Bill Text: NY S06847 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes the child victim foundation fund and implements a supplemental child victim fee.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO BUDGET AND REVENUE [S06847 Detail]

Download: New_York-2019-S06847-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6847

                               2019-2020 Regular Sessions

                    IN SENATE

                                    November 8, 2019
                                       ___________

        Introduced  by Sens. GAUGHRAN, BIAGGI -- read twice and ordered printed,
          and when printed to be committed to the Committee on Rules

        AN ACT to amend the tax law, the penal law and the state finance law, in
          relation to establishing the child victim foundation fund  and  imple-
          menting a supplemental child victim fee

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The tax law is amended by adding a  new  section  209-N  to
     2  read as follows:
     3    §  209-N. Gift for the child victim foundation fund. Effective for any
     4  tax year commencing on or after January first, two  thousand  twenty,  a
     5  taxpayer  in  any taxable year may elect to contribute to the support of
     6  the child victim foundation fund. Such  contribution  shall  be  in  any
     7  whole  dollar  amount  and  shall not reduce the amount of the state tax
     8  owed by such taxpayer. The  commissioner  shall  include  space  on  the
     9  corporate  income  tax return to enable a taxpayer to make such contrib-
    10  ution.   Notwithstanding  any  other  provision  of  law,  all  revenues
    11  collected pursuant to this section shall be credited to the child victim
    12  foundation  fund  and  shall be used only for the purposes enumerated in
    13  section ninety-nine-hh of the state finance law.
    14    § 2. The tax law is amended by adding a new section 630-h to  read  as
    15  follows:
    16    §  630-h. Gift for the child victim foundation fund. Effective for any
    17  tax year commencing on or after January first, two  thousand  twenty,  a
    18  taxpayer  in  any taxable year may elect to contribute to the support of
    19  the child victim foundation fund. Such  contribution  shall  be  in  any
    20  whole  dollar  amount  and  shall not reduce the amount of the state tax
    21  owed by such taxpayer. The  commissioner  shall  include  space  on  the
    22  personal  income  tax  return to enable a taxpayer to make such contrib-
    23  ution.   Notwithstanding  any  other  provision  of  law,  all  revenues
    24  collected pursuant to this section shall be credited to the child victim

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14139-01-9

        S. 6847                             2

     1  foundation  fund  and  shall be used only for the purposes enumerated in
     2  section ninety-nine-hh of the state finance law.
     3    § 3. Section 60.35 of the penal law, as amended by section 1 of part E
     4  of  chapter 56 of the laws of 2004, subparagraphs (i), (ii) and (iii) of
     5  paragraph (a) of subdivision 1 as amended by section 1  of  part  DD  of
     6  chapter  56  of  the  laws  of  2008,  paragraph (b) of subdivision 1 as
     7  amended by chapter 320 of the laws of 2006, subdivision 4 as amended  by
     8  chapter 525 of the laws of 2013, subdivision 8 as amended by section 121
     9  of  subpart  B of part C of chapter 62 of the laws of 2011, and subdivi-
    10  sion 10 as amended by section 2 of part Y of chapter 56 of the  laws  of
    11  2008, is amended to read as follows:
    12  § 60.35 Mandatory surcharge, sex offender registration fee, DNA databank
    13            fee,  supplemental sex offender victim fee, supplemental child
    14            victim fee and crime victim assistance fee required in certain
    15            cases.
    16    1. (a) Except as provided in section  eighteen  hundred  nine  of  the
    17  vehicle  and  traffic law and section 27.12 of the parks, recreation and
    18  historic preservation law, whenever  proceedings  in  an  administrative
    19  tribunal or a court of this state result in a conviction for a felony, a
    20  misdemeanor, or a violation, as these terms are defined in section 10.00
    21  of  this  chapter,  there  shall  be  levied  at  sentencing a mandatory
    22  surcharge, sex offender registration fee, DNA databank fee and  a  crime
    23  victim  assistance fee in addition to any sentence required or permitted
    24  by law, in accordance with the following schedule:
    25    (i) a person convicted of a felony shall pay a mandatory surcharge  of
    26  three  hundred  dollars and a crime victim assistance fee of twenty-five
    27  dollars;
    28    (ii) a person  convicted  of  a  misdemeanor  shall  pay  a  mandatory
    29  surcharge of one hundred seventy-five dollars and a crime victim assist-
    30  ance fee of twenty-five dollars;
    31    (iii)  a  person  convicted  of  a  violation  shall  pay  a mandatory
    32  surcharge of ninety-five dollars and a crime victim  assistance  fee  of
    33  twenty-five dollars;
    34    (iv) a person convicted of a sex offense as defined by subdivision two
    35  of section one hundred sixty-eight-a of the correction law or a sexually
    36  violent  offense  as defined by subdivision three of section one hundred
    37  sixty-eight-a of the correction law shall, in addition  to  a  mandatory
    38  surcharge  and crime victim assistance fee, pay a sex offender registra-
    39  tion fee of fifty dollars.
    40    (v) a person convicted of a designated offense as defined by  subdivi-
    41  sion  seven  of  section  nine  hundred ninety-five of the executive law
    42  shall, in addition to a mandatory surcharge and crime victim  assistance
    43  fee, pay a DNA databank fee of fifty dollars.
    44    (b)  When  the  felony or misdemeanor conviction in subparagraphs (i),
    45  (ii) or (iv) of paragraph  (a)  of  this  subdivision  results  from  an
    46  offense  contained in article one hundred thirty of this chapter, incest
    47  in the third, second or first degree  as  defined  in  sections  255.25,
    48  255.26 and 255.27 of this chapter or an offense contained in article two
    49  hundred  sixty-three  of  this chapter, the person convicted shall pay a
    50  supplemental sex offender victim fee of one thousand dollars in addition
    51  to the mandatory surcharge and any other fee.
    52    (c) When the felony or misdemeanor conviction  in  subparagraphs  (i),
    53  (ii)  or  (iv)  of  paragraph  (a)  of  this subdivision results from an
    54  offense defined by subdivision two of section one hundred  sixty-eight-a
    55  of  the  correction law, a sexually motivated violent offense as defined
    56  by subdivision  three  of  section  one  hundred  sixty-eight-a  of  the

        S. 6847                             3

     1  correction  law,  any offense contained in article one hundred thirty of
     2  this chapter, incest in the third, second or first degree as defined  in
     3  sections  255.25,  255.26  and  255.27  of  this  chapter, or an offense
     4  contained  in  article  two hundred sixty-three of this chapter, and the
     5  person against whom the crime was committed was under the age  of  eigh-
     6  teen  at  the time of the criminal act, the person convicted shall pay a
     7  supplemental child victim fee of one thousand dollars in addition to the
     8  mandatory surcharge and any other fee or supplemental fee.
     9    2. Where a person is convicted of two or  more  crimes  or  violations
    10  committed  through  a single act or omission, or through an act or omis-
    11  sion which in itself constituted one of the  crimes  or  violations  and
    12  also  was  a  material  element  of  the other, the court shall impose a
    13  mandatory surcharge and a crime victim assistance fee, and where  appro-
    14  priate  a  supplemental sex offender victim fee and a supplemental child
    15  victim fee, in accordance with the provisions of this  section  for  the
    16  crime  or  violation  which  carries  the highest classification, and no
    17  other sentence to pay a mandatory surcharge, crime victim assistance fee
    18  [or], supplemental sex offender  victim  fee  or  a  supplemental  child
    19  victim  fee required by this section shall be imposed. Where a person is
    20  convicted of two or more sex offenses or sexually violent  offenses,  as
    21  defined  by  subdivisions  two  and  three of section one hundred sixty-
    22  eight-a of the correction law, committed through a single act  or  omis-
    23  sion,  or  through an act or omission which in itself constituted one of
    24  the offenses and also was a material element of  the  other,  the  court
    25  shall  impose  only  one  sex  offender  registration  fee, and only one
    26  supplemental child victim fee. Where a person is  convicted  of  two  or
    27  more  designated  offenses,  as  defined by subdivision seven of section
    28  nine hundred ninety-five of  the  executive  law,  committed  through  a
    29  single  act  or  omission, or through an act or omission which in itself
    30  constituted one of the offenses and also was a material element  of  the
    31  other, the court shall impose only one DNA databank fee.
    32    3.  The  mandatory surcharge, sex offender registration fee, DNA data-
    33  bank fee, crime victim assistance fee, [and] supplemental  sex  offender
    34  victim  fee,  and supplemental child victim fee provided for in subdivi-
    35  sion one of this section shall be paid to the  clerk  of  the  court  or
    36  administrative  tribunal  that rendered the conviction. Within the first
    37  ten days of the month following collection of the  mandatory  surcharge,
    38  crime victim assistance fee, [and] supplemental sex offender victim fee,
    39  and supplemental child victim fee, the collecting authority shall deter-
    40  mine the amount of mandatory surcharge, crime victim assistance fee, and
    41  supplemental sex offender victim fee collected and, if it is an adminis-
    42  trative  tribunal, or a town or village justice court, it shall then pay
    43  such money to the state comptroller who shall deposit such money in  the
    44  state  treasury  pursuant to section one hundred twenty-one of the state
    45  finance law to the credit of the criminal  justice  improvement  account
    46  established  by section ninety-seven-bb of the state finance law. Within
    47  the first ten days of the month following collection of the sex offender
    48  registration fee and DNA databank fee, the  collecting  authority  shall
    49  determine  the amount of the sex offender registration fee and DNA data-
    50  bank fee collected and, if it is an administrative tribunal, or  a  town
    51  or  village  justice  court,  it  shall then pay such money to the state
    52  comptroller who shall deposit such money in the state treasury  pursuant
    53  to section one hundred twenty-one of the state finance law to the credit
    54  of  the general fund. If such collecting authority is any other court of
    55  the unified court system, it shall, within such period, pay  such  money
    56  attributable  to  the mandatory surcharge or crime victim assistance fee

        S. 6847                             4

     1  to the state commissioner of taxation and finance to the credit  of  the
     2  criminal  justice improvement account established by section ninety-sev-
     3  en-bb of the state finance law.   If such collecting  authority  is  any
     4  other  court  of the unified court system, it shall, within such period,
     5  pay such money attributable to the sex offender registration fee and the
     6  DNA databank fee to the state commissioner of taxation  and  finance  to
     7  the credit of the general fund.
     8    4.  Any person who has paid a mandatory surcharge, sex offender regis-
     9  tration fee, DNA databank fee,  a  crime  victim  assistance  fee  or  a
    10  supplemental sex offender victim fee under the authority of this section
    11  based  upon  a  conviction  that  is subsequently reversed or who paid a
    12  mandatory surcharge, sex offender registration fee, DNA databank fee,  a
    13  crime  victim  assistance  fee  or  supplemental sex offender victim fee
    14  under the authority of this section which is ultimately  determined  not
    15  to  be  required  by  this section shall be entitled to a refund of such
    16  mandatory surcharge, sex offender registration fee,  DNA  databank  fee,
    17  crime victim assistance fee or supplemental sex offender victim fee upon
    18  application,  in the case of a town or village court, to the state comp-
    19  troller. The state comptroller shall require such proof as is  necessary
    20  in  order to determine whether a refund is required by law. In all other
    21  cases, such application shall be made to the department, agency or court
    22  that collected such surcharge or fee. Such department, agency  or  court
    23  shall  initiate  the  refund process and the state comptroller shall pay
    24  the refund pursuant to subdivision fifteen of section eight of the state
    25  finance law.
    26    5. (a) When a person who is convicted of  a  crime  or  violation  and
    27  sentenced  to  a  term  of  imprisonment has failed to pay the mandatory
    28  surcharge, sex offender registration fee, DNA databank fee, crime victim
    29  assistance fee [or], supplemental sex offender  victim  fee  or  supple-
    30  mental child victim fee required by this section, the clerk of the court
    31  that  rendered  the  conviction  shall  notify the superintendent or the
    32  municipal official of the facility where the  person  is  confined.  The
    33  superintendent or the municipal official shall cause any amount owing to
    34  be  collected  from  such  person during his or her term of imprisonment
    35  from moneys to the credit of an inmates' fund or such moneys as  may  be
    36  earned  by  a person in a work release program pursuant to section eight
    37  hundred sixty of the correction law. Such  moneys  attributable  to  the
    38  mandatory surcharge or crime victim assistance fee shall be paid over to
    39  the  state comptroller to the credit of the criminal justice improvement
    40  account established by section ninety-seven-bb of the state finance law,
    41  such moneys attributable to the supplemental child victim fee  shall  be
    42  paid  over  to  the  state comptroller to the credit of the child victim
    43  foundation fund established  by  section  ninety-nine-hh  of  the  state
    44  finance  law  and such moneys attributable to the sex offender registra-
    45  tion fee or DNA databank fee shall be paid over to the state comptroller
    46  to the credit of the general fund, except that any such moneys collected
    47  which are surcharges, sex offender registration fees, DNA databank fees,
    48  crime victim assistance fees or supplemental sex  offender  victim  fees
    49  levied  in relation to convictions obtained in a town or village justice
    50  court shall be paid within thirty days after the receipt thereof by  the
    51  superintendent  or  municipal official of the facility to the justice of
    52  the court in which the conviction was  obtained.  For  the  purposes  of
    53  collecting  such mandatory surcharge, sex offender registration fee, DNA
    54  databank fee, crime victim assistance fee, [and] supplemental sex offen-
    55  der victim fee, and supplemental child victim fee, the  state  shall  be
    56  legally entitled to the money to the credit of an inmates' fund or money

        S. 6847                             5

     1  which  is earned by an inmate in a work release program. For purposes of
     2  this subdivision, the term "inmates' fund"  shall  mean  moneys  in  the
     3  possession  of  an  inmate at the time of his or her admission into such
     4  facility,  funds  earned  by  him  or her as provided for in section one
     5  hundred eighty-seven of the correction law and any other funds  received
     6  by  him  or  her  or on his or her behalf and deposited with such super-
     7  intendent or municipal official.
     8    (b) The incarceration fee provided for in subdivision two  of  section
     9  one  hundred  eighty-nine of the correction law shall not be assessed or
    10  collected if any order of restitution  or  reparation,  fine,  mandatory
    11  surcharge, sex offender registration fee, DNA databank fee, crime victim
    12  assistance  fee  [or],  supplemental  sex offender victim fee or supple-
    13  mental child victim fee remains unpaid.    In  such  circumstances,  any
    14  monies  which  may  lawfully be withheld from the compensation paid to a
    15  prisoner for work performed while housed in a general confinement facil-
    16  ity in satisfaction of such an obligation shall first be applied  toward
    17  satisfaction of such obligation.
    18    6. Notwithstanding any other provision of this section, where a person
    19  has  made  restitution  or  reparation pursuant to section 60.27 of this
    20  article, such person shall not be required to pay a mandatory  surcharge
    21  or a crime victim assistance fee.
    22    7.  Notwithstanding the provisions of subdivision one of section 60.00
    23  of this article, the provisions of subdivision one of this section shall
    24  not apply to a violation under any law other than this chapter.
    25    8. Subdivision one of section 130.10 of  the  criminal  procedure  law
    26  notwithstanding,  at the time that the mandatory surcharge, sex offender
    27  registration fee or DNA databank fee, crime victim assistance fee  [or],
    28  supplemental sex offender victim fee or supplemental child victim fee is
    29  imposed  a  town or village court may, and all other courts shall, issue
    30  and cause to be served upon the person required  to  pay  the  mandatory
    31  surcharge,  sex  offender  registration  fee  or DNA databank fee, crime
    32  victim assistance fee [or], supplemental  sex  offender  victim  fee  or
    33  supplemental  child  victim  fee,  a  summons directing that such person
    34  appear  before  the  court  regarding  the  payment  of  the   mandatory
    35  surcharge,  sex  offender  registration  fee  or DNA databank fee, crime
    36  victim assistance fee [or], supplemental  sex  offender  victim  fee  or
    37  supplemental  child victim fee, if after sixty days from the date it was
    38  imposed it remains unpaid. The designated  date  of  appearance  on  the
    39  summons shall be set for the first day court is in session falling after
    40  the  sixtieth  day  from  the imposition of the mandatory surcharge, sex
    41  offender registration fee or DNA databank fee, crime  victim  assistance
    42  fee  [or],  supplemental  sex  offender victim fee or supplemental child
    43  victim fee.   The summons shall  contain  the  information  required  by
    44  subdivision  two  of section 130.10 of the criminal procedure law except
    45  that in substitution for the requirement of paragraph (c) of such subdi-
    46  vision the summons shall state that the person served must appear  at  a
    47  date, time and specific location specified in the summons if after sixty
    48  days  from  the  date  of issuance the mandatory surcharge, sex offender
    49  registration fee or DNA databank fee, crime victim assistance fee  [or],
    50  supplemental  sex  offender  victim fee or supplemental child victim fee
    51  remains unpaid. The court shall not issue a summons under this  subdivi-
    52  sion  to  a  person  who  is being sentenced to a term of confinement in
    53  excess of sixty days in jail or in the  department  of  corrections  and
    54  community  supervision. The mandatory surcharges, sex offender registra-
    55  tion fee and DNA databank fees,  crime  victim  assistance  fees  [and],
    56  supplemental sex offender victim fees and supplemental child victim fees

        S. 6847                             6

     1  for  those  persons shall be governed by the provisions of section 60.30
     2  of this article.
     3    9.  Notwithstanding the provisions of subdivision one of this section,
     4  in the event a proceeding is in a town  or  village  court,  such  court
     5  shall  add  an additional five dollars to the surcharges imposed by such
     6  subdivision one.
     7    10. The provisions of this section shall apply  to  sentences  imposed
     8  upon a youthful offender finding; provided, however that the court shall
     9  not  impose  the  sex  offender registration fee, DNA databank fee [or],
    10  supplemental sex offender victim fee or supplemental child  victim  fee,
    11  as  defined  in subparagraphs (iv) and (v) of paragraph (a) [and], para-
    12  graph (b) and paragraph (c) of subdivision one of this section,  for  an
    13  offense in which the conviction was substituted with a youthful offender
    14  finding.
    15    §  4.  Subdivision  5 of section 60.35 of the penal law, as amended by
    16  section 2 of part E of chapter 56 of the laws of  2004,  is  amended  to
    17  read as follows:
    18    5.  When  a  person  who  is  convicted  of  a  crime or violation and
    19  sentenced to a term of imprisonment has  failed  to  pay  the  mandatory
    20  surcharge, sex offender registration fee, DNA databank fee, crime victim
    21  assistance  fee  [or],  supplemental  sex offender victim fee or supple-
    22  mental child victim fee required by this section, the clerk of the court
    23  that rendered the conviction shall  notify  the  superintendent  or  the
    24  municipal  official  of  the  facility where the person is confined. The
    25  superintendent or the municipal official shall cause any amount owing to
    26  be collected from such person during his or  her  term  of  imprisonment
    27  from  moneys  to the credit of an inmates' fund or such moneys as may be
    28  earned by a person in a work release program pursuant to  section  eight
    29  hundred  sixty  of  the  correction law. Such moneys attributable to the
    30  mandatory surcharge or crime victim assistance fee shall be paid over to
    31  the state comptroller to the credit of the criminal justice  improvement
    32  account established by section ninety-seven-bb of the state finance law,
    33  such  moneys  attributable to the supplemental child victim fee shall be
    34  paid over to the state comptroller to the credit  of  the  child  victim
    35  foundation  fund  established  by  section  ninety-nine-hh  of the state
    36  finance law and such moneys attributable to the sex  offender  registra-
    37  tion fee or DNA databank fee shall be paid over to the state comptroller
    38  to the credit of the general fund, except that any such moneys collected
    39  which are surcharges, sex offender registration fees, DNA databank fees,
    40  crime  victim  assistance  fees or supplemental sex offender victim fees
    41  levied in relation to convictions obtained in a town or village  justice
    42  court  shall be paid within thirty days after the receipt thereof by the
    43  superintendent or municipal official of the facility to the  justice  of
    44  the  court  in  which  the  conviction was obtained. For the purposes of
    45  collecting such mandatory surcharge, sex offender registration fee,  DNA
    46  databank fee, crime victim assistance fee [and], supplemental sex offen-
    47  der  victim  fee  and  supplemental child victim fee, the state shall be
    48  legally entitled to the money to the credit of an inmates' fund or money
    49  which is earned by an inmate in a work release program. For purposes  of
    50  this  subdivision,  the  term  "inmates'  fund" shall mean moneys in the
    51  possession of an inmate at the time of his or her  admission  into  such
    52  facility,  funds  earned  by  him  or her as provided for in section one
    53  hundred eighty-seven of the correction law and any other funds  received
    54  by  him  or  her  or on his or her behalf and deposited with such super-
    55  intendent or municipal official.

        S. 6847                             7

     1    § 5. Subdivision 3 of section 60.02 of the penal law,  as  amended  by
     2  section  1  of  part  Y of chapter 56 of the laws of 2008, is amended to
     3  read as follows:
     4    (3)  The  provisions of section 60.35 of this article shall apply to a
     5  sentence imposed upon a youthful offender finding and the amount of  the
     6  mandatory  surcharge  and  crime  victim  assistance  fee which shall be
     7  levied at sentencing shall be equal to  the  amount  specified  in  such
     8  section  for  the  offense of conviction for which the youthful offender
     9  finding was substituted; provided, however  that  the  court  shall  not
    10  impose the sex offender registration fee, DNA databank fee [or], supple-
    11  mental  sex  offender  victim fee or a supplemental child victim fee, as
    12  defined in subparagraphs (iv) and (v) of paragraph (a) [and],  paragraph
    13  (b)  and paragraph (c) of subdivision one of section 60.35 of this arti-
    14  cle, for an offense in which  the  conviction  was  substituted  with  a
    15  youthful offender finding.
    16    § 6. The state finance law is amended by adding a new section 99-hh to
    17  read as follows:
    18    §  99-hh. Child victim foundation fund. 1. There is hereby established
    19  in the joint custody of the commissioner of taxation  and  finance,  the
    20  comptroller,  and  the  commissioner of the division of criminal justice
    21  services, a special fund to be known as  the  "child  victim  foundation
    22  fund". Monies in the fund shall be kept separate from and not commingled
    23  with other funds.
    24    2. Such funds shall consist of the revenues received by the department
    25  of  taxation  and  finance,  pursuant  to the provisions of sections two
    26  hundred nine-N and  six  hundred  thirty-h  of  the  tax  law,  revenues
    27  received  from  the  supplemental  child  victim  fee  pursuant  to  the
    28  provisions of section 60.35 of the  penal  law,  and  all  other  moneys
    29  appropriated,  credited,  or  transferred thereto from any other fund or
    30  source pursuant to law. Nothing contained in this section shall  prevent
    31  the  state  from receiving grants, gifts, or bequests for the purpose of
    32  the fund as defined in this section and depositing them  into  the  fund
    33  according to law.
    34    3.  On or before the first day of February each year, the commissioner
    35  of the division of criminal justice services  shall  provide  a  written
    36  report  to  the  temporary  president  of the senate, the speaker of the
    37  assembly, the chair of the senate finance committee, the  chair  of  the
    38  assembly ways and means committee, the comptroller, and the public. Such
    39  report shall include how the monies of the fund were utilized during the
    40  preceding calendar year, and shall include:
    41    (i)  the amount of money disbursed from the fund and the award process
    42  for such disbursement;
    43    (ii) recipients of awards from the fund;
    44    (iii) the amount awarded to each recipient;
    45    (iv) the purpose for which such awards were granted; and
    46    (v) a summary financial plan for such monies which shall include esti-
    47  mates of all receipts and all disbursements for the current and succeed-
    48  ing fiscal years, along with the actual results from  the  prior  fiscal
    49  year.
    50    4.  Monies of the fund shall be expended only to not-for-profit organ-
    51  izations providing civil legal services to victims of  childhood  sexual
    52  abuse.
    53    5.  Monies  shall be payable from the fund on the audit and warrant of
    54  the comptroller on vouchers approved and certified by  the  commissioner
    55  of the division of criminal justice services.

        S. 6847                             8

     1    6.  To  the  extent  practicable,  the commissioner of the division of
     2  criminal justice services shall ensure that all monies received during a
     3  fiscal year are expended prior to the end of that fiscal year.
     4    § 7. This act shall take effect immediately and shall apply to taxable
     5  years  commencing  on or after January 1, 2020, provided that the amend-
     6  ments to subdivision 5 of section 60.35 of the penal law made by section
     7  three of this act shall be subject to the expiration  and  reversion  of
     8  such  subdivision  pursuant  to  section  74 of chapter 3 of the laws of
     9  1995, as amended, when upon such date the provisions of section four  of
    10  this act shall take effect.
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