Bill Text: NY S04205 | 2015-2016 | General Assembly | Introduced
Bill Title: Enacts into law major components of legislation necessary to implement the state fiscal plan relating to the operation of state government and public protection; extends various provisions of law; relates to transferring certain employees of the division of state police to the office of general services; eliminates certain arbitration and license fees; provides for the rates of compensation for management/confidential employees, superintendents of correctional facilities, and certain state officers and employees; relates to auditing enrollee information in the New York State health insurance plan; requires pension system reporting; amends chapter 674 of the laws of 1993, amending the public buildings law relating to value limitations on contracts, in relation to extending the effectiveness thereof; amends the public buildings law, in relation to increasing the value n financing; amends limitation to one million dollars on emergency contracts; amends the public buildings law, in relation to increasing the threshold of small capital projects delegated by OGS to one hundred fifty thousand dollars; enacts "The Domestic Violence Protection Act - Brittany's Law" requiring registration of violent felony offenders; sets forth duties of the division of criminal justice services; establishes a special telephone number; requires the division to maintain a subdirectory of violent predators; creates the presumption of intent to sell: possession of fifty or more individual packages containing heroin is presumptive evidence that such person possessed such controlled substance with intent to sell; relates to forfeiture allocations of property; provides up to three years of service credit to members of public retirement systems of the state for military service rendered during times of peace; removes requirement that such military service occur during specified periods of hostilities; requires such members have at least five years of credited service, not including military service; appropriates $31,500,000 therefor; requires a comprehensive review of all cyber security services to be performed every five years; requires the formation of a cyber security advisory board and the implementation of a cyber security initiative; requires the commissioner of corrections and community supervision to permanently terminate the conjugal visit program, commonly known as the family reunion program; further directs such commissioner to prohibit the establishment of any program designed to provide selected inmates and their families the opportunity to privately meet for an extended period of time; relates to certain municipalities receiving state aid; relates to the tribal-state compact revenue account and the Salamanca City Central School District; relates to university police officers appointed by the state university of New York; requires the office of indigent legal services to develop a plan to ensure adequate representation of eligible defendants; relates to annual reports for regional specialist programs; relates to the disability benefits of members of the New York police and fire pension funds; relates to qualifications for holding office; and relates to establishing family care benefits.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2015-03-10 - REFERRED TO FINANCE [S04205 Detail]
Download: New_York-2015-S04205-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4205 2015-2016 Regular Sessions I N S E N A T E March 9, 2015 ___________ Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT intentionally omitted (Part A); to amend chapter 887 of the laws of 1983, amending the correction law relating to the psychological testing of candidates, in relation to the effectiveness thereof; to amend chapter 428 of the laws of 1999, amending the executive law and the criminal procedure law relating to expanding the geographic area of employment of certain police officers, in relation to extending the expiration of such chapter; to amend chapter 886 of the laws of 1972, amending the correction law and the penal law relating to prisoner furloughs in certain cases and the crime of absconding therefrom, in relation to the effectiveness thereof; to amend chapter 261 of the laws of 1987, amending chapters 50, 53 and 54 of the laws of 1987, the correction law, the penal law and other chapters and laws relating to correctional facilities, in relation to the effectiveness thereof; to amend chapter 339 of the laws of 1972, amending the correction law and the penal law relating to inmate work release, furlough and leave, in relation to the effectiveness thereof; to amend chapter 60 of the laws of 1994 relating to certain provisions which impact upon expenditure of certain appropriations made by chapter 50 of the laws of 1994 enacting the state operations budget, in relation to the effectiveness thereof; to amend chapter 3 of the laws of 1995, amending the correction law and other laws relating to the incarceration fee, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 62 of the laws of 2011, amending the correction law and the executive law, relating to merging the depart- ment of correctional services and division of parole into the depart- ment of corrections and community supervision, in relation to the effectiveness thereof; to amend chapter 55 of the laws of 1992, amend- ing the tax law and other laws relating to taxes, surcharges, fees and funding, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 907 of the laws of 1984, amending the correction law, the New York city criminal court act and the exec- utive law relating to prison and jail housing and alternatives to EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD20014-01-5 S. 4205 2 detention and incarceration programs, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 166 of the laws of 1991, amending the tax law and other laws relating to taxes, in relation to extending the expiration of certain provisions of such chapter; to amend the vehicle and traffic law, in relation to extending the expiration of the mandatory surcharge and victim assist- ance fee; to amend chapter 713 of the laws of 1988, amending the vehi- cle and traffic law relating to the ignition interlock device program, in relation to extending the expiration thereof; to amend chapter 435 of the laws of 1997, amending the military law and other laws relating to various provisions, in relation to extending the expiration date of the merit provisions of the correction law and the penal law of such chapter; to amend chapter 412 of the laws of 1999, amending the civil practice law and rules and the court of claims act relating to prison- er litigation reform, in relation to extending the expiration of the inmate filing fee provisions of the civil practice law and rules and general filing fee provision and inmate property claims exhaustion requirement of the court of claims act of such chapter; to amend chap- ter 222 of the laws of 1994 constituting the family protection and domestic violence intervention act of 1994, in relation to extending the expiration of certain provisions of the criminal procedure law requiring the arrest of certain persons engaged in family violence; to amend chapter 505 of the laws of 1985, amending the criminal procedure law relating to the use of closed-circuit television and other protec- tive measures for certain child witnesses, in relation to extending the expiration of the provisions thereof; to amend chapter 3 of the laws of 1995, enacting the sentencing reform act of 1995, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 689 of the laws of 1993 amending the criminal procedure law relating to electronic court appearance in certain counties, in relation to extending the expiration thereof; to amend chapter 688 of the laws of 2003, amending the executive law relating to enacting the interstate compact for adult offender supervision, in relation to the effectiveness thereof; to amend part H of chapter 56 of the laws of 2009, amending the correction law relating to limiting the closing of certain correctional facilities, providing for the custody by the department of correctional services of inmates serving definite sentences, providing for custody of federal prisoners and requiring the closing of certain correctional facilities, in relation to the effectiveness of such chapter; to amend part C of chapter 152 of the laws of 2001, amending the military law relating to military funds of the organized militia, in relation to the effectiveness thereof; to amend chapter 554 of the laws of 1986 amending the correction law and the penal law relating to providing for community treatment facilities and establishing the crime of absconding from the community treatment facility, in relation to the effectiveness thereof; and to amend chap- ter 503 of the laws of 2009, relating to the disposition of monies recovered by county district attorneys before the filing of an accusa- tory instrument, in relation to the effectiveness thereof (Part B); relating to transferring certain employees of the division of state police to the office of general services (Part C); to amend the work- ers' compensation law, in relation to eliminating certain arbitration and license fees; and to repeal paragraph (c) of subdivision 1 and subparagraph (iii) of paragraph (b) of subdivision 3 of section 13-c of the workers' compensation law relating to payment of license fees (Part D); intentionally omitted (Part E); intentionally omitted (Part S. 4205 3 F); intentionally omitted (Part G); to amend the civil service law, in relation to the salary grades for positions in the competitive, non- competitive and labor classes designated managerial or confidential; to amend the correction law, in relation to the salary schedule for superintendents of correctional facilities; and to provide for the compensation of certain state officers and employees (Part H); inten- tionally omitted (Part I); to amend the civil service law, in relation to auditing enrollee information in the New York State Health Insur- ance Program (Part J); to amend the retirement and social security law, in relation to requiring pension system reporting (Part K); intentionally omitted (Part L); to amend chapter 674 of the laws of 1993, amending the public buildings law relating to value limitations on contracts, in relation to extending the effectiveness thereof; and to amend the public buildings law, in relation to increasing the value of financing; amends limitation to one million dollars on emergency contracts (Part M); to amend the public buildings law, in relation to increasing the threshold of small capital projects delegated by the office of general services to one hundred fifty thousand dollars (Part N); intentionally omitted (Part O); to provide for the administration of certain funds and accounts related to the 2014-15 budget, authoriz- ing certain payments and transfers; to amend the state finance law, in relation to school tax relief fund; to amend the state finance law, in relation to payments, transfers and deposits; to amend the state finance law, in relation to the issuance of bonds and notes; to amend the New York state urban development corporation act, in relation to funding project costs for certain capital projects; to amend chapter 389 of the laws of 1997, relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issuance of bonds; to amend the private housing finance law, in relation to housing program bonds and notes; to amend chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, in relation to the issuance of bonds; to amend the public authorities law, in relation to the dormitory authority; to amend chapter 61 of the laws of 2005, providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to issuance of bonds by the urban development corporation; to amend the New York state urban development corporation act, in relation to funding project costs for the Binghamton university school of pharmacy, New York power electronic manufacturing consortium and the nonprofit infrastructure capital investment program; to amend the public authorities law, in relation to the state environmental infras- tructure projects; to amend the New York state urban development corporation act, in relation to authorizing the urban development corporation to issue bonds to fund project costs for the implementa- tion of a NY-CUNY challenge grant program; to amend chapter 81 of the laws of 2002, providing for the administration of certain funds and accounts related to the 2002-2003 budget, in relation to increasing the aggregate amount of bonds to be issued by the New York state urban development corporation; to amend the public authorities law, in relation to dormitories at certain educational institutions other than state operated institutions and statutory or contract colleges under the jurisdiction of the state university of New York; to amend the public authorities law, in relation to authorization for the issuance of bonds for the capital restructuring bond finance program and the health care facility transformation program; to amend chapter 389 of S. 4205 4 the laws of 1997, relating to the financing of the correctional facil- ities improvement fund and the youth facility improvement fund, in relation to the issuance of bonds; to amend the New York state medical care facilities finance agency act, in relation to bonds and mental health facilities improvement notes; to amend chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, in relation to the aggregate amount of and issuance of certain bonds; and to amend chapter 63 of the laws of 2005, relating to the composition and responsibilities of the New York state higher educa- tion capital matching grant board, in relation to increasing the amount of authorized matching capital grants; to amend the smart schools bond act of 2014, in relation to the issuance of bonds; and providing for the repeal of certain provisions upon expiration thereof (Part P); to amend the penal law and the correction law, in relation to enacting the "Domestic Violence Protection Act - Brittany's Law" (Part Q); to amend the penal law, in relation to creating a presump- tion of intent to sell (Part R); to amend the civil practice law and rules, in relation to forfeiture allocations (Part S); to amend the retirement and social security law, in relation to providing credit to members of public retirement systems of the state for military service; and making an appropriation therefor (Part T); to amend the executive law, in relation to a cyber security report (Part U); to amend the executive law, in relation to a cyber security initiative (Part V); to amend the executive law, in relation to monthly claim reports for certain disaster assistance (Part W); to amend the correction law, in relation to the commissioner of the department of corrections and community supervison's power to permanently terminate the conjugal visit program, referred to as the family reunion program (Part X); to amend the state finance law, in relation to certain muni- cipalities receiving state aid (Part Y); to amend the state finance law, in relation to the tribal-state compact revenue account and the Salamanca City Central School District (Part Z); to amend the retire- ment and social security law and the civil service law, in relation to university police officers appointed by the state university of New York (Part AA); to amend the executive law, in relation to the requir- ing the office of indigent legal services to develop a plan to ensure adequate representation of eligible defendants (Part BB); to amend the county law, in relation to annual reports for regional specialist programs (Part CC); to amend the public officers law, the legislative law, the state finance law, the election law and the retirement and social security law, in relation to qualifications for holding office (Part DD); to amend the administrative code of the city of New York, the retirement and social security law, and the general municipal law, in relation to the disability benefits of members of the New York city police and fire pension funds; and to amend the retirement and social security law, in relation to performance of duty disability retirement for ambulance medical technician supervisors, ambulance medical tech- nician coordinators, ambulance medical technicians, chief fire marshals, assistant chief fire marshals, division supervising fire marshals, fire marshals and fire marshal trainees in Nassau county (Part EE); to amend the civil service law, in relation to authorizing the president of the state civil service commission to purchase contracts relating to health benefits (Part FF); and to amend the workers' compensation law and the insurance law, in relation to estab- lishing family care benefits (Part GG) S. 4205 5 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. This act enacts into law major components of legislation 2 which are necessary to implement the state fiscal plan for the 2015-2016 3 state fiscal year. Each component is wholly contained within a Part 4 identified as Parts A through GG. The effective date for each particular 5 provision contained within such Part is set forth in the last section of 6 such Part. Any provision in any section contained within a Part, includ- 7 ing the effective date of the Part, which makes a reference to a section 8 "of this act", when used in connection with that particular component, 9 shall be deemed to mean and refer to the corresponding section of the 10 Part in which it is found. Section three of this act sets forth the 11 general effective date of this act. 12 PART A 13 Intentionally Omitted 14 PART B 15 Section 1. Section 2 of chapter 887 of the laws of 1983, amending the 16 correction law relating to the psychological testing of candidates, as 17 amended by section 1 of part E of chapter 55 of the laws of 2013, is 18 amended to read as follows: 19 S 2. This act shall take effect on the one hundred eightieth day after 20 it shall have become a law and shall remain in effect until September 1, 21 [2015] 2017. 22 S 2. Section 3 of chapter 428 of the laws of 1999, amending the execu- 23 tive law and the criminal procedure law relating to expanding the 24 geographic area of employment of certain police officers, as amended by 25 section 2 of part E of chapter 55 of the laws of 2013, is amended to 26 read as follows: 27 S 3. This act shall take effect on the first day of November next 28 succeeding the date on which it shall have become a law, and shall 29 remain in effect until the first day of September, [2015] 2017, when it 30 shall expire and be deemed repealed. 31 S 3. Section 3 of chapter 886 of the laws of 1972, amending the 32 correction law and the penal law relating to prisoner furloughs in 33 certain cases and the crime of absconding therefrom, as amended by 34 section 3 of part E of chapter 55 of the laws of 2013, is amended to 35 read as follows: 36 S 3. This act shall take effect 60 days after it shall have become a 37 law and shall remain in effect until September 1, [2015] 2017. 38 S 4. Section 20 of chapter 261 of the laws of 1987, amending chapters 39 50, 53 and 54 of the laws of 1987, the correction law, the penal law and 40 other chapters and laws relating to correctional facilities, as amended 41 by section 4 of part E of chapter 55 of the laws of 2013, is amended to 42 read as follows: 43 S 20. This act shall take effect immediately except that section thir- 44 teen of this act shall expire and be of no further force or effect on 45 and after September 1, [2015] 2017 and shall not apply to persons 46 committed to the custody of the department after such date, and provided 47 further that the commissioner of [correctional services] CORRECTIONS AND 48 COMMUNITY SUPERVISION shall report each January first and July first S. 4205 6 1 during such time as the earned eligibility program is in effect, to the 2 chairmen of the senate crime victims, crime and correction committee, 3 the senate codes committee, the assembly correction committee, and the 4 assembly codes committee, the standards in effect for earned eligibility 5 during the prior six-month period, the number of inmates subject to the 6 provisions of earned eligibility, the number who actually received 7 certificates of earned eligibility during that period of time, the 8 number of inmates with certificates who are granted parole upon their 9 first consideration for parole, the number with certificates who are 10 denied parole upon their first consideration, and the number of individ- 11 uals granted and denied parole who did not have earned eligibility 12 certificates. 13 S 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992, 14 amending the tax law and other laws relating to taxes, surcharges, fees 15 and funding, as amended by section 5 of part E of chapter 55 of the laws 16 of 2013, is amended to read as follows: 17 (q) the provisions of section two hundred eighty-four of this act 18 shall remain in effect until September 1, [2015] 2017 and be applicable 19 to all persons entering the program on or before August 31, [2015] 2017. 20 S 6. Section 10 of chapter 339 of the laws of 1972, amending the 21 correction law and the penal law relating to inmate work release, 22 furlough and leave, as amended by section 6 of part E of chapter 55 of 23 the laws of 2013, is amended to read as follows: 24 S 10. This act shall take effect 30 days after it shall have become a 25 law and shall remain in effect until September 1, [2015] 2017, and 26 provided further that the commissioner of correctional services shall 27 report each January first, and July first, to the chairman of the senate 28 crime victims, crime and correction committee, the senate codes commit- 29 tee, the assembly correction committee, and the assembly codes commit- 30 tee, the number of eligible inmates in each facility under the custody 31 and control of the commissioner who have applied for participation in 32 any program offered under the provisions of work release, furlough, or 33 leave, and the number of such inmates who have been approved for partic- 34 ipation. 35 S 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994 36 relating to certain provisions which impact upon expenditure of certain 37 appropriations made by chapter 50 of the laws of 1994 enacting the state 38 operations budget, as amended by section 7 of part E of chapter 55 of 39 the laws of 2013, is amended to read as follows: 40 (c) sections forty-one and forty-two of this act shall expire Septem- 41 ber 1, [2015] 2017; provided, that the provisions of section forty-two 42 of this act shall apply to inmates entering the work release program on 43 or after such effective date; and 44 S 8. Subdivision h of section 74 of chapter 3 of the laws of 1995, 45 amending the correction law and other laws relating to the incarceration 46 fee, as amended by section 8 of part E of chapter 55 of the laws of 47 2013, is amended to read as follows: 48 h. Section fifty-two of this act shall be deemed to have been in full 49 force and effect on and after April 1, 1995; provided, however, that the 50 provisions of section 189 of the correction law, as amended by section 51 fifty-five of this act, subdivision 5 of section 60.35 of the penal law, 52 as amended by section fifty-six of this act, and section fifty-seven of 53 this act shall expire September 1, [2015] 2017, when upon such date the 54 amendments to the correction law and penal law made by sections fifty- 55 five and fifty-six of this act shall revert to and be read as if the 56 provisions of this act had not been enacted; provided, however, that S. 4205 7 1 sections sixty-two, sixty-three and sixty-four of this act shall be 2 deemed to have been in full force and effect on and after March 1, 1995 3 and shall be deemed repealed April 1, 1996 and upon such date the 4 provisions of subsection (e) of section 9110 of the insurance law and 5 subdivision 2 of section 89-d of the state finance law shall revert to 6 and be read as set out in law on the date immediately preceding the 7 effective date of sections sixty-two and sixty-three of this act; 8 S 9. Subdivision (c) of section 49 of subpart A of part C of chapter 9 62 of the laws of 2011 amending the correction law and the executive 10 law, relating to merging the department of correctional services and 11 division of parole into the department of corrections and community 12 supervision, as amended by section 9 of part E of chapter 55 of the laws 13 of 2013, is amended to read as follows: 14 (c) that the amendments to subdivision 9 of section 201 of the 15 correction law as added by section thirty-two of this act shall remain 16 in effect until September 1, [2015] 2017, when it shall expire and be 17 deemed repealed; 18 S 10. Subdivision (aa) of section 427 of chapter 55 of the laws of 19 1992, amending the tax law and other laws relating to taxes, surcharges, 20 fees and funding, as amended by section 10 of part E of chapter 55 of 21 the laws of 2013, is amended to read as follows: 22 (aa) the provisions of sections three hundred eighty-two, three 23 hundred eighty-three and three hundred eighty-four of this act shall 24 expire on September 1, [2015] 2017; 25 S 11. Section 12 of chapter 907 of the laws of 1984, amending the 26 correction law, the New York city criminal court act and the executive 27 law relating to prison and jail housing and alternatives to detention 28 and incarceration programs, as amended by section 11 of part E of chap- 29 ter 55 of the laws of 2013, is amended to read as follows: 30 S 12. This act shall take effect immediately, except that the 31 provisions of sections one through ten of this act shall remain in full 32 force and effect until September 1, [2015] 2017 on which date those 33 provisions shall be deemed to be repealed. 34 S 12. Subdivision (p) of section 406 of chapter 166 of the laws of 35 1991, amending the tax law and other laws relating to taxes, as amended 36 by section 12 of part E of chapter 55 of the laws of 2013, is amended to 37 read as follows: 38 (p) The amendments to section 1809 of the vehicle and traffic law made 39 by sections three hundred thirty-seven and three hundred thirty-eight of 40 this act shall not apply to any offense committed prior to such effec- 41 tive date; provided, further, that section three hundred forty-one of 42 this act shall take effect immediately and shall expire November 1, 1993 43 at which time it shall be deemed repealed; sections three hundred 44 forty-five and three hundred forty-six of this act shall take effect 45 July 1, 1991; sections three hundred fifty-five, three hundred fifty- 46 six, three hundred fifty-seven and three hundred fifty-nine of this act 47 shall take effect immediately and shall expire June 30, 1995 and shall 48 revert to and be read as if this act had not been enacted; section three 49 hundred fifty-eight of this act shall take effect immediately and shall 50 expire June 30, 1998 and shall revert to and be read as if this act had 51 not been enacted; section three hundred sixty-four through three hundred 52 sixty-seven of this act shall apply to claims filed on or after such 53 effective date; sections three hundred sixty-nine, three hundred seven- 54 ty-two, three hundred seventy-three, three hundred seventy-four, three 55 hundred seventy-five and three hundred seventy-six of this act shall 56 remain in effect until September 1, [2015] 2017, at which time they S. 4205 8 1 shall be deemed repealed; provided, however, that the mandatory 2 surcharge provided in section three hundred seventy-four of this act 3 shall apply to parking violations occurring on or after said effective 4 date; and provided further that the amendments made to section 235 of 5 the vehicle and traffic law by section three hundred seventy-two of this 6 act, the amendments made to section 1809 of the vehicle and traffic law 7 by sections three hundred thirty-seven and three hundred thirty-eight of 8 this act and the amendments made to section 215-a of the labor law by 9 section three hundred seventy-five of this act shall expire on September 10 1, [2015] 2017 and upon such date the provisions of such subdivisions 11 and sections shall revert to and be read as if the provisions of this 12 act had not been enacted; the amendments to subdivisions 2 and 3 of 13 section 400.05 of the penal law made by sections three hundred seventy- 14 seven and three hundred seventy-eight of this act shall expire on July 15 1, 1992 and upon such date the provisions of such subdivisions shall 16 revert and shall be read as if the provisions of this act had not been 17 enacted; the state board of law examiners shall take such action as is 18 necessary to assure that all applicants for examination for admission to 19 practice as an attorney and counsellor at law shall pay the increased 20 examination fee provided for by the amendment made to section 465 of the 21 judiciary law by section three hundred eighty of this act for any exam- 22 ination given on or after the effective date of this act notwithstanding 23 that an applicant for such examination may have prepaid a lesser fee for 24 such examination as required by the provisions of such section 465 as of 25 the date prior to the effective date of this act; the provisions of 26 section 306-a of the civil practice law and rules as added by section 27 three hundred eighty-one of this act shall apply to all actions pending 28 on or commenced on or after September 1, 1991, provided, however, that 29 for the purposes of this section service of such summons made prior to 30 such date shall be deemed to have been completed on September 1, 1991; 31 the provisions of section three hundred eighty-three of this act shall 32 apply to all money deposited in connection with a cash bail or a 33 partially secured bail bond on or after such effective date; and the 34 provisions of sections three hundred eighty-four and three hundred 35 eighty-five of this act shall apply only to jury service commenced 36 during a judicial term beginning on or after the effective date of this 37 act; provided, however, that nothing contained herein shall be deemed to 38 affect the application, qualification, expiration or repeal of any 39 provision of law amended by any section of this act and such provisions 40 shall be applied or qualified or shall expire or be deemed repealed in 41 the same manner, to the same extent and on the same date as the case may 42 be as otherwise provided by law; 43 S 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as 44 amended by section 13 of part E of chapter 55 of the laws of 2013, is 45 amended to read as follows: 46 8. The provisions of this section shall only apply to offenses commit- 47 ted on or before September first, two thousand [fifteen] SEVENTEEN. 48 S 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi- 49 cle and traffic law relating to the ignition interlock device program, 50 as amended by section 14 of part E of chapter 55 of the laws of 2013, is 51 amended to read as follows: 52 S 6. This act shall take effect on the first day of April next 53 succeeding the date on which it shall have become a law; provided, 54 however, that effective immediately, the addition, amendment or repeal 55 of any rule or regulation necessary for the implementation of the fore- 56 going sections of this act on their effective date is authorized and S. 4205 9 1 directed to be made and completed on or before such effective date and 2 shall remain in full force and effect until the first day of September, 3 [2015] 2017 when upon such date the provisions of this act shall be 4 deemed repealed. 5 S 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the 6 laws of 1997, amending the military law and other laws relating to vari- 7 ous provisions, as amended by section 15 of part E of chapter 55 of the 8 laws of 2013, is amended to read as follows: 9 a. sections forty-three through forty-five of this act shall expire 10 and be deemed repealed on September 1, [2015] 2017; 11 S 16. Section 4 of part D of chapter 412 of the laws of 1999, amending 12 the civil practice law and rules and the court of claims act relating to 13 prisoner litigation reform, as amended by section 16 of part E of chap- 14 ter 55 of the laws of 2013, is amended to read as follows: 15 S 4. This act shall take effect 120 days after it shall have become a 16 law and shall remain in full force and effect until September 1, [2015] 17 2017, when upon such date it shall expire. 18 S 17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994, 19 constituting the family protection and domestic violence intervention 20 act of 1994, as amended by section 17 of part E of chapter 55 of the 21 laws of 2013, is amended to read as follows: 22 2. Subdivision 4 of section 140.10 of the criminal procedure law as 23 added by section thirty-two of this act shall take effect January 1, 24 1996 and shall expire and be deemed repealed on September 1, [2015] 25 2017. 26 S 18. Section 5 of chapter 505 of the laws of 1985, amending the crim- 27 inal procedure law relating to the use of closed-circuit television and 28 other protective measures for certain child witnesses, as amended by 29 section 18 of part E of chapter 55 of the laws of 2013, is amended to 30 read as follows: 31 S 5. This act shall take effect immediately and shall apply to all 32 criminal actions and proceedings commenced prior to the effective date 33 of this act but still pending on such date as well as all criminal 34 actions and proceedings commenced on or after such effective date and 35 its provisions shall expire on September 1, [2015] 2017, when upon such 36 date the provisions of this act shall be deemed repealed. 37 S 19. Subdivision d of section 74 of chapter 3 of the laws of 1995, 38 enacting the sentencing reform act of 1995, as amended by section 19 of 39 part E of chapter 55 of the laws of 2013, is amended to read as follows: 40 d. Sections one-a through twenty, twenty-four through twenty-eight, 41 thirty through thirty-nine, forty-two and forty-four of this act shall 42 be deemed repealed on September 1, [2015] 2017; 43 S 20. Section 2 of chapter 689 of the laws of 1993 amending the crimi- 44 nal procedure law relating to electronic court appearance in certain 45 counties, as amended by section 20 of part E of chapter 55 of the laws 46 of 2013, is amended to read as follows: 47 S 2. This act shall take effect immediately, except that the 48 provisions of this act shall be deemed to have been in full force and 49 effect since July 1, 1992 and the provisions of this act shall expire 50 September 1, [2015] 2017 when upon such date the provisions of this act 51 shall be deemed repealed. 52 S 21. Section 3 of chapter 688 of the laws of 2003, amending the exec- 53 utive law relating to enacting the interstate compact for adult offender 54 supervision, as amended by section 21 of part E of chapter 55 of the 55 laws of 2013, is amended to read as follows: S. 4205 10 1 S 3. This act shall take effect immediately, except that section one 2 of this act shall take effect on the first of January next succeeding 3 the date on which it shall have become a law, and shall remain in effect 4 until the first of September, [2015] 2017, upon which date this act 5 shall be deemed repealed and have no further force and effect; provided 6 that section one of this act shall only take effect with respect to any 7 compacting state which has enacted an interstate compact entitled 8 "Interstate compact for adult offender supervision" and having an iden- 9 tical effect to that added by section one of this act and provided 10 further that with respect to any such compacting state, upon the effec- 11 tive date of section one of this act, section 259-m of the executive law 12 is hereby deemed REPEALED and section 259-mm of the executive law, as 13 added by section one of this act, shall take effect; and provided 14 further that with respect to any state which has not enacted an inter- 15 state compact entitled "Interstate compact for adult offender super- 16 vision" and having an identical effect to that added by section one of 17 this act, section 259-m of the executive law shall take effect and the 18 provisions of section one of this act, with respect to any such state, 19 shall have no force or effect until such time as such state shall adopt 20 an interstate compact entitled "Interstate compact for adult offender 21 supervision" and having an identical effect to that added by section one 22 of this act in which case, with respect to such state, effective imme- 23 diately, section 259-m of the executive law is deemed repealed and 24 section 259-mm of the executive law, as added by section one of this 25 act, shall take effect. 26 S 22. Section 8 of part H of chapter 56 of the laws of 2009, amending 27 the correction law relating to limiting the closing of certain correc- 28 tional facilities, providing for the custody by the department of 29 correctional services of inmates serving definite sentences, providing 30 for custody of federal prisoners and requiring the closing of certain 31 correctional facilities, as amended by section 22 of part E of chapter 32 55 of the laws of 2013, is amended to read as follows: 33 S 8. This act shall take effect immediately; provided, however that 34 sections five and six of this act shall expire and be deemed repealed 35 September 1, [2015] 2017. 36 S 23. Section 3 of part C of chapter 152 of the laws of 2001 amending 37 the military law relating to military funds of the organized militia, as 38 amended by section 23 of part E of chapter 55 of the laws of 2013, is 39 amended to read as follows: 40 S 3. This act shall take effect on the same date as the reversion of 41 subdivision 5 of section 183 and subdivision 1 of section 221 of the 42 military law as provided by section 76 of chapter 435 of the laws of 43 1997, as amended by section 1 of chapter 19 of the laws of 1999 notwith- 44 standing this act shall be deemed to have been in full force and effect 45 on and after July 31, 2005 and shall remain in full force and effect 46 until September 1, [2015] 2017 when upon such date this act shall 47 expire. 48 S 24. Section 5 of chapter 554 of the laws of 1986, amending the 49 correction law and the penal law relating to providing for community 50 treatment facilities and establishing the crime of absconding from the 51 community treatment facility, as amended by section 24 of part E of 52 chapter 55 of the laws of 2013, is amended to read as follows: 53 S 5. This act shall take effect immediately and shall remain in full 54 force and effect until September 1, [2015] 2017, and provided further 55 that the commissioner of correctional services shall report each January 56 first and July first during such time as this legislation is in effect, S. 4205 11 1 to the chairmen of the senate crime victims, crime and correction 2 committee, the senate codes committee, the assembly correction commit- 3 tee, and the assembly codes committee, the number of individuals who are 4 released to community treatment facilities during the previous six-month 5 period, including the total number for each date at each facility who 6 are not residing within the facility, but who are required to report to 7 the facility on a daily or less frequent basis. 8 S 25. Sections 1 and 2 of part H of chapter 503 of the laws of 2009 9 relating to the disposition of monies recovered by county district 10 attorneys before the filing of an accusatory instrument, section 1 as 11 amended by section 1 of part B of chapter 57 of the laws of 2011 and 12 section 2 as amended by section 1 of part C of chapter 55 of the laws of 13 2014, are amended to read as follows: 14 Section 1. When a county district attorney of a county located in a 15 city of one million or more recovers monies before the filing of an 16 accusatory instrument as defined in subdivision 1 of section 1.20 of the 17 criminal procedure law, after injured parties have been appropriately 18 compensated, the district attorney's office shall retain a percentage of 19 the remaining such monies in recognition that such monies were recovered 20 as a result of investigations undertaken by such office. For each 21 recovery the total amount of such monies to be retained by the county 22 district attorney's office shall equal ten percent of the first twenty- 23 five million dollars received by such office, plus seven and one-half 24 percent of such monies received by such office in excess of twenty-five 25 million dollars but less than fifty million dollars, plus five percent 26 of any such monies received by such office in excess of fifty million 27 dollars but less than one hundred million dollars, plus one percent of 28 such monies received by such office in excess of one hundred million 29 dollars. The remainder of such monies shall be paid by the district 30 attorney's office to the state and to the county in equal amounts within 31 thirty days of receipt, where disposition of such monies is not other- 32 wise prescribed by law. Monies distributed to a county district attor- 33 ney's office pursuant to this section shall be used to enhance law 34 enforcement efforts WITHIN THE STATE. 35 S 2. This act shall take effect immediately and shall remain in full 36 force and effect until March 31, [2015] 2016, when it shall expire and 37 be deemed repealed. 38 S 26. This act shall take effect immediately, provided however that 39 section twenty-five of this act shall be deemed to have been in full 40 force and effect on and after March 31, 2015; and provided further that 41 the amendments to section 1 of part H of chapter 503 of the laws of 2009 42 made by section twenty-five of this act shall not affect the repeal of 43 such section and shall be deemed repealed therewith. 44 PART C 45 Section 1. Employees of the division of state police in the unclassi- 46 fied service of the state, who are substantially engaged in the perform- 47 ance of duties to support business and financial services, administra- 48 tive services, payroll administration, time and attendance, benefit 49 administration, and other transactional human resources functions, may 50 be transferred to the office of general services in accordance with the 51 provisions of section 45 of the civil service law as if the state had 52 taken over a private entity. No employee who is transferred pursuant to 53 this act shall suffer a reduction in basic annual salary as a result of 54 the transfer. S. 4205 12 1 S 2. This act shall take effect immediately. 2 PART D 3 Section 1. Paragraph (c) of subdivision 1 of section 13-c of the work- 4 ers' compensation law is REPEALED. 5 S 2. Subparagraph (iii) of paragraph (b) of subdivision 3 of section 6 13-c of the workers' compensation law is REPEALED. 7 S 3. Subdivision 4 of section 13-g of the workers' compensation law, 8 as amended by section 4 of part GG of chapter 57 of the laws of 2013, is 9 amended to read as follows: 10 (4) A provider initiating an arbitration, including a single arbitra- 11 tor process, pursuant to this section shall NOT pay a fee [as determined 12 by regulations promulgated by the chair, to be used] to cover the costs 13 related to the conduct of such arbitration. [Upon resolution in favor of 14 such party, the amount due, based upon the bill in dispute, shall be 15 increased by the amount of the fee paid by such party. Where a partial 16 award is made, the amount due, based upon the bill in dispute, shall be 17 increased by a part of such fee.] Each member of an arbitration commit- 18 tee for medical bills, and each member of an arbitration committee for 19 hospital bills shall be entitled to receive and shall be paid a fee for 20 each day's attendance at an arbitration session in any one count in an 21 amount fixed by the chair of the workers' compensation board. 22 S 4. Paragraph (b) of subdivision 3-b of section 50 of the workers' 23 compensation law, as amended by chapter 139 of the laws of 2008, is 24 amended to read as follows: 25 (b) The board, in its rules, may provide for the issuance of licenses 26 to persons, firms or corporations, upon such proof of character and 27 fitness as it may deem necessary, [and may provide for a license fee in 28 an amount not exceeding one hundred dollars a year, and an annual 29 authorization fee in an amount not exceeding five hundred dollars a year 30 for each designated representative] WITHOUT ANNUAL LICENSE FEE, and for 31 the giving of a bond running to the people of the state of New York, 32 conditioned upon the faithful performance of all duties required of such 33 person, firm or corporation, and in an amount to be fixed by the board 34 in its rules. Such bond shall be approved by the board as to form and 35 sufficiency and shall be filed with it. [All license and authorization 36 fees collected under the provisions of this section shall be paid into 37 the state treasury.] 38 S 5. Paragraph (e) of subdivision 7 of section 13-m of the workers' 39 compensation law, as amended by section 7 of part GG of chapter 57 of 40 the laws of 2013, is amended to read as follows: 41 (e) A provider initiating an arbitration, including a single arbitra- 42 tor process, pursuant to this section shall NOT BE REQUIRED TO pay a 43 fee[, as determined by regulations promulgated by the chair, to be used] 44 to cover the costs related to the conduct of such arbitration. [Upon 45 resolution in favor of such party, the amount due, based upon the bill 46 in dispute, shall be increased by the amount of the fee paid by such 47 party. Where a partial award is made, the amount due, based upon the 48 bill in dispute, shall be increased by a part of such fee.] 49 S 6. Paragraph (e) of subdivision 6 of section 13-1 of the workers' 50 compensation law, as amended by section 6 of part GG of chapter 57 of 51 the laws of 2013, is amended to read as follows: 52 (e) A provider initiating an arbitration, including a single arbitra- 53 tor process, pursuant to this section shall NOT pay a fee[, as deter- 54 mined by regulations promulgated by the chair, to be used] to cover the S. 4205 13 1 costs related to the conduct of such arbitration. [Upon resolution in 2 favor of such party, the amount due, based upon the bill in dispute, 3 shall be increased by the amount of the fee paid by such party. Where a 4 partial award is made, the amount due, based upon the bill in dispute, 5 shall be increased by a part of such fee.] 6 S 7. Paragraph (e) of subdivision 6 of section 13-k of the workers' 7 compensation law, as amended by section 5 of part GG of chapter 57 of 8 the laws of 2013, is amended to read as follows: 9 (e) A provider initiating an arbitration, including a single arbi- 10 tration process, pursuant to this section shall NOT BE REQUIRED TO pay a 11 fee[, as determined by regulations promulgated by the chair, to be used 12 to cover the costs] related to the conduct of such arbitration. [Upon 13 resolution in favor of such party, the amount due, based upon the bill 14 in dispute, shall be increased by the amount of the fee paid by such 15 party. Where a partial award is made, the amount due, based upon the 16 bill in dispute shall be increased by a part of such fee.] Each member 17 of the arbitration committee shall be entitled to receive and shall be 18 paid a fee for each day's attendance at an arbitration session in an 19 amount fixed by the chair of the workers' compensation board. 20 S 8. Section 24-a of the workers' compensation law, as amended by 21 chapter 133 of the laws of 1982, subdivision 1 as amended by chapter 61 22 of the laws of 1989, subdivision 2 as amended and subdivision 5 as added 23 by chapter 347 of the laws of 1987, is amended to read as follows: 24 S 24-a. Representation before the workers' compensation board. 1. No 25 person, firm or corporation, other than an attorney and counsellor-at- 26 law, shall appear on behalf of any claimant or person entitled to the 27 benefits of this chapter, before the board or any officer, agent or 28 employee of the board assigned to conduct any hearing, investigation or 29 inquiry relative to a claim for compensation or benefits under this 30 chapter, unless he or she shall be a citizen of the United States or an 31 alien lawfully admitted for permanent residence in the United States, 32 and shall have obtained from the board a license authorizing him or her 33 to appear in matters or proceedings before the board. Such license shall 34 be issued by the board in accordance with the rules established by it. 35 Any person, firm or corporation violating the aforesaid provisions shall 36 be guilty of a misdemeanor. The board, in its rules, shall provide for 37 the issuance of licenses to representatives of charitable and welfare 38 organizations, and to associations who employ a representative to appear 39 for members of such association, upon certification of the proper offi- 40 cer of such association or organization, which licenses shall issue 41 without charge; and may provide for a license WITHOUT fee in the case of 42 all other persons, firms or corporations in an amount to be fixed by 43 said rules[, not exceeding the sum of one hundred dollars a year. All 44 license fees collected under the provisions of this section shall be 45 paid into the state treasury]. The board shall have such tests of char- 46 acter and fitness with respect to applicants for licenses, and such 47 rules governing the conduct of those licensed, as aforesaid, as it may 48 deem necessary. 49 2. There shall be maintained in each office of the board a registry or 50 list of persons to whom licenses have been issued as provided herein, 51 which list shall be corrected as often as licenses are issued or 52 revoked. Absence of a record of a license issued as herein provided 53 shall be prima facie evidence that a person, firm or corporation is not 54 licensed to represent claimants. Any such license may be revoked by the 55 board, for cause, after a hearing before the board. No license hereunder S. 4205 14 1 shall be issued for a period longer than three years from the date of 2 its issuance. 3 [3. No fee or allowance, in accordance with the provisions of section 4 twenty-four of this chapter, shall be made for services rendered by any 5 such person, firm or corporation who has received a license hereunder 6 without payment of a license fee. 7 4.] 3. Refusal by any person to whom a license has been issued author- 8 izing him to appear on behalf of any claimant to answer, upon request of 9 the board, or other duly authorized officer, board or committee of the 10 state, any legal question or to produce any relevant book or paper 11 concerning his conduct under such license, shall constitute adequate 12 cause for revocation thereof. 13 [5.] 4. Only an attorney, or a representative licensed in accordance 14 with rules established by the board pursuant to subdivisions three-b and 15 three-d of section fifty of this chapter, shall appear on behalf of an 16 employer or an insurance carrier regarding a claim for compensation or 17 any benefits under this chapter before the board or any officer, agent 18 or employee of the board assigned to conduct any hearing relative to a 19 claim for compensation or benefits under this chapter. The provisions of 20 this subdivision shall not apply to a designated regular employee of a 21 self-insured employer, or of an insurance carrier appearing on behalf of 22 his or her employer, but the board may prohibit the appearance of any 23 such employee for cause. 24 S 9. This act shall take effect April 1, 2015. 25 PART E 26 Intentionally Omitted 27 PART F 28 Intentionally Omitted 29 PART G 30 Intentionally Omitted 31 PART H 32 Section 1. Paragraph d of subdivision 1 of section 130 of the civil 33 service law is amended by adding four new subparagraphs 4, 5, 6 and 7 to 34 read as follows: 35 (4) EFFECTIVE JULY FIRST, TWO THOUSAND FIFTEEN: 36 GRADE HIRING JOB 37 RATE RATE 38 M/C 3 $24,406 $31,200 39 M/C 4 $25,483 $32,617 40 M/C 5 $27,012 $34,199 41 M/C 6 $28,158 $35,953 42 M/C 7 $29,782 $37,899 43 M/C 8 $31,416 $39,852 44 M/C 9 $33,211 $41,973 45 M/C 10 $35,001 $44,302 S. 4205 15 1 M/C 11 $37,124 $46,761 2 M/C 12 $39,082 $49,214 3 M/C 13 $41,357 $51,948 4 M/C 14 $43,814 $54,806 5 M/C 15 $46,252 $57,765 6 M/C 16 $48,859 $60,846 7 M/C 17 $51,630 $64,201 8 M/C 18 $51,905 $64,409 9 M/C 19 $54,688 $67,758 10 M/C 20 $57,476 $71,156 11 M/C 21 $60,576 $74,831 12 M/C 22 $63,832 $78,762 13 M/C 23 $67,104 $83,839 14 M 1 $72,429 $91,553 15 M 2 $80,327 $101,536 16 M 3 $89,152 $112,660 17 M 4 $98,605 $124,437 18 M 5 $109,487 $138,328 19 M 6 $121,224 $152,476 20 M 7 $133,622 $165,489 21 M 8 $112,662+ 22 (5) EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN: 23 GRADE HIRING JOB 24 RATE RATE 25 M/C 3 $25,143 $32,142 26 M/C 4 $26,253 $33,602 27 M/C 5 $27,828 $35,232 28 M/C 6 $29,008 $37,039 29 M/C 7 $30,682 $39,044 30 M/C 8 $32,364 $41,055 31 M/C 9 $34,214 $43,240 32 M/C 10 $36,058 $45,640 33 M/C 11 $38,245 $48,173 34 M/C 12 $40,263 $50,700 35 M/C 13 $42,606 $53,517 36 M/C 14 $45,137 $56,461 37 M/C 15 $47,649 $59,509 38 M/C 16 $50,334 $62,684 39 M/C 17 $53,190 $66,140 40 M/C 18 $53,472 $66,354 41 M/C 19 $56,340 $69,804 42 M/C 20 $59,212 $73,305 43 M/C 21 $62,406 $77,091 44 M/C 22 $65,760 $81,140 45 M/C 23 $69,130 $86,371 46 M 1 $74,617 $94,318 47 M 2 $82,753 $104,603 48 M 3 $91,844 $116,062 49 M 4 $101,583 $128,195 50 M 5 $112,794 $142,506 51 M 6 $124,884 $157,081 52 M 7 $137,657 $170,487 53 M 8 $116,064+ 54 (6) EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN: 55 GRADE HIRING JOB S. 4205 16 1 RATE RATE 2 M/C 3 $25,143 $32,142 3 M/C 4 $26,253 $33,602 4 M/C 5 $27,828 $35,232 5 M/C 6 $29,008 $37,039 6 M/C 7 $30,682 $39,044 7 M/C 8 $32,364 $41,055 8 M/C 9 $34,214 $43,240 9 M/C 10 $36,058 $45,640 10 M/C 11 $38,245 $48,173 11 M/C 12 $40,263 $50,700 12 M/C 13 $42,606 $53,517 13 M/C 14 $45,137 $56,461 14 M/C 15 $47,649 $59,509 15 M/C 16 $50,334 $62,684 16 M/C 17 $53,190 $66,140 17 M/C 18 $53,472 $66,354 18 M/C 19 $56,340 $69,804 19 M/C 20 $59,212 $73,305 20 M/C 21 $62,406 $77,091 21 M/C 22 $65,760 $81,140 22 M/C 23 $69,130 $86,371 23 M 1 $74,617 $94,318 24 M 2 $82,753 $104,603 25 M 3 $91,844 $116,062 26 M 4 $101,583 $128,195 27 M 5 $112,794 $142,506 28 M 6 $124,884 $157,081 29 M 7 $137,657 $170,487 30 M 8 $116,064+ 31 (7) Effective April first, two thousand eighteen: 32 GRADE HIRING JOB 33 RATE RATE 34 M/C 3 $25,143 $32,142 35 M/C 4 $26,253 $33,602 36 M/C 5 $27,828 $35,232 37 M/C 6 $29,008 $37,039 38 M/C 7 $30,682 $39,044 39 M/C 8 $32,364 $41,055 40 M/C 9 $34,214 $43,240 41 M/C 10 $36,058 $45,640 42 M/C 11 $38,245 $48,173 43 M/C 12 $40,263 $50,700 44 M/C 13 $42,606 $53,517 45 M/C 14 $45,137 $56,461 46 M/C 15 $47,649 $59,509 47 M/C 16 $50,334 $62,684 48 M/C 17 $53,190 $66,140 49 M/C 18 $53,472 $66,354 50 M/C 19 $56,340 $69,804 51 M/C 20 $59,212 $73,305 52 M/C 21 $62,406 $77,091 53 M/C 22 $65,760 $81,140 54 M/C 23 $69,130 $86,371 55 M 1 $74,617 $94,318 56 M 2 $82,753 $104,603 S. 4205 17 1 M 3 $91,844 $116,062 2 M 4 $101,583 $128,195 3 M 5 $112,794 $142,506 4 M 6 $124,884 $157,081 5 M 7 $137,657 $170,487 6 M 8 $116,064+ 7 S 2. Subdivision 1 of section 19 of the correction law, as added by 8 section 2 of part B of chapter 491 of the laws of 2011, is amended to 9 read as follows: 10 1. This section shall apply to each superintendent of a correctional 11 facility appointed on or after August ninth, nineteen hundred seventy- 12 five and any superintendent heretofore appointed who elects to be 13 covered by the provisions thereof by filing such election with the 14 commissioner. 15 a. The salary schedule for superintendents of a correctional facility 16 with an inmate population capacity of four hundred or more inmates shall 17 be as follows: 18 Effective April first, two thousand eleven: 19 Hiring Rate Job Rate 20 $105,913 $144,535 21 Effective April first, two thousand fourteen: 22 Hiring Rate Job Rate 23 $108,031 $147,426 24 Effective April first, two thousand fifteen: 25 Hiring Rate Job Rate 26 $110,192 $150,375 27 EFFECTIVE JULY FIRST, TWO THOUSAND FIFTEEN: 28 HIRING RATE JOB RATE 29 $114,644 $156,451 30 EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN: 31 HIRING RATE JOB RATE 32 $118,106 $161,176 33 EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN: 34 HIRING RATE JOB RATE 35 $118,106 $161,176 36 EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN: 37 HIRING RATE JOB RATE 38 $118,106 $161,176 39 b. The salary schedule for superintendents of correctional facilities 40 with an inmate population capacity of fewer than four hundred inmates 41 shall be as follows: 42 Effective April first, two thousand eleven: 43 Hiring Rate Job Rate 44 $82,363 $104,081 45 Effective April first, two thousand fourteen: 46 Hiring Rate Job Rate 47 $84,010 $106,163 48 Effective April first, two thousand fifteen: 49 Hiring Rate Job Rate 50 $85,690 $108,286 51 EFFECTIVE JULY FIRST, TWO THOUSAND FIFTEEN: 52 HIRING RATE JOB RATE 53 $89,152 $112,661 54 EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN: 55 HIRING RATE JOB RATE S. 4205 18 1 $91,844 $116,063 2 EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN: 3 HIRING RATE JOB RATE 4 $91,844 $116,063 5 EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN: 6 HIRING RATE JOB RATE 7 $91,844 $116,063 8 S 3. Compensation for certain state officers and employees. 1. The 9 provisions of this section, except subdivision 10 of this section, shall 10 apply to the following full-time state officers and employees. The 11 provisions of subdivision 10 shall apply only to those individuals spec- 12 ified therein. 13 (a) officers and employees whose positions are designated managerial 14 or confidential pursuant to article 14 of the civil service law; 15 (b) civilian state employees of the division of military and naval 16 affairs in the executive department whose positions are not in, or are 17 excluded from representation rights in, any recognized or certified 18 negotiating unit; 19 (c) officers and employees excluded from representation rights under 20 article 14 of the civil service law pursuant to rules or regulations of 21 the public employment relations board; 22 (d) officers and employees whose salaries are prescribed by section 19 23 of the correction law; 24 (e) officers and employees whose salaries are provided for by para- 25 graph (a) of subdivision 1 of section 215 of the executive law. 26 2. For such officers and employees the following increases shall 27 apply: 28 (a) Effective July 1, 2015, the basic annual salary of officers and 29 employees to whom the provisions of this subdivision apply shall be 30 increased by four percent adjusted to the nearest whole dollar amount. 31 (b) Effective April 1, 2016, the basic annual salary of officers and 32 employees to whom the provisions of this subdivision apply shall be 33 increased by three percent adjusted to the nearest whole dollar amount. 34 3. If an unencumbered position is one that, if encumbered, would be 35 subject to the provisions of this section, the salary of such position 36 shall be increased by the salary increase amounts specified in this 37 section. If a position is created and is filled by the appointment of an 38 officer or employee who is subject to the provisions of this section, 39 the salary otherwise provided for such position shall be increased in 40 the same manner as though such position had been in existence but unen- 41 cumbered. 42 4. The increases in salary pursuant to this section shall apply on a 43 prorated basis in accordance with guidelines issued by the director of 44 the budget to officers and employees otherwise eligible to receive an 45 increase in salary pursuant to this act who are paid on an hourly or per 46 diem basis, employees serving on a part-time or seasonal basis, and 47 employees paid on any basis other than at an annual salary rate. 48 5. Notwithstanding any of the foregoing provisions of this section, 49 the provisions of this section shall not apply to the following except 50 as otherwise provided by law: 51 (a) officers or employees paid on a fee schedule basis; 52 (b) officers or employees whose salaries are prescribed by section 40, 53 60, or 169 of the executive law; 54 (c) officers or employees in collective negotiating units established 55 pursuant to article 14 of the civil service law. S. 4205 19 1 6. Officers and employees to whom the provisions of this section apply 2 who are incumbents of positions that are not allocated to salary grades 3 specified in paragraph d of subdivision 1 of section 130 of the civil 4 service law and whose salary is not prescribed in any other statute 5 shall receive the salary increases specified in subdivision two of this 6 section. 7 7. In order to provide performance advancements, merit awards, longev- 8 ity payments, in lieu payments and special achievement awards for the 9 officers and employees to whom this section applies who are not allo- 10 cated to salary grades in proportion to those provided to persons to 11 whom this section applies who are allocated to salary grades, the direc- 12 tor of the budget is authorized to add appropriate adjustments to the 13 compensation that such officers and employees are otherwise entitled to 14 receive. The director of the budget shall amend each agency's personal 15 service certificate to reflect the increases made pursuant to the 16 provisions of this subdivision, and the updated certificate will contin- 17 ue to be available to the state comptroller, the department of civil 18 service, the chairman of the senate finance committee and the chairman 19 of the assembly ways and means committee. 20 8. Notwithstanding any of the foregoing provisions of this section, 21 any increase in compensation for any officer or employee appointed to a 22 lower graded position from a redeployment list pursuant to subdivision 1 23 of section 79 of the civil service law who continues to receive his or 24 her former salary pursuant to such subdivision shall be determined on 25 the basis of such lower graded position provided, however, that the 26 increases in salary provided in subdivision two of this section shall 27 not cause such officer's or employee's salary to exceed the job rate of 28 any such lower graded position at salary grade. 29 9. Notwithstanding any of the foregoing provisions of this section or 30 of any law to the contrary, the director of the budget may reduce the 31 salary of any position which is vacant or which becomes vacant, so long 32 as the position, if encumbered, would be subject to the provisions of 33 this section. The director of the budget does not need to provide a 34 reason for such reduction. 35 10. Compensation for certain state employees in the state university 36 and certain employees of contract colleges at Cornell and Alfred univer- 37 sities. 38 (a) Effective July 1, 2015, April 1, 2016, April 1, 2017 and April 1, 39 2018, the basic annual salary of incumbents of positions in the profes- 40 sional service in the state university that are designated, stipulated, 41 or excluded from negotiating units as managerial or confidential as 42 defined pursuant to article 14 of the civil service law, may be 43 increased pursuant to plans approved by the state university trustees. 44 Such increases in basic annual salary rates shall not exceed in the 45 aggregate four percent of the total basic annual salary rates in effect 46 on June 30, 2015, and three percent of the total basic annual salary 47 rates in effect on March 31, 2016. 48 (b) Effective July 1, 2015 and April 1, 2016, the basic annual salary 49 of incumbents of positions in the institutions under the management and 50 control of Cornell and Alfred universities as representatives of the 51 board of trustees of the state university that, in the opinion of the 52 director of employee relations, would be designated managerial or confi- 53 dential were they subject to article 14 of the civil service law may be 54 increased pursuant to plans approved by the state university trustees. 55 Such increases in basic annual salary rates shall not exceed in the 56 aggregate four percent of the total basic annual salary rates in effect S. 4205 20 1 on June 30, 2015, and three percent of the total basic annual salary 2 rates in effect on March 31, 2016. 3 (c) During the period July 1, 2015 through March 31, 2019, the basic 4 annual salary of incumbents of positions in the non-professional service 5 that, in the opinion of the director of employee relations, would be 6 designated managerial or confidential were they subject to article 14 of 7 the civil service law, except those positions in the Cornell service and 8 maintenance unit that are subject to the terms of a collective bargain- 9 ing agreement between Cornell university and the employee organization 10 representing employees in such positions and except those positions in 11 the Alfred service and maintenance unit that are subject to the terms of 12 a collective bargaining agreement between Alfred university and the 13 employee organization representing employees in such positions, in 14 institutions under the management and control of Cornell and Alfred 15 universities as representatives of the board of trustees of the state 16 university may be increased pursuant to plans approved by the state 17 university trustees. Such plans may include new salary schedules which 18 shall supersede the salary schedules then in effect applicable to such 19 employees. Such plans shall provide for increases in basic annual sala- 20 ries, which, exclusive of performance advancement payments or merit 21 recognition payments, shall not exceed in the aggregate four percent of 22 the total basic annual salary rates in effect on June 30, 2015, and 23 three percent of the total basic annual salary rates in effect on March 24 31, 2016. 25 (d) For the purposes of this subdivision, the basic annual salary of 26 an employee is that salary that is obtained through direct appropriation 27 of state moneys for the purpose of paying wages. Nothing in this part 28 shall prevent increasing amounts paid to incumbents of such positions in 29 the professional service in addition to the basic annual salary, 30 provided, however, that the amounts required for such increase and the 31 cost of fringe benefits attributable to such increase, as determined by 32 the comptroller, are made available to the state in accordance with the 33 procedures established by the state university, with the approval of the 34 director of the budget, for such purposes. 35 (e) Notwithstanding any of the foregoing provisions of this section or 36 any law to the contrary, any increase in compensation may be withheld in 37 whole or in part from any employee to whom the provisions of this 38 section apply pursuant to section seven of this act. 39 S 4. Use of appropriations. The comptroller is authorized to pay any 40 amounts required during the fiscal year commencing April 1, 2015 by the 41 foregoing provisions of this act for any state department or agency from 42 any appropriation or other funds available to such state department or 43 agency for personal service or for other related employee benefits 44 during such fiscal year. To the extent that such appropriations in any 45 fund, or combinations of funds, are insufficient to accomplish the 46 purposes herein set forth, the director of the budget is authorized to 47 allocate to any department and agency funds, from any appropriations 48 available in any other department's or agency's fund or funds, the 49 amounts necessary to pay such amounts. 50 S 5. Effect of participation in special annuity program. No officer or 51 employee participating in a special annuity program pursuant to the 52 provision of article 8-C of the education law shall, by reason of an 53 increase in compensation pursuant to this act, suffer any reduction of 54 the salary adjustment to which that employee would otherwise be entitled 55 by reason of participation in such program, and such salary adjustment S. 4205 21 1 shall be based upon the salary of such officer or employee without 2 regard to the reduction authorized by such article. 3 S 6. Date of entitlement to salary increase. Notwithstanding the 4 provisions of this act or of any other law, the increase in salary or 5 compensation of any officer or employee provided by this act shall be 6 added to the salary or compensation of such officer or employee at the 7 beginning of that payroll period the first day of which is nearest to 8 the effective date of such increase as provided in this act, or at the 9 beginning of the earlier of two payroll periods the first days of which 10 are nearest but equally near to the effective date of such increase as 11 provided in this act, provided, however, that for the purposes of deter- 12 mining the salary of such officer or employee upon reclassification, 13 reallocation, appointment, promotion, transfer, demotion, reinstatement 14 or other change of status, such salary increase shall be deemed to be 15 effective on the date thereof as prescribed in this act, and the payment 16 thereof pursuant to this section on a date prior thereto, instead of on 17 such effective date, shall not operate to confer any additional salary 18 rights or benefits on such officer or employee. 19 S 7. 1. Notwithstanding the provisions of any other section of this 20 act or any other provision of law to the contrary, any increase in 21 compensation, provided: (a) in this act, or (b) as a result of a 22 promotion, appointment, or advancement to a position in a higher salary 23 grade, or (c) pursuant to paragraph (c) of subdivision 6 of section 131 24 of the civil service law, or (d) pursuant to paragraph (b) of subdivi- 25 sion 8 of section 130 of the civil service law, or (e) pursuant to para- 26 graph (a) of subdivision 3 of section 13 of chapter 732 of the laws of 27 1988, as amended, may be withheld in whole or in part from any officer 28 or employee when, in the opinion of the director of the budget, such 29 withholding is necessary to reflect the job performance of such officer 30 or employee, or to maintain appropriate salary relationships among offi- 31 cers or employees of the state, or to reduce state expenditures to 32 acceptable levels or when, in the opinion of the director of the budget, 33 such increase is not warranted or is not appropriate. 34 2. Notwithstanding the provisions of any other section of this act the 35 salary increases provided for in this act shall not be implemented until 36 the director of the budget delivers notice to the comptroller that such 37 amounts may be paid. 38 S 8. This act shall take effect immediately and shall be deemed to 39 have been in full force and effect on and after April 1, 2015. 40 PART I 41 Intentionally Omitted 42 PART J 43 Section 1. Subdivision 2 of section 164 of the civil service law, as 44 added by section 1 of part W of chapter 56 of the laws of 2008, is 45 amended to read as follows: 46 2. During the fiscal year ENDING MARCH THIRTY-FIRST, two thousand 47 [eight--two thousand nine] SIXTEEN, the president [shall] MAY establish 48 an amnesty period not to exceed sixty days. During this amnesty period 49 when any employee enrolled in the plan voluntarily identifies any ineli- 50 gible dependent: S. 4205 22 1 (a) the termination of the ineligible dependent's coverage resulting 2 from such employee's timely compliance shall be made on a current basis; 3 (b) the plan shall not seek recovery of any claims paid based on the 4 coverage of the ineligible dependent; 5 (c) the employee shall not be entitled to any refund of premium paid 6 on behalf of any such ineligible dependent; and 7 (d) the employee shall not be subject to any disciplinary, civil or 8 criminal action, directly as a result of the coverage of the ineligible 9 dependent. 10 S 2. This act shall take effect immediately. 11 PART K 12 Section 1. The retirement and social security law is amended by adding 13 a new section 809 to read as follows: 14 S 809. RETIREMENT SYSTEM REPORTING. THE NEW YORK STATE AND LOCAL 15 EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK STATE POLICE AND FIRE RETIRE- 16 MENT SYSTEM, THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM, THE NEW 17 YORK CITY EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK CITY TEACHERS' 18 RETIREMENT SYSTEM, THE NEW YORK CITY POLICE PENSION FUND, THE NEW YORK 19 CITY FIRE PENSION FUND, AND THE NEW YORK CITY BOARD OF EDUCATION RETIRE- 20 MENT SYSTEM SHALL REPORT ESTIMATED EMPLOYER PENSION CONTRIBUTION RATES 21 EXPRESSED AS A PERCENTAGE OF EMPLOYER PAYROLL FOR THE NEXT FISCAL YEAR 22 AND ONE ENSUING FISCAL YEAR, OR NEXT SCHOOL YEAR AND ONE ENSUING SCHOOL 23 YEAR, AS APPLICABLE TO SUCH RETIREMENT SYSTEMS AND AS APPROPRIATE FOR 24 ALL PARTICIPATING EMPLOYERS. SUCH RETIREMENT SYSTEM SHALL FILE THE 25 APPROPRIATE REPORT WITH THE DIRECTOR OF THE BUDGET AND CHAIRPERSON OF 26 THE SENATE FINANCE COMMITTEE AND ASSEMBLY WAYS AND MEANS COMMITTEE AND 27 ALSO MAKE THE REPORT AVAILABLE ON THEIR PUBLIC INTERNET WEBSITE. SUCH 28 REPORTING SHALL OCCUR ANNUALLY BY SEPTEMBER FIRST OF THE CURRENT YEAR, 29 OR BY DECEMBER FIRST OF THE CURRENT YEAR FOR A RETIREMENT SYSTEM WITH A 30 JULY FIRST TO JUNE THIRTIETH PLAN YEAR, AND SHALL BE IN ADDITION TO ANY 31 OTHER REPORTING REQUIREMENT IN LAW. 32 S 2. This act shall take effect immediately. 33 PART L 34 Intentionally Omitted 35 PART M 36 Section 1. Section 3 of chapter 674 of the laws of 1993, amending the 37 public buildings law relating to value limitations on contracts, as 38 amended by chapter 61 of the laws of 2013, is amended to read as 39 follows: 40 S 3. This act shall take effect immediately and shall remain in full 41 force and effect only until June 30, [2015] 2017. 42 S 2. Subdivision 2 of section 9 of the public buildings law, as 43 amended by chapter 84 of the laws of 2007, is amended to read as 44 follows: 45 2. Notwithstanding any other provision of this law or any general or 46 special law, where there is a construction emergency, as defined by 47 subdivision one of this section, the commissioner of general services 48 may, upon written notice of such construction emergency from an author- 49 ized officer of the department or agency having jurisdiction of the S. 4205 23 1 property, let emergency contracts for public work or the purchase of 2 supplies, materials or equipment without complying with formal compet- 3 itive bidding requirements, provided that all such contracts shall be 4 subject to the approval of the attorney general and the comptroller and 5 that no such contract shall exceed [three hundred thousand] ONE MILLION 6 dollars. Such emergency contracts shall be let only for work necessary 7 to remedy or ameliorate a construction emergency. 8 S 3. This act shall take effect immediately; provided, however, that 9 the amendment to subdivision 2 of section 9 of the public buildings law 10 made by section two of this act shall not affect the expiration of such 11 subdivision and shall be deemed to expire therewith. 12 PART N 13 Section 1. The second undesignated paragraph of section 6 of the 14 public buildings law, as amended by chapter 237 of the laws of 1992, is 15 amended to read as follows: 16 Notwithstanding any inconsistent provisions of law, the commissioner 17 of general services may by rules delegate to the agency or department 18 having custody of any public building full responsibility for the prepa- 19 ration of plans and specifications and the supervision of minor, routine 20 or uncomplicated construction, reconstruction, alteration, improvement 21 or repair of any such building, providing the value of such work shall 22 not exceed ONE HUNDRED fifty thousand dollars. 23 S 2. This act shall take effect immediately. 24 PART O 25 Intentionally Omitted 26 PART P 27 Section 1. The state comptroller is hereby authorized and directed to 28 loan money in accordance with the provisions set forth in subdivision 5 29 of section 4 of the state finance law to the following funds and/or 30 accounts: 31 1. Tuition reimbursement account (20451). 32 2. Proprietary vocational school supervision account (20452). 33 3. Local government records management account (20501). 34 4. Child health plus program account (20810). 35 5. EPIC premium account (20818). 36 6. Education - New (20901). 37 7. VLT - Sound basic education fund (20904). 38 8. Sewage treatment program management and administration fund 39 (21000). 40 9. Hazardous bulk storage account (21061). 41 10. Federal grants indirect cost recovery account (21065). 42 11. Low level radioactive waste account (21066). 43 12. Recreation account (21067). 44 13. Public safety recovery account (21077). 45 14. Environmental regulatory account (21081). 46 15. Natural resource account (21082). 47 16. Mined land reclamation program account (21084). 48 17. Great lakes restoration initiative account (21087). 49 18. Environmental protection and oil spill compensation fund (21200). S. 4205 24 1 19. Public transportation systems account (21401). 2 20. Metropolitan mass transportation (21402). 3 21. Operating permit program account (21451). 4 22. Mobile source account (21452). 5 23. Statewide planning and research cooperative system account 6 (21902). 7 24. OPWDD provider of service account (21903). 8 25. Mental hygiene program fund account (21907). 9 26. Mental hygiene patient income account (21909). 10 27. Financial control board account (21911). 11 28. Regulation of racing account (21912). 12 29. New York Metropolitan Transportation Council account (21913). 13 30. State university dormitory income reimbursable account (21937). 14 31. Energy research account (21943). 15 32. Criminal justice improvement account (21945). 16 33. Fingerprint identification and technology account (21950). 17 34. Environmental laboratory reference fee account (21959). 18 35. Clinical laboratory reference system assessment account (21962). 19 36. Indirect cost recovery account (21978). 20 37. High school equivalency program account (21979). 21 38. Multi-agency training account (21989). 22 39. Bell jar collection account (22003). 23 40. Industry and utility service account (22004). 24 41. Real property disposition account (22006). 25 42. Parking account (22007). 26 43. Asbestos safety training program account (22009). 27 44. Batavia school for the blind account (22032). 28 45. Investment services account (22034). 29 46. Surplus property account (22036). 30 47. Financial oversight account (22039). 31 48. Regulation of indian gaming account (22046). 32 49. Rome school for the deaf account (22053). 33 50. Seized assets account (22054). 34 51. Administrative adjudication account (22055). 35 52. Federal salary sharing account (22056). 36 53. New York City assessment account (22062). 37 54. Cultural education account (22063). 38 55. Local services account (22078). 39 56. DHCR mortgage servicing account (22085). 40 57. Department of motor vehicles compulsory insurance account (22087). 41 58. Housing indirect cost recovery account (22090). 42 59. Accident prevention course program account (22094). 43 60. DHCR-HCA application fee account (22100). 44 61. Low income housing monitoring account (22130). 45 62. Corporation administration account (22135). 46 63. Montrose veteran's home account (22144). 47 64. Deferred compensation administration account (22151). 48 65. Rent revenue other New York City account (22156). 49 66. Rent revenue account (22158). 50 67. Tax revenue arrearage account (22168). 51 68. State university general income offset account (22654). 52 69. State police motor vehicle law enforcement account (22802). 53 70. Highway safety program account (23001). 54 71. EFC drinking water program account (23101). 55 72. DOH drinking water program account (23102). 56 73. NYCCC operating offset account (23151). S. 4205 25 1 74. Commercial gaming revenue account (23701). 2 75. Commercial gaming regulation account (23702). 3 76. Highway and bridge capital account (30051). 4 77. State university residence hall rehabilitation fund (30100). 5 78. State parks infrastructure account (30351). 6 79. Clean water/clean air implementation fund (30500). 7 80. Hazardous waste remedial cleanup account (31506). 8 81. Youth facilities improvement account (31701). 9 82. Housing assistance fund (31800). 10 83. Housing program fund (31850). 11 84. Highway facility purpose account (31951). 12 85. Information technology capital financing account (32215). 13 86. New York racing account (32213). 14 87. Mental hygiene facilities capital improvement fund (32300). 15 88. Correctional facilities capital improvement fund (32350). 16 89. New York State Storm Recovery Capital Fund (33000). 17 90. OGS convention center account (50318). 18 91. Centralized services fund (55000). 19 92. Archives records management account (55052). 20 93. Federal single audit account (55053). 21 94. Civil service law section II administrative account (55055). 22 95. Civil service EHS occupational health program account (55056). 23 96. Banking services account (55057). 24 97. Cultural resources survey account (55058). 25 98. Neighborhood work project (55059). 26 99. Automation & printing chargeback account (55060). 27 100. OFT NYT account (55061). 28 101. Data center account (55062). 29 102. Intrusion detection account (55066). 30 103. Domestic violence grant account (55067). 31 104. Centralized technology services account (55069). 32 105. Labor contact center account (55071). 33 106. Human services contact center account (55072). 34 107. Tax contact center account (55073). 35 108. Executive direction internal audit account (55251). 36 109. CIO Information technology centralized services account (55252). 37 110. Health insurance internal service account (55300). 38 111. Civil service employee benefits division administrative account 39 (55301). 40 112. Correctional industries revolving fund (55350). 41 113. Employees health insurance account (60201). 42 114. Medicaid management information system escrow fund (60900). 43 S 1-a. The state comptroller is hereby authorized and directed to loan 44 money in accordance with the provisions set forth in subdivision 5 of 45 section 4 of the state finance law to any account within the following 46 federal funds, provided the comptroller has made a determination that 47 sufficient federal grant award authority is available to reimburse such 48 loans: 49 1. Federal USDA-food and nutrition services fund (25000). 50 2. Federal health and human services fund (25100). 51 3. Federal education fund (25200). 52 4. Federal block grant fund (25250). 53 5. Federal miscellaneous operating grants fund (25300). 54 6. Federal unemployment insurance administration fund (25900). 55 7. Federal unemployment insurance occupational training fund (25950). 56 8. Federal emergency employment act fund (26000). S. 4205 26 1 9. Federal capital projects fund (31350). 2 S 2. Notwithstanding any law to the contrary, and in accordance with 3 section 4 of the state finance law, the comptroller is hereby authorized 4 and directed to transfer, upon request of the director of the budget, on 5 or before March 31, 2016, up to the unencumbered balance or the follow- 6 ing amounts: 7 Economic Development and Public Authorities: 8 1. $175,000 from the miscellaneous special revenue fund, underground 9 facilities safety training account (22172), to the general fund. 10 2. An amount up to the unencumbered balance from the miscellaneous 11 special revenue fund, business and licensing services account (21977), 12 to the general fund. 13 3. $14,810,000 from the miscellaneous special revenue fund, code 14 enforcement account (21904), to the general fund. 15 4. $3,000,000 from the general fund to the miscellaneous special 16 revenue fund, tax revenue arrearage account (22168). 17 5. $552,000 from the miscellaneous special revenue fund, consumer food 18 industry account (21966), to the general fund. 19 Education: 20 1. $2,219,000,000 from the general fund to the state lottery fund, 21 education account (20901), as reimbursement for disbursements made from 22 such fund for supplemental aid to education pursuant to section 92-c of 23 the state finance law that are in excess of the amounts deposited in 24 such fund for such purposes pursuant to section 1612 of the tax law. 25 2. $952,000,000 from the general fund to the state lottery fund, VLT 26 education account (20904), as reimbursement for disbursements made from 27 such fund for supplemental aid to education pursuant to section 92-c of 28 the state finance law that are in excess of the amounts deposited in 29 such fund for such purposes pursuant to section 1612 of the tax law. 30 3. Moneys from the state lottery fund up to an amount deposited in 31 such fund pursuant to section 1612 of the tax law in excess of the 32 current year appropriation for supplemental aid to education pursuant to 33 section 92-c of the state finance law. 34 4. $300,000 from the local government records management improvement 35 fund (20500) to the archives partnership trust fund (20350). 36 5. $900,000 from the general fund to the miscellaneous special revenue 37 fund, Batavia school for the blind account (22032). 38 6. $900,000 from the general fund to the miscellaneous special revenue 39 fund, Rome school for the deaf account (22053). 40 7. $343,400,000 from the state university dormitory income fund 41 (40350) to the miscellaneous special revenue fund, state university 42 dormitory income reimbursable account (21937). 43 8. $24,000,000 from any of the state education department special 44 revenue and internal service funds to the miscellaneous special revenue 45 fund, indirect cost recovery account (21978). 46 9. $8,318,000 from the general fund to the state university income 47 fund, state university income offset account (22654), for the state's 48 share of repayment of the STIP loan. 49 10. $45,000,000 from the state university income fund, state universi- 50 ty hospitals income reimbursable account (22656) to the general fund for 51 hospital debt service for the period April 1, 2015 through March 31, 52 2016. 53 Environmental Affairs: 54 1. $16,000,000 from any of the department of environmental conserva- 55 tion's special revenue federal funds to the environmental conservation 56 special revenue fund, federal indirect recovery account (21065). S. 4205 27 1 2. $2,000,000 from any of the department of environmental conserva- 2 tion's special revenue federal funds to the conservation fund as neces- 3 sary to avoid diversion of conservation funds. 4 3. $3,000,000 from any of the office of parks, recreation and historic 5 preservation capital projects federal funds and special revenue federal 6 funds to the miscellaneous special revenue fund, federal grant indirect 7 cost recovery account (22188). 8 4. $1,000,000 from any of the office of parks, recreation and historic 9 preservation special revenue federal funds to the miscellaneous special 10 revenue fund, I love NY water account (21930). 11 5. $18,000,000 from the general fund to the environmental protection 12 fund, environmental protection fund transfer account (30451). 13 6. $8,500,000 from the general fund to the hazardous waste remedial 14 fund, hazardous waste oversight and assistance account (31505). 15 7. $25,000,000 from the environmental protection fund, environmental 16 protection transfer account (30451), to the general fund. 17 Family Assistance: 18 1. $10,000,000 from any of the office of children and family services, 19 office of temporary and disability assistance, or department of health 20 special revenue federal funds and the general fund, in accordance with 21 agreements with social services districts, to the miscellaneous special 22 revenue fund, office of human resources development state match account 23 (21967). 24 2. $3,000,000 from any of the office of children and family services 25 or office of temporary and disability assistance special revenue federal 26 funds to the miscellaneous special revenue fund, family preservation and 27 support services and family violence services account (22082). 28 3. $18,670,000 from any of the office of children and family services, 29 office of temporary and disability assistance, or department of health 30 special revenue federal funds and any other miscellaneous revenues 31 generated from the operation of office of children and family services 32 programs to the general fund. 33 4. $166,000,000 from any of the office of temporary and disability 34 assistance or department of health special revenue funds to the general 35 fund. 36 5. $2,500,000 from any of the office of temporary and disability 37 assistance or office of children and family services special revenue 38 federal funds to the miscellaneous special revenue fund, office of 39 temporary and disability assistance program account (21980). 40 6. $35,000,000 from any of the office of children and family services, 41 office of temporary and disability assistance, department of labor, and 42 department of health special revenue federal funds to the office of 43 children and family services miscellaneous special revenue fund, multi- 44 agency training contract account (21989). 45 7. $65,000,000 from the miscellaneous special revenue fund, youth 46 facility per diem account (22186), to the general fund. 47 8. $621,850 from the general fund to the combined gifts, grants, and 48 bequests fund, WB Hoyt Memorial account (20128). 49 9. $3,100,000 from the miscellaneous special revenue fund, state 50 central registry (22028), to the general fund. 51 General Government: 52 1. $1,566,000 from the miscellaneous special revenue fund, examination 53 and miscellaneous revenue account (22065) to the general fund. 54 2. $12,500,000 from the general fund to the health insurance revolving 55 fund (55300). S. 4205 28 1 3. $192,400,000 from the health insurance reserve receipts fund 2 (60550) to the general fund. 3 4. $150,000 from the general fund to the not-for-profit revolving loan 4 fund (20650). 5 5. $150,000 from the not-for-profit revolving loan fund (20650) to the 6 general fund. 7 6. $3,000,000 from the miscellaneous special revenue fund, surplus 8 property account (22036), to the general fund. 9 7. $19,900,000 from the general fund to the miscellaneous special 10 revenue fund, alcoholic beverage control account (22033). 11 8. $23,000,000 from the miscellaneous special revenue fund, revenue 12 arrearage account (22024), to the general fund. 13 9. $1,826,000 from the miscellaneous special revenue fund, revenue 14 arrearage account (22024), to the miscellaneous special revenue fund, 15 authority budget office account (22138). 16 10. $1,000,000 from the miscellaneous special revenue fund, parking 17 services account (22007), to the general fund, for the purpose of reim- 18 bursing the costs of debt service related to state parking facilities. 19 11. $21,794,000 from the general fund to the internal service fund, 20 COPS account (55013). 21 12. $8,360,000 from the general fund to the agencies internal service 22 fund, central technology services account (55069), for the purpose of 23 enterprise technology projects. 24 13. $5,000,000 from the miscellaneous special revenue fund, workers' 25 compensation account (21995), to the miscellaneous capital projects 26 fund, workers' compensation board IT business process design fund. 27 Health: 28 1. $30,000,000 from the miscellaneous special revenue fund, quality of 29 care account (21915), to the general fund. 30 2. $1,000,000 from the general fund to the combined gifts, grants and 31 bequests fund, breast cancer research and education account (20155), an 32 amount equal to the monies collected and deposited into that account in 33 the previous fiscal year. 34 3. $250,000 from the general fund to the combined gifts, grants and 35 bequests fund, prostate cancer research, detection, and education 36 account (20183), an amount equal to the moneys collected and deposited 37 into that account in the previous fiscal year. 38 4. $500,000 from the general fund to the combined gifts, grants and 39 bequests fund, Alzheimer's disease research and assistance account 40 (20143), an amount equal to the moneys collected and deposited into that 41 account in the previous fiscal year. 42 5. $30,295,000 from the HCRA resources fund (20800) to the miscella- 43 neous special revenue fund, empire state stem cell trust fund account 44 (22161). 45 6. $30,000,000 from any of the department of health accounts within 46 the federal health and human services fund to the miscellaneous special 47 revenue fund, quality of care account (21915). 48 7. $6,000,000 from the miscellaneous special revenue fund, certificate 49 of need account (21920), to the miscellaneous capital projects fund, 50 healthcare IT capital subfund. 51 8. $1,000,000 from the miscellaneous special revenue fund, adminis- 52 tration program account (21982), to the miscellaneous capital projects 53 fund, healthcare IT capital account (32216). 54 9. $1,000,000 from the miscellaneous special revenue fund, vital 55 records account (22103), to the miscellaneous capital projects fund, 56 healthcare IT capital account (32216). S. 4205 29 1 10. $3,700,000 from the miscellaneous New York state agency fund, 2 Medicaid recoveries account (60615), to the general fund. 3 11. $6,740,000 from the general fund to the medical marihuana trust 4 fund, medical marihuana - DOH account. 5 12. $4,096,000 from the HCRA resources fund (20800), to the miscella- 6 neous special revenue fund, cigarette strike force account. 7 13. $3,086,000 from the miscellaneous special revenue fund, certif- 8 icate of need account (21920), to the general fund. 9 14. $179,320,000 from the HCRA resources fund, HCRA program account 10 (20807), to the general fund. 11 Labor: 12 1. $400,000 from the miscellaneous special revenue fund, DOL fee and 13 penalty account (21923), to the child performer's protection fund, child 14 performer protection account (20401). 15 2. $8,400,000 from the miscellaneous special revenue fund, DOL fee and 16 penalty account (21923), to the general fund. 17 3. $3,300,000 from the unemployment insurance interest and penalty 18 fund, unemployment insurance special interest and penalty account 19 (23601), to the general fund. 20 Mental Hygiene: 21 1. $10,000,000 from the miscellaneous special revenue fund, mental 22 hygiene patient income account (21909), to the miscellaneous special 23 revenue fund, federal salary sharing account (22056). 24 2. $15,000,000 from the miscellaneous special revenue fund, mental 25 hygiene patient income account (21909), to the miscellaneous special 26 revenue fund, provider of service accounts (21903). 27 3. $15,000,000 from the miscellaneous special revenue fund, mental 28 hygiene program fund account (21907), to the miscellaneous special 29 revenue fund, provider of service account (21903). 30 4. $1,400,000,000 from the general fund to the miscellaneous special 31 revenue fund, mental hygiene patient income account (21909). 32 5. $1,867,353,000 from the general fund to the miscellaneous special 33 revenue fund, mental hygiene program fund account (21907). 34 6. $100,000,000 from the miscellaneous special revenue fund, mental 35 hygiene program fund account (21907), to the general fund. 36 7. $100,000,000 from the miscellaneous special revenue fund, mental 37 hygiene patient income account (21909), to the general fund. 38 Public Protection: 39 1. $1,350,000 from the miscellaneous special revenue fund, emergency 40 management account (21944), to the general fund. 41 2. $3,300,000 from the general fund to the miscellaneous special 42 revenue fund, recruitment incentive account (22171). 43 3. $13,000,000 from the general fund to the correctional industries 44 revolving fund, correctional industries internal service account 45 (55350). 46 4. $3,000,000 from the federal miscellaneous operating grants fund, 47 DMNA damage account (25324), to the general fund. 48 5. $14,300,000 from the general fund to the miscellaneous special 49 revenue fund, crimes against revenue program account (22015). 50 6. $22,900,000 from the miscellaneous special revenue fund, criminal 51 justice improvement account (21945), to the general fund. 52 7. $50,000,000 from the miscellaneous special revenue fund, statewide 53 public safety communications account (22123), to the general fund. 54 8. $106,000,000 from the state police motor vehicle law enforcement 55 and motor vehicle theft and insurance fraud prevention fund, state S. 4205 30 1 police motor vehicle enforcement account (22802), to the general fund 2 for state operation expenses of the division of state police. 3 9. $21,500,000 from the general fund to the correctional facilities 4 capital improvement fund (32350). 5 10. $5,000,000 from the general fund to the dedicated highway and 6 bridge trust fund (30050) for the purpose of work zone safety activities 7 provided by the division of state police for the department of transpor- 8 tation. 9 11. $5,000,000 from the miscellaneous special revenue fund, statewide 10 public safety communications account (22123), to the capital projects 11 fund (30000). 12 12. $2,900,000 from the miscellaneous special revenue fund, legal 13 services assistance account (22096), to the general fund. 14 13. $300,000 from the state police motor vehicle law enforcement and 15 motor vehicle theft and insurance fraud prevention fund, motor vehicle 16 theft and insurance fraud account (22801), to the general fund. 17 Transportation: 18 1. $17,672,000 from the federal miscellaneous operating grants fund to 19 the miscellaneous special revenue fund, New York Metropolitan Transpor- 20 tation Council account (21913). 21 2. $20,147,000 from the federal capital projects fund to the miscella- 22 neous special revenue fund, New York Metropolitan Transportation Council 23 account (21913). 24 3. $15,700,000 from the miscellaneous special revenue fund, compulsory 25 insurance account (22087), to the general fund. 26 4. $14,878,096 from the general fund to the mass transportation oper- 27 ating assistance fund, public transportation systems operating assist- 28 ance account (21401), of which $12,000,000 constitutes the base need for 29 operations. 30 5. $689,659,000 from the general fund to the dedicated highway and 31 bridge trust fund (30050). 32 6. $606,000 from the miscellaneous special revenue fund, accident 33 prevention course program account (22094), to the general fund. 34 7. $6,000 from the miscellaneous special revenue fund, motorcycle 35 safety account (21976), to the general fund. 36 8. $309,250,000 from the general fund to the MTA financial assistance 37 fund, mobility tax trust account (23651). 38 9. $20,000,000 from the mass transportation operating assistance fund, 39 metropolitan mass transportation operating assistance account (21402), 40 to the general debt service fund (40151), for reimbursement of the 41 state's expenses in connection with payments of debt service and related 42 expenses for the metropolitan transportation authority's state service 43 contract bonds. 44 10. $5,000,000 from the miscellaneous special revenue fund, transpor- 45 tation regulation account (22067) to the dedicated highway and bridge 46 trust fund (30050), for disbursements made from such fund for motor 47 carrier safety that are in excess of the amounts deposited in the dedi- 48 cated highway and bridge trust fund (30050) for such purpose pursuant to 49 section 94 of the transportation law. 50 11. $115,826,600 from the mass transportation operating assistance 51 fund, metropolitan mass transportation operating assistance account 52 (21402), to the transit assistance for capital investments fund, metro- 53 politan transit assistance for capital investments account, for 54 disbursements made from such fund pursuant to a chapter of the laws of 55 2015. 56 Miscellaneous: S. 4205 31 1 1. $200,000,000 from the general fund to any funds or accounts for the 2 purpose of reimbursing certain outstanding accounts receivable balances. 3 2. $1,000,000,000 from the general fund to the debt reduction reserve 4 fund (40000). 5 3. $450,000,000 from the New York state storm recovery capital fund 6 (33000) to the revenue bond tax fund (40152). 7 4. $15,500,000 from the general fund, community projects account GG 8 (10256), to the general fund, state purposes account (10050). 9 S 3. Notwithstanding any law to the contrary, and in accordance with 10 section 4 of the state finance law, the comptroller is hereby authorized 11 and directed to transfer, on or before March 31, 2016: 12 1. Upon request of the commissioner of environmental conservation, up 13 to $11,354,000 from revenues credited to any of the department of envi- 14 ronmental conservation special revenue funds, including $3,285,400 from 15 the environmental protection and oil spill compensation fund (21200), 16 and $1,779,600 from the conservation fund (21150), to the environmental 17 conservation special revenue fund, indirect charges account (21060). 18 2. Upon request of the commissioner of agriculture and markets, up to 19 $3,000,000 from any special revenue fund or enterprise fund within the 20 department of agriculture and markets to the general fund, to pay appro- 21 priate administrative expenses. 22 3. Upon request of the commissioner of agriculture and markets, up to 23 $2,000,000 from the state exposition special fund, state fair receipts 24 account (50051) to the miscellaneous capital projects fund, state fair 25 capital improvement account (32208). 26 4. Upon request of the commissioner of the division of housing and 27 community renewal, up to $6,221,000 from revenues credited to any divi- 28 sion of housing and community renewal federal or miscellaneous special 29 revenue fund to the miscellaneous special revenue fund, housing indirect 30 cost recovery account (22090). 31 5. Upon request of the commissioner of the division of housing and 32 community renewal, up to $5,500,000 may be transferred from any miscel- 33 laneous special revenue fund account, to any miscellaneous special 34 revenue fund. 35 6. Upon request of the commissioner of health up to $5,000,000 from 36 revenues credited to any of the department of health's special revenue 37 funds, to the miscellaneous special revenue fund, administration account 38 (21982). 39 S 4. On or before March 31, 2016, the comptroller is hereby authorized 40 and directed to deposit earnings that would otherwise accrue to the 41 general fund that are attributable to the operation of section 98-a of 42 the state finance law, to the agencies internal service fund, banking 43 services account (55057), for the purpose of meeting direct payments 44 from such account. 45 S 5. Notwithstanding any law to the contrary, upon the direction of 46 the director of the budget and upon requisition by the state university 47 of New York, the dormitory authority of the state of New York is 48 directed to transfer, up to $22,000,000 in revenues generated from the 49 sale of notes or bonds, to the state university of New York for 50 reimbursement of bondable equipment for further transfer to the state's 51 general fund. 52 S 6. Notwithstanding any law to the contrary, and in accordance with 53 section 4 of the state finance law, the comptroller is hereby authorized 54 and directed to transfer, upon request of the director of the budget and 55 upon consultation with the state university chancellor or his or her 56 designee, on or before March 31, 2016, up to $16,000,000 from the state S. 4205 32 1 university income fund general revenue account (22653) to the state 2 general fund for debt service costs related to campus supported capital 3 project costs for the NY-SUNY 2020 challenge grant program at the 4 University at Buffalo. 5 S 7. Notwithstanding any law to the contrary, and in accordance with 6 section 4 of the state finance law, the comptroller is hereby authorized 7 and directed to transfer, upon request of the director of the budget and 8 upon consultation with the state university chancellor or his or her 9 designee, on or before March 31, 2016, up to $6,500,000 from the state 10 university income fund general revenue account (22653) to the state 11 general fund for debt service costs related to campus supported capital 12 project costs for the NY-SUNY 2020 challenge grant program at the 13 University at Albany. 14 S 8. Notwithstanding any law to the contrary, the state university 15 chancellor or his or her designee is authorized and directed to transfer 16 estimated tuition revenue balances from the state university collection 17 fund (61000) to the state university income fund, state university 18 general revenue offset account (22655) on or before March 31, 2016. 19 S 9. Notwithstanding any law to the contrary, and in accordance with 20 section 4 of the state finance law, the comptroller is hereby authorized 21 and directed to transfer, upon request of the director of the budget, up 22 to $87,764,000 from the general fund to the state university income 23 fund, state university hospitals income reimbursable account (22656) 24 during the period July 1, 2015 through June 30, 2016 to reflect ongoing 25 state subsidy of SUNY hospitals and to pay costs attributable to the 26 SUNY hospitals' state agency status. 27 S 10. Notwithstanding any law to the contrary, and in accordance with 28 section 4 of the state finance law, the comptroller is hereby authorized 29 and directed to transfer, upon request of the director of the budget, up 30 to $987,050,300 from the general fund to the state university income 31 fund, state university general revenue offset account (22655) during the 32 period of July 1, 2015 through June 30, 2016 to support operations at 33 the state university. 34 S 11. Notwithstanding any law to the contrary, and in accordance with 35 section 4 of the state finance law, the comptroller is hereby authorized 36 and directed to transfer, upon request of the director of the budget, up 37 to $3,370,000 from the general fund to the state university income fund, 38 state university general revenue offset account (22655) during the peri- 39 od of April 1, 2015 through June 30, 2015 to support operations at the 40 state university. 41 S 12. Notwithstanding any law to the contrary, and in accordance with 42 section 4 of the state finance law, the comptroller is hereby authorized 43 and directed to transfer, upon request of the state university chancel- 44 lor or his or her designee, up to $55,000,000 from the state university 45 income fund, state university hospitals income reimbursable account 46 (22656), for services and expenses of hospital operations and capital 47 expenditures at the state university hospitals; and the state university 48 income fund, Long Island veterans' home account (22652) to the state 49 university capital projects fund (32400) on or before June 30, 2016. 50 S 13. Notwithstanding any law to the contrary, and in accordance with 51 section 4 of the state finance law, the comptroller, after consultation 52 with the state university chancellor or his or her designee, is hereby 53 authorized and directed to transfer moneys, in the first instance, from 54 the state university collection fund, Stony Brook hospital collection 55 account (61006), Brooklyn hospital collection account (61007), and Syra- 56 cuse hospital collection account (61008) to the state university income S. 4205 33 1 fund, state university hospitals income reimbursable account (22656) in 2 the event insufficient funds are available in the state university 3 income fund, state university hospitals income reimbursable account 4 (22656) to permit the full transfer of moneys authorized for transfer, 5 to the general fund for payment of debt service related to the SUNY 6 hospitals. Notwithstanding any law to the contrary, the comptroller is 7 also hereby authorized and directed, after consultation with the state 8 university chancellor or his or her designee, to transfer moneys from 9 the state university income fund to the state university income fund, 10 state university hospitals income reimbursable account (22656) in the 11 event insufficient funds are available in the state university income 12 fund, state university hospitals income reimbursable account (22656) to 13 pay hospital operating costs or to permit the full transfer of moneys 14 authorized for transfer, to the general fund for payment of debt service 15 related to the SUNY hospitals on or before March 31, 2016. 16 S 14. Notwithstanding any law to the contrary, upon the direction of 17 the director of the budget and the chancellor of the state university of 18 New York or his or her designee, and in accordance with section 4 of the 19 state finance law, the comptroller is hereby authorized and directed to 20 transfer monies from the state university dormitory income fund (40350) 21 to the state university residence hall rehabilitation fund (30100), and 22 from the state university residence hall rehabilitation fund (30100) to 23 the state university dormitory income fund (40350), in a net amount not 24 to exceed $80 million. 25 S 15. Notwithstanding any law to the contrary, and in accordance with 26 section 4 of the state finance law, the comptroller is hereby authorized 27 and directed to transfer monies, upon request of the director of the 28 budget, on or before March 31, 2016, from and to any of the following 29 accounts: the miscellaneous special revenue fund, patient income account 30 (21909), the miscellaneous special revenue fund, mental hygiene program 31 fund account (21907), the miscellaneous special revenue fund, federal 32 salary sharing account (22056), or the general fund in any combination, 33 the aggregate of which shall not exceed $350 million. 34 S 16. Notwithstanding any law to the contrary, and in accordance with 35 section 4 of the state finance law, the comptroller is hereby authorized 36 and directed to transfer, at the request of the director of the budget, 37 up to $500 million from the unencumbered balance of any special revenue 38 fund or account, agency fund or account, internal service fund or 39 account, enterprise fund or account, or any combination of such funds 40 and accounts, to the general fund. The amounts transferred pursuant to 41 this authorization shall be in addition to any other transfers expressly 42 authorized in the 2015-16 budget. Transfers from federal funds, debt 43 service funds, capital projects funds, the community projects fund, or 44 funds that would result in the loss of eligibility for federal benefits 45 or federal funds pursuant to federal law, rule, or regulation as assent- 46 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of 47 1951 are not permitted pursuant to this authorization. 48 S 17. Notwithstanding any law to the contrary, and in accordance with 49 section 4 of the state finance law, the comptroller is hereby authorized 50 and directed to transfer, at the request of the director of the budget, 51 up to $100 million from any non-general fund or account, or combination 52 of funds and accounts, to the miscellaneous special revenue fund, tech- 53 nology financing account (22207) or the miscellaneous capital projects 54 fund, information technology capital financing account (32215), for the 55 purpose of consolidating technology procurement and services. The 56 amounts transferred to the miscellaneous special revenue fund, technolo- S. 4205 34 1 gy financing account (22207) pursuant to this authorization shall be 2 equal to or less than the amount of such monies intended to support 3 information technology costs which are attributable, according to a 4 plan, to such account made in pursuance to an appropriation by law. 5 Transfers to the technology financing account shall be completed from 6 amounts collected by non-general funds or accounts pursuant to a fund 7 deposit schedule or permanent statute, and shall be transferred to the 8 technology financing account pursuant to a schedule agreed upon by the 9 affected agency commissioner. Transfers from funds that would result in 10 the loss of eligibility for federal benefits or federal funds pursuant 11 to federal law, rule, or regulation as assented to in chapter 683 of the 12 laws of 1938 and chapter 700 of the laws of 1951 are not permitted 13 pursuant to this authorization. 14 S 18. Notwithstanding any law to the contrary, and in accordance with 15 section 4 of the state finance law, the comptroller is hereby authorized 16 and directed to transfer, at the request of the director of the budget, 17 up to $300 million from any non-general fund or account, or combination 18 of funds and accounts, to the general fund for the purpose of consol- 19 idating technology procurement and services. The amounts transferred 20 pursuant to this authorization shall be equal to or less than the amount 21 of such monies intended to support information technology costs which 22 are attributable, according to a plan, to such account made in pursuance 23 to an appropriation by law. Transfers to the general fund shall be 24 completed from amounts collected by non-general funds or accounts pursu- 25 ant to a fund deposit schedule. Transfers from funds that would result 26 in the loss of eligibility for federal benefits or federal funds pursu- 27 ant to federal law, rule, or regulation as assented to in chapter 683 of 28 the laws of 1938 and chapter 700 of the laws of 1951 are not permitted 29 pursuant to this authorization. 30 S 19. Notwithstanding any provision of law to the contrary, as deemed 31 feasible and advisable by its trustees, the power authority of the state 32 of New York is authorized and directed to (i) make a contribution to the 33 state treasury to the credit of the general fund, or as otherwise 34 directed in writing by the director of the budget, in an amount of up to 35 $90,000,000 for the state fiscal year commencing April 1, 2015, the 36 proceeds of which will be utilized to support energy-related initiatives 37 of the state, or for economic development purposes, and (ii) transfer up 38 to $25,000,000 of any such contribution by June 30, 2015 and the remain- 39 der of any such contribution by March 31, 2016. 40 S 20. Notwithstanding any provision of law, rule or regulation to the 41 contrary, the New York State energy research and development authority 42 is authorized and directed to make a contribution to the state treasury 43 to the credit of the general fund in the amount of $64,000,000 from 44 proceeds collected by the authority from the auction or sale of carbon 45 dioxide emission allowances allocated by the department of environmental 46 conservation under the Regional Greenhouse Gas Initiative on or before 47 March 31, 2016. No less than $49,000,000 of this amount will be trans- 48 ferred to the credit of the environmental protection fund on or before 49 March 31, 2016 for the purpose of financing projects or initiatives 50 designed to lessen New York state's overall greenhouse gas footprint. 51 Preference for projects or initiatives to receive this funding will be 52 given to cities and towns within New York state where such greenhouse 53 emissions that result in carbon dioxide emission allowances are gener- 54 ated. Commitments for these projects will be provided to the public 55 service commission and the director of the budget on or before December 56 31, 2015. S. 4205 35 1 S 21. Subdivision 5 of section 97-rrr of the state finance law, as 2 amended by section 20 of part I of chapter 55 of the laws of 2014, is 3 amended to read as follows: 4 5. Notwithstanding the provisions of section one hundred seventy-one-a 5 of the tax law, as separately amended by chapters four hundred eighty- 6 one and four hundred eighty-four of the laws of nineteen hundred eight- 7 y-one, and notwithstanding the provisions of chapter ninety-four of the 8 laws of two thousand eleven, or any other provisions of law to the 9 contrary, during the fiscal year beginning April first, two thousand 10 [fourteen] FIFTEEN, the state comptroller is hereby authorized and 11 directed to deposit to the fund created pursuant to this section from 12 amounts collected pursuant to article twenty-two of the tax law and 13 pursuant to a schedule submitted by the director of the budget, up to 14 [$3,429,375,000] $3,230,679,000, as may be certified in such schedule as 15 necessary to meet the purposes of such fund for the fiscal year begin- 16 ning April first, two thousand [fourteen] FIFTEEN. 17 S 22. The comptroller is authorized and directed to deposit to the 18 general fund-state purposes account reimbursements from moneys appropri- 19 ated or reappropriated to the correctional facilities capital improve- 20 ment fund by a chapter of the laws of 2015. Reimbursements shall be 21 available for spending from appropriations made to the department of 22 corrections and community supervision in the general fund-state purposes 23 accounts by a chapter of the laws of 2015 for costs associated with the 24 administration and security of capital projects and for other costs 25 which are attributable, according to a plan, to such capital projects. 26 S 23. Notwithstanding any other law, rule, or regulation to the 27 contrary, the state comptroller is hereby authorized and directed to use 28 any balance remaining in the mental health services fund debt service 29 appropriation, after payment by the state comptroller of all obligations 30 required pursuant to any lease, sublease, or other financing arrangement 31 between the dormitory authority of the state of New York as successor to 32 the New York state medical care facilities finance agency, and the 33 facilities development corporation pursuant to chapter 83 of the laws of 34 1995 and the department of mental hygiene for the purpose of making 35 payments to the dormitory authority of the state of New York for the 36 amount of the earnings for the investment of monies deposited in the 37 mental health services fund that such agency determines will or may have 38 to be rebated to the federal government pursuant to the provisions of 39 the internal revenue code of 1986, as amended, in order to enable such 40 agency to maintain the exemption from federal income taxation on the 41 interest paid to the holders of such agency's mental services facilities 42 improvement revenue bonds. Annually on or before each June 30th, such 43 agency shall certify to the state comptroller its determination of the 44 amounts received in the mental health services fund as a result of the 45 investment of monies deposited therein that will or may have to be 46 rebated to the federal government pursuant to the provisions of the 47 internal revenue code of 1986, as amended. 48 S 24. Subdivision 8 of section 68-b of the state finance law, as 49 amended by section 44 of part HH of chapter 57 of the laws of 2013, is 50 amended to read as follows: 51 8. Revenue bonds may only be issued for authorized purposes, as 52 defined in section sixty-eight-a of this article. Notwithstanding the 53 foregoing, [the dormitory authority of the state of New York and the 54 urban development corporation] ANY AUTHORIZED ISSUER may issue revenue 55 bonds for any authorized purpose [of any other such authorized issuer 56 through March thirty-first, two thousand fifteen]. The authorized S. 4205 36 1 issuers shall not issue any revenue bonds in an amount in excess of 2 statutory authorizations for such authorized purposes. Authorizations 3 for such authorized purposes shall be reduced in an amount equal to the 4 amount of revenue bonds issued for such authorized purposes under this 5 article. Such reduction shall not be made in relation to revenue bonds 6 issued to fund reserve funds, if any, and costs of issuance, if these 7 items are not counted under existing authorizations, nor shall revenue 8 bonds issued to refund bonds issued under existing authorizations reduce 9 the amount of such authorizations. 10 S 25. Subdivision 1 of section 47 of section 1 of chapter 174 of the 11 laws of 1968, constituting the New York state urban development corpo- 12 ration act, as amended by section 28 of part I of chapter 55 of the laws 13 of 2014, is amended to read as follows: 14 1. Notwithstanding the provisions of any other law to the contrary, 15 the dormitory authority and the corporation are hereby authorized to 16 issue bonds or notes in one or more series for the purpose of funding 17 project costs for the office of information technology services, depart- 18 ment of law, and other state costs associated with such capital 19 projects. The aggregate principal amount of bonds authorized to be 20 issued pursuant to this section shall not exceed [one] TWO hundred 21 [eighty-two] SIXTY-NINE million [four] ONE hundred forty thousand 22 dollars, excluding bonds issued to fund one or more debt service reserve 23 funds, to pay costs of issuance of such bonds, and bonds or notes issued 24 to refund or otherwise repay such bonds or notes previously issued. Such 25 bonds and notes of the dormitory authority and the corporation shall not 26 be a debt of the state, and the state shall not be liable thereon, nor 27 shall they be payable out of any funds other than those appropriated by 28 the state to the dormitory authority and the corporation for principal, 29 interest, and related expenses pursuant to a service contract and such 30 bonds and notes shall contain on the face thereof a statement to such 31 effect. Except for purposes of complying with the internal revenue code, 32 any interest income earned on bond proceeds shall only be used to pay 33 debt service on such bonds. 34 S 26. Section 1 of chapter 174 of the laws of 1968, constituting the 35 New York state urban development corporation act, is amended by adding a 36 new section 51 to read as follows: 37 S 51. 1. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE 38 CONTRARY, THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION 39 ARE HEREBY AUTHORIZED TO ISSUE BONDS OR NOTES IN ONE OR MORE SERIES FOR 40 THE PURPOSE OF FUNDING PROJECT COSTS FOR THE NONPROFIT INFRASTRUCTURE 41 CAPITAL INVESTMENT PROGRAM AND OTHER STATE COSTS ASSOCIATED WITH SUCH 42 CAPITAL PROJECTS. THE AGGREGATE PRINCIPAL AMOUNT OF BONDS AUTHORIZED TO 43 BE ISSUED PURSUANT TO THIS SECTION SHALL NOT EXCEED FIFTY MILLION 44 DOLLARS, EXCLUDING BONDS ISSUED TO FUND ONE OR MORE DEBT SERVICE RESERVE 45 FUNDS, TO PAY COSTS OF ISSUANCE OF SUCH BONDS, AND BONDS OR NOTES ISSUED 46 TO REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED. SUCH 47 BONDS AND NOTES OF THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT 48 CORPORATION SHALL NOT BE A DEBT OF THE STATE, AND THE STATE SHALL NOT BE 49 LIABLE THEREON, NOR SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN 50 THOSE APPROPRIATED BY THE STATE TO THE DORMITORY AUTHORITY AND THE URBAN 51 DEVELOPMENT CORPORATION FOR PRINCIPAL, INTEREST, AND RELATED EXPENSES 52 PURSUANT TO A SERVICE CONTRACT AND SUCH BONDS AND NOTES SHALL CONTAIN ON 53 THE FACE THEREOF A STATEMENT TO SUCH EFFECT. EXCEPT FOR PURPOSES OF 54 COMPLYING WITH THE INTERNAL REVENUE CODE, ANY INTEREST INCOME EARNED ON 55 BOND PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS. S. 4205 37 1 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN 2 ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO- 3 RATION IN UNDERTAKING THE FINANCING FOR PROJECT COSTS FOR THE NONPROFIT 4 INFRASTRUCTURE CAPITAL INVESTMENT PROGRAM AND OTHER STATE COSTS ASSOCI- 5 ATED WITH SUCH CAPITAL PROJECTS, THE DIRECTOR OF THE BUDGET IS HEREBY 6 AUTHORIZED TO ENTER INTO ONE OR MORE SERVICE CONTRACTS WITH THE DORMITO- 7 RY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION, NONE OF WHICH SHALL 8 EXCEED THIRTY YEARS IN DURATION, UPON SUCH TERMS AND CONDITIONS AS THE 9 DIRECTOR OF THE BUDGET AND THE DORMITORY AUTHORITY AND THE URBAN DEVEL- 10 OPMENT CORPORATION AGREE, SO AS TO ANNUALLY PROVIDE TO THE DORMITORY 11 AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION, IN THE AGGREGATE, A SUM 12 NOT TO EXCEED THE PRINCIPAL, INTEREST, AND RELATED EXPENSES REQUIRED FOR 13 SUCH BONDS AND NOTES. ANY SERVICE CONTRACT ENTERED INTO PURSUANT TO THIS 14 SECTION SHALL PROVIDE THAT THE OBLIGATION OF THE STATE TO PAY THE AMOUNT 15 THEREIN PROVIDED SHALL NOT CONSTITUTE A DEBT OF THE STATE WITHIN THE 16 MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED 17 EXECUTORY ONLY TO THE EXTENT OF MONIES AVAILABLE AND THAT NO LIABILITY 18 SHALL BE INCURRED BY THE STATE BEYOND THE MONIES AVAILABLE FOR SUCH 19 PURPOSE, SUBJECT TO ANNUAL APPROPRIATION BY THE LEGISLATURE. ANY SUCH 20 CONTRACT OR ANY PAYMENTS MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED 21 AND PLEDGED BY THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO- 22 RATION AS SECURITY FOR ITS BONDS AND NOTES, AS AUTHORIZED BY THIS 23 SECTION. 24 S 27. Subdivision 1 of section 16 of part D of chapter 389 of the laws 25 of 1997, relating to the financing of the correctional facilities 26 improvement fund and the youth facility improvement fund, as amended by 27 section 29 of part I of chapter 55 of the laws of 2014, is amended to 28 read as follows: 29 1. Subject to the provisions of chapter 59 of the laws of 2000, but 30 notwithstanding the provisions of section 18 of section 1 of chapter 174 31 of the laws of 1968, the New York state urban development corporation is 32 hereby authorized to issue bonds, notes and other obligations in an 33 aggregate principal amount not to exceed seven billion one hundred 34 [forty-eight] SIXTY-THREE million THREE HUNDRED sixty-nine thousand 35 dollars [$7,148,069,000] $7,163,369,000, and shall include all bonds, 36 notes and other obligations issued pursuant to chapter 56 of the laws of 37 1983, as amended or supplemented. The proceeds of such bonds, notes or 38 other obligations shall be paid to the state, for deposit in the correc- 39 tional facilities capital improvement fund to pay for all or any portion 40 of the amount or amounts paid by the state from appropriations or reap- 41 propriations made to the department of corrections and community super- 42 vision from the correctional facilities capital improvement fund for 43 capital projects. The aggregate amount of bonds, notes or other obli- 44 gations authorized to be issued pursuant to this section shall exclude 45 bonds, notes or other obligations issued to refund or otherwise repay 46 bonds, notes or other obligations theretofore issued, the proceeds of 47 which were paid to the state for all or a portion of the amounts 48 expended by the state from appropriations or reappropriations made to 49 the department of corrections and community supervision; provided, 50 however, that upon any such refunding or repayment the total aggregate 51 principal amount of outstanding bonds, notes or other obligations may be 52 greater than seven billion one hundred [forty-eight] SIXTY-THREE million 53 THREE HUNDRED sixty-nine thousand dollars [$7,148,069,000] 54 $7,163,369,000, only if the present value of the aggregate debt service 55 of the refunding or repayment bonds, notes or other obligations to be 56 issued shall not exceed the present value of the aggregate debt service S. 4205 38 1 of the bonds, notes or other obligations so to be refunded or repaid. 2 For the purposes hereof, the present value of the aggregate debt service 3 of the refunding or repayment bonds, notes or other obligations and of 4 the aggregate debt service of the bonds, notes or other obligations so 5 refunded or repaid, shall be calculated by utilizing the effective 6 interest rate of the refunding or repayment bonds, notes or other obli- 7 gations, which shall be that rate arrived at by doubling the semi-annual 8 interest rate (compounded semi-annually) necessary to discount the debt 9 service payments on the refunding or repayment bonds, notes or other 10 obligations from the payment dates thereof to the date of issue of the 11 refunding or repayment bonds, notes or other obligations and to the 12 price bid including estimated accrued interest or proceeds received by 13 the corporation including estimated accrued interest from the sale ther- 14 eof. 15 S 28. Paragraph (a) of subdivision 2 of section 47-e of the private 16 housing finance law, as amended by section 30 of part I of chapter 55 of 17 the laws of 2014, is amended to read as follows: 18 (a) Subject to the provisions of chapter fifty-nine of the laws of two 19 thousand, in order to enhance and encourage the promotion of housing 20 programs and thereby achieve the stated purposes and objectives of such 21 housing programs, the agency shall have the power and is hereby author- 22 ized from time to time to issue negotiable housing program bonds and 23 notes in such principal amount as shall be necessary to provide suffi- 24 cient funds for the repayment of amounts disbursed (and not previously 25 reimbursed) pursuant to law or any prior year making capital appropri- 26 ations or reappropriations for the purposes of the housing program; 27 provided, however, that the agency may issue such bonds and notes in an 28 aggregate principal amount not exceeding [two] THREE billion [nine] ONE 29 hundred [ninety-nine] FIFTY-THREE million SEVEN HUNDRED ninety-nine 30 thousand dollars, plus a principal amount of bonds issued to fund the 31 debt service reserve fund in accordance with the debt service reserve 32 fund requirement established by the agency and to fund any other 33 reserves that the agency reasonably deems necessary for the security or 34 marketability of such bonds and to provide for the payment of fees and 35 other charges and expenses, including underwriters' discount, trustee 36 and rating agency fees, bond insurance, credit enhancement and liquidity 37 enhancement related to the issuance of such bonds and notes. No reserve 38 fund securing the housing program bonds shall be entitled or eligible to 39 receive state funds apportioned or appropriated to maintain or restore 40 such reserve fund at or to a particular level, except to the extent of 41 any deficiency resulting directly or indirectly from a failure of the 42 state to appropriate or pay the agreed amount under any of the contracts 43 provided for in subdivision four of this section. 44 S 29. Subdivision (b) of section 11 of chapter 329 of the laws of 45 1991, amending the state finance law and other laws relating to the 46 establishment of the dedicated highway and bridge trust fund, as amended 47 by section 31 of part I of chapter 55 of the laws of 2014, is amended to 48 read as follows: 49 (b) Any service contract or contracts for projects authorized pursuant 50 to sections 10-c, 10-f, 10-g and 80-b of the highway law and section 51 14-k of the transportation law, and entered into pursuant to subdivision 52 (a) of this section, shall provide for state commitments to provide 53 annually to the thruway authority a sum or sums, upon such terms and 54 conditions as shall be deemed appropriate by the director of the budget, 55 to fund, or fund the debt service requirements of any bonds or any obli- 56 gations of the thruway authority issued to fund or to reimburse the S. 4205 39 1 state for funding such projects having a cost not in excess of 2 [$8,120,728,000] $8,608,881,000 cumulatively by the end of fiscal year 3 [2014-15] 2015-16. 4 S 30. Subdivision 1 of section 1689-i of the public authorities law, 5 as amended by section 32 of part I of chapter 55 of the laws of 2014, is 6 amended to read as follows: 7 1. The dormitory authority is authorized to issue bonds, at the 8 request of the commissioner of education, to finance eligible library 9 construction projects pursuant to section two hundred seventy-three-a of 10 the education law, in amounts certified by such commissioner not to 11 exceed a total principal amount of [one hundred twenty-six] ONE HUNDRED 12 FORTY million dollars. 13 S 31. Subdivision (a) of section 27 of part Y of chapter 61 of the 14 laws of 2005, providing for the administration of certain funds and 15 accounts related to the 2005-2006 budget, as amended by section 33 of 16 part I of chapter 55 of the laws of 2014, is amended to read as follows: 17 (a) Subject to the provisions of chapter 59 of the laws of 2000, but 18 notwithstanding any provisions of law to the contrary, the urban devel- 19 opment corporation is hereby authorized to issue bonds or notes in one 20 or more series in an aggregate principal amount not to exceed 21 [$149,600,000] $155,600,000, excluding bonds issued to finance one or 22 more debt service reserve funds, to pay costs of issuance of such bonds, 23 and bonds or notes issued to refund or otherwise repay such bonds or 24 notes previously issued, for the purpose of financing capital projects 25 including IT initiatives for the division of state police, debt service 26 and leases; and to reimburse the state general fund for disbursements 27 made therefor. Such bonds and notes of such authorized issuer shall not 28 be a debt of the state, and the state shall not be liable thereon, nor 29 shall they be payable out of any funds other than those appropriated by 30 the state to such authorized issuer for debt service and related 31 expenses pursuant to any service contract executed pursuant to subdivi- 32 sion (b) of this section and such bonds and notes shall contain on the 33 face thereof a statement to such effect. Except for purposes of comply- 34 ing with the internal revenue code, any interest income earned on bond 35 proceeds shall only be used to pay debt service on such bonds. 36 S 32. Section 44 of section 1 of chapter 174 of the laws of 1968, 37 constituting the New York state urban development corporation act, as 38 amended by section 34 of part I of chapter 55 of the laws of 2014, is 39 amended to read as follows: 40 S 44. Issuance of certain bonds or notes. 1. Notwithstanding the 41 provisions of any other law to the contrary, the dormitory authority and 42 the corporation are hereby authorized to issue bonds or notes in one or 43 more series for the purpose of funding project costs for the regional 44 economic development council initiative, the economic transformation 45 program, state university of New York college for nanoscale and science 46 engineering, projects within the city of Buffalo or surrounding envi- 47 rons, the New York works economic development fund, projects for the 48 retention of professional football in western New York, the empire state 49 economic development fund, the clarkson-trudeau partnership, the New 50 York genome center, the cornell university college of veterinary medi- 51 cine, the olympic regional development authority, a project at nano 52 Utica, onondaga county revitalization projects, BINGHAMTON UNIVERSITY 53 SCHOOL OF PHARMACY, NEW YORK POWER ELECTRONICS MANUFACTURING CONSORTIUM, 54 and other state costs associated with such projects. The aggregate prin- 55 cipal amount of bonds authorized to be issued pursuant to this section 56 shall not exceed two billion [two] FOUR hundred [three] EIGHTY-EIGHT S. 4205 40 1 million two hundred fifty-seven thousand dollars, excluding bonds issued 2 to fund one or more debt service reserve funds, to pay costs of issuance 3 of such bonds, and bonds or notes issued to refund or otherwise repay 4 such bonds or notes previously issued. Such bonds and notes of the 5 dormitory authority and the corporation shall not be a debt of the 6 state, and the state shall not be liable thereon, nor shall they be 7 payable out of any funds other than those appropriated by the state to 8 the dormitory authority and the corporation for principal, interest, and 9 related expenses pursuant to a service contract and such bonds and notes 10 shall contain on the face thereof a statement to such effect. Except for 11 purposes of complying with the internal revenue code, any interest 12 income earned on bond proceeds shall only be used to pay debt service on 13 such bonds. 14 2. Notwithstanding any other provision of law to the contrary, in 15 order to assist the dormitory authority and the corporation in undertak- 16 ing the financing for project costs for the regional economic develop- 17 ment council initiative, the economic transformation program, state 18 university of New York college for nanoscale and science engineering, 19 projects within the city of Buffalo or surrounding environs, the New 20 York works economic development fund, projects for the retention of 21 professional football in western New York, the empire state economic 22 development fund, the clarkson-trudeau partnership, the New York genome 23 center, the cornell university college of veterinary medicine, the olym- 24 pic regional development authority, a project at nano Utica, onondaga 25 county revitalization projects, BINGHAMTON UNIVERSITY SCHOOL OF PHARMA- 26 CY, NEW YORK POWER ELECTRONICS MANUFACTURING CONSORTIUM, and other state 27 costs associated with such projects, the director of the budget is here- 28 by authorized to enter into one or more service contracts with the 29 dormitory authority and the corporation, none of which shall exceed 30 thirty years in duration, upon such terms and conditions as the director 31 of the budget and the dormitory authority and the corporation agree, so 32 as to annually provide to the dormitory authority and the corporation, 33 in the aggregate, a sum not to exceed the principal, interest, and 34 related expenses required for such bonds and notes. Any service contract 35 entered into pursuant to this section shall provide that the obligation 36 of the state to pay the amount therein provided shall not constitute a 37 debt of the state within the meaning of any constitutional or statutory 38 provision and shall be deemed executory only to the extent of monies 39 available and that no liability shall be incurred by the state beyond 40 the monies available for such purpose, subject to annual appropriation 41 by the legislature. Any such contract or any payments made or to be made 42 thereunder may be assigned and pledged by the dormitory authority and 43 the corporation as security for its bonds and notes, as authorized by 44 this section. 45 S 33. Subdivision 3 of section 1285-p of the public authorities law, 46 as amended by section 35 of part I of chapter 55 of the laws of 2014, is 47 amended to read as follows: 48 3. The maximum amount of bonds that may be issued for the purpose of 49 financing environmental infrastructure projects authorized by this 50 section shall be one billion [three] FIVE hundred [ninety-eight] SEVEN- 51 TY-FIVE million [two] SEVEN hundred sixty thousand dollars, exclusive of 52 bonds issued to fund any debt service reserve funds, pay costs of issu- 53 ance of such bonds, and bonds or notes issued to refund or otherwise 54 repay bonds or notes previously issued. Such bonds and notes of the 55 corporation shall not be a debt of the state, and the state shall not be 56 liable thereon, nor shall they be payable out of any funds other than S. 4205 41 1 those appropriated by the state to the corporation for debt service and 2 related expenses pursuant to any service contracts executed pursuant to 3 subdivision one of this section, and such bonds and notes shall contain 4 on the face thereof a statement to such effect. 5 S 34. Subdivision 1 of section 45 of section 1 of chapter 174 of the 6 laws of 1968, constituting the New York state urban development corpo- 7 ration act, as amended by section 37 of part I of chapter 55 of the laws 8 of 2014, is amended to read as follows: 9 1. Notwithstanding the provisions of any other law to the contrary, 10 the urban development corporation of the state of New York is hereby 11 authorized to issue bonds or notes in one or more series for the purpose 12 of funding project costs for the implementation of a NY-SUNY and NY-CUNY 13 2020 challenge grant program subject to the approval of a NY-SUNY and 14 NY-CUNY 2020 plan or plans by the governor and either the chancellor of 15 the state university of New York or the chancellor of the city universi- 16 ty of New York, as applicable. The aggregate principal amount of bonds 17 authorized to be issued pursuant to this section shall not exceed 18 [$330,000,000] $440,000,000, excluding bonds issued to fund one or more 19 debt service reserve funds, to pay costs of issuance of such bonds, and 20 bonds or notes issued to refund or otherwise repay such bonds or notes 21 previously issued. Such bonds and notes of the corporation shall not be 22 a debt of the state, and the state shall not be liable thereon, nor 23 shall they be payable out of any funds other than those appropriated by 24 the state to the corporation for principal, interest, and related 25 expenses pursuant to a service contract and such bonds and notes shall 26 contain on the face thereof a statement to such effect. Except for 27 purposes of complying with the internal revenue code, any interest 28 income earned on bond proceeds shall only be used to pay debt service on 29 such bonds. 30 S 35. Subdivision (a) of section 48 of part K of chapter 81 of the 31 laws of 2002, providing for the administration of certain funds and 32 accounts related to the 2002-2003 budget, as amended by section 38 of 33 part I of chapter 55 of the laws of 2014, is amended to read as follows: 34 (a) Subject to the provisions of chapter 59 of the laws of 2000 but 35 notwithstanding the provisions of section 18 of the urban development 36 corporation act, the corporation is hereby authorized to issue bonds or 37 notes in one or more series in an aggregate principal amount not to 38 exceed $197,000,000 excluding bonds issued to fund one or more debt 39 service reserve funds, to pay costs of issuance of such bonds, and bonds 40 or notes issued to refund or otherwise repay such bonds or notes previ- 41 ously issued, for the purpose of financing capital costs related to 42 homeland security and training facilities for the division of state 43 police, the division of military and naval affairs, and any other state 44 agency, including the reimbursement of any disbursements made from the 45 state capital projects fund, and is hereby authorized to issue bonds or 46 notes in one or more series in an aggregate principal amount not to 47 exceed [$317,800,000] $469,800,000, excluding bonds issued to fund one 48 or more debt service reserve funds, to pay costs of issuance of such 49 bonds, and bonds or notes issued to refund or otherwise repay such bonds 50 or notes previously issued, for the purpose of financing improvements to 51 State office buildings and other facilities located statewide, including 52 the reimbursement of any disbursements made from the state capital 53 projects fund. Such bonds and notes of the corporation shall not be a 54 debt of the state, and the state shall not be liable thereon, nor shall 55 they be payable out of any funds other than those appropriated by the 56 state to the corporation for debt service and related expenses pursuant S. 4205 42 1 to any service contracts executed pursuant to subdivision (b) of this 2 section, and such bonds and notes shall contain on the face thereof a 3 statement to such effect. 4 S 36. Intentionally omitted. 5 S 37. Paragraph (c) of subdivision 19 of section 1680 of the public 6 authorities law, as amended by section 40 of part I of chapter 55 of the 7 laws of 2014, is amended to read as follows: 8 (c) Subject to the provisions of chapter fifty-nine of the laws of two 9 thousand, the dormitory authority shall not issue any bonds for state 10 university educational facilities purposes if the principal amount of 11 bonds to be issued when added to the aggregate principal amount of bonds 12 issued by the dormitory authority on and after July first, nineteen 13 hundred eighty-eight for state university educational facilities will 14 exceed [ten] ELEVEN billion [nine] TWO hundred [eighty-four] 15 TWENTY-EIGHT million dollars; provided, however, that bonds issued or to 16 be issued shall be excluded from such limitation if: (1) such bonds are 17 issued to refund state university construction bonds and state universi- 18 ty construction notes previously issued by the housing finance agency; 19 or (2) such bonds are issued to refund bonds of the authority or other 20 obligations issued for state university educational facilities purposes 21 and the present value of the aggregate debt service on the refunding 22 bonds does not exceed the present value of the aggregate debt service on 23 the bonds refunded thereby; provided, further that upon certification by 24 the director of the budget that the issuance of refunding bonds or other 25 obligations issued between April first, nineteen hundred ninety-two and 26 March thirty-first, nineteen hundred ninety-three will generate long 27 term economic benefits to the state, as assessed on a present value 28 basis, such issuance will be deemed to have met the present value test 29 noted above. For purposes of this subdivision, the present value of the 30 aggregate debt service of the refunding bonds and the aggregate debt 31 service of the bonds refunded, shall be calculated by utilizing the true 32 interest cost of the refunding bonds, which shall be that rate arrived 33 at by doubling the semi-annual interest rate (compounded semi-annually) 34 necessary to discount the debt service payments on the refunding bonds 35 from the payment dates thereof to the date of issue of the refunding 36 bonds to the purchase price of the refunding bonds, including interest 37 accrued thereon prior to the issuance thereof. The maturity of such 38 bonds, other than bonds issued to refund outstanding bonds, shall not 39 exceed the weighted average economic life, as certified by the state 40 university construction fund, of the facilities in connection with which 41 the bonds are issued, and in any case not later than the earlier of 42 thirty years or the expiration of the term of any lease, sublease or 43 other agreement relating thereto; provided that no note, including 44 renewals thereof, shall mature later than five years after the date of 45 issuance of such note. The legislature reserves the right to amend or 46 repeal such limit, and the state of New York, the dormitory authority, 47 the state university of New York, and the state university construction 48 fund are prohibited from covenanting or making any other agreements with 49 or for the benefit of bondholders which might in any way affect such 50 right. 51 S 38. Paragraph (c) of subdivision 14 of section 1680 of the public 52 authorities law, as amended by section 41 of part I of chapter 55 of the 53 laws of 2014, is amended to read as follows: 54 (c) Subject to the provisions of chapter fifty-nine of the laws of two 55 thousand, (i) the dormitory authority shall not deliver a series of 56 bonds for city university community college facilities, except to refund S. 4205 43 1 or to be substituted for or in lieu of other bonds in relation to city 2 university community college facilities pursuant to a resolution of the 3 dormitory authority adopted before July first, nineteen hundred eighty- 4 five or any resolution supplemental thereto, if the principal amount of 5 bonds so to be issued when added to all principal amounts of bonds 6 previously issued by the dormitory authority for city university commu- 7 nity college facilities, except to refund or to be substituted in lieu 8 of other bonds in relation to city university community college facili- 9 ties will exceed the sum of four hundred twenty-five million dollars and 10 (ii) the dormitory authority shall not deliver a series of bonds issued 11 for city university facilities, including community college facilities, 12 pursuant to a resolution of the dormitory authority adopted on or after 13 July first, nineteen hundred eighty-five, except to refund or to be 14 substituted for or in lieu of other bonds in relation to city university 15 facilities and except for bonds issued pursuant to a resolution supple- 16 mental to a resolution of the dormitory authority adopted prior to July 17 first, nineteen hundred eighty-five, if the principal amount of bonds so 18 to be issued when added to the principal amount of bonds previously 19 issued pursuant to any such resolution, except bonds issued to refund or 20 to be substituted for or in lieu of other bonds in relation to city 21 university facilities, will exceed seven billion [two] THREE hundred 22 [seventy-three] NINETY-TWO million [three] SEVEN hundred [thirty-one] 23 FIFTY-THREE thousand dollars. The legislature reserves the right to 24 amend or repeal such limit, and the state of New York, the dormitory 25 authority, the city university, and the fund are prohibited from coven- 26 anting or making any other agreements with or for the benefit of bond- 27 holders which might in any way affect such right. 28 S 39. Subdivision 10-a of section 1680 of the public authorities law, 29 as amended by section 42 of part I of chapter 55 of the laws of 2014, is 30 amended to read as follows: 31 10-a. Subject to the provisions of chapter fifty-nine of the laws of 32 two thousand, but notwithstanding any other provision of the law to the 33 contrary, the maximum amount of bonds and notes to be issued after March 34 thirty-first, two thousand two, on behalf of the state, in relation to 35 any locally sponsored community college, shall be [seven] EIGHT hundred 36 [seventy-six] THIRTY-EIGHT million [three] FOUR hundred [five] 37 FIFTY-EIGHT thousand dollars. Such amount shall be exclusive of bonds 38 and notes issued to fund any reserve fund or funds, costs of issuance 39 and to refund any outstanding bonds and notes, issued on behalf of the 40 state, relating to a locally sponsored community college. 41 S 40. Section 1680-r of the public authorities law, as added by 42 section 43 of part I of chapter 55 of the laws of 2014, is amended to 43 read as follows: 44 S 1680-r. Authorization for the issuance of bonds for the capital 45 restructuring financing program. 1. Notwithstanding the provisions of 46 any other law to the contrary, the dormitory authority and the urban 47 development corporation are hereby authorized to issue bonds or notes in 48 one or more series for the purpose of funding project costs for the 49 capital restructuring financing program for health care and related 50 facilities licensed pursuant to the public health law or the mental 51 hygiene law and other state costs associated with such capital projects. 52 The aggregate principal amount of bonds authorized to be issued pursuant 53 to this section shall not exceed one billion [two] NINE hundred million 54 dollars, excluding bonds issued to fund one or more debt service reserve 55 funds, to pay costs of issuance of such bonds, and bonds or notes issued 56 to refund or otherwise repay such bonds or notes previously issued. Such S. 4205 44 1 bonds and notes of the dormitory authority and the urban development 2 corporation shall not be a debt of the state, and the state shall not be 3 liable thereon, nor shall they be payable out of any funds other than 4 those appropriated by the state to the dormitory authority and the urban 5 development corporation for principal, interest, and related expenses 6 pursuant to a service contract and such bonds and notes shall contain on 7 the face thereof a statement to such effect. Except for purposes of 8 complying with the internal revenue code, any interest income earned on 9 bond proceeds shall only be used to pay debt service on such bonds. 10 2. Notwithstanding any other provision of law to the contrary, in 11 order to assist the dormitory authority and the urban development corpo- 12 ration in undertaking the financing for project costs for the capital 13 restructuring financing program for health care and related facilities 14 licensed pursuant to the public health law or the mental hygiene law and 15 other state costs associated with such capital projects, the director of 16 the budget is hereby authorized to enter into one or more service 17 contracts with the dormitory authority and the urban development corpo- 18 ration, none of which shall exceed thirty years in duration, upon such 19 terms and conditions as the director of the budget and the dormitory 20 authority and the urban development corporation agree, so as to annually 21 provide to the dormitory authority and the urban development corpo- 22 ration, in the aggregate, a sum not to exceed the principal, interest, 23 and related expenses required for such bonds and notes. Any service 24 contract entered into pursuant to this section shall provide that the 25 obligation of the state to pay the amount therein provided shall not 26 constitute a debt of the state within the meaning of any constitutional 27 or statutory provision and shall be deemed executory only to the extent 28 of monies available and that no liability shall be incurred by the state 29 beyond the monies available for such purpose, subject to annual appro- 30 priation by the legislature. Any such contract or any payments made or 31 to be made thereunder may be assigned and pledged by the dormitory 32 authority and the urban development corporation as security for its 33 bonds and notes, as authorized by this section. 34 S 41. Subdivision 1 of section 17 of part D of chapter 389 of the laws 35 of 1997, relating to the financing of the correctional facilities 36 improvement fund and the youth facility improvement fund, as amended by 37 section 44 of part I of chapter 55 of the laws of 2014, is amended to 38 read as follows: 39 1. Subject to the provisions of chapter 59 of the laws of 2000, but 40 notwithstanding the provisions of section 18 of section 1 of chapter 174 41 of the laws of 1968, the New York state urban development corporation is 42 hereby authorized to issue bonds, notes and other obligations in an 43 aggregate principal amount not to exceed [four] SIX hundred [sixty-five] 44 ELEVEN million [three] TWO hundred [sixty-five] FIFTEEN thousand dollars 45 [($465,365,000)] ($611,215,000), which authorization increases the 46 aggregate principal amount of bonds, notes and other obligations author- 47 ized by section 40 of chapter 309 of the laws of 1996, and shall include 48 all bonds, notes and other obligations issued pursuant to chapter 211 of 49 the laws of 1990, as amended or supplemented. The proceeds of such 50 bonds, notes or other obligations shall be paid to the state, for depos- 51 it in the youth facilities improvement fund, to pay for all or any 52 portion of the amount or amounts paid by the state from appropriations 53 or reappropriations made to the office of children and family services 54 from the youth facilities improvement fund for capital projects. The 55 aggregate amount of bonds, notes and other obligations authorized to be 56 issued pursuant to this section shall exclude bonds, notes or other S. 4205 45 1 obligations issued to refund or otherwise repay bonds, notes or other 2 obligations theretofore issued, the proceeds of which were paid to the 3 state for all or a portion of the amounts expended by the state from 4 appropriations or reappropriations made to the office of children and 5 family services; provided, however, that upon any such refunding or 6 repayment the total aggregate principal amount of outstanding bonds, 7 notes or other obligations may be greater than [four] SIX hundred 8 [sixty-five] ELEVEN million [three] TWO hundred [sixty-five] FIFTEEN 9 thousand dollars [($465,365,000)] ($611,215,000), only if the present 10 value of the aggregate debt service of the refunding or repayment bonds, 11 notes or other obligations to be issued shall not exceed the present 12 value of the aggregate debt service of the bonds, notes or other obli- 13 gations so to be refunded or repaid. For the purposes hereof, the pres- 14 ent value of the aggregate debt service of the refunding or repayment 15 bonds, notes or other obligations and of the aggregate debt service of 16 the bonds, notes or other obligations so refunded or repaid, shall be 17 calculated by utilizing the effective interest rate of the refunding or 18 repayment bonds, notes or other obligations, which shall be that rate 19 arrived at by doubling the semi-annual interest rate (compounded semi- 20 annually) necessary to discount the debt service payments on the refund- 21 ing or repayment bonds, notes or other obligations from the payment 22 dates thereof to the date of issue of the refunding or repayment bonds, 23 notes or other obligations and to the price bid including estimated 24 accrued interest or proceeds received by the corporation including esti- 25 mated accrued interest from the sale thereof. 26 S 42. Paragraph b of subdivision 2 of section 9-a of section 1 of 27 chapter 392 of the laws of 1973, constituting the New York state medical 28 care facilities finance agency act, as amended by section 46 of part I 29 of chapter 55 of the laws of 2014, is amended to read as follows: 30 b. The agency shall have power and is hereby authorized from time to 31 time to issue negotiable bonds and notes in conformity with applicable 32 provisions of the uniform commercial code in such principal amount as, 33 in the opinion of the agency, shall be necessary, after taking into 34 account other moneys which may be available for the purpose, to provide 35 sufficient funds to the facilities development corporation, or any 36 successor agency, for the financing or refinancing of or for the design, 37 construction, acquisition, reconstruction, rehabilitation or improvement 38 of mental health services facilities pursuant to paragraph a of this 39 subdivision, the payment of interest on mental health services improve- 40 ment bonds and mental health services improvement notes issued for such 41 purposes, the establishment of reserves to secure such bonds and notes, 42 the cost or premium of bond insurance or the costs of any financial 43 mechanisms which may be used to reduce the debt service that would be 44 payable by the agency on its mental health services facilities improve- 45 ment bonds and notes and all other expenditures of the agency incident 46 to and necessary or convenient to providing the facilities development 47 corporation, or any successor agency, with funds for the financing or 48 refinancing of or for any such design, construction, acquisition, recon- 49 struction, rehabilitation or improvement and for the refunding of mental 50 hygiene improvement bonds issued pursuant to section 47-b of the private 51 housing finance law; provided, however, that the agency shall not issue 52 mental health services facilities improvement bonds and mental health 53 services facilities improvement notes in an aggregate principal amount 54 exceeding seven billion [four] SEVEN hundred [thirty-five] TWENTY-TWO 55 million eight hundred fifteen thousand dollars, excluding mental health 56 services facilities improvement bonds and mental health services facili- S. 4205 46 1 ties improvement notes issued to refund outstanding mental health 2 services facilities improvement bonds and mental health services facili- 3 ties improvement notes; provided, however, that upon any such refunding 4 or repayment of mental health services facilities improvement bonds 5 and/or mental health services facilities improvement notes the total 6 aggregate principal amount of outstanding mental health services facili- 7 ties improvement bonds and mental health facilities improvement notes 8 may be greater than seven billion [four] SEVEN hundred [thirty-five] 9 TWENTY-TWO million eight hundred fifteen thousand dollars only if, 10 except as hereinafter provided with respect to mental health services 11 facilities bonds and mental health services facilities notes issued to 12 refund mental hygiene improvement bonds authorized to be issued pursuant 13 to the provisions of section 47-b of the private housing finance law, 14 the present value of the aggregate debt service of the refunding or 15 repayment bonds to be issued shall not exceed the present value of the 16 aggregate debt service of the bonds to be refunded or repaid. For 17 purposes hereof, the present values of the aggregate debt service of the 18 refunding or repayment bonds, notes or other obligations and of the 19 aggregate debt service of the bonds, notes or other obligations so 20 refunded or repaid, shall be calculated by utilizing the effective 21 interest rate of the refunding or repayment bonds, notes or other obli- 22 gations, which shall be that rate arrived at by doubling the semi-annual 23 interest rate (compounded semi-annually) necessary to discount the debt 24 service payments on the refunding or repayment bonds, notes or other 25 obligations from the payment dates thereof to the date of issue of the 26 refunding or repayment bonds, notes or other obligations and to the 27 price bid including estimated accrued interest or proceeds received by 28 the authority including estimated accrued interest from the sale there- 29 of. Such bonds, other than bonds issued to refund outstanding bonds, 30 shall be scheduled to mature over a term not to exceed the average 31 useful life, as certified by the facilities development corporation, of 32 the projects for which the bonds are issued, and in any case shall not 33 exceed thirty years and the maximum maturity of notes or any renewals 34 thereof shall not exceed five years from the date of the original issue 35 of such notes. Notwithstanding the provisions of this section, the agen- 36 cy shall have the power and is hereby authorized to issue mental health 37 services facilities improvement bonds and/or mental health services 38 facilities improvement notes to refund outstanding mental hygiene 39 improvement bonds authorized to be issued pursuant to the provisions of 40 section 47-b of the private housing finance law and the amount of bonds 41 issued or outstanding for such purposes shall not be included for 42 purposes of determining the amount of bonds issued pursuant to this 43 section. The director of the budget shall allocate the aggregate princi- 44 pal authorized to be issued by the agency among the office of mental 45 health, office for people with developmental disabilities, and the 46 office of alcoholism and substance abuse services, in consultation with 47 their respective commissioners to finance bondable appropriations previ- 48 ously approved by the legislature. 49 S 43. Paragraph (b) of subdivision 3 of section 1 and clause (B) of 50 subparagraph (iii) of paragraph (j) of subdivision 4 of section 1 of 51 part D of chapter 63 of the laws of 2005 relating to the composition and 52 responsibilities of the New York state higher education capital matching 53 grant board, as amended by section 46-c of part I of chapter 55 of the 54 laws of 2014, is amended to read as follows: 55 (b) Within amounts appropriated therefor, the board is hereby author- 56 ized and directed to award matching capital grants totaling [180] 210 S. 4205 47 1 million dollars. Each college shall be eligible for a grant award amount 2 as determined by the calculations pursuant to subdivision five of this 3 section. In addition, such colleges shall be eligible to compete for 4 additional funds pursuant to paragraph (h) of subdivision four of this 5 section. 6 (B) The dormitory authority shall not issue any bonds or notes in an 7 amount in excess of [180] 210 million dollars for the purposes of this 8 section; excluding bonds or notes issued to fund one or more debt 9 service reserve funds, to pay costs of issuance of such bonds, and bonds 10 or notes issued to refund or otherwise repay such bonds or notes previ- 11 ously issued. Except for purposes of complying with the internal revenue 12 code, any interest on bond proceeds shall only be used to pay debt 13 service on such bonds. 14 S 44. Section 3 of part B of chapter 56 of the laws of 2014, consti- 15 tuting the smart schools bond act of 2014, is amended to read as 16 follows: 17 S 3. Bonds of the state. (A) The state comptroller is hereby author- 18 ized and empowered to issue and sell bonds of the state up to the aggre- 19 gate amount of two billion dollars ($2,000,000,000) for the purposes of 20 this act, subject to the provisions of article five of the state finance 21 law. The aggregate principal amount of such bonds shall not exceed two 22 billion dollars ($2,000,000,000) excluding bonds issued to refund or 23 otherwise repay bonds heretofore issued for such purpose; provided, 24 however, that upon any such refunding or repayment, the total aggregate 25 principal amount of outstanding bonds may be greater than two billion 26 dollars ($2,000,000,000) only if the present value of the aggregate debt 27 service of the refunding or repayment bonds to be issued shall not 28 exceed the present value of the aggregate debt service of the bonds to 29 be refunded or repaid. The method for calculating present value shall be 30 determined by law. 31 (B) NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION OF LAW TO THE 32 CONTRARY THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION 33 MAY ALSO ISSUE BONDS PURSUANT TO ARTICLE 5-C AND ARTICLE 5-F OF THE 34 STATE FINANCE LAW TO FINANCE SUCH SMART SCHOOLS BOND ACT PURPOSES. ANY 35 BONDS ISSUED PURSUANT TO THIS AUTHORIZATION SHALL BE SUBJECT TO THE SAME 36 AGGREGATE PRINCIPAL LIMITATION CONTAINED IN PARAGRAPH (A) OF THIS 37 SECTION, INCLUDING BONDS OF THE STATE ISSUED BY THE STATE COMPTROLLER, 38 AND ARE OTHERWISE SUBJECT TO ANY AND ALL OF THE PROVISIONS APPLICABLE BY 39 ARTICLE 5-C AND ARTICLE 5-F OF THE STATE FINANCE LAW. 40 S 45. Subdivisions 1 and 3 of section 1285-q of the public authorities 41 law, as added by section 6 of part I of chapter 1 of the laws of 2003, 42 are amended to read as follows: 43 1. Subject to chapter fifty-nine of the laws of two thousand, but 44 notwithstanding any other provisions of law to the contrary, in order to 45 assist the corporation in undertaking the administration and the financ- 46 ing of hazardous waste site remediation projects for payment of the 47 state's share of the costs of the remediation of hazardous waste sites, 48 in accordance with title thirteen of article twenty-seven of the envi- 49 ronmental conservation law and section ninety-seven-b of the state 50 finance law, and for payment of state costs associated with the remedi- 51 ation of offsite contamination at significant threat sites as provided 52 in section 27-1411 of the environmental conservation law, AND BEGINNING 53 IN STATE FISCAL YEAR TWO THOUSAND FIFTEEN - TWO THOUSAND SIXTEEN FOR 54 ENVIRONMENTAL RESTORATION PROJECTS PURSUANT TO TITLE FIVE OF ARTICLE 55 FIFTY-SIX OF THE ENVIRONMENTAL CONSERVATION LAW pursuant to capital 56 appropriations made to the department of environmental conservation, the S. 4205 48 1 director of the division of budget and the corporation are each author- 2 ized to enter into one or more service contracts, none of which shall 3 exceed twenty years in duration, upon such terms and conditions as the 4 director and the corporation may agree, so as to annually provide to the 5 corporation in the aggregate, a sum not to exceed the annual debt 6 service payments and related expenses required for any bonds and notes 7 authorized pursuant to section twelve hundred ninety of this title. Any 8 service contract entered into pursuant to this section shall provide 9 that the obligation of the state to fund or to pay the amounts therein 10 provided for shall not constitute a debt of the state within the meaning 11 of any constitutional or statutory provision and shall be deemed execu- 12 tory only to the extent of moneys available for such purposes, subject 13 to annual appropriation by the legislature. Any such service contract or 14 any payments made or to be made thereunder may be assigned and pledged 15 by the corporation as security for its bonds and notes, as authorized 16 pursuant to section twelve hundred ninety of this title. 17 3. The maximum amount of bonds that may be issued for the purpose of 18 financing hazardous waste site remediation projects AND ENVIRONMENTAL 19 RESTORATION PROJECTS authorized by this section shall not exceed one 20 billion [two] THREE hundred million dollars and shall not exceed one 21 hundred twenty million dollars for appropriations enacted for any state 22 fiscal year, provided that the bonds not issued for such appropriations 23 may be issued pursuant to reappropriation in subsequent fiscal years. 24 [No bonds shall be issued for the repayment of any new appropriation 25 enacted after March thirty-first, two thousand thirteen for hazardous 26 waste site remediation projects authorized by this section.] Amounts 27 authorized to be issued by this section shall be exclusive of bonds 28 issued to fund any debt service reserve funds, pay costs of issuance of 29 such bonds, and bonds or notes issued to refund or otherwise repay bonds 30 or notes previously issued. Such bonds and notes of the corporation 31 shall not be a debt of the state, and the state shall not be liable 32 thereon, nor shall they be payable out of any funds other than those 33 appropriated by this state to the corporation for debt service and 34 related expenses pursuant to any service contracts executed pursuant to 35 subdivision one of this section, and such bonds and notes shall contain 36 on the face thereof a statement to such effect. 37 S 46. Intentionally omitted. 38 S 47. This act shall take effect immediately and shall be deemed to 39 have been in full force and effect on and after April 1, 2015; provided, 40 however, that the provisions of sections one through eight and sections 41 thirteen through twenty of this act shall expire March 31, 2016, when 42 upon such date the provisions of such sections shall be deemed repealed. 43 PART Q 44 Section 1. This act shall be known and may be cited as the "Domestic 45 Violence Protection Act - Brittany's Law". 46 S 2. The penal law is amended by adding two new sections 195.03 and 47 195.04 to read as follows: 48 S 195.03 FAILURE TO REGISTER OR VERIFY AS A VIOLENT FELONY OFFENDER IN 49 THE SECOND DEGREE. 50 A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY AS A VIOLENT FELO- 51 NY OFFENDER IN THE SECOND DEGREE WHEN, BEING A VIOLENT FELONY OFFENDER 52 REQUIRED TO REGISTER OR VERIFY PURSUANT TO ARTICLE SIX-B OF THE 53 CORRECTION LAW, HE OR SHE FAILS TO REGISTER OR VERIFY IN THE MANNER AND 54 WITHIN THE TIME PERIODS PROVIDED FOR IN SUCH ARTICLE. S. 4205 49 1 FAILURE TO REGISTER OR VERIFY AS A VIOLENT FELONY OFFENDER IN THE 2 SECOND DEGREE IS A CLASS E FELONY. 3 S 195.04 FAILURE TO REGISTER OR VERIFY AS A VIOLENT FELONY OFFENDER IN 4 THE FIRST DEGREE. 5 A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY AS A VIOLENT FELO- 6 NY OFFENDER IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF 7 FAILURE TO REGISTER OR VERIFY AS A VIOLENT FELONY OFFENDER IN THE SECOND 8 DEGREE AND HAS PREVIOUSLY BEEN CONVICTED OF FAILURE TO REGISTER OR VERI- 9 FY AS A VIOLENT FELONY OFFENDER IN THE SECOND DEGREE AS DEFINED IN 10 SECTION 195.03 OF THIS ARTICLE. 11 FAILURE TO REGISTER OR VERIFY AS A VIOLENT FELONY OFFENDER IN THE 12 FIRST DEGREE IS A CLASS D FELONY. 13 S 3. The correction law is amended by adding a new article 6-B to read 14 as follows: 15 ARTICLE 6-B 16 VIOLENT FELONY OFFENDER REGISTRATION 17 SECTION 162. DEFINITIONS. 18 163. DUTIES OF THE DIVISION; REGISTRATION INFORMATION. 19 164. VIOLENT FELONY OFFENDER; RELOCATION; NOTIFICATION. 20 165. DUTIES OF THE COURT. 21 166. DISCHARGE OF VIOLENT FELONY OFFENDER FROM CORRECTIONAL 22 FACILITY; DUTIES OF OFFICIAL IN CHARGE. 23 167. DUTY TO REGISTER. 24 167-A. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER. 25 167-B. DURATION OF REGISTRATION. 26 167-C. REGISTRATION REQUIREMENTS. 27 167-D. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE 28 OF ADDRESS. 29 167-E. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE. 30 167-F. BOARD OF EXAMINERS OF VIOLENT FELONY OFFENDERS. 31 167-G. REVIEW. 32 167-H. JUDICIAL DETERMINATION. 33 167-I. PETITION FOR RELIEF. 34 167-J. SPECIAL TELEPHONE NUMBER. 35 167-K. VIOLENT PREDATOR SUBDIRECTORY. 36 167-L. IMMUNITY FROM LIABILITY. 37 167-M. ANNUAL REPORT. 38 167-N. FAILURE TO REGISTER; PENALTY. 39 167-O. UNAUTHORIZED RELEASE OF INFORMATION. 40 167-P. SEVERABILITY. 41 167-Q. SUBDIRECTORY; INTERNET POSTING. 42 S 162. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFINITIONS 43 APPLY: 44 1. "VIOLENT FELONY OFFENDER" INCLUDES ANY PERSON WHO IS CONVICTED OF A 45 VIOLENT FELONY OFFENSE AS DEFINED UNDER SECTION 70.02 OF THE PENAL LAW 46 OR A CLASS A FELONY OFFENSE DEFINED IN THE PENAL LAW OTHER THAN A CLASS 47 A FELONY OFFENSE DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW. 48 CONVICTIONS THAT RESULT FROM OR ARE CONNECTED WITH THE SAME ACT, OR 49 RESULT FROM OFFENSES COMMITTED AT THE SAME TIME, SHALL BE COUNTED FOR 50 THE PURPOSE OF THIS ARTICLE AS ONE CONVICTION. ANY CONVICTION SET ASIDE 51 PURSUANT TO LAW IS NOT A CONVICTION FOR PURPOSES OF THIS ARTICLE. 52 2. "VIOLENT FELONY OFFENSE" MEANS A CONVICTION FOR AN OFFENSE AS 53 DEFINED UNDER SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY OFFENSE 54 DEFINED IN THE PENAL LAW OTHER THAN A CLASS A OFFENSE DEFINED IN ARTICLE 55 TWO HUNDRED TWENTY OF THE PENAL LAW. S. 4205 50 1 3. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS THE CHIEF LAW 2 ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN WHICH THE VIOLENT 3 FELONY OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PROBATION, 4 PAROLE OR UPON ANY FORM OF STATE OR LOCAL CONDITIONAL RELEASE. 5 4. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES ESTAB- 6 LISHED UNDER ARTICLE THIRTY-FIVE OF THE EXECUTIVE LAW. 7 5. "HOSPITAL" MEANS A HOSPITAL AS DEFINED IN SUBDIVISION TWO OF 8 SECTION FOUR HUNDRED OF THIS CHAPTER AND APPLIES TO PERSONS COMMITTED TO 9 SUCH HOSPITAL BY ORDER OF COMMITMENT MADE PURSUANT TO ARTICLE SIXTEEN OF 10 THIS CHAPTER. 11 6. "VIOLENT PREDATOR" MEANS A PERSON WHO HAS BEEN CONVICTED OF A 12 VIOLENT FELONY OFFENSE AS DEFINED IN THIS ARTICLE, OR A VIOLENT FELONY 13 OFFENDER AS DEFINED IN THIS ARTICLE WHO SUFFERS FROM A MENTAL ABNOR- 14 MALITY THAT MAKES SUCH PERSON LIKELY TO ENGAGE IN VIOLENT CONDUCT. 15 7. "MENTAL ABNORMALITY" MEANS A CONGENITAL OR ACQUIRED CONDITION OF A 16 PERSON THAT AFFECTS THE EMOTIONAL OR VOLITIONAL CAPACITY OF THE PERSON 17 IN A MANNER THAT PREDISPOSES THAT PERSON TO THE COMMISSION OF CRIMINAL 18 VIOLENT ACTS TO A DEGREE THAT MAKES THE PERSON A MENACE TO THE HEALTH 19 AND SAFETY OF OTHER PERSONS. 20 8. "BOARD" MEANS THE BOARD OF EXAMINERS OF VIOLENT FELONY OFFENDERS 21 ESTABLISHED PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTI- 22 CLE. 23 9. "LOCAL CORRECTIONAL FACILITY" MEANS A LOCAL CORRECTIONAL FACILITY 24 AS THAT TERM IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS 25 CHAPTER. 26 S 163. DUTIES OF THE DIVISION; REGISTRATION INFORMATION. 1. THE DIVI- 27 SION SHALL ESTABLISH AND MAINTAIN A FILE OF INDIVIDUALS REQUIRED TO 28 REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL INCLUDE 29 THE FOLLOWING INFORMATION OF EACH REGISTRANT: 30 (A) THE VIOLENT FELONY OFFENDER'S NAME, ALL ALIASES USED, DATE OF 31 BIRTH, SEX, RACE, HEIGHT, WEIGHT, EYE COLOR, DRIVER'S LICENSE NUMBER, 32 HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE. 33 (B) A PHOTOGRAPH AND SET OF FINGERPRINTS. 34 (C) A DESCRIPTION OF THE OFFENSE FOR WHICH THE VIOLENT FELONY OFFENDER 35 WAS CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED. 36 (D) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION. 37 2. THE DIVISION IS AUTHORIZED TO MAKE THE REGISTRY AVAILABLE TO ANY 38 REGIONAL OR NATIONAL REGISTRY OF VIOLENT FELONY OFFENDERS FOR THE 39 PURPOSE OF SHARING INFORMATION. THE DIVISION SHALL ACCEPT FILES FROM ANY 40 REGIONAL OR NATIONAL REGISTRY OF VIOLENT FELONY OFFENDERS AND SHALL MAKE 41 SUCH FILES AVAILABLE WHEN REQUESTED PURSUANT TO THE PROVISIONS OF THIS 42 ARTICLE. THE DIVISION SHALL REQUIRE THAT NO INFORMATION INCLUDED IN THE 43 REGISTRY SHALL BE MADE AVAILABLE EXCEPT IN THE FURTHERANCE OF THE 44 PROVISIONS OF THIS ARTICLE. 45 3. THE DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM TO BE 46 MADE AVAILABLE TO THE APPROPRIATE AUTHORITIES AND PROMULGATE RULES AND 47 REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. 48 4. THE DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM TO THE 49 LAST REPORTED ADDRESS OF THE PERSON FOR ANNUAL VERIFICATION REQUIRE- 50 MENTS. 51 5. THE DIVISION SHALL ALSO ESTABLISH AND OPERATE A TELEPHONE NUMBER AS 52 PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-SEVEN-J OF THIS ARTICLE. 53 6. THE DIVISION SHALL ALSO ESTABLISH A VIOLENT PREDATOR SUBDIRECTORY 54 PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-K OF THIS ARTICLE. 55 7. THE DIVISION SHALL ALSO ESTABLISH A PUBLIC AWARENESS CAMPAIGN TO 56 ADVISE THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE. S. 4205 51 1 S 164. VIOLENT FELONY OFFENDER; RELOCATION; NOTIFICATION. 1. IN THE 2 CASE OF ANY VIOLENT FELONY OFFENDER, IT SHALL BE THE DUTY OF THE DEPART- 3 MENT, HOSPITAL OR LOCAL CORRECTIONAL FACILITY AT LEAST TEN CALENDAR DAYS 4 PRIOR TO THE RELEASE OR DISCHARGE OF ANY VIOLENT FELONY OFFENDER FROM A 5 CORRECTIONAL FACILITY, HOSPITAL OR LOCAL CORRECTIONAL FACILITY TO NOTIFY 6 THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE APPROPRIATE, AND 7 LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION AT THE TIME OF HIS OR HER 8 CONVICTION, OF THE CONTEMPLATED RELEASE OR DISCHARGE OF SUCH VIOLENT 9 FELONY OFFENDER, INFORMING SUCH LAW ENFORCEMENT AGENCIES OF THE NAME AND 10 ALIASES OF THE VIOLENT FELONY OFFENDER, THE ADDRESS AT WHICH HE OR SHE 11 PROPOSES TO RESIDE, THE ADDRESS AT WHICH HE OR SHE RESIDED AT THE TIME 12 OF HIS OR HER CONVICTION, THE AMOUNT OF TIME REMAINING TO BE SERVED, IF 13 ANY, ON THE FULL TERM FOR WHICH HE OR SHE WAS SENTENCED, AND THE NATURE 14 OF THE CRIME FOR WHICH HE OR SHE WAS SENTENCED, TRANSMITTING AT THE SAME 15 TIME A COPY OF SUCH VIOLENT FELONY OFFENDER'S FINGERPRINTS AND PHOTO- 16 GRAPH AND A SUMMARY OF HIS OR HER CRIMINAL RECORD. IF SUCH VIOLENT FELO- 17 NY OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE WHILE ON PAROLE, SUCH 18 NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT BY THE VIOLENT 19 FELONY OFFENDER'S PAROLE OFFICER WITHIN FORTY-EIGHT HOURS TO THE LAW 20 ENFORCEMENT AGENCY IN WHICH THE NEW PLACE OF RESIDENCE IS LOCATED. 21 2. IN THE CASE OF ANY VIOLENT FELONY OFFENDER CONVICTED AND SENTENCED 22 TO PROBATION, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE, IT SHALL 23 BE THE DUTY OF THE COURT WITHIN TWENTY-FOUR HOURS AFTER SUCH SENTENCE TO 24 NOTIFY THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WHERE APPROPRI- 25 ATE, AND THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION AT THE TIME 26 OF HIS OR HER CONVICTION, IF DIFFERENT FROM WHERE HE OR SHE CURRENTLY 27 RESIDES, AND/OR WHERE HE OR SHE CURRENTLY RESIDES, OF THE SENTENCE OF 28 PROBATION, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE, INFORMING 29 SUCH LAW ENFORCEMENT AGENCIES OF THE NAME AND ALIASES OF THE PERSON, THE 30 ADDRESS AT WHICH HE OR SHE PROPOSES TO RESIDE, RESIDED AT AND/OR AT 31 WHICH HE OR SHE CURRENTLY RESIDES, THE AMOUNT OF TIME TO BE SERVED ON 32 PROBATION, AND THE NATURE OF THE CRIME FOR WHICH HE OR SHE WAS 33 SENTENCED, TRANSMITTING AT THE SAME TIME A COPY OF SUCH VIOLENT FELONY 34 OFFENDER'S FINGERPRINTS AND PHOTOGRAPH AND A SUMMARY OF HIS OR HER CRIM- 35 INAL RECORD. IF SUCH PERSON CHANGES HIS OR HER PLACE OF RESIDENCE WHILE 36 ON PROBATION, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT 37 BY THE VIOLENT FELONY OFFENDER'S PROBATION OFFICER WITHIN FORTY-EIGHT 38 HOURS TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN WHICH THE NEW 39 PLACE OF RESIDENCE IS LOCATED. 40 3. IN THE CASE OF ANY VIOLENT FELONY OFFENDER, WHO ON THE EFFECTIVE 41 DATE OF THIS SUBDIVISION IS ON PAROLE OR PROBATION, IT SHALL BE THE DUTY 42 OF SUCH VIOLENT FELONY OFFENDER'S PAROLE OR PROBATION OFFICER WITHIN 43 FORTY-FIVE CALENDAR DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION TO 44 NOTIFY THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION IN WHICH SUCH 45 PERSON RESIDED AT THE TIME OF HIS OR HER CONVICTION, IF DIFFERENT FROM 46 WHERE HE OR SHE CURRENTLY RESIDES AND/OR WHERE HE OR SHE CURRENTLY 47 RESIDES, OF THE NAME AND ALIASES OF SUCH VIOLENT FELONY OFFENDER, THE 48 ADDRESS AT WHICH HE OR SHE RESIDED AND/OR AT WHICH HE OR SHE CURRENTLY 49 RESIDES, THE AMOUNT OF TIME TO BE SERVED ON PAROLE OR PROBATION, THE 50 NATURE OF THE CRIME FOR WHICH HE OR SHE WAS SENTENCED, TRANSMITTING AT 51 THE SAME TIME A COPY OF SUCH VIOLENT FELONY OFFENDER'S FINGERPRINTS AND 52 PHOTOGRAPH AND A SUMMARY OF HIS OR HER CRIMINAL RECORD. IF SUCH VIOLENT 53 FELONY OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE WHILE ON PAROLE OR 54 PROBATION, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT BY 55 THE VIOLENT FELONY OFFENDER'S PAROLE OR PROBATION OFFICER WITHIN FORTY- S. 4205 52 1 EIGHT HOURS TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN WHICH 2 THE NEW PLACE OF RESIDENCE IS LOCATED. 3 4. IN THE CASE IN WHICH ANY VIOLENT FELONY OFFENDER ESCAPES FROM A 4 STATE OR LOCAL CORRECTIONAL FACILITY OR HOSPITAL, THE DESIGNATED OFFI- 5 CIAL OF THE FACILITY OR HOSPITAL WHERE THE PERSON WAS CONFINED SHALL 6 NOTIFY WITHIN TWENTY-FOUR HOURS THE LAW ENFORCEMENT AGENCY HAVING HAD 7 JURISDICTION AT THE TIME OF HIS OR HER CONVICTION, INFORMING SUCH LAW 8 ENFORCEMENT AGENCY OF THE NAME AND ALIASES OF THE PERSON, AND THE 9 ADDRESS AT WHICH HE OR SHE RESIDED AT THE TIME OF HIS OR HER CONVICTION, 10 THE AMOUNT OF TIME REMAINING TO BE SERVED IF ANY, ON THE FULL TERM FOR 11 WHICH HE OR SHE WAS SENTENCED, AND THE NATURE OF THE CRIME FOR WHICH HE 12 OR SHE WAS SENTENCED, TRANSMITTING AT THE SAME TIME A COPY OF SUCH 13 VIOLENT FELONY OFFENDER'S FINGERPRINTS AND PHOTOGRAPH AND A SUMMARY OF 14 HIS OR HER CRIMINAL RECORD. 15 S 165. DUTIES OF THE COURT. 1. UPON CONVICTION THE COURT SHALL CERTIFY 16 THAT THE PERSON IS A VIOLENT FELONY OFFENDER AND SHALL INCLUDE THE 17 CERTIFICATION IN THE ORDER OF COMMITMENT. THE COURT SHALL ALSO ADVISE 18 THE VIOLENT FELONY OFFENDER OF THE DUTIES OF THIS ARTICLE. 19 2. ANY VIOLENT FELONY OFFENDER, WHO IS RELEASED ON PROBATION OR 20 DISCHARGED UPON PAYMENT OF A FINE SHALL, PRIOR TO SUCH RELEASE OR 21 DISCHARGE, BE INFORMED OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE 22 BY THE COURT IN WHICH HE OR SHE WAS CONVICTED. WHERE THE COURT ORDERS A 23 VIOLENT FELONY OFFENDER RELEASED ON PROBATION, SUCH ORDER MUST INCLUDE A 24 PROVISION REQUIRING THAT HE OR SHE COMPLY WITH THE REQUIREMENTS OF THIS 25 ARTICLE. WHERE SUCH VIOLENT FELONY OFFENDER VIOLATES SUCH PROVISION, 26 PROBATION MAY BE IMMEDIATELY REVOKED IN THE MANNER PROVIDED BY ARTICLE 27 FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW. THE COURT SHALL REQUIRE 28 THE VIOLENT FELONY OFFENDER TO READ AND SIGN SUCH FORM AS MAY BE 29 REQUIRED BY THE DIVISION STATING THE DUTY TO REGISTER AND THE PROCEDURE 30 FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER. THE COURT SHALL ON 31 SUCH FORM OBTAIN THE ADDRESS WHERE THE VIOLENT FELONY OFFENDER EXPECTS 32 TO RESIDE UPON HIS OR HER RELEASE, AND SHALL REPORT THE ADDRESS TO THE 33 DIVISION. THE COURT SHALL GIVE ONE COPY OF THE FORM TO THE VIOLENT FELO- 34 NY OFFENDER AND SHALL SEND TWO COPIES TO THE DIVISION WHICH SHALL 35 FORWARD ONE COPY TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE 36 THE VIOLENT FELONY OFFENDER EXPECTS TO RESIDE UPON HIS OR HER RELEASE. 37 WITHIN TEN CALENDAR DAYS OF BEING RELEASED ON PROBATION OR DISCHARGED 38 UPON PAYMENT OF A FINE, SUCH VIOLENT FELONY OFFENDER SHALL REGISTER WITH 39 THE DIVISION FOR PURPOSES OF VERIFYING SUCH VIOLENT FELONY OFFENDER'S 40 INTENDED PLACE OF RESIDENCE. ON EACH ANNIVERSARY OF THE VIOLENT FELONY 41 OFFENDER'S ORIGINAL REGISTRATION DATE, THE PROVISIONS OF SECTION ONE 42 HUNDRED SIXTY-SEVEN OF THIS ARTICLE SHALL APPLY. THE DIVISION SHALL 43 ALSO IMMEDIATELY FORWARD THE CONVICTION DATA AND FINGERPRINTS TO THE 44 FEDERAL BUREAU OF INVESTIGATION IF NOT ALREADY OBTAINED. 45 3. FOR VIOLENT FELONY OFFENDERS UNDER THIS SECTION, IT SHALL BE THE 46 DUTY OF THE COURT APPLYING THE GUIDELINES ESTABLISHED IN SUBDIVISION 47 FIVE OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE TO DETERMINE 48 THE DURATION OF REGISTRATION PURSUANT TO SECTION ONE HUNDRED SIXTY-SEV- 49 EN-B OF THIS ARTICLE AND NOTIFICATION PURSUANT TO SUBDIVISION SIX OF 50 SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE. IN MAKING THE DETER- 51 MINATION, THE COURT SHALL REVIEW ANY VICTIM'S STATEMENT AND ANY MATERI- 52 ALS SUBMITTED BY THE VIOLENT FELONY OFFENDER. THE COURT SHALL ALSO ALLOW 53 THE VIOLENT FELONY OFFENDER TO APPEAR AND BE HEARD, AND INFORM THE 54 VIOLENT FELONY OFFENDER OF HIS OR HER RIGHT TO HAVE COUNSEL APPOINTED, 55 IF NECESSARY. S. 4205 53 1 S 166. DISCHARGE OF VIOLENT FELONY OFFENDER FROM CORRECTIONAL FACILI- 2 TY; DUTIES OF OFFICIAL IN CHARGE. 1. ANY VIOLENT FELONY OFFENDER, TO BE 3 DISCHARGED, PAROLED OR RELEASED FROM ANY STATE OR LOCAL CORRECTIONAL 4 FACILITY, HOSPITAL OR INSTITUTION WHERE HE OR SHE WAS CONFINED OR 5 COMMITTED, SHALL WITHIN FORTY-FIVE CALENDAR DAYS PRIOR TO DISCHARGE, 6 PAROLE OR RELEASE, BE INFORMED OF HIS OR HER DUTY TO REGISTER UNDER THIS 7 ARTICLE, BY THE FACILITY IN WHICH HE OR SHE WAS CONFINED OR COMMITTED. 8 THE FACILITY SHALL REQUIRE THE VIOLENT FELONY OFFENDER TO READ AND SIGN 9 SUCH FORM AS MAY BE REQUIRED BY THE DIVISION STATING THE DUTY TO REGIS- 10 TER AND THE PROCEDURE FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER. 11 THE FACILITY SHALL OBTAIN ON SUCH FORM THE ADDRESS WHERE THE VIOLENT 12 FELONY OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PAROLE OR 13 RELEASE AND SHALL REPORT THE ADDRESS TO THE DIVISION. THE FACILITY SHALL 14 GIVE ONE COPY OF THE FORM TO THE VIOLENT FELONY OFFENDER AND SHALL SEND 15 TWO COPIES TO THE DIVISION WHICH SHALL FORWARD ONE COPY TO THE LAW 16 ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE VIOLENT FELONY OFFENDER 17 EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PAROLE OR RELEASE. IN ADDI- 18 TION, THE FACILITY SHALL GIVE THE VIOLENT FELONY OFFENDER A FORM TO 19 REGISTER WITH THE DIVISION WITHIN TEN CALENDAR DAYS FOR PURPOSES OF 20 VERIFYING SUCH VIOLENT FELONY OFFENDER'S INTENDED PLACE OF RESIDENCE. 21 2. THE DIVISION SHALL ALSO IMMEDIATELY TRANSMIT THE CONVICTION DATA 22 AND FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION, IF NOT ALREADY 23 OBTAINED. 24 S 167. DUTY TO REGISTER. 1. ANY VIOLENT FELONY OFFENDER, WHO IS 25 DISCHARGED, PAROLED OR RELEASED FROM ANY STATE OR LOCAL CORRECTIONAL 26 FACILITY, HOSPITAL OR INSTITUTION WHERE HE OR SHE WAS CONFINED OR 27 COMMITTED, SHALL REGISTER WITH THE DIVISION WITHIN TEN CALENDAR DAYS FOR 28 PURPOSES OF VERIFYING SUCH VIOLENT FELONY OFFENDER'S INTENDED PLACE OF 29 RESIDENCE. 30 2. FOR A VIOLENT FELONY OFFENDER REQUIRED TO REGISTER UNDER THIS ARTI- 31 CLE ON EACH ANNIVERSARY OF THE VIOLENT FELONY OFFENDER'S INITIAL REGIS- 32 TRATION DATE DURING THE PERIOD ON WHICH HE OR SHE IS REQUIRED TO REGIS- 33 TER UNDER THIS SECTION THE FOLLOWING APPLIES: 34 (A) THE VIOLENT FELONY OFFENDER SHALL MAIL THE VERIFICATION FORM TO 35 THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM. 36 (B) THE VERIFICATION FORM SHALL BE SIGNED BY THE VIOLENT FELONY OFFEN- 37 DER, AND STATE THAT HE OR SHE STILL RESIDES AT THE ADDRESS LAST REPORTED 38 TO THE DIVISION. 39 (C) IF THE VIOLENT FELONY OFFENDER FAILS TO MAIL THE VERIFICATION FORM 40 TO THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM, HE 41 OR SHE SHALL BE IN VIOLATION OF THIS SECTION. 42 3. THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION SHALL BE APPLIED 43 TO A VIOLENT FELONY OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE 44 EXCEPT THAT SUCH VIOLENT FELONY OFFENDER DESIGNATED AS A VIOLENT PREDA- 45 TOR MUST PERSONALLY VERIFY WITH THE LOCAL LAW ENFORCEMENT AGENCY, THE 46 REGISTRATION EVERY NINETY CALENDAR DAYS AFTER THE DATE OF THE INITIAL 47 RELEASE OR COMMENCEMENT OF PAROLE. 48 4. ANY VIOLENT FELONY OFFENDER SHALL REGISTER WITH THE DIVISION WITHIN 49 TEN CALENDAR DAYS PRIOR TO ANY CHANGE OF ADDRESS. THE DIVISION SHALL, IF 50 THE VIOLENT FELONY OFFENDER CHANGES RESIDENCE TO ANOTHER STATE, NOTIFY 51 THE APPROPRIATE STATE LAW ENFORCEMENT AGENCY WITH WHICH THE VIOLENT 52 FELONY OFFENDER MUST REGISTER IN THE NEW STATE. IF ANY PERSON REQUIRED 53 TO REGISTER AS PROVIDED IN THIS ARTICLE CHANGES THE ADDRESS OF HIS OR 54 HER RESIDENCE, THE VIOLENT FELONY OFFENDER SHALL WITHIN TEN CALENDAR 55 DAYS, INFORM IN WRITING THE LAW ENFORCEMENT AGENCY WHERE LAST REGISTERED 56 OF THE NEW ADDRESS. THE LAW ENFORCEMENT AGENCY SHALL, WITHIN THREE S. 4205 54 1 CALENDAR DAYS OF RECEIPT OF THE NEW ADDRESS, FORWARD THIS INFORMATION TO 2 THE DIVISION AND TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN 3 THE NEW PLACE OF RESIDENCE. 4 5. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT 5 BE APPLICABLE TO ANY VIOLENT FELONY OFFENDER WHOSE CONVICTION WAS 6 REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR. 7 S 167-A. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER. 1. IT SHALL 8 BE THE DUTY OF THE SENTENCING COURT APPLYING THE GUIDELINES ESTABLISHED 9 IN SUBDIVISION FIVE OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE 10 TO DETERMINE THE DURATION OF REGISTRATION PURSUANT TO SECTION ONE 11 HUNDRED SIXTY-SEVEN-B OF THIS ARTICLE AND NOTIFICATION PURSUANT TO 12 SUBDIVISION SIX OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE AND 13 NOTIFICATION FOR EVERY VIOLENT FELONY OFFENDER WHO ON THE EFFECTIVE DATE 14 OF THIS ARTICLE IS THEN ON PAROLE OR PROBATION FOR COMMITTING A VIOLENT 15 FELONY OFFENSE OR A CLASS A OFFENSE DEFINED IN THE PENAL LAW EXCEPT FOR 16 A CLASS A OFFENSE DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL 17 LAW. 18 2. EVERY VIOLENT FELONY OFFENDER WHO ON THE EFFECTIVE DATE OF THIS 19 ARTICLE IS THEN ON PAROLE OR PROBATION FOR A VIOLENT FELONY OFFENSE 20 SHALL WITHIN TEN CALENDAR DAYS OF SUCH DETERMINATION REGISTER WITH HIS 21 OR HER PAROLE OR PROBATION OFFICER. ON EACH ANNIVERSARY OF THE VIOLENT 22 FELONY OFFENDER'S INITIAL REGISTRATION DATE THEREAFTER, THE PROVISIONS 23 OF SECTION ONE HUNDRED SIXTY-SEVEN OF THIS ARTICLE SHALL APPLY. ANY 24 VIOLENT FELONY OFFENDER WHO FAILS OR REFUSES TO SO COMPLY SHALL BE 25 SUBJECT TO THE SAME PENALTIES AS OTHERWISE PROVIDED FOR IN THIS ARTICLE 26 WHICH WOULD BE IMPOSED UPON A VIOLENT FELONY OFFENDER WHO FAILS OR 27 REFUSES TO SO COMPLY WITH THE PROVISIONS OF THIS ARTICLE ON OR AFTER 28 SUCH EFFECTIVE DATE. 29 3. IT SHALL BE THE DUTY OF THE PAROLE OR PROBATION OFFICER TO INFORM 30 AND REGISTER SUCH VIOLENT FELONY OFFENDER ACCORDING TO THE REQUIREMENTS 31 IMPOSED BY THIS ARTICLE. A PAROLE OR PROBATION OFFICER SHALL GIVE ONE 32 COPY OF THE FORM TO THE VIOLENT FELONY OFFENDER AND SHALL, WITHIN THREE 33 CALENDAR DAYS, SEND TWO COPIES ELECTRONICALLY OR OTHERWISE TO THE DIVI- 34 SION WHICH SHALL FORWARD ONE COPY ELECTRONICALLY OR OTHERWISE TO THE LAW 35 ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE VIOLENT FELONY OFFENDER 36 RESIDES UPON HIS OR HER PAROLE, PROBATION, OR UPON ANY FORM OF STATE OR 37 LOCAL CONDITIONAL RELEASE. 38 4. A PETITION FOR RELIEF FROM THIS SECTION IS PERMITTED TO ANY VIOLENT 39 FELONY OFFENDER REQUIRED TO REGISTER WHILE RELEASED ON PAROLE OR 40 PROBATION PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-I OF THIS ARTICLE. 41 S 167-B. DURATION OF REGISTRATION. THE DURATION OF REGISTRATION FOR A 42 VIOLENT FELONY OFFENDER SHALL BE ANNUALLY FOR A PERIOD OF TEN YEARS FROM 43 THE INITIAL DATE OF REGISTRATION, PROVIDED, HOWEVER, THAT FOR A VIOLENT 44 PREDATOR, SHALL ANNUALLY REGISTER AND VERIFY QUARTERLY FOR A MINIMUM OF 45 TEN YEARS UNLESS THE COURT DETERMINES IN ACCORDANCE WITH SECTION ONE 46 HUNDRED SIXTY-SEVEN-I OF THIS ARTICLE, THAT THE PERSON NO LONGER SUFFERS 47 FROM A MENTAL ABNORMALITY THAT WOULD MAKE HIM OR HER LIKELY TO ENGAGE IN 48 A PREDATORY VIOLENT OFFENSE. 49 S 167-C. REGISTRATION REQUIREMENTS. REGISTRATION AS REQUIRED BY THIS 50 ARTICLE SHALL CONSIST OF A STATEMENT IN WRITING SIGNED BY THE VIOLENT 51 FELONY OFFENDER GIVING THE INFORMATION THAT IS REQUIRED BY THE DIVISION 52 AND THE DIVISION SHALL ENTER THE INFORMATION INTO AN APPROPRIATE ELEC- 53 TRONIC DATABASE OR FILE. 54 S 167-D. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE OF 55 ADDRESS. 1. UPON RECEIPT OF A CHANGE OF ADDRESS BY A VIOLENT FELONY 56 OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE, THE LOCAL LAW ENFORCE- S. 4205 55 1 MENT AGENCY WHERE THE VIOLENT FELONY OFFENDER LAST REGISTERED SHALL 2 WITHIN THREE CALENDAR DAYS OF RECEIPT OF THE NEW ADDRESS, FORWARD THIS 3 INFORMATION TO THE DIVISION AND TO THE LOCAL LAW ENFORCEMENT AGENCY 4 HAVING JURISDICTION OF THE NEW PLACE OF RESIDENCE. 5 2. A CHANGE OF ADDRESS BY A VIOLENT FELONY OFFENDER REQUIRED TO REGIS- 6 TER UNDER THIS ARTICLE SHALL BE IMMEDIATELY REPORTED BY THE DIVISION TO 7 THE APPROPRIATE LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE 8 VIOLENT FELONY OFFENDER IS RESIDING. 9 3. UPON RECEIPT OF CHANGE OF ADDRESS INFORMATION, THE LOCAL LAW 10 ENFORCEMENT AGENCY HAVING JURISDICTION OF THE NEW PLACE OF RESIDENCE 11 SHALL ADHERE TO THE NOTIFICATION PROVISIONS SET FORTH IN SUBDIVISION SIX 12 OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE. 13 S 167-E. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE. 1. A 14 VIOLENT FELONY OFFENDER WHO HAS BEEN CONVICTED OF AN OFFENSE WHICH 15 REQUIRES REGISTRATION UNDER SECTION ONE HUNDRED SIXTY-SEVEN-C OF THIS 16 ARTICLE SHALL REGISTER THE NEW ADDRESS WITH THE DIVISION NO LATER THAN 17 TEN CALENDAR DAYS AFTER SUCH VIOLENT FELONY OFFENDER ESTABLISHES RESI- 18 DENCE IN THIS STATE. THE DIVISION SHALL COORDINATE WITH THE DESIGNATED 19 LAW ENFORCEMENT AGENCY OF THE STATE OF WHICH THE INDIVIDUAL DEPARTED ON 20 INFORMATION RELEVANT TO THE DURATION OF REGISTRATION. 21 2. THE DIVISION SHALL ADVISE THE BOARD THAT THE OFFENDER HAS ESTAB- 22 LISHED RESIDENCE IN THIS STATE. THE BOARD SHALL DETERMINE WHETHER THE 23 OFFENDER IS REQUIRED TO REGISTER WITH THE DIVISION. IF IT IS DETERMINED 24 THAT THE OFFENDER IS REQUIRED TO REGISTER, THE DIVISION SHALL NOTIFY THE 25 OFFENDER OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE AND SHALL 26 REQUIRE THE OFFENDER TO SIGN A FORM AS MAY BE REQUIRED BY THE DIVISION 27 ACKNOWLEDGING THAT THE DUTY TO REGISTER AND THE PROCEDURE FOR REGISTRA- 28 TION HAS BEEN EXPLAINED TO THE OFFENDER. THE DIVISION SHALL OBTAIN ON 29 SUCH FORM THE ADDRESS WHERE THE OFFENDER EXPECTS TO RESIDE WITHIN THE 30 STATE AND THE OFFENDER SHALL RETAIN ONE COPY OF THE FORM AND SEND TWO 31 COPIES TO THE DIVISION WHICH SHALL PROVIDE THE INFORMATION TO THE LAW 32 ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE OFFENDER EXPECTS TO 33 RESIDE WITHIN THIS STATE. NO LATER THAN THIRTY DAYS PRIOR TO THE BOARD 34 MAKING A RECOMMENDATION, THE OFFENDER SHALL BE NOTIFIED THAT HIS OR HER 35 CASE IS UNDER REVIEW AND THAT HE OR SHE IS PERMITTED TO SUBMIT TO THE 36 BOARD ANY INFORMATION RELEVANT TO THE REVIEW. AFTER REVIEWING ANY INFOR- 37 MATION OBTAINED, AND APPLYING THE GUIDELINES ESTABLISHED IN SUBDIVISION 38 FIVE OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE, THE BOARD 39 SHALL WITHIN SIXTY CALENDAR DAYS MAKE A RECOMMENDATION REGARDING THE 40 LEVEL OF NOTIFICATION PURSUANT TO SUBDIVISION SIX OF SECTION ONE HUNDRED 41 SIXTY-SEVEN-F OF THIS ARTICLE AND WHETHER SUCH OFFENDER SHALL BE DESIG- 42 NATED A VIOLENT FELONY OFFENDER OR A VIOLENT PREDATOR. THIS RECOMMENDA- 43 TION SHALL BE CONFIDENTIAL AND SHALL NOT BE AVAILABLE FOR PUBLIC 44 INSPECTION. IT SHALL BE SUBMITTED BY THE BOARD TO THE COUNTY COURT OR 45 SUPREME COURT AND TO THE DISTRICT ATTORNEY IN THE COUNTY OF RESIDENCE OF 46 THE OFFENDER AND TO THE OFFENDER. IT SHALL BE THE DUTY OF THE COUNTY 47 COURT OR SUPREME COURT IN THE COUNTY OF RESIDENCE OF THE OFFENDER, 48 APPLYING THE GUIDELINES ESTABLISHED IN SUBDIVISION FIVE OF SECTION ONE 49 HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE, TO DETERMINE THE LEVEL OF NOTIFI- 50 CATION PURSUANT TO SUBDIVISION SIX OF SECTION ONE HUNDRED SIXTY-SEVEN-F 51 OF THIS ARTICLE AND WHETHER SUCH OFFENDER SHALL BE DESIGNATED A VIOLENT 52 FELONY OFFENDER OR A VIOLENT PREDATOR. AT LEAST THIRTY DAYS PRIOR TO 53 THE DETERMINATION PROCEEDING, SUCH COURT SHALL NOTIFY THE DISTRICT 54 ATTORNEY AND THE OFFENDER, IN WRITING, OF THE DATE OF THE DETERMINATION 55 PROCEEDING AND THE COURT SHALL ALSO PROVIDE THE DISTRICT ATTORNEY AND 56 OFFENDER WITH A COPY OF THE RECOMMENDATION RECEIVED FROM THE BOARD AND S. 4205 56 1 ANY STATEMENT OF THE REASONS FOR THE RECOMMENDATION RECEIVED FROM THE 2 BOARD. THIS NOTICE SHALL INCLUDE THE FOLLOWING STATEMENT OR A SUBSTAN- 3 TIALLY SIMILAR STATEMENT: "THIS PROCEEDING IS BEING HELD TO DETERMINE 4 WHETHER YOU WILL BE CLASSIFIED AS A LEVEL 3 OFFENDER (RISK OF REPEAT 5 OFFENSE IS HIGH), A LEVEL 2 OFFENDER (RISK OF REPEAT OFFENSE IS MODER- 6 ATE), OR A LEVEL 1 OFFENDER (RISK OF REPEAT OFFENSE IS LOW), OR WHETHER 7 YOU WILL BE DESIGNATED AS A VIOLENT FELONY OFFENDER OR A VIOLENT PREDA- 8 TOR, WHICH WILL DETERMINE HOW LONG YOU MUST REGISTER AS AN OFFENDER AND 9 HOW MUCH INFORMATION CAN BE PROVIDED TO THE PUBLIC CONCERNING YOUR 10 REGISTRATION. IF YOU FAIL TO APPEAR AT THIS PROCEEDING, WITHOUT SUFFI- 11 CIENT EXCUSE, IT SHALL BE HELD IN YOUR ABSENCE. FAILURE TO APPEAR MAY 12 RESULT IN A LONGER PERIOD OF REGISTRATION OR A HIGHER LEVEL OF COMMUNITY 13 NOTIFICATION BECAUSE YOU ARE NOT PRESENT TO OFFER EVIDENCE OR CONTEST 14 EVIDENCE OFFERED BY THE DISTRICT ATTORNEY." THE COURT SHALL ALSO ADVISE 15 THE OFFENDER THAT HE OR SHE HAS A RIGHT TO A HEARING PRIOR TO THE 16 COURT'S DETERMINATION, THAT HE OR SHE HAS THE RIGHT TO BE REPRESENTED BY 17 COUNSEL AT THE HEARING AND THAT COUNSEL WILL BE APPOINTED IF HE OR SHE 18 IS FINANCIALLY UNABLE TO RETAIN COUNSEL. A RETURNABLE FORM SHALL BE 19 ENCLOSED IN THE COURT'S NOTICE TO THE OFFENDER ON WHICH THE OFFENDER MAY 20 APPLY FOR ASSIGNMENT OF COUNSEL. IF THE OFFENDER APPLIES FOR ASSIGNMENT 21 OF COUNSEL AND THE COURT FINDS THAT THE OFFENDER IS FINANCIALLY UNABLE 22 TO RETAIN COUNSEL, THE COURT SHALL ASSIGN COUNSEL TO REPRESENT THE 23 OFFENDER PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW. IF THE 24 DISTRICT ATTORNEY SEEKS A DETERMINATION THAT DIFFERS FROM THE RECOMMEN- 25 DATION SUBMITTED BY THE BOARD, AT LEAST TEN DAYS PRIOR TO THE DETERMI- 26 NATION PROCEEDING THE DISTRICT ATTORNEY SHALL PROVIDE TO THE COURT AND 27 THE OFFENDER A STATEMENT SETTING FORTH THE DETERMINATIONS SOUGHT BY THE 28 DISTRICT ATTORNEY TOGETHER WITH THE REASONS FOR SEEKING SUCH DETERMI- 29 NATIONS. THE COURT SHALL ALLOW THE OFFENDER TO APPEAR AND BE HEARD. THE 30 STATE SHALL APPEAR BY THE DISTRICT ATTORNEY, OR HIS OR HER DESIGNEE, WHO 31 SHALL BEAR THE BURDEN OF PROVING THE FACTS SUPPORTING THE DETERMINATIONS 32 SOUGHT BY CLEAR AND CONVINCING EVIDENCE. IT SHALL BE THE DUTY OF THE 33 COURT APPLYING THE GUIDELINES ESTABLISHED IN SUBDIVISION FIVE OF SECTION 34 ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE TO DETERMINE THE LEVEL OF 35 NOTIFICATION PURSUANT TO SUBDIVISION SIX OF SECTION ONE HUNDRED 36 SIXTY-SEVEN-F OF THIS ARTICLE AND WHETHER SUCH OFFENDER SHALL BE DESIG- 37 NATED A VIOLENT FELONY OFFENDER OR A VIOLENT PREDATOR. WHERE THERE IS A 38 DISPUTE BETWEEN THE PARTIES CONCERNING THE DETERMINATIONS, THE COURT 39 SHALL ADJOURN THE HEARING AS NECESSARY TO PERMIT THE OFFENDER OR THE 40 DISTRICT ATTORNEY TO OBTAIN MATERIALS RELEVANT TO THE DETERMINATIONS 41 FROM THE STATE BOARD OF EXAMINERS OF OFFENDERS OR ANY STATE OR LOCAL 42 FACILITY, HOSPITAL, INSTITUTION, OFFICE, AGENCY, DEPARTMENT OR DIVISION. 43 SUCH MATERIALS MAY BE OBTAINED BY SUBPOENA IF NOT VOLUNTARILY PROVIDED 44 TO THE REQUESTING PARTY. IN MAKING THE DETERMINATIONS THE COURT SHALL 45 REVIEW ANY VICTIM'S STATEMENT AND ANY RELEVANT MATERIALS AND EVIDENCE 46 SUBMITTED BY THE OFFENDER AND THE DISTRICT ATTORNEY AND THE RECOMMENDA- 47 TION AND ANY MATERIAL SUBMITTED BY THE BOARD, AND MAY CONSIDER RELIABLE 48 HEARSAY EVIDENCE SUBMITTED BY EITHER PARTY, PROVIDED THAT IT IS RELEVANT 49 TO THE DETERMINATIONS. IF AVAILABLE, FACTS PROVEN AT TRIAL OR ELICITED 50 AT THE TIME OF A PLEA OF GUILTY SHALL BE DEEMED ESTABLISHED BY CLEAR AND 51 CONVINCING EVIDENCE AND SHALL NOT BE RELITIGATED. THE COURT SHALL RENDER 52 AN ORDER SETTING FORTH ITS DETERMINATIONS AND THE FINDINGS OF FACT AND 53 CONCLUSIONS OF LAW ON WHICH THE DETERMINATIONS ARE BASED. A COPY OF THE 54 ORDER SHALL BE SUBMITTED BY THE COURT TO THE DIVISION. UPON APPLICATION 55 OF EITHER PARTY, THE COURT SHALL SEAL ANY PORTION OF THE COURT FILE OR 56 RECORD WHICH CONTAINS MATERIAL THAT IS CONFIDENTIAL UNDER ANY STATE OR S. 4205 57 1 FEDERAL STATUTE. EITHER PARTY MAY APPEAL AS OF RIGHT FROM THE ORDER 2 PURSUANT TO THE PROVISIONS OF ARTICLES FIFTY-FIVE, FIFTY-SIX AND FIFTY- 3 SEVEN OF THE CIVIL PRACTICE LAW AND RULES. WHERE COUNSEL HAS BEEN 4 ASSIGNED TO REPRESENT THE OFFENDER UPON THE GROUND THAT THE OFFENDER IS 5 FINANCIALLY UNABLE TO RETAIN COUNSEL, THAT ASSIGNMENT SHALL BE CONTINUED 6 THROUGHOUT THE PENDENCY OF THE APPEAL, AND THE PERSON MAY APPEAL AS A 7 POOR PERSON PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW. 8 3. IF AN OFFENDER, HAVING BEEN GIVEN NOTICE, INCLUDING THE TIME AND 9 PLACE OF THE DETERMINATION PROCEEDING IN ACCORDANCE WITH THIS SECTION, 10 FAILS TO APPEAR AT THIS PROCEEDING, WITHOUT SUFFICIENT EXCUSE, THE COURT 11 SHALL CONDUCT THE HEARING AND MAKE THE DETERMINATIONS IN THE MANNER SET 12 FORTH IN SUBDIVISION TWO OF THIS SECTION. 13 S 167-F. BOARD OF EXAMINERS OF VIOLENT FELONY OFFENDERS. 1. THERE 14 SHALL BE A BOARD OF EXAMINERS OF VIOLENT FELONY OFFENDERS WHICH SHALL 15 POSSESS THE POWERS AND DUTIES SPECIFIED IN THIS SECTION. SUCH BOARD 16 SHALL CONSIST OF FIVE MEMBERS OF THE DEPARTMENT WHO SHALL BE APPOINTED 17 BY THE GOVERNOR, THREE OF WHOM SHALL BE EXPERTS IN THE FIELD OF THE 18 BEHAVIOR AND TREATMENT OF VIOLENT FELONY OFFENDERS. THE TERM OF OFFICE 19 OF EACH MEMBER OF SUCH BOARD SHALL BE FOR SIX YEARS; PROVIDED, HOWEVER, 20 THAT ANY MEMBER CHOSEN TO FILL A VACANCY OCCURRING OTHERWISE THAN BY 21 EXPIRATION OF TERM SHALL BE APPOINTED FOR THE REMAINDER OF THE UNEXPIRED 22 TERM OF THE MEMBER WHOM HE OR SHE IS TO SUCCEED. IN THE EVENT OF THE 23 INABILITY TO ACT OF ANY MEMBER, THE GOVERNOR MAY APPOINT SOME COMPETENT 24 INFORMED PERSON TO ACT IN HIS OR HER STEAD DURING THE CONTINUANCE OF 25 SUCH DISABILITY. 26 2. THE GOVERNOR SHALL DESIGNATE ONE OF THE MEMBERS OF THE BOARD AS 27 CHAIRMAN TO SERVE IN SUCH CAPACITY AT THE PLEASURE OF THE GOVERNOR OR 28 UNTIL THE MEMBER'S TERM OF OFFICE EXPIRES AND A SUCCESSOR IS DESIGNATED 29 IN ACCORDANCE WITH LAW, WHICHEVER FIRST OCCURS. 30 3. ANY MEMBER OF THE BOARD MAY BE REMOVED BY THE GOVERNOR FOR CAUSE 31 AFTER AN OPPORTUNITY TO BE HEARD. 32 4. EXCEPT AS OTHERWISE PROVIDED BY LAW, A MAJORITY OF THE BOARD SHALL 33 CONSTITUTE A QUORUM FOR THE TRANSACTION OF ALL BUSINESS OF THE BOARD. 34 5. THE BOARD SHALL DEVELOP GUIDELINES AND PROCEDURES TO ASSESS THE 35 RISK OF A REPEAT OFFENSE BY SUCH VIOLENT FELONY OFFENDER AND THE THREAT 36 POSED TO THE PUBLIC SAFETY. SUCH GUIDELINES SHALL BE BASED UPON, BUT NOT 37 LIMITED TO, THE FOLLOWING: 38 (A) CRIMINAL HISTORY FACTORS INDICATIVE OF HIGH RISK OF REPEAT 39 OFFENSE, INCLUDING: (I) WHETHER THE VIOLENT FELONY OFFENDER HAS A MENTAL 40 ABNORMALITY; 41 (II) WHETHER THE VIOLENT FELONY OFFENDER'S CONDUCT WAS FOUND TO BE 42 CHARACTERIZED BY REPETITIVE AND COMPULSIVE BEHAVIOR, ASSOCIATED WITH 43 DRUGS OR ALCOHOL; 44 (III) WHETHER THE VIOLENT FELONY OFFENDER SERVED THE MAXIMUM TERM; 45 (IV) WHETHER THE VIOLENT FELONY OFFENDER COMMITTED THE VIOLENT FELONY 46 OFFENSE AGAINST A CHILD; 47 (V) THE AGE OF THE VIOLENT FELONY OFFENDER AT THE TIME OF THE COMMIS- 48 SION OF THE FIRST VIOLENT OFFENSE; 49 (B) OTHER CRIMINAL HISTORY FACTORS TO BE CONSIDERED IN DETERMINING 50 RISK, INCLUDING: 51 (I) THE RELATIONSHIP BETWEEN SUCH VIOLENT FELONY OFFENDER AND THE 52 VICTIM; 53 (II) WHETHER THE OFFENSE INVOLVED THE USE OF A WEAPON, VIOLENCE OR 54 INFLICTION OF SERIOUS BODILY INJURY; 55 (III) THE NUMBER, DATE AND NATURE OF PRIOR OFFENSES; S. 4205 58 1 (C) CONDITIONS OF RELEASE THAT MINIMIZE RISK OF RE-OFFENSE, INCLUDING 2 BUT NOT LIMITED TO WHETHER THE VIOLENT FELONY OFFENDER IS UNDER SUPER- 3 VISION; RECEIVING COUNSELING, THERAPY OR TREATMENT; OR RESIDING IN A 4 HOME SITUATION THAT PROVIDES GUIDANCE AND SUPERVISION; 5 (D) PHYSICAL CONDITIONS THAT MINIMIZE RISK OF RE-OFFENSE, INCLUDING 6 BUT NOT LIMITED TO ADVANCED AGE OR DEBILITATING ILLNESS; 7 (E) WHETHER PSYCHOLOGICAL OR PSYCHIATRIC PROFILES INDICATE A RISK OF 8 RECIDIVISM; 9 (F) THE VIOLENT FELONY OFFENDER'S RESPONSE TO TREATMENT; 10 (G) RECENT BEHAVIOR, INCLUDING BEHAVIOR WHILE CONFINED; 11 (H) RECENT THREATS OR GESTURES AGAINST PERSONS OR EXPRESSIONS OF 12 INTENT TO COMMIT ADDITIONAL OFFENSES; AND 13 (I) REVIEW OF ANY VICTIM IMPACT STATEMENT. 14 6. APPLYING THESE GUIDELINES, THE BOARD SHALL WITHIN SIXTY CALENDAR 15 DAYS PRIOR TO THE DISCHARGE, PAROLE OR RELEASE OF A VIOLENT FELONY 16 OFFENDER MAKE A RECOMMENDATION WHICH SHALL BE CONFIDENTIAL AND SHALL NOT 17 BE AVAILABLE FOR PUBLIC INSPECTION, TO THE SENTENCING COURT AS TO WHETH- 18 ER SUCH VIOLENT FELONY OFFENDER WARRANTS THE DESIGNATION OF VIOLENT 19 PREDATOR. IN ADDITION, THE GUIDELINES SHALL BE APPLIED BY THE BOARD TO 20 MAKE A RECOMMENDATION TO THE SENTENCING COURT, PROVIDING FOR ONE OF THE 21 FOLLOWING THREE LEVELS OF NOTIFICATION NOTWITHSTANDING ANY OTHER 22 PROVISION OF LAW DEPENDING UPON THE DEGREE OF THE RISK OF RE-OFFENSE BY 23 THE VIOLENT FELONY OFFENDER. 24 (A) IF THE RISK OF REPEAT OFFENSE IS LOW, A LEVEL ONE DESIGNATION 25 SHALL BE GIVEN TO SUCH VIOLENT FELONY OFFENDER. IN SUCH CASE THE LAW 26 ENFORCEMENT AGENCY HAVING JURISDICTION AND THE LAW ENFORCEMENT AGENCY 27 HAVING HAD JURISDICTION AT THE TIME OF HIS OR HER CONVICTION SHALL BE 28 NOTIFIED PURSUANT TO THIS ARTICLE. 29 (B) IF THE RISK OF REPEAT OFFENSE IS MODERATE, A LEVEL TWO DESIGNATION 30 SHALL BE GIVEN TO SUCH VIOLENT FELONY OFFENDER. IN SUCH CASE THE LAW 31 ENFORCEMENT AGENCY HAVING JURISDICTION AND THE LAW ENFORCEMENT AGENCY 32 HAVING HAD JURISDICTION AT THE TIME OF HIS OR HER CONVICTION SHALL BE 33 NOTIFIED AND MAY DISSEMINATE RELEVANT INFORMATION WHICH MAY INCLUDE 34 APPROXIMATE ADDRESS BASED ON VIOLENT FELONY OFFENDER'S ZIP CODE, A 35 PHOTOGRAPH OF THE OFFENDER, BACKGROUND INFORMATION INCLUDING THE 36 OFFENDER'S CRIME OF CONVICTION, MODUS OF OPERATION, TYPE OF VICTIM 37 TARGETED AND THE DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON THE OFFEN- 38 DER TO ANY ENTITY WITH VULNERABLE POPULATIONS RELATED TO THE NATURE OF 39 THE OFFENSE COMMITTED BY SUCH VIOLENT FELONY OFFENDER. ANY ENTITY 40 RECEIVING INFORMATION ON A VIOLENT FELONY OFFENDER MAY DISCLOSE OR 41 FURTHER DISSEMINATE SUCH INFORMATION AT THEIR DISCRETION. 42 (C) IF THE RISK OF REPEAT OFFENSE IS HIGH AND THERE EXISTS A THREAT TO 43 THE PUBLIC SAFETY, SUCH VIOLENT FELONY OFFENDER SHALL BE DEEMED A 44 "VIOLENT PREDATOR" AND A LEVEL THREE DESIGNATION SHALL BE GIVEN TO SUCH 45 VIOLENT FELONY OFFENDER. IN SUCH CASE, THE LAW ENFORCEMENT AGENCY HAVING 46 JURISDICTION AND THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION AT 47 THE TIME OF HIS OR HER CONVICTION SHALL BE NOTIFIED AND MAY DISSEMINATE 48 RELEVANT INFORMATION WHICH MAY INCLUDE THE VIOLENT FELONY OFFENDER'S 49 EXACT ADDRESS, A PHOTOGRAPH OF THE OFFENDER, BACKGROUND INFORMATION 50 INCLUDING THE OFFENDER'S CRIME OF CONVICTION, MODUS OF OPERATION, TYPE 51 OF VICTIM TARGETED, AND THE DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON 52 THE OFFENDER TO ANY ENTITY WITH VULNERABLE POPULATIONS RELATED TO THE 53 NATURE OF THE OFFENSE COMMITTED BY SUCH VIOLENT FELONY OFFENDERS. 54 ANY ENTITY RECEIVING INFORMATION ON A VIOLENT FELONY OFFENDER MAY 55 DISCLOSE OR FURTHER DISSEMINATE SUCH INFORMATION AT THEIR DISCRETION. IN 56 ADDITION, IN SUCH CASE, THE INFORMATION DESCRIBED IN THIS SECTION SHALL S. 4205 59 1 ALSO BE PROVIDED IN THE SUBDIRECTORY ESTABLISHED IN THIS ARTICLE AND 2 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SUCH INFORMATION SHALL, UPON 3 REQUEST, BE MADE AVAILABLE TO THE PUBLIC. 4 7. UPON REQUEST BY THE COURT, PURSUANT TO SECTION ONE HUNDRED 5 SIXTY-SEVEN-I OF THIS ARTICLE, THE BOARD SHALL PROVIDE AN UPDATED REPORT 6 PERTAINING TO THE VIOLENT FELONY OFFENDER PETITIONING RELIEF OF DUTY TO 7 REGISTER. 8 S 167-G. REVIEW. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE 9 CONTRARY, ANY STATE OR LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTITU- 10 TION SHALL FORWARD RELEVANT INFORMATION PERTAINING TO A VIOLENT FELONY 11 OFFENDER TO BE DISCHARGED, PAROLED OR RELEASED TO THE BOARD FOR REVIEW 12 NO LATER THAN ONE HUNDRED TWENTY DAYS PRIOR TO THE RELEASE OR DISCHARGE 13 AND THE BOARD SHALL MAKE RECOMMENDATIONS AS PROVIDED IN SUBDIVISION SIX 14 OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE WITHIN SIXTY DAYS 15 OF RECEIPT OF THE INFORMATION. INFORMATION MAY INCLUDE BUT MAY NOT BE 16 LIMITED TO THE COMMITMENT FILE, MEDICAL FILE AND TREATMENT FILE PERTAIN- 17 ING TO SUCH PERSON. SUCH PERSON SHALL BE PERMITTED TO SUBMIT TO THE 18 BOARD ANY INFORMATION RELEVANT TO THE REVIEW. 19 S 167-H. JUDICIAL DETERMINATION. 1. A DETERMINATION THAT AN OFFENDER 20 IS A VIOLENT FELONY OFFENDER OR A VIOLENT PREDATOR SHALL BE MADE PRIOR 21 TO THE DISCHARGE, PAROLE OR RELEASE OF SUCH OFFENDER BY THE SENTENCING 22 COURT AFTER RECEIVING A RECOMMENDATION FROM THE BOARD PURSUANT TO 23 SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE. 24 2. IN ADDITION, THE SENTENCING COURT SHALL ALSO MAKE A DETERMINATION 25 WITH RESPECT TO THE LEVEL OF NOTIFICATION, AFTER RECEIVING A RECOMMENDA- 26 TION FROM THE BOARD PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-F OF 27 THIS ARTICLE. BOTH DETERMINATIONS OF THE SENTENCING COURT SHALL BE MADE 28 THIRTY CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE OR RELEASE. 29 3. IN MAKING THE DETERMINATION, THE COURT SHALL REVIEW ANY VICTIM'S 30 STATEMENT AND ANY MATERIALS SUBMITTED BY THE VIOLENT FELONY OFFENDER. 31 THE COURT SHALL ALSO ALLOW THE VIOLENT FELONY OFFENDER TO APPEAR AND BE 32 HEARD, AND INFORM THE VIOLENT FELONY OFFENDER OF HIS OR HER RIGHT TO 33 HAVE COUNSEL APPOINTED, IF NECESSARY. 34 4. UPON DETERMINATION THAT THE RISK OF REPEAT OFFENSE AND THREAT TO 35 PUBLIC SAFETY IS HIGH, THE SENTENCING COURT SHALL ALSO NOTIFY THE DIVI- 36 SION OF SUCH FACT FOR THE PURPOSES OF SECTION ONE HUNDRED SIXTY-SEVEN-K 37 OF THIS ARTICLE. 38 5. UPON THE REVERSAL OF A CONVICTION OF THE VIOLENT FELONY OFFENSE, 39 THE COURT SHALL ORDER THE EXPUNGEMENT OF ANY RECORDS REQUIRED TO BE KEPT 40 PURSUANT TO THIS SECTION. 41 S 167-I. PETITION FOR RELIEF. ANY VIOLENT FELONY OFFENDER REQUIRED TO 42 REGISTER PURSUANT TO THIS ARTICLE MAY BE RELIEVED OF ANY FURTHER DUTY TO 43 REGISTER UPON THE GRANTING OF A PETITION FOR RELIEF BY THE SENTENCING 44 COURT. UPON RECEIPT OF THE PETITION FOR RELIEF, THE COURT SHALL NOTIFY 45 THE BOARD AND REQUEST AN UPDATED REPORT PERTAINING TO THE VIOLENT FELONY 46 OFFENDER. AFTER RECEIVING THE REPORT FROM THE BOARD, THE COURT MAY GRANT 47 OR DENY THE RELIEF SOUGHT. THE COURT MAY CONSULT WITH THE VICTIM PRIOR 48 TO MAKING A DETERMINATION ON THE PETITION. SUCH PETITION, IF GRANTED, 49 SHALL NOT RELIEVE THE PETITIONER OF THE DUTY TO REGISTER PURSUANT TO 50 THIS ARTICLE UPON CONVICTION OF ANY OFFENSE REQUIRING REGISTRATION IN 51 THE FUTURE. 52 S 167-J. SPECIAL TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE HUNDRED 53 SIXTY-THREE OF THIS ARTICLE, THE DIVISION SHALL ALSO OPERATE A TELEPHONE 54 NUMBER THAT MEMBERS OF THE PUBLIC MAY CALL AND INQUIRE WHETHER A NAMED 55 INDIVIDUAL REQUIRED TO REGISTER PURSUANT TO THIS ARTICLE IS LISTED. THE 56 DIVISION SHALL ASCERTAIN WHETHER A NAMED PERSON REASONABLY APPEARS TO BE S. 4205 60 1 A PERSON SO LISTED AND PROVIDE THE CALLER WITH THE RELEVANT INFORMATION 2 ACCORDING TO RISK AS DESCRIBED IN SUBDIVISION SIX OF SECTION ONE HUNDRED 3 SIXTY-SEVEN-F OF THIS ARTICLE. THE DIVISION SHALL DECIDE WHETHER THE 4 NAMED PERSON REASONABLY APPEARS TO BE A PERSON LISTED, BASED UPON INFOR- 5 MATION FROM THE CALLER PROVIDING INFORMATION THAT SHALL INCLUDE (A) AN 6 EXACT STREET ADDRESS, INCLUDING APARTMENT NUMBER, DRIVER'S LICENSE 7 NUMBER OR BIRTH DATE, ALONG WITH ADDITIONAL INFORMATION THAT MAY INCLUDE 8 SOCIAL SECURITY NUMBER, HAIR COLOR, EYE COLOR, HEIGHT, WEIGHT, DISTINC- 9 TIVE MARKINGS, ETHNICITY; OR (B) ANY COMBINATION OF THE ABOVE LISTED 10 CHARACTERISTICS IF AN EXACT BIRTH DATE OR ADDRESS IS NOT AVAILABLE. IF 11 THREE OF THE CHARACTERISTICS PROVIDED INCLUDE ETHNICITY, HAIR COLOR, AND 12 EYE COLOR, OTHER IDENTIFYING CHARACTERISTICS SHALL BE PROVIDED. ANY 13 INFORMATION IDENTIFYING THE VICTIM BY NAME, BIRTH DATE, ADDRESS OR 14 RELATION TO THE PERSON LISTED BY THE DIVISION SHALL BE EXCLUDED BY THE 15 DIVISION. 16 2. WHENEVER THERE IS REASONABLE CAUSE TO BELIEVE THAT ANY PERSON OR 17 GROUP OF PERSONS IS ENGAGED IN A PATTERN OR PRACTICE OF MISUSE OF THE 18 TELEPHONE NUMBER, THE ATTORNEY GENERAL, ANY DISTRICT ATTORNEY OR ANY 19 PERSON AGGRIEVED BY THE MISUSE OF THE NUMBER IS AUTHORIZED TO BRING A 20 CIVIL ACTION IN THE APPROPRIATE COURT REQUESTING PREVENTIVE RELIEF, 21 INCLUDING AN APPLICATION FOR A PERMANENT OR TEMPORARY INJUNCTION, 22 RESTRAINING ORDER OR OTHER ORDER AGAINST THE PERSON OR GROUP OF PERSONS 23 RESPONSIBLE FOR THE PATTERN OR PRACTICE OF MISUSE. THE FOREGOING REME- 24 DIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCEDURES THAT MAY 25 BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS OF LAW. SUCH 26 PERSON OR GROUP OF PERSONS SHALL BE SUBJECT TO A FINE OF NOT LESS THAN 27 FIVE HUNDRED DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS. 28 3. THE DIVISION SHALL SUBMIT TO THE LEGISLATURE AN ANNUAL REPORT ON 29 THE OPERATION OF THE TELEPHONE NUMBER. THE ANNUAL REPORT SHALL INCLUDE, 30 BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING: 31 (A) NUMBER OF CALLS RECEIVED; 32 (B) A DETAILED OUTLINE OF THE AMOUNT OF MONEY EXPENDED AND THE MANNER 33 IN WHICH IT WAS EXPENDED FOR PURPOSES OF THIS SECTION; 34 (C) NUMBER OF CALLS THAT RESULTED IN AN AFFIRMATIVE RESPONSE AND THE 35 NUMBER OF CALLS THAT RESULTED IN A NEGATIVE RESPONSE WITH REGARD TO 36 WHETHER A NAMED INDIVIDUAL WAS LISTED; 37 (D) NUMBER OF PERSONS LISTED; AND 38 (E) A SUMMARY OF THE SUCCESS OF THE TELEPHONE NUMBER PROGRAM BASED 39 UPON SELECTED FACTORS. 40 S 167-K. VIOLENT PREDATOR SUBDIRECTORY. 1. THE DIVISION SHALL MAINTAIN 41 A SUBDIRECTORY OF VIOLENT PREDATORS. THE SUBDIRECTORY SHALL INCLUDE THE 42 EXACT ADDRESS AND PHOTOGRAPH OF THE VIOLENT FELONY OFFENDER ALONG WITH 43 THE FOLLOWING INFORMATION, IF AVAILABLE: NAME, PHYSICAL DESCRIPTION, AGE 44 AND DISTINCTIVE MARKINGS. BACKGROUND INFORMATION INCLUDING THE VIOLENT 45 FELONY OFFENDER'S CRIME OF CONVICTION, MODUS OF OPERATION, TYPE OF 46 VICTIM TARGETED, AND A DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON THE 47 VIOLENT FELONY OFFENDER SHALL ALSO BE INCLUDED. THE SUBDIRECTORY SHALL 48 HAVE VIOLENT FELONY OFFENDER LISTINGS CATEGORIZED BY COUNTY AND ZIP 49 CODE. A COPY OF THE SUBDIRECTORY SHALL ANNUALLY BE DISTRIBUTED TO THE 50 OFFICES OF LOCAL VILLAGE, TOWN OR CITY POLICE DEPARTMENTS FOR PURPOSES 51 OF PUBLIC ACCESS. SUCH DEPARTMENTS SHALL REQUIRE THAT A PERSON IN WRIT- 52 ING EXPRESS A PURPOSE IN ORDER TO HAVE ACCESS TO THE SUBDIRECTORY AND 53 SUCH DEPARTMENT SHALL MAINTAIN THESE REQUESTS. ANY INFORMATION IDENTIFY- 54 ING THE VICTIM BY NAME, BIRTH DATE, ADDRESS OR RELATION TO THE VIOLENT 55 FELONY OFFENDER SHALL BE EXCLUDED FROM THE SUBDIRECTORY DISTRIBUTED FOR 56 PURPOSES OF PUBLIC ACCESS. THE SUBDIRECTORY PROVIDED FOR IN THIS SECTION S. 4205 61 1 SHALL BE UPDATED PERIODICALLY TO MAINTAIN ITS EFFICIENCY AND USEFULNESS 2 AND MAY BE COMPUTER ACCESSIBLE. 3 2. ANY PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO THIS SECTION 4 IN VIOLATION OF THE LAW SHALL IN ADDITION TO ANY OTHER PENALTY OR FINE 5 IMPOSED, BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND 6 NOT MORE THAN ONE THOUSAND DOLLARS. UNAUTHORIZED REMOVAL OR DUPLICATION 7 OF THE SUBDIRECTORY FROM THE OFFICES OF LOCAL, VILLAGE OR CITY POLICE 8 DEPARTMENT SHALL BE PUNISHABLE BY A FINE NOT TO EXCEED ONE THOUSAND 9 DOLLARS. IN ADDITION, THE ATTORNEY GENERAL, ANY DISTRICT ATTORNEY, OR 10 ANY PERSON AGGRIEVED IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPRO- 11 PRIATE COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION FOR 12 A PERMANENT OR TEMPORARY INJUNCTION, RESTRAINING ORDER, OR OTHER ORDER 13 AGAINST THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR SUCH ACTION. THE 14 FOREGOING REMEDIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCE- 15 DURES THAT MAY BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS 16 OF LAW. 17 S 167-L. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR AGENCY, 18 WHETHER PUBLIC OR PRIVATE, SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL 19 LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT 20 AND NECESSARY INFORMATION PURSUANT TO THIS SECTION, PROVIDED THAT IT IS 21 SHOWN THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED REASONABLY AND IN 22 GOOD FAITH. THE IMMUNITY PROVIDED UNDER THIS SECTION APPLIES TO THE 23 RELEASE OF RELEVANT INFORMATION TO OTHER EMPLOYEES OR OFFICIALS OR TO 24 THE GENERAL PUBLIC. 25 2. NOTHING IN THIS SECTION SHALL BE DEEMED TO IMPOSE ANY CIVIL OR 26 CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY 27 OFFICIAL, EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING TO 28 RELEASE INFORMATION AS AUTHORIZED IN THIS SECTION PROVIDED THAT IT IS 29 SHOWN THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED REASONABLY AND IN 30 GOOD FAITH. 31 S 167-M. ANNUAL REPORT. THE DIVISION SHALL ON OR BEFORE FEBRUARY FIRST 32 IN EACH YEAR FILE A REPORT WITH THE GOVERNOR, AND THE LEGISLATURE 33 DETAILING THE PROGRAM, COMPLIANCE WITH PROVISIONS OF THIS ARTICLE AND 34 EFFECTIVENESS OF THE PROVISIONS OF THIS ARTICLE, TOGETHER WITH ANY 35 RECOMMENDATIONS TO FURTHER ENHANCE THE INTENT OF THIS ARTICLE. 36 S 167-N. FAILURE TO REGISTER; PENALTY. ANY PERSON REQUIRED TO REGISTER 37 PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHO FAILS TO REGISTER IN THE 38 MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE SHALL BE 39 GUILTY OF A CLASS E FELONY FOR THE FIRST OFFENSE, AND FOR A SECOND OR 40 SUBSEQUENT OFFENSE SHALL BE GUILTY OF A CLASS D FELONY RESPECTIVELY IN 41 ACCORDANCE WITH SECTIONS 195.03 AND 195.04 OF THE PENAL LAW. ANY SUCH 42 FAILURE TO REGISTER MAY ALSO BE THE BASIS FOR REVOCATION OF PAROLE 43 PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW WHICH 44 SHALL BE IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW. 45 S 167-O. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE 46 OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA- 47 NOR. 48 S 167-P. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR 49 PART OF THIS ACT SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDIC- 50 TION TO BE INVALID AND AFTER EXHAUSTION OF ALL FURTHER JUDICIAL REVIEW, 51 THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THERE- 52 OF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE, SENTENCE, 53 PARAGRAPH, SECTION OR PART OF THIS ACT DIRECTLY INVOLVED IN THE CONTRO- 54 VERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED. 55 S 167-Q. SUBDIRECTORY; INTERNET POSTING. 1. THE DIVISION SHALL MAIN- 56 TAIN A SUBDIRECTORY OF LEVEL TWO AND THREE VIOLENT FELONY OFFENDERS. THE S. 4205 62 1 SUBDIRECTORY SHALL INCLUDE THE EXACT ADDRESS, ADDRESS OF THE OFFENDER'S 2 PLACE OF EMPLOYMENT AND PHOTOGRAPH OF THE VIOLENT FELONY OFFENDER ALONG 3 WITH THE FOLLOWING INFORMATION, IF AVAILABLE: NAME, PHYSICAL 4 DESCRIPTION, AGE AND DISTINCTIVE MARKINGS. BACKGROUND INFORMATION 5 INCLUDING THE VIOLENT FELONY OFFENDER'S CRIME OF CONVICTION, MODUS OF 6 OPERATION, TYPE OF VICTIM TARGETED, THE NAME AND ADDRESS OF ANY INSTITU- 7 TION OF HIGHER EDUCATION AT WHICH THE VIOLENT FELONY OFFENDER IS 8 ENROLLED, ATTENDS, IS EMPLOYED OR RESIDES AND A DESCRIPTION OF SPECIAL 9 CONDITIONS IMPOSED ON THE VIOLENT FELONY OFFENDER SHALL ALSO BE 10 INCLUDED. THE SUBDIRECTORY SHALL HAVE VIOLENT FELONY OFFENDER LISTINGS 11 CATEGORIZED BY COUNTY AND ZIP CODE. A COPY OF THE SUBDIRECTORY SHALL 12 ANNUALLY BE DISTRIBUTED TO THE OFFICES OF LOCAL VILLAGE, TOWN, CITY, 13 COUNTY OR STATE LAW ENFORCEMENT AGENCIES FOR PURPOSES OF PUBLIC ACCESS. 14 THE DIVISION SHALL DISTRIBUTE MONTHLY UPDATES TO THE OFFICES OF LOCAL 15 VILLAGE, TOWN, CITY, COUNTY OR STATE LAW ENFORCEMENT AGENCIES FOR 16 PURPOSES OF PUBLIC ACCESS. SUCH DEPARTMENTS SHALL REQUIRE THAT A PERSON 17 IN WRITING PROVIDE THEIR NAME AND ADDRESS PRIOR TO VIEWING THE SUBDIREC- 18 TORY. ANY INFORMATION IDENTIFYING THE VICTIM BY NAME, BIRTH DATE, 19 ADDRESS OR RELATION TO THE VIOLENT FELONY OFFENDER SHALL BE EXCLUDED 20 FROM THE SUBDIRECTORY DISTRIBUTED FOR PURPOSES OF PUBLIC ACCESS. THE 21 SUBDIRECTORY PROVIDED FOR HEREIN SHALL BE UPDATED MONTHLY TO MAINTAIN 22 ITS EFFICIENCY AND USEFULNESS AND SHALL BE COMPUTER ACCESSIBLE. SUCH 23 SUBDIRECTORY SHALL BE MADE AVAILABLE AT ALL TIMES ON THE INTERNET VIA 24 THE DIVISION HOMEPAGE. ANY PERSON MAY APPLY TO THE DIVISION TO RECEIVE 25 AUTOMATED E-MAIL NOTIFICATIONS WHENEVER A NEW OR UPDATED SUBDIRECTORY 26 REGISTRATION OCCURS IN A GEOGRAPHIC AREA SPECIFIED BY SUCH PERSON. THE 27 DIVISION SHALL FURNISH SUCH SERVICE AT NO CHARGE TO SUCH PERSON, WHO 28 SHALL REQUEST E-MAIL NOTIFICATION BY COUNTY AND/OR ZIP CODE ON FORMS 29 DEVELOPED AND PROVIDED BY THE DIVISION. E-MAIL NOTIFICATION IS LIMITED 30 TO THREE GEOGRAPHIC AREAS PER E-MAIL ACCOUNT. 31 2. ANY PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO THIS SECTION 32 IN VIOLATION OF THE LAW SHALL IN ADDITION TO ANY OTHER PENALTY OR FINE 33 IMPOSED, BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND 34 NOT MORE THAN ONE THOUSAND DOLLARS. UNAUTHORIZED REMOVAL OR DUPLICATION 35 OF THE SUBDIRECTORY FROM THE OFFICES OF LOCAL, VILLAGE OR CITY POLICE 36 DEPARTMENT SHALL BE PUNISHABLE BY A FINE NOT TO EXCEED ONE THOUSAND 37 DOLLARS. IN ADDITION, THE ATTORNEY GENERAL, ANY DISTRICT ATTORNEY, OR 38 ANY PERSON AGGRIEVED IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPRO- 39 PRIATE COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION FOR 40 A PERMANENT OR TEMPORARY INJUNCTION, RESTRAINING ORDER, OR OTHER ORDER 41 AGAINST THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR SUCH ACTION. THE 42 FOREGOING REMEDIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCE- 43 DURES THAT MAY BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS 44 OF LAW. 45 S 4. This act shall take effect on the one hundred eightieth day after 46 it shall have become a law; provided, however, that effective immediate- 47 ly, the addition, amendment and/or repeal of any rule or regulation 48 necessary for the implementation of this act on its effective date are 49 authorized and directed to be made and completed on or before such 50 effective date. 51 PART R 52 Section 1. The penal law is amended by adding a new section 220.26 to 53 read as follows: 54 S 220.26 PRESUMPTION OF INTENT TO SELL. S. 4205 63 1 FOR THE PURPOSES OF A PROSECUTION OF A CHARGE UNDER SUBDIVISION ONE OF 2 SECTION 220.16 OF THIS ARTICLE, THE POSSESSION OF FIFTY OR MORE INDIVID- 3 UAL PACKAGES CONTAINING THE CONTROLLED SUBSTANCE DEFINED UNDER PARAGRAPH 4 ELEVEN OF SUBDIVISION (C) OF SCHEDULE I OF SECTION THIRTY-THREE HUNDRED 5 SIX OF THE PUBLIC HEALTH LAW AND/OR THE POSSESSION OF SUCH CONTROLLED 6 SUBSTANCE IN AN AMOUNT HAVING AN AGGREGATE VALUE OF THREE HUNDRED 7 DOLLARS OR MORE, IS PRESUMPTIVE EVIDENCE THAT SUCH PERSON POSSESSED SUCH 8 CONTROLLED SUBSTANCE WITH INTENT TO SELL IT. 9 S 2. This act shall take effect on the ninetieth day after it shall 10 have become a law. 11 PART S 12 Section 1. Paragraphs (e) and (g) of subdivision 2 of section 1349 of 13 the civil practice law and rules, paragraph (e) as added by chapter 655 14 of the laws of 1990 and paragraph (g) as amended by chapter 398 of the 15 laws of 2004, are amended to read as follows: 16 (e) In addition to amounts, if any, distributed pursuant to paragraph 17 (d) of this subdivision, [fifteen] TWENTY-FIVE percent of all moneys 18 realized through forfeiture to the claiming authority in satisfaction of 19 actual costs and expenses incurred in the investigation, preparation and 20 litigation of the forfeiture action, including that proportion of the 21 salaries of the attorneys, clerical and investigative personnel devoted 22 thereto, plus all costs and disbursements taxable under the provisions 23 of this chapter. IF THE ACTUAL COSTS SUBMITTED BY THE CLAIMING AUTHORITY 24 PURSUANT TO THIS PARAGRAPH ARE LESS THAN THE CORPUS OF THE TWENTY-FIVE 25 PERCENT ALLOCATED AND ALLOWABLE FOR REIMBURSEMENT BY THIS SUBDIVISION, 26 THE CLAIMING AUTHORITY MAY RETAIN THE ADDITIONAL MONIES IN A DISTINCT 27 SUBACCOUNT SEGREGATED FROM THE CLAIMING AUTHORITY'S OTHER OPERATING 28 ACCOUNTS, SAID ADDITIONAL MONIES SHALL BE RESTRICTED TO USE BY THE 29 CLAIMING AUTHORITY ONLY FOR INVESTIGATION AND PROSECUTION OF ARTICLE TWO 30 HUNDRED TWENTY OFFENSES OF THE PENAL LAW; 31 (g) [Forty] FIFTY percent of all moneys realized through forfeiture 32 which are remaining after distributions pursuant to paragraphs (a) 33 through (f) of this subdivision, to the chemical dependence service fund 34 established pursuant to section ninety-seven-w of the state finance law; 35 S 2. Subparagraphs (i) and (ii) of paragraph (h) of subdivision 2 of 36 section 1349 of the civil practice law and rules, as added by chapter 37 655 of the laws of 1990, are amended to read as follows: 38 (i) [seventy-five] FIFTY percent of such moneys shall be deposited to 39 a law enforcement purposes subaccount of the general fund of the state 40 where the claiming agent is an agency of the state or the political 41 subdivision or public authority of which the claiming agent is a part, 42 to be used for law enforcement use in the investigation of penal law 43 offenses; 44 (ii) the remaining [twenty-five] FIFTY percent of such moneys shall be 45 deposited to a prosecution services subaccount of the general fund of 46 the state where the claiming authority is the attorney general or the 47 political subdivision of which the claiming authority is a part, to be 48 used for the prosecution of ARTICLE TWO HUNDRED TWENTY OFFENSES OF THE 49 penal law [offenses]. 50 S 3. This act shall take effect immediately. 51 PART T S. 4205 64 1 Section 1. Section 1000 of the retirement and social security law, as 2 added by chapter 548 of the laws of 2000, subdivision 9 as added by 3 chapter 547 of the laws of 2002 and subdivision 10 as added by chapter 4 18 of the laws of 2012, is amended to read as follows: 5 S 1000. Military service credit. Notwithstanding any law to the 6 contrary, a member of a public retirement system of the state, as 7 defined in subdivision twenty-three of section five hundred one of this 8 chapter, shall be eligible for credit for military service as hereinaft- 9 er provided: 10 1. A member, upon application to such retirement system, may obtain a 11 total not to exceed three years of service credit for up to three years 12 of military duty, as defined in section two hundred forty-three of the 13 military law, if the member was honorably discharged from the military 14 [and all or part of such military service was rendered during the 15 following periods: (a) commencing December seventh, nineteen hundred 16 forty-one and terminating December thirty-first, nineteen hundred 17 forty-six; (b) commencing June twenty-seventh, nineteen hundred fifty 18 and terminating January thirty-first, nineteen hundred fifty-five; or 19 (c) commencing February twenty-eighth, nineteen hundred sixty-one and 20 terminating May seventh, nineteen hundred seventy-five; 21 2. A member, upon application to such retirement system, may obtain a 22 total not to exceed three years of service credit for up to three years 23 of military duty, as defined in section two hundred forty-three of the 24 military law, if honorably discharged therefrom, if all or part of such 25 services was rendered in the military conflicts referenced below, as 26 follows: 27 (a) hostilities participated in by the military forces of the United 28 States in Lebanon, from the first day of June, nineteen hundred eighty- 29 three to the first day of December, nineteen hundred eighty-seven, as 30 established by receipt of the armed forces expeditionary medal, the navy 31 expeditionary medal, or the marine corps expeditionary medal; 32 (b) hostilities participated in by the military forces of the United 33 States in Grenada, from the twenty-third day of October, nineteen 34 hundred eighty-three to the twenty-first day of November, nineteen 35 hundred eighty-three, as established by receipt of the armed forces 36 expeditionary medal, the navy expeditionary medal, or the marine corps 37 expeditionary medal; 38 (c) hostilities participated in by the military forces of the United 39 States in Panama, from the twentieth day of December, nineteen hundred 40 eighty-nine to the thirty-first day of January, nineteen hundred ninety, 41 as established by receipt of the armed forces expeditionary medal, the 42 navy expeditionary medal, or the marine corps expeditionary medal; or 43 (d) hostilities participated in by the military forces of the United 44 States, from the second day of August, nineteen hundred ninety, to the 45 end of such hostilities in case of a veteran who served in the theater 46 of operations including Iraq, Kuwait, Saudi Arabia, Bahrain, Qatar, the 47 United Arab Emirates, Oman, the Gulf of Aden, the Gulf of Oman, the 48 Persian Gulf, the Red Sea, and the airspace above these locations]. 49 [3] 2. A member must have at least five years of credited service (not 50 including service granted hereunder) to be eligible to receive credit 51 under this section. 52 [4] 3. To obtain such credit, a member shall pay such retirement 53 system, for deposit in the fund used to accumulate employer contrib- 54 utions, a sum equal to the product of the number of years of military 55 service being claimed and three percent of such member's compensation 56 earned during the twelve months of credited service immediately preced- S. 4205 65 1 ing the date that the member made application for credit pursuant to 2 this section. If permitted by rule or regulation of the applicable 3 retirement system, the member may pay such member costs by payroll 4 deduction for a period which shall not exceed the time period of mili- 5 tary service to be credited pursuant to this section. In the event the 6 member leaves the employer payroll prior to completion of payment, he or 7 she shall forward all remaining required payments to the appropriate 8 retirement system prior to the effective date of retirement. If the full 9 amount of such member costs is not paid to the appropriate retirement 10 system prior to the member's retirement, the amount of service credited 11 shall be proportional to the total amount of the payments made prior to 12 retirement. 13 [5] 4. In no event shall the credit granted pursuant to this section, 14 when added to credit granted for military service with any retirement 15 system of this state pursuant to this or any other provision of law, 16 exceed a total of three years. 17 [6] 5. To be eligible to receive credit for military service under 18 this section, a member must make application for such credit before the 19 effective date of retirement. [Notwithstanding the foregoing provisions 20 of this subdivision, an individual who retired on or after December 21 twenty-first, nineteen hundred ninety-eight and before the effective 22 date of this section may make application for credit pursuant to this 23 section within one year following the effective date of this section, in 24 which event, the cost to the retiree would be based on the twelve month 25 period immediately preceding retirement.] 26 [7] 6. All costs for service credited to a member pursuant to this 27 section, other than the member costs set forth in subdivision [three] 28 TWO of this section, shall be paid by the state and all employers which 29 participate in the retirement system in which such member is granted 30 credit. 31 [8] 7. A member who has purchased military service credit pursuant to 32 section two hundred forty-four-a of the military law shall be entitled 33 to a refund of the difference between the amount paid by the member for 34 such purchase and the amount that would be payable if service had been 35 purchased pursuant to this section. 36 [9] 8. Notwithstanding any other provision of law, in the event of 37 death prior to retirement, amounts paid by the member for the purchase 38 of military service credit pursuant to this section shall be refunded, 39 with interest, to the extent the military service purchased with such 40 amounts does not produce a greater death benefit than would have been 41 payable had the member not purchased such credit. 42 Notwithstanding any other provision of law, in the event of retire- 43 ment, amounts paid by the member for the purchase of military service 44 credit pursuant to this section shall be refunded, with interest, to the 45 extent the military service purchased with such amounts does not produce 46 a greater retirement allowance than would have been payable had the 47 member not purchased such credit. 48 [10.] 9. Anything to the contrary in subdivision [four] THREE of this 49 section notwithstanding, to obtain such credit, a member who first joins 50 a public retirement system of the state on or after April first, two 51 thousand twelve shall pay such retirement system, for deposit in the 52 fund used to accumulate employer contributions, a sum equal to the prod- 53 uct of the number of years of military service being claimed and six 54 percent of such member's compensation earned during the twelve months of 55 credited service immediately preceding the date that the member made 56 application for credit pursuant to this section. S. 4205 66 1 S 2. The sum of thirty-one million five hundred thousand dollars 2 ($31,500,000), or so much thereof as may be necessary, is hereby appro- 3 priated to the department of audit and control out of any moneys in the 4 state treasury in the general fund to the credit of the state purposes 5 account, not otherwise appropriated, and made immediately available, for 6 the purpose of carrying out the provisions of this act. Such moneys 7 shall be payable on the audit and warrant of the comptroller on vouchers 8 certified or approved by the head of the appropriate public retirement 9 system in the manner prescribed by law. 10 S 3. This act shall take effect immediately. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill would allow up to three (3) years of service credit for military duty by removing all existing requirements that such military service be performed during certain war periods, during certain hostil- ities while in the theater of operations or upon the receipt of an expeditionary medal. However, the total service credit granted for active and peacetime military service shall not exceed three (3) years. Tier 6 members would be required to make a payment of six percent of current compensation per year of additional service credit granted by this bill. Members of all other Tiers would be required to make a payment of three percent of current compensation per year of additional service credit granted by this bill. Members must have at least five (5) years of credited service (not including military service). If this bill is enacted, insofar as this proposal affects the New York State and Local Employees' Retirement System (ERS), it is estimated that the past service cost will average approximately 12% (9% for Tier 6) of an affected members' compensation for each year of additional service credit that is purchased. Insofar as this proposal affects the New York State and Local Police and Fire Retirement System (PFRS), it is estimated that the past service cost will average approximately 17% (14% for Tier 6) of an affected members' compensation for each year of additional service that is purchased. The exact number of current members as well as future members who could be affected by this legislation cannot be readily determined. ERS Costs: Pursuant to Section 25 of the Retirement and Social Securi- ty Law, the increased cost to the New York State and Local Employees' Retirement System would be borne entirely by the State of New York and would require an itemized appropriation sufficient to pay the cost of the provision. Since a member can apply for this service credit at any time prior to retirement, a precise cost can't be determined until each member, as well as future members, applies for the service credit. Every year a cost will be determined (and billed to the state) based on those benefiting from this provision. PFRS Costs: These costs would be shared by the State of New York and the participating employers in the PFRS. Summary of relevant resources: The membership data used in measuring the impact of the proposed change was the same as that used in the March 31, 2014 actuarial valu- ation. Distributions and other statistics can be found in the 2014 Report of the Actuary and the 2014 Comprehensive Annual Financial Report. The actuarial assumptions and methods used are described in the 2010, 2011, 2012, 2013 and 2014 Annual Report to the Comptroller on Actuarial Assumptions, and the Codes Rules and Regulations of the State of New York: Audit and Control. S. 4205 67 The Market Assets and GASB Disclosures are found in the March 31, 2014 New York State and Local Retirement System Financial Statements and Supplementary Information. I am a member of the American Academy of Actuaries and meet the Quali- fication Standards to render the actuarial opinion contained herein. This estimate, dated February 11, 2015 and intended for use only during the 2015 Legislative Session, is Fiscal Note No. 2015-65, prepared by the Actuary for the New York State and Local Employees' Retirement System and the New York State and Local Police and Fire Retirement System. 1 PART U 2 Section 1. The executive law is amended by adding a new section 719 to 3 read as follows: 4 S 719. QUINQUENNIAL CYBER SECURITY REPORT. 1. THE COMMISSIONER, IN 5 CONSULTATION WITH THE SUPERINTENDENT OF THE STATE POLICE, THE CHIEF 6 INFORMATION OFFICER, AND THE PRESIDENT OF THE CENTER FOR INTERNET SECU- 7 RITY, SHALL PREPARE A REPORT, TO BE DELIVERED TO THE GOVERNOR, THE 8 TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE 9 CHAIR OF THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY 10 AND MILITARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE 11 ON GOVERNMENTAL OPERATIONS, ON OR BEFORE THE FIRST DAY OF SEPTEMBER, TWO 12 THOUSAND FIFTEEN, AND THEN EVERY FIVE YEARS THEREAFTER, WHICH PROVIDES A 13 COMPREHENSIVE REVIEW OF ALL CYBER SECURITY SERVICES PERFORMED BY, AND ON 14 BEHALF OF, THE STATE OF NEW YORK. 15 2. THE REPORT REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, 16 SHALL INCLUDE A DETAILED ASSESSMENT OF EACH AND EVERY CYBER SECURITY 17 NEED OF THE STATE OF NEW YORK, INCLUDING BUT NOT LIMITED TO, ITS STATE 18 AGENCIES AND ITS PUBLIC AUTHORITIES, AND FOR EACH AND EVERY SUCH CYBER 19 SECURITY NEED SO IDENTIFIED, SHALL FURTHER INCLUDE A DETAILED 20 DESCRIPTION OF: 21 (A) THE TYPE OF CYBER SECURITY SERVICE USED TO ADDRESS SUCH NEED; 22 (B) THE SCOPE OF THE NEED SO ADDRESSED, AS WELL AS THE SCOPE OF THE 23 SERVICE USED TO ADDRESS SUCH NEED; 24 (C) THE COST OF THE SERVICE USED TO ADDRESS SUCH NEED; 25 (D) THE EFFECTIVENESS OF THE CYBER SECURITY SERVICE USED TO ADDRESS 26 SUCH NEED; 27 (E) THE ENTITY PROVIDING SUCH CYBER SECURITY SERVICE USED TO ADDRESS 28 SUCH NEED; 29 (F) THE GOVERNMENT, INDUSTRY AND/OR ACADEMICALLY ACCEPTED BEST CYBER 30 SECURITY PRACTICE FOR ADDRESSING SUCH NEED; 31 (G) HOW OTHER STATES, AND THE FEDERAL GOVERNMENT HAVE ADDRESSED SUCH 32 NEED; AND 33 (H) HOW PRIVATE SECTOR ENTITIES ADDRESSED SUCH NEED. 34 3. DURING THE PREPARATION OF THE REPORT REQUIRED BY SUBDIVISION ONE OF 35 THIS SECTION, AND AFTER ITS DELIVERY TO THE PERSONS IDENTIFIED TO 36 RECEIVE SUCH REPORT, THE COMMISSIONER, THE SUPERINTENDENT OF THE STATE 37 POLICE, THE CHIEF INFORMATION OFFICER, AND THE PRESIDENT OF THE CENTER 38 FOR INTERNET SECURITY, AS WELL AS THE DIVISIONS, OFFICES AND CORPO- 39 RATIONS UNDER THEIR DIRECTION, SHALL PROVIDE TO SUCH PERSONS ENTITLED TO 40 RECEIVE SUCH REPORT, ANY AND ALL ADDITIONAL INFORMATION SUCH PERSONS MAY 41 REQUEST, WITH RESPECT TO ANY CYBER SECURITY ISSUE CONCERNING: 42 (A) THE STATE OF NEW YORK, INCLUDING BUT NOT LIMITED TO, ANY AGENCY, 43 BOARD, BUREAU, COMMISSION, DEPARTMENT, DIVISION, INSTITUTION, OFFICE, OR 44 PUBLIC AUTHORITY OF THE STATE; S. 4205 68 1 (B) ANY LOCAL GOVERNMENT ENTITY, INCLUDING BUT NOT LIMITED TO, ANY 2 COUNTY, TOWN, CITY, VILLAGE, SCHOOL DISTRICT, SPECIAL DISTRICT, AND ANY 3 AGENCY, BOARD, BUREAU, COMMISSION, DEPARTMENT, DIVISION, INSTITUTION, 4 OFFICE, OR PUBLIC AUTHORITY OF SUCH LOCAL GOVERNMENT ENTITY; 5 (C) ANY REGULATED ENTITY OF THE STATE OF NEW YORK OR LOCAL GOVERNMENT 6 ENTITY; 7 (D) ANY NOT-FOR-PROFIT CORPORATION IN THE STATE OF NEW YORK; 8 (E) ANY PRIVATE SECTOR BUSINESS IN THE STATE OF NEW YORK, INCLUDING 9 BUT NOT LIMITED TO, A SOLE PROPRIETOR, PARTNERSHIP, LIMITED LIABILITY 10 COMPANY OR BUSINESS CORPORATION; AND/OR 11 (F) ANY CITIZEN OF THE STATE OF NEW YORK. 12 4. WHERE COMPLIANCE WITH THIS SECTION SHALL REQUIRE THE DISCLOSURE OF 13 CONFIDENTIAL INFORMATION, OR THE DISCLOSURE OF SENSITIVE INFORMATION 14 WHICH IN THE JUDGMENT OF THE COMMISSIONER WOULD JEOPARDIZE THE CYBER 15 SECURITY OF THE STATE: 16 (A) SUCH CONFIDENTIAL OR SENSITIVE INFORMATION SHALL BE PROVIDED TO 17 THE PERSONS ENTITLED TO RECEIVE THE REPORT AS PROVIDED BY SUBDIVISION 18 ONE OF THIS SECTION, AS FOLLOWS: 19 (I) IN THE CASE OF THE REPORT REQUIRED BY SUBDIVISION ONE OF THIS 20 SECTION, IN THE FORM OF A SUPPLEMENTAL APPENDIX TO THE REPORT; AND 21 (II) IN THE CASE OF A RESPONSE TO A REQUEST FOR INFORMATION MADE IN 22 ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, IN A SECURE MANNER AS 23 DETERMINED BY THE COMMISSIONER; 24 (B) NEITHER A SUPPLEMENTAL APPENDIX TO THE REPORT, NOR ANY CONFIDEN- 25 TIAL OR SENSITIVE INFORMATION PROVIDED IN ACCORDANCE WITH SUBDIVISION 26 THREE OF THIS SECTION, SHALL BE POSTED ON THE DIVISION'S WEBSITE AS 27 REQUIRED BY SUBDIVISION FIVE OF THIS SECTION; 28 (C) NEITHER A SUPPLEMENTAL APPENDIX TO THE REPORT, NOR ANY CONFIDEN- 29 TIAL OR SENSITIVE INFORMATION PROVIDED IN ACCORDANCE WITH SUBDIVISION 30 THREE OF THIS SECTION, SHALL BE SUBJECT TO THE PROVISIONS OF THE FREEDOM 31 OF INFORMATION LAW PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW; 32 AND 33 (D) THE PERSONS ENTITLED TO RECEIVE THE REPORT AS PROVIDED BY SUBDIVI- 34 SION ONE OF THIS SECTION, MAY DISCLOSE THE SUPPLEMENTAL APPENDIX TO THE 35 REPORT, AND ANY CONFIDENTIAL OR SENSITIVE INFORMATION PROVIDED IN 36 ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, TO THEIR PROFESSIONAL 37 STAFF, BUT SHALL NOT OTHERWISE PUBLICLY DISCLOSE SUCH CONFIDENTIAL OR 38 SECURE INFORMATION. 39 5. EXCEPT WITH RESPECT TO ANY CONFIDENTIAL OR SENSITIVE INFORMATION AS 40 DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION, THE DIVISION SHALL POST A 41 COPY OF THE REPORT PREPARED IN ACCORDANCE WITH SUBDIVISION ONE OF THIS 42 SECTION, ON ITS WEBSITE, NOT MORE THAN FIFTEEN DAYS AFTER SUCH REPORT IS 43 DELIVERED TO THE PERSONS ENTITLED TO RECEIVE SUCH REPORT. THE DIVISION 44 MAY FURTHER POST ANY AND ALL FURTHER INFORMATION IT MAY DEEM APPROPRI- 45 ATE, ON ITS WEBSITE, REGARDING CYBER SECURITY, AND THE PROTECTION OF 46 PUBLIC AND PRIVATE COMPUTER SYSTEMS, NETWORKS, HARDWARE AND SOFTWARE. 47 S 2. This act shall take effect immediately. 48 PART V 49 Section 1. The executive law is amended by adding a new section 719 to 50 read as follows: 51 S 719. NEW YORK STATE CYBER SECURITY INITIATIVE. 1. LEGISLATIVE FIND- 52 INGS. THE LEGISLATURE FINDS AND DECLARES THAT REPEATED CYBER INTRUSIONS 53 INTO CRITICAL INFRASTRUCTURE, EFFECTING GOVERNMENT, PRIVATE SECTOR BUSI- S. 4205 69 1 NESS, AND CITIZENS OF THE STATE OF NEW YORK, HAVE DEMONSTRATED THE NEED 2 FOR IMPROVED CYBER SECURITY. 3 THE LEGISLATURE FURTHER FINDS AND DECLARES THAT THIS CYBER THREAT 4 CONTINUES TO GROW AND REPRESENTS ONE OF THE MOST SERIOUS PUBLIC SECURITY 5 CHALLENGES THAT NEW YORK MUST CONFRONT. MOREOVER, THE SECURITY OF THE 6 STATE OF NEW YORK DEPENDS ON THE RELIABLE FUNCTIONING OF NEW YORK 7 STATE'S CRITICAL INFRASTRUCTURE, AND PRIVATE SECTOR BUSINESS INTERESTS, 8 AS WELL AS THE PROTECTION OF THE FINANCES AND INDIVIDUAL LIBERTIES OF 9 EVERY CITIZEN, IN THE FACE OF SUCH THREATS. 10 THE LEGISLATURE ADDITIONALLY FINDS AND DECLARES THAT TO ENHANCE THE 11 SECURITY, PROTECTION AND RESILIENCE OF NEW YORK STATE'S CRITICAL INFRAS- 12 TRUCTURE, AND PRIVATE SECTOR BUSINESS INTERESTS, AS WELL AS THE 13 PROTECTION OF THE FINANCES AND INDIVIDUAL LIBERTIES OF EVERY CITIZEN, 14 THE STATE OF NEW YORK MUST PROMOTE A CYBER ENVIRONMENT THAT ENCOURAGES 15 EFFICIENCY, INNOVATION, AND ECONOMIC PROSPERITY, AND THAT CAN OPERATE 16 WITH SAFETY, SECURITY, BUSINESS CONFIDENTIALITY, PRIVACY, AND CIVIL 17 LIBERTY. 18 THE LEGISLATURE FURTHER FINDS AND DECLARES THAT TO CREATE SUCH A SAFE 19 AND SECURE CYBER ENVIRONMENT FOR GOVERNMENT, PRIVATE SECTOR BUSINESS AND 20 INDIVIDUAL CITIZENS, NEW YORK MUST ADVANCE, IN ADDITION TO ITS CURRENT 21 EFFORTS IN THIS FIELD, A NEW YORK STATE CYBER SECURITY INITIATIVE, THAT 22 ESTABLISHES A NEW YORK STATE CYBER SECURITY ADVISORY BOARD; A NEW YORK 23 STATE CYBER SECURITY PARTNERSHIP PROGRAM WITH THE OWNERS AND OPERATORS 24 OF CRITICAL INFRASTRUCTURE, PRIVATE SECTOR BUSINESS, ACADEMIA, AND INDI- 25 VIDUAL CITIZENS TO IMPROVE, DEVELOP AND IMPLEMENT RISK-BASED STANDARDS 26 FOR GOVERNMENT, PRIVATE SECTOR BUSINESSES AND INDIVIDUAL CITIZENS; AND A 27 NEW YORK STATE CYBER SECURITY INFORMATION SHARING PROGRAM. 28 2. CRITICAL INFRASTRUCTURE AND INFORMATION SYSTEMS. AS USED IN THIS 29 SECTION, THE TERM "CRITICAL INFRASTRUCTURE AND INFORMATION SYSTEMS" 30 SHALL MEAN ALL SYSTEMS AND ASSETS, WHETHER PHYSICAL OR VIRTUAL, SO VITAL 31 TO THE GOVERNMENT, PRIVATE SECTOR BUSINESSES AND INDIVIDUAL CITIZENS OF 32 THE STATE OF NEW YORK THAT THE INCAPACITY OR DESTRUCTION OF SUCH SYSTEMS 33 AND ASSETS WOULD HAVE A DEBILITATING IMPACT TO THE SECURITY, ECONOMY, OR 34 PUBLIC HEALTH OF THE INDIVIDUAL CITIZENS, GOVERNMENT, OR PRIVATE SECTOR 35 BUSINESSES OF THE STATE OF NEW YORK. 36 3. NEW YORK STATE CYBER SECURITY ADVISORY BOARD. (A) THERE SHALL BE 37 WITHIN THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, A NEW 38 YORK STATE CYBER SECURITY ADVISORY BOARD, WHICH SHALL ADVISE THE GOVER- 39 NOR AND THE LEGISLATURE ON DEVELOPMENTS IN CYBER SECURITY AND MAKE 40 RECOMMENDATIONS FOR PROTECTING THE STATE'S CRITICAL INFRASTRUCTURE AND 41 INFORMATION SYSTEMS. 42 (B) THE BOARD MEMBERS SHALL CONSIST OF ELEVEN MEMBERS APPOINTED BY THE 43 GOVERNOR, WITH THREE MEMBERS APPOINTED UPON RECOMMENDATION OF THE TEMPO- 44 RARY PRESIDENT OF THE SENATE, AND THREE MEMBERS APPOINTED AT THE RECOM- 45 MENDATION OF THE SPEAKER OF THE ASSEMBLY. ALL MEMBERS SO APPOINTED SHALL 46 HAVE EXPERTISE IN CYBER SECURITY, TELECOMMUNICATIONS, INTERNET SERVICE 47 DELIVERY, PUBLIC PROTECTION, COMPUTER SYSTEMS AND/OR COMPUTER NETWORKS. 48 (C) THE BOARD SHALL INVESTIGATE, DISCUSS AND MAKE RECOMMENDATIONS 49 CONCERNING CYBER SECURITY ISSUES INVOLVING BOTH THE PUBLIC AND PRIVATE 50 SECTORS AND WHAT STEPS CAN BE TAKEN BY NEW YORK STATE TO PROTECT CRIT- 51 ICAL CYBER INFRASTRUCTURE, FINANCIAL SYSTEMS, TELECOMMUNICATIONS 52 NETWORKS, ELECTRICAL GRIDS, SECURITY SYSTEMS, FIRST RESPONDER SYSTEMS 53 AND INFRASTRUCTURE, PHYSICAL INFRASTRUCTURE SYSTEMS, TRANSPORTATION 54 SYSTEMS, AND SUCH OTHER AND FURTHER SECTORS OF STATE GOVERNMENT AND THE 55 PRIVATE SECTOR AS THE ADVISORY BOARD SHALL DEEM PRUDENT. S. 4205 70 1 (D) THE PURPOSE OF THE ADVISORY BOARD SHALL BE TO PROMOTE THE DEVELOP- 2 MENT OF INNOVATIVE, ACTIONABLE POLICIES TO ENSURE THAT NEW YORK STATE IS 3 IN THE FOREFRONT OF PUBLIC CYBER SECURITY DEFENSE. 4 (E) THE MEMBERS OF THE ADVISORY BOARD SHALL RECEIVE NO COMPENSATION 5 FOR THEIR SERVICES, BUT MAY RECEIVE ACTUAL AND NECESSARY EXPENSES, AND 6 SHALL NOT BE DISQUALIFIED FOR HOLDING ANY OTHER PUBLIC OFFICE OR EMPLOY- 7 MENT BY MEANS OF THEIR SERVICE AS A MEMBER OF THE ADVISORY BOARD. 8 (F) THE ADVISORY BOARD SHALL BE ENTITLED TO REQUEST AND RECEIVE, AND 9 SHALL BE PROVIDED WITH, SUCH FACILITIES, RESOURCES AND DATA OF ANY AGEN- 10 CY, DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION, OR PUBLIC AUTHORITY 11 OF THE STATE, AS THEY MAY REASONABLY REQUEST, TO CARRY OUT PROPERLY 12 THEIR POWERS, DUTIES AND PURPOSE. 13 4. NEW YORK STATE CYBER SECURITY INFORMATION SHARING AND THREAT 14 PREVENTION PROGRAM. (A) THE DIVISION OF HOMELAND SECURITY AND EMERGENCY 15 SERVICES, IN CONSULTATION WITH THE DIVISION OF THE STATE POLICE, THE 16 STATE OFFICE OF INFORMATION TECHNOLOGY SERVICES, AND THE CENTER FOR 17 INTERNET SECURITY, SHALL ESTABLISH, WITHIN SIXTY DAYS OF THE EFFECTIVE 18 DATE OF THIS SECTION, A NEW YORK STATE CYBER SECURITY INFORMATION SHAR- 19 ING AND THREAT PREVENTION PROGRAM. 20 (B) IT SHALL BE THE PURPOSE OF THE NEW YORK STATE CYBER SECURITY 21 INFORMATION SHARING AND THREAT PREVENTION PROGRAM TO INCREASE THE 22 VOLUME, TIMELINESS, AND QUALITY OF CYBER THREAT INFORMATION SHARED WITH 23 NEW YORK STATE PUBLIC AND PRIVATE SECTOR ENTITIES SO THAT THESE ENTITIES 24 MAY BETTER PROTECT AND DEFEND THEMSELVES AGAINST CYBER THREATS AND TO 25 PROMOTE THE DEVELOPMENT OF EFFECTIVE DEFENSES AND STRATEGIES TO COMBAT, 26 AND PROTECT AGAINST, CYBER THREATS AND ATTACKS. 27 (C) TO FACILITATE THE PURPOSES OF THE NEW YORK STATE CYBER SECURITY 28 INFORMATION SHARING AND THREAT PREVENTION PROGRAM, THE DIVISION OF HOME- 29 LAND SECURITY AND EMERGENCY SERVICES, SHALL PROMULGATE REGULATIONS, IN 30 ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION. 31 (D) THE REGULATIONS SHALL PROVIDE FOR THE TIMELY PRODUCTION OF UNCLAS- 32 SIFIED REPORTS OF CYBER THREATS TO NEW YORK STATE AND ITS PUBLIC AND 33 PRIVATE SECTOR ENTITIES, INCLUDING THREATS THAT IDENTIFY A SPECIFIC 34 TARGETED ENTITY. 35 (E) THE REGULATIONS SHALL ADDRESS THE NEED TO PROTECT INTELLIGENCE AND 36 LAW ENFORCEMENT SOURCES, METHODS, OPERATIONS, AND INVESTIGATIONS, AND 37 SHALL FURTHER ESTABLISH A PROCESS THAT RAPIDLY DISSEMINATES THE REPORTS 38 PRODUCED PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION, TO BOTH ANY 39 TARGETED ENTITY AS WELL AS SUCH OTHER AND FURTHER PUBLIC AND PRIVATE 40 ENTITIES AS THE DIVISION SHALL DEEM NECESSARY TO ADVANCE THE PURPOSES OF 41 THIS SUBDIVISION. 42 (F) THE REGULATIONS SHALL FURTHER ESTABLISH A SYSTEM FOR TRACKING THE 43 PRODUCTION, DISSEMINATION, AND DISPOSITION OF THE REPORTS PRODUCED IN 44 ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION. 45 (G) THE REGULATIONS SHALL ALSO ESTABLISH AN ENHANCED CYBER SECURITY 46 SERVICES PROGRAM, WITHIN NEW YORK STATE, TO PROVIDE FOR PROCEDURES, 47 METHODS AND DIRECTIVES, FOR A VOLUNTARY INFORMATION SHARING PROGRAM, 48 THAT WILL PROVIDE CYBER THREAT AND TECHNICAL INFORMATION COLLECTED FROM 49 BOTH PUBLIC AND PRIVATE SECTOR ENTITIES, TO SUCH PRIVATE AND PUBLIC 50 SECTOR ENTITIES AS THE DIVISION DEEMS PRUDENT, TO ADVISE ELIGIBLE CRIT- 51 ICAL INFRASTRUCTURE COMPANIES OR COMMERCIAL SERVICE PROVIDERS THAT OFFER 52 SECURITY SERVICES TO CRITICAL INFRASTRUCTURE ON CYBER SECURITY THREATS 53 AND DEFENSE MEASURES. 54 (H) THE REGULATIONS SHALL ALSO SEEK TO DEVELOP STRATEGIES TO MAXIMIZE 55 THE UTILITY OF CYBER THREAT INFORMATION SHARING BETWEEN AND ACROSS THE 56 PRIVATE AND PUBLIC SECTORS, AND SHALL FURTHER SEEK TO PROMOTE THE USE OF S. 4205 71 1 PRIVATE AND PUBLIC SECTOR SUBJECT MATTER EXPERTS TO ADDRESS CYBER SECU- 2 RITY NEEDS IN NEW YORK STATE, WITH THESE SUBJECT MATTER EXPERTS PROVID- 3 ING ADVICE REGARDING THE CONTENT, STRUCTURE, AND TYPES OF INFORMATION 4 MOST USEFUL TO CRITICAL INFRASTRUCTURE OWNERS AND OPERATORS IN REDUCING 5 AND MITIGATING CYBER RISKS. 6 (I) THE REGULATIONS SHALL FURTHER SEEK TO ESTABLISH A CONSULTATIVE 7 PROCESS TO COORDINATE IMPROVEMENTS TO THE CYBER SECURITY OF CRITICAL 8 INFRASTRUCTURE, WHERE AS PART OF THE CONSULTATIVE PROCESS, THE PUBLIC 9 AND PRIVATE ENTITIES OF THE STATE OF NEW YORK SHALL ENGAGE AND CONSIDER 10 THE ADVICE OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, 11 THE DIVISION OF THE STATE POLICE, THE STATE OFFICE OF INFORMATION TECH- 12 NOLOGY SERVICES, THE CENTER FOR INTERNET SECURITY, THE NEW YORK STATE 13 CYBER SECURITY ADVISORY BOARD, THE PROGRAMS ESTABLISHED BY THIS SUBDIVI- 14 SION, AND SUCH OTHER AND FURTHER PRIVATE AND PUBLIC SECTOR ENTITIES, 15 UNIVERSITIES, AND CYBER SECURITY EXPERTS AS THE DIVISION OF HOMELAND 16 SECURITY AND EMERGENCY SERVICES MAY DEEM PRUDENT. 17 (J) THE REGULATIONS SHALL FURTHER SEEK TO ESTABLISH A BASELINE FRAME- 18 WORK TO REDUCE CYBER RISK TO CRITICAL INFRASTRUCTURE, AND SHALL SEEK TO 19 HAVE THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, IN 20 CONSULTATION WITH THE DIVISION OF STATE POLICE, THE STATE OFFICE OF 21 INFORMATION TECHNOLOGY SERVICES, AND THE CENTER FOR INTERNET SECURITY, 22 LEAD THE DEVELOPMENT OF A FRAMEWORK TO REDUCE CYBER RISKS TO CRITICAL 23 INFRASTRUCTURE, TO BE KNOWN AS THE CYBER SECURITY FRAMEWORK, WHICH 24 SHALL: 25 (I) INCLUDE A SET OF STANDARDS, METHODOLOGIES, PROCEDURES, AND PROC- 26 ESSES THAT ALIGN POLICY, BUSINESS, AND TECHNOLOGICAL APPROACHES TO 27 ADDRESS CYBER RISKS; 28 (II) INCORPORATE VOLUNTARY CONSENSUS STANDARDS AND INDUSTRY BEST PRAC- 29 TICES TO THE FULLEST EXTENT POSSIBLE; 30 (III) PROVIDE A PRIORITIZED, FLEXIBLE, REPEATABLE, PERFORMANCE-BASED, 31 AND COST-EFFECTIVE APPROACH, INCLUDING INFORMATION SECURITY MEASURES AND 32 CONTROLS, TO HELP OWNERS AND OPERATORS OF CRITICAL INFRASTRUCTURE IDEN- 33 TIFY, ASSESS, AND MANAGE CYBER RISK; 34 (IV) FOCUS ON IDENTIFYING CROSS-SECTOR SECURITY STANDARDS AND GUIDE- 35 LINES APPLICABLE TO CRITICAL INFRASTRUCTURE; 36 (V) IDENTIFY AREAS FOR IMPROVEMENT THAT SHOULD BE ADDRESSED THROUGH 37 FUTURE COLLABORATION WITH PARTICULAR SECTORS AND STANDARDS-DEVELOPING 38 ORGANIZATIONS; 39 (VI) ENABLE TECHNICAL INNOVATION AND ACCOUNT FOR ORGANIZATIONAL 40 DIFFERENCES, TO PROVIDE GUIDANCE THAT IS TECHNOLOGY NEUTRAL AND THAT 41 ENABLES CRITICAL INFRASTRUCTURE SECTORS TO BENEFIT FROM A COMPETITIVE 42 MARKET FOR PRODUCTS AND SERVICES THAT MEET THE STANDARDS, METHODOLOGIES, 43 PROCEDURES, AND PROCESSES DEVELOPED TO ADDRESS CYBER RISKS; 44 (VII) INCLUDE GUIDANCE FOR MEASURING THE PERFORMANCE OF AN ENTITY IN 45 IMPLEMENTING THE CYBER SECURITY FRAMEWORK; 46 (VIII) INCLUDE METHODOLOGIES TO IDENTIFY AND MITIGATE IMPACTS OF THE 47 CYBER SECURITY FRAMEWORK AND ASSOCIATED INFORMATION SECURITY MEASURES OR 48 CONTROLS ON BUSINESS CONFIDENTIALITY, AND TO PROTECT INDIVIDUAL PRIVACY 49 AND CIVIL LIBERTIES; AND 50 (IX) ENGAGE IN THE REVIEW OF THREAT AND VULNERABILITY INFORMATION AND 51 TECHNICAL EXPERTISE. 52 (K) THE REGULATIONS SHALL ADDITIONALLY ESTABLISH A VOLUNTARY CRITICAL 53 INFRASTRUCTURE CYBER SECURITY PROGRAM TO SUPPORT THE ADOPTION OF THE 54 CYBER SECURITY FRAMEWORK BY OWNERS AND OPERATORS OF CRITICAL INFRASTRUC- 55 TURE AND ANY OTHER INTERESTED ENTITIES, WHERE UNDER THIS PROGRAM IMPLE- 56 MENTATION GUIDANCE OR SUPPLEMENTAL MATERIALS WOULD BE DEVELOPED TO S. 4205 72 1 ADDRESS SECTOR-SPECIFIC RISKS AND OPERATING ENVIRONMENTS, AND RECOMMEND 2 LEGISLATION FOR ENACTMENT TO ADDRESS CYBER SECURITY ISSUES. 3 (L) IN DEVELOPING THE NEW YORK STATE CYBER SECURITY INFORMATION SHAR- 4 ING AND THREAT PREVENTION PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF 5 THIS SUBDIVISION, THE DIVISION OF HOMELAND SECURITY AND EMERGENCY 6 SERVICES, IN CONSULTATION WITH THE DIVISION OF STATE POLICE, THE STATE 7 OFFICE OF INFORMATION TECHNOLOGY SERVICES, AND THE CENTER FOR INTERNET 8 SECURITY, SHALL PRODUCE AND SUBMIT A REPORT, TO THE GOVERNOR, THE TEMPO- 9 RARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY, MAKING 10 RECOMMENDATIONS ON THE FEASIBILITY, SECURITY BENEFITS, AND RELATIVE 11 MERITS OF INCORPORATING SECURITY STANDARDS INTO ACQUISITION PLANNING AND 12 CONTRACT ADMINISTRATION, AND SUCH REPORT SHALL FURTHER ADDRESS WHAT 13 STEPS CAN BE TAKEN TO HARMONIZE AND MAKE CONSISTENT EXISTING PROCUREMENT 14 REQUIREMENTS RELATED TO CYBER SECURITY. 15 5. NEW YORK STATE CYBER SECURITY CRITICAL INFRASTRUCTURE RISK ASSESS- 16 MENT REPORT. (A) THE DIVISION OF HOMELAND SECURITY AND EMERGENCY 17 SERVICES, IN CONSULTATION WITH THE DIVISION OF STATE POLICE, THE STATE 18 OFFICE OF INFORMATION TECHNOLOGY SERVICES, AND THE CENTER FOR INTERNET 19 SECURITY, WITHIN ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE OF THIS 20 SECTION, SHALL PRODUCE A NEW YORK STATE CYBER SECURITY CRITICAL INFRAS- 21 TRUCTURE RISK ASSESSMENT REPORT. 22 (B) THE PRODUCTION OF THE NEW YORK STATE CYBER SECURITY CRITICAL 23 INFRASTRUCTURE RISK ASSESSMENT REPORT SHALL USE A RISK-BASED APPROACH TO 24 IDENTIFY CRITICAL INFRASTRUCTURE WHERE A CYBER SECURITY INCIDENT COULD 25 REASONABLY RESULT IN CATASTROPHIC REGIONAL OR STATE-WIDE EFFECTS ON 26 PUBLIC HEALTH OR SAFETY, ECONOMIC DISTRESS, AND/OR THREATEN PUBLIC 27 PROTECTION OF THE PEOPLE AND/OR PROPERTY OF NEW YORK STATE. 28 (C) THE PRODUCTION OF THE REPORT SHALL FURTHER USE THE CONSULTATIVE 29 PROCESS AND DRAW UPON THE EXPERTISE OF AND ADVICE OF THE DIVISION OF 30 HOMELAND SECURITY AND EMERGENCY SERVICES, THE DIVISION OF STATE POLICE, 31 THE STATE OFFICE OF INFORMATION TECHNOLOGY SERVICES, THE CENTER FOR 32 INTERNET SECURITY, THE NEW YORK STATE CYBER SECURITY ADVISORY BOARD, THE 33 PROGRAMS ESTABLISHED BY THIS SECTION, AND SUCH OTHER AND FURTHER PRIVATE 34 AND PUBLIC SECTOR ENTITIES, UNIVERSITIES, AND CYBER SECURITY EXPERTS AS 35 THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES MAY DEEM 36 PRUDENT. 37 (D) THE NEW YORK STATE CYBER SECURITY CRITICAL INFRASTRUCTURE RISK 38 ASSESSMENT REPORT SHALL BE DELIVERED TO THE GOVERNOR, THE TEMPORARY 39 PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE 40 SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY AND MILITARY 41 AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON GOVERN- 42 MENTAL OPERATIONS. 43 (E) WHERE COMPLIANCE WITH THIS SECTION SHALL REQUIRE THE DISCLOSURE OF 44 CONFIDENTIAL INFORMATION, OR THE DISCLOSURE OF SENSITIVE INFORMATION 45 WHICH IN THE JUDGMENT OF THE COMMISSIONER OF THE DIVISION OF HOMELAND 46 SECURITY AND EMERGENCY SERVICES WOULD JEOPARDIZE THE CYBER SECURITY OF 47 THE STATE: 48 (I) SUCH CONFIDENTIAL OR SENSITIVE INFORMATION SHALL BE PROVIDED TO 49 THE PERSONS ENTITLED TO RECEIVE THE REPORT, IN THE FORM OF A SUPPLE- 50 MENTAL APPENDIX TO THE REPORT; AND 51 (II) SUCH SUPPLEMENTAL APPENDIX TO THE REPORT SHALL NOT BE SUBJECT TO 52 THE PROVISIONS OF THE FREEDOM OF INFORMATION LAW PURSUANT TO ARTICLE SIX 53 OF THE PUBLIC OFFICERS LAW; AND 54 (III) THE PERSONS ENTITLED TO RECEIVE THE REPORT MAY DISCLOSE THE 55 SUPPLEMENTAL APPENDIX TO THE REPORT TO THEIR PROFESSIONAL STAFF, BUT S. 4205 73 1 SHALL NOT OTHERWISE PUBLICALLY DISCLOSE SUCH CONFIDENTIAL OR SECURE 2 INFORMATION. 3 S 2. This act shall take effect immediately. 4 PART W 5 Section 1. The executive law is amended by adding a new section 29-k 6 to read as follows: 7 S 29-K. MONTHLY CLAIM REPORTS. 1. THE OFFICE OF THE GOVERNOR, IN COOP- 8 ERATION WITH THE COMMISSIONER OF HOMELAND SECURITY AND EMERGENCY 9 SERVICES, AND THE EXECUTIVE DIRECTOR OF THE GOVERNOR'S OFFICE OF STORM 10 RECOVERY, SHALL PRODUCE A MONTHLY REPORT, WHICH SHALL DETAIL THE CLAIMS, 11 AND STATUS OF ALL SUCH CLAIMS, FOR DISASTER ASSISTANCE, AND WHICH ARE 12 PRESENTLY PENDING BEFORE, OR BEING ASSISTED BY, THE GOVERNOR'S OFFICE OF 13 STORM RECOVERY AND/OR THE NEW YORK RISING COMMUNITY RECONSTRUCTION PLANS 14 PROGRAM. THE REPORT SHALL FURTHER DETAIL ALL THE ACTIVITIES DURING THE 15 PREVIOUS MONTH OF THE GOVERNOR'S OFFICE OF STORM RECOVERY AND THE NEW 16 YORK RISING COMMUNITY RECONSTRUCTION PLANS PROGRAM. THE FIRST REPORT 17 REQUIRED UNDER THIS SUBDIVISION SHALL BE DELIVERED BY MAY FIRST, TWO 18 THOUSAND FIFTEEN, WITH NEW, UPDATED REPORTS BEING DELIVERED ON EACH 19 FIRST DAY OF EVERY MONTH THEREAFTER. THE REPORT SHALL BE PROVIDED TO THE 20 TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE 21 CHAIR OF THE SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY 22 AND MILITARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE 23 ON GOVERNMENT OPERATIONS. 24 2. DURING THE PREPARATION OF EACH REPORT REQUIRED BY SUBDIVISION ONE 25 OF THIS SECTION, AND AFTER ITS DELIVERY TO THE PERSONS IDENTIFIED TO 26 RECEIVE SUCH REPORT, THE GOVERNOR, THE COMMISSIONER OF HOMELAND SECURITY 27 AND EMERGENCY SERVICES, AND THE EXECUTIVE DIRECTOR OF THE GOVERNOR'S 28 OFFICE OF STORM RECOVERY, AS WELL AS THE OFFICES AND DIVISIONS UNDER 29 THEIR DIRECTION, SHALL PROVIDE TO SUCH PERSONS ENTITLED TO RECEIVE THE 30 REPORTS REQUIRED BY SUBDIVISION ONE OF THIS SECTION, ANY AND ALL ADDI- 31 TIONAL INFORMATION SUCH PERSONS MAY REQUEST, WITH RESPECT TO ANY ISSUE 32 CONCERNING THE CLAIMS, THE STATUS OF ALL CLAIMS PRESENTLY PENDING 33 BEFORE, OR BEING ASSISTED BY, THE GOVERNOR'S OFFICE OF STORM RECOVERY 34 AND THE NEW YORK RISING COMMUNITY RECONSTRUCTION PLANS PROGRAM, OR 35 CONCERNING THE ACTIVITIES OF THE GOVERNOR'S OFFICE OF STORM RECOVERY 36 AND/OR THE NEW YORK RISING COMMUNITY RECONSTRUCTION PLANS PROGRAM. 37 S 2. This act shall take effect immediately and shall expire and be 38 deemed repealed May 2, 2019. 39 PART X 40 Section 1. Section 146 of the correction law is amended by adding a 41 new subdivision 3 to read as follows: 42 3. THE COMMISSIONER SHALL PERMANENTLY TERMINATE THE CONJUGAL VISIT 43 PROGRAM REFERRED TO AS THE FAMILY REUNION PROGRAM SET FORTH IN PART TWO 44 HUNDRED TWENTY OF TITLE SEVEN OF THE NEW YORK CODE, RULES AND REGU- 45 LATIONS. SUCH COMMISSIONER SHALL FURTHER PROHIBIT THE ESTABLISHMENT OF 46 ANY PROGRAM DESIGNED TO PROVIDE SELECTED INMATES AND THEIR FAMILIES THE 47 OPPORTUNITY TO MEET PRIVATELY FOR AN EXTENDED PERIOD OF TIME. 48 S 2. This act shall take effect immediately. 49 PART Y S. 4205 74 1 Section 1. Subparagraph (viii) of paragraph a of subdivision 10 of 2 section 54 of the state finance law is amended by adding a new clause 3 3 to read as follows: 4 (3) FOR THE STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND 5 SIXTEEN AND IN EACH STATE FISCAL YEAR THEREAFTER, THE AMOUNT OF MISCEL- 6 LANEOUS FINANCIAL ASSISTANCE FROM THE LOCAL ASSISTANCE ACCOUNT RECEIVED 7 BY A VILLAGE IN THE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND 8 FIFTEEN. 9 S 2. This act shall take effect immediately. 10 PART Z 11 Section 1. Subdivision 3 of section 99-h of the state finance law, as 12 amended by section 1 of part W of chapter 60 of the laws of 2011, is 13 amended to read as follows: 14 3. Moneys of the account, following the segregation of appropriations 15 enacted by the legislature, shall be available for purposes including 16 but not limited to: (a) reimbursements or payments to municipal govern- 17 ments that host tribal casinos pursuant to a tribal-state compact for 18 costs incurred in connection with services provided to such casinos or 19 arising as a result thereof, for economic development opportunities and 20 job expansion programs authorized by the executive law; provided, howev- 21 er, that for any gaming facility located in the city of Buffalo, the 22 city of Buffalo shall receive a minimum of twenty-five percent of the 23 negotiated percentage of the net drop from electronic gaming devices the 24 state receives pursuant to the compact, and provided further that for 25 any gaming facility located in the city of Niagara Falls, county of 26 Niagara a minimum of twenty-five percent of the negotiated percentage of 27 the net drop from electronic gaming devices the state receives pursuant 28 to the compact shall be distributed in accordance with subdivision four 29 of this section, and provided further that for any gaming facility 30 located in the county or counties of Cattaraugus, Chautauqua or Allega- 31 ny, the municipal governments of the state hosting the facility shall 32 collectively receive a minimum of twenty-five percent of the negotiated 33 percentage of the net drop from electronic gaming devices the state 34 receives pursuant to the compact, PROVIDED HOWEVER THAT FOR ANY SUCH 35 MONEYS PROVIDED TO MUNICIPAL GOVERNMENTS LOCATED WITHIN THE COUNTY OF 36 CATTARAUGUS, SEVENTEEN PERCENT OF SUCH MONIES SHALL BE MADE AVAILABLE TO 37 THE SALAMANCA CITY CENTRAL SCHOOL DISTRICT; and provided further that 38 pursuant to chapter five hundred ninety of the laws of two thousand 39 four, a minimum of twenty-five percent of the revenues received by the 40 state pursuant to the state's compact with the St. Regis Mohawk tribe 41 shall be made available to the counties of Franklin and St. Lawrence, 42 and affected towns in such counties. Each such county and its affected 43 towns shall receive fifty percent of the moneys made available by the 44 state; and (b) support and services of treatment programs for persons 45 suffering from gambling addictions. Moneys not segregated for such 46 purposes shall be transferred to the general fund for the support of 47 government during the fiscal year in which they are received. 48 S 2. Subdivision 3 of section 99-h of the state finance law, as 49 amended by section 7 of chapter 174 of the laws of 2013, is amended to 50 read as follows: 51 3. Moneys of the account, following the segregation of appropriations 52 enacted by the legislature, shall be available for purposes including 53 but not limited to: (a) reimbursements or payments to municipal govern- 54 ments that host tribal casinos pursuant to a tribal-state compact for S. 4205 75 1 costs incurred in connection with services provided to such casinos or 2 arising as a result thereof, for economic development opportunities and 3 job expansion programs authorized by the executive law; provided, howev- 4 er, that for any gaming facility located in the city of Buffalo, the 5 city of Buffalo shall receive a minimum of twenty-five percent of the 6 negotiated percentage of the net drop from electronic gaming devices the 7 state receives pursuant to the compact, and provided further that for 8 any gaming facility located in the city of Niagara Falls, county of 9 Niagara a minimum of twenty-five percent of the negotiated percentage of 10 the net drop from electronic gaming devices the state receives pursuant 11 to the compact shall be distributed in accordance with subdivision four 12 of this section, and provided further that for any gaming facility 13 located in the county or counties of Cattaraugus, Chautauqua or Allega- 14 ny, the municipal governments of the state hosting the facility shall 15 collectively receive a minimum of twenty-five percent of the negotiated 16 percentage of the net drop from electronic gaming devices the state 17 receives pursuant to the compact, PROVIDED HOWEVER THAT FOR ANY SUCH 18 MONEYS PROVIDED TO MUNICIPAL GOVERNMENTS LOCATED WITHIN THE COUNTY OF 19 CATTARAUGUS, SEVENTEEN PERCENT OF SUCH MONIES SHALL BE MADE AVAILABLE TO 20 THE SALAMANCA CITY CENTRAL SCHOOL DISTRICT; and provided further that 21 pursuant to chapter five hundred ninety of the laws of two thousand 22 four, a minimum of twenty-five percent of the revenues received by the 23 state pursuant to the state's compact with the St. Regis Mohawk tribe 24 shall be made available to the counties of Franklin and St. Lawrence, 25 and affected towns in such counties. Each such county and its affected 26 towns shall receive fifty percent of the moneys made available by the 27 state; and provided further that the state shall annually make twenty- 28 five percent of the negotiated percentage of the net drop from all 29 gaming devices the state actually receives pursuant to the Oneida 30 Settlement Agreement confirmed by section eleven of the executive law as 31 available to the county of Oneida, and a sum of three and one-half 32 million dollars to the county of Madison. Additionally, the state shall 33 distribute for a period of nineteen and one-quarter years, an additional 34 annual sum of two and one-half million dollars to the county of Oneida. 35 Additionally, the state shall distribute the one-time eleven million 36 dollar payment received by the state pursuant to such agreement with the 37 Oneida Nation of New York to the county of Madison by wire transfer upon 38 receipt of such payment by the state; and (b) support and services of 39 treatment programs for persons suffering from gambling addictions. 40 Moneys not segregated for such purposes shall be transferred to the 41 general fund for the support of government during the fiscal year in 42 which they are received. 43 S 3. Subdivision 3 of section 99-h of the state finance law, as 44 amended by section 7-a of chapter 174 of the laws of 2013, is amended to 45 read as follows: 46 3. Moneys of the account, following appropriation by the legislature, 47 shall be available for purposes including but not limited to: (a) 48 reimbursements or payments to municipal governments that host tribal 49 casinos pursuant to a tribal-state compact for costs incurred in 50 connection with services provided to such casinos or arising as a result 51 thereof, for economic development opportunities and job expansion 52 programs authorized by the executive law; provided, however, that for 53 any gaming facility located in the city of Buffalo, the city of Buffalo 54 shall receive a minimum of twenty-five percent of the negotiated 55 percentage of the net drop from electronic gaming devices the state 56 receives pursuant to the compact, and provided further that for any S. 4205 76 1 gaming facility located in the city of Niagara Falls, county of Niagara 2 a minimum of twenty-five percent of the negotiated percentage of the net 3 drop from electronic gaming devices the state receives pursuant to the 4 compact shall be distributed in accordance with subdivision four of this 5 section, and provided further that for any gaming facility located in 6 the county or counties of Cattaraugus, Chautauqua or Allegany, the 7 municipal governments of the state hosting the facility shall collec- 8 tively receive a minimum of twenty-five percent of the negotiated 9 percentage of the net drop from electronic gaming devices the state 10 receives pursuant to the compact, PROVIDED HOWEVER THAT FOR ANY SUCH 11 MONEYS PROVIDED TO MUNICIPAL GOVERNMENTS LOCATED WITHIN THE COUNTY OF 12 CATTARAUGUS, SEVENTEEN PERCENT OF SUCH MONIES SHALL BE MADE AVAILABLE TO 13 THE SALAMANCA CITY CENTRAL SCHOOL DISTRICT; and provided further that 14 pursuant to chapter five hundred ninety of the laws of two thousand 15 four, a minimum of twenty-five percent of the revenues received by the 16 state pursuant to the state's compact with the St. Regis Mohawk tribe 17 shall be made available to the counties of Franklin and St. Lawrence, 18 and affected towns in such counties. Each such county and its affected 19 towns shall receive fifty percent of the moneys made available by the 20 state; and provided further that the state shall annually make twenty- 21 five percent of the negotiated percentage of the net drop from all 22 gaming devices the state actually receives pursuant to the Oneida 23 Settlement Agreement as confirmed by section eleven of the executive law 24 as available to the county of Oneida, and a sum of three and one-half 25 million dollars to the county of Madison. Additionally, the state shall 26 distribute for a period of nineteen and one-quarter years, an additional 27 annual sum of two and one-half million dollars to the county of Oneida. 28 Additionally, the state shall distribute the one-time eleven million 29 dollar payment received by the state pursuant to such agreement with the 30 Oneida Nation of New York to the county of Madison by wire transfer upon 31 receipt of such payment by the state; and (b) support and services of 32 treatment programs for persons suffering from gambling addictions. 33 Moneys not appropriated for such purposes shall be transferred to the 34 general fund for the support of government during the fiscal year in 35 which they are received. 36 S 4. Subdivision 3 of section 99-h of the state finance law, as 37 amended by section 8 of chapter 174 of the laws of 2013, is amended to 38 read as follows: 39 3. Moneys of the account, following the segregation of appropriations 40 enacted by the legislature, shall be available for purposes including 41 but not limited to: (a) reimbursements or payments to municipal govern- 42 ments that host tribal casinos pursuant to a tribal-state compact for 43 costs incurred in connection with services provided to such casinos or 44 arising as a result thereof, for economic development opportunities and 45 job expansion programs authorized by the executive law; provided, howev- 46 er, that for any gaming facility located in the county of Erie or 47 Niagara, the municipal governments hosting the facility shall collec- 48 tively receive a minimum of twenty-five percent of the negotiated 49 percentage of the net drop from electronic gaming devices the state 50 receives pursuant to the compact and provided further that for any 51 gaming facility located in the county or counties of Cattaraugus, Chau- 52 tauqua or Allegany, the municipal governments of the state hosting the 53 facility shall collectively receive a minimum of twenty-five percent of 54 the negotiated percentage of the net drop from electronic gaming devices 55 the state receives pursuant to the compact, PROVIDED HOWEVER THAT FOR 56 ANY SUCH MONEYS PROVIDED TO MUNICIPAL GOVERNMENTS LOCATED WITHIN THE S. 4205 77 1 COUNTY OF CATTARAUGUS, SEVENTEEN PERCENT OF SUCH MONIES SHALL BE MADE 2 AVAILABLE TO THE SALAMANCA CITY CENTRAL SCHOOL DISTRICT; and provided 3 further that pursuant to chapter five hundred ninety of the laws of two 4 thousand four, a minimum of twenty-five percent of the revenues received 5 by the state pursuant to the state's compact with the St. Regis Mohawk 6 tribe shall be made available to the counties of Franklin and St. 7 Lawrence, and affected towns in such counties. Each such county and its 8 affected towns shall receive fifty percent of the moneys made available 9 by the state; and provided further that the state shall annually make 10 twenty-five percent of the negotiated percentage of the net drop from 11 all gaming devices the state actually receives pursuant to the Oneida 12 Settlement Agreement confirmed by section eleven of the executive law 13 available to the county of Oneida, and a sum of three and one-half 14 million dollars to the county of Madison. Additionally, the state shall 15 distribute, for a period of nineteen and one-quarter years, an addi- 16 tional annual sum of two and one-half million dollars to the county of 17 Oneida. Additionally, the state shall distribute the one-time eleven 18 million dollar payment actually received by the state pursuant to the 19 Oneida Settlement Agreement to the county of Madison by wire transfer 20 upon receipt of such payment by the state; and (b) support and services 21 of treatment programs for persons suffering from gambling addictions. 22 Moneys not segregated for such purposes shall be transferred to the 23 general fund for the support of government during the fiscal year in 24 which they are received. 25 S 5. This act shall take effect immediately; provided, however: 26 (a) that the amendments to subdivision 3 of section 99-h of the state 27 finance law made by section two of this act shall take effect on the 28 same date and in the same manner as section 7 of chapter 174 of the laws 29 of 2013 takes effect, and such amendments shall not affect the expira- 30 tion of such subdivision and shall expire therewith when upon such date 31 section three of this act shall take effect; and 32 (b) that the amendments to subdivision 3 of section 99-h of the state 33 finance law made by section three of this act shall not affect the expi- 34 ration of such subdivision and shall expire therewith when upon such 35 date section four of this act shall take effect. 36 PART AA 37 Section 1. Subdivision 11 of section 302 of the retirement and social 38 security law is amended by adding a new paragraph i to read as follows: 39 I. SERVICE AS A UNIVERSITY POLICE OFFICER APPOINTED BY THE STATE 40 UNIVERSITY OF NEW YORK PURSUANT TO PARAGRAPH L OF SUBDIVISION TWO OF 41 SECTION THREE HUNDRED FIFTY-FIVE OF THE EDUCATION LAW. 42 S 2. Subdivision d of section 375-f of the retirement and social secu- 43 rity law, as separately amended by chapters 674 and 677 of the laws of 44 1986, is amended to read as follows: 45 d. In addition to the retirement allowance provided pursuant to the 46 plans set forth in sections three hundred eighty-three, three hundred 47 eighty-three-a [and], three hundred eighty-three-b AND THREE HUNDRED 48 EIGHTY-THREE-D of this [chapter] ARTICLE, a member of [either] ANY such 49 plan who retires on or after April first, nineteen hundred sixty-nine 50 with more than twenty-five years of total service shall be entitled to 51 receive, in addition to the benefits provided pursuant to [either] ANY 52 such section and notwithstanding the limitations of [either] ANY such 53 section, an additional retirement allowance for such years of service 54 rendered in excess of twenty-five. The additional retirement allowance S. 4205 78 1 for such additional years of service shall be computed as if such member 2 had been eligible to have his retirement allowance computed pursuant to 3 the provisions of subdivision b of section three hundred seventy-five-c 4 and of paragraph one of subdivision a of section three hundred seventy- 5 five-d of this [chapter] TITLE. 6 S 3. The retirement and social security law is amended by adding a new 7 section 383-d to read as follows: 8 S 383-D. ALTERNATIVE RETIREMENT BENEFITS FOR UNIVERSITY POLICE OFFI- 9 CERS APPOINTED BY THE STATE UNIVERSITY. A. AS USED IN THIS SECTION, THE 10 TERM "UNIVERSITY POLICE OFFICER" SHALL MEAN A PERSON WHO IS SO APPOINTED 11 PURSUANT TO PARAGRAPH L OF SUBDIVISION TWO OF SECTION THREE HUNDRED 12 FIFTY-FIVE OF THE EDUCATION LAW. 13 B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW PROVIDING FOR TRANSFERS 14 BETWEEN RETIREMENT SYSTEMS, ANY UNIVERSITY POLICE OFFICER IN THE SERVICE 15 OF THE STATE UNIVERSITY WHO IS A MEMBER OF THE NEW YORK STATE EMPLOYEES' 16 RETIREMENT SYSTEM MAY TRANSFER TO THE NEW YORK STATE AND LOCAL POLICE 17 AND FIRE RETIREMENT SYSTEM AND SHALL RECEIVE CREDIT PURSUANT TO AND BE 18 ENTITLED TO THE RETIREMENT BENEFITS AFFORDED IN ACCORDANCE WITH THIS 19 SECTION. UPON ANY SUCH TRANSFER THE MEMBER SHALL BE ENTITLED TO THE 20 AMOUNT OF SERVICE WHICH WOULD HAVE BEEN DEEMED CREDITABLE HAD SUCH 21 MEMBER BEEN SUBJECT TO SUCH SYSTEM DURING THE COURSE OF HIS OR HER 22 MEMBERSHIP WITHIN SUCH SYSTEM. CONTRIBUTIONS TO SUCH SYSTEM SHALL BE 23 MADE IN ACCORDANCE WITH APPROPRIATE PROVISIONS OF LAW RELATING THERETO. 24 APPLICATION FOR SUCH TRANSFER MUST BE MADE TO THE STATE COMPTROLLER ON 25 OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN. THE PROVISIONS OF 26 SECTION THREE HUNDRED FORTY-THREE OF THIS ARTICLE SHALL APPLY TO ANY 27 MEMBER MAKING APPLICATION FOR TRANSFER UNDER THIS SUBDIVISION. 28 C. ANY UNIVERSITY POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSI- 29 TY WHO ELECTS OR IS REQUIRED TO CONTRIBUTE UNDER THIS SECTION SHALL 30 CONTRIBUTE TO THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT 31 SYSTEM ON THE BASIS OF RETIREMENT UPON HIS OR HER: 32 1. COMPLETION OF TWENTY-FIVE YEARS OF TOTAL CREDITABLE SERVICE; OR 33 2. ATTAINMENT OF AGE SIXTY AS A UNIVERSITY POLICE OFFICER IN THE 34 SERVICE OF THE STATE UNIVERSITY, IF PRIOR THERETO, ON AN ALLOWANCE OF 35 ONE-FIFTIETH OF HIS OR HER FINAL AVERAGE SALARY FOR EACH YEAR OF TOTAL 36 CREDITABLE SERVICE NOT IN EXCESS OF TWENTY-FIVE YEARS. SUCH ELECTION 37 SHALL BE IN WRITING AND SHALL BE DULY EXECUTED AND FILED WITH THE COMP- 38 TROLLER. 39 D. EVERY EMPLOYEE ENTERING OR RE-ENTERING SERVICE AS A UNIVERSITY 40 POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY ON OR AFTER THE 41 EFFECTIVE DATE OF THIS SECTION SHALL CONTRIBUTE ON THE BASIS PROVIDED 42 FOR BY THIS SECTION. 43 E. A MEMBER WHO IS REQUIRED TO CONTRIBUTE IN ACCORDANCE WITH THIS 44 SECTION SHALL CONTRIBUTE, IN LIEU OF THE PROPORTION OF COMPENSATION AS 45 PROVIDED IN SECTION THREE HUNDRED TWENTY-ONE OF THIS ARTICLE, A PROPOR- 46 TION OF HIS OR HER COMPENSATION SIMILARLY DETERMINED. SUCH LATTER 47 PROPORTION SHALL BE COMPUTED TO PROVIDE AT THE TIME WHEN HE OR SHE SHALL 48 FIRST BECOME ELIGIBLE FOR RETIREMENT UNDER THIS SECTION, AN ANNUITY 49 EQUAL TO ONE-ONE HUNDREDTH OF HIS OR HER FINAL AVERAGE SALARY FOR EACH 50 YEAR OF SERVICE AS A MEMBER PRIOR TO THE ATTAINMENT OF THE AGE WHEN HE 51 OR SHE SHALL FIRST BECOME ELIGIBLE FOR RETIREMENT. SUCH MEMBER'S RATE OF 52 CONTRIBUTION PURSUANT TO THIS SECTION SHALL BE APPROPRIATELY REDUCED 53 PURSUANT TO SECTION THREE HUNDRED SEVENTY-A OF THIS ARTICLE FOR SUCH 54 PERIOD OF TIME AS HIS OR HER EMPLOYER CONTRIBUTES PURSUANT TO SUCH 55 SECTION TOWARD PENSIONS-PROVIDING-FOR-INCREASED-TAKE-HOME-PAY. NO SUCH S. 4205 79 1 MEMBER SHALL BE REQUIRED TO CONTINUE CONTRIBUTIONS AFTER COMPLETING 2 TWENTY-FIVE YEARS OF SUCH SERVICE. 3 F. A MEMBER CONTRIBUTING ON THE BASIS OF THIS SECTION, AT THE TIME OF 4 RETIREMENT, SHALL BE ENTITLED TO RETIRE AFTER THE COMPLETION OF TWENTY- 5 FIVE YEARS OF TOTAL CREDITABLE SERVICE OR UPON THE ATTAINMENT OF AGE 6 SIXTY BY FILING AN APPLICATION THEREFOR IN A MANNER SIMILAR TO THAT 7 PROVIDED IN SECTION THREE HUNDRED SEVENTY OF THIS ARTICLE. HE OR SHE 8 SHALL RECEIVE, ON RETIREMENT, A RETIREMENT ALLOWANCE CONSISTING OF: 9 1. AN ANNUITY WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF HIS OR HER 10 ACCUMULATED CONTRIBUTIONS AT THE TIME OF HIS OR HER RETIREMENT, PLUS 11 2. A PENSION WHICH, TOGETHER WITH SUCH ANNUITY AND A PENSION WHICH IS 12 THE ACTUARIAL EQUIVALENT OF THE RESERVE-FOR-INCREASED-TAKE-HOME-PAY TO 13 WHICH HE OR SHE MAY THEN BE ENTITLED, IF ANY, SHALL EQUAL ONE-FIFTIETH 14 OF HIS OR HER FINAL AVERAGE SALARY FOR EACH YEAR OF CREDITABLE SERVICE 15 IN SUCH SERVICE. THIS PENSION SHALL NOT EXCEED THE AMOUNT NEEDED TO MAKE 16 THE TOTAL AMOUNT OF THE BENEFITS PROVIDED UNDER THIS PARAGRAPH AND PARA- 17 GRAPH ONE OF THIS SUBDIVISION EQUAL TO ONE-HALF OF FINAL AVERAGE SALARY. 18 3. AN ADDITIONAL PENSION EQUAL TO THE PENSION FOR ANY CREDITABLE 19 SERVICE RENDERED WHILE NOT EMPLOYED AS A UNIVERSITY POLICE OFFICER IN 20 THE SERVICE OF THE STATE UNIVERSITY AS PROVIDED UNDER PARAGRAPHS TWO AND 21 THREE OF SUBDIVISION A OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS 22 ARTICLE. THIS PENSION SHALL: 23 (I) BE PAYABLE ONLY IF SUCH MEMBER HAS ATTAINED AGE SIXTY AT THE TIME 24 OF RETIREMENT AND HAS NOT COMPLETED TWENTY-FIVE YEARS OF SERVICE AS A 25 UNIVERSITY POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY FOR 26 WHICH HE OR SHE RECEIVES CREDIT UNDER THIS ARTICLE, AND 27 (II) NOT INCREASE THE TOTAL ALLOWANCE TO MORE THAN HE OR SHE WOULD 28 HAVE RECEIVED HAD HIS OR HER TOTAL SERVICE BEEN RENDERED AS A UNIVERSITY 29 POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY. FOR THE PURPOSE 30 ONLY OF DETERMINING THE AMOUNT OF THE PENSION PROVIDED HEREIN, THE ANNU- 31 ITY SHALL BE COMPUTED AS IT WOULD BE: 32 (A) IF NOT REDUCED BY THE ACTUARIAL EQUIVALENT OF ANY OUTSTANDING 33 LOAN, AND 34 (B) IF NOT INCREASED BY THE ACTUARIAL EQUIVALENT OF ANY ADDITIONAL 35 CONTRIBUTIONS, AND 36 (C) IF NOT REDUCED BY REASON OF THE MEMBER'S ELECTION TO DECREASE HIS 37 OR HER ANNUITY CONTRIBUTIONS TO THE RETIREMENT SYSTEM IN ORDER TO APPLY 38 THE AMOUNT OF SUCH REDUCTION IN PAYMENT OF HIS OR HER CONTRIBUTIONS FOR 39 OLD-AGE AND SURVIVORS INSURANCE COVERAGE. 40 G. THE INCREASED PENSIONS TO A UNIVERSITY POLICE OFFICER IN THE 41 SERVICE OF THE STATE UNIVERSITY, AS PROVIDED BY THIS SECTION, SHALL BE 42 PAID FROM ADDITIONAL CONTRIBUTIONS MADE BY THE STATE ON ACCOUNT OF SUCH 43 MEMBERS. THE ACTUARY OF THE RETIREMENT SYSTEM SHALL COMPUTE THE ADDI- 44 TIONAL CONTRIBUTION OF EACH MEMBER WHO ELECTS TO RECEIVE THE SPECIAL 45 BENEFITS PROVIDED UNDER THIS SECTION. SUCH ADDITIONAL CONTRIBUTIONS 46 SHALL BE COMPUTED ON THE BASIS OF CONTRIBUTIONS DURING THE PROSPECTIVE 47 SERVICE OF SUCH MEMBER WHICH WILL COVER THE LIABILITY OF THE RETIREMENT 48 SYSTEM FOR SUCH EXTRA PENSIONS. UPON APPROVAL BY THE COMPTROLLER, SUCH 49 ADDITIONAL CONTRIBUTIONS SHALL BE CERTIFIED BY HIM OR HER TO THE CHAN- 50 CELLOR OF THE STATE UNIVERSITY. THE AMOUNT THEREOF SHALL BE INCLUDED IN 51 THE ANNUAL APPROPRIATION OF THE STATE FOR THE STATE UNIVERSITY. SUCH 52 AMOUNT SHALL BE PAID ON THE WARRANT OF THE COMPTROLLER TO THE PENSION 53 ACCUMULATION FUND OF THE RETIREMENT SYSTEM. 54 H. IN COMPUTING THE TWENTY-FIVE YEARS OF COMPLETED SERVICE OF A 55 UNIVERSITY POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY, FULL 56 CREDIT SHALL BE GIVEN AND FULL ALLOWANCE SHALL BE MADE FOR SERVICE OF S. 4205 80 1 SUCH MEMBER IN WAR AFTER WORLD WAR I AS DEFINED IN SECTION TWO OF THIS 2 CHAPTER, PROVIDED SUCH MEMBER AT THE TIME OF HIS OF HER ENTRANCE INTO 3 THE ARMED FORCES WAS IN STATE SERVICE, AND FULL CREDIT AND FULL ALLOW- 4 ANCE SHALL BE MADE FOR SERVICE AS A UNIVERSITY PEACE OFFICER PRIOR TO 5 THE EFFECTIVE DATE OF CHAPTER FOUR HUNDRED TWENTY-FOUR OF THE LAWS OF 6 NINETEEN HUNDRED NINETY-EIGHT. 7 I. THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING NOTWITHSTANDING 8 ANY PROVISION IN THIS ARTICLE TO THE CONTRARY. 9 J. NOTWITHSTANDING ANY PROVISION OF SUBDIVISION D, E OR I OF THIS 10 SECTION TO THE CONTRARY, A MEMBER WHO IS IN THE COLLECTIVE NEGOTIATING 11 UNIT DESIGNATED AS THE AGENCY POLICE SERVICES UNIT AND ESTABLISHED 12 PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW AND WHO HAS 13 ELECTED OR IS REQUIRED TO CONTRIBUTE IN ACCORDANCE WITH THIS SECTION 14 MAY, ON OR BEFORE MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN, ELECT TO 15 COME UNDER THE PROVISIONS OF SECTION THREE HUNDRED SEVENTY-FIVE-H OF 16 THIS ARTICLE. SUCH ELECTION SHALL BE DULY EXECUTED AND FILED WITH THE 17 COMPTROLLER. 18 K. COMMENCING WITH THE EFFECTIVE DATE OF THIS SECTION AND IN A MANNER 19 DETERMINED BY THE HEAD OF THE RETIREMENT SYSTEM, THE STATE, AS EMPLOYER, 20 SHALL MAKE CONTRIBUTIONS TO THE RETIREMENT SYSTEM TO FUND THE PAST 21 SERVICE LIABILITY COSTS ASSOCIATED WITH THE IMPLEMENTATION OF THIS 22 SECTION AS THOSE COSTS ARE CALCULATED BY THE RETIREMENT SYSTEM ACTUARY. 23 SUCH CONTRIBUTIONS MAY, AT THE ELECTION OF THE EMPLOYER, BE AMORTIZED 24 OVER A TEN YEAR PERIOD. 25 S 4. No employee contributions made to the New York state and local 26 employees' retirement system by any state university police officer who 27 elects to transfer pursuant to this act shall be returned to such offi- 28 cer. Such employee contributions shall be used to offset any past 29 service costs incurred by operation of the provisions of this act. 30 S 5. Notwithstanding subdivision h of section 343 of the retirement 31 and social security law, the provisions of subdivisions c and d of 32 section 343 of the retirement and social security law shall apply and 33 the employer contributions reserve shall be transferred from the appro- 34 priate fund or funds of the New York state and local employees' retire- 35 ment system to the New York state and local police and fire retirement 36 system. 37 S 6. Subdivision 3 of section 58 of the civil service law, as amended 38 by chapter 244 of the laws of 2013, is amended to read as follows: 39 3. As used in this section, the term "police officer" means a police 40 officer in the department of environmental conservation, THE STATE 41 UNIVERSITY POLICE, a member of the regional state park police or a 42 police force, police department, or other organization of a county, 43 city, town, village, housing authority, transit authority or police 44 district, who is responsible for the prevention and detection of crime 45 and the enforcement of the general criminal laws of the state, but shall 46 not include any person serving as such solely by virtue of his or her 47 occupying any other office or position, nor shall such term include a 48 sheriff, under-sheriff, commissioner of police, deputy or assistant 49 commissioner of police, chief of police, deputy or assistant chief of 50 police or any person having an equivalent title who is appointed or 51 employed to exercise equivalent supervisory authority. 52 S 7. Paragraphs (a) and (b) of subdivision 4 of section 58 of the 53 civil service law, as amended by chapter 244 of the laws of 2013, are 54 amended to read as follows: 55 (a) Any person who has received provisional or permanent appointment 56 in the competitive class of the civil service as a police officer of the S. 4205 81 1 regional state park police, THE STATE UNIVERSITY OF NEW YORK POLICE, the 2 department of environmental conservation or any police force or police 3 department of any county, city, town, village, housing authority, trans- 4 it authority or police district shall be eligible to resign from any 5 police force or police department, and to be appointed as a police offi- 6 cer in the same or any other police force or police department without 7 satisfying the age requirements set forth in paragraph (a) of subdivi- 8 sion one of this section at the time of such second or subsequent 9 appointment, provided such second or subsequent appointment occurs with- 10 in thirty days of the date of resignation. 11 (b) Any person who has received permanent appointment in the compet- 12 itive class of the civil service as a police officer of the regional 13 state park police, THE STATE UNIVERSITY OF NEW YORK POLICE, the depart- 14 ment of environmental conservation or any police force or police depart- 15 ment of any county, city, town, village, housing authority, transit 16 authority or police district shall be eligible to resign from any police 17 force or police department and, subject to such civil service rules as 18 may be applicable, shall be eligible for reinstatement in the same 19 police force or police department or in any other police force or police 20 department to which he or she was eligible for transfer, without satis- 21 fying the age requirements set forth in paragraph (a) of subdivision one 22 of this section at the time of such reinstatement, provided such rein- 23 statement occurs within one year of the date of resignation. 24 S 8. This act shall take effect immediately. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill would allow State University Police Officers to elect to transfer to the New York State and Local Police and Fire Retirement System and to be covered by the provisions of a new twenty-five (25) year half pay retirement plan, with additional one-sixtieths of final average salary for each year of service in excess of twenty-five (25) years, but not exceeding fifteen (15) such years. For Tiers 2, 5, and 6 members, the additional one-sixtieths can not exceed seven (7) such years. There will be no refund of Article 14 or Article 15 member contributions for officers who elect to transfer to the Police and Fire Retirement system. If this bill is enacted, we anticipate that there will be an increase of approximately $1.1 million in the annual contributions of the State of New York for the fiscal year ending March 31, 2016. In addition to the annual contributions discussed above, it is esti- mated that there will be an immediate past service cost of $9.72 million which would be borne by the State of New York, assuming that payment will be made on March 1, 2016. If this cost is amortized over ten (10) years, the cost for the first year, including interest, would be $1.32 million. These estimated costs are based on five hundred sixteen (516) State University Police Officers with a total estimated salary of approximate- ly $39 million for the fiscal year ending March 31, 2014. Summary of relevant resources: The membership data used in measuring the impact of the proposed change was the same as that used in the March 31, 2014 actuarial valu- ation. Distributions and other statistics can be found in the 2014 Report of the Actuary and the 2014 Comprehensive Annual Financial Report. The actuarial assumptions and methods used are described in the 2010, 2011, 2012, 2013 and 2014 Annual Report to the Comptroller on Actuarial S. 4205 82 Assumptions, and the Codes Rules and Regulations of the State of New York: Audit and Control. The Market Assets and GASB Disclosures are found in the March 31, 2014 New York State and Local Retirement System Financial Statements and Supplementary Information. I am a member of the American Academy of Actuaries and meet the Quali- fication Standards to render the actuarial opinion contained herein. This estimate, dated January 16, 2015 and intended for use only during the 2015 Legislative Session, is Fiscal Note No. 2015-30 prepared by the Actuary for the New York State and Local Employees' Retirement System and the New York State and Local Police and Fire Retirement System. 1 PART BB 2 Section 1. Section 832 of the executive law is amended by adding a new 3 subdivision 4 to read as follows: 4 4. NO LATER THAN AUGUST FIRST, TWO THOUSAND FIFTEEN, THE OFFICE SHALL, 5 IN CONSULTATION WITH ALL COUNTIES AND ALL OTHER PERSONS AND ENTITIES IT 6 DEEMS APPROPRIATE, DEVELOP A WRITTEN PLAN TO PROVIDE THAT EACH CRIMINAL 7 DEFENDANT ELIGIBLE FOR PUBLICLY FUNDED LEGAL REPRESENTATION IS ADEQUATE- 8 LY REPRESENTED BY COUNSEL. SUCH PLAN SHALL BE DELIVERED TO THE GOVERNOR, 9 TOGETHER WITH A FULL ESTIMATE AS TO THE AMOUNT OF FUNDING REQUIRED TO 10 IMPLEMENT SUCH PLAN, WITH THE STATE BEARING FULL COST OF SUCH IMPLEMEN- 11 TATION. THE PLAN SHALL PROVIDE A MECHANISM TO ENSURE AN ELIGIBLE CRIMI- 12 NAL DEFENDANT IS REPRESENTED AT ARRAIGNMENT. THE PLAN SHALL FURTHER 13 PROVIDE FOR APPROPRIATE CASELOAD/WORKLOAD STANDARDS FOR EACH PROVIDER OF 14 MANDATED REPRESENTATION, WHETHER PUBLIC DEFENDER, LEGAL AID SOCIETY, 15 ASSIGNED COUNSEL PROGRAM, OR CONFLICT DEFENDER FOR REPRESENTATION IN 16 BOTH TRIAL AND APPELLATE-LEVEL CASES, AS WELL AS DETERMINE RESOURCES 17 (INCLUDING BUT NOT LIMITED TO INVESTIGATORS OR NON-ATTORNEY STAFF) 18 NECESSARY FOR EACH PROVIDER OF MANDATED REPRESENTATION. THE PLAN SHALL 19 PROVIDE THAT ATTORNEYS PROVIDING MANDATED REPRESENTATION IN CRIMINAL 20 CASES RECEIVE EFFECTIVE SUPERVISION AND TRAINING IN CRIMINAL LAW AND 21 PROCEDURE AND PROFESSIONAL PRACTICE STANDARDS AND HAVE ACCESS TO AND 22 APPROPRIATELY UTILIZE INVESTIGATORS, INTERPRETERS, AND EXPERT WITNESSES 23 ON BEHALF OF CLIENTS. THE DIVISION OF CRIMINAL JUSTICE SERVICES 24 ("DCJS"), THE OFFICE OF COURT ADMINISTRATION ("OCA") AND THE NEW YORK 25 STATE DISTRICT ATTORNEY'S ASSOCIATION SHALL ADDITIONALLY PROVIDE A WRIT- 26 TEN PLAN FOR ANY INCREASED NEEDS TO ENSURE THAT THE PEOPLE OF THE STATE 27 OF NEW YORK ARE ADEQUATELY REPRESENTED IN THE CRIMINAL JUSTICE SYSTEM TO 28 MIRROR PRESENCE AT ARRAIGNMENT, CASELOAD/WORKLOAD STANDARDS, RESOURCES, 29 TRAINING AND SUPERVISION. SUCH INFORMATION, TOGETHER WITH ESTIMATES AS 30 TO THE COST OF IMPLEMENTATION, SHALL BE APPENDED TO THE PLAN TO BE 31 DEVELOPED BY THE OFFICE. UPON SUBMISSION, THE PLAN SHALL BE POSTED TO 32 THE OFFICE'S WEBSITE, AS WELL AS THE WEBSITES OF DCJS, OCA AND THE 33 GOVERNOR. 34 S 2. This act shall take effect immediately. 35 PART CC 36 Section 1. Section 224-b of the county law is amended by adding a new 37 subdivision 5 to read as follows: 38 5. REGIONAL SPECIALIST PROGRAMS. REGIONAL SPECIALIST PROGRAMS WHOSE 39 STATE ASSISTANCE SUPPORTS, AT A MINIMUM, SEVENTY-FIVE PERCENT OF TOTAL 40 EXPENDITURES SHALL SUBMIT AN ANNUAL REPORT ON OR BEFORE JANUARY FIRST OF 41 EACH YEAR TO THE TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE S. 4205 83 1 ASSEMBLY, CHAIR OF THE LEGISLATIVE COMMISSION ON RURAL RESOURCES, AND 2 DIRECTOR OF THE DIVISION OF THE BUDGET CONTAINING DATA ON THE NUMBER OF 3 PRODUCERS PARTICIPATING IN THE PROGRAM, NUMBER OF FARMS THEY REPRESENT 4 AND GEOGRAPHIC LOCATION OF THE FARMS, AND RECOMMENDATIONS FOR PROGRAM- 5 MATIC GOALS IN OUTLYING YEARS. 6 S 2. This act shall take effect immediately. 7 PART DD 8 Section 1. Subdivision 1-a of section 3 of the public officers law, as 9 added by section 31-b of subpart A of part H of chapter 55 of the laws 10 of 2014, is amended to read as follows: 11 1-a. (i) No person shall be capable of holding a civil office who 12 shall stand convicted of a felony defined in article two hundred or four 13 hundred ninety-six or section 195.20 of the penal law. 14 (ii) Any individual who stands convicted of a misdemeanor defined in 15 article two hundred, article four hundred ninety-six or section 195.00 16 of the penal law, OR WHO HAS FAILED TO DISCLOSE SUCH INFORMATION 17 REQUIRED UNDER SUBDIVISION FOUR OF SECTION SEVENTY-THREE-A OF THIS CHAP- 18 TER, may not hold civil office for a period of five years from the date 19 of conviction, provided that in the event such conviction is the result 20 of a plea agreement resulting in a plea to such charge in lieu of a plea 21 or conviction of a felony defined in [section] SECTIONS 195.20 OR 22 175.35, OR article two hundred or article four hundred ninety-six of the 23 penal law, all parties to such agreement may agree that the period of 24 such bar may be for a period of up to ten years from the date of 25 conviction. 26 S 2. Subparagraphs (a) and (b) of paragraph 8 and paragraph 13 of 27 subdivision 3 of section 73-a of the public officers law, subparagraphs 28 (a) and (b) of paragraph 8 as amended by section 37 of subpart A of part 29 H of chapter 55 of the laws of 2014 and paragraph 13 as amended by 30 section 5 of part A of chapter 399 of the laws of 2011, are amended and 31 a new subparagraph (b-1) is added to paragraph 8 to read as follows: 32 (a) If the reporting individual practices law, is licensed by the 33 department of state as a real estate broker or agent or practices a 34 profession licensed by the department of education, or works as a member 35 or employee of a firm required to register pursuant to section one-e of 36 the legislative law as a lobbyist, [give a general] DESCRIBE THE 37 SERVICES RENDERED TO WHICH COMPENSATION WAS PAID INCLUDING A GENERAL 38 description of the principal subject areas of matters undertaken by such 39 individual OR PRINCIPAL DUTIES PERFORMED. Additionally, if such an 40 individual practices with a firm or corporation and is a partner or 41 shareholder of the firm or corporation, give a general description of 42 principal subject areas of matters undertaken by such firm or corpo- 43 ration. 44 ____________________________________________________________________ 45 ____________________________________________________________________ 46 ____________________________________________________________________ 47 ____________________________________________________________________ 48 ____________________________________________________________________ 49 (b) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE 50 PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE, OR FOR NEW MATTERS 51 FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT 52 ARE PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE: S. 4205 84 1 If the reporting individual personally provides services to any person 2 or entity, or works as a member or employee of a partnership or corpo- 3 ration that provides such services (referred to hereinafter as a 4 "firm"), then identify each client or customer to whom the reporting 5 individual personally provided services AND THE SERVICES ACTUALLY 6 PROVIDED, OR EACH CLIENT OR CUSTOMER, [or] who was referred to the firm 7 by the reporting individual, and from whom the reporting individual or 8 his or her firm [earned fees] WAS PAID in excess of [$10,000] $5,000 9 during the reporting period [for]. FOR such services rendered [in direct 10 connection with] BY THE FILER DIRECTLY TO EACH SUCH CLIENT, DESCRIBE 11 EACH MATTER THAT WAS THE SUBJECT OF SUCH REPRESENTATION, AND PAYMENT 12 RECEIVED. FOR PAYMENTS RECEIVED FROM CLIENTS ORIGINATED BY THE FILER 13 FOR WHOM THE FILER DID NOT PERFORM SERVICES, IDENTIFY THE CLIENT AND THE 14 PAYMENT SO RECEIVED. ALSO, INDICATE WHETHER SUCH SERVICES WERE RENDERED 15 IN DIRECT CONNECTION WITH: 16 (i) [A proposed bill or resolution in the senate or assembly during 17 the reporting period; 18 (ii)] A contract in an amount totaling $50,000 or more from the state 19 or any state agency for services, materials, or property; 20 [(iii)] (II) A grant of $25,000 or more from the state or any state 21 agency during the reporting period; 22 [(iv)] (III) A grant obtained through a legislative initiative during 23 the reporting period; or 24 [(v)] (IV) A case, proceeding, application or other matter that is not 25 a ministerial matter before a state agency during the reporting period. 26 For purposes of this question, "referred to the firm" shall mean: 27 having intentionally and knowingly taken a specific act or series of 28 acts to intentionally procure for the reporting individual's firm or 29 knowingly solicit or direct to the reporting individual's firm in whole 30 or substantial part, a person or entity that becomes a client of that 31 firm for the purposes of representation for a matter as defined in 32 subparagraphs (i) through [(v)] (IV) of this paragraph, as the result of 33 such procurement, solicitation or direction of the reporting individual. 34 A reporting individual need not disclose activities performed while 35 lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivi- 36 sion seven of section seventy-three of this article. 37 [The disclosure requirement in this question shall not require disclo- 38 sure of clients or customers receiving medical or dental services, 39 mental health services, residential real estate brokering services, or 40 insurance brokering services from the reporting individual or his or her 41 firm. The reporting individual need not identify any client to whom he 42 or she or his or her firm provided legal representation with respect to 43 investigation or prosecution by law enforcement authorities, bankruptcy, 44 or domestic relations matters. With respect to clients represented in 45 other matters, where disclosure of a client's identity is likely to 46 cause harm, the reporting individual shall request an exemption from the 47 joint commission pursuant to paragraph (i) of subdivision nine of 48 section ninety-four of the executive law. Only a reporting individual 49 who first enters public office after July first, two thousand twelve, 50 need not report clients or customers with respect to matters for which 51 the reporting individual or his or her firm was retained prior to enter- 52 ing public office. 53 Client Nature of Services Provided 54 ________________________________________________________________________ 55 ________________________________________________________________________ 56 ________________________________________________________________________ S. 4205 85 1 ________________________________________________________________________ 2 ______________________________________________________________________ ] 3 (B-1) FOR ALL OTHER CLIENTS OR CUSTOMERS (EXCLUSIVE OF THOSE FOR WHOM 4 DISCLOSURE IS NOT REQUIRED) BY WHOM THE FILER WAS PAID IN EXCESS OF 5 $5,000, DISCLOSE THE NAME OF EACH SUCH CLIENT OR CUSTOMER AND THE 6 SERVICES ACTUALLY RENDERED FOR WHICH MONEY WAS RECEIVED: 7 CLIENT SERVICES ACTUALLY PROVIDED ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 8 FOLLOWING IS AN ILLUSTRATIVE, NON-EXCLUSIVE LIST OF EXAMPLES OF 9 DESCRIPTIONS OF "SERVICES ACTUALLY PROVIDED": 10 * REVIEWED DOCUMENTS AND CORRESPONDENCE; 11 * REPRESENTED CLIENT (IDENTIFY CLIENT BY NAME) IN LEGAL PROCEEDING; 12 * PROVIDED LEGAL ADVICE ON CLIENT MATTER (IDENTIFY CLIENT BY NAME); 13 * CONSULTED WITH CLIENT OR LAW PARTNERS/ASSOCIATES/MEMBERS OF FIRM ON 14 CLIENT MATTER (IDENTIFY CLIENT BY NAME); 15 * REFERRED INDIVIDUAL OR ENTITY (IDENTIFY CLIENT BY NAME) FOR REPRE- 16 SENTATION OR CONSULTATION. 17 THE DISCLOSURE REQUIREMENT IN QUESTIONS (B) AND (B-1) SHALL NOT REQUIRE 18 DISCLOSING CLIENTS OR CUSTOMERS RECEIVING MEDICAL OR DENTAL SERVICES, 19 MENTAL HEALTH SERVICES, RESIDENTIAL REAL ESTATE BROKERING SERVICES, OR 20 INSURANCE BROKERING SERVICES FROM THE REPORTING INDIVIDUAL OR HIS OR HER 21 FIRM. THE REPORTING INDIVIDUAL NEED NOT IDENTIFY ANY CLIENT TO WHOM HE 22 OR SHE OR HIS OR HER FIRM PROVIDED LEGAL REPRESENTATION WITH RESPECT TO 23 INVESTIGATION OR PROSECUTION BY LAW ENFORCEMENT AUTHORITIES, BANKRUPTCY, 24 SURROGATE COURT AND ESTATE PLANNING WORK, OR DOMESTIC RELATIONS MATTERS. 25 WITH RESPECT TO CLIENTS REPRESENTED IN OTHER MATTERS, WHERE DISCLOSURE 26 OF A CLIENT'S IDENTITY IS LIKELY TO CAUSE HARM, THE REPORTING INDIVIDUAL 27 SHALL REQUEST AN EXEMPTION FROM THE JOINT COMMISSION PURSUANT TO PARA- 28 GRAPH (I) OF SUBDIVISION NINE OF SECTION NINETY-FOUR OF THE EXECUTIVE 29 LAW. 30 13. List below the nature and amount of any income in EXCESS of $1,000 31 from EACH SOURCE for the reporting individual and such individual's 32 spouse for the taxable year last occurring prior to the date of 33 filing. EACH SUCH SOURCE MUST BE DESCRIBED WITH PARTICULARITY. 34 Nature of income includes, but is not limited to, all income (other 35 than that received from the employment listed under Item 2 above) 36 from compensated employment whether public or private, directorships 37 and other fiduciary positions, contractual arrangements, teaching 38 income, partnerships, honorariums, lecture fees, consultant fees, 39 bank and bond interest, dividends, income derived from a trust, real 40 estate rents, and recognized gains from the sale or exchange of real 41 or other property. Income from a business or profession and real 42 estate rents shall be reported with the source identified by the 43 building address in the case of real estate rents and otherwise by 44 the name of the entity and not by the name of the individual custom- 45 ers, clients or tenants, with the aggregate net income before taxes 46 for each building address or entity. The receipt of maintenance 47 received in connection with a matrimonial action, alimony and child 48 support payments shall not be listed. S. 4205 86 1 Self/ Category 2 Spouse Source Nature of Amount 3 (In Table I) 4 ____________________________________________________________________ 5 ____________________________________________________________________ 6 ____________________________________________________________________ 7 ____________________________________________________________________ 8 ____________________________________________________________________ 9 S 3. Subdivision 3 of section 73 of the public officers law is amended 10 by adding a new paragraph (c) to read as follows: 11 (C) NO MEMBER OF THE LEGISLATURE OR LEGISLATIVE EMPLOYEE SHALL 12 RECEIVE, DIRECTLY OR INDIRECTLY, OR ENTER INTO ANY AGREEMENT EXPRESS OR 13 IMPLIED, FOR, ANY COMPENSATION, IN WHATEVER FORM FOR THE APPEARANCE OR 14 RENDITION OF SERVICES BY HIMSELF OR HERSELF OR ANOTHER IN CONNECTION 15 WITH ANY PROPOSED OR PENDING BILL OR RESOLUTION IN THE SENATE OR ASSEM- 16 BLY NOR MAY A MEMBER OF THE ASSEMBLY OR SENATE REFER ANY CLIENT OR 17 CUSTOMER IN CONNECTION WITH LOBBYING OR ADVOCATING ON BEHALF OF ANY 18 PROPOSED OR PENDING BILL OR RESOLUTION BEFORE SUCH LEGISLATIVE BODY TO 19 ANY ENTITY WITH WHOM SUCH MEMBER HAS A BUSINESS RELATIONSHIP EITHER AS A 20 MEMBER OR EMPLOYEE INCLUDING ANY SUCH ENTITY THAT IS DISCLOSED IN QUES- 21 TION EIGHT OF THE FINANCIAL DISCLOSURE STATEMENT REQUIRED PURSUANT TO 22 SECTION SEVENTY-THREE-A OF THIS CHAPTER. 23 S 4. Subdivisions (k) and (t) of section 1-c of the legislative law, 24 subdivision (k) as amended and subdivision (t) as added by chapter 1 of 25 the laws of 2005, are amended to read as follows: 26 (k) The term "municipality" shall mean any jurisdictional subdivision 27 of the state, including but not limited to counties, cities, towns, 28 villages, improvement districts and special districts, with a population 29 of more than [fifty] FIVE thousand, and industrial development agencies 30 in jurisdictional subdivisions with a population of more than [fifty] 31 FIVE thousand; and public authorities, and public corporations[, but 32 shall not include school districts]. 33 (t) The term "local legislative body" shall mean the board of supervi- 34 sors, board of aldermen, common council, council, commission, town 35 board, board of trustees or other elective governing board or body of a 36 municipality now or hereafter vested by state statute, charter or other 37 law with jurisdiction to initiate and adopt local laws [and], ordinances 38 AND BUDGETS, whether or not such local laws [or], ordinances OR BUDGETS 39 require approval of the elective chief executive officer or other offi- 40 cial or body to become effective. 41 S 5. Subdivision 2 of section 5 of the legislative law, as amended by 42 section 1 of part M-1 of chapter 407 of the laws of 1999, is amended to 43 read as follows: 44 2. Each member of the legislature shall receive payment of actual and 45 necessary transportation expenses and [a per diem equivalent to the most 46 recent federal per diem rates published by the General Services Adminis- 47 tration and set forth in 41 CFR (Code of Federal Regulations) Part 301, 48 App. A] REASONABLE AND NECESSARY TRAVEL EXPENSES FOR LODGING, MEALS AND 49 INCIDENTALS THAT ARE ACTUALLY INCURRED WHILE PERFORMING HIS OR HER 50 DUTIES AND FOR WHICH RECEIPTS AND OTHER APPROPRIATE DOCUMENTATION ARE 51 SUBMITTED WHICH SHALL BE REIMBURSED AT THE SAME RATES AS SUCH RECEIPTED 52 EXPENSES ARE OTHERWISE ALLOWED STATE EMPLOYEES BY THE STATE COMPTROLLER, 53 while in travel status in the performance of [his or her] THEIR duties[; 54 and such other reasonable expenses as may be necessary for the perform- S. 4205 87 1 ance of the member's responsibilities as determined by the temporary 2 president of the senate or speaker of the assembly for their respective 3 houses. The per diem allowances, including partial per diem allowances, 4 shall be made pursuant to regulations promulgated by the temporary pres- 5 ident of the senate and the speaker of the assembly for their respective 6 houses, on audit and warrant of the comptroller on vouchers approved by 7 the temporary president of the senate or his or her designee and the 8 speaker of the assembly or his or her designee for their respective 9 houses]. 10 S 6. Subdivision 6 of section 109 of the state finance law, as added 11 by chapter 881 of the laws of 1980, is amended to read as follows: 12 6. Notwithstanding the provisions of this or any other law, on and 13 after January first, nineteen hundred eighty-one, the heads of the exec- 14 utive department, the department of law and the department of audit and 15 control and the lieutenant governor, upon certification to the depart- 16 ment of audit and control by such officer or his OR HER duly designated 17 representative that the amounts in lieu of expenses currently provided 18 or the currently provided payment in reimbursement of all necessary and 19 actual expenses incurred incidental to the performance of official 20 duties and obligations applicable on the effective date of this act have 21 been expended, shall receive reimbursement for actual, reasonable and 22 necessary expenses incurred incidental to the performance of official 23 duties and obligations for expenses in excess of such amounts in lieu of 24 expenses or such payments in reimbursement currently provided. 25 Reimbursement for such expenses provided by this subdivision in excess 26 of the amounts currently provided shall be obtained by submitting travel 27 or other expense claims to the comptroller, in accordance with rules and 28 regulations of the comptroller. PROVIDED HOWEVER, THAT WHILE IN TRAVEL 29 STATUS IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES, WITH RESPECT TO 30 EXPENSES INCURRED FOR LODGING, MEALS AND INCIDENTALS DURING SUCH STATUS, 31 THE HEADS OF THE EXECUTIVE DEPARTMENT, THE DEPARTMENT OF LAW AND THE 32 DEPARTMENT OF AUDIT AND CONTROL AND THE LIEUTENANT GOVERNOR SHALL ONLY 33 BE ENTITLED TO AND MAY ONLY RECEIVE REASONABLE AND NECESSARY TRAVEL 34 EXPENSES FOR LODGING, MEALS AND INCIDENTALS AT THE SAME RATES SUCH 35 EXPENSES ARE OTHERWISE ALLOWED STATE EMPLOYEES THAT ARE ACTUALLY 36 INCURRED WHILE PERFORMING SUCH DUTIES AND FOR WHICH THEY PROVIDE 37 RECEIPTS AND OTHER APPROPRIATE DOCUMENTATION. 38 S 7. Paragraph (a) of subdivision 1 and paragraph (d) of subdivision 3 39 of section 14-107 of the election law, as added by section 4 of subpart 40 C of part H of chapter 55 of the laws of 2014, are amended to read as 41 follows: 42 (a) "Independent expenditure" means an expenditure made by a person 43 conveyed to five hundred or more members of a general public audience in 44 the form of (i) an audio or video communication via broadcast, cable or 45 satellite, (ii) a written communication via advertisements, pamphlets, 46 circulars, flyers, brochures, letterheads or (iii) other published 47 statements which: (i) irrespective of when such communication is made, 48 contains words such as "vote," "oppose," "support," "elect," "defeat," 49 or "reject," which call for the election or defeat of the clearly iden- 50 tified candidate, [or] (ii) refers to and advocates for or against a 51 clearly identified candidate or ballot proposal on or after January 52 first of the year of the election in which such candidate is seeking 53 office or such proposal shall appear on the ballot, OR (III) WITHIN 54 SIXTY DAYS BEFORE A GENERAL OR SPECIAL ELECTION FOR THE OFFICE SOUGHT BY 55 THE CANDIDATE OR THIRTY DAYS BEFORE A PRIMARY ELECTION, INCLUDES OR 56 REFERENCES A CLEARLY IDENTIFIED CANDIDATE. An independent expenditure S. 4205 88 1 shall not include communications where such candidate, the candidate's 2 political committee or its agents, or a political committee formed to 3 promote the success or defeat of a ballot proposal or its agents, did 4 authorize, request, suggest, foster or cooperate in such communication. 5 (d) A knowing and willful violation of the provisions of this subdivi- 6 sion shall subject the person to a civil penalty equal to five thousand 7 dollars or the cost of the communication, whichever is greater, in a 8 special proceeding or civil action brought by the [board or imposed 9 directly by the board of elections] CHIEF ENFORCEMENT COUNSEL. 10 S 8. The opening paragraph of paragraph (a) of subdivision 6 of 11 section 156 of the retirement and social security law, as added by 12 section 1 of part C of chapter 399 of the laws of 2011, is amended to 13 read as follows: 14 "Public official" shall mean any of the following individuals [who 15 were not members of any retirement system prior to the effective date of 16 the chapter of the laws of two thousand eleven which added this article 17 but who have become members of a covered retirement system on or after 18 the effective date of the chapter of the laws of two thousand eleven 19 which added this article]: 20 S 9. Subdivision 1 of section 157 of the retirement and social securi- 21 ty law, as added by section 1 of part C of chapter 399 of the laws of 22 2011, is amended to read as follows: 23 1. Notwithstanding any other law to the contrary, it shall be a term 24 and condition of membership for every public official [who becomes a 25 member of any retirement system on or after the effective date of the 26 chapter of the laws of two thousand eleven which added this article,] 27 that such public official's rights to a pension in a retirement system 28 that accrue in such retirement system after his or her date of initial 29 membership in the retirement system shall be subject to the provisions 30 of this article. 31 S 10. This act shall take effect immediately; provided, however, that 32 sections eight and nine of this act shall take effect upon the people 33 approving and ratifying by a majority of the electors voting thereon a 34 constitutional amendment entitled "CONCURRENT RESOLUTION OF THE SENATE 35 AND ASSEMBLY proposing an amendment to section 7 of article 5 of the 36 constitution, in relation to forfeiture of pension rights or retirement 37 benefits upon conviction of a felony related to public employment". 38 PART EE 39 Section 1. Subdivisions a and b of section 13-357 of the administra- 40 tive code of the city of New York, subdivision a as amended by chapter 41 438 of the laws of 1986, are amended to read as follows: 42 a. Once each year the board may, and upon his or her own application 43 shall, require any disability pensioner, under the minimum period for 44 service retirement elected by him or her, and who at the time of his or 45 her retirement for disability was an improved benefits plan member, OR 46 ANY DISABILITY PENSIONER RETIRED PURSUANT TO SECTION FIVE HUNDRED SIX OR 47 FIVE HUNDRED SEVEN OF THE RETIREMENT AND SOCIAL SECURITY LAW, AND WHO IS 48 UNDER EARLY RETIREMENT AGE AS DEFINED IN SECTION FIVE HUNDRED ONE OF THE 49 RETIREMENT AND SOCIAL SECURITY LAW FOR POLICE/FIRE MEMBERS to undergo 50 medical examination. Such examination shall be made at the place of 51 residence of such beneficiary or other place mutually agreed upon. Upon 52 the completion of such examination the medical board shall report and 53 certify to the board whether such beneficiary is or is not totally or 54 partially incapacitated physically or mentally and whether he or she is S. 4205 89 1 or is not engaged in or able to engage in a gainful occupation. If the 2 board concur in a report by the medical board that such beneficiary is 3 able to engage in a gainful occupation, it shall certify the name of 4 such beneficiary to the appropriate civil service commission, state or 5 municipal, and such commission shall place his or her name as a 6 preferred eligible on such appropriate lists of candidates as are 7 prepared for appointment to positions for which he or she is stated to 8 be qualified. Should such beneficiary be engaged in a gainful occupa- 9 tion, or should he or she be offered city-service as a result of the 10 placing of his or her name on a civil service list, such board shall 11 reduce the amount of his or her disability pension and his or her 12 pension-providing-for-increased-take-home-pay, if any, to an amount 13 which, when added to that then earned by him or her, or earnable by him 14 or her in city-service so offered him or her, shall not exceed the 15 current maximum salary for the title next higher than that held by him 16 or her when he or she was retired. Should the earning capacity of such 17 beneficiary be further altered, such board may further alter his or her 18 pension and his or her pension-providing-for-increased-take-home-pay, if 19 any, to an amount which shall not exceed the rate of pension and his or 20 her pension-providing-for-increased-take-home-pay, if any, upon which he 21 or she was originally retired but which, subject to such limitation, 22 shall equal, when added to that earnable by him or her, the current 23 maximum salary for the title next higher than that held by him or her 24 when he or she was retired. The provisions of this section shall be 25 executed, any provision of the charter or the code to the contrary 26 notwithstanding. 27 b. Should any disability pensioner, under the minimum period for 28 service retirement elected by him or her, and who was an improved bene- 29 fits plan member at the time of his or her retirement for disability, OR 30 ANY DISABILITY PENSIONER RETIRED PURSUANT TO SECTION FIVE HUNDRED SIX OR 31 FIVE HUNDRED SEVEN OF THE RETIREMENT AND SOCIAL SECURITY LAW AND WHO IS 32 UNDER EARLY RETIREMENT AGE AS DEFINED IN SECTION FIVE HUNDRED ONE OF THE 33 RETIREMENT AND SOCIAL SECURITY LAW FOR POLICE/FIRE MEMBERS, refuse to 34 submit to one medical examination in any year by a physician or physi- 35 cians designated by the medical board, his or her pension and his or her 36 pension-providing-for-increased-take-home-pay, if any, may be discontin- 37 ued until his or her withdrawal of such refusal. Should such refusal 38 continue for one year, all his or her rights in and to such pension and 39 his or her pension-providing-for-increased-take-home-pay, if any, may be 40 revoked by such board. 41 S 2. Section 506 of the retirement and social security law is amended 42 by adding two new subdivisions e and f to read as follows: 43 E. 1. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR OF ANY 44 GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR 45 REGULATION TO THE CONTRARY, SUBDIVISIONS A, B, C AND D OF THIS SECTION 46 SHALL NOT APPLY TO MEMBERS OF THE NEW YORK CITY POLICE PENSION FUND WHO 47 ARE SUBJECT TO THIS ARTICLE. A MEMBER OF THE NEW YORK CITY POLICE 48 PENSION FUND WHO IS SUBJECT TO THIS ARTICLE SHALL INSTEAD BE ELIGIBLE 49 FOR ORDINARY DISABILITY RETIREMENT PURSUANT TO SECTIONS 13-251 AND 50 13-254 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, AND SHALL 51 RECEIVE A RETIREMENT ALLOWANCE WHICH SHALL CONSIST OF: 52 (I) AN ANNUITY, WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF HIS OR HER 53 ACCUMULATED CONTRIBUTIONS, IF ANY, AT THE TIME OF HIS OR HER RETIREMENT; 54 (II) A PENSION WHICH IS THE ACTUARIAL EQUIVALENT OF THE 55 RESERVE-FOR-INCREASED-TAKE-HOME-PAY TO WHICH HE OR SHE MAY THEN BE ENTI- 56 TLED, IF ANY; AND S. 4205 90 1 (III) A PENSION, WHICH, TOGETHER WITH HIS OR HER ANNUITY AND THE 2 PENSION-PROVIDING-FOR-INCREASED-TAKE-HOME-PAY, IF ANY, SHALL BE EQUAL TO 3 A RETIREMENT ALLOWANCE EQUAL TO ONE-FORTIETH OF HIS OR HER FINAL AVERAGE 4 SALARY MULTIPLIED BY THE NUMBER OF YEARS OF CITY-SERVICE CREDITED TO HIM 5 OR HER, BUT NOT LESS THAN (1) ONE-HALF OF HIS OR HER FINAL AVERAGE SALA- 6 RY, IF THE YEARS OF CITY-SERVICE CREDITED TO HIM OR HER ARE TEN OR MORE, 7 OR (2) ONE-THIRD OF HIS OR HER FINAL AVERAGE SALARY, IF THE YEARS OF 8 CITY-SERVICE CREDITED TO HIM OR HER ARE LESS THAN TEN. 9 2. THE PROVISIONS OF SUBDIVISIONS G, H AND I OF SECTION FIVE HUNDRED 10 SEVEN OF THIS ARTICLE SHALL APPLY TO DISABILITY BENEFITS UNDER THIS 11 SUBDIVISION. 12 F. 1. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR OF ANY 13 GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR 14 REGULATION TO THE CONTRARY, SUBDIVISIONS A, B, C AND D OF THIS SECTION 15 SHALL NOT APPLY TO MEMBERS OF THE NEW YORK FIRE DEPARTMENT PENSION FUND 16 WHO ARE SUBJECT TO THIS ARTICLE. A MEMBER OF THE NEW YORK FIRE DEPART- 17 MENT PENSION FUND WHO IS SUBJECT TO THIS ARTICLE SHALL INSTEAD BE ELIGI- 18 BLE FOR ORDINARY DISABILITY RETIREMENT PURSUANT TO SECTIONS 13-352 AND 19 13-357 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, AND SHALL 20 RECEIVE A RETIREMENT ALLOWANCE WHICH SHALL CONSIST OF: 21 (I) AN ANNUITY, WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF HIS OR HER 22 ACCUMULATED CONTRIBUTIONS, IF ANY, AT THE TIME OF HIS OR HER RETIREMENT; 23 AND 24 (II) A PENSION WHICH IS THE ACTUARIAL EQUIVALENT OF THE 25 RESERVE-FOR-INCREASED-TAKE-HOME-PAY TO WHICH HE OR SHE MAY THEN BE ENTI- 26 TLED, IF ANY, AND 27 (III) A PENSION, WHICH TOGETHER WITH HIS OR HER ANNUITY AND THE 28 PENSION-PROVIDING-FOR-INCREASED-TAKE-HOME-PAY, IF ANY, SHALL BE EQUAL TO 29 A RETIREMENT ALLOWANCE EQUAL TO ONE-FORTIETH OF HIS OR HER FINAL AVERAGE 30 SALARY MULTIPLIED BY THE NUMBER OF YEARS OF CITY-SERVICE CREDITED TO HIM 31 OR HER, BUT NOT LESS THAN (1) ONE-HALF OF HIS OR HER FINAL AVERAGE SALA- 32 RY, IF THE YEARS OF CITY-SERVICE CREDITED TO HIM OR HER ARE TEN OR MORE, 33 OR (2) ONE-THIRD OF HIS OR HER FINAL AVERAGE SALARY, IF THE YEARS OF 34 CITY-SERVICE CREDITED TO HIM OR HER ARE LESS THAN TEN. 35 2. THE PROVISIONS OF SUBDIVISIONS G, H AND I OF SECTION FIVE HUNDRED 36 SEVEN OF THIS ARTICLE SHALL APPLY TO DISABILITY BENEFITS UNDER THIS 37 SUBDIVISION. 38 S 3. Section 507 of the retirement and social security law is amended 39 by adding two new subdivisions j and k to read as follows: 40 J. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR ANY GENERAL, 41 SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR REGULATION 42 TO THE CONTRARY, SUBDIVISIONS A, B, C, D, E, AND F OF THIS SECTION SHALL 43 NOT APPLY TO MEMBERS OF THE NEW YORK FIRE DEPARTMENT PENSION FUND WHO 44 ARE SUBJECT TO THIS ARTICLE. A MEMBER OF THE NEW YORK FIRE DEPARTMENT 45 PENSION FUND WHO IS SUBJECT TO THIS ARTICLE SHALL INSTEAD BE ELIGIBLE 46 FOR ACCIDENTAL DISABILITY RETIREMENT PURSUANT TO SECTIONS 13-353, 47 13-354, AND 13-357 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK 48 AND ANY ACCIDENTAL DISABILITY RETIREMENT BENEFITS FOUND IN THE GENERAL 49 MUNICIPAL LAW AND SHALL RECEIVE A RETIREMENT ALLOWANCE WHICH SHALL 50 CONSIST OF: 51 1. AN ANNUITY, WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF HIS OR HER 52 ACCUMULATED CONTRIBUTIONS, IF ANY, AT THE TIME OF HIS OR HER RETIREMENT; 53 AND 54 2. A PENSION WHICH IS THE ACTUARIAL EQUIVALENT OF THE RESERVE-FOR-IN- 55 CREASED-TAKE-HOME-PAY TO WHICH HE OR SHE MAY THEN BE ENTITLED, IF ANY; 56 AND S. 4205 91 1 3. A PENSION, OF THREE-QUARTERS OF HIS OR HER FINAL AVERAGE SALARY, IN 2 ADDITION TO THE ANNUITY AND PENSION PROVIDED FOR BY PARAGRAPHS ONE AND 3 TWO OF THIS SUBDIVISION. 4 K. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR OF ANY 5 GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR 6 REGULATION TO THE CONTRARY, SUBDIVISIONS A, B, C, D, E AND F OF THIS 7 SECTION SHALL NOT APPLY TO MEMBERS OF THE NEW YORK CITY POLICE PENSION 8 FUND WHO ARE SUBJECT TO THIS ARTICLE. A MEMBER OF THE NEW YORK CITY 9 POLICE PENSION FUND WHO IS SUBJECT TO THIS ARTICLE SHALL INSTEAD BE 10 ELIGIBLE FOR ACCIDENTAL DISABILITY RETIREMENT PURSUANT TO SECTIONS 11 13-215, 13-252 AND 13-254 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW 12 YORK, AND SHALL RECEIVE A RETIREMENT ALLOWANCE WHICH SHALL CONSIST OF: 13 1. AN ANNUITY, WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF HIS OR HER 14 ACCUMULATED CONTRIBUTIONS, IF ANY, AT THE TIME OF HIS OR HER RETIRE- 15 MENT; 16 2. A PENSION WHICH IS THE ACTUARIAL EQUIVALENT OF THE RESERVE-FOR-IN- 17 CREASED-TAKE-HOME-PAY TO WHICH HE OR SHE MAY THEN BE ENTITLED, IF ANY; 18 AND 19 3. A PENSION, OF THREE-QUARTERS OF HIS OR HER FINAL AVERAGE SALARY, IN 20 ADDITION TO THE ANNUITY AND PENSION PROVIDED FOR BY PARAGRAPHS ONE AND 21 TWO OF THIS SUBDIVISION. 22 S 4. Section 510 of the retirement and social security law is amended 23 by adding a new subdivision i to read as follows: 24 I. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ARTICLE OR THE ADMIN- 25 ISTRATIVE CODE OF THE CITY OF NEW YORK, THE ANNUAL ESCALATION PROVIDED 26 IN THIS SECTION SHALL NOT APPLY TO THE ORDINARY OR ACCIDENTAL DISABILITY 27 RETIREMENT BENEFIT OF MEMBERS OF THE NEW YORK CITY POLICE PENSION FUND 28 OR MEMBERS OF THE NEW YORK FIRE DEPARTMENT PENSION FUND WHO RETIRE 29 PURSUANT TO SECTION FIVE HUNDRED SIX OR FIVE HUNDRED SEVEN OF THIS ARTI- 30 CLE. THE ORDINARY OR ACCIDENTAL DISABILITY RETIREMENT BENEFIT OF MEMBERS 31 OF THE NEW YORK FIRE DEPARTMENT PENSION FUND WHO RETIRE PURSUANT TO 32 SECTION FIVE HUNDRED SIX OR FIVE HUNDRED SEVEN OF THIS ARTICLE SHALL BE 33 ADJUSTED FOR COST-OF-LIVING PURSUANT TO THE PROVISIONS OF SECTION 13-696 34 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK. 35 S 5. Subdivision f of section 511 of the retirement and social securi- 36 ty law, as amended by chapter 18 of the laws of 2012, is amended to read 37 as follows: 38 f. This section shall not apply to general members in the uniformed 39 correction force of the New York city department of correction or to 40 uniformed personnel in institutions under the jurisdiction of the 41 department of corrections and community supervision and security hospi- 42 tal treatment assistants, as those terms are defined in subdivision i of 43 section eighty-nine of this chapter, provided, however, that the 44 provisions of this section shall apply to a New York city uniformed 45 correction/sanitation revised plan member, AND THIS SECTION SHALL ALSO 46 NOT APPLY TO MEMBERS OF THE NEW YORK CITY POLICE PENSION FUND OR THE NEW 47 YORK FIRE DEPARTMENT PENSION FUND WHO ARE SUBJECT TO THIS ARTICLE WHO 48 RETIRE ON ORDINARY OR ACCIDENTAL DISABILITY RETIREMENT PURSUANT TO 49 SECTION FIVE HUNDRED SIX OR FIVE HUNDRED SEVEN OF THIS ARTICLE. 50 S 6. Section 512 of the retirement and social security law is amended 51 by adding two new subdivisions e and f to read as follows: 52 E. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION A OF THIS SECTION, OR 53 ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, WITH RESPECT TO MEMBERS OF THE 54 NEW YORK FIRE DEPARTMENT PENSION FUND WHO RETIRE PURSUANT TO SECTIONS 55 FIVE HUNDRED SIX AND FIVE HUNDRED SEVEN OF THIS ARTICLE A MEMBER'S FINAL 56 AVERAGE SALARY SHALL MEAN THE SALARY EARNED BY SUCH MEMBER DURING THE S. 4205 92 1 ONE-YEAR PERIOD IMMEDIATELY PRIOR TO RETIREMENT, EXCLUSIVE OF ANY FORM 2 OF TERMINATION PAY (WHICH SHALL INCLUDE ANY COMPENSATION IN ANTICIPATION 3 OF RETIREMENT), OR ANY LUMP SUM PAYMENT FOR DEFERRED COMPENSATION, SICK 4 LEAVE, OR ACCUMULATED VACATION CREDIT, OR ANY OTHER PAYMENT FOR TIME NOT 5 WORKED (OTHER THAN COMPENSATION RECEIVED WHILE ON SICK LEAVE OR AUTHOR- 6 IZED LEAVE OF ABSENCE); PROVIDED, HOWEVER, IF THE SALARY OR WAGES EARNED 7 DURING THE ONE YEAR PERIOD IMMEDIATELY PRIOR TO RETIREMENT EXCEEDS THAT 8 OF THE PREVIOUS ONE-YEAR PERIOD BY MORE THAN TWENTY PER CENTUM THE 9 AMOUNT IN EXCESS OF TWENTY PER CENTUM SHALL BE EXCLUDED FROM THE COMPU- 10 TATION OF FINAL AVERAGE SALARY. IN DETERMINING FINAL AVERAGE SALARY, ANY 11 MONTH OR MONTHS (NOT IN EXCESS OF THREE) WHICH WOULD OTHERWISE BE 12 INCLUDED IN COMPUTING FINAL AVERAGE SALARY BUT DURING WHICH THE MEMBER 13 WAS ON AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY SHALL BE EXCLUDED FROM 14 THE COMPUTATION OF FINAL AVERAGE SALARY AND THE MONTH OR AN EQUAL NUMBER 15 OF MONTHS IMMEDIATELY PRECEDING SUCH PERIOD SHALL BE SUBSTITUTED IN LIEU 16 THEREOF. 17 F. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION A OF THIS SECTION, OR 18 ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, WITH RESPECT TO MEMBERS OF THE 19 NEW YORK CITY POLICE PENSION FUND WHO RETIRE PURSUANT TO SECTIONS FIVE 20 HUNDRED SIX AND FIVE HUNDRED SEVEN OF THIS ARTICLE A MEMBER'S FINAL 21 AVERAGE SALARY SHALL MEAN THE SALARY EARNED BY SUCH MEMBER DURING THE 22 ONE-YEAR PERIOD IMMEDIATELY PRIOR TO RETIREMENT, EXCLUSIVE OF ANY FORM 23 OF TERMINATION PAY (WHICH SHALL INCLUDE ANY COMPENSATION IN ANTICIPATION 24 OF RETIREMENT) OR ANY LUMP SUM PAYMENT FOR DEFERRED COMPENSATION, SICK 25 LEAVE, OR ACCUMULATED VACATION CREDIT, OR ANY OTHER PAYMENT FOR TIME NOT 26 WORKED (OTHER THAN COMPENSATION RECEIVED WHILE ON SICK LEAVE OR AUTHOR- 27 IZED LEAVE OF ABSENCE); PROVIDED, HOWEVER, IF THE SALARY OR WAGES EARNED 28 DURING THE ONE-YEAR PERIOD IMMEDIATELY PRIOR TO RETIREMENT EXCEEDS THAT 29 OF THE PREVIOUS ONE-YEAR PERIOD BY MORE THAN TWENTY PER CENTUM, THE 30 AMOUNT IN EXCESS OF TWENTY PER CENTUM SHALL BE EXCLUDED FROM THE COMPU- 31 TATION OF FINAL AVERAGE SALARY. IN DETERMINING FINAL AVERAGE SALARY, ANY 32 MONTH OR MONTHS (NOT IN EXCESS OF THREE) WHICH WOULD OTHERWISE BE 33 INCLUDED IN COMPUTING FINAL AVERAGE SALARY BUT DURING WHICH THE MEMBER 34 WAS ON AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY SHALL BE EXCLUDED FROM 35 THE COMPUTATION OF FINAL AVERAGE SALARY AND THE MONTH OR AN EQUAL NUMBER 36 OF MONTHS IMMEDIATELY PRECEDING SUCH PERIOD SHALL BE SUBSTITUTED IN LIEU 37 THEREOF. 38 S 7. The retirement and social security law is amended by adding two 39 new sections 607-i and 607-j to read as follows: 40 S 607-I. PERFORMANCE OF DUTY DISABILITY RETIREMENT FOR AMBULANCE 41 MEDICAL TECHNICIAN SUPERVISORS, AMBULANCE MEDICAL TECHNICIAN COORDINA- 42 TORS AND AMBULANCE MEDICAL TECHNICIANS IN NASSAU COUNTY. A. THE COUNTY 43 OF NASSAU SHALL MAKE THE BENEFITS PROVIDED IN THIS SECTION AVAILABLE TO 44 AMBULANCE MEDICAL TECHNICIAN SUPERVISORS, AMBULANCE MEDICAL TECHNICIAN 45 COORDINATORS AND AMBULANCE MEDICAL TECHNICIANS WHO ARE IN THE EMPLOY OF 46 NASSAU COUNTY. 47 B. A MEMBER SHALL BE ENTITLED TO RETIREMENT FOR DISABILITY INCURRED IN 48 IN THE PERFORMANCE OF DUTY IF, AT THE TIME APPLICATION THEREFOR IS 49 FILED, HE OR SHE IS: 50 1. PHYSICALLY OR MENTALLY INCAPACITATED FOR PERFORMANCE OF DUTY AS THE 51 NATURAL AND PROXIMATE RESULT OF A DISABILITY NOT CAUSED BY HIS OR HER 52 OWN WILLFUL NEGLIGENCE SUSTAINED IN SUCH SERVICE AND WHILE ACTUALLY A 53 MEMBER OF THE RETIREMENT SYSTEM; AND 54 2. ACTUALLY IN SERVICE UPON WHICH HIS OR HER MEMBERSHIP IS BASED. 55 HOWEVER, IN A CASE WHERE A MEMBER IS DISCONTINUED FROM SERVICE EITHER 56 VOLUNTARILY OR INVOLUNTARILY, SUBSEQUENT TO SUSTAINING A DISABILITY IN S. 4205 93 1 SUCH SERVICE, APPLICATION MAY BE MADE NOT LATER THAN TWO YEARS AFTER THE 2 MEMBER IS FIRST DISCONTINUED FROM SERVICE; AND PROVIDED THAT THE MEMBER 3 MEETS THE REQUIREMENTS OF SUBDIVISION A OF THIS SECTION AND THIS SUBDI- 4 VISION. 5 C. APPLICATION FOR A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOW- 6 ANCE FOR SUCH A MEMBER MAY BE MADE BY: 7 1. SUCH MEMBER; OR 8 2. THE HEAD OF THE DEPARTMENT IN WHICH SUCH MEMBER IS EMPLOYED; OR 9 3. ANY PERSON ACTING ON BEHALF OF AND AUTHORIZED BY SUCH MEMBER. 10 D. 1. AFTER THE FILING OF SUCH AN APPLICATION, SUCH MEMBER SHALL BE 11 GIVEN ONE OR MORE MEDICAL EXAMINATIONS. NO SUCH APPLICATION SHALL BE 12 APPROVED, HOWEVER, UNLESS THE MEMBER OR SOME OTHER PERSON ON HIS OR HER 13 BEHALF SHALL HAVE FILED WRITTEN NOTICE IN THE OFFICE OF THE COMPTROLLER 14 WITHIN NINETY DAYS AFTER OCCURRENCE WHICH IS THE BASIS FOR THE DISABILI- 15 TY INCURRED IN THE PERFORMANCE OF DUTY, SETTING FORTH: 16 (A) THE TIME WHEN AND THE PLACE OF SUCH OCCURRENCE; AND 17 (B) THE PARTICULARS THEREOF; AND 18 (C) THE NATURE AND EXTENT OF THE MEMBER'S INJURIES; AND 19 (D) HIS OR HER ALLEGED DISABILITY. 20 2. THE NOTICE HEREIN REQUIRED NEED NOT BE GIVEN: 21 (A) IF THE NOTICE OF SUCH ACCIDENT SHALL BE FILED IN ACCORDANCE WITH 22 THE PROVISIONS OF THE WORKERS' COMPENSATION LAW OF ANY STATE WITHIN 23 WHICH A PARTICIPATING EMPLOYER IN NASSAU COUNTY SHALL HAVE ITS EMPLOYEES 24 LOCATED OR PERFORMING FUNCTIONS AND DUTIES WITHIN THE NORMAL SCOPE OF 25 THEIR EMPLOYMENT; OR 26 (B) IF THE APPLICATION FOR ACCIDENTAL DISABILITY RETIREMENT IS FILED 27 WITHIN ONE YEAR AFTER THE DATE OF THE OCCURRENCE WHICH FORMS THE BASIS 28 FOR THE APPLICATION; OR 29 (C) IF A FAILURE TO FILE NOTICE HAS BEEN EXCUSED FOR GOOD CAUSE SHOWN 30 AS PROVIDED BY RULES AND REGULATIONS PROMULGATED BY THE COMPTROLLER. 31 E. IF THE COMPTROLLER DETERMINES THAT THE MEMBER IS PHYSICALLY OR 32 MENTALLY INCAPACITATED FOR THE PERFORMANCE OF DUTY PURSUANT TO SUBDIVI- 33 SION B OF THIS SECTION AND OUGHT TO BE RETIRED, SUCH MEMBER SHALL BE SO 34 RETIRED. SUCH RETIREMENT SHALL BE EFFECTIVE AS OF A DATE APPROVED BY THE 35 COMPTROLLER. 36 F. THE ANNUAL RETIREMENT ALLOWANCE PAYABLE UPON RETIREMENT FOR DISA- 37 BILITY INCURRED IN THE PERFORMANCE OF DUTY SHALL BE A PENSION OF 38 ONE-HALF OF HIS OR HER FINAL AVERAGE SALARY PLUS AN ANNUITY WHICH SHALL 39 BE THE ACTUARIAL EQUIVALENT OF THE MEMBER'S ACCUMULATED CONTRIBUTIONS, 40 IF ANY. 41 G. IF THE MEMBER, AT THE TIME OF THE FILING OF AN APPLICATION UNDER 42 THE PROVISIONS OF SUBDIVISION C OF THIS SECTION, IS ELIGIBLE FOR A 43 SERVICE RETIREMENT BENEFIT, THEN AND IN THAT EVENT, HE OR SHE MAY SIMUL- 44 TANEOUSLY FILE AN APPLICATION FOR SERVICE RETIREMENT IN ACCORDANCE WITH 45 THE PROVISIONS OF SECTION SEVENTY OF THIS CHAPTER, PROVIDED THAT THE 46 MEMBER INDICATES ON THE APPLICATION FOR SERVICE RETIREMENT THAT SUCH 47 APPLICATION IS FILED WITHOUT PREJUDICE TO THE APPLICATION FOR THE 48 RETIREMENT FOR DISABILITY INCURRED IN PERFORMANCE OF DUTY. 49 H. ANY BENEFIT PROVIDED PURSUANT TO THIS SECTION SHALL NOT BE CONSID- 50 ERED AS AN ACCIDENTAL DISABILITY BENEFIT WITHIN THE MEANING OF SECTION 51 SIXTY-THREE, SIXTY-FOUR, FIVE HUNDRED SEVEN-F, FIVE HUNDRED SEVEN-G, SIX 52 HUNDRED SEVEN-E, OR SIX HUNDRED SEVEN-F OF THIS CHAPTER. 53 I. ANY BENEFIT PAYABLE PURSUANT TO THE WORKERS' COMPENSATION LAW TO A 54 MEMBER RECEIVING A DISABILITY ALLOWANCE PURSUANT TO THIS SECTION SHALL 55 BE IN ADDITION TO SUCH RETIREMENT FOR DISABILITY INCURRED IN PERFORMANCE 56 OF DUTY ALLOWANCE. S. 4205 94 1 J. A FINAL DETERMINATION OF THE COMPTROLLER THAT THE MEMBER IS NOT 2 ENTITLED TO RETIREMENT BENEFITS PURSUANT TO THIS SECTION SHALL NOT IN 3 ANY RESPECT BE, OR CONSTITUTE, A DETERMINATION WITH REGARD TO BENEFITS 4 PAYABLE PURSUANT TO SECTION TWO HUNDRED SEVEN-C OF THE GENERAL MUNICIPAL 5 LAW. 6 K. NOTHING IN THIS SECTION SHALL BE DEEMED TO PRECLUDE THE SIMULTANE- 7 OUS FILING OF AN APPLICATION FOR BENEFITS PURSUANT TO ANY OTHER SECTION 8 OF LAW NOR THE CONSIDERATION OF SUCH APPLICATION BY THE RETIREMENT 9 SYSTEM, INCLUDING AN ACCIDENTAL DISABILITY BENEFIT PURSUANT TO SECTION 10 SIX HUNDRED SEVEN-E OF THIS ARTICLE. 11 S 607-J. PERFORMANCE OF DUTY DISABILITY RETIREMENT FOR CHIEF FIRE 12 MARSHALS, ASSISTANT CHIEF FIRE MARSHALS, DIVISION SUPERVISING FIRE 13 MARSHALS, SUPERVISING FIRE MARSHALS, FIRE MARSHALS AND FIRE MARSHAL 14 TRAINEES IN NASSAU COUNTY. A. THE COUNTY OF NASSAU SHALL MAKE THE BENE- 15 FITS PROVIDED IN THIS SECTION AVAILABLE TO CHIEF FIRE MARSHALS, ASSIST- 16 ANT CHIEF FIRE MARSHALS, DIVISION SUPERVISING FIRE MARSHALS, SUPERVISING 17 FIRE MARSHALS, FIRE MARSHALS AND FIRE MARSHAL TRAINEES WHO ARE IN THE 18 EMPLOY OF NASSAU COUNTY. 19 B. A MEMBER SHALL BE ENTITLED TO RETIREMENT FOR DISABILITY INCURRED IN 20 THE PERFORMANCE OF DUTY IF, AT THE TIME APPLICATION THEREFOR IS FILED, 21 HE OR SHE IS: 22 1. PHYSICALLY OR MENTALLY INCAPACITATED FOR PERFORMANCE OF DUTY AS THE 23 NATURAL AND PROXIMATE RESULT OF A DISABILITY NOT CAUSED BY HIS OR HER 24 OWN WILLFUL NEGLIGENCE SUSTAINED IN SUCH SERVICE AND WHILE ACTUALLY A 25 MEMBER OF THE RETIREMENT SYSTEM; AND 26 2. ACTUALLY IN SERVICE UPON WHICH HIS OR HER MEMBERSHIP IS BASED. 27 HOWEVER, IN A CASE WHERE A MEMBER IS DISCONTINUED FROM SERVICE, EITHER 28 VOLUNTARILY OR INVOLUNTARILY, SUBSEQUENT TO SUSTAINING A DISABILITY IN 29 SUCH SERVICE, APPLICATION MAY BE MADE NOT LATER THAN TWO YEARS AFTER THE 30 MEMBER IS FIRST DISCONTINUED FROM SERVICE; AND PROVIDED THAT THE MEMBER 31 MEETS THE REQUIREMENTS OF SUBDIVISION A OF THIS SECTION AND THIS SUBDI- 32 VISION. 33 C. APPLICATION FOR A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOW- 34 ANCE FOR SUCH A MEMBER MAY BE MADE BY: 35 1. SUCH MEMBER; OR 36 2. THE HEAD OF THE DEPARTMENT IN WHICH SUCH MEMBER IS EMPLOYED; OR 37 3. ANY PERSON ACTING ON BEHALF OF AND AUTHORIZED BY SUCH MEMBER. 38 D. 1. AFTER THE FILING OF SUCH AN APPLICATION, SUCH MEMBER SHALL BE 39 GIVEN ONE OR MORE MEDICAL EXAMINATIONS. NO SUCH APPLICATION SHALL BE 40 APPROVED, HOWEVER, UNLESS THE MEMBER OR SOME OTHER PERSON ON HIS OR HER 41 BEHALF SHALL HAVE FILED WRITTEN NOTICE IN THE OFFICE OF THE COMPTROLLER 42 WITHIN NINETY DAYS AFTER OCCURRENCE WHICH IS THE BASIS FOR THE DISABILI- 43 TY INCURRED IN THE PERFORMANCE OF DUTY, SETTING FORTH: 44 (A) THE TIME WHEN AND THE PLACE OF SUCH OCCURRENCE; AND 45 (B) THE PARTICULARS THEREOF; AND 46 (C) THE NATURE AND EXTENT OF THE MEMBER'S INJURIES; AND 47 (D) HIS OR HER ALLEGED DISABILITY. 48 2. THE NOTICE HEREIN REQUIRED NEED NOT BE GIVEN: 49 (A) IF THE NOTICE OF SUCH ACCIDENT SHALL BE FILED IN ACCORDANCE WITH 50 THE PROVISIONS OF THE WORKERS' COMPENSATION LAW OF ANY STATE WITHIN 51 WHICH A PARTICIPATING EMPLOYER IN NASSAU COUNTY SHALL HAVE ITS EMPLOYEES 52 LOCATED OR PERFORMING FUNCTIONS AND DUTIES WITHIN THE NORMAL SCOPE OF 53 THEIR EMPLOYMENT; OR 54 (B) IF THE APPLICATION FOR ACCIDENTAL DISABILITY RETIREMENT IS FILED 55 WITHIN ONE YEAR AFTER THE DATE OF THE OCCURRENCE WHICH FORMS THE BASIS 56 FOR THE APPLICATION; OR S. 4205 95 1 (C) IF A FAILURE TO FILE NOTICE HAS BEEN EXCUSED FOR GOOD CAUSE SHOWN 2 AS PROVIDED BY RULES AND REGULATIONS PROMULGATED BY THE COMPTROLLER. 3 E. IF THE COMPTROLLER DETERMINES THAT THE MEMBER IS PHYSICALLY OR 4 MENTALLY INCAPACITATED FOR THE PERFORMANCE OF DUTY PURSUANT TO SUBDIVI- 5 SION B OF THIS SECTION AND OUGHT TO BE RETIRED, SUCH MEMBER SHALL BE SO 6 RETIRED. SUCH RETIREMENT SHALL BE EFFECTIVE AS OF A DATE APPROVED BY THE 7 COMPTROLLER. 8 F. THE ANNUAL RETIREMENT ALLOWANCE PAYABLE UPON RETIREMENT FOR DISA- 9 BILITY INCURRED IN THE PERFORMANCE OF DUTY SHALL BE A PENSION OF 10 ONE-HALF OF HIS OR HER FINAL AVERAGE SALARY PLUS AN ANNUITY WHICH SHALL 11 BE THE ACTUARIAL EQUIVALENT OF THE MEMBER'S ACCUMULATED CONTRIBUTIONS, 12 IF ANY. 13 G. IF THE MEMBER, AT THE TIME OF THE FILING OF AN APPLICATION UNDER 14 THE PROVISIONS OF SUBDIVISION C OF THIS SECTION, IS ELIGIBLE FOR A 15 SERVICE RETIREMENT BENEFIT, THEN AND IN THAT EVENT, HE OR SHE MAY SIMUL- 16 TANEOUSLY FILE AN APPLICATION FOR SERVICE RETIREMENT IN ACCORDANCE WITH 17 THE PROVISIONS OF SECTION SEVENTY OF THIS CHAPTER, PROVIDED THAT THE 18 MEMBER INDICATES ON THE APPLICATION FOR SERVICE RETIREMENT THAT SUCH 19 APPLICATION IS FILED WITHOUT PREJUDICE TO THE APPLICATION FOR THE 20 RETIREMENT FOR DISABILITY INCURRED IN PERFORMANCE OF DUTY. 21 H. ANY BENEFIT PROVIDED PURSUANT TO THIS SECTION SHALL NOT BE CONSID- 22 ERED AS AN ACCIDENTAL DISABILITY BENEFIT WITHIN THE MEANING OF SECTION 23 SIXTY-THREE, SIXTY-FOUR, FIVE HUNDRED SEVEN-F, FIVE HUNDRED SEVEN-G, SIX 24 HUNDRED SEVEN-E, OR SIX HUNDRED SEVEN-F OF THIS CHAPTER. 25 I. ANY BENEFIT PAYABLE PURSUANT TO THE WORKERS' COMPENSATION LAW TO A 26 MEMBER RECEIVING A DISABILITY ALLOWANCE PURSUANT TO THIS SECTION SHALL 27 BE IN ADDITION TO SUCH RETIREMENT FOR DISABILITY INCURRED IN PERFORMANCE 28 OF DUTY ALLOWANCE. 29 J. A FINAL DETERMINATION OF THE COMPTROLLER THAT THE MEMBER IS NOT 30 ENTITLED TO RETIREMENT BENEFITS PURSUANT TO THIS SECTION SHALL NOT IN 31 ANY RESPECT BE, OR CONSTITUTE, A DETERMINATION WITH REGARD TO BENEFITS 32 PAYABLE PURSUANT TO SECTION TWO HUNDRED SEVEN-C OF THE GENERAL MUNICIPAL 33 LAW. 34 K. NOTHING IN THIS SECTION SHALL BE DEEMED TO PRECLUDE THE SIMULTANE- 35 OUS FILING OF AN APPLICATION FOR BENEFITS PURSUANT TO ANY OTHER SECTION 36 OF LAW NOR THE CONSIDERATION OF SUCH APPLICATION BY THE RETIREMENT 37 SYSTEM, INCLUDING AN ACCIDENTAL DISABILITY BENEFIT PURSUANT TO SECTION 38 SIX HUNDRED SEVEN-E OF THIS ARTICLE. 39 S 8. All costs associated with implementing the provisions of section 40 seven of this act shall be borne by Nassau County. 41 S 9. Paragraph (b) of subdivision 1 of section 13-353.1 of the admin- 42 istrative code of the city of New York is relettered paragraph (c) and a 43 new paragraph (b) is added to read as follows: 44 (B) IN ORDER TO BE ELIGIBLE FOR THE PRESUMPTION PROVIDED UNDER PARA- 45 GRAPH (A) OF THIS SUBDIVISION, A MEMBER MUST HAVE (I) SUCCESSFULLY 46 PASSED A PHYSICAL EXAMINATION FOR ENTRY INTO PUBLIC SERVICE WHICH FAILED 47 TO DISCLOSE EVIDENCE OF THE QUALIFYING CONDITION OR IMPAIRMENT OF HEALTH 48 THAT FORMED THE BASIS FOR THE DISABILITY, OR (II) AUTHORIZED RELEASE OF 49 ALL RELEVANT MEDICAL RECORDS, IF THE MEMBER DID NOT UNDERGO A PHYSICAL 50 EXAMINATION FOR ENTRY INTO PUBLIC SERVICE, AND THERE IS NO EVIDENCE OF 51 THE QUALIFYING CONDITION OR IMPAIRMENT OF HEALTH THAT FORMED THE BASIS 52 FOR THE DISABILITY IN SUCH MEDICAL RECORDS PRIOR TO SEPTEMBER 11, 2001. 53 S 10. Section 207-k of the general municipal law, as amended by chap- 54 ter 1046 of the laws of 1973, subdivision a as amended by chapter 654 of 55 the laws of 2006, is amended to read as follows: S. 4205 96 1 S 207-k. Disabilities of policemen and firemen in certain cities. a. 2 Notwithstanding the provisions of any general, special or local law or 3 administrative code to the contrary, but except for the purposes of 4 sections two hundred seven-a and two hundred seven-c of this article, 5 the workers' compensation law and the labor law, any condition of 6 impairment of health caused by diseases of the heart, or by a stroke, 7 resulting in total or partial disability or death to a paid member of 8 the uniformed force of a paid police department or fire department, 9 where such paid policemen or firemen are drawn from competitive civil 10 service lists, who successfully passed a physical examination on entry 11 into the service of such respective department, which examination failed 12 to reveal any evidence of such condition, shall be presumptive evidence 13 that it was incurred in the performance and discharge of duty, unless 14 the contrary be proved by competent evidence. 15 b. The provisions of this section shall remain in full force and 16 effect to and including the thirtieth day of June, nineteen hundred 17 seventy-four. 18 C. IN ADDITION, ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED BY 19 DISEASES OF THE HEART, OR BY A STROKE, RESULTING IN TOTAL OR PARTIAL 20 DISABILITY OR DEATH TO A MEDICAL OFFICER OF THE FIRE DEPARTMENT OF THE 21 CITY OF NEW YORK, SHALL BE PRESUMPTIVE EVIDENCE THAT IT WAS INCURRED IN 22 THE PERFORMANCE AND DISCHARGE OF DUTY, PROVIDED THAT SUCH MEDICAL OFFI- 23 CER AUTHORIZED RELEASE OF ALL RELEVANT MEDICAL RECORDS, AND THERE IS NO 24 EVIDENCE OF THE QUALIFYING CONDITION OR IMPAIRMENT OF HEALTH THAT FORMED 25 THE BASIS FOR THE DISABILITY OR DEATH IN SUCH MEDICAL RECORDS UNLESS THE 26 CONTRARY BE PROVED BY COMPETENT EVIDENCE. 27 S 11. Section 207-kk of the general municipal law, as amended by chap- 28 ter 531 of the laws of 2003, is amended to read as follows: 29 S 207-kk. Disabilities of firefighters in certain cities caused by 30 cancer. A. Notwithstanding any other provisions of this chapter to the 31 contrary, any condition of impairment of health caused by (i) any condi- 32 tion of cancer affecting the lymphatic, digestive, hematological, 33 urinary, neurological, breast, reproductive, or prostate systems or (ii) 34 melanoma resulting in total or partial disability or death to a paid 35 member of a fire department in a city with a population of one million 36 or more, who successfully passed a physical examination on entry into 37 the service of such department, which examination failed to reveal any 38 evidence of such condition, shall be presumptive evidence that it was 39 incurred in the performance and discharge of duty unless the contrary be 40 proved by competent evidence. The provisions of this section shall 41 remain in full force and effect to and including the thirtieth day of 42 June, two thousand five. 43 B. IN ADDITION, ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED BY (I) 44 ANY CONDITION OF CANCER AFFECTING THE LYMPHATIC, DIGESTIVE, HEMATOLOGI- 45 CAL, URINARY, NEUROLOGICAL, BREAST, REPRODUCTIVE, OR PROSTATE SYSTEMS OR 46 (II) MELANOMA RESULTING IN TOTAL OR PARTIAL DISABILITY OR DEATH TO A 47 MEDICAL OFFICER OF THE FIRE DEPARTMENT OF THE CITY OF NEW YORK, SHALL BE 48 PRESUMPTIVE EVIDENCE THAT IT WAS INCURRED IN THE PERFORMANCE AND 49 DISCHARGE OF DUTY, PROVIDED THAT SUCH MEDICAL OFFICER AUTHORIZED RELEASE 50 OF ALL RELEVANT MEDICAL RECORDS, AND THERE IS NO EVIDENCE OF THE QUALI- 51 FYING CONDITION OR IMPAIRMENT OF HEALTH THAT FORMED THE BASIS FOR THE 52 DISABILITY OR DEATH IN SUCH MEDICAL RECORDS UNLESS THE CONTRARY BE 53 PROVED BY COMPETENT EVIDENCE. 54 S 12. Section 207-p of the general municipal law, as added by chapter 55 641 of the laws of 1999, is amended to read as follows: S. 4205 97 1 S 207-p. Performance of duty disability retirement; police and fire 2 department. A. Notwithstanding any other provision of this chapter or 3 administrative code to the contrary, any paid member of a fire depart- 4 ment and/or a paid police department, in a city with a population of one 5 million or more who successfully passed a physical examination upon 6 entry into the service of such department who contracts HIV (where the 7 employee may have been exposed to a bodily fluid of a person under his 8 or her care or treatment, or while the employee examined, transported, 9 rescued or otherwise had contact with such person, in the performance of 10 his or her duties), tuberculosis or hepatitis, will be presumed to have 11 contracted such disease as a natural or proximate result of an acci- 12 dental injury received in the performance and discharge of his or her 13 duties and not as a result of his or her willful negligence, unless the 14 contrary be provided by competent evidence. 15 B. IN ADDITION, ANY MEDICAL OFFICER OF THE FIRE DEPARTMENT OF THE CITY 16 OF NEW YORK WHO CONTRACTS HIV (WHERE THE MEDICAL OFFICER HAS BEEN 17 EXPOSED TO A BODILY FLUID OF A PERSON UNDER HIS OR HER CARE OR TREAT- 18 MENT, OR WHILE THE MEDICAL OFFICER EXAMINED, TRANSPORTED, RESCUED OR 19 OTHERWISE HAD CONTACT WITH SUCH PERSON, IN THE PERFORMANCE OF HIS OR HER 20 DUTIES), TUBERCULOSIS OR HEPATITIS, WILL BE PRESUMED TO HAVE CONTRACTED 21 SUCH DISEASE AS A NATURAL OR PROXIMATE RESULT OF AN ACCIDENTAL INJURY 22 RECEIVED IN THE PERFORMANCE OF HIS OR HER DUTIES AND NOT AS A RESULT OF 23 HIS OR HER WILLFUL NEGLIGENCE, PROVIDED THAT SUCH MEDICAL OFFICER 24 AUTHORIZED RELEASE OF ALL RELEVANT MEDICAL RECORDS, AND THERE IS NO 25 EVIDENCE OF THE QUALIFYING CONDITION OR IMPAIRMENT OF HEALTH THAT FORMED 26 THE BASIS FOR THE DISABILITY IN SUCH MEDICAL RECORDS, UNLESS THE CONTRA- 27 RY BE PROVED BY COMPETENT EVIDENCE. 28 S 13. Section 207-q of the general municipal law, as amended by chap- 29 ter 103 of the laws of 2006, is amended to read as follows: 30 S 207-q. Firefighters; presumption in certain diseases. A. Notwith- 31 standing any provision of this chapter or of any general, special or 32 local law to the contrary, and for the purposes of this chapter, any 33 condition of impairment of health caused by diseases of the lung, 34 resulting in total or partial disability or death to a uniformed member 35 of a paid fire department, where such member successfully passed a phys- 36 ical examination on entry into such service or subsequent thereto, which 37 examination failed to reveal any evidence of such conditions, shall be 38 presumptive evidence that such disability or death (1) was caused by the 39 natural and proximate result of an accident, not caused by such fire- 40 fighter's own negligence and (2) was incurred in the performance and 41 discharge of duty, unless the contrary be proven by competent evidence. 42 The provisions of this section shall remain in full force and effect to 43 and including the thirtieth day of June, two thousand eight. 44 B. IN ADDITION, ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED BY 45 DISEASES OF THE LUNG, RESULTING IN TOTAL OR PARTIAL DISABILITY OR DEATH 46 TO A MEDICAL OFFICER OF THE FIRE DEPARTMENT OF THE CITY OF NEW YORK, 47 SHALL BE PRESUMPTIVE EVIDENCE THAT SUCH DISABILITY OR DEATH (1) WAS 48 CAUSED BY THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT, NOT CAUSED BY 49 SUCH MEDICAL OFFICER'S OWN NEGLIGENCE AND (2) WAS INCURRED IN THE 50 PERFORMANCE AND DISCHARGE OF DUTY, PROVIDED THAT SUCH MEDICAL OFFICER 51 AUTHORIZED RELEASE OF ALL RELEVANT MEDICAL RECORDS, AND THERE IS NO 52 EVIDENCE OF THE QUALIFYING CONDITION OR IMPAIRMENT OF HEALTH THAT FORMED 53 THE BASIS FOR THE DISABILITY IN SUCH MEDICAL RECORDS, UNLESS THE CONTRA- 54 RY BE PROVED BY COMPETENT EVIDENCE. 55 S 14. This act shall take effect immediately; except that sections one 56 through six and sections nine through thirteen of this act shall take S. 4205 98 1 effect on the sixtieth day after it shall have become a law; provided, 2 further, that the amendments to sections 207-k, 207-kk and 207-q of the 3 general municipal law made by sections ten, eleven and thirteen of this 4 act shall not affect the expiration of such sections, as provided in 5 section 480 of the retirement and social security law. FISCAL NOTE.-- Pursuant to Legislative Law, Section 50: BACKGROUND - DESIGN OF PROPOSED LEGISLATION * In general, the OA believes that proposed legislation should: * Be technically accurate, * Be clear in its intent, * Be administrable, and * Meet desired policy objectives. While the OA cannot provide any legal analysis, the OA has done a review of the proposed legislation and has some concerns. These concerns that follow represent the best understanding of the Actuary and staff of the OA and should not be considered legal interpretations. All of these concerns and suggestions should be reviewed by Counsel. For purposes of this letter, all members of the New York City Police Pension Fund ("POLICE") subject to Article 14 of the Retirement and Social Security Law ("RSSL") will be referred to as "Tier III POLICE Members." Of those Tier III POLICE Members who have a date of membership prior to April 1, 2012, they will be referred to as "Original Tier III POLICE Members." Of those Tier III POLICE Members who have a date of membership on or after April 1, 2012, they will be referred to as "Revised Tier III POLICE Members." CONCERNS WITH PROPOSED LEGISLATION WITH RESPECT TO ORDINARY DISABILITY RETIREMENT ("ODR") AND ACCIDENTAL DISABILITY RETIREMENT ("ADR") * Benefits Compared to Tier I and Tier II The proposed legislation, if enacted, would revise the ODR and ADR benefit formulas for Tier III POLICE Members. It appears that the proposed Tier III ODR benefit formula is intended to be the same as the ODR benefit available to Tier I and Tier II POLICE Members (i.e., 1/40 of Final Average Salary ("FAS") multiplied by the years of service, but not less than (1) one-half of FAS if the years of service are 10 or more or (2) one-third of FAS if the years of service are less than 10) where the FAS for Tier III POLICE Members would be based on a one-year FAS, the same as for Tier II and similar to the rate of pay for Tier I. Similarly, it also appears that the proposed ADR benefit formula for Tier III POLICE Members is intended to be the same as the ADR benefit available to Tier I and Tier II POLICE Members (i.e., 75% of Final Aver- age Salary ("FAS")), where the FAS for Tier III POLICE Members would be based on a one-year FAS, the same as for Tier II and similar to the rate of pay for Tier I. Note: Tier I and Tier II POLICE Members are also entitled to an addi- tional 1/60 of total earnings after their 20th anniversary. Given the proposed statutory references, it is the understanding of the Actuary that the Tier III POLICE Members impacted by the proposed legislation would not receive this additional 1/60 of total earnings after 20 years of service. POLICE Tier I and Tier II ODR and ADR benefits are subject to Cost-of- Living Adjustments ("COLA") under Chapter 125 of the Laws of 2000 on the first $18,000 of benefit after five years of Disability Retirement. Given the proposed statutory references, it is the understanding of the Actuary that the proposed ODR and ADR benefits for Tier III POLICE Members would be entitled to the COLA described in the preceding para- S. 4205 99 graph, but would NOT be subject to an annual Tier III Escalation increase on the full benefit immediately from the date of Disability Retirement. * Reference to ITHP The proposed legislation, in defining the revised ODR and ADR bene- fits, uses the term Increased-Take-Home-Pay ("ITHP"). ITHP is a special benefit provided to Tier I and Tier II members and is not defined for Tier III members. Given the history that no Tier III Members have ever received ITHP benefits, the Actuary has assumed that if the proposed legislation were enacted, Tier III POLICE Members would not be entitled to ITHP. * Annuitization of Member Contributions The proposed legislation would include in the ODR and ADR benefit formulas for Tier III POLICE Members, a benefit in the form of an annui- ty equal to the actuarial equivalent of the accumulated Tier III member contributions at retirement. Annuitized benefits based directly on member contributions are avail- able to Tier I and Tier II POLICE Members. However, it is the under- standing of the Actuary that no current Tier III Member has any benefit which is defined as an annuitization of accumulated member contrib- utions. * General Plan Design: From an administrative and design viewpoint, the Actuary would suggest that consideration be given to incorporating enhanced ODR and ADR benefit eligibilities and benefit formulas within RSSL Article 14, using only Article 14 terminology and structure to achieve the desired ODR and ADR benefit eligibilities and benefit levels. * Presumptive Conditions for ADR It is the understanding of the Actuary that the proposed legislation, if enacted, would provide Tier III POLICE Members the ability to be eligible for and to utilize the presumptive conditions that qualify for ADR that are available to Tier I and Tier II POLICE Members. The reasoning behind this understanding is that in the proposed legis- lation, eligibility conditions for Tier III POLICE members for ODR would be determined pursuant to the Administrative Code of the City of New York ("ACNY") Sections 13-216, 13-251 and 13-254 (i.e., those that apply to Tier I and Tier II POLICE Members), notwithstanding anything to the contrary. Similarly, in the proposed legislation, eligibility conditions for Tier III POLICE Members for ADR would be determined pursuant to ACNY Sections 13-216, 13-252 and 13-254 (i.e., those that apply to Tier I and Tier II POLICE Members), notwithstanding anything to the contrary. It is the understanding of the Actuary that in the proposed legis- lation, eligibility for ODR and ADR would not be pursuant to RSSL Section 507.e. RSSL Section 507.e provides that a member shall not be eligible for ODR or ADR unless the member waives the benefits of any statutory presumptions. Accordingly, it is the understanding of the Actuary that since under the proposed legislation RSSL Section 507.e would no longer apply to Tier III POLICE Members, Tier III POLICE Members would not be required to waive RSSL Section 507.e in order to be eligible for ODR or ADR benefits. Consequently, the statutory presump- tions would apply since that have not been waived. In accordance with the above reasoning, since current Tier III POLICE Members are required to waive the presumptions pursuant to RSSL Section 507.e, it is the understanding of the Actuary that Tier III POLICE Members are currently not entitled to presumptive conditions for ADR. S. 4205 100 * Consistency Amongst Uniformed Groups This proposed legislation would cover members of POLICE but not members of the New York Fire Department Pension Fund ("FIRE") or any other uniformed groups. Given the historical consistency in benefits amongst certain uniformed groups, this proposed legislation would likely lead to demands for similar legislation for at least some other uniformed groups. PROVISIONS OF PROPOSED LEGISLATION: This proposed legislation would amend Retirement and Social Security Law ("RSSL") Sections 506, 507, 510, 511 and 512 and amend Administrative Code of the City of New York ("ACNY") Section 13-254 to change, for members of the New York City Police Pension Fund ("POLICE") subject to Article 14 of the RSSL, the eligibility for and the calculation of Ordinary Disability Retirement ("ODR") benefits and Accidental Disability Retirement ("ADR") benefits. For purposes of this Fiscal Note, all POLICE members subject to Arti- cle 14 of the RSSL will be referred to as "Tier III POLICE Members." Of those Tier III POLICE Members who have a date of membership prior to April 1, 2012, they will be referred to as "Original Tier III POLICE Members." Of those Tier III POLICE Members who have a date of membership on or after April 1, 2012, they will be referred to as "Revised Tier III POLICE Members." The Effective Date of the proposed legislation would be the 60th day after the date of enactment. IMPACT ON ODR BENEFITS PAYABLE: The current eligibility provisions for ODR benefits for Tier III POLICE Members are based on: * Completing five or more years of service, and * Becoming eligible for Primary Social Security Disability retirement benefits. Such ODR benefits are equal to the greater of: * 33 1/3% of Three-Year Final Average Salary ("FAS3") for Original Tier III POLICE Members or Five-Year Final Average Salary ("FAS5") for Revised Tier III POLICE Members, or * 2% of FAS3 (FAS5 For Revised Tier III POLICE Members) multiplied by years of credited service (not in excess of 22 years), * Reduced by 50% of the Primary Social Security Disability benefits (determined under RSSL Section 511), and * Reduced by 100% of Workers' Compensation benefits (if any). It is the understanding of the Actuary that POLICE Members are not covered by Workers' Compensation. Under the proposed legislation the eligibility requirements for ODR benefits for the Tier III POLICE Members would be revised to be the same as those provided in ACNY Sections 13-216, 13-251 and 13-254 (i.e., the provisions applicable to Tier I and Tier II POLICE members). In particular, completing five or more years of service would not be required in order to be eligible for ODR benefits. In other words, there would not any requirement for any minimum length of service to be completed in order to be eligible for ODR benefits. Under the proposed legislation, if enacted, the ODR benefit for Tier III POLICE Members would be an allowance consisting of: * An actuarial equivalent annuity of accumulated member contributions, plus * A pension, which together with the annuity, equal to 1/40 of One- Year Final Average Salary ("FAS1") multiplied by years of credited service, but not less than: * 1/2 of FAS1, if years of credited service are greater than or equal to 10 years, or S. 4205 101 * 1/3 of FAS1, if years of credited service are less than 10 year. Note: The proposed legislation also states that one component of the ODR benefit would be the actuarial equivalent annuity of an Increased- Take-Home-Pay ("ITHP") reserve. This theoretical benefit is not included in this Fiscal Note analysis since it is the understanding of the Actu- ary that ITHP is not available to Tier III members generally and is not specifically defined in the proposed legislation. In addition, the proposed legislation would NOT apply the Escalation available under RSSL Section 510 to ODR benefits for Tier III POLICE Members. However, such ODR benefits would still be eligible for Cost-of- Living Adjustments ("COLA") under Chapter 125 of the Laws of 2000. IMPACT ON ADR BENEFITS PAYABLE: The current eligibility provisions for ADR benefits for Tier III POLICE Members are based on satisfying either: * Being eligible for Social Security Disability retirement benefits and having become disabled due to an accident sustained in the line of duty, or * Being physically or mentally incapacitated as a result of an acci- dent sustained in the line of duty as determined by the appropriate administrative authority assigned by POLICE. As a consequence of RSSL Section 507.e, a Tier III POLICE Member would not be eligible for ADR unless the member waived the benefits of any statutory presumptions (e.g., certain heart diseases). Such ADR benefits are calculated using a formula of 50% multiplied by FAS3 for Original Tier III POLICE Members or FAS5 for Revised Tier III POLICE Members less 50% of Primary Social Security disability benefit (determined under RSSL Section 511) and less 100% of Worker's Compen- sation benefits (if any). Note: It is the understanding of the Actuary that POLICE Members are not covered by Worker's Compensation. Under the proposed legislation the eligibility requirements for ADR benefits for Tier III POLICE Members would be revised to be the same as those provided in ACNY Sections 13-216, 13-252 and 13-254 (i.e., the provisions applicable to Tier I and Tier II POLICE Members). In addition, it is the understanding of the Actuary that the proposed legislation, if enacted, would provide Tier III POLICE Members the abil- ity to be eligible for and to utilize the statutory presumptions (e.g., certain heart diseases) that qualify certain Tier I and Tier II POLICE Members for ADR. Under the proposed legislation, if enacted, the ADR benefit for Tier III POLICE Members would be revised to equal a retirement allowance equal to the sum of: * An actuarial equivalent annuity of accumulated member contributions, plus * 75% multiplied by FAS1. Note: The proposed legislation also states that one component of the ADR benefit would be the actuarial equivalent annuity of the Increased- Take-Home-Pay ("ITHP") reserve. This theoretical benefit is not included in this Fiscal Note analysis since it is the understanding of the Actu- ary that ITHP is not available to Tier III members generally and is not specifically defined in the proposed legislation. Also note, it is the understanding of the Actuary that the Tier III POLICE Members impacted by the proposed legislation would not receive any additional 1/60 of annual earnings after 20 years of service. In addition, the proposed legislation would NOT apply the Escalation available under RSSL Section 510 to ADR benefits for Tier III POLICE S. 4205 102 Members. However, such ADR benefits would still be eligible for Cost-of- Living Adjustments ("COLA") under Chapter 125 of the Laws of 2000. FINANCIAL IMPACT - CHANGES IN BENEFITS - ACTUARIAL PRESENT VALUES. Based on the census data and the actuarial assumptions and methods noted herein, if the Effective Date is on or before June 30, 2015, then this would change the Actuarial Present Value ("APV") of benefits ("APVB"), APV of member contributions, the Unfunded Actuarial Accrued Liability ("UAAL") and APV of future employer contributions as of June 30, 2013 for Tier III POLICE Members. FINANCIAL IMPACT - CHANGES IN PROJECTED APV OF FUTURE EMPLOYER CONTRIBUTIONS AND PROJECTED EMPLOYER CONTRIBUTIONS: For purposes of this Fiscal Note, it is assumed that the changes in APVB, APV of member contributions, UAAL and APV of future employer contributions would be reflected for the first time in the June 30, 2013 actuarial valuation of POLICE. Under the One-Year Lag Methodology ("OYLM"), the first year that changes in benefits for Tier III POLICE Members could impact employer contributions to POLICE would be Fiscal Year 2015. In accordance with ACNY Section 13.638.2(k-2), new UAAL attributable to benefit changes are to be amortized as determined by the Actuary but generally over the remaining working lifetime of those impacted by the benefit changes. As of June 30, 2013, the remaining working lifetime of the Tier III POLICE Members is approximately 18 years. Recognizing that this period will decrease over time as the group of Tier III Members matures, the Actuary would likely choose to amortize the new UAAL attributable to this proposed legislation over a 15-year period (14 payments under the OYLM Methodology). The following Table one presents an estimate of the increases due to the changes in ODR and ADR provisions for Tier III POLICE Members in the APV of future employer contributions and in employer contributions to POLICE for Fiscal Years 2015 through 2019 that would occur based on the applicable actuarial assumptions and methods noted herein: Table 1 Estimated Financial Impact on POLICE If Certain Revisions are Made to Provisions for ODR and ADR Benefits for Tier III POLICE Members* ($ Millions) Increase in APV of Increase in Employer Fiscal Year Future Employer Contributions Contributions 2015 $272.3 $35.7 2016 378.7 47.2 2017 469.6 56.9 2018 552.8 65.5 2019 622.9 72.2 * Based on actuarial assumptions and methods set forth in the Actuarial Assumptions and Method Section. Also, based on the projection assump- tions as described herein. ODR and ADR benefits are NOT subject to Tier III Escalation (RSSL Section 510). S. 4205 103 The estimated increases in employer contributions shown in Table 1 are based upon the following projection assumptions: * Level workforce (i.e., new employees are hired to replace those who leave active status). * Projected salary increases consistent with those used in projections presented to the New York City Office of Management and Budget ("NYCOMB") for use in the January 2015 Financial Plan ("Updated Prelimi- nary Projections"). * New entrant salaries consistent with those used in the Updated Preliminary Projections. These "open group" projections include future new entrants introduced into the census data models to project the future workforces. As of each future actuarial valuation date, the current "closed group" actuarial assumptions and valuation methodology are used. Under this methodology only Plan participants as of each actuarial valuation date are utilized to determine APVs, employer costs and employer contributions. FINANCIAL IMPACT - EMPLOYER ENTRY AGE NORMAL COSTS: Employer Entry Age Normal Costs can provide a useful basis to compare the value of alterna- tive benefit programs. For each member who enters POLICE, there is a theoretical net annual employer cost to be paid for such member while such member remains actively employed (i.e., the Employer Entry Age Normal Cost (referred to hereafter as "EEANC")). In addition, such EEANC may be expressed as a percentage of salary earned over a working lifetime and referred to as the Employer Entry Age Normal Rate (referred to hereafter as "EEANR"). Under the proposed legislation and based on the actuarial assumptions noted herein, the EEANC and EEANR of Tier III POLICE Members would be greater than the EEANC and EEANR for comparable Tier III POLICE Members entering at the same attained age and gender under the current POLICE provisions. Table 2A shows a summary of the change in EEANC for Original Tier III POLICE Members for entry ages 25, 30 and 35 determined as of the most recent date of published EEANR calculations: Table 2A Comparison of Employer Entry Age Normal Rates Determined as of June 30, 2012* To Implement Certain ODR and ADR Provisions for Original Tier III POLICE Members Under Proposed Legislation and Under Current Law EEANR Under Proposed Legislation** Entry Age 25 Entry Age 30 Entry Age 35 Retirement System Male Female Male Female Male Female POLICE 23.91% 24.74% 25.15% 26.14% 27.27% 28.46% EEANR Under Current Law S. 4205 104 POLICE 20.92% 21.75% 20.73% 21.71% 20.50% 21.63% Increase in EEANR Due to Proposed Legislation POLICE 2.99% 2.99% 4.42% 4.43% 6.77% 6.83% * Based on salaries paid over entire working lifetime. EEANR do not vary significantly over time, absent benefit and/or actuarial assumption changes. ** EEANR determined under the terms of the revised ODR and ADR benefit provisions based on the Actuarial Assumptions and Methods as noted here- in including changes in assumptions for ADR. ODR and ADR benefits are NOT subject to Tier III Escalation (RSSL Section 510). Table 2B shows a summary of the change in EEANC for Revised Tier III POLICE Members for entry ages 25, 30 and 35 determined as of the most recent date of published EEANR calculations: Table 2B Comparison of Employer Entry Age Normal Rates Determined as of June 30, 2012* To Implement Certain ODR and ADR Provisions for Revised Tier III POLICE Members Under Proposed Legislation and Under Current Law EEANR Under Proposed Legislation** Entry Age 25 Entry Age 30 Entry Age 35 Retirement System Male Female Male Female Male Female POLICE 23.36% 24.17% 24.68% 25.64% 26.90% 28.07% EEANR Under Current Law POLICE 19.91% 20.71% 19.66% 20.59% 19.38% 20.46% Increase in EEANR Due to Proposed Legislation POLICE 3.45% 3.46% 5.02% 5.05% 7.52% 7.61% * Based on salaries paid over entire working lifetime. EEANR do not vary significantly over time, absent benefit and/or actuarial assumption changes. ** EEANR determined under the terms of the revised ODR and ADR benefit provisions based on the Actuarial Assumptions and Methods as noted here- in including changes in assumptions for ADR, ODR and ADR benefits are NOT subject to Tier III Escalation (RSSL Section 510). OTHER COSTS: Not measured in this Fiscal Note are the following: * The initial, additional administrative costs of POLICE and other New York City agencies to implement the proposed legislation. S. 4205 105 * The potential impact if this proposed legislation were to be extended to other public safety employees (e.g., firefighters). * The impact of this proposed legislation on Other Postemployment Benefit ("OPEB") costs. CENSUS DATA: The starting census data used for the calculations presented herein are the census data used in the Updated Preliminary June 30, 2013 (Lag) actuarial valuation of POLICE used under the OYLM to determine the Updated Preliminary Fiscal Year 2015 employer contrib- utions. The census data used for the estimates of additional employer contrib- utions presented herein are based on average salaries of new entrants utilized in the Updated Preliminary June 30, 2013 (Lag) actuarial valu- ations used to determine Updated Preliminary Fiscal Year 2015 employer contributions of POLICE. The 3,601 Original Tier III POLICE Members as of June 30, 2013 had an average age of approximately 28, average service of approximately 2.2 years and an average salary of approximately $63,000. The 1,916 Revised Tier III POLICE Members as of June 30, 2013 had an average age of approximately 27, average service of approximately 0.6 years and an average salary of approximately $55,000. Overall, the 5,517 Tier III POLICE Members as of June 30, 2013 had an average age of approximately 28, average service of approximately 1.7 years, and an average salary of approximately $60,000. ACTUARIAL ASSUMPTIONS AND METHODS: The additional employer contrib- utions presented herein have been calculated based on the actuarial assumptions and methods in effect for the June 30, 2013 (Lag) actuarial valuations used to determine Updated Preliminary Fiscal Year 2015 employer contributions of POLICE and adjusted for revised ADR eligibil- ity provisions. The probabilities of accidental disability used for Tier III POLICE Members in the event statutory presumptions were to apply equal those currently used for Tier I and Tier II POLICE Members. The actuarial valuation methodology does not include a calculation of the value of an offset for Workers' Compensation benefits as it is the understanding of the Actuary that POLICE Members are not covered by such benefits. To the extent that the enactment of this proposed legislation would cause a greater (lesser) number of Tier III POLICE Members to be reclas- sified from Ordinary Disability to Accidental Disability Retirement, or to the extent that Tier III POLICE Members who would not otherwise ever choose to apply and then receive an Ordinary Disability Retirement bene- fit or an Accidental Disability Retirement benefit, then the additional APVB and employer contributions shown herein would be greater (lesser). Employer contributions under current methodology have been estimated assuming the additional APVB would be financed through future normal contributions including an amortization of the new UAAL attributable to this proposed legislation over a 15-year period (14 payments under the OYLM Methodology). New entrants into Tier III POLICE Members were projected to replace the POLICE members expected to leave the active population to maintain a steady-state population. The following Table 3 presents the total number of active employees of POLICE used in the projections, assuming a level work force, and the cumulative number (i.e., net of withdrawals) of Revised Tier III Members as of each June 30 from 2013 through 2017. S. 4205 106 Table 3 Surviving Actives from Census on June 30, 2013 and Cumulative New Revised Tier III POLICE Members from 2013 Used in the Projections* Original Revised June 30 Tier I&II Tier III Tier III Total 2013 29,258 3,601 1,916 34,775 2014 26,784 3,500 4,491 34,775 2015 24,565 3,406 6,804 34,775 2016 22,571 3,314 8,890 34,775 2017 20,937 3,225 10,613 34,775 * Total active members included in the projections assume a level work force based on the June 30, 2013 (Lag) actuarial valuation census data. Assumes presumptions apply to Tier III POLICE members. For purposes of estimating the impact of the Tier III Escalation for retired Tier III POLICE Members, consistent with an underlying Consumer Price Inflation ("CPI") assumption of 2.5% per year, Tier III Escalation of 2.5% per year has been assumed. This compares with the current Chapter 125 of the Laws of 2000 COLA assumption of 1.5% per year (i.e., 50% of CPI adjusted to recognize 1.0% minimum and 3.0% maximum) on the first $18,000 of benefit. For Variable Supplements Fund ("VSF") benefits, it has been assumed that retroactive lump sum payments of VSF ("DROP payments") would be payable from the completion of 20 years of service. ECONOMIC VALUES OF BENEFITS: The actuarial assumptions used to deter- mine the financial impact of the proposed legislation discussed in this Fiscal Note are those appropriate for budgetary models and determining annual employer contributions to POLICE. However, the economic assumptions (current and proposed) that are used for determining employer contributions do not develop risk-adjusted, economic values of benefits. Such risk-adjusted, economic values of benefits would likely differ significantly from those developed by the budgetary models. STATEMENT OF ACTUARIAL OPINION: I, Robert C. North, Jr., am the Acting Chief Actuary for the New York City Retirement Systems. I am a Fellow of the Society of Actuaries and a Member of the American Academy of Actuar- ies. I meet the Qualification Standards of the American Academy of Actu- aries to render the actuarial opinion contained herein. FISCAL NOTE IDENTIFICATION: This estimate is intended for use only during the 2015 Legislative Session. It is Fiscal Note 2015-02, dated January 30, 2015 prepared by the Acting Chief Actuary of the New York City Retirement Systems. FISCAL NOTE.-- Pursuant to Legislative Law, Section 50: In response to your request received by the Office of the Actuary ("OA") on January 15, 2015, enclosed is a Fiscal Note presenting the estimated financial impact if proposed legislation similar to A9975/S7736 which was introduced during the 2014 Legislative Session is enacted into law during the 2015 Legislative Session. BACKGROUND - DESIGN OF PROPOSED LEGISLATION In general, the OA believes that proposed legislation should: * Be technically accurate, * Be clear in its intent, * Be administrable, and S. 4205 107 * Meet desired policy objectives. While the OA cannot provide any legal analysis, the OA has done a review of the proposed legislation and has some concerns. These concerns that follow represent the best understanding of the Actuary and staff of the OA and should not be considered legal interpretations. All of these concerns and suggestions should be reviewed by Counsel. Unless otherwise noted, for purposes of this letter the term Tier III FIRE Members refers to members of the New York Fire Department Pension Fund ("FIRE") who have a date of membership on or after April 1, 2012 and the one Tier III member of FIRE who has a date of membership on or after July 1, 2009 and prior to April 1, 2012. CONCERNS WITH PROPOSED LEGISLATION WITH RESPECT TO ORDINARY DISABILI- TY RETIREMENT ("ODR") AND ACCIDENTAL DISABILITY RETIREMENT ("ADR") * Benefits Compared to Tier II: The proposed legislation, if enacted, would revise the ODR and ADR benefit formulas for Tier III FIRE Members. It appears that the proposed Tier III ODR benefit formula is intended to be the same as the ODR benefit available to Tier II FIRE Members (i.e., 1/40 of Final Average Salary ("FAS") multiplied by the years of service, but not less than (1) one-half of FAS if the years of service are 10 or more or (2) one-third of FAS if the years of service are less than 10) where the FAS for Tier III FIRE Members would be based on a one-year FAS, the same as for Tier II. Similarly, it also appears that the proposed ADR benefit formula for Tier III FIRE Members is intended to be the same as the ADR benefit available to Tier II FIRE Members (i.e., 75% of Final Average Salary ("FAS")), where the FAS for Tier III FIRE Members would be based on a one-year FAS, the same as for Tier II. Note: Tier II FIRE Members are also entitled to an additional 1/60 of total earnings after their 20th anniversary. Given the proposed statuto- ry references it is the understanding of the Actuary that the Tier III FIRE Members impacted by the proposed legislation would not receive this additional 1/60 of total earnings after 20 years of service. FIRE Tier II ODR and ADR benefits are subject to Cost-of-Living Adjustments ("COLA") under Chapter 125 of the Laws of 2000 on the first $18,000 of benefit after five years of Disability Retirement. Given the proposed statutory references, it is the understanding of the Actuary that the proposed ODR and ADR benefits for Tier III FIRE Members would be entitled to the COLA described in the preceding para- graph, but would NOT be subject to an annual Tier III Escalation increase on the full benefit immediately from the date of Disability Retirement. * Reference to ITHP: The proposed legislation, in defining the revised ODR and ADR benefits, uses the term Increased-Take-Home-Pay ("ITHP"). ITHP is a special benefit provided to Tier I and Tier II members and is not defined for Tier III members. Given the history that no Tier III Members have ever received ITHP benefits, the Actuary has assumed that if the proposed legislation were enacted, Tier III FIRE Members would not be entitled to ITHP. * Annuitization of Member Contributions: The proposed legislation would include in the ODR and ADR benefit formulas for Tier III FIRE Members, a benefit in the form of an annuity equal to the actuarial equivalent of the accumulated Tier III member contributions at retire- ment. Annuitized benefits based directly on member contributions are avail- able to Tier II FIRE Members. However, it is the understanding of the S. 4205 108 Actuary that no current Tier III Member has any benefit which is defined as an annuitization of accumulated member contributions. * General Plan Design: From an administrative and design viewpoint, the Actuary would suggest that consideration be given to incorporating enhanced ODR and ADR benefit eligibilities and benefit formulas within Retirement and Social Security Law ("RSSL") Article 14, using only Arti- cle 14 terminology and structure to achieve the desired ODR and ADR benefit eligibilities and benefit levels. * Name: The official name of the Pension Fund is the New York Fire Department Pension Fund. * Presumptive Conditions for ADR It is the understanding of the Actuary that the proposed legislation, if enacted, would provide Tier III FIRE Members the ability to be eligi- ble for and to utilize the presumptive conditions that qualify for ADR that are available to Tier I and Tier II FIRE Members. The reasoning behind this understanding is that in the proposed legis- lation eligibility conditions for Tier III FIRE members for ODR would be determined pursuant to the Administrative Code of the City of New York ("ACNY") Sections 13-316, 13-352 and 13-357 (i.e., those that apply to Tier I and Tier II FIRE Members), notwithstanding anything to the contrary. Similarly, in the proposed legislation, eligibility conditions for Tier III FIRE Members for ADR would be determined pursuant to the ACNY Sections 13-316, 13-353 and 13-357 (i.e., those that apply to Tier I and Tier II FIRE Members), notwithstanding anything to the contrary. It is the understanding of the Actuary that in the proposed legis- lation, eligibility for ODR and ADR would not be pursuant to RSSL Section 507.e. RSSL Section 507.e provides that a member shall not be eligible for ODR or ADR unless the member waives the benefits of any statutory presumptions. Accordingly, it is the understanding of the Actuary that since under the proposed legislation RSSL Section 507.e would no longer apply to Tier III FIRE Members, Tier III FIRE Members would not be required to waive RSSL Section 507.e in order to be eligi- ble for ODR or ADR benefits. Consequently, the statutory presumptions would apply since they have not been waived. In accordance with the above reasoning, since current Tier III FIRE Members are required to waive the presumptions pursuant to RSSL Section 507.e, it is the understanding of the Actuary that Tier III FIRE Members are currently not entitled to presumptive conditions for ADR. * Consistency Amongst Uniformed Groups This proposed legislation would cover members of FIRE but not members of the New York City Police Pension Fund ("POLICE") or any other uniformed groups. Given the historical consistency in benefits amongst certain uniformed groups, this proposed legislation would likely lead to demands for similar legislation for at least some other uniformed groups. PROVISIONS OF PROPOSED LEGISLATION: This proposed legislation would amend Retirement and Social Security Law ("RSSL") Sections 506, 507, 510, 511 and 512 and amend Administrative Code of the City of New York ("ACNY") Section 13-357 to change, for members of the New York Fire Department Pension Fund ("FIRE") subject to Article 14 of the RSSL, the eligibility for and the calculation of Ordinary Disability Retirement ("ODR") benefits and Accidental Disability Retirement ("ADR") benefits. Unless otherwise noted, for purposes of this Fiscal Note the term Tier III FIRE members refers to members of the New York Fire Department Pension Fund ("FIRE") who have a date of membership on or after July 1, S. 4205 109 2009. Note: Although referred to herein as Tier III members, it should be noted that members who join FIRE on or after April 1, 2012 are often referred to as Tier VI members or Revised Tier III members. Also Note: There is only one Tier III member of FIRE who has a date of membership on or after July 1, 2009 and prior to April 1, 2012. The Effective Date of the proposed legislation would be the 60th day after the date of enactment. IMPACT ON ODR BENEFITS PAYABLE: The current eligibility provisions for ODR benefits for Tier III FIRE Members are based on: * Completing five or more years of service, and * Becoming eligible for Primary Social Security Disability retirement benefits. Such ODR benefits are equal to the greater of: * 33 1/3% of Five-Year Final Average Salary ("FAS"), or * 2% of FAS multiplied by years of credited service (not in excess of 22 years), * Reduced by 50% of the Primary Social Security Disability benefits (determined under RSSL Section 511), and * Reduced by 100% of Workers' Compensation benefits (if any). It is the understanding of the Actuary that FIRE Members are not covered by Workers' Compensation. Under the proposed legislation the eligibility requirements for ODR benefits for Tier III FIRE Members would be revised to be the same as those provided in ACNY Sections 13-316, 13-352 and 13-357 (i.e., the provisions applicable to Tier I and Tier II FIRE members). In particular, completing five or more years of service would not be required in order to be eligible for ODR benefits. In other words, there would not be any requirement for any minimum length of service to be completed in order to be eligible for ODR benefits. Under the proposed legislation, if enacted, the ODR benefit for Tier III FIRE Members would be an allowance consisting of: * An actuarial equivalent annuity of accumulated member contributions, plus * A pension, which together with the annuity, equal to 1/40 of One- Year Final Average Salary ("FAS1") multiplied by years of credited service, but not less than: ** 1/2 of FAS1, if years of credited service are greater than or equal to 10 years, or ** 1/3 of FAS1, if years of credited service are less than 10 years. Note: The proposed legislation also states that one component of the ODR benefit would be the actuarial equivalent annuity of an Increased- Take-Home-Pay ("ITHP") reserve. This theoretical benefit is not included in this Fiscal Note analysis since it is the understanding of the Actu- ary that ITHP is not available to Tier III members generally and is not specifically defined in the proposed legislation. In addition, the proposed legislation would NOT apply the Escalation available under RSSL Section 510 to ODR benefits for Tier III FIRE Members. However, such ODR benefits would still be eligible for Cost-of- Living Adjustments ("COLA") under Chapter 125 of the Laws of 2000. IMPACT ON ADR BENEFITS PAYABLE: The current eligibility provisions for ADR benefits for Tier III FIRE Members are based on satisfying either: * Being eligible for Social Security Disability retirement benefits and having become disabled due to an accident sustained in the line of duty, or S. 4205 110 * Being physically or mentally incapacitated as a result of an acci- dent sustained in the line of duty as determined by the appropriate administrative authority assigned by FIRE. As a consequence of RSSL Section 507.e, a Tier III FIRE Member would not be eligible for ADR unless the member waived the benefits of any statutory presumptions (e.g., certain heart diseases). Such ADR benefits are calculated using a formula of 50% multiplied by FAS less 50% of Primary Social Security disability benefit (determined under RSSL Section 511) and less 100% of Workers' Compensation benefits (if any). Note: It is the understanding of the Actuary that FIRE Members are not covered by Workers' Compensation. Under the proposed legislation the eligibility requirements for ADR benefits for Tier III FIRE Members would be revised to be the same as those provided in ACNY Sections 13-316, 13-353 and 13-357 (i.e., the provisions applicable to Tier I and Tier II FIRE Members). In addition, it is the understanding of the Actuary that the proposed legislation, if enacted, would provide that Tier III FIRE Members could be eligible for and utilize the statutory presumptions (e.g., certain heart diseases) that qualify certain Tier I and Tier II Fire Members for ADR. Under the proposed legislation, if enacted, the ADR benefit for Tier III FIRE Members would be revised to equal a retirement allowance equal to the sum of: * An actuarial equivalent annuity of accumulated member contributions, plus * 75% multiplied by FAS1. Note: The proposed legislation also states that one component of the ADR benefit would be the actuarial equivalent annuity of an Increased- Take-Home-Pay ("ITHP") reserve. This theoretical benefit is not included in this Fiscal Note analysis since it is the understanding of the Actu- ary that ITHP is not available to Tier III members generally and is not specifically defined in the proposed legislation. Also note, it is the understanding of the Actuary that the Tier III FIRE Members impacted by the proposed legislation would not receive any additional 1/60 of annual earnings after 20 years of service. In addition, the proposed legislation would NOT apply the Escalation available under RSSL Section 510 to ADR benefits for Tier III FIRE Members. However, such ADR benefits would still be eligible for Cost-of- Living Adjustments ("COLA") under Chapter 125 of the Laws of 2000. FINANCIAL IMPACT - CHANGES IN BENEFITS - ACTUARIAL PRESENT VALUES. Based on the census data and the actuarial assumptions and methods noted herein, if the Effective Date is on or before June 30, 2015, then this would change the Actuarial Present Value ("APV") of benefits ("APVB"), APV of member contributions, the Unfunded Actuarial Accrued Liability ("UAAL") and APV of future employer contributions as of June 30, 2013 for Tier III FIRE Members. FINANCIAL IMPACT - CHANGES IN PROJECTED APV OF FUTURE EMPLOYER CONTRIBUTIONS AND PROJECTED EMPLOYER CONTRIBUTIONS: For purposes of this Fiscal Note, it is assumed that the changes in APVB, APV of member contributions, UAAL and APV of future employer contributions would be reflected for the first time in the June 30, 2013 actuarial valuation of FIRE. Under the One-Year Lag Methodology ("OYLM"), the first year that changes in benefits for Tier III FIRE Members could impact employer contributions to FIRE would be Fiscal Year 2015. S. 4205 111 In accordance with ACNY Section 13.638.2(k-2), new UAAL attributable to benefit changes are to be amortized as determined by the Actuary but generally over the remaining working lifetime of those impacted by the benefit changes. As of June 30, 2013, the remaining working lifetime of the Tier III FIRE Members is approximately 24 years. Recognizing that this period will decrease over time as the group of Tier III Members matures, the Actuary would likely choose to amortize the new UAAL attributable to this proposed legislation over a 15-year to 20-year period (between 14 and 19 payments under the OYLM Methodology). However, since virtually all of the Tier III FIRE members that would be impacted by the benefit changes are new entrants, the resulting UAAL would be de minimis and therefore the amortization period used for the UAAL has very little impact on the final results. The following Table 1 presents an estimate of the increases due to the changes in ODR and ADR provisions for Tier III FIRE Members in the APV of future employer contributions and in employer contributions to FIRE for Fiscal Years 2015 through 2019 that would occur based on the appli- cable actuarial assumptions and methods noted herein: Table 1 Estimated Financial Impact on FIRE If Certain Revisions are Made to Provisions for ODR and ADR Benefits for Tier III FIRE Members* ($ Millions) Increase in APV of Increase in Employer Fiscal Year Future Employer Contributions Contributions 2015 $15.7 $1.9 2016 67.7 8.0 2017 119.6 13.4 2018 172.7 18.3 2019 227.0 23.0 * Based on actuarial assumptions and methods set forth in the Actuarial Assumptions and Method section. Also, based on the projection assumptions as described herein. ODR and ADR benefits are NOT subject to Tier III Escalation (RSSL Section 510). The estimated increases in employer contributions shown in Table 1 are based upon the following projection assumptions: * Level workforce (i.e., new employees are hired to replace those who leave active status). * Projected salary increases consistent with those used in projections presented to the New York City Office of Management and Budget ("NYCOMB") for use in the January 2015 Financial Plan ("Preliminary Projections"). * New entrant salaries consistent with those used in the Updated Preliminary Projections. These "open group" projections include future new entrants introduced into the census data models to project the future workforces. As of each future actuarial valuation date, the current "closed group" actuarial assumptions and valuation methodology are used. S. 4205 112 Under this methodology only Plan participants as of each actuarial valuation date are utilized to determine APVs, employer costs and employer contributions. FINANCIAL IMPACT - EMPLOYER ENTRY AGE NORMAL COSTS: Employer Entry Age Normal Costs can provide a useful basis to compare the value of alterna- tive benefit programs. For each member who enters FIRE, there is a theoretical net annual employer cost to be paid for such member while such member remains actively employed (i.e., the Employer Entry Age Normal Cost ("EEANC")). In addition, such EEANC may be expressed as a percentage of salary earned over a working lifetime and referred to as the Employer Entry Age Normal Rate ("EEANR"). Under the proposed legislation and based on the actuarial assumptions noted herein, the EEANC and EEANR of Tier III Fire Members would be greater than the EEANC and EEANR for comparable Tier III FIRE Members entering at the same attained age and gender under the current FIRE provisions. Table 2 shows a summary of the change in EEANR for Tier III FIRE Members who have a date of membership on or after April 1, 2012 for entry ages 25, 30 and 35 with a starting salary of $45,000, determined as of the most recent date of published EEANR calculations: Table 2 Comparison of Employer Entry Age Normal Rates Determined as of June 30, 2012* To Implement Certain ODR and ADR Provisions for Tier III FIRE Members with a Membership Date on or After April 1, 2012 Under Proposed Legislation and Under Current Law EEANR Under Proposed Legislation** Entry Age 25 Entry Age 30 Entry Age 35 Retirement System Male Female Male Female Male Female FIRE 21.92% 22.50% 27.31% 28.01% 34.55% 35.31% EEANR Under Current Law FIRE 15.94% 16.51% 18.99% 19.68% 21.78% 22.51% Increase In EEANR Due to Proposed Legislation FIRE 5.98% 5.99% 8.32% 8.33% 12.77% 12.80% * Based on salaries paid over entire working lifetime. EEANR do not var significantly over time, absent benefit and/or actuarial assumption changes. ** EEANR determined under the terms of the revised ODR and ADR benefit provisions based on the Actuarial Assumptions and Methods as noted herein including changes in assumptions for ADR, ODR and ADR benefits are NOT subject to Tier III Escalation (RSSL Section 510). OTHER COSTS: Not measured in this Fiscal Note are the following: S. 4205 113 * The initial, additional administrative costs of FIRE and other New York City agencies to implement the proposed legislation. * The potential impact if this proposed legislation were to be extended to other public safety employees. * The impact of this proposed legislation on Other Postemployment Benefit ("OPEB") costs. CENSUS DATA: The starting census data use for the calculations presented herein are the census data used in the Updated Preliminary June 30, 2013 (Lag) actuarial valuation of FIRE used to determine the Updated Preliminary Fiscal Year 2015 employer contributions. The census data used for the estimates of additional employer contrib- utions presented herein are based on average salaries of new entrants utilized in the Updated Preliminary June 30, 2013 (Lag) actuarial valu- ations used to determine Updated Preliminary Fiscal Year 2015 employer contributions of FIRE. The 169 Tier III FIRE Members as of June 30, 2013 (including the one Tier III member who has a date of membership prior to April 1, 2012) had an average age of approximately 27, average service of approximately 0.5 years and an average salary of approximately $48,200. ACTUARIAL ASSUMPTIONS AND METHODS: The additional employer contrib- utions presented herein have been calculated based on the actuarial assumptions and methods in effect for the June 30, 2013 (Lag) actuarial valuations used to determine Updated Preliminary Fiscal Year 2015 employer contributions of FIRE and adjusted for revised ADR eligibility provisions. The probabilities of accidental disability used for Tier III FIRE Members in the event statutory presumptions were to apply equal those currently used for Tier I and Tier II FIRE Members. The actuarial valuation methodology does not include a calculation of the value of an offset for Workers' Compensation benefits as it is the understanding of the Actuary that FIRE members are not covered by such benefits. To the extent that the enactment of this proposed legislation would cause a greater (lesser) number of Tier III FIRE Members to be reclassi- fied from Ordinary Disability to Accidental Disability Retirement, or to the extent that Tier III FIRE Members who would not otherwise ever choose to apply and then receive an Ordinary Disability Retirement bene- fit or an Accidental Disability Retirement benefit, then the additional APVB and employer contributions shown herein would be greater (lesser). Employer contributions under current methodology have been estimated assuming the additional APVB would be financed through future normal contributions including an amortization of the new UAAL attributable to this proposed legislation over a 15-year period (14 payments under the OYLM Methodology). New entrants into Tier III FIRE Members were projected to replace the FIRE members expected to leave the active population to maintain a steady-state population. The following Table 3 presents the total number of active employees of FIRE used in the projections, assuming a level work force, and the cumu- lative number (i.e., net of withdrawals) of Tier III Members as of each June 30 from 2013 through 2017. Table 3 Surviving Actives from Census on June 30, 2013 and S. 4205 114 Cumulative New Tier III FIRE Members from 2013 Used in the Projections* June 30 Tier I & II Tier III Total 2013 10,013 169 10,182 2014 9,486 696 10,182 2015 8,988 1,194 10,182 2016 8,509 1,673 10,182 2017 8,055 2,127 10,182 * Total active members included in the projections assume a level work force based on the June 30, 2013 (Lag) actuarial valuation census data. Assumes presumptions apply to Tier III FIRE members. For purposes of estimating the impact of the Tier III Escalation for retired Tier III FIRE Members, consistent with an underlying Consumer Price Inflation ("CPI") assumption of 2.5% per year, Tier III Escalation of 2.5% per year has been assumed. This compares with the current Chapter 125 of the Laws of 2000 COLA assumption of 1.5% per year (i.e., 50% of CPI adjusted to recognize 1.0% minimum and 3.0% maximum) on the first $18,000 of benefit. For Variable Supplements Fund ("VSF") benefits, it has been assumed that retroactive lump sum payments of VSF ("DROP payments") would be payable from the completion of 20 years of service. ECONOMIC VALUES OF BENEFITS: The actuarial assumptions used to deter- mine the financial impact of the proposed legislation discussed in this Fiscal Note are those appropriate for budgetary models and determining annual employer contributions to FIRE. However, the economic assumptions (current and proposed) that are used for determining employer contributions do not develop risk-adjusted, economic values of benefits. Such risk-adjusted, economic values of benefits would likely differ significantly from those developed be the budgetary models. STATEMENT OF ACTUARIAL OPINION: I, Robert C. North Jr., am the Acting Chief Actuary for the New York City Retirement Systems. I am a Fellow of the Society of Actuaries and a Member of the American Academy of Actuar- ies. I meet the Qualification Standards of the American Academy of Actu- aries to render the actuarial opinion contained herein. FISCAL NOTE IDENTIFICATION: This estimate is intended for use only during the 2015 Legislative Session. It is Fiscal Note 2015-03, dated January 30, 2015 prepared by the Acting Chief Actuary of the New York Fire Department Pension Fund. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: BACKGROUND - DESIGN OF PROPOSED LEGISLATION In general, the OA believes that proposed legislation should: * Be technically accurate, * Be clear in its intent, * Be administrable, and * Meet desired policy objectives. While the OA cannot provide any legal analysis, the OA has done a review of the proposed legislation and has some concerns. These concerns that follow represent the best understanding of the Actuary and staff of the OA and should not be considered legal interpretations. All of these concerns and suggestions should be reviewed by Counsel. Unless otherwise noted, for purposes of this letter the term Tier III FIRE Members refers to members of the New York Fire Department Pension S. 4205 115 Fund ("FIRE") who have a date of membership on or after April 1, 2012 and the one Tier III member of FIRE who has a date of membership on or after July 1, 2009 and prior to April 1, 2012. CONCERNS WITH PROPOSED LEGISLATION WITH RESPECT TO ORDINARY DISABILITY RETIREMENT ("ODR") AND ACCIDENTAL DISABILITY RETIREMENT ("ADR") * Benefits Compared to Tier II: The proposed legislation, if enacted, would revise the ODR and ADR benefit formulas for Tier III FIRE Members. It appears that the proposed Tier III ODR benefit formula is intended to be the same as the ODR benefit available to Tier II FIRE Members (i.e., 1/40 of Final Average Salary ("FAS") multiplied by the years of service, but not less than (1) one-half of FAS if the years of service are 10 or more or (2) one-third of FAS if the years of service are less than 10) where the FAS for Tier III FIRE Members would be based on a one-year FAS, the same as for Tier II. Similarly, it also appears that the proposed ADR benefit formula for Tier III FIRE Members is intended to be the same as the ADR benefit available to Tier II FIRE Members (i.e., 75% of Final Average Salary ("FAS")), where the FAS for Tier III FIRE Members would be based on a one-year FAS, the same as for Tier II. Note: Tier II FIRE Members are also entitled to an additional 1/60 of total earnings after their 20th anniversary. Given the proposed statuto- ry references it is the understanding of the Actuary that the Tier III FIRE Members impacted by the proposed legislation would not receive this additional 1/60 of total earnings after 20 years of service. FIRE Tier II ODR and ADR benefits are subject to Cost-of-Living Adjustments ("COLA") under Chapter 125 of the Laws of 2000 on the first $18,000 of benefit after five years of Disability Retirement. Given the proposed statutory references, it is the understanding of the Actuary that the proposed ODR and ADR benefits for Tier III FIRE Members would be entitled to the COLA described in the preceding para- graph, but would NOT be subject to an annual Tier III Escalation increase on the full benefit immediately from the date of Disability Retirement. * Reference to ITHP: The proposed legislation, in defining the revised ODR and ADR benefits, uses the term Increased-Take-Home-Pay ("ITHP"). ITHP is a special benefit provided to Tier I and Tier II members and is not defined for Tier III members. Given the history that no Tier III Members have ever received ITHP benefits, the Actuary has assumed that if the proposed legislation were enacted, Tier III FIRE Members would not be entitled to ITHP. * Annuitization of Member Contributions: The proposed legislation would include in the ODR and ADR benefit formulas for Tier III FIRE Members, a benefit in the form of an annuity equal to the actuarial equivalent of the accumulated Tier III member contributions at retire- ment. Annuitized benefits based directly on member contributions are avail- able to Tier II FIRE Members. However, it is the understanding of the Actuary that no current Tier III Member has any benefit which is defined as an annuitization of accumulated member contributions. * General Plan Design: From an administrative and design viewpoint, the Actuary would suggest that consideration be given to incorporating enhanced ODR and ADR benefit eligibilities and benefit formulas within Retirement and Social Security Law ("RSSL") Article 14, using only Arti- cle 14 terminology and structure to achieve the desired ODR and ADR benefit eligibilities and benefit levels. S. 4205 116 * Name: The official name of the Pension Fund is the New York Fire Department Pension Fund. * Presumptive Conditions for ADR It is the understanding of the Actuary that the proposed legislation, if enacted, would provide Tier III FIRE Members the ability to be eligi- ble for and to utilize the presumptive conditions that qualify for ADR that are available to Tier I and Tier II FIRE Members. The reasoning behind this understanding is that in the proposed legis- lation, eligibility conditions for Tier III FIRE members for ODR would be determined pursuant to the Administrative Code of the City of New York ("ACNY") Sections 13-316, 13-352 and 13-357 (i.e., those that apply to Tier I and Tier II FIRE Members), notwithstanding anything to the contrary. Similarly, in the proposed legislation, eligibility conditions for Tier III FIRE Members for ADR would be determined pursuant to the Admin- istrative Code of the City of New York ("ACNY") Sections 13-316, 13-353 and 13-357 (i.e., those that apply to Tier I and Tier II FIRE Members), notwithstanding anything to the contrary. It is the understanding of the Actuary that in the proposed legis- lation, eligibility for ODR and ADR would not be pursuant to RSSL Section 507.e. RSSL Section 507.e provides that a member shall not be eligible for ODR or ADR unless the member waives the benefits of any statutory presumptions. Accordingly, it is the understanding of the Actuary that since under the proposed legislation RSSL Section 507.e would no longer apply to Tier III FIRE Members, Tier III FIRE Members would not be required to waive RSSL Section 507.e in order to be eligi- ble for ODR or ADR benefits. Consequently, the statutory presumptions would apply since they have not been waived. In accordance with the above reasoning, since current Tier III FIRE Members are required to waive the presumptions pursuant to RSSL Section 507.e, it is the understanding of the Actuary that Tier III FIRE Members are currently not entitled to presumptive conditions for ADR. * Consistency Amongst Uniformed Groups This proposed legislation would cover members of FIRE but not members of the New York City Police Pension Fund ("POLICE") or any other uniformed groups. Given the historical consistency in benefits amongst certain uniformed groups, this proposed legislation would likely lead to demands for similar legislation for at least some other uniformed groups. FISCAL NOTE: PROVISIONS OF PROPOSED LEGISLATION: This proposed legis- lation would amend Retirement and Social Security Law ("RSSL") Sections 506, 507, 510, 511 and 512 and amend Administrative Code of the City of New York ("ACNY") Section 13-357 to change, for members of the New York Fire Department Pension Fund ("FIRE") subject to Article 14 of the RSSL, the eligibility for and the calculation of Ordinary Disability Retire- ment ("ODR") benefits and Accidental Disability Retirement ("ADR") bene- fits. The proposed legislation would also amend ACNY Section 13-353.1 and General Municipal Law ("GML") Sections 207-k, 207-kk, 207-p and 207-q to change the eligibility requirements for Medical Officers of FIRE to utilize the statutory presumptions that qualify FIRE members for ADR. Unless otherwise noted, for purposes of this Fiscal Note the term Tier III FIRE members refers to members of the New York Fire Department Pension Fund ("FIRE") who have a date of membership on or after July 1, 2009. Note: Although referred to herein as Tier III members, it should be noted that members who join FIRE on or after April 1, 2012 are often S. 4205 117 referred to as Tier VI members or Revised Tier III members. Also Note: There is only one Tier III member of FIRE who has a date of membership on or after July 1, 2009 and prior to April 1, 2012. The Effective Date of the proposed legislation would be the 60th day after the date of enactment. IMPACT ON ODR BENEFITS PAYABLE: The current eligibility provisions for ODR benefits for Tier III FIRE Members are based on: * Completing five or more years of service, and * Becoming eligible for Primary Social Security Disability retirement benefits. Such ODR benefits are equal to the greater of: * 33 1/3% of Five-Year Final Average Salary ("FAS"), or * 2% of FAS multiplied by years of credited service (not in excess of 22 years), * Reduced by 50% of the Primary Social Security Disability benefits (determined under RSSL Section 511), and * Reduced by 100% of Workers' Compensation benefits (if any). It is the understanding of the Actuary that FIRE Members are not covered by Workers' Compensation. Under the proposed legislation the eligibility requirements for ODR benefits for Tier III FIRE Members would be revised to be the same as those provided in ACNY Sections 13-316, 13-352 and 13-357 (i.e., the provisions applicable to Tier I and Tier II FIRE members). In particular, completing five or more years of service would not be required in order to be eligible for ODR benefits. In other words, there would not any requirement for any minimum length of service to be completed in order to be eligible for ODR benefits. Under the proposed legislation, if enacted, the ODR benefit for Tier III FIRE Members would be an allowance consisting of: * An actuarial equivalent annuity of accumulated member contributions, plus * A pension, which together with the annuity, equal to 1/40 of One- Year Final Average Salary ("FAS1") multiplied by years of credited service, but not less than: * * 1/2 of FAS1, if years of credited service are greater than or equal to 10 years, or * * 1/3 of FAS1, if years of credited service are less than 10 years. Note: The proposed legislation also states that one component of the ODR benefit would be the actuarial equivalent annuity of an Increased- Take-Home-Pay ("ITHP") reserve. This theoretical benefit is not included in this Fiscal Note analysis since it is the understanding of the Actu- ary that ITHP is not available to Tier III members generally and is not specifically defined in the proposed legislation. In addition, the proposed legislation would NOT apply the Escalation available under RSSL Section 510 to ODR benefits for Tier III FIRE Members. However, such ODR benefits would still be eligible for Cost-of- Living Adjustments ("COLA") under Chapter 125 of the Laws of 2000. IMPACT ON ADR BENEFITS PAYABLE: The current eligibility provisions for ADR benefits for Tier III FIRE Members are based on satisfying either: * Being eligible for Social Security Disability retirement benefits and having become disabled due to an accident sustained in the line of duty, or * Being physically or mentally incapacitated as a result of an acci- dent sustained in the line of duty as determined by the appropriate administrative authority assigned by FIRE. S. 4205 118 As a consequence of RSSL Section 507.e, a Tier III FIRE Member would not be eligible for ADR unless the member waived the benefits of any statutory presumptions (e.g., certain heart diseases). Such ADR benefits are calculated using a formula of 50% multiplied by FAS less 50% of Primary Social Security disability benefit (determined under RSSL Section 511) and less 100% of Workers' Compensation benefits (if any). Note: It is the understanding of the Actuary that FIRE Members are not covered by Workers' Compensation. Under the proposed legislation the eligibility requirements for ADR benefits for Tier III FIRE Members would be revised to be the same as those provided in ACNY Sections 13-316, 13-353 and 13-357 (i.e., the provisions applicable to Tier I and Tier II FIRE Members). In addition, it is the understanding of the Actuary that the proposed legislation, if enacted, would provide that Tier III FIRE Members could be eligible for and utilize the statutory presumptions (e.g., certain heart diseases) that qualify certain Tier I and Tier II FIRE Members for ADR. The current eligibility to utilize the statutory presumptions requires that the member must have successfully passed a physical examination for entry into public service which failed to disclose evidence of the qual- ifying condition or impairment of health that formed the basis for the disability. Under the proposed legislation, Medical Officers may satisfy the eligibility to utilize the statutory presumptions provided the Medical Officer authorized release of all relevant medical records, and there is no evidence of the qualifying condition or impairment that formed the basis for the disability in such medical records unless the contrary is proved by competent evidence. Under the proposed legislation, if enacted, the ADR benefit for Tier III FIRE Members would be revised to equal a retirement allowance equal to the sum of: * An actuarial equivalent annuity of accumulated member contributions, plus * 75% multiplied by FAS1. Note: The proposed legislation also states that one component of the ADR benefit would be the actuarial equivalent annuity of an Increased- Take-Home-Pay ("ITHP") reserve. This theoretical benefit is not included in this Fiscal Note analysis since it is the understanding of the Actu- ary that ITHP is not available to Tier III members generally and is not specifically defined in the proposed legislation. Also note, it is the understanding of the Actuary that the Tier III FIRE Members impacted by the proposed legislation would not receive any additional 1/60 of annual earnings after 20 years of service. In addition, the proposed legislation would NOT apply the Escalation available under RSSL Section 510 to ADR benefits for Tier III FIRE Members. However, such ADR benefits would still be eligible for Cost-of- Living Adjustments ("COLA") under Chapter 125 of the Laws of 2000. FINANCIAL IMPACT - CHANGES IN BENEFITS - ACTUARIAL PRESENT VALUES: Based on the census data and the actuarial assumptions and methods noted herein, if the Effective Date is on or before June 30, 2015, then this would change the Actuarial Present Value ("APV") of benefits ("APVB"), APV of member contributions, the Unfunded Actuarial Accrued Liability ("UAAL") and APV of future employer costs as of June 30, 2013 for Tier III FIRE Members. S. 4205 119 FINANCIAL IMPACT - CHANGES IN PROJECTED APV OF FUTURE EMPLOYER COSTS AND PROJECTED EMPLOYER COSTS: For purposes of this Fiscal Note, it is assumed that the changes in APVB, APV of future member contributions, UAAL and APV of future employer costs would be reflected for the first time in the June 30, 2013 actuarial valuation of FIRE. Under the One-Year Lag Methodology ("OYLM"), the first year that changes in benefits for Tier III FIRE Members could impact employer costs to FIRE would be Fiscal Year 2015. In accordance with ACNY Section 13.638.2(k-2), new UAAL attributable to benefit changes are to be amortized as determined by the Actuary but generally over the remaining working lifetime of those impacted by the benefit changes. As of June 30, 2013, the remaining working lifetime of the Tier III FIRE Members is approximately 24 years. Recognizing that this period will decrease over time as the group of Tier III Members matures, the Actuary would likely choose to amortize the new UAAL attributable to this proposed legislation over a 15-year to 20-year period (between 14 and 19 payments under the OYLM Methodology). However, since virtually all of the Tier III FIRE members that would be impacted by the benefit changes are new entrants, the resulting UAAL would be de minimis and therefore the amortization period used for the UAAL has very little impact on the final results. The following Table 1 presents an estimate of the increases due to the changes in ODR and ADR provisions for Tier III FIRE Members and the changes in eligibility requirements for presumptions for FIRE Medical Officers in the APV of future employer costs and in employer costs to FIRE for Fiscal Years 2015 through 2019 that would occur based on the applicable actuarial assumptions and methods noted herein: Table 1 Estimated Financial Impact on FIRE If Certain Revisions are Made to Provisions for ODR and ADR Benefits for Tier III FIRE Members and to Presumption Eligibility Requirements for Medical Officers * ($ Millions) Increase in APV of Increase in Employer Fiscal Year Future Employer Costs Costs 2015 $16.3 $2.1 2016 68.3 8.2 2017 120.1 13.5 2018 173.1 18.4 2019 227.3 23.1 * Based on actuarial assumptions and methods set forth in the Actuarial Assumptions and Method section. Also, based on the projection assumptions as described herein. ODR and ADR benefits are NOT subject to Tier III Escalation (RSSL Section 510). The estimated increases in employer costs shown in Table 1 are based upon the following projection assumptions: * Level workforce (i.e., new employees are hired to replace those who leave active status). S. 4205 120 * Projected salary increases consistent with those used in projections presented to the New York City Office of Management and Budget ("NYCOMB") for use in the January 2015 Financial Plan ("Updated Prelimi- nary Projections"). * New entrant salaries consistent with those used in the Updated Preliminary Projections. These "open group" projections include future new entrants introduced into the census data models to project the future workforces. As of each future actuarial valuation date, the current "closed group" actuarial assumptions and valuation methodology are used. Under this methodology only Plan participants as of each actuarial valuation date are utilized to determine APVs employer costs and employ- er contributions. FINANCIAL IMPACT - CHANGES IN PROJECTED APV OF FUTURE EMPLOYER CONTRIBUTIONS AND PROJECTED EMPLOYER CONTRIBUTIONS: Since the assump- tions used in the actuarial valuation of FIRE do not distinguish between Medical Officers and other FIRE members and those assumptions for Tier II members already incorporate some or all of the presumptions available under law, the increase in employer contributions and in the APV of future employer contributions would be slightly less than those shown in Table 1. FINANCIAL IMPACT - EMPLOYER ENTRY AGE NORMAL COSTS: Employer Entry Age Normal Costs can provide a useful basis to compare the value of alterna- tive benefit programs. For each member who enters FIRE, there is a theoretical net annual employer cost to be paid for such member while such member remains actively employed (i.e., the Employer Entry Age Normal Cost ("EEANC")). In addition, such EEANC may be expressed as a percentage of salary earned over a working lifetime and referred to as the Employer Entry Age Normal Rate ("EEANR"). Under the proposed legislation and based on the actuarial assumptions noted herein, the EEANC and EEANR of Tier III FIRE Members would be greater than the EEANC and EEANR for comparable Tier III FIRE Members entering at the same attained age and gender under the current FIRE provisions. Table 2 shows a summary of the change in EEANR for Tier III FIRE Members who have a date of membership on or after April 1, 2012 for entry ages 25, 30 and 35 with a starting salary of $45,000, determined as of the most recent date of published EEANR calculations: Table 2 Comparison of Employer Entry Age Normal Rates Determined as of June 30, 2012* To Implement Certain ODR and ADR Provisions for Tier III FIRE Members with a Membership Date on or After April 1, 2012 Under Proposed Legislation and Under Current Law EEANR Under Proposed Legislation** Entry Age 25 Entry Age 30 Entry Age 35 S. 4205 121 Retirement System Male Female Male Female Male Female FIRE 21.92% 22.50% 27.31% 28.01% 34.55% 35.31% EEANR Under Current Law FIRE 15.94% 16.51% 18.99% 19.68% 21.78% 22.51% Increase in EEANR Due to Proposed Legislation FIRE 5.98% 5.99% 8.32% 8.33% 12.77% 12.80% * Based on salaries paid over entire working lifetime. EEANR do not var significantly over time, absent benefit and/or actuarial assumption changes. ** EEANR determined under the terms of the revised ODR and ADR benefit provisions based on the Actuarial Assumptions and Methods as noted herein including changes in assumptions for ADR. ODR and ADR benefits are NOT subject to Tier III Escalation (RSSL Section 510). OTHER COSTS: Not measured in this Fiscal Note are the following: * The initial, additional administrative costs of FIRE and other New York City agencies to implement the proposed legislation. * The potential impact if this proposed legislation were to be extended to other public safety employees. * The impact of this proposed legislation on Other Postemployment Benefit ("OPEB") costs. CENSUS DATA: The starting census data used for the calculations presented herein are the census data used in the Updated Preliminary June 30, 2013 (Lag) actuarial valuation of FIRE used to determine the Updated Preliminary Fiscal Year 2015 employer contributions. The census data used for the estimates of additional employer contrib- utions presented herein are based on average salaries of new entrants utilized in the Updated Preliminary June 30, 2013 (Lag) actuarial valu- ations used to determine Updated Preliminary Fiscal Year 2015 employer contributions of FIRE. The 169 Tier III FIRE Members as of June 30, 2013 (including the one Tier III member who has a date of membership prior to April 1, 2012) had an average age of approximately 27, average service of approximately 0.5 years and an average salary of approximately $48,200. There were 21 Medical Officers in FIRE as of June 30, 2013. Of the 21, 7 are currently eligible to utilize the statutory presumptions. In addi- tion, 7 of the 14 Medical Officers who are not currently eligible to utilize the statutory presumptions became members after September 11, 2001 and, therefore, are unlikely to be eligible for World Trade Center presumptive benefits but, if the proposed legislation is enacted, could become eligible for other presumptive benefits. ACTUARIAL ASSUMPTIONS AND METHODS: The additional employer contrib- utions presented herein have been calculated based on the actuarial assumptions and methods in effect for the June 30, 2013 (Lag) actuarial valuations used to determine Updated Preliminary Fiscal Year 2015 employer contributions of FIRE and adjusted for revised ADR eligibility provisions. The probabilities of accidental disability used for Tier III FIRE Members in the event statutory presumptions were to apply equal those currently used for Tier I and Tier II FIRE Members. S. 4205 122 The actuarial valuation methodology does not include a calculation of the value of an offset for Workers' Compensation benefits as it is the understanding of the Actuary that FIRE Members are not covered by such benefits. To the extent that the enactment of this proposed legislation would cause a greater (lesser) number of Tier III FIRE Members to be reclassi- fied from Ordinary Disability to Accidental Disability Retirement, or to the extent that Tier III FIRE Members who would not otherwise ever choose to apply and then receive an Ordinary Disability Retirement bene- fit or an Accidental Disability Retirement benefit, then the additional APVB and employer contributions shown herein would be greater (lesser). Employer contributions under current methodology have been estimated assuming the additional APVB would be financed through future normal contributions including an amortization of the new UAAL attributable to this proposed legislation over a 15-year period (14 payments under the OYLM Methodology). New entrants into Tier III FIRE Members were projected to replace the FIRE members expected to leave the active population to maintain a steady-state population. The following Table 3 presents the total number of active employees of FIRE used in the projections, assuming a level work force, and the cumu- lative number (i.e., net of withdrawals) of Tier III Members as of each June 30 from 2013 through 2017. Table 3 Surviving Actives from Census on June 30, 2013 and Cumulative New Tier III FIRE Members from 2013 Used in the Projections* June 30 Tier I&II Tier III Total 2013 10,013 169 10,182 2014 9,486 696 10,182 2015 8,988 1,194 10,182 2016 8,509 1,673 10,182 2017 8,055 2,127 10,182 * Total active members included in the projections assume a level work force based on the June 30, 2013 (Lag) actuarial valuation census data. Assumes presumptions apply to Tier III FIRE members. For purposes of estimating the impact of the Tier III Escalation for retired Tier III FIRE Members, consistent with an underlying Consumer Price Inflation ("CPI") assumption of 2.5% per year, Tier III Escalation of 2.5% per year has been assumed. This compares with the current Chapter 125 of the Laws of 2000 COLA assumption of 1.5% per year (i.e., 50% of CPI adjusted to recognize 1.0% minimum and 3.0% maximum) on the first $18,000 of benefit. For Variable Supplements Fund ("VSF") benefits, it has been assumed that retroactive lump sum payments of VSF ("DROP payments") would be payable from the completion of 20 years of service. ECONOMIC VALUES OF BENEFITS: The actuarial assumptions used to deter- mine the financial impact of the proposed legislation discussed in this Fiscal Note are those appropriate for budgetary models and determining annual employer contributions to FIRE. S. 4205 123 However, the economic assumptions (current and proposed) that are used for determining employer contributions do not develop risk-adjusted, economic values of benefits. Such risk-adjusted, economic values of benefits would likely differ significantly from those developed by the budgetary models. STATEMENT OF ACTUARIAL OPINION: I, Robert C. North, Jr., am the Acting Chief Actuary for the New York City Retirement Systems. I am a Fellow of the Society of Actuaries and a Member of the American Academy of Actuar- ies. I meet the Qualification Standards of the American Academy of Actu- aries to render the actuarial opinion contained herein. FISCAL NOTE IDENTIFICATION: This estimate is intended for use only during the 2015 Legislative Session. It is Fiscal Note 2015-07, dated February 27, 2015 prepared by the Acting Chief Actuary of the New York Fire Department Pension Fund. 1 PART FF 2 Section 1. The civil service law is amended by adding a new section 3 162-a to read as follows: 4 S 162-A. PURCHASE OF CONTRACTS RELATING TO HEALTH BENEFITS. THE PRES- 5 IDENT IS HEREBY AUTHORIZED AND DIRECTED TO EVALUATE THE COSTS AND EFFI- 6 CIENCIES RELATED TO PURCHASING A CONTRACT OR CONTRACTS WHEREBY A PROGRAM 7 OF GROUP HEALTH BENEFITS SHALL BE PROVIDED TO RETIREES PURSUANT TO THIS 8 ARTICLE AND COVERED UNDER TITLE EIGHTEEN OF THE SOCIAL SECURITY ACT AND 9 DETERMINE WITHIN THIRTY DAYS IF SUCH CONTRACT OR CONTRACTS WOULD RESULT 10 IN A COST SAVINGS. IF THE PRESIDENT CONCLUDES THAT ENTERING A CONTRACT 11 FOR SUCH GROUP HEALTH BENEFITS WOULD RESULT IN A COST SAVINGS THEN THE 12 PRESIDENT SHALL PURCHASE A CONTRACT FOR SUCH GROUP HEALTH BENEFITS. SUCH 13 CONTRACT FOR GROUP HEALTH BENEFITS SHALL BE COMPARABLE IN STABILITY AND 14 CONTINUITY OF COVERAGE, CARE AND SERVICES TO THE PROGRAM OF HEALTH BENE- 15 FITS OFFERED TO OTHER MEMBERS AND THEIR DEPENDANTS UNDER THIS SECTION 16 AND SHALL NOT DIMINISH ANY EXISTING BENEFITS PROVIDED TO MEMBERS 17 ENROLLED IN THE NEW YORK STATE HEALTH INSURANCE PROGRAM PURSUANT TO THIS 18 ARTICLE. SUCH BENEFITS SHALL BE DELIVERED AND ADMINISTERED IN ACCORDANCE 19 WITH SUCH CONTRACT FOR GROUP HEALTH BENEFITS AND SHALL BE PURCHASED FROM 20 ONE OR MORE CORPORATIONS LICENSED IN THIS STATE PURSUANT TO ARTICLE 21 THIRTY-TWO OF THE INSURANCE LAW OR SUBJECT TO ARTICLE FORTY-THREE OF THE 22 INSURANCE LAW. 23 (A) A REASONABLE TIME BEFORE ENTERING INTO ANY INSURANCE CONTRACT OR 24 CONTRACT WITH AN ADMINISTRATOR OR ADMINISTRATORS HEREUNDER, THE PRESI- 25 DENT SHALL INVITE PROPOSALS FROM SUCH QUALIFIED INSURERS OR ADMINISTRA- 26 TORS AS IN HIS OR HER OPINION WOULD DESIRE TO ACCEPT ANY PART OF THE 27 INSURANCE OR ADMINISTRATIVE SERVICES AUTHORIZED BY THIS SECTION. 28 (B) THE PRESIDENT MAY ARRANGE WITH ANY CORPORATION LICENSED PURSUANT 29 TO ARTICLE THIRTY-TWO OF THE INSURANCE LAW OR SUBJECT TO ARTICLE FORTY- 30 THREE OF THE INSURANCE LAW ISSUING ANY SUCH CONTRACT TO REINSURE 31 PORTIONS OF SUCH CONTRACT WITH ANY OTHER SUCH CORPORATION WHICH ELECTS 32 TO BE A REINSURER AND IS LEGALLY COMPETENT TO ENTER INTO A REINSURANCE 33 AGREEMENT. 34 (C) THE PRESIDENT MAY DESIGNATE ONE OR MORE OF SUCH CORPORATIONS AS 35 THE ADMINISTERING CORPORATION OR CORPORATIONS. 36 (D) EACH EMPLOYEE WHO IS COVERED UNDER ANY SUCH CONTRACT OR CONTRACTS 37 SHALL RECEIVE A CERTIFICATE SETTING FORTH THE BENEFITS TO WHICH THE 38 EMPLOYEE AND HIS OR HER DEPENDENTS ARE ENTITLED THEREUNDER, TO WHOM SUCH 39 BENEFITS SHALL BE PAYABLE, TO WHOM CLAIMS SHOULD BE SUBMITTED, AND 40 SUMMARIZING THE PROVISIONS OF THE CONTRACT PRINCIPALLY AFFECTING THE S. 4205 124 1 EMPLOYEE AND HIS OR HER DEPENDENTS. SUCH CERTIFICATE SHALL BE IN LIEU OF 2 THE CERTIFICATE WHICH THE CORPORATION OR CORPORATIONS ISSUING SUCH 3 CONTRACT OR CONTRACTS WOULD OTHERWISE ISSUE. 4 S 2. This act shall take effect immediately. 5 PART GG 6 Section 1. Subdivision 9 of section 201 of the workers' compensation 7 law is amended by adding a new paragraph C to read as follows: 8 C. "DISABILITY" ALSO INCLUDES FAMILY CARE. 9 S 2. Subdivision 14 of section 201 of the workers' compensation law, 10 as added by chapter 600 of the laws of 1949 and as renumbered by chapter 11 438 of the laws of 1964, is amended, and nine new subdivisions 15, 16, 12 17, 18, 19, 20, 21, 22 and 23 are added to read as follows: 13 14. "A day of disability" means any day on which the employee was 14 prevented from performing work because of disability, INCLUDING ANY DAY 15 WHICH THE EMPLOYEE USES FOR FAMILY CARE, and for which [he] THE EMPLOYEE 16 has not received his OR HER regular remuneration. 17 15. "FAMILY CARE" MEANS ANY LEAVE TAKEN BY AN EMPLOYEE FROM PERFORMING 18 WORK: 19 A. TO PARTICIPATE IN PROVIDING CARE, INCLUDING PHYSICAL OR PSYCHOLOG- 20 ICAL CARE, FOR A FAMILY MEMBER OF THE EMPLOYEE MADE NECESSARY BY A SERI- 21 OUS HEALTH CONDITION OF THE FAMILY MEMBER; OR 22 B. TO BOND WITH THE EMPLOYEE'S CHILD DURING THE FIRST TWELVE MONTHS 23 AFTER THE CHILD'S BIRTH, OR THE FIRST TWELVE MONTHS AFTER THE PLACEMENT 24 OF THE CHILD FOR ADOPTION OR FOSTER CARE WITH THE EMPLOYEE. 25 16. "CHILD" MEANS A BIOLOGICAL, ADOPTED OR FOSTER CHILD, A STEP-CHILD, 26 A LEGAL WARD OR A CHILD OF A PERSON WHO STANDS IN PARENTAL RELATIONSHIP 27 TO THE CHILD WHO IS: 28 A. LESS THAN EIGHTEEN YEARS OF AGE; OR 29 B. EIGHTEEN YEARS OF AGE OR OLDER AND INCAPABLE OF SELF-CARE BECAUSE 30 OF A MENTAL OR PHYSICAL DISABILITY. 31 17. "DOMESTIC PARTNER" HAS THE SAME MEANING SET FORTH IN SUBDIVISION 32 ONE OF SECTION FOUR OF THIS CHAPTER. 33 18. "SERIOUS HEALTH CONDITION" MEANS AN ILLNESS, INJURY, IMPAIRMENT, 34 OR PHYSICAL OR MENTAL CONDITION THAT: 35 A. REQUIRES INPATIENT CARE IN A HOSPITAL, HOSPICE OR RESIDENTIAL 36 HEALTH CARE FACILITY; OR 37 B. REQUIRES CONTINUING TREATMENT BY A HEALTH CARE PROVIDER. 38 19. "PARENT" MEANS A BIOLOGICAL OR ADOPTIVE PARENT OR STEP-PARENT OF 39 AN EMPLOYEE, OR A PERSON WHO STOOD IN PARENTAL RELATIONSHIP TO AN 40 EMPLOYEE WHEN THE EMPLOYEE WAS: 41 A. LESS THAN EIGHTEEN YEARS OF AGE; OR 42 B. EIGHTEEN YEARS OF AGE OR OLDER AND INCAPABLE OF SELF-CARE BECAUSE 43 OF A MENTAL OR PHYSICAL DISABILITY. 44 20. "FAMILY MEMBER" MEANS A CHILD, SPOUSE, DOMESTIC PARTNER, PARENT, 45 GRANDCHILD, GRANDPARENT, OR MOTHER OR FATHER OF A DOMESTIC PARTNER. 46 21. "PERSONS WHO STAND IN PARENTAL RELATIONSHIP TO A CHILD" INCLUDE 47 THOSE WITH DAY-TO-DAY RESPONSIBILITIES TO CARE FOR AND PROVIDE FINANCIAL 48 SUPPORT OF A CHILD, OR, IN THE CASE OF AN EMPLOYEE, WHO HAD SUCH RESPON- 49 SIBILITY FOR THE EMPLOYEE WHEN THE EMPLOYEE WAS A CHILD. A BIOLOGICAL OR 50 LEGAL RELATIONSHIP SHALL NOT BE NECESSARY. 51 22. "GRANDCHILD" MEANS THE CHILD OF A CHILD. 52 23. "HEALTH CARE PROVIDER" MEANS A HEALTH CARE PRACTITIONER WHO IS 53 LICENSED UNDER THE RELEVANT FEDERAL OR STATE LAWS TO PROVIDE MEDICAL, S. 4205 125 1 EMERGENCY OR HEALTH SERVICES, AND IS TREATING AN EMPLOYEE OR A FAMILY 2 MEMBER FOR A SERIOUS HEALTH CONDITION. 3 S 3. Section 202 of the workers' compensation law is amended by adding 4 a new subdivision 1-a to read as follows: 5 1-A. SOLELY FOR THE PURPOSES OF THE PROVISIONS OF THIS ARTICLE RELAT- 6 ING TO THE PROVISION OF BENEFITS, RIGHTS AND PRIVILEGES RELATING TO 7 FAMILY CARE LEAVE, "COVERED EMPLOYER" SHALL INCLUDE THE STATE OR ANY 8 POLITICAL OR CIVIL SUBDIVISION THEREOF, AND EMPLOYERS WITH TWENTY-FIVE 9 OR MORE EMPLOYEES. 10 S 4. The workers' compensation law is amended by adding two new 11 sections 203-a and 203-b to read as follows: 12 S 203-A. RETALIATORY ACTION PROHIBITED. 1. THE PROVISIONS OF SECTION 13 ONE HUNDRED TWENTY OF THIS CHAPTER AND SECTION TWO HUNDRED FORTY-ONE OF 14 THIS ARTICLE SHALL BE APPLICABLE TO FAMILY CARE LEAVE AS IF FULLY SET 15 FORTH IN THIS SECTION. 16 2. NOTHING IN THIS SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS, 17 PRIVILEGES OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE BARGAINING 18 AGREEMENT OR EMPLOYMENT CONTRACT; EXCEPT THAT THE INSTITUTION OF AN 19 ACTION IN ACCORDANCE WITH THIS SECTION SHALL BE DEEMED A WAIVER OF THE 20 RIGHTS AND REMEDIES AVAILABLE UNDER ANY OTHER CONTRACT OR COLLECTIVE 21 BARGAINING AGREEMENT. 22 S 203-B. FAMILY CARE LEAVE. ANY ELIGIBLE EMPLOYEE OF A COVERED EMPLOY- 23 ER WHO TAKES FAMILY CARE LEAVE ON OR AFTER JANUARY FIRST, TWO THOUSAND 24 SIXTEEN UNDER THIS SECTION SHALL BE ENTITLED, ON RETURN FROM SUCH LEAVE, 25 TO BE RESTORED BY HIS OR HER EMPLOYER TO THE POSITION OF EMPLOYMENT HELD 26 BY THE EMPLOYEE WHEN THE LEAVE COMMENCED, OR TO BE RESTORED TO A COMPA- 27 RABLE POSITION WITH COMPARABLE EMPLOYMENT BENEFITS, PAY AND OTHER TERMS 28 AND CONDITIONS OF EMPLOYMENT. THE TAKING OF LEAVE FOR THE PURPOSE OF 29 FAMILY CARE SHALL NOT RESULT IN THE LOSS OF ANY EMPLOYMENT BENEFIT 30 ACCRUED PRIOR TO THE DATE ON WHICH THE LEAVE COMMENCED. NOTHING IN THIS 31 SECTION SHALL BE CONSTRUED TO ENTITLE ANY RESTORED EMPLOYEE TO THE 32 ACCRUAL OF ANY SENIORITY OR EMPLOYMENT BENEFITS DURING ANY PERIOD OF 33 LEAVE, OR ANY RIGHT, BENEFIT OR POSITION TO WHICH THE EMPLOYEE WOULD 34 HAVE BEEN ENTITLED HAD THE EMPLOYEE NOT TAKEN SUCH LEAVE. A VIOLATION OF 35 THIS SECTION SHALL BE A VIOLATION OF SECTION ONE HUNDRED TWENTY OF THIS 36 CHAPTER, AND ALL REMEDIES AND PENALTIES AVAILABLE UNDER SECTION ONE 37 HUNDRED TWENTY OF THIS CHAPTER SHALL BE AVAILABLE FOR VIOLATIONS OF THIS 38 SECTION AS IF FULLY SET FORTH IN THIS SECTION. 39 S 5. Section 204 of the workers' compensation law is amended by adding 40 a new subdivision 3 to read as follows: 41 3. THE WEEKLY BENEFIT WHICH AN EMPLOYEE ON FAMILY CARE LEAVE IS ENTI- 42 TLED TO RECEIVE FOR DISABILITY COMMENCING ON OR AFTER JANUARY FIRST, TWO 43 THOUSAND SIXTEEN, BUT BEFORE JANUARY FIRST, TWO THOUSAND SEVENTEEN, 44 SHALL BE FIFTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE, BUT IN NO 45 CASE SHALL SUCH BENEFIT EXCEED THIRTY-FIVE PERCENT OF THE STATEWIDE 46 AVERAGE WEEKLY WAGE AS DETERMINED BY THE DEPARTMENT PURSUANT TO SUBDIVI- 47 SION SIXTEEN OF SECTION TWO OF THIS CHAPTER. THE WEEKLY BENEFIT WHICH 48 THE DISABLED EMPLOYEE IS ENTITLED TO RECEIVE FOR DISABILITY COMMENCING 49 ON OR AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN, BUT BEFORE JANUARY 50 FIRST, TWO THOUSAND EIGHTEEN, SHALL BE FIFTY PERCENT OF THE EMPLOYEE'S 51 AVERAGE WEEKLY WAGE, BUT IN NO CASE SHALL SUCH BENEFIT EXCEED FORTY 52 PERCENT OF THE STATEWIDE AVERAGE WEEKLY WAGE AS DETERMINED BY THE 53 DEPARTMENT PURSUANT TO SUBDIVISION SIXTEEN OF SECTION TWO OF THIS CHAP- 54 TER. THE WEEKLY BENEFIT WHICH THE DISABLED EMPLOYEE IS ENTITLED TO 55 RECEIVE FOR DISABILITY COMMENCING ON OR AFTER JANUARY FIRST, TWO THOU- 56 SAND EIGHTEEN SHALL BE FIFTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY S. 4205 126 1 WAGE, BUT IN NO CASE SHALL SUCH BENEFIT EXCEED FIFTY PERCENT OF THE 2 STATEWIDE AVERAGE WEEKLY WAGE AS DETERMINED BY THE DEPARTMENT PURSUANT 3 TO SUBDIVISION SIXTEEN OF SECTION TWO OF THIS CHAPTER. 4 S 6. Subdivisions 1, 2, 3, 4, and 8 of section 205 of the workers' 5 compensation law, subdivision 1 as amended by chapter 651 of the laws of 6 1958, subdivision 2 as amended by chapter 270 of the laws of 1990 and 7 subdivisions 3, 4 and 8 as added by chapter 600 of the laws of 1949 and 8 as renumbered by chapter 352 of the laws of 1981, are amended and a new 9 subdivision 9 is added to read as follows: 10 1. (A) For DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF 11 AN EMPLOYEE, FOR more than twenty-six weeks during a period of fifty-two 12 consecutive calendar weeks or during any one period of disability, OR 13 (B) FOR FAMILY CARE, FOR MORE THAN SIX WEEKS DURING A PERIOD OF 14 FIFTY-TWO CONSECUTIVE CALENDAR WEEKS OR DURING ANY ONE PERIOD OF FAMILY 15 CARE; 16 2. for any period of disability RESULTING FROM THE INJURY, SICKNESS OR 17 PREGNANCY OF AN EMPLOYEE during which an employee is not under the care 18 of a duly licensed physician or with respect to disability resulting 19 from a condition of the foot which may lawfully be treated by a duly 20 registered and licensed podiatrist of the state of New York or with 21 respect to a disability resulting from a condition which may lawfully be 22 treated by a duly registered and licensed chiropractor of the state of 23 New York or with respect to a disability resulting from a condition 24 which may lawfully be treated by a duly licensed dentist of the state of 25 New York or with respect to a disability resulting from a condition 26 which may lawfully be treated by a duly registered and licensed psychol- 27 ogist of the state of New York or with respect to a disability resulting 28 from a condition which may lawfully be treated by a duly certified nurse 29 midwife, for any period of such disability during which an employee is 30 neither under the care of a physician nor a podiatrist, nor a chiroprac- 31 tor, nor a dentist, nor a psychologist, nor a certified nurse midwife; 32 and for any period of disability during which an employee who adheres to 33 the faith or teachings of any church or denomination and who in accord- 34 ance with its creed, tenets or principles depends for healing upon pray- 35 er through spiritual means alone in the practice of religion, is not 36 under the care of a practitioner duly accredited by the church or denom- 37 ination, and provided such employee shall submit to all physical exam- 38 inations as required by this chapter[.]; 39 3. for any disability RESULTING FROM INJURY OR SICKNESS OF AN EMPLOYEE 40 occasioned by the wilful intention of the employee to bring about injury 41 to or the sickness of himself or another, or resulting from any injury 42 or sickness sustained in the perpetration by the employee of an illegal 43 act; 44 4. for any day of disability during which the employee performed work 45 for remuneration or profit, BUT NOT INCLUDING ANY REMUNERATION RECEIVED 46 FOR CARING FOR A FOSTER OR ADOPTED CHILD OR OTHER INDIVIDUAL RESIDING IN 47 THE EMPLOYEE'S PLACE OF RESIDENCE; 48 8. for any disability RESULTING FROM AN INJURY, SICKNESS OR PREGNANCY 49 OF THE EMPLOYEE commencing before the employee becomes eligible to bene- 50 fits hereunder [or commencing prior to July first, nineteen hundred 51 fifty, but this shall not preclude benefits for recurrence after July 52 first, nineteen hundred fifty, of a disability commencing prior there- 53 to.]; OR 54 9. FOR ANY DAY OF ABSENCE FROM WORK REQUIRED PURSUANT TO ANY DISCIPLI- 55 NARY PROCESS, OR, WITH REGARD TO FAMILY CARE BENEFITS, ANY DAY OF 56 ABSENCE FROM WORK RESULTING FOR INJURY, SICKNESS OR PREGNANCY OF THE S. 4205 127 1 EMPLOYEE, INCLUDING ANY LEAVE TAKEN UNDER SECTION SEVENTY-THREE OR 2 SEVENTY-FIVE OF THE CIVIL SERVICE LAW. 3 S 7. The workers' compensation law is amended by adding a new section 4 205-a to read as follows: 5 S 205-A. RELATIONSHIP BETWEEN DISABILITY BENEFITS FOR FAMILY CARE AND 6 FOR THE EMPLOYEE'S OWN INJURY, SICKNESS OR PREGNANCY. THE RECEIPT OF 7 BENEFITS FOR DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF 8 THE EMPLOYEE, SHALL NOT COUNT TOWARD ANY TIME LIMITATION UNDER SUBDIVI- 9 SION ONE OF SECTION TWO HUNDRED FIVE OF THIS ARTICLE ON THE RECEIPT OF 10 BENEFITS FOR FAMILY CARE, AND THE RECEIPT OF BENEFITS FOR FAMILY CARE 11 SHALL NOT COUNT TOWARD ANY TIME LIMITATION UNDER SUBDIVISION ONE OF 12 SECTION TWO HUNDRED FIVE OF THIS ARTICLE ON THE RECEIPT OF BENEFITS FOR 13 DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY TO THE EMPLOYEE, 14 EXCEPT THAT AN EMPLOYEE MAY RECEIVE DISABILITY BENEFITS ON ONLY ONE 15 CLAIM AT ANY TIME. 16 S 8. Subdivision 3 of section 209 of the workers' compensation law, as 17 amended by chapter 415 of the laws of 1983, is amended and a new subdi- 18 vision 6 is added to read as follows: 19 3. The contribution of each such employee to the cost of disability 20 benefits provided by this article shall be one-half of one per centum of 21 the employee's wages paid to him on and after July first, nineteen 22 hundred fifty, but not in excess of sixty cents per week FOR THE COST OF 23 DISABILITY BENEFITS FOR INJURY, SICKNESS OR PREGNANCY OF THE EMPLOYEE. 24 6. EFFECTIVE DURING THE TWO THOUSAND SIXTEEN CALENDAR YEAR FAMILY CARE 25 BENEFITS SHALL BE PROVIDED AT NO COST TO AN ELIGIBLE EMPLOYEE THROUGH 26 THE STATE GENERAL FUND. THIS EXACT LEVEL OF FUNDING SHALL BE PROVIDED BY 27 THE STATE EACH CALENDAR YEAR FOR FAMILY CARE BENEFITS. DURING EVERY 28 SUBSEQUENT CALENDAR YEAR, THE CONTRIBUTION OF EACH SUCH EMPLOYEE TO THE 29 COST OF FAMILY CARE BENEFITS SHALL BE SET BY REGULATION OF THE SUPER- 30 INTENDENT OF FINANCIAL SERVICES. EMPLOYERS SHALL NOT CONTRIBUTE TOWARD 31 THE COST OF FAMILY CARE BENEFITS. 32 S 9. Section 211 of the workers' compensation law is amended by adding 33 two new subdivisions 7 and 8 to read as follows: 34 7. SUCH FAMILY CARE BENEFITS AS ARE PROVIDED FOR IN THIS ARTICLE SHALL 35 BE IN ADDITION TO, AND SHALL NOT AMEND, REPEAL OR REPLACE, THE TERMS OF 36 ANY AGREEMENT THAT IS COLLECTIVELY NEGOTIATED BETWEEN AN EMPLOYER AND AN 37 EMPLOYEE ORGANIZATION, INCLUDING AGREEMENT OR INTEREST ARBITRATION 38 AWARDS MADE PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. 39 8. NOTHING IN THIS ARTICLE SHALL REQUIRE AN EMPLOYER TO USE THE SAME 40 CARRIER TO PROVIDE BENEFITS REQUIRED BY OR PERMISSIBLE UNDER THIS ARTI- 41 CLE FOR DISABILITY RESULTING FROM INJURY, SICKNESS TO OR PREGNANCY OF 42 THE EMPLOYEE AS IT USES TO PROVIDE BENEFITS REQUIRED BY OR PERMISSIBLE 43 UNDER THIS ARTICLE FOR FAMILY CARE. AN EMPLOYER MAY USE A DIFFERENT 44 MEANS, AMONG THOSE SET FORTH IN SUBDIVISIONS ONE THROUGH FIVE OF THIS 45 SECTION, TO PROVIDE BENEFITS REQUIRED BY THIS ARTICLE FOR DISABILITY 46 RESULTING FROM INJURY OR SICKNESS TO OR PREGNANCY OF THE EMPLOYEE, FROM 47 THE MEANS USED TO PROVIDE BENEFITS REQUIRED BY THIS ARTICLE FOR FAMILY 48 CARE. 49 S 10. The workers' compensation law is amended by adding a new section 50 211-a to read as follows: 51 S 211-A. PUBLIC EMPLOYEES; EMPLOYEE OPTION. 1. FOR PURPOSES OF THIS 52 SECTION: 53 (A) "PUBLIC EMPLOYEE" MEANS ANY EMPLOYEE OF THE STATE, ANY POLITICAL 54 SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY, OR ANY OTHER GOVERNMENTAL 55 AGENCY OR INSTRUMENTALITY. S. 4205 128 1 (B) "PUBLIC EMPLOYER" MEANS THE STATE, ANY POLITICAL SUBDIVISION OF 2 THE STATE, A PUBLIC AUTHORITY, OR ANY OTHER GOVERNMENTAL AGENCY OR 3 INSTRUMENTALITY THEREOF. 4 (C) "EMPLOYEE ORGANIZATION" SHALL HAVE THE MEANING SET FORTH IN 5 SECTION TWO HUNDRED ONE OF THE CIVIL SERVICE LAW. 6 2. PUBLIC EMPLOYERS SHALL PROVIDE BENEFITS FOR FAMILY CARE TO PUBLIC 7 EMPLOYEES WHERE AN EMPLOYEE ORGANIZATION THAT REPRESENTS THOSE PUBLIC 8 EMPLOYEES ELECTS TO HAVE FAMILY CARE BENEFITS PROVIDED IN ACCORDANCE 9 WITH THE PROCEDURES AND TERMS SET FORTH IN SUBDIVISION THREE OF THIS 10 SECTION. 11 3. AN EMPLOYEE ORGANIZATION MAY ELECT TO HAVE FAMILY CARE BENEFITS 12 PROVIDED ON BEHALF OF THE PUBLIC EMPLOYEES IT REPRESENTS: 13 (A) AT ANY TIME UPON NINETY DAYS NOTICE TO ANY PUBLIC EMPLOYER WHICH 14 IS NOT PROVIDING DISABILITY BENEFITS FOR INJURY, SICKNESS OR PREGNANCY 15 OF A PUBLIC EMPLOYEE UNDER SECTION TWO HUNDRED TWELVE OF THIS ARTICLE, 16 OR WHICH IS SELF-INSURED FOR SUCH BENEFITS; 17 (B) FOR ANY PUBLIC EMPLOYER WHICH IS PROVIDING DISABILITY BENEFITS FOR 18 INJURY, SICKNESS OR PREGNANCY OF A PUBLIC EMPLOYEE UNDER SECTION TWO 19 HUNDRED TWELVE OF THIS ARTICLE, UPON NOTICE AT LEAST NINETY DAYS PRIOR 20 TO THE EXPIRATION OF THE PUBLIC EMPLOYER'S INSURANCE POLICY FOR SUCH 21 BENEFITS, WHICH ELECTION SHALL BE EFFECTIVE ONLY FOR THE TIME PERIOD 22 COVERED BY ANY SUBSEQUENT POLICY OR RENEWAL; OR 23 (C) AT ANY TIME AS IS MUTUALLY AGREED UPON BETWEEN THE EMPLOYEE ORGAN- 24 IZATION AND ANY PUBLIC EMPLOYER. AN EMPLOYEE ORGANIZATION THAT HAS 25 ELECTED TO HAVE THE FAMILY CARE BENEFIT PROVIDED MAY OPT OUT OF IT WITH- 26 IN THE TIME PERIODS, AND EFFECTIVE UPON THE SAME DATES, SET FORTH IN 27 THIS PARAGRAPH. 28 4. IN THE ABSENCE OF ANY CONTRARY STATEMENT IN A COLLECTIVELY NEGOTI- 29 ATED AGREEMENT UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, A PUBLIC 30 EMPLOYER MAY REQUIRE PUBLIC EMPLOYEES WHO OPT IN UNDER THIS SECTION TO 31 CONTRIBUTE THE FAMILY CARE COST AS SET FORTH IN SECTION TWO HUNDRED NINE 32 OF THIS ARTICLE. 33 S 11. Subdivisions 1, 2, 3 and 4 of section 217 of the workers' 34 compensation law, subdivision 1 as amended by chapter 167 of the laws of 35 1999, subdivisions 2 and 3 as amended by chapter 270 of the laws of 36 1990, and subdivision 4 as added by chapter 600 of the laws of 1949, are 37 amended to read as follows: 38 1. (A) Written notice and proof of disability shall be furnished to 39 the employer by or on behalf of the employee claiming benefits or, in 40 the case of a claimant under section two hundred seven of this article, 41 to the chair, within thirty days after commencement of the period of 42 disability. Additional proof shall be furnished thereafter from time to 43 time as the employer or carrier or chair may require but not more often 44 than once each week. Such proof shall include: 45 (I) IN THE CASE OF DISABILITY RESULTING FROM INJURY, SICKNESS OR PREG- 46 NANCY OF THE EMPLOYEE, a statement of disability by the employee's 47 attending [physician or attending podiatrist or attending chiropractor 48 or attending dentist or attending psychologist or attending certified 49 nurse midwife, or in the case of an employee who adheres to the faith or 50 teachings of any church or denomination, and who in accordance with its 51 creed, tenets or principles depends for healing upon prayer through 52 spiritual means alone in the practice of religion, by an accredited 53 practitioner, containing facts and opinions as to such disability in 54 compliance with regulations of the chair.] HEALTH CARE PROVIDER; AND 55 (II) IN THE CASE OF FAMILY CARE FOR BONDING WITH A NEW CHILD, A BIRTH 56 CERTIFICATE, CERTIFICATE OF ADOPTION, OR OTHER COMPETENT EVIDENCE SHOW- S. 4205 129 1 ING THAT THE EMPLOYEE IS THE PARENT OF A CHILD WITHIN TWELVE MONTHS OF 2 THAT CHILD'S BIRTH OR PLACEMENT FOR ADOPTION OR FOSTER CARE WITH THE 3 EMPLOYEE. 4 (B) Failure to furnish notice or proof within the time and in the 5 manner [above] provided IN PARAGRAPH (A) OF THIS SUBDIVISION shall not 6 invalidate the claim but no benefits shall be required to be paid for 7 any period more than two weeks prior to the date on which the required 8 proof is furnished unless it shall be shown to the satisfaction of the 9 chair not to have been reasonably possible to furnish such notice or 10 proof and that such notice or proof was furnished as soon as possible; 11 provided, however, that no benefits shall be paid unless the required 12 proof of disability is furnished within twenty-six weeks after commence- 13 ment of the period of disability. No limitation of time provided in 14 this section shall run as against any person who is mentally incompe- 15 tent, or physically incapable of providing such notice as a result of a 16 serious medical condition, or a minor so long as such person has no 17 guardian of the person and/or property. 18 2. An employee claiming benefits FOR THE EMPLOYEE'S INJURY, SICKNESS 19 OR PREGNANCY shall, as requested by the employer or carrier, submit 20 himself or herself at intervals, but not more than once a week, for 21 examination by a [physician or podiatrist or chiropractor or dentist or 22 psychologist or certified nurse midwife] RELEVANT HEALTH CARE PROVIDER 23 designated by the employer or carrier. All such examinations shall be 24 without cost to the employee and shall be held at a reasonable time and 25 place. 26 3. The chair may direct the claimant WHO SEEKS DISABILITY BENEFITS FOR 27 HIS OR HER INJURY, SICKNESS OR PREGNANCY to submit to examination by a 28 [physician or podiatrist or chiropractor or dentist or psychologist] 29 RELEVANT HEALTH CARE PROVIDER designated by him or her in any case in 30 which the claim to disability benefits is contested and in claims aris- 31 ing under section two hundred seven OF THIS ARTICLE, and in other cases 32 as the chair or board may require. 33 4. Refusal of the claimant without good cause to submit to any such 34 examination shall disqualify [him] THE CLAIMANT from all benefits here- 35 under for the period of such refusal, except as to benefits already 36 paid. 37 S 12. Subdivision 2 of section 229 of the workers' compensation law, 38 as added by chapter 271 of the laws of 1985, is amended to read as 39 follows: 40 2. (A) Whenever an employee of a covered employer who is eligible for 41 benefits under section two hundred four of this article shall be absent 42 from work due to a disability as defined in subdivision nine of section 43 two hundred one of this article for more than seven consecutive days, 44 the employer shall provide the employee with a written statement of the 45 employee's rights under this article in a form prescribed by the [chair- 46 man] CHAIR. The statement shall be provided to the employee within five 47 business days after the employee's seventh consecutive day of absence 48 due to disability or within five business days after the employer knows 49 or should know that the employee's absence is due to disability, which- 50 ever is later. 51 (B) EACH COVERED EMPLOYER SHALL PROVIDE EACH EMPLOYEE WITH A TYPEWRIT- 52 TEN, PRINTED OR ELECTRONIC NOTICE IN A FORM PRESCRIBED BY THE CHAIR, 53 STATING THAT THE EMPLOYER HAS PROVIDED FOR THE PAYMENT OF DISABILITY 54 BENEFITS AS REQUIRED BY THIS ARTICLE WITHIN THIRTY DAYS OF THE EFFECTIVE 55 DATE OF THIS PARAGRAPH. EACH COVERED EMPLOYER SHALL PROVIDE SUCH NOTICE 56 TO ALL NEW EMPLOYEES WITHIN THIRTY DAYS OF THEIR FIRST DAY OF WORK. S. 4205 130 1 S 13. Subdivision 2 of section 76 of the workers' compensation law, as 2 added by chapter 600 of the laws of 1949, is amended to read as follows: 3 2. The purposes of the state insurance fund herein created are hereby 4 enlarged to provide [for the] insurance [by the state insurance fund of] 5 FOR the payment of the benefits required by section two hundred four of 6 this chapter, INCLUDING BENEFITS FOR FAMILY CARE PROVIDED EITHER IN THE 7 SAME POLICY WITH OR IN A SEPARATE POLICY FROM BENEFITS FOR DISABILITY 8 RESULTING FROM INJURY OR SICKNESS TO OR PREGNANCY OF AN EMPLOYEE, AND AS 9 PROVIDED PURSUANT TO SECTION TWO HUNDRED ELEVEN-A OF THIS CHAPTER. A 10 separate fund is hereby created within the state insurance fund, which 11 shall be known as the "disability benefits fund", and which shall 12 consist of all premiums received and paid into said fund on account of 13 such insurance, all securities acquired by and through the use of moneys 14 belonging to said fund and of interest earned upon moneys belonging to 15 said fund and deposited or invested as herein provided. Said disability 16 benefits fund shall be applicable to the payment of benefits, expenses 17 and assessments on account of insurance written pursuant to article nine 18 of this chapter. 19 S 14. Paragraph 3 of subsection (a) of section 1113 of the insurance 20 law is amended to read as follows: 21 (3) "Accident and health insurance," means (i) insurance against death 22 or personal injury by accident or by any specified kind or kinds of 23 accident and insurance against sickness, ailment or bodily injury, 24 including insurance providing disability benefits pursuant to article 25 nine of the workers' compensation law, INCLUDING ANY INSURANCE UNDER 26 SUCH ARTICLE FOR FAMILY CARE BENEFITS, AND/OR DISABILITY BENEFITS 27 RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF AN EMPLOYEE ALL, except 28 as specified in item (ii) [hereof] OF THIS PARAGRAPH; and (ii) non-can- 29 cellable disability insurance, meaning insurance against disability 30 resulting from sickness, ailment or bodily injury (but excluding insur- 31 ance solely against accidental injury) under any contract which does not 32 give the insurer the option to cancel or otherwise terminate the 33 contract at or after one year from its effective date or renewal date. 34 S 15. This act shall take effect immediately. 35 S 2. Severability clause. If any clause, sentence, paragraph, subdivi- 36 sion, section or part of this act shall be adjudged by any court of 37 competent jurisdiction to be invalid, such judgment shall not affect, 38 impair, or invalidate the remainder thereof, but shall be confined in 39 its operation to the clause, sentence, paragraph, subdivision, section 40 or part thereof directly involved in the controversy in which such judg- 41 ment shall have been rendered. It is hereby declared to be the intent of 42 the legislature that this act would have been enacted even if such 43 invalid provisions had not been included herein. 44 S 3. This act shall take effect immediately provided, however, that 45 the applicable effective date of Parts A through GG of this act shall be 46 as specifically set forth in the last section of such Parts.