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
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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
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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
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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
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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
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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
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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.
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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
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* 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
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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
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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.