5 of chapter 678 of the laws of 2007, amending the labor
31 law relating to contracts for public work and building service work, is
32 amended to read as follows:
33 S 5. This act shall take effect on the sixtieth day after it shall
34 have become a law[, and shall apply to all contracts or other agreements
35 entered into on or after such date; and shall expire and be deemed
36 repealed 5 years after such effective date].
37 S 4. This act shall take effect immediately.
38 PART M
39 Section 1. This act shall be known and may be cited as the "scaffold
40 reform act".
41 S 2. The labor law is amended by adding a new section 241-c to read as
42 follows:
43 S 241-C. COUNTIES GRANTED LOCAL OPTION. 1. COUNTIES SHALL BE GRANTED
44 A LOCAL OPTION TO REQUIRE CONTRACTORS WORKING ON PROJECTS WITHIN THEIR
45 RESPECTIVE JURISDICTIONS TO COMPLY WITH THE REGULATIONS AND STANDARDS
46 SET FORTH BY THE UNITED STATES DEPARTMENT OF LABOR OCCUPATIONAL SAFETY
47 AND HEALTH ADMINISTRATION AND APPLICABLE STATE REGULATIONS, INSTEAD OF
48 THE REQUIREMENTS OF SECTIONS TWO HUNDRED FORTY, TWO HUNDRED FORTY-ONE
49 AND TWO HUNDRED FORTY-ONE-A OF THIS ARTICLE.
50 2. CONTRACTORS AND EMPLOYEES IN SUCH COUNTIES THAT OPT NOT TO FOLLOW
51 SUCH PROVISIONS OF SECTIONS TWO HUNDRED FORTY, TWO HUNDRED FORTY-ONE AND
52 TWO HUNDRED FORTY-ONE-A OF THIS ARTICLE SHALL BE SUBJECT TO A CONTRIB-
53 UTORY NEGLIGENCE STANDARD THAT HOLD EMPLOYEES RESPONSIBLE FOR THEIR
54 CULPABLE CONDUCT. SUCH CONDUCT SHALL INCLUDE, BUT NOT BE LIMITED TO:
A. 8447 16
1 (A) ANY EMPLOYEE WHO FAILS TO FOLLOW SAFETY INSTRUCTIONS OR SAFE WORK
2 PRACTICES PROVIDED IN ACCORDANCE WITH APPROVED TRAINING COURSES, INCLUD-
3 ING, BUT NOT LIMITED TO, COURSES PROVIDED BY THE UNITED STATES DEPART-
4 MENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION OR BY THE
5 DEPARTMENT;
6 (B) ANY EMPLOYEE WHO FAILS TO USE SAFETY DEVICES FURNISHED ON THE JOB
7 SITE; OR
8 (C) ANY EMPLOYEE WHO WAS INJURED WHILE IMPAIRED BY THE USE OF ALCOHOL
9 OR DRUGS OR WHILE COMMITTING A CRIME.
10 3. THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS NECES-
11 SARY FOR THE IMPLEMENTATION OF THIS SECTION TO AUTHORIZE COUNTIES TO
12 EXERCISE THIS LOCAL OPTION. THE PROCESS FOR THE IMPLEMENTATION OF SUCH
13 RULES AND REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, CONSULTA-
14 TIONS WITH BUSINESSES AND LABOR, MANDATORY PUBLIC HEARINGS AND APPROVAL
15 BY THE COUNTY GOVERNING BODY.
16 S 3. This act shall take effect on the ninetieth day after it shall
17 have become a law.
18 PART N
19 Section 1. Section 101 of the general municipal law is REPEALED.
20 S 2. Subdivision 4 of section 279-c of the county law, as added by
21 chapter 504 of the laws of 1997, is amended to read as follows:
22 4. Every agreement entered into between the district and a private
23 entity, pursuant to subdivision one of this section, for the
24 construction of a wastewater treatment facility, shall require the
25 payment of all applicable prevailing wages pursuant to section two
26 hundred twenty of the labor law, shall require the furnishing to the
27 district of a performance bond in the full amount of the cost of such
28 construction, shall require that each contractor and subcontractor
29 performing work on such construction furnish a payment bond in the full
30 amount of its contract guaranteeing prompt payment of monies that are
31 due to all persons furnishing labor and materials to such contractor or
32 subcontractor[, and shall contain provisions that such construction, if
33 in excess of twenty thousand dollars, shall be conducted pursuant to
34 section one hundred one of the general municipal law]. A copy of the
35 above mentioned payment and performance bonds shall be kept by the
36 district and shall be open to public inspection.
37 S 3. Paragraph d of subdivision 1 of section 372-a of the education
38 law, as added by chapter 624 of the laws of 1999, is amended to read as
39 follows:
40 d. Any contracts or leases entered into by the trustees of the state
41 university of New York pursuant to this section shall require the lessee
42 or contracting not-for-profit corporation to comply with the require-
43 ments of article fifteen-A of the executive law. Any contract or lease
44 for construction, rehabilitation, or other improvement authorized by
45 this section entered into by the trustees shall require the lessee or
46 contractor and/or subcontractor to comply with the requirements of
47 section two hundred twenty, two hundred thirty, two hundred thirty-one,
48 two hundred forty and two hundred forty-one of the labor law, where
49 applicable, as well as [sections one hundred one and] SECTION one
50 hundred three of the general municipal law, where applicable;
51 S 4. Subdivision 11 of section 407-a of the education law, as added by
52 chapter 737 of the laws of 1988, is amended to read as follows:
53 11. Any contract undertaken or financed by the dormitory authority for
54 any construction, reconstruction, rehabilitation or improvement for any
A. 8447 17
1 special act school district shall comply with the provisions of
2 [sections one hundred one and] SECTION one hundred three of the general
3 municipal law.
4 S 5. Subdivision 1 of section 458 of the education law is REPEALED and
5 subdivisions 2 and 2-a are renumbered subdivisions 1 and 2.
6 S 6. Subdivision 1 of section 482 of the education law is REPEALED and
7 subdivisions 2 and 2-a are renumbered subdivisions 1 and 2.
8 S 7. Subdivision 3 of section 1726 of the education law, as added by
9 chapter 198 of the laws of 1973, is amended to read as follows:
10 3. Such agreements shall be subject to the bidding requirements of the
11 general municipal law[, except that the provisions of section one
12 hundred one of the general municipal law shall not apply to lease or
13 lease-purchase of pre-manufactured items delivered to the site, but
14 shall apply to installation and other work to be performed on the site].
15 S 8. Subdivision (b) of section 6281 of the education law is REPEALED.
16 S 9. Subparagraph 4 of paragraph c of subdivision 2 of section 27-0707
17 of the environmental conservation law, as amended by chapter 70 of the
18 laws of 1988, is amended to read as follows:
19 (4) the applicant has received or will receive the written opinion of
20 counsel to each [muncipality] MUNICIPALITY or public authority which has
21 entered into a contract, lease or rental agreement with the proposed
22 facility that such contract, lease or rental agreement is in compliance
23 with the applicable requirements of sections [one hundred one,] one
24 hundred three and one hundred twenty-w of the general municipal law.
25 S 10. The closing paragraph of section 99-q of the general municipal
26 law, as added by chapter 825 of the laws of 1987, is amended to read as
27 follows:
28 All contracts entered into pursuant to the provisions of this section
29 shall be subject to the provisions of [sections one hundred one and]
30 SECTION one hundred three of this chapter.
31 S 11. The opening paragraph of paragraph (e) of subdivision 4 of
32 section 120-w of the general municipal law, as amended by chapter 552 of
33 the laws of 1980, is amended to read as follows:
34 It is the intent of the legislature that overall cost should in all
35 cases be a major criterion in the selection of contractors for award of
36 contracts pursuant to this section and that, wherever practical, such
37 contracts which include construction work should be procured through
38 competitive bidding procedures as prescribed by [sections one hundred
39 one and] SECTION one hundred three of this chapter. It is further the
40 intent of the legislature to acknowledge the highly complex and innova-
41 tive nature of resource recovery technology for processing mixed solid
42 waste, the relative newness of the variety of resource recovery systems
43 now available, the desirability of a single point of responsibility for
44 the development of facilities and the economic and technical utility of
45 contracts for resource recovery projects which include in their scope
46 various combinations of design, construction, operation, management
47 and/or maintenance responsibilities over prolonged periods of time and
48 that in some instances it may be beneficial to the municipality to award
49 a contract on the basis of factors other than cost alone, including but
50 not limited to facility design, system reliability, energy efficiency,
51 compatibility with source separation and other recycling systems and
52 environmental protection. Accordingly, and notwithstanding the
53 provisions of any general, special or local law or charter, a contract
54 entered into between a municipality and any person pursuant to this
55 section may be awarded pursuant to public bidding in compliance with
56 [sections one hundred one and] SECTION one hundred three of this chapter
A. 8447 18
1 or pursuant to the following provisions for the award of a contract
2 based on evaluation of proposals submitted in response to a request for
3 proposals prepared by or for the municipality:
4 S 12. Section 1136 of the public authorities law, as added by chapter
5 592 of the laws of 1991, is amended to read as follows:
6 S 1136. Construction and purchase contracts. The authority shall let
7 contracts for construction or purchase of supplies, materials or equip-
8 ment pursuant to [sections one hundred one and] SECTION one hundred
9 three of the general municipal law. Nothing in this section shall be
10 construed to limit the powers of the authority to do any construction
11 directly by the officers, agents and employees of the authority.
12 S 13. Section 1137 of the public authorities law, as added by chapter
13 595 of the laws of 1991, is amended to read as follows:
14 S 1137. Construction and purchase contracts. The authority shall let
15 contracts for construction or purchase of supplies, materials, or equip-
16 ment pursuant to [sections one hundred one and] SECTION one hundred
17 three of the general municipal law. Nothing in this section shall be
18 construed to limit the power of the authority to do any construction
19 directly by the officers, agents and employees of the authority.
20 S 14. Section 1147-u of the public authorities law, as added by chap-
21 ter 691 of the laws of 1995, is amended to read as follows:
22 S 1147-u. Construction and purchase contracts. The authority shall let
23 contracts for construction or purchase of supplies, materials, or equip-
24 ment pursuant to [sections one hundred one and] SECTION one hundred
25 three of the general municipal law and shall be let in accordance with
26 the provisions of state law pertaining to prevailing wages, labor stand-
27 ards, and working hours. Nothing in this section shall be construed to
28 limit the power of the authority to do any construction directly by the
29 officers, agents and employees of the authority.
30 S 15. Section 1174-q of the public authorities law, as added by chap-
31 ter 491 of the laws of 1991, is amended to read as follows:
32 S 1174-q. Construction and purchase contracts. The authority shall let
33 contracts for construction or purchase of supplies, materials, or equip-
34 ment pursuant to [sections one hundred one and] SECTION one hundred
35 three of the general municipal law. Nothing in this section shall be
36 construed to limit the power of the authority to do any construction
37 directly by the officers, agents and employees of the authority or to
38 contract with a public utility, for a term not to exceed five years, for
39 the operation and maintenance of a water supply system acquired from
40 said public utility.
41 S 16. Section 1198-q of the public authorities law, as added by chap-
42 ter 868 of the laws of 1990, is amended to read as follows:
43 S 1198-q. Construction and purchase contracts. The authority shall let
44 contracts for construction or purchase of supplies, materials, or equip-
45 ment pursuant to [sections one hundred one and] SECTION one hundred
46 three of the general municipal law. Nothing in this section shall be
47 construed to limit the power of the authority to do any construction
48 directly by the officers, agents and employees of the authority or to
49 contract with a public utility, for a term not to exceed five years, for
50 the operation and maintenance of a water supply system acquired from
51 said public utility.
52 S 17. Section 1199-qqq of the public authorities law, as added by
53 chapter 678 of the laws of 1990, is amended to read as follows:
54 S 1199-qqq. Construction and purchase contracts. The authority shall
55 let contracts for construction or purchase of supplies, materials, or
56 equipment pursuant to [sections one hundred one and] SECTION one hundred
A. 8447 19
1 three of the general municipal law. Nothing in this section shall be
2 construed to limit the power of the authority to do any construction
3 directly by the officers, agents and employees of the authority.
4 S 18. Section 1199-qqqq of the public authorities law, as added by
5 chapter 195 of the laws of 1995, is amended to read as follows:
6 S 1199-qqqq. Construction and purchase contracts. The authority shall
7 let contracts for construction or purchase of supplies, materials, or
8 equipment pursuant to [sections one hundred one and] SECTION one hundred
9 three of the general municipal law and shall be let in accordance with
10 the provisions of state law pertaining to prevailing wages, labor stand-
11 ards, and working hours. Nothing in this section shall be construed to
12 limit the power of the authority to do any construction directly by the
13 officers, agents and employees of the authority.
14 S 19. The closing paragraph of subdivision 13 of section 1678 of the
15 public authorities law, as added by chapter 825 of the laws of 1987, is
16 amended to read as follows:
17 Any contract undertaken or financed by the dormitory authority for any
18 construction, reconstruction, rehabilitation or improvement of any court
19 facilities or combined occupancy structures shall comply with the
20 provisions of [sections one hundred one and] SECTION one hundred three
21 of the general municipal law.
22 S 20. The opening paragraph of paragraph a of subdivision 2 of section
23 1680 of the public authorities law, as amended by section 25 of part II
24 of chapter 59 of the laws of 2004, is amended to read as follows:
25 The dormitory authority is hereby authorized and empowered upon appli-
26 cation of the educational institution concerned to acquire, design,
27 construct, reconstruct, rehabilitate and improve, or otherwise provide
28 and furnish and equip dormitories and attendant facilities for any
29 educational institution, provided that THE SPECIFICATIONS FOR any
30 contract undertaken or financed by the dormitory authority for any
31 construction, reconstruction, rehabilitation or improvement of any
32 building or structure commenced after September first, nineteen hundred
33 seventy-four for the Gananda school district or the Gananda educational
34 facilities corporation, or any agency, board or commission therein, or
35 any official thereof, [shall comply with the provisions of section one
36 hundred one of the general municipal law and the specifications for such
37 contract] may provide for assignment of responsibility for coordination
38 of any of the contracts for such work to a single responsible and quali-
39 fied person, firm or corporation; [provided, however, that all contracts
40 for construction of buildings on behalf of Queens Hospital Center shall
41 be in conformity with the provisions of section one hundred one of the
42 general municipal law;] provided that any contracts for the
43 construction, reconstruction, rehabilitation or improvement of any
44 public work project undertaken by the dormitory authority of any facili-
45 ty for the aged for any political subdivision of the state or any
46 district therein or agency, department, board or commission thereof, or
47 any official thereof, shall comply with the provisions of section one
48 hundred thirty-five of the state finance law; and provided further that
49 any contract undertaken or financed by the dormitory authority for any
50 construction, reconstruction, rehabilitation or improvement of any
51 building commenced after January first, nineteen hundred eighty-nine for
52 the department of health shall comply with the provisions of section one
53 hundred thirty-five of the state finance law.
54 S 21. Subdivision 1 of section 1734 of the public authorities law, as
55 added by chapter 738 of the laws of 1988, is amended to read as follows:
A. 8447 20
1 1. [a.] All contracts for the construction, reconstruction, improve-
2 ment, rehabilitation, maintenance, repair, furnishing, equipping of or
3 otherwise providing for educational facilities for the city board may be
4 awarded in accordance with the provisions of this section, notwithstand-
5 ing the provisions of section eight of the public buildings law, section
6 one hundred three of the general municipal law, section one hundred
7 thirty-five of the state finance law, section seven of the New York
8 state financial emergency act for the city of New York or of any other
9 provision of general, special or local law, charter or administrative
10 code.
11 [b. The authority shall be subject to the provisions of section one
12 hundred one of the general municipal law.]
13 S 22. Section 1735 of the public authorities law, as added by chapter
14 738 of the laws of 1988, subdivision 1 as amended by chapter 345 of the
15 laws of 2009, subdivision 4 as amended by chapter 491 of the laws of
16 2000 and subdivision 6 as amended by chapter 523 of the laws of 2010, is
17 amended to read as follows:
18 S 1735. Certain contracts of the authority. 1. [Notwithstanding the
19 provisions of paragraph b of subdivision one of section seventeen
20 hundred thirty-four of this title, the award of construction contracts
21 by the authority between July first, nineteen hundred eighty-nine and
22 June thirtieth, two thousand fourteen, shall not be subject to the
23 provisions of section one hundred one of the general municipal law.
24 2.] Notice of the invitation for bids for contracts to be awarded
25 pursuant to this section shall state the time and place of the receipt
26 and opening of bids.
27 [3.] 2. All bidders shall submit to the authority, prior to the open-
28 ing of a bid for the award of a contract under this section, a sealed
29 list identifying the names of each subcontractor each contractor
30 proposes to utilize under the contract for the performance of the
31 following subdivisions of work:
32 a. Plumbing and gas fitting;
33 b. Steam heating, hot water heating, ventilating and air conditioning
34 apparatus; and
35 c. Electric wiring and standard illuminating fixtures.
36 The low bidder shall specify in such list the estimated value to be
37 paid each such subcontractor for the work to be performed by such
38 subcontractor. After the authority has announced the low bidder at the
39 bid opening, the authority shall open only such low bidder's separate
40 sealed list and shall read aloud such subcontractors listed therein. All
41 such sealed lists except those of the low bidder shall be returned
42 unopened to their respective contractors following the awarding of a
43 contract.
44 [4.] 3. The authority shall establish a committee to review and report
45 on contracts issued pursuant to this section and on the procedures and
46 methodology of the authority in awarding such contracts. The review
47 shall include, but not be limited to, the degree to which contractors
48 awarded contracts pursuant to [such paragraph] THIS SECTION, and the
49 subcontractors utilized by them, utilize employees who are represented
50 by labor organizations, comply with existing labor standards, maintain
51 harmonious labor relations and recognize state approved apprentice
52 programs. The committee shall, from time to time, issue economic and
53 statistical reports dealing with the costs of construction under this
54 article. Such reports shall deal with the costs of labor, material,
55 equipment and profit. The committee shall have no authority to approve
56 or disapprove contracts. The committee shall be composed of two repre-
A. 8447 21
1 sentatives from the authority, one representative from the board, two
2 representatives from construction-related labor organizations and two
3 representatives from the construction industry, at least one of whom
4 shall be involved in the subdivisions of work described in subdivision
5 [three] TWO of this section. The president of the authority shall desig-
6 nate the members of the committee, provided, however, that the president
7 shall designate the representatives of labor organizations from a list
8 of names submitted by the New York state AFL-CIO.
9 [5.] 4. In awarding contracts pursuant to this section the authority
10 shall, in addition to the factors set forth in subdivision three of
11 section seventeen hundred thirty-four of this title, consider the
12 following factors when establishing a list of pre-qualified bidders for
13 construction work: (a) the degree to which a contractor or subcontractor
14 utilizes employees who are represented by a labor organization; (b) the
15 absence of any intentional misrepresentation with regard to lists of
16 subcontractors previously submitted pursuant to the provisions of subdi-
17 vision [two] ONE of this section; and (c) the record of the bidder in
18 complying with existing labor standards, maintaining harmonious labor
19 relations and recognizing state approved apprentice programs.
20 [6.] 5. The authority shall provide in its construction, erection or
21 alteration contracts which implement a five year educational facilities
22 capital plan a provision that shall require each contractor to make
23 prompt payment to its subcontractors performing each subdivision of work
24 listed in subdivision [three] TWO of this section. Within seven calendar
25 days of the receipt of any payment from the authority, the contractor
26 shall pay to each such subcontractor that portion of the proceeds of
27 such payment representing the value of the work performed by such
28 subcontractor, based upon the actual value of the subcontract, which has
29 been approved and paid for by the authority, less an amount necessary to
30 satisfy any claims, liens or judgments against the subcontractor which
31 have not been suitably discharged and less any amount retained by the
32 contractor as provided herein. For such purpose, the subcontract may
33 provide that the contractor may retain not more than five per centum of
34 each payment to the subcontractor or not more than ten per centum of
35 each such payment if prior to entering into the subcontract the subcon-
36 tractor is unable or unwilling to provide, at the request of the
37 contractor, a performance bond and a labor and material bond both in the
38 amount of the subcontract.
39 At the time of making a payment to the contractor for work performed
40 by the subcontractors set forth in subdivision [three] TWO of this
41 section, the authority shall file in its office for review a record of
42 such payment. If any such subcontractor shall notify the authority and
43 the contractor in writing that the contractor has failed to make a
44 payment to it as provided herein and the contractor shall fail, within
45 five calendar days after receipt of such notice, to furnish either proof
46 of such payment or notice that the amount claimed by the subcontractor
47 is in dispute, the authority shall withhold from amounts then or there-
48 after becoming due and payable to the contractor, other than from
49 amounts becoming due and payable to the contractor representing the
50 value of work approved by the authority and performed by other subcon-
51 tractors and which the contractor is required to pay to such subcontrac-
52 tors within seven calendar days as herein provided, an amount equal to
53 one hundred fifty percent of that portion of the authority's prior
54 payment to the contractor which the subcontractor claims to be due it,
55 shall remit the amount when and so withheld to the subcontractor and
56 deduct such payment from the amounts then otherwise due and payable to
A. 8447 22
1 the contractor, which payment shall, as between the contractor and the
2 authority, be deemed a payment by the authority to the contractor. In
3 the event the contractor shall notify the authority as above provided
4 that the claim of the subcontractor is in dispute, the authority shall
5 withhold from amounts then or thereafter becoming due and payable to the
6 contractor, other than from amounts becoming due and payable to the
7 contractor representing the value of work approved by the authority and
8 performed by other subcontractors and which the contractor is required
9 to pay to such subcontractors within seven calendar days as herein
10 provided, an amount equal to one hundred fifty percent of that portion
11 of the authority's prior payment to the contractor which the subcontrac-
12 tor claims to be due it and deposit such amount when and so withheld in
13 a separate interest-bearing account pending resolution of the dispute,
14 and the amount so deposited together with the interest thereon shall be
15 paid to the party or parties ultimately determined to be entitled there-
16 to, or until the contractor and subcontractor shall otherwise agree as
17 to the disposition thereof. In the event the authority shall be
18 required to withhold amounts from a contractor for the benefit of more
19 than one subcontractor, the amounts so withheld shall be applied to or
20 for such subcontractors in the order in which the written notices of
21 nonpayment have been received by the authority, and if more than one
22 such notice was received on the same day, proportionately based upon the
23 amount of the subcontractor claims received on such day. Notwithstanding
24 the foregoing, in lieu of withholding such amount or amounts in dispute,
25 the contractor may post a bond or other form of undertaking guaranteeing
26 payment of such disputed amounts. Nothing herein contained shall prevent
27 the authority from commencing an interpleader action to determine enti-
28 tlement to a disputed payment in accordance with section one thousand
29 six of the civil practice law and rules, or any successor provision
30 thereto. In the event the authority does not withhold the required
31 amounts within sixty days after the written notification from the
32 subcontractor regarding failure of the contractor to make payment, the
33 subcontractor may file a lien under article two of the lien law as the
34 sole remedy in lieu of the remedy provided under this subdivision.
35 Payment to a subcontractor shall not relieve the contractor from
36 responsibility for the work covered by the payment. Except as otherwise
37 provided, nothing contained herein shall create any obligation on the
38 part of the authority to pay any subcontractor, nor shall anything
39 provided herein serve to create any relationship in contract or other-
40 wise, implied or expressed, between the subcontractor and the authority.
41 The provisions of this subdivision shall not be applicable to the
42 subcontractors of a contractor whose contract is limited to the perform-
43 ance of a single subdivision of work listed in subdivision [three] TWO
44 of this section.
45 [7.] 6. The provisions of this section shall cease to be in effect in
46 the event any of the provisions of this section shall be adjudged to be
47 invalid by the final judgment of a court of competent jurisdiction from
48 which judgment all appeals or applications for relief have been
49 exhausted or the time therefor has expired, provided, however, that such
50 appeals or applications are pursued promptly.
51 S 23. Section 2052-k of the public authorities law, as added by chap-
52 ter 683 of the laws of 1992, is amended to read as follows:
53 S 2052-k. Construction and purchase contracts. The authority shall let
54 contracts for construction or purchase of supplies, materials, or equip-
55 ment pursuant to [sections one hundred one and] SECTION one hundred
56 three of the general municipal law. Nothing in this section shall be
A. 8447 23
1 construed to limit the powers of the authority to do any construction
2 directly by the officers, agents and employees of the authority.
3 S 24. Subdivision 1 of section 2680-q of the public authorities law,
4 as added by chapter 632 of the laws of 1999, is amended to read as
5 follows:
6 1. The authority shall let contracts for construction or purchase of
7 supplies, materials, or equipment pursuant to [sections one hundred one
8 and] SECTION one hundred three of the general municipal law. Nothing in
9 this section shall be construed to limit the powers of the authority to
10 do any construction directly by the officers, agents and employees of
11 the authority.
12 S 25. The opening paragraph of subdivision 9 of section 3303 of the
13 public authorities law, as added by chapter 11 of the laws of 1997, is
14 amended to read as follows:
15 It is the intent of the legislature that overall cost should in all
16 cases be a major criterion in the selection of project developers for
17 award of contracts pursuant to this section and that, wherever practi-
18 cal, such contracts should be entered into through competitive bidding
19 procedures as prescribed by [sections one hundred one and] SECTION one
20 hundred three of the general municipal law. It is further the intent of
21 the legislature to acknowledge the highly complex and innovative nature
22 of medical technology, diagnostic and treatment devices, the relative
23 newness of a variety of devices, processes and procedures now available,
24 the desirability of a single point of responsibility for the development
25 of medical treatment and diagnostic facilities and the economic and
26 technical utility of contracts for medical projects which include in
27 their scope various combinations of design, construction, operation,
28 management and/or maintenance responsibility over prolonged periods of
29 time and that in some instances it may be beneficial to the corporation
30 to award a contract for a medical project on the basis of factors other
31 than cost alone, including but not limited to facility design, system
32 reliability, efficiency, safety, and compatibility with other elements
33 of patient care. Accordingly, and notwithstanding the provisions of any
34 general, special or local law or chapter, a contract for a medical
35 project entered into between the corporation and any project developer
36 pursuant to this section may be awarded pursuant to public bidding in
37 compliance with [sections one hundred one and] SECTION one hundred three
38 of the general municipal law or pursuant to the following provisions for
39 the award of a contract based on evaluation of proposals submitted in
40 response to a request for proposals prepared by or for the corporation:
41 S 26. The opening paragraph of subdivision 8 of section 3402 of the
42 public authorities law, as added by chapter 9 of the laws of 1997, is
43 amended to read as follows:
44 It is the intent of the legislature that overall cost should in all
45 cases be a major criterion in the selection of project developers for
46 award of contracts pursuant to this section and that, wherever practi-
47 cal, such contracts should be entered into pursuant to the provisions of
48 [sections one hundred one and] SECTION one hundred three of the general
49 municipal law. It is further the intent of the legislature to acknowl-
50 edge the highly complex and innovative nature of medical technology,
51 diagnostic and treatment devices, the relative newness of a variety of
52 devices, processes and procedures now available, the desirability of a
53 single point of responsibility for the development of medical treatment
54 and diagnostic facilities and the economic and technical utility of
55 contracts for medical projects which include in their scope various
56 combinations of design, construction, operation, management and/or main-
A. 8447 24
1 tenance responsibility over prolonged periods of time and that in some
2 instances it may be beneficial to the corporation to award a contract
3 for a medical project on the basis of factors other than capital cost
4 alone, including but not limited to facility design, system reliability,
5 efficiency, safety, long-term operating costs and compatibility with
6 other elements of patient care. Accordingly, and notwithstanding the
7 provisions of any general, special or local law or chapter, a contract
8 for a medical project entered into between the corporation and any
9 project developer pursuant to this section may be awarded pursuant to
10 public bidding in compliance with [sections one hundred one and] SECTION
11 one hundred three of the general municipal law or pursuant to the
12 following provisions for the award of a contract based on evaluation of
13 proposals submitted in response to a request for proposals prepared by
14 or for the corporation:
15 S 27. The opening paragraph of subdivision 8 of section 3603 of the
16 public authorities law, as added by chapter 507 of the laws of 1999, is
17 amended to read as follows:
18 It is the intent of the legislature that overall costs should in all
19 cases by a major criterion in the selection of project developers for
20 the award of contracts pursuant to this section and that, wherever prac-
21 tical, such contracts should be entered into through competitive bidding
22 procedures as prescribed by [sections one hundred one and] SECTION one
23 hundred three of the general municipal law. It is further the intent of
24 the legislature to acknowledge the highly complex and innovative nature
25 of medical technology, diagnostic and treatment devices, the relative
26 newness of a variety of devices, processes and procedures now available,
27 the desirability of a single point of responsibility for the development
28 of medical treatment and diagnostic facilities and the economic and
29 technical utility of contracts for medical projects which include in
30 their scope various combinations of design, construction, operation,
31 management and/or maintenance responsibility over prolonged periods of
32 time. In some instances it may be beneficial to the corporation to award
33 a contract for a medical project on the basis of factors other than cost
34 alone, including but not limited to facility design, system reliability,
35 efficiency, safety, and compatibility with other elements of patient
36 care. Accordingly, and notwithstanding the provisions of any general,
37 special or local law, a contract for a medical project entered into
38 between the corporation and any project developer pursuant to this arti-
39 cle may be awarded pursuant to public bidding in compliance with
40 [sections one hundred one and] SECTION one hundred three of the general
41 municipal law or pursuant to the following provisions for the award of a
42 contract based on evaluation of proposals submitted in response to a
43 request for proposals prepared by or for the corporation:
44 S 28. The opening paragraph of subdivision 10 of section 3628 of the
45 public authorities law, as added by chapter 143 of the laws of 2003, is
46 amended to read as follows:
47 It is the intent of the legislature that overall cost shall in all
48 cases be a major criterion in the selection of project developers for
49 award of contracts pursuant to this section and that, whenever practi-
50 cal, such contracts shall be entered into through competitive bidding
51 procedures, as prescribed by [sections one hundred one and] SECTION one
52 hundred three of the general municipal law. It is further the intent of
53 the legislature to acknowledge the highly complex and innovative nature
54 of medical technology and diagnostic and treatment devices, the relative
55 newness of a variety of devices, processes, and procedures now avail-
56 able, the desirability of a single point of responsibility for the
A. 8447 25
1 development of medical treatment and diagnostic facilities, and the
2 economic and technical utility of contracts for medical projects which
3 include in their scope various combinations of design, construction,
4 operation, management, or maintenance responsibility, or any combination
5 thereof, over prolonged periods of time, and to acknowledge that, in
6 some instances, it may be beneficial to the corporation to award a
7 contract for a medical project on the basis of factors other than cost
8 alone, including, but not limited to, facility design, system reliabil-
9 ity, efficiency, safety, and compatibility with other elements of
10 patient care. Accordingly, and notwithstanding the provisions of any
11 general, special, or local law or charter, a contract for a medical
12 project entered into between the corporation and any project developer
13 pursuant to this section may be awarded pursuant to public bidding in
14 compliance with [sections one hundred one and] SECTION one hundred three
15 of the general municipal law or pursuant to the following provisions for
16 the award of a contract based on an evaluation of proposals submitted in
17 response to a request for proposals prepared by or for the corporation:
18 S 29. This act shall take effect on the one hundred eightieth day
19 after it shall have become a law; provided, however, that the amendments
20 to section 1735 of the public authorities law made by section twenty-two
21 of this act shall not affect the repeal of such section and shall be
22 deemed repealed therewith.
23 PART O
24 Section 1. Paragraph (a) of subdivision 2 of section 222 of the labor
25 law, as added by section 18 of part MM of chapter 57 of the laws of
26 2008, is amended to read as follows:
27 (a) Any agency, board, department, commission or officer of the state
28 of New York, or of any political subdivision thereof as defined in
29 section one hundred of the general municipal law, municipal corporation
30 as defined in section sixty-six of the general construction law, public
31 benefit corporation, or local or state authority as defined in section
32 two of the public authorities law having jurisdiction over the public
33 work may NOT require [a contractor awarded a contract, subcontract,
34 lease, grant, bond, covenant or other agreement for a project to enter
35 into], BUT MAY OFFER AS AN OPTION, PARTICIPATION IN a project labor
36 agreement [during and for the work involved with such project when such
37 requirement is], AND SHALL NOTIFY EACH CONTRACTOR OF THE OPTION TO
38 INCLUDE OR NOT INCLUDE PARTICIPATION IN A PROJECT LABOR AGREEMENT WITH
39 ITS BID, AS part of the agency, board, department, commission or officer
40 of the state of New York, political subdivision, municipal corporation,
41 public benefit corporation or local or state authority having jurisdic-
42 tion over the public work request for proposals for the project and when
43 the agency, board, department, commission or officer of the state of New
44 York, political subdivision, municipal corporation, public benefit
45 corporation or local or state authority having jurisdiction over the
46 public work determines that its interest in obtaining the best work at
47 the lowest possible price, preventing favoritism, fraud and corruption,
48 and other considerations such as the impact of delay, the possibility of
49 cost savings advantages, and any local history of labor unrest, are best
50 met by requiring a project labor agreement, BUT SHALL IN ANY EVENT AWARD
51 THE SUBCONTRACT, LEASE, CONTRACT, GRANT, BOND, COVENANT OR OTHER AGREE-
52 MENT FOR A PROJECT TO THE CONTRACTOR WITH THE LOW BID REGARDLESS OF
53 WHETHER A PROJECT LABOR AGREEMENT WAS INCLUDED IN THE CONTRACTOR'S BID
54 PROPOSAL.
A. 8447 26
1 S 2. Paragraph (b) of subdivision 2 of section 222 of the labor law is
2 REPEALED.
3 S 3. This act shall take effect immediately.
4 PART P
5 Section 1. Subdivision 3 of section 103 of the general municipal law,
6 as amended by chapter 343 of the laws of 2007, is amended to read as
7 follows:
8 3. Notwithstanding the provisions of subdivision one of this section,
9 any officer, board or agency of a political subdivision or of any
10 district therein authorized to make purchases of materials, equipment or
11 supplies, or to contract for services, may make such purchases, or may
12 contract for services, [other than services subject to article eight or
13 nine of the labor law,] when available, through the county in which the
14 political subdivision or district is located or through any county with-
15 in the state subject to the rules established pursuant to subdivision
16 two of section four hundred eight-a of the county law; provided that the
17 political subdivision or district for which such officer, board or agen-
18 cy acts shall accept sole responsibility for any payment due the vendor
19 or contractor. All purchases and all contracts for such services shall
20 be subject to audit and inspection by the political subdivision or
21 district for which made. Prior to making such purchases or contracts the
22 officer, board or agency shall consider whether such contracts will
23 result in cost savings after all factors, including charges for service,
24 material, and delivery, have been considered. No officer, board or agen-
25 cy of a political subdivision or of any district therein shall make any
26 purchase or contract for any such services through the county in which
27 the political subdivision or district is located or through any county
28 within the state when bids have been received for such purchase or such
29 services by such officer, board or agency, unless such purchase may be
30 made or the contract for such services may be entered into upon the same
31 terms, conditions and specifications at a lower price through the coun-
32 ty.
33 S 2. This act shall take effect immediately.
34 PART Q
35 Section 1. Notwithstanding the provisions of article 47 of the insur-
36 ance law, or any other provision of law to the contrary, a county shall
37 be authorized to enter into a municipal cooperative agreement authorized
38 by article 5-G of the general municipal law, with one or more school
39 districts, towns, or villages, in order to provide health care benefits
40 or establish a health care plan for their respective employees. Such
41 county shall be authorized to charge an administrative fee to such
42 school districts, towns, or villages for participation in such agree-
43 ment.
44 S 2. This act shall take effect immediately.
45 PART R
46 Section 1. Subdivision 4 of section 1950 of the education law is
47 amended by adding a new paragraph oo to read as follows:
48 OO. UPON THE REQUEST OF THE COMPONENT SCHOOL DISTRICTS AND WITH THE
49 APPROVAL OF THE COMMISSIONER, TO PROVIDE COLLECTIVE BARGAINING, PURSUANT
50 TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, ON A SUPERVISORY
A. 8447 27
1 DISTRICT-WIDE BASIS WITH THE EMPLOYEE ORGANIZATIONS REPRESENTING THE
2 TEACHERS AND OTHER EMPLOYEES OF THE COMPONENT SCHOOL DISTRICTS.
3 S 2. This act shall take effect immediately.
4 PART S
5 Section 1. Section 215-b of the education law, as amended by chapter
6 301 of the laws of 1996, is amended to read as follows:
7 S 215-b. Annual report by commissioner to governor and legislature.
8 The commissioner shall prepare and submit to the governor, the president
9 pro tem of the senate and the speaker of the assembly not later than
10 January first, nineteen hundred ninety-six and by the first day of Janu-
11 ary in each year thereafter, a report detailing the financial and
12 statistical outcomes of boards of cooperative educational services which
13 shall[, at minimum,] set forth with respect to the preceding school
14 year[: tuition costs for selected programs; standard per pupil cost
15 information for selected services as determined by the commissioner; and
16 aggregate expenditure data for the following categories: administration,
17 instructional services, career education, special education, rent and
18 facilities and other services; and such other information as deemed
19 appropriate] INFORMATION NECESSARY TO ASSURE THE ACCOUNTABILITY OF
20 BOARDS OF COOPERATIVE EDUCATIONAL SERVICES FOR ITS FISCAL AND PROGRAM-
21 MATIC RESOURCES, AS SET FORTH IN REGULATIONS TO BE PRESCRIBED by the
22 commissioner. The format for such report shall be developed in consulta-
23 tion with school district officials and the director of the budget.
24 Such report will include changes from the year prior to the report year
25 for each such item for all boards of cooperative educational services.
26 WHERE APPLICABLE, SUCH REPORT SHALL BE SUBMITTED ELECTRONICALLY TO THE
27 DEPARTMENT OVER THE INTERNET THROUGH A SECURE WEBPAGE AS SET FORTH IN
28 REGULATIONS TO BE PRESCRIBED BY THE COMMISSIONER. THIS ELECTRONIC REPORT
29 SHALL TAKE THE PLACE OF FILING PAPER COPIES OF SUCH REPORT EXCEPT IN
30 CIRCUMSTANCES WHERE AN ORIGINAL SIGNATURE IS REQUIRED, THEN ORIGINAL
31 PAPER COPIES MUST BE FILED. THE COMMISSIONER SHALL PROMULGATE ALL RULES
32 AND REGULATIONS NECESSARY TO IMPLEMENT THE ELECTRONIC FILING OF SUCH
33 REPORT. Such report shall be distributed to all school districts and
34 boards of cooperative educational services and shall be made available
35 to all other interested parties upon request.
36 S 2. Section 305 of the education law is amended by adding two new
37 subdivisions 32 and 32-a to read as follows:
38 32. A. THE COMMISSIONER SHALL, TO THE EXTENT PRACTICABLE AND CONSIST-
39 ENT WITH FEDERAL AND STATE LAW, ELIMINATE OR STREAMLINE PROGRAMMATIC
40 REPORTING, PLANNING AND APPLICATION REQUIREMENTS IMPOSED ON SCHOOL
41 DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, IN ORDER TO
42 ELIMINATE OR MINIMIZE THE PRODUCTION OF REPORTS, APPLICATIONS AND PLANS
43 THAT CONTAIN DUPLICATIVE INFORMATION. WHERE APPLICABLE, THE COMMISSION-
44 ER SHALL REQUIRE THAT ALL SUCH REPORTS, APPLICATIONS AND PLANS SHALL BE
45 SUBMITTED ELECTRONICALLY TO THE DEPARTMENT OVER THE INTERNET THROUGH A
46 SECURE WEBPAGE. THESE ELECTRONIC REPORTS, APPLICATIONS AND PLANS SHALL
47 TAKE THE PLACE OF FILING PAPER COPIES OF SUCH REPORTS, APPLICATIONS AND
48 PLANS EXCEPT IN CIRCUMSTANCES WHERE AN ORIGINAL SIGNATURE IS REQUIRED,
49 THEN ORIGINAL PAPER COPIES MUST BE FILED. THE COMMISSIONER SHALL
50 PROMULGATE ALL RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE ELEC-
51 TRONIC FILING OF SUCH REPORTS, APPLICATIONS AND PLANS. THE COMMISSIONER
52 SHALL REQUIRE ALL SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL
53 SERVICES TO COMPRESS ALL DISTRICTWIDE PLANNING REQUIREMENTS INTO A
54 SINGLE DISTRICTWIDE COMPREHENSIVE PLAN, WHICH AT A MINIMUM SHALL INCLUDE
A. 8447 28
1 THE COMPONENTS PRESCRIBED BY THE COMMISSIONER, INCLUDING BUT NOT LIMITED
2 TO THE DISTRICTWIDE LONG-RANGE CAPITAL FACILITIES PLAN, AND APPLICABLE
3 CURRENT FEDERAL REQUIREMENTS. IN THE CASE OF THE CITY SCHOOL DISTRICT OF
4 THE CITY OF NEW YORK, A DISTRICTWIDE COMPREHENSIVE PLAN SHALL BE DEVEL-
5 OPED FOR THE CITY SCHOOL DISTRICT, EACH COMMUNITY SCHOOL DISTRICT, AND
6 THE DISTRICTS OR OTHER ADMINISTRATIVE DIVISIONS RESPONSIBLE FOR OPERA-
7 TION OF NEW YORK CITY PUBLIC SCHOOLS. THE COMMISSIONER SHALL ALSO
8 REQUIRE ALL SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL
9 SERVICES TO COMPRESS ALL BUILDING LEVEL PLANNING REQUIREMENTS INTO A
10 SINGLE BUILDING LEVEL COMPREHENSIVE PLAN, WHICH AT A MINIMUM, SHALL
11 INCLUDE THE COMPONENTS PRESCRIBED BY THE COMMISSIONER AND APPLICABLE
12 CURRENT FEDERAL REQUIREMENTS. IT SHALL BE THE DUTY OF THE TRUSTEES OR
13 BOARD OF EDUCATION OF EVERY SCHOOL DISTRICT AND OF THE CHANCELLOR AND
14 EACH COMMUNITY DISTRICT EDUCATIONAL COUNCIL IN THE CITY SCHOOL DISTRICT
15 OF THE CITY OF NEW YORK AND OF EVERY BOARD OF COOPERATIVE EDUCATIONAL
16 SERVICES TO ASSURE THAT ALL COMPONENTS OF THE DISTRICTWIDE COMPREHENSIVE
17 PLAN AND EACH BUILDING LEVEL COMPREHENSIVE PLAN ARE AS FULLY INTEGRATED
18 AND CONSISTENT AS PRACTICABLE, AND THAT SUCH PLANS ARE CONTINUOUSLY
19 REVIEWED, REFLECT ONGOING ANALYSES OF CURRENT TEACHING AND LEARNING DATA
20 AND ARE UPDATED ON AT LEAST AN ANNUAL BASIS. NOTWITHSTANDING ANY OTHER
21 PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, ANY SEPARATE PLAN
22 REQUIREMENTS IMPOSED UNDER THIS CHAPTER OR ANY RULE OR REGULATION SHALL
23 BE DEEMED TO BE FULFILLED BY INCLUSION OF SUCH PLAN IN THE COMPREHENSIVE
24 DISTRICTWIDE OR BUILDING LEVEL PLAN, PROVIDED THAT ALL REQUIRED INFORMA-
25 TION IS INCLUDED IN THE APPLICABLE COMPREHENSIVE PLAN.
26 B. THE COMMISSIONER SHALL REQUIRE THE TRUSTEES OR BOARD OF EDUCATION
27 OF EVERY SCHOOL DISTRICT AND THE CHANCELLOR AND EACH COMMUNITY
28 DISTRICT-EDUCATIONAL COUNCIL IN THE CITY SCHOOL DISTRICT OF THE CITY OF
29 NEW YORK AND EVERY BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO MAKE ITS
30 DISTRICTWIDE COMPREHENSIVE PLAN AND EACH BUILDING LEVEL COMPREHENSIVE
31 PLAN AVAILABLE TO THE PUBLIC, EXCEPT WHERE SUCH PLANS CONTAIN INFORMA-
32 TION THAT IS CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE UNDER STATE OR
33 FEDERAL LAW. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGU-
34 LATION TO THE CONTRARY, ANY SCHOOL DISTRICT OR BOARD OF COOPERATIVE
35 SERVICES THAT MAKES ITS COMPREHENSIVE DISTRICTWIDE AND/OR BUILDING LEVEL
36 PLANS PUBLICLY AVAILABLE ELECTRONICALLY THROUGH POSTING ON ITS WEBSITE
37 SHALL BE DEEMED TO HAVE FILED SUCH PLANS WITH THE DEPARTMENT AS OF THE
38 DATE OF POSTING AND SHALL NOT BE REQUIRED TO SEPARATELY REPORT THE
39 INFORMATION CONTAINED IN SUCH PLANS TO THE DEPARTMENT, PROVIDED THAT
40 SUCH DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES REPORTS SUCH
41 POSTING TO THE DEPARTMENT, WITH THE WEB ADDRESS AT WHICH SUCH PLANS ARE
42 AVAILABLE, IN THE MANNER PRESCRIBED BY THE DEPARTMENT, AND PROVIDED
43 FURTHER THAT NOTHING IN THIS SUBDIVISION SHALL PRECLUDE THE DEPARTMENT
44 FROM REQUIRING AMENDMENT OF A PLAN OR THE SUBMISSION OF ADDITIONAL
45 INFORMATION WHERE IT DETERMINES THAT THE INFORMATION IN THE COMPREHEN-
46 SIVE PLANS IS NOT CURRENT OR COMPLETE OR OTHERWISE SUFFICIENT TO MEET
47 STATUTORY OR REGULATORY REQUIREMENTS.
48 32-A. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRA-
49 RY, THE COMMISSIONER SHALL BE AUTHORIZED AND DIRECTED TO GRANT WAIVERS
50 PURSUANT TO THIS SUBDIVISION FROM ANY ANNUAL REPORTING REQUIREMENTS
51 IMPOSED ON SCHOOL DISTRICTS UNDER THIS CHAPTER, IN WHOLE OR IN PART,
52 PROVIDED SUCH WAIVERS APPLY TO ALL SCHOOL DISTRICTS AND DO NOT CONFLICT
53 WITH FEDERAL REQUIREMENTS. SUCH WAIVERS MAY BE GRANTED UPON FINDINGS BY
54 THE COMMISSIONER THAT:
55 A. THE PURPOSES OF THE REPORT CAN BE SUBSTANTIALLY MET THROUGH
56 SUBMISSION OF A REPORT ON A TWO-YEAR, THREE-YEAR OR FIVE-YEAR BASIS, AS
A. 8447 29
1 SPECIFIED BY THE COMMISSIONER, TAKING INTO ACCOUNT OTHER ANNUAL DATA
2 REPORTING REQUIREMENTS AND INFORMATION MADE PUBLICLY AVAILABLE BY THE
3 SCHOOL DISTRICT ON AN ANNUAL BASIS; AND
4 B. THE REPORT OR PORTION OF THE REPORT BEING WAIVED DOES NOT CONTAIN
5 FISCAL OR OTHER DATA OR INFORMATION NEEDED FOR PURPOSES OF COMPUTING
6 STATE OR FEDERAL AID OR FOR PURPOSES OF SCHOOL OR SCHOOL DISTRICT
7 ACCOUNTABILITY OR FOR AUDIT PURPOSES.
8 S 3. Paragraph c of subdivision 4 of section 1950 of the education
9 law, as amended by chapter 378 of the laws of 2010, is amended to read
10 as follows:
11 c. Make or cause to be made surveys to determine the need for cooper-
12 ative educational services in the supervisory district and present the
13 findings of their surveys to local school authorities. Each board of
14 cooperative educational services shall prepare long range program plans,
15 including special education and career education program plans, to meet
16 the projected need for such cooperative educational services in the
17 supervisory district for the next five years as may be specified by the
18 commissioner, and shall keep on file and make available for public
19 inspection and review by the commissioner such plans and thereafter
20 annual revisions of such plans on or before the first day of December of
21 each year, provided that such plans [may] SHALL be incorporated into a
22 board of cooperative educational services district-wide comprehensive
23 plan. FURTHER, WHERE APPLICABLE, THE COMMISSIONER SHALL REQUIRE THAT
24 ALL SUCH PLANS SHALL BE SUBMITTED ELECTRONICALLY TO THE DEPARTMENT OVER
25 THE INTERNET THROUGH A SECURE WEBPAGE. THIS ELECTRONIC PLAN SHALL TAKE
26 THE PLACE OF FILING PAPER COPIES OF SUCH PLAN EXCEPT IN CIRCUMSTANCES
27 WHERE AN ORIGINAL SIGNATURE IS REQUIRED, THEN ORIGINAL PAPER COPIES MUST
28 BE FILED. THE COMMISSIONER SHALL PROMULGATE ALL RULES AND REGULATIONS
29 NECESSARY TO IMPLEMENT THE ELECTRONIC FILING OF SUCH PLAN.
30 S 4. Paragraph b of subdivision 8 of section 3602 of the education
31 law, as amended by chapter 378 of the laws of 2010, is amended to read
32 as follows:
33 b. District plans of service. Any school district receiving an addi-
34 tional apportionment pursuant to subdivision ten of this section for
35 pupils in career education programs or a payment in lieu of such appor-
36 tionment or having a public excess cost aid setaside pursuant to subdi-
37 vision four of this section shall keep on file and make available for
38 public inspection and review by the commissioner AND INCORPORATE INTO
39 ITS DISTRICTWIDE COMPREHENSIVE PLAN an acceptable plan of service
40 describing the student outcomes expected from implementation of the
41 proposed plan, provided that such plan may be incorporated into a school
42 district's district-wide comprehensive plan. The plan of service of a
43 school district receiving an additional apportionment pursuant to this
44 section for pupils with disabilities shall also describe how such
45 district intends to ensure that all instructional materials to be used
46 in the schools of such district will be made available in a usable
47 alternative format for each student with a disability and for each
48 student who is a qualified individual with a disability, at the same
49 time as such instructional materials are available to non-disabled
50 students, provided that such plan may incorporate by reference the
51 alternative format plans developed pursuant to subdivision twenty-nine-a
52 of section sixteen hundred four, subdivision four-a of section seventeen
53 hundred nine, subdivision seven-a of section twenty-five hundred three
54 or subdivision seven-a of section twenty-five hundred fifty-four of this
55 chapter. Such plans shall be in a form prescribed by the commissioner,
56 and except as heretofore provided, shall have the content prescribed by
A. 8447 30
1 the commissioner. WHERE APPLICABLE, THE COMMISSIONER SHALL REQUIRE THAT
2 ALL SUCH PLANS SHALL BE SUBMITTED ELECTRONICALLY TO THE DEPARTMENT OVER
3 THE INTERNET THROUGH A SECURE WEBPAGE. THIS ELECTRONIC PLAN SHALL TAKE
4 THE PLACE OF FILING PAPER COPIES OF SUCH PLAN EXCEPT IN CIRCUMSTANCES
5 WHERE AN ORIGINAL SIGNATURE IS REQUIRED, THEN ORIGINAL PAPER COPIES MUST
6 BE FILED. THE COMMISSIONER SHALL PROMULGATE ALL RULES AND REGULATIONS
7 NECESSARY TO IMPLEMENT THE ELECTRONIC FILING OF SUCH PLAN. The commis-
8 sioner may, from time to time, require amendments of such plans as
9 deemed to be necessary and appropriate to further the educational
10 welfare of the pupils involved.
11 S 5. Within one year of the effective date of this act, the commis-
12 sioner of education shall issue a report to the governor and the legis-
13 lature detailing the reporting requirements that have been eliminated
14 under this act. Such report shall include specific statutory require-
15 ments, reports, and regulatory requirements that have been eliminated or
16 rendered null and void as a result of the provisions of this act. Where
17 applicable, the commissioner of education shall require that such report
18 shall be submitted electronically to the state education department over
19 the internet through a secure webpage. This electronic report shall take
20 the place of filing paper copies of such report except in circumstances
21 where an original signature is required, then original paper copies must
22 be filed. The commissioner of education shall promulgate all rules and
23 regulations necessary to implement the electronic filing of such report.
24 S 6. This act shall take effect immediately.
25 PART T
26 Section 1. Section 305 of the education law is amended by adding a new
27 subdivision 42 to read as follows:
28 42. THE COMMISSIONER SHALL IMPLEMENT REGULATIONS DIRECTING SCHOOL
29 DISTRICTS TO EVALUATE STUDENTS WHO HAVE INDIVIDUALIZED EDUCATION
30 PROGRAMS AND WHO ALSO REQUIRE ACADEMIC INTERVENTION SERVICES, TO DETER-
31 MINE WHICH SERVICES, IF ANY, ARE BEING REPEATED BY BOTH THE PROGRAM AND
32 THE SERVICES. THE COMMISSIONER SHALL PROVIDE THAT IF A SCHOOL DISTRICT
33 DETERMINES THAT AN INDIVIDUALIZED EDUCATION PROGRAM AND THE ACADEMIC
34 INTERVENTION SERVICES REQUIRE THE SAME TASK OR SERVICE, THE SCHOOL
35 DISTRICT SHALL NOT BE REQUIRED TO IMPLEMENT SUCH TASK OR PROVIDE SUCH
36 SERVICE MORE THAN ONCE TO THE STUDENT.
37 S 2. Subdivision 2 of section 3004-b of the education law, as added by
38 chapter 180 of the laws of 2000, is amended to read as follows:
39 2. Fees. Notwithstanding any [other] provision of law to the contrary,
40 the commissioner is authorized to charge additional fees to applicants
41 for teaching or administrative licenses or certificates in an amount
42 equal to the fees established pursuant to law by the division of crimi-
43 nal justice services and the federal bureau of investigation for the
44 searches mandated by this section. FEES PAYABLE PURSUANT TO THIS SECTION
45 SHALL BE PAID IN ACCORDANCE WITH REGULATIONS AS PROMULGATED BY THE
46 COMMISSIONER, AND PAYMENT OF SUCH FEES SHALL NOT BE SUBJECT TO THE
47 PROVISIONS OF ANY COLLECTIVE BARGAINING AGREEMENT.
48 S 3. Section 3004 of the education law is amended by adding a new
49 subdivision 7 to read as follows:
50 7. PROFESSIONAL DEVELOPMENT PLANS REQUIRED TO BE ADOPTED BY SCHOOL
51 DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, AND IN THE
52 CITY OF NEW YORK EACH COMMUNITY SCHOOL DISTRICT, HIGH SCHOOL DIVISION,
53 SPECIAL EDUCATION DIVISION AND THE CHANCELLOR'S DISTRICT, SHALL BE
54 ADOPTED EVERY THREE YEARS AND SHALL BE REVIEWED ANNUALLY AND AMENDED AS
A. 8447 31
1 NEEDED. THE COMMISSIONER SHALL REQUIRE CERTIFICATION, EVERY THREE YEARS,
2 IN A FORM AS PRESCRIBED BY THE COMMISSIONER, THAT:
3 A. A PROFESSIONAL DEVELOPMENT PLAN IS IN PLACE FOR THE SUCCEEDING
4 SCHOOL YEAR; AND
5 B. THE REQUIREMENTS OF THE PROFESSIONAL DEVELOPMENT PLAN APPLICABLE TO
6 THE CURRENT SCHOOL YEAR HAVE BEEN COMPLIED WITH.
7 S 4. Subdivision 6 of section 3033 of the education law, as amended by
8 chapter 886 of the laws of 1986, is amended to read as follows:
9 6. Each board of education and board of cooperative educational
10 services which participates in the program shall file a report with the
11 commissioner on or before August first [of each] EVERY THIRD school year
12 concerning compliance with the requirements of the program during EACH
13 OF the preceding THREE school [year] YEARS. Such report shall be in
14 such form and in such manner as the commissioner may require. [The
15 commissioner shall evaluate such programs and file a report with the
16 legislature on or before December first, nineteen hundred eighty-seven.]
17 S 5. Subdivision 1 of section 409-d of the education law, as added by
18 section 1 of part B of chapter 56 of the laws of 1998, is amended to
19 read as follows:
20 1. Program establishment. The commissioner is authorized and directed
21 to establish, develop and monitor a comprehensive public school building
22 safety program which shall include a uniform inspection, safety rating
23 and monitoring system. Such program shall require ONCE EVERY THREE YEARS
24 the [annual] inspection of all public school buildings throughout New
25 York state; establish a safety rating system for such school buildings
26 to assess the need for maintenance, repairs, rehabilitation, recon-
27 struction, construction and other improvements related to the structural
28 integrity and overall safety of public school buildings including but
29 not limited to building systems related to electrical, plumbing, heat-
30 ing, ventilation, and air conditioning, sanitation and health, fire and
31 accident protection; and require that such ratings be used for the
32 purpose of developing a buildings condition survey as required pursuant
33 to subdivision four of section thirty-six hundred forty-one of this
34 chapter and a five year facilities plan as required pursuant to clause
35 (i) of subparagraph two of paragraph b of subdivision six of section
36 thirty-six hundred two of this chapter.
37 S 6. Subdivision 3 of section 409-e of the education law, as added by
38 section 1 of part B of chapter 56 of the laws of 1998, is amended to
39 read as follows:
40 3. Safety rating system. The commissioner shall develop pursuant to
41 regulations a safety rating system to be used by all school districts
42 and boards of cooperative educational services keyed to the structural
43 integrity and overall safety of the building and shall be developed
44 using data obtained from the building's [annual] inspection as required
45 by this article. Such safety rating system shall identify and assess the
46 condition of every major system component of every school building
47 including interior structures; building systems such as heating, venti-
48 lation, plumbing and electrical systems; exterior structures including
49 but not limited to roofs, masonry, stairs, and chimneys; and develop a
50 system which rates each building component based on at least the follow-
51 ing factors: overall safety; structural integrity; probable useful life;
52 need for repair or replacement; and maintenance. Such safety rating
53 shall include mechanisms which facilitate more frequent inspections and
54 repairs as determined necessary to protect the welfare and safety of
55 students and staff residing in such school buildings. This information
56 shall be used for purposes of developing a buildings condition survey as
A. 8447 32
1 required pursuant to section thirty-six hundred forty-one of this chap-
2 ter [and a five year facilities plan as required pursuant to clause (i)
3 of subparagraph two of paragraph (b) of subdivision six of section thir-
4 ty-six hundred two of this chapter].
5 S 7. Paragraph b of subdivision 4 of section 3641 of the education
6 law, as amended by section 27 of part A1 of chapter 58 of the laws of
7 2006, is amended to read as follows:
8 b. Building condition surveys. To be eligible for aid pursuant to
9 subdivision six-e of section thirty-six hundred two of this article,
10 building condition surveys shall be conducted by a licensed architect or
11 licensed professional engineer performing under a state contract entered
12 into pursuant to paragraph c of this subdivision AND PAID FOR BY THE
13 DEPARTMENT, shall assess the condition of all major building systems of
14 a school building, and shall be in the form and contain the information
15 prescribed by the commissioner. SUCH BUILDING CONDITION SURVEYS SHALL BE
16 CONDUCTED ONCE EVERY SIX YEARS. For purposes of this paragraph, "major
17 building systems" shall mean the electrical, plumbing, heating, venti-
18 lation and air conditioning systems, and the roof and other major struc-
19 tural elements of a school building.
20 S 8. This act shall take effect immediately provided, however, that
21 sections five, six and seven of this act shall take effect on the first
22 of July next succeeding the date on which it shall have become a law.
23 S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
24 sion, section or part of this act shall be adjudged by any court of
25 competent jurisdiction to be invalid, such judgment shall not affect,
26 impair, or invalidate the remainder thereof, but shall be confined in
27 its operation to the clause, sentence, paragraph, subdivision, section
28 or part thereof directly involved in the controversy in which such judg-
29 ment shall have been rendered. It is hereby declared to be the intent of
30 the legislature that this act would have been enacted even if such
31 invalid provisions had not been included herein.
32 S 4. This act shall take effect immediately provided, however, that
33 the applicable effective date of Parts A through T of this act shall be
34 as specifically set forth in the last section of such Parts.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would enact the New York State Taxpayer Protection and
Mandate Relief Act. Part D of this bill would add Article 23 to the
Retirement and Social Security Law which would create a defined contrib-
ution plan for members joining a New York state or New York city retire-
ment system on or after April 1, 2012. Participating employers of the
New York State Teachers' Retirement System would be required to contrib-
ute 8% of an employee's annual salary to the employee's account in this
new defined contribution plan. Members would not be required to contrib-
ute, but would be permitted to contribute up to 100% of their annual
salary to their account provided such contributions do not exceed the
contribution limitations established annually according to Section
415(d) of the Internal Revenue Code. The Retirement Board of the New
York State Teachers' Retirement System shall adopt rules and regulations
regarding the standards and requirements of the defined contribution
plan including selection of financial organizations for investment
purposes. Retirement, death or other benefits under the defined
contribution plan shall be paid to members or their beneficiaries by the
designated financial organization in accordance with the terms of their
written agreement. Under no circumstances will members joining a New
York state or New York city retirement system on or after April 1, 2012
be eligible for participation in a defined benefit retirement plan.
A. 8447 33
The annual cost to the employers of members of the New York State
Teachers' Retirement System who become members on or after April 1, 2012
and are therefore in the defined contribution plan would be 8% of salary
each year. The current defined benefit plan would be closed off to new
entrants. Its liabilities must still be met however. The System's
outstanding liability is funded over the average future remaining work-
ing lifetime of its members. If the plan is closed to new entrants, this
funding period would decrease, resulting in potentially significantly
increasing costs to employers. Additionally, as the defined benefit plan
wound down over time, a greater proportion of the defined benefit plan
assets would be needed for immediate benefit payroll, thereby reducing
and soon eliminating the System's ability to invest in more illiquid,
long-term investments which typically yield higher returns. This would
reduce the System's ability to generate investment returns and therefore
increase employer costs. It is recommended that a full actuarial analy-
sis and report be completed to fully and more quantitatively gauge all
the implications before a change of this magnitude is undertaken.
The source of this estimate is Fiscal Note 2011-59 dated June 13, 2011
prepared by the Actuary of the New York State Teachers' Retirement
System and is intended for use only during the 2011 Legislative Session.
