Bill Text: NY S07505 | 2019-2020 | General Assembly | Amended
Bill Title: Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2020-2021 state fiscal year; relates to extending the effectiveness of certain provisions of law relating to various criminal justice and public safety programs (Part A); establishes the criminal justice discovery compensation fund (Part E); relates to the closure of correctional facilities (Part F); relates to moving adolescent offenders to the office of children and family services (Part G); relates to suspending the transfer of monies into the emergency services revolving loan fund from the public safety communications account (Part I); establishesg the safe homes and families act (Part M); relates to firearm licenses, requires a list of offenses in states and territories of the United States other than New York that include all of the essential elements of a serious offense be maintained and updated annually (Part N); relates to determining whether certain misdemeanor crimes are serious offenses under the penal law (Part Q); enacts the "Josef Neumann Hate Crimes Domestic Terrorism Act" which makes it a crime for a person to commit a domestic act of terrorism motivated by hate (Part R); relates to continuing to protect and strengthen unions (Part W); relates to defining the term technology for purposes of state purchasing requirements (Part Y); relates to statewide financial system procurements for joint appointing authority for the state financial system project (Part Z); relates to leases of premises in the county of Albany, and elsewhere as required, for providing space for departments, commissions, boards and officers of the state government (Part AA); relates to the sale of alcoholic beverages in certain international airports (Part FF); relates to conducting full manual recounts on ballots (Part JJ); relates to AIM-related sales tax payments in the counties of Nassau and Erie (Part NN); includes acts of domestic violence in the criteria the court shall consider in determining the equitable disposition of property during divorce proceedings (Part PP); relates to ensuring pay equity at state and local public authorities (Part QQ); relates to disclosure requirements for certain nonprofits (Part UU); relates to the powers of the members of the commission on legislative, judicial and executive compensation (Part WW); relates to rights of sexual offense victims; provides that sexual offense victims shall be informed that a rape crisis or victim assistance organization is available to provide victims with transportation from a medical facility (Subpart A); provides guidelines to determine regulatory fines for small businesses and amends the effective date for S. 5815-C and A. 7540-B to be repealed two years after the effective date (Subpart B); relates to specifying the use for which certain state lands are to be transferred to the city of New Rochelle (Subpart C); relates to exempting income earned by persons under the age of 24 from certain workforce development programs from the determination of need for public assistance programs (Subpart D); permits special districts to adopt local laws providing for an exemption for improvements to residential real proeprty for the purpose of facilitating accessibility of such property to a physcially disabed owner (Subpart E); relates to adding components sold with instructions to combine such components to create combustion or detonation to the definition of "explosives" (Subpart F); qualifies the amount of rental surcharge persons or families shall pay in company projects (Subpart G); relates to renaming certain subway stations (Subpart H); provides for the continuity of the Roosevelt Island operating corporation (Subpart I); establishes a sexual discrimination training program within the state office for the aging (Subpart J); details policies or contracts which are not included in the definition of student accident and health insurance (Subpart K); relates to notice of indicated reports of child maltreatment and changes of placement in child protective and voluntary foster care placement and review proceedings (Subpart L); provides access to students on information pertaining to voter education (Subpart M); relates to canvass of ballots cast by certain voters (Subpart N); relates to the licensing of persons engaged in the design, construction, inspection, maintenance, alteration, and repair of elevators and other automated people moving devices; qualifies fund availability from the elevator and related conveyances safety program account; specifies what is not included in the definition of elevator work; sets forth qualifications and exemptions for licensing as an elevator agency technician; repeals certain sections of the labor law and the administrative code of the city of New York and changes the effective date for the licensing requirements of persons engaged in design, construction, inspection, maintenance, alteration and repair of elevators to two years after the act takes effect (Subpart O); relates to proof of eligibility for volunteer firefighter enhanced cancer disability benefits (Subpart P); relates to "lease-end" charges (Subpart Q); enacts the New York call center jobs act (Subpart R); provides for payment assistance and other information for HIV post-exposure prophylaxis and other health care services for sexual assault victims (Subpart S); relates to authorizing retail licenses to purchase beer with a business payment card (Subpart T); relates to the senior wellness in nutrition fund (Subpart U); relates to the definition of a research tobacco product (Subpart V); authorizes retail licensees to purchase beer with a business payment card (Subpart W); relates to a television writers' and directors' fees and salaries credit (Subpart X); relates to the payment of wages to workers (Subpart Y); relates to reverse mortgage loans (Subpart Z); relates to the regulation of toxic chemicals in children's products (Subpart AA); relates to the electronic open auction public bond sale pilot program (Subpart BB); relates to allowing the commissioner of transportation to impound or immobilize stretch limousines in certain situations (Subpart CC)(Part XX); relates to the Nassau county interim finance authority (Part YY); relates to repealing certain provisions requiring voter approval for the issuance of bonds or bonds and capital notes in an amount in excess of ten million dollars to finance any capital improvement in Westchester county (Part ZZ); relates to permitting employees at least two hours paid time off for voting (Part AAA).
Spectrum: Committee Bill
Status: (Passed) 2020-04-03 - SIGNED CHAP.55 [S07505 Detail]
Download: New_York-2019-S07505-Amended.html
STATE OF NEW YORK ________________________________________________________________________ S. 7505--B A. 9505--B SENATE - ASSEMBLY January 22, 2020 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT 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 relat- ing 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 there- of; 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 55 of the laws of 1992, amending the tax law and other laws relating to taxes, surcharges, fees and funding, in relation to extending the expiration of certain provisions of such chapter; 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 effec- tiveness thereof; to amend chapter 60 of the laws of 1994 relating to certain provisions which impact upon expenditure of certain appropri- ations made by chapter 50 of the laws of 1994 enacting the state oper- ations 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12670-03-0S. 7505--B 2 A. 9505--B 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 department of correctional services and divi- sion of parole into the department of corrections and community super- vision, in relation to the effectiveness thereof; to amend chapter 907 of the laws of 1984, amending the correction law, the New York city criminal court act and the executive law relating to prison and jail housing and alternatives to 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 manda- tory surcharge and victim assistance fee; to amend chapter 713 of the laws of 1988, amending the vehicle and traffic law relating to the ignition interlock device program, in relation to extending the expi- ration 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 prisoner 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 chapter 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 protective measures for certain child witnesses, in relation to extending the expiration of the provisions thereof; to amend chapter 3 of the laws of 1995, enact- ing 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 effective- ness thereof; to amend chapter 56 of the laws of 2009, amending the correction law relating to limiting the closing of certain correction- al facilities, providing for the custody by the department of correc- tional 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 chapter 152 of the laws of 2001, amending the mili- tary 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 chapter 55 of the laws of 2018 amending the criminal procedure law relating to pre-criminal proceeding settlements in the city of New York, in relation to theS. 7505--B 3 A. 9505--B effectiveness thereof (Part A); intentionally omitted (Part B); inten- tionally omitted (Part C); intentionally omitted (Part D); to amend the state finance law, in relation to establishing the criminal justice discovery compensation fund; to amend the criminal procedure law, in relation to monies recovered by county district attorneys before the filing of an accusatory instrument; and providing for the repeal of certain provisions upon expiration thereof (Part E); in relation to the closure of correctional facilities; and providing for the repeal of such provisions upon expiration thereof (Part F); to amend the correction law and the executive law, in relation to moving adolescent offenders to the office of children and family services; to repeal paragraph (a-1) of subdivision 4 of section 70.20 of the penal law and section 77 of the correction law relating thereto; to repeal paragraphs (a) through (e) of section 508 of the executive law relat- ing to a technical correction; and providing for the repeal of certain provisions upon expiration thereof (Part G); intentionally omitted (Part H); to amend the tax law, in relation to suspending the transfer of monies into the emergency services revolving loan fund from the public safety communications account (Part I); intentionally omitted (Part J); intentionally omitted (Part K); intentionally omitted (Part L); to amend the criminal procedure law and the family court act, in relation to establishing the safe homes and families act (Part M); to amend the penal law and the executive law, in relation to firearm licenses (Part N); intentionally omitted (Part O); intentionally omit- ted (Part P); to amend the criminal procedure law, in relation to determining whether certain misdemeanor crimes are serious offenses under the penal law (Part Q); to amend the penal law and the criminal procedure law, in relation to enacting the "Josef Neumann Hate Crimes Domestic Terrorism Act" (Part R); intentionally omitted (Part S); intentionally omitted (Part T); intentionally omitted (Part U); inten- tionally omitted (Part V); to amend the civil service law, in relation to continuing to protect and strengthen unions (Part W); intentionally omitted (Part X); to amend the state finance law and the state tech- nology law, in relation to defining the term technology to include computer information, electronic information, interconnected systems and related material thereto (Part Y); to amend section 1 of part S of chapter 56 of the laws of 2010, relating to establishing a joint appointing authority for the state financial system project, in relation to statewide financial system procurements (Part Z); to amend chapter 95 of the laws of 2000 amending the state finance law, the general municipal law, the public buildings law and other laws relat- ing to bonds, notes and revenues, in relation to extending the effec- tiveness thereof (Part AA); intentionally omitted (Part BB); inten- tionally omitted (Part CC); intentionally omitted (Part DD); intentionally omitted (Part EE); to amend the alcoholic beverage control law, in relation to establishing the hours during which alco- holic beverages may be sold in certain international airport property (Part FF); intentionally omitted (Part GG); intentionally omitted (Part HH); intentionally omitted (Part II); to amend the election law, in relation to conducting a full manual recount on all ballots (Part JJ); intentionally omitted (Part KK); intentionally omitted (Part LL); intentionally omitted (Part MM); to amend the tax law and the public authorities law, in relation to AIM-related sales tax payments in the counties of Nassau and Erie (Part NN); intentionally omitted (Part OO); to amend the domestic relations law, in relation to including acts of domestic violence in the criteria the court shall consider inS. 7505--B 4 A. 9505--B determining the equitable disposition of property during divorce proceedings (Part PP); to amend the public authorities law, in relation to ensuring pay equity at state and local public authorities (Part QQ); intentionally omitted (Part RR); intentionally omitted (Part SS); intentionally omitted (Part TT); to amend the executive law, in relation to disclosure requirements for certain nonprofits (Part UU); intentionally omitted (Part VV); to amend part E of chapter 60 of the laws of 2015, establishing a commission on legislative, judicial and executive compensation, and providing for the powers and duties of the commission and for the dissolution of the commission, in relation to the powers of the members of the commission (Part WW); to amend the public health law, in relation to rights of sexual offense victims; and to repeal section 631-b of the executive law relating thereto (Subpart A); to amend the executive law, in relation to regu- latory fines for small businesses; and to amend a chapter of the laws of 2019, amending the executive law relating to regulatory fines for small businesses, in relation to the effectiveness thereof (Subpart B); to amend a chapter of the laws of 2019, authorizing the commis- sioner of general services to transfer and convey certain state land to the city of New Rochelle, as proposed in legislative bills numbers S.6228-A and A.7846-A, in relation to specifying the use for which certain state lands are to be transferred to the city of New Rochelle (Subpart C); to amend the social services law, in relation to exempt- ing income earned by persons under the age of twenty-four from certain workforce development programs from the determination of need for public assistance programs (Subpart D); to amend the real property tax law, in relation to making technical changes to allow exemption from certain special districts (Subpart E); to amend the labor law, in relation to adding components sold with instructions to combine such components to create combustion or detonation to the definition of "explosives"; and to repeal certain provisions of such law relating thereto (Subpart F); to amend the private housing finance law, in relation to persons and families in company projects who are required to pay a rental surcharge (Subpart G); to amend a chapter of the laws of 2019, relating to directing the metropolitan transportation author- ity to rename certain subway stations, as proposed in legislative bills numbers S. 3439-A and A. 1512-A, in relation to directing the metropolitan transportation authority and the New York City transit authority to rename certain subway stations (Subpart H); to amend chapter 383 of the laws of 2019 amending the public authorities law relating to the Roosevelt Island operating corporation, in relation to the continuity of the Roosevelt Island operating corporation (Subpart I); to amend the elder law, in relation to the state office for the aging sexual discrimination training program; and to repeal certain provisions of such law related thereto (Subpart J); to amend the insurance law, in relation to policies or contracts which are not included in the definition of student accident and health insurance (Subpart K); to amend the family court act and the social services law, in relation to notice of indicated reports of child maltreatment and changes of placement in child protective and voluntary foster care placement and review proceedings (Subpart L); to amend the election law, in relation to voter registration form distribution and assist- ance (Subpart M); to amend the election law, in relation to canvass of ballots cast by certain voters (Subpart N); to amend the labor law, in relation to requiring the licensing of persons engaged in the design, construction, inspection, maintenance, alteration, and repair ofS. 7505--B 5 A. 9505--B elevators and other automated people moving devices; to amend the state finance law, in relation to availability of funds from the elevator and related conveyances safety program account; to amend the administrative code of the city of New York, in relation to the defi- nition of elevator work and elevator agency technician license quali- fications and exemptions; to amend part B of a chapter of the laws of 2019, amending the administrative code of the city of New York relat- ing to the licensing of approved elevator agency directors, inspec- tors, and technicians performing elevator work in the city of New York as proposed in legislative bills numbers S. 4080-C and A. 4509-A, in relation to the effectiveness thereof; to amend part A of a chapter of the laws of 2019, amending the labor law and the state finance law relating to requiring the licensing of persons engaged in the design, construction, inspection, maintenance, alteration, and repair of elevators and other automated people moving devices, as proposed in legislative bills numbers S. 4080-C and A. 4509-A, in relation to the effectiveness thereof; and repealing certain provisions of the labor law and the administrative code of the city of New York relating ther- eto (Subpart O); to amend the general municipal law, in relation to proof of eligibility for volunteer firefighter enhanced cancer disa- bility benefits; and to repeal certain provisions of the general municipal law relating thereto (Subpart P); to amend the insurance law, in relation to "lease-end" charges (Subpart Q); to amend the labor law, in relation to the New York call center jobs act (Subpart R); to amend the public health law and the executive law, in relation to HIV post-exposure prophylaxis and other health care services for sexual assault victims; and to amend a chapter of the laws of 2019, amending the public health law and the executive law relating to HIV post-exposure prophylaxis and other health care services for sexual assault victims, as proposed in legislative bills numbers S. 2279-A and A. 1204-A in relation to the effectiveness thereof (Subpart S); to amend a chapter of the laws of 2019 amending the tax law and the state finance law relating to gifts for the support of the New York state council on the arts, as proposed in legislative bills numbers S. 3570 and A. 7994, in relation to making technical corrections thereto (Subpart T); to amend the tax law, in relation to the senior wellness in nutrition fund (Subpart U); to amend the tax law and administrative code of the city of New York, in relation to the definition of a research tobacco product (Subpart V); to amend the alcoholic beverage control law, in relation to authorizing retail licensees to purchase beer with a business payment card; and to repeal certain provisions of such law relating thereto (Subpart W); to amend the tax law, in relation to a television writers' and directors' fees and salaries credit; and to amend a chapter of the laws of 2019 amending the tax law relating to a television writers' and directors' fees and salaries credit, as proposed in legislative bills numbers S. 5864-A and A. 6683-B, in relation to a television writers' and directors' fees and salaries credit and the effectiveness thereof (Subpart X); to amend the public service law, in relation to the payment of wages to work- ers; and to repeal a chapter of the laws of 2019, amending the labor law relating to ensuring that utility employees receive the prevailing wage (Subpart Y); to amend the real property law, in relation to regu- lation of reverse mortgage loans issued under the federal home equity conversion mortgage for seniors program (Subpart Z); to amend the environmental conservation law, in relation to regulation of toxic chemicals in children's products (Subpart AA); to amend the localS. 7505--B 6 A. 9505--B finance law, in relation to the electronic open auction public bond sale pilot program (Subpart BB); and to amend chapter 9 of the laws of 2020 relating to allowing the commissioner of transportation to impound or immobilize stretch limousines in certain situations, in relation to the effectiveness thereof (Subpart CC)(Part XX); to amend the public authorities law, in relation to the Nassau county interim finance authority (Part YY); to repeal subdivision 1 of paragraph b of section 33.10 of the local finance law, relating to the issuance of bonds in the county of Westchester (Part ZZ); and to amend the election law, in relation to time allowed employees to vote (Part AAA) 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 necessary to implement the state public protection and general govern- 3 ment budget for the 2020--2021 state fiscal year. Each component is 4 wholly contained within a Part identified as Parts A through AAA. The 5 effective date for each particular provision contained within such Part 6 is set forth in the last section of such Part. Any provision in any 7 section contained within a Part, including the effective date of the 8 Part, which makes a reference to a section "of this act", when used in 9 connection with that particular component, shall be deemed to mean and 10 refer to the corresponding section of the Part in which it is found. 11 Section three of this act sets forth the general effective date of this 12 act. 13 PART A 14 Section 1. Section 2 of chapter 887 of the laws of 1983, amending the 15 correction law relating to the psychological testing of candidates, as 16 amended by section 1 of part O of chapter 55 of the laws of 2019, is 17 amended to read as follows: 18 § 2. This act shall take effect on the one hundred eightieth day after 19 it shall have become a law and shall remain in effect until September 1, 20 [2020] 2021. 21 § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu- 22 tive law and the criminal procedure law relating to expanding the 23 geographic area of employment of certain police officers, as amended by 24 section 2 of part O of chapter 55 of the laws of 2019, is amended to 25 read as follows: 26 § 3. This act shall take effect on the first day of November next 27 succeeding the date on which it shall have become a law, and shall 28 remain in effect until the first day of September, [2020] 2021, when it 29 shall expire and be deemed repealed. 30 § 3. Section 3 of chapter 886 of the laws of 1972, amending the 31 correction law and the penal law relating to prisoner furloughs in 32 certain cases and the crime of absconding therefrom, as amended by 33 section 3 of part O of chapter 55 of the laws of 2019, is amended to 34 read as follows: 35 § 3. This act shall take effect 60 days after it shall have become a 36 law and shall remain in effect until September 1, [2020] 2021. 37 § 4. Section 20 of chapter 261 of the laws of 1987, amending chapters 38 50, 53 and 54 of the laws of 1987, the correction law, the penal law and 39 other chapters and laws relating to correctional facilities, as amendedS. 7505--B 7 A. 9505--B 1 by section 4 of part O of chapter 55 of the laws of 2019, is amended to 2 read as follows: 3 § 20. This act shall take effect immediately except that section thir- 4 teen of this act shall expire and be of no further force or effect on 5 and after September 1, [2020] 2021 and shall not apply to persons 6 committed to the custody of the department after such date, and provided 7 further that the commissioner of corrections and community supervision 8 shall report each January first and July first during such time as the 9 earned eligibility program is in effect, to the chairmen of the senate 10 crime victims, crime and correction committee, the senate codes commit- 11 tee, the assembly correction committee, and the assembly codes commit- 12 tee, the standards in effect for earned eligibility during the prior 13 six-month period, the number of inmates subject to the provisions of 14 earned eligibility, the number who actually received certificates of 15 earned eligibility during that period of time, the number of inmates 16 with certificates who are granted parole upon their first consideration 17 for parole, the number with certificates who are denied parole upon 18 their first consideration, and the number of individuals granted and 19 denied parole who did not have earned eligibility certificates. 20 § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992, 21 amending the tax law and other laws relating to taxes, surcharges, fees 22 and funding, as amended by section 5 of part O of chapter 55 of the laws 23 of 2019, is amended to read as follows: 24 (q) the provisions of section two hundred eighty-four of this act 25 shall remain in effect until September 1, [2020] 2021 and be applicable 26 to all persons entering the program on or before August 31, [2020] 2021. 27 § 6. Section 10 of chapter 339 of the laws of 1972, amending the 28 correction law and the penal law relating to inmate work release, 29 furlough and leave, as amended by section 6 of part O of chapter 55 of 30 the laws of 2019, is amended to read as follows: 31 § 10. This act shall take effect 30 days after it shall have become a 32 law and shall remain in effect until September 1, [2020] 2021, and 33 provided further that the commissioner of correctional services shall 34 report each January first, and July first, to the chairman of the senate 35 crime victims, crime and correction committee, the senate codes commit- 36 tee, the assembly correction committee, and the assembly codes commit- 37 tee, the number of eligible inmates in each facility under the custody 38 and control of the commissioner who have applied for participation in 39 any program offered under the provisions of work release, furlough, or 40 leave, and the number of such inmates who have been approved for partic- 41 ipation. 42 § 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994, 43 relating to certain provisions which impact upon expenditure of certain 44 appropriations made by chapter 50 of the laws of 1994, enacting the 45 state operations budget, as amended by section 7 of part O of chapter 55 46 of the laws of 2019, is amended to read as follows: 47 (c) sections forty-one and forty-two of this act shall expire Septem- 48 ber 1, [2020] 2021; provided, that the provisions of section forty-two 49 of this act shall apply to inmates entering the work release program on 50 or after such effective date; and 51 § 8. Subdivision h of section 74 of chapter 3 of the laws of 1995, 52 amending the correction law and other laws relating to the incarceration 53 fee, as amended by section 8 of part O of chapter 55 of the laws of 54 2019, is amended to read as follows: 55 h. Section fifty-two of this act shall be deemed to have been in full 56 force and effect on and after April 1, 1995; provided, however, that theS. 7505--B 8 A. 9505--B 1 provisions of section 189 of the correction law, as amended by section 2 fifty-five of this act, subdivision 5 of section 60.35 of the penal law, 3 as amended by section fifty-six of this act, and section fifty-seven of 4 this act shall expire September 1, [2020] 2021, when upon such date the 5 amendments to the correction law and penal law made by sections fifty- 6 five and fifty-six of this act shall revert to and be read as if the 7 provisions of this act had not been enacted; provided, however, that 8 sections sixty-two, sixty-three and sixty-four of this act shall be 9 deemed to have been in full force and effect on and after March 1, 1995 10 and shall be deemed repealed April 1, 1996 and upon such date the 11 provisions of subsection (e) of section 9110 of the insurance law and 12 subdivision 2 of section 89-d of the state finance law shall revert to 13 and be read as set out in law on the date immediately preceding the 14 effective date of sections sixty-two and sixty-three of this act; 15 § 9. Subdivision (c) of section 49 of subpart A of part C of chapter 16 62 of the laws of 2011, amending the correction law and the executive 17 law relating to merging the department of correctional services and 18 division of parole into the department of corrections and community 19 supervision, as amended by section 9 of part O of chapter 55 of the laws 20 of 2019, is amended to read as follows: 21 (c) that the amendments to subdivision 9 of section 201 of the 22 correction law as added by section thirty-two of this act shall remain 23 in effect until September 1, [2020] 2021, when it shall expire and be 24 deemed repealed; 25 § 10. Subdivision (aa) of section 427 of chapter 55 of the laws of 26 1992, amending the tax law and other laws relating to taxes, surcharges, 27 fees and funding, as amended by section 10 of part O of chapter 55 of 28 the laws of 2019, is amended to read as follows: 29 (aa) the provisions of sections three hundred eighty-two, three 30 hundred eighty-three and three hundred eighty-four of this act shall 31 expire on September 1, [2020] 2021; 32 § 11. Section 12 of chapter 907 of the laws of 1984, amending the 33 correction law, the New York city criminal court act and the executive 34 law relating to prison and jail housing and alternatives to detention 35 and incarceration programs, as amended by section 11 of part O of chap- 36 ter 55 of the laws of 2019, is amended to read as follows: 37 § 12. This act shall take effect immediately, except that the 38 provisions of sections one through ten of this act shall remain in full 39 force and effect until September 1, [2020] 2021 on which date those 40 provisions shall be deemed to be repealed. 41 § 12. Subdivision (p) of section 406 of chapter 166 of the laws of 42 1991, amending the tax law and other laws relating to taxes, as amended 43 by section 12 of part O of chapter 55 of the laws of 2019, is amended to 44 read as follows: 45 (p) The amendments to section 1809 of the vehicle and traffic law made 46 by sections three hundred thirty-seven and three hundred thirty-eight of 47 this act shall not apply to any offense committed prior to such effec- 48 tive date; provided, further, that section three hundred forty-one of 49 this act shall take effect immediately and shall expire November 1, 1993 50 at which time it shall be deemed repealed; sections three hundred 51 forty-five and three hundred forty-six of this act shall take effect 52 July 1, 1991; sections three hundred fifty-five, three hundred fifty- 53 six, three hundred fifty-seven and three hundred fifty-nine of this act 54 shall take effect immediately and shall expire June 30, 1995 and shall 55 revert to and be read as if this act had not been enacted; section three 56 hundred fifty-eight of this act shall take effect immediately and shallS. 7505--B 9 A. 9505--B 1 expire June 30, 1998 and shall revert to and be read as if this act had 2 not been enacted; section three hundred sixty-four through three hundred 3 sixty-seven of this act shall apply to claims filed on or after such 4 effective date; sections three hundred sixty-nine, three hundred seven- 5 ty-two, three hundred seventy-three, three hundred seventy-four, three 6 hundred seventy-five and three hundred seventy-six of this act shall 7 remain in effect until September 1, [2020] 2021, at which time they 8 shall be deemed repealed; provided, however, that the mandatory 9 surcharge provided in section three hundred seventy-four of this act 10 shall apply to parking violations occurring on or after said effective 11 date; and provided further that the amendments made to section 235 of 12 the vehicle and traffic law by section three hundred seventy-two of this 13 act, the amendments made to section 1809 of the vehicle and traffic law 14 by sections three hundred thirty-seven and three hundred thirty-eight of 15 this act and the amendments made to section 215-a of the labor law by 16 section three hundred seventy-five of this act shall expire on September 17 1, [2020] 2021 and upon such date the provisions of such subdivisions 18 and sections shall revert to and be read as if the provisions of this 19 act had not been enacted; the amendments to subdivisions 2 and 3 of 20 section 400.05 of the penal law made by sections three hundred seventy- 21 seven and three hundred seventy-eight of this act shall expire on July 22 1, 1992 and upon such date the provisions of such subdivisions shall 23 revert and shall be read as if the provisions of this act had not been 24 enacted; the state board of law examiners shall take such action as is 25 necessary to assure that all applicants for examination for admission to 26 practice as an attorney and counsellor at law shall pay the increased 27 examination fee provided for by the amendment made to section 465 of the 28 judiciary law by section three hundred eighty of this act for any exam- 29 ination given on or after the effective date of this act notwithstanding 30 that an applicant for such examination may have prepaid a lesser fee for 31 such examination as required by the provisions of such section 465 as of 32 the date prior to the effective date of this act; the provisions of 33 section 306-a of the civil practice law and rules as added by section 34 three hundred eighty-one of this act shall apply to all actions pending 35 on or commenced on or after September 1, 1991, provided, however, that 36 for the purposes of this section service of such summons made prior to 37 such date shall be deemed to have been completed on September 1, 1991; 38 the provisions of section three hundred eighty-three of this act shall 39 apply to all money deposited in connection with a cash bail or a 40 partially secured bail bond on or after such effective date; and the 41 provisions of sections three hundred eighty-four and three hundred 42 eighty-five of this act shall apply only to jury service commenced 43 during a judicial term beginning on or after the effective date of this 44 act; provided, however, that nothing contained herein shall be deemed to 45 affect the application, qualification, expiration or repeal of any 46 provision of law amended by any section of this act and such provisions 47 shall be applied or qualified or shall expire or be deemed repealed in 48 the same manner, to the same extent and on the same date as the case may 49 be as otherwise provided by law; 50 § 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as 51 amended by section 13 of part O of chapter 55 of the laws of 2019, is 52 amended to read as follows: 53 8. The provisions of this section shall only apply to offenses commit- 54 ted on or before September first, two thousand [twenty] twenty-one. 55 § 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi- 56 cle and traffic law relating to the ignition interlock device program,S. 7505--B 10 A. 9505--B 1 as amended by section 14 of part O of chapter 55 of the laws of 2019, is 2 amended to read as follows: 3 § 6. This act shall take effect on the first day of April next 4 succeeding the date on which it shall have become a law; provided, 5 however, that effective immediately, the addition, amendment or repeal 6 of any rule or regulation necessary for the implementation of the fore- 7 going sections of this act on their effective date is authorized and 8 directed to be made and completed on or before such effective date and 9 shall remain in full force and effect until the first day of September, 10 [2020] 2021 when upon such date the provisions of this act shall be 11 deemed repealed. 12 § 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the 13 laws of 1997, amending the military law and other laws relating to vari- 14 ous provisions, as amended by section 15 of part O of chapter 55 of the 15 laws of 2019, is amended to read as follows: 16 a. sections forty-three through forty-five of this act shall expire 17 and be deemed repealed on September 1, [2020] 2021; 18 § 16. Section 4 of part D of chapter 412 of the laws of 1999, amending 19 the civil practice law and rules and the court of claims act relating to 20 prisoner litigation reform, as amended by section 16 of part O of chap- 21 ter 55 of the laws of 2019, is amended to read as follows: 22 § 4. This act shall take effect 120 days after it shall have become a 23 law and shall remain in full force and effect until September 1, [2020] 24 2021, when upon such date it shall expire. 25 § 17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994, 26 constituting the family protection and domestic violence intervention 27 act of 1994, as amended by section 17 of part O of chapter 55 of the 28 laws of 2019, is amended to read as follows: 29 2. Subdivision 4 of section 140.10 of the criminal procedure law as 30 added by section thirty-two of this act shall take effect January 1, 31 1996 and shall expire and be deemed repealed on September 1, [2020] 32 2021. 33 § 18. Section 5 of chapter 505 of the laws of 1985, amending the crim- 34 inal procedure law relating to the use of closed-circuit television and 35 other protective measures for certain child witnesses, as amended by 36 section 18 of part O of chapter 55 of the laws of 2019, is amended to 37 read as follows: 38 § 5. This act shall take effect immediately and shall apply to all 39 criminal actions and proceedings commenced prior to the effective date 40 of this act but still pending on such date as well as all criminal 41 actions and proceedings commenced on or after such effective date and 42 its provisions shall expire on September 1, [2020] 2021, when upon such 43 date the provisions of this act shall be deemed repealed. 44 § 19. Subdivision d of section 74 of chapter 3 of the laws of 1995, 45 enacting the sentencing reform act of 1995, as amended by section 19 of 46 part O of chapter 55 of the laws of 2019, is amended to read as follows: 47 d. Sections one-a through twenty, twenty-four through twenty-eight, 48 thirty through thirty-nine, forty-two and forty-four of this act shall 49 be deemed repealed on September 1, [2020] 2021; 50 § 20. Section 2 of chapter 689 of the laws of 1993, amending the crim- 51 inal procedure law relating to electronic court appearance in certain 52 counties, as amended by section 20 of part O of chapter 55 of the laws 53 of 2019, is amended to read as follows: 54 § 2. This act shall take effect immediately, except that the 55 provisions of this act shall be deemed to have been in full force and 56 effect since July 1, 1992 and the provisions of this act shall expireS. 7505--B 11 A. 9505--B 1 September 1, [2020] 2021 when upon such date the provisions of this act 2 shall be deemed repealed. 3 § 21. Section 3 of chapter 688 of the laws of 2003, amending the exec- 4 utive law relating to enacting the interstate compact for adult offender 5 supervision, as amended by section 21 of part O of chapter 55 of the 6 laws of 2019, is amended to read as follows: 7 § 3. This act shall take effect immediately, except that section one 8 of this act shall take effect on the first of January next succeeding 9 the date on which it shall have become a law, and shall remain in effect 10 until the first of September, [2020] 2021, upon which date this act 11 shall be deemed repealed and have no further force and effect; provided 12 that section one of this act shall only take effect with respect to any 13 compacting state which has enacted an interstate compact entitled 14 "Interstate compact for adult offender supervision" and having an iden- 15 tical effect to that added by section one of this act and provided 16 further that with respect to any such compacting state, upon the effec- 17 tive date of section one of this act, section 259-m of the executive law 18 is hereby deemed REPEALED and section 259-mm of the executive law, as 19 added by section one of this act, shall take effect; and provided 20 further that with respect to any state which has not enacted an inter- 21 state compact entitled "Interstate compact for adult offender super- 22 vision" and having an identical effect to that added by section one of 23 this act, section 259-m of the executive law shall take effect and the 24 provisions of section one of this act, with respect to any such state, 25 shall have no force or effect until such time as such state shall adopt 26 an interstate compact entitled "Interstate compact for adult offender 27 supervision" and having an identical effect to that added by section one 28 of this act in which case, with respect to such state, effective imme- 29 diately, section 259-m of the executive law is deemed repealed and 30 section 259-mm of the executive law, as added by section one of this 31 act, shall take effect. 32 § 22. Section 8 of part H of chapter 56 of the laws of 2009, amending 33 the correction law relating to limiting the closing of certain correc- 34 tional facilities, providing for the custody by the department of 35 correctional services of inmates serving definite sentences, providing 36 for custody of federal prisoners and requiring the closing of certain 37 correctional facilities, as amended by section 22 of part O of chapter 38 55 of the laws of 2019, is amended to read as follows: 39 § 8. This act shall take effect immediately; provided, however that 40 sections five and six of this act shall expire and be deemed repealed 41 September 1, [2020] 2021. 42 § 23. Section 3 of part C of chapter 152 of the laws of 2001, amending 43 the military law relating to military funds of the organized militia, as 44 amended by section 23 of part O of chapter 55 of the laws of 2019, is 45 amended to read as follows: 46 § 3. This act shall take effect immediately; provided however that the 47 amendments made to subdivision 1 of section 221 of the military law by 48 section two of this act shall expire and be deemed repealed September 1, 49 [2020] 2021. 50 § 24. Section 5 of chapter 554 of the laws of 1986, amending the 51 correction law and the penal law relating to providing for community 52 treatment facilities and establishing the crime of absconding from the 53 community treatment facility, as amended by section 24 of part O of 54 chapter 55 of the laws of 2019, is amended to read as follows: 55 § 5. This act shall take effect immediately and shall remain in full 56 force and effect until September 1, [2020] 2021, and provided furtherS. 7505--B 12 A. 9505--B 1 that the commissioner of correctional services shall report each January 2 first and July first during such time as this legislation is in effect, 3 to the chairmen of the senate crime victims, crime and correction 4 committee, the senate codes committee, the assembly correction commit- 5 tee, and the assembly codes committee, the number of individuals who are 6 released to community treatment facilities during the previous six-month 7 period, including the total number for each date at each facility who 8 are not residing within the facility, but who are required to report to 9 the facility on a daily or less frequent basis. 10 § 25. Section 2 of part F of chapter 55 of the laws of 2018, amending 11 the criminal procedure law relating to pre-criminal proceeding settle- 12 ments in the city of New York, as amended by section 25 of part O of 13 chapter 55 of the laws of 2019, is amended to read as follows: 14 § 2. This act shall take effect immediately and shall remain in full 15 force and effect until March 31, [2020] 2021, when it shall expire and 16 be deemed repealed. 17 § 26. This act shall take effect immediately, provided however that 18 section twenty-five of this act shall be deemed to have been in full 19 force and effect on and after March 31, 2020. 20 PART B 21 Intentionally Omitted 22 PART C 23 Intentionally Omitted 24 PART D 25 Intentionally Omitted 26 PART E 27 Section 1. The state finance law is amended by adding a new section 28 99-hh to read as follows: 29 § 99-hh. Criminal justice discovery compensation fund. 1. There is 30 hereby established in the joint custody of the state comptroller and the 31 commissioner of taxation and finance a fund to be known as the criminal 32 justice discovery compensation fund. 33 2. (a) Such fund shall consist of forty million dollars upon immediate 34 transfer from funds secured by payments associated with state sanctioned 35 deferred prosecution agreements currently held on deposit with the 36 office of the Manhattan district attorney. 37 (b) The office of the Manhattan district attorney shall annually remit 38 forty million dollars of future state sanctioned deferred prosecution 39 agreement funds which have been secured by January first of the subse- 40 quent year. If forty million dollars in future funding has not been 41 secured, the office of the Manhattan district attorney shall transfer 42 forty million dollars from funds secured by payments associated with 43 state sanctioned deferred prosecution agreements currently held on 44 deposit with the office of the Manhattan district attorney by January 45 first. 46 3. Monies of the criminal justice discovery compensation fund, follow- 47 ing appropriation by the legislature and allocation by the director of 48 the budget, shall be made available for local assistance services andS. 7505--B 13 A. 9505--B 1 expenses related to discovery reform implementation, including but not 2 limited to, digital evidence transmission technology, administrative 3 support, computers, hardware and operating software, data connectivity, 4 development of training materials, staff training, overtime costs, liti- 5 gation readiness, and pretrial services. Eligible entities shall 6 include, but not be limited to counties, cities with populations less 7 than one million, and law enforcement and prosecutorial entities within 8 towns and villages. 9 § 2. Section 95.00 of the criminal procedure law, as added by section 10 1 of part F of chapter 55 of the laws of 2018, is amended to read as 11 follows: 12 § 95.00 Pre-criminal proceeding settlement. 13 When a county district attorney of a county located in a city of one 14 million or more recovers monies before the filing of an accusatory 15 instrument as defined in subdivision one of section 1.20 of this chap- 16 ter, after injured parties have been appropriately compensated, the 17 district attorney's office shall retain a percentage of the remaining 18 such monies in recognition that such monies were recovered as a result 19 of investigations undertaken by such office. For each recovery the total 20 amount of such monies to be retained by the county district attorney's 21 office shall equal ten percent of the first twenty-five million dollars 22 received by such office, plus seven and one-half percent of such monies 23 received by such office in excess of twenty-five million dollars but 24 less than fifty million dollars, plus five percent of any such monies 25 received by such office in excess of fifty million dollars but less than 26 one hundred million dollars, plus one percent of such monies received by 27 such office in excess of one hundred million dollars. The remainder of 28 such monies shall be paid by the district attorney's office to the state 29 and to the county in equal amounts within thirty days of receipt, where 30 disposition of such monies is not otherwise prescribed by law. Monies 31 distributed to a county district attorney's office pursuant to this 32 section shall be used to enhance law enforcement efforts within the 33 state of New York. On December first of each year, every district attor- 34 ney shall provide the governor, temporary president of the senate and 35 speaker of the assembly with an annual report detailing the total amount 36 of monies received as described herein by his or her office [and], a 37 description of how and where such funds, and an itemization of funds 38 received in the previous ten years, were distributed by his or her 39 office but shall not include a description of the distribution of monies 40 where the disclosure of such information would interfere with a law 41 enforcement investigation or a judicial proceeding, and the current 42 total balance of monies held on deposit for state sanctioned deferred 43 prosecution agreements. The report shall include a detailed description 44 of any entity to which funds are distributed, including but not limited 45 to, whether it is a profit or not-for-profit entity, where it is 46 located, and the intended use of the monies distributed, and shall state 47 the law enforcement purpose. 48 § 3. This act shall take effect immediately; provided, however, that 49 subdivision 2 of section 99-hh of the state finance law, as added by 50 section one of this act, shall expire and be deemed repealed March 31, 51 2022, and provided, further that the amendments to section 95.00 of the 52 criminal procedure law made by section two of this act shall not affect 53 the repeal of such section and shall be deemed repealed therewith. 54 PART FS. 7505--B 14 A. 9505--B 1 Section 1. Notwithstanding the provisions of sections 79-a and 79-b of 2 the correction law, the governor is authorized to close correctional 3 facilities of the department of corrections and community supervision, 4 in the state fiscal year 2020-2021, as he determines to be necessary for 5 the cost-effective and efficient operation of the correctional system, 6 provided that the governor provides at least 90 days notice prior to any 7 such closures to the temporary president of the senate and the speaker 8 of the assembly. Such notice shall include the list of facilities the 9 governor plans to close, the number of incarcerated individuals in said 10 facilities, and the number of staff working in said facilities. The 11 commissioner of corrections and community supervision shall also report 12 in detail to the temporary president of the senate and the speaker of 13 the assembly on the results of staff relocation efforts within 60 days 14 after such closure. 15 § 2. This act shall take effect immediately and shall be deemed to 16 have been in full force and effect on and after April 1, 2020 and shall 17 expire and be deemed repealed March 31, 2021. 18 PART G 19 Section 1. Paragraph (a-1) of subdivision 4 of section 70.20 of the 20 penal law is REPEALED. 21 § 2. Section 77 of the correction law is REPEALED. 22 § 3. The correction law is amended by adding a new section 80 to read 23 as follows: 24 § 80. Transfer of adolescents from the department. The department and 25 the office of children and family services shall jointly establish a 26 transition plan and protocol to be used in transferring custody of all 27 adolescent offenders and individuals under the age of eighteen from the 28 custody of the department to the custody of the office of children and 29 family services on or before October first, two thousand twenty. The 30 plan and protocol shall be completed on or before July first, two thou- 31 sand twenty. 32 § 4. The section heading and subdivisions 1, 2, 7 and 8 of section 508 33 of the executive law, the section heading as added by chapter 481 of the 34 laws of 1978, subdivision 1 as amended by chapter 738 of the laws of 35 2004, subdivisions 2, 7 and 8 as amended by section 82 of part WWW of 36 chapter 59 of the laws of 2017 and such section as renumbered by chapter 37 465 of the laws of 1992, are amended to read as follows: 38 Juvenile offender and adolescent offender facilities. 1. The office of 39 children and family services shall maintain secure facilities for the 40 care and confinement of juvenile offenders and adolescent offenders 41 committed for [an indeterminate, determinate or definite] a sentence 42 pursuant to the sentencing provisions of the penal law. Such facilities 43 shall provide appropriate services to juvenile offenders and adolescent 44 offenders including but not limited to residential care, educational and 45 vocational training, physical and mental health services, and employment 46 counseling. 47 2. Juvenile offenders and adolescent offenders shall be confined in 48 such facilities until the age of twenty-one in accordance with their 49 sentences, and shall not be released, discharged or permitted home 50 visits except pursuant to the provisions of this section. 51 7. While in the custody of the office of children and family services, 52 an offender shall be subject to the rules and regulations of the office, 53 except that his or her parole, temporary release and discharge shall be 54 governed by the laws applicable to inmates of state correctional facili-S. 7505--B 15 A. 9505--B 1 ties and his or her transfer to state hospitals in the office of mental 2 health shall be governed by section five hundred nine of this [chapter] 3 article; provided, however, that an otherwise eligible offender may 4 receive the six-month limited credit time allowance for successful 5 participation in one or more programs developed by the office of chil- 6 dren and family services that are comparable to the programs set forth 7 in section eight hundred three-b of the correction law, taking into 8 consideration the age of offenders. The commissioner of the office of 9 children and family services shall, however, establish and operate 10 temporary release programs at office of children and family services 11 facilities for eligible juvenile offenders and adolescent offenders and 12 contract with the department of corrections and community supervision 13 for the provision of parole supervision services for temporary releas- 14 ees. The rules and regulations for these programs shall not be incon- 15 sistent with the laws for temporary release applicable to inmates of 16 state correctional facilities. For the purposes of temporary release 17 programs for juvenile offenders and adolescent offenders only, when 18 referred to or defined in article twenty-six of the correction law, 19 "institution" shall mean any facility designated by the commissioner of 20 the office of children and family services, "department" shall mean the 21 office of children and family services, "inmate" shall mean a juvenile 22 offender or adolescent offender residing in an office of children and 23 family services facility, and "commissioner" shall mean the commissioner 24 of the office of children and family services. Time spent in office of 25 children and family services facilities and in juvenile detention facil- 26 ities shall be credited towards the sentence imposed in the same manner 27 and to the same extent applicable to inmates of state correctional 28 facilities. 29 8. Whenever a juvenile offender, adolescent offender or a juvenile 30 offender or adolescent offender adjudicated a youthful offender shall be 31 delivered to the director of an office of children and family services 32 facility pursuant to a commitment to the office of children and family 33 services, the officer so delivering such person shall deliver to such 34 facility director a certified copy of the sentence received by such 35 officer from the clerk of the court by which such person shall have been 36 sentenced, a copy of the report of the probation officer's investigation 37 and report, any other pre-sentence memoranda filed with the court, a 38 copy of the person's fingerprint records, a detailed summary of avail- 39 able medical records, psychiatric records and reports relating to 40 assaults, or other violent acts, attempts at suicide or escape by the 41 person while in the custody of a local detention facility. 42 § 5. Paragraphs (a), (b), (c), (d) and (e) of subdivision 2 of section 43 508 of the executive law are REPEALED. 44 § 6. This act shall take effect immediately; provided that: 45 a. sections one and four of this act shall take effect on the sixtieth 46 day after this act shall have become a law and the changes made by 47 section one shall apply to sentences ordered pursuant to section 70.20 48 of the penal law on or after the effective date; 49 b. section two of this act shall take effect October 1, 2020; and 50 c. section three of this act shall expire October 1, 2021 when upon 51 such date the provisions of such section shall be deemed repealed. 52 Effective immediately, the addition, amendment and/or repeal of any rule 53 or regulation necessary for the implementation of this act on its effec- 54 tive date are authorized to be made and completed on or before such 55 effective date.S. 7505--B 16 A. 9505--B 1 PART H 2 Intentionally Omitted 3 PART I 4 Section 1. Paragraph (b) of subdivision 6 of section 186-f of the tax 5 law, as amended by section 1 of part M of chapter 55 of the laws of 6 2018, is amended to read as follows: 7 (b) The sum of one million five hundred thousand dollars must be 8 deposited into the New York state emergency services revolving loan fund 9 annually; provided, however, that such sums shall not be deposited for 10 state fiscal years two thousand eleven--two thousand twelve, two thou- 11 sand twelve--two thousand thirteen, two thousand fourteen--two thousand 12 fifteen, two thousand fifteen--two thousand sixteen, two thousand 13 sixteen--two thousand seventeen, two thousand seventeen--two thousand 14 eighteen, two thousand eighteen--two thousand nineteen [and], two thou- 15 sand nineteen--two thousand twenty, two thousand twenty--two thousand 16 twenty-one and two thousand twenty-one--two thousand twenty-two; 17 § 2. This act shall take effect April 1, 2020. 18 PART J 19 Intentionally Omitted 20 PART K 21 Intentionally Omitted 22 PART L 23 Intentionally Omitted 24 PART M 25 Section 1. This act shall be known and may be cited as the "safe homes 26 and families act". 27 § 2. Section 140.10 of the criminal procedure law is amended by adding 28 a new subdivision 6 to read as follows: 29 6. (a) A police officer who responds to a report of a family offense 30 as defined in section 530.11 of this chapter and section eight hundred 31 twelve of the family court act may take temporary custody of any 32 firearm, rifle, electronic dart gun, electronic stun gun, disguised gun, 33 imitation weapon, shotgun, antique firearm, black powder rifle, black 34 powder shotgun, or muzzle-loading firearm that is in plain sight or is 35 discovered pursuant to a consensual or other lawful search, and shall 36 take temporary custody of any such weapon that is in the possession of 37 any person arrested for the commission of such family offense or 38 suspected of its commission. An officer who takes custody of any weapon 39 pursuant to this paragraph shall also take custody of any license to 40 carry, possess, repair, and dispose of such weapon issued to the person 41 arrested or suspected of such family offense. The officer shall deliver 42 such weapon and/or license to the appropriate law enforcement officer as 43 provided in subparagraph (f) of paragraph one of subdivision a of 44 section 265.20 of the penal law.S. 7505--B 17 A. 9505--B 1 (b) Upon taking custody of weapons or a license described in paragraph 2 (a) of this subdivision, the responding officer shall give the owner or 3 person in possession of such weapons or license a receipt describing 4 such weapons and/or license and indicating any identification or serial 5 number on such weapons. Such receipt shall indicate where the weapons 6 and/or license can be recovered and describe the process for recovery 7 provided in paragraph (e) of this subdivision. 8 (c) Not less than forty-eight hours after effecting such seizure, and 9 in the absence of (i) an order of protection, an extreme risk protection 10 order, or other court order prohibiting the owner from possessing such a 11 weapon and/or license, or (ii) a pending criminal charge or conviction 12 which prohibits such owner from possessing such a weapon and/or license, 13 and upon a written finding that there is no legal impediment to the 14 owner's possession of such a weapon and/or license, the court or, if no 15 court is involved, licensing authority or custodian of the weapon shall 16 direct return of a weapon not otherwise disposed of in accordance with 17 subdivision one of section 400.05 of the penal law and/or such license 18 taken into custody pursuant to this section. 19 (d) If any other person demonstrates that such person is the lawful 20 owner of any weapon taken into custody pursuant to this section, and 21 provided that the court or, if no court is involved, licensing authority 22 or custodian of the weapon has made a written finding that there is no 23 legal impediment to the person's possession of such a weapon, such 24 court, licensing authority or custodian of the weapon, as the case may 25 be, shall direct that such weapon be returned to such lawful owner. 26 (e) All weapons in the possession of a law enforcement official pursu- 27 ant to this section shall be subject to the provisions of applicable 28 law, including but not limited to subdivision six of section 400.05 of 29 the penal law; provided, however, that any such weapon shall be retained 30 and not disposed of by the law enforcement agency for at least two years 31 unless legally transferred by the owner to an individual permitted by 32 law to own and possess such weapon. 33 § 3. The section heading and paragraphs (a) and (b) of subdivision 1 34 of section 530.14 of the criminal procedure law, as amended by chapter 35 60 of the laws of 2018, are amended and a new paragraph (c) is added to 36 subdivision 1 to read as follows: 37 Suspension and revocation of a license to carry, possess, repair or 38 dispose of a firearm or firearms pursuant to section 400.00 of the penal 39 law and ineligibility for such a license; order to surrender firearms; 40 order to seize firearms. 41 (a) the court shall suspend any such existing license possessed by the 42 defendant, order the defendant ineligible for such a license and order 43 the immediate surrender of any or all firearms, rifles and shotguns 44 owned or possessed where the court receives information that gives the 45 court good cause to believe that (i) the defendant has a prior 46 conviction of any violent felony offense as defined in section 70.02 of 47 the penal law; (ii) the defendant has previously been found to have 48 willfully failed to obey a prior order of protection and such willful 49 failure involved (A) the infliction of physical injury, as defined in 50 subdivision nine of section 10.00 of the penal law, (B) the use or 51 threatened use of a deadly weapon or dangerous instrument as those terms 52 are defined in subdivisions twelve and thirteen of section 10.00 of the 53 penal law, or (C) behavior constituting any violent felony offense as 54 defined in section 70.02 of the penal law; or (iii) the defendant has a 55 prior conviction for stalking in the first degree as defined in section 56 120.60 of the penal law, stalking in the second degree as defined inS. 7505--B 18 A. 9505--B 1 section 120.55 of the penal law, stalking in the third degree as defined 2 in section 120.50 of the penal law or stalking in the fourth degree as 3 defined in section 120.45 of such law; [and] 4 (b) the court shall where the court finds a substantial risk that the 5 defendant may use or threaten to use a firearm, rifle or shotgun unlaw- 6 fully against the person or persons for whose protection the temporary 7 order of protection is issued, suspend any such existing license 8 possessed by the defendant, order the defendant ineligible for such a 9 license and order the immediate surrender pursuant to subparagraph (f) 10 of paragraph one of subdivision a of section 265.20 and subdivision six 11 of section 400.05 of the penal law, of any or all firearms, rifles and 12 shotguns owned or possessed[.]; and 13 (c) the court may where the defendant willfully refuses to surrender 14 such firearm, rifle or shotgun pursuant to paragraphs (a) and (b) of 15 this subdivision, or for other good cause shown, order the immediate 16 seizure of such firearm, rifle or shotgun, and search therefor, pursuant 17 to an order issued in accordance with article six hundred ninety of this 18 part, consistent with such rights as the defendant may derive from this 19 article or the constitution of this state or the United States. 20 § 4. Paragraphs (a) and (b) of subdivision 2 of section 530.14 of the 21 criminal procedure law, as amended by chapter 60 of the laws of 2018, 22 are amended and a new paragraph (c) is added to read as follows: 23 (a) the court shall revoke any such existing license possessed by the 24 defendant, order the defendant ineligible for such a license and order 25 the immediate surrender of any or all firearms, rifles and shotguns 26 owned or possessed where such action is required by section 400.00 of 27 the penal law; [and] 28 (b) the court shall where the court finds a substantial risk that the 29 defendant may use or threaten to use a firearm, [rifles] rifle or [shot-30guns] shotgun unlawfully against the person or persons for whose 31 protection the order of protection is issued, (i) revoke any such exist- 32 ing license possessed by the defendant, order the defendant ineligible 33 for such a license and order the immediate surrender of any or all 34 firearms, rifles and shotguns owned or possessed or (ii) suspend or 35 continue to suspend any such existing license possessed by the defend- 36 ant, order the defendant ineligible for such a license and order the 37 immediate surrender pursuant to subparagraph (f) of paragraph one of 38 subdivision a of section 265.20 and subdivision six of section 400.05 of 39 the penal law, of any or all firearms, rifles and shotguns owned or 40 possessed[.]; and 41 (c) the court may where the defendant willfully refuses to surrender 42 such firearm, rifle or shotgun pursuant to paragraphs (a) and (b) of 43 this subdivision, or for other good cause shown, order the immediate 44 seizure of such firearm, rifle or shotgun, and search therefor, pursuant 45 to an order issued in accordance with article six hundred ninety of this 46 part, consistent with such rights as the defendant may derive from this 47 article or the constitution of this state or the United States. 48 § 5. Paragraphs (a) and (b) of subdivision 3 of section 530.14 of the 49 criminal procedure law, as amended by chapter 60 of the laws of 2018, 50 are amended and a new paragraph (c) is added to read as follows: 51 (a) the court shall revoke any such existing license possessed by the 52 defendant, order the defendant ineligible for such a license and order 53 the immediate surrender of any or all firearms, rifles and shotguns 54 owned or possessed where the willful failure to obey such order involved 55 (i) the infliction of physical injury, as defined in subdivision nine of 56 section 10.00 of the penal law, (ii) the use or threatened use of aS. 7505--B 19 A. 9505--B 1 deadly weapon or dangerous instrument as those terms are defined in 2 subdivisions twelve and thirteen of section 10.00 of the penal law, 3 (iii) behavior constituting any violent felony offense as defined in 4 section 70.02 of the penal law; or (iv) behavior constituting stalking 5 in the first degree as defined in section 120.60 of the penal law, 6 stalking in the second degree as defined in section 120.55 of the penal 7 law, stalking in the third degree as defined in section 120.50 of the 8 penal law or stalking in the fourth degree as defined in section 120.45 9 of such law; [and] 10 (b) the court shall where the court finds a substantial risk that the 11 defendant may use or threaten to use a firearm, rifle or shotgun unlaw- 12 fully against the person or persons for whose protection the order of 13 protection was issued, (i) revoke any such existing license possessed by 14 the defendant, order the defendant ineligible for such a license and 15 order the immediate surrender pursuant to subparagraph (f) of paragraph 16 one of subdivision a of section 265.20 and subdivision six of section 17 400.05 of the penal law, of any or all firearms, rifles and shotguns 18 owned or possessed or (ii) suspend any such existing license possessed 19 by the defendant, order the defendant ineligible for such a license and 20 order the immediate surrender pursuant to subparagraph (f) of paragraph 21 one of subdivision a of section 265.20 and subdivision six of section 22 400.05 of the penal law, of any or all firearms, rifles and shotguns 23 owned or possessed[.]; and 24 (c) the court may where the defendant willfully refuses to surrender 25 such firearm, rifle or shotgun pursuant to paragraphs (a) and (b) of 26 this subdivision, or for other good cause shown, order the immediate 27 seizure of such firearm, rifle or shotgun, and search therefor, pursuant 28 to an order issued in accordance with article six hundred ninety of this 29 part, consistent with such rights as the defendant may derive from this 30 article or the constitution of this state or the United States. 31 § 6. Paragraph (b) of subdivision 5 of section 530.14 of the criminal 32 procedure law, as amended by chapter 60 of the laws of 2018, is amended 33 and a new paragraph (d) is added to read as follows: 34 (b) The prompt surrender of one or more firearms, rifles or shotguns 35 pursuant to a court order issued pursuant to this section shall be 36 considered a voluntary surrender for purposes of subparagraph (f) of 37 paragraph one of subdivision a of section 265.20 of the penal law. The 38 disposition of any such weapons, including weapons ordered to be seized 39 pursuant to this section and section eight hundred forty-two-a of the 40 family court act, shall be in accordance with the provisions of subdivi- 41 sion six of section 400.05 of the penal law; provided, however, that 42 upon termination of any suspension order issued pursuant to this section 43 or section eight hundred forty-two-a of the family court act, upon writ- 44 ten application of the subject of the order, with notice and opportunity 45 to be heard to the district attorney, the county attorney, the protected 46 party, and every licensing officer responsible for issuance of a 47 firearms license to the subject of the order pursuant to article four 48 hundred of the penal law, and upon a written finding that there is no 49 legal impediment to the subject's possession of a surrendered firearm, 50 rifle or shotgun, any court of record exercising criminal jurisdiction 51 may order the return of a firearm, rifle or shotgun not otherwise 52 disposed of in accordance with subdivision six of section 400.05 of the 53 penal law. When issuing such order in connection with any firearm 54 subject to a license requirement under article four hundred of the penal 55 law, if the licensing officer informs the court that he or she will seekS. 7505--B 20 A. 9505--B 1 to revoke the license, the order shall be stayed by the court until the 2 conclusion of any license revocation proceeding. 3 (d) If any other person demonstrates that such person is the lawful 4 owner of any weapon taken into custody pursuant to this section or 5 section eight hundred forty-two-a of the family court act, and provided 6 that the court has made a written finding that there is no legal imped- 7 iment to the person's possession of such a weapon, such court shall 8 direct that such weapon be returned to such lawful owner. 9 § 7. Subdivisions 6 and 7 of section 530.14 of the criminal procedure 10 law, as amended by chapter 60 of the laws of 2018, are amended to read 11 as follows: 12 6. Notice. (a) Where an order requiring surrender, revocation, suspen- 13 sion, seizure or ineligibility has been issued pursuant to this section, 14 any temporary order of protection or order of protection issued shall 15 state that such firearm license has been suspended or revoked or that 16 the defendant is ineligible for such license, as the case may be, and 17 that the defendant is prohibited from possessing any firearm, rifle or 18 shotgun. 19 (b) The court revoking or suspending the license, ordering the defend- 20 ant ineligible for such a license, or ordering the surrender or seizure 21 of any firearm, rifle or shotgun shall immediately notify the duly 22 constituted police authorities of the locality concerning such action 23 and, in the case of orders of protection and temporary orders of 24 protection issued pursuant to section 530.12 of this article, shall 25 immediately notify the statewide registry of orders of protection. 26 (c) The court revoking or suspending the license or ordering the 27 defendant ineligible for such a license shall give written notice there- 28 of without unnecessary delay to the division of state police at its 29 office in the city of Albany. 30 (d) Where an order of revocation, suspension, ineligibility [or], 31 surrender or seizure is modified or vacated, the court shall immediately 32 notify the statewide registry of orders of protection and the duly 33 constituted police authorities of the locality concerning such action 34 and shall give written notice thereof without unnecessary delay to the 35 division of state police at its office in the city of Albany. 36 7. Hearing. The defendant shall have the right to a hearing before the 37 court regarding any revocation, suspension, ineligibility [or], surren- 38 der or seizure order issued pursuant to this section, provided that 39 nothing in this subdivision shall preclude the court from issuing any 40 such order prior to a hearing. Where the court has issued such an order 41 prior to a hearing, it shall commence such hearing within fourteen days 42 of the date such order was issued. 43 § 8. The section heading and paragraphs (a) and (b) of subdivision 1 44 of section 842-a of the family court act, as amended by chapter 60 of 45 the laws of 2018, are amended and a new paragraph (c) is added to subdi- 46 vision 1 to read as follows: 47 Suspension and revocation of a license to carry, possess, repair or 48 dispose of a firearm or firearms pursuant to section 400.00 of the penal 49 law and ineligibility for such a license; order to surrender firearms; 50 order to seize firearms. 51 (a) the court shall suspend any such existing license possessed by the 52 respondent, order the respondent ineligible for such a license, and 53 order the immediate surrender pursuant to subparagraph (f) of paragraph 54 one of subdivision a of section 265.20 and subdivision six of section 55 400.05 of the penal law, of any or all firearms, rifles and shotguns 56 owned or possessed where the court receives information that gives theS. 7505--B 21 A. 9505--B 1 court good cause to believe that: (i) the respondent has a prior 2 conviction of any violent felony offense as defined in section 70.02 of 3 the penal law; (ii) the respondent has previously been found to have 4 willfully failed to obey a prior order of protection and such willful 5 failure involved (A) the infliction of physical injury, as defined in 6 subdivision nine of section 10.00 of the penal law, (B) the use or 7 threatened use of a deadly weapon or dangerous instrument as those terms 8 are defined in subdivisions twelve and thirteen of section 10.00 of the 9 penal law, or (C) behavior constituting any violent felony offense as 10 defined in section 70.02 of the penal law; or (iii) the respondent has a 11 prior conviction for stalking in the first degree as defined in section 12 120.60 of the penal law, stalking in the second degree as defined in 13 section 120.55 of the penal law, stalking in the third degree as defined 14 in section 120.50 of the penal law or stalking in the fourth degree as 15 defined in section 120.45 of such law; [and] 16 (b) the court shall where the court finds a substantial risk that the 17 respondent may use or threaten to use a firearm, rifle or shotgun unlaw- 18 fully against the person or persons for whose protection the temporary 19 order of protection is issued, suspend any such existing license 20 possessed by the respondent, order the respondent ineligible for such a 21 license, and order the immediate surrender pursuant to subparagraph (f) 22 of paragraph one of subdivision a of section 265.20 and subdivision six 23 of section 400.05 of the penal law, of any or all firearms, rifles and 24 shotguns owned or possessed[.]; and 25 (c) the court may where the defendant willfully refuses to surrender 26 such firearm, rifle or shotgun pursuant to paragraphs (a) and (b) of 27 this subdivision, or for other good cause shown, order the immediate 28 seizure of such firearm, rifle or shotgun, and search therefor, pursuant 29 to an order issued in accordance with article six hundred ninety of the 30 criminal procedure law, consistent with such rights as the defendant may 31 derive from this article or the constitution of this state or the United 32 States. 33 § 9. Paragraphs (a) and (b) of subdivision 2 of section 842-a of the 34 family court act, as amended by chapter 60 of the laws of 2018, are 35 amended and a new paragraph (c) is added to read as follows: 36 (a) the court shall revoke any such existing license possessed by the 37 respondent, order the respondent ineligible for such a license, and 38 order the immediate surrender pursuant to subparagraph (f) of paragraph 39 one of subdivision a of section 265.20 and subdivision six of section 40 400.05 of the penal law, of any or all firearms, rifles and shotguns 41 owned or possessed where the court finds that the conduct which resulted 42 in the issuance of the order of protection involved (i) the infliction 43 of physical injury, as defined in subdivision nine of section 10.00 of 44 the penal law, (ii) the use or threatened use of a deadly weapon or 45 dangerous instrument as those terms are defined in subdivisions twelve 46 and thirteen of section 10.00 of the penal law, or (iii) behavior 47 constituting any violent felony offense as defined in section 70.02 of 48 the penal law; [and] 49 (b) the court shall, where the court finds a substantial risk that the 50 respondent may use or threaten to use a firearm, rifle or shotgun unlaw- 51 fully against the person or persons for whose protection the order of 52 protection is issued, (i) revoke any such existing license possessed by 53 the respondent, order the respondent ineligible for such a license and 54 order the immediate surrender pursuant to subparagraph (f) of paragraph 55 one of subdivision a of section 265.20 and subdivision six of section 56 400.05 of the penal law, of any or all firearms, rifles and shotgunsS. 7505--B 22 A. 9505--B 1 owned or possessed or (ii) suspend or continue to suspend any such 2 existing license possessed by the respondent, order the respondent inel- 3 igible for such a license, and order the immediate surrender pursuant to 4 subparagraph (f) of paragraph one of subdivision a of section 265.20 and 5 subdivision six of section 400.05 of the penal law, of any or all 6 firearms, rifles and shotguns owned or possessed[.]; and 7 (c) the court may where the defendant willfully refuses to surrender 8 such firearm, rifle or shotgun pursuant to paragraphs (a) and (b) of 9 this subdivision, or for other good cause shown, order the immediate 10 seizure of such firearm, rifle or shotgun, and search therefor, pursuant 11 to an order issued in accordance with article six hundred ninety of the 12 criminal procedure law, consistent with such rights as the defendant may 13 derive from this article or the constitution of this state or the United 14 States. 15 § 10. Paragraphs (a) and (b) of subdivision 3 of section 842-a of the 16 family court act, as amended by chapter 60 of the laws of 2018, are 17 amended and a new paragraph (c) is added to read as follows: 18 (a) the court shall revoke any such existing license possessed by the 19 respondent, order the respondent ineligible for such a license, and 20 order the immediate surrender pursuant to subparagraph (f) of paragraph 21 one of subdivision a of section 265.20 and subdivision six of section 22 400.05 of the penal law, of any or all firearms, rifles and shotguns 23 owned or possessed where the willful failure to obey such order involves 24 (i) the infliction of physical injury, as defined in subdivision nine of 25 section 10.00 of the penal law, (ii) the use or threatened use of a 26 deadly weapon or dangerous instrument as those terms are defined in 27 subdivisions twelve and thirteen of section 10.00 of the penal law, or 28 (iii) behavior constituting any violent felony offense as defined in 29 section 70.02 of the penal law; or (iv) behavior constituting stalking 30 in the first degree as defined in section 120.60 of the penal law, 31 stalking in the second degree as defined in section 120.55 of the penal 32 law, stalking in the third degree as defined in section 120.50 of the 33 penal law or stalking in the fourth degree as defined in section 120.45 34 of such law; [and] 35 (b) the court shall where the court finds a substantial risk that the 36 respondent may use or threaten to use a firearm, rifle or shotgun unlaw- 37 fully against the person or persons for whose protection the order of 38 protection was issued, (i) revoke any such existing license possessed by 39 the respondent, order the respondent ineligible for such a license, 40 whether or not the respondent possesses such a license, and order the 41 immediate surrender pursuant to subparagraph (f) of paragraph one of 42 subdivision a of section 265.20 and subdivision six of section 400.05 of 43 the penal law, of any or all firearms, rifles and shotguns owned or 44 possessed or (ii) suspend any such existing license possessed by the 45 respondent, order the respondent ineligible for such a license, and 46 order the immediate surrender of any or all firearms, rifles and shot- 47 guns owned or possessed[.]; and 48 (c) the court may where the defendant willfully refuses to surrender 49 such firearm, rifle or shotgun pursuant to paragraphs (a) and (b) of 50 this subdivision, or for other good cause shown, order the immediate 51 seizure of such firearm, rifle or shotgun, and search therefor, pursuant 52 to an order issued in accordance with article six hundred ninety of the 53 criminal procedure law, consistent with such rights as the defendant may 54 derive from this article or the constitution of this state or the United 55 States.S. 7505--B 23 A. 9505--B 1 § 11. Subdivisions 6 and 7 of section 842-a of the family court act, 2 as amended by chapter 60 of the laws of 2018, are amended to read as 3 follows: 4 6. Notice. (a) Where an order requiring surrender, revocation, suspen- 5 sion, seizure or ineligibility has been issued pursuant to this section, 6 any temporary order of protection or order of protection issued shall 7 state that such firearm license has been suspended or revoked or that 8 the respondent is ineligible for such license, as the case may be, and 9 that the defendant is prohibited from possessing any firearms, rifles or 10 shotguns. 11 (b) The court revoking or suspending the license, ordering the 12 respondent ineligible for such license, or ordering the surrender or 13 seizure of any firearm, rifles or shotguns shall immediately notify the 14 statewide registry of orders of protection and the duly constituted 15 police authorities of the locality of such action. 16 (c) The court revoking or suspending the license or ordering the 17 defendant ineligible for such license shall give written notice thereof 18 without unnecessary delay to the division of state police at its office 19 in the city of Albany. 20 (d) Where an order of revocation, suspension, ineligibility, [or] 21 surrender, or seizure is modified or vacated, the court shall immediate- 22 ly notify the statewide registry of orders of protection and the duly 23 constituted police authorities of the locality concerning such action 24 and shall give written notice thereof without unnecessary delay to the 25 division of state police at its office in the city of Albany. 26 7. Hearing. The respondent shall have the right to a hearing before 27 the court regarding any revocation, suspension, ineligibility [or], 28 surrender or seizure order issued pursuant to this section, provided 29 that nothing in this subdivision shall preclude the court from issuing 30 any such order prior to a hearing. Where the court has issued such an 31 order prior to a hearing, it shall commence such hearing within fourteen 32 days of the date such order was issued. 33 § 12. This act shall take effect on the first of November next 34 succeeding the date on which it shall have become a law. 35 PART N 36 Section 1. Subdivision 17 of section 265.00 of the penal law, as added 37 by chapter 1041 of the laws of 1974, paragraph (a) as amended by chapter 38 264 of the laws of 2003, paragraph (b) as separately amended by sections 39 2 and 3 of chapter 232 of the laws of 2010, and paragraph (c) as added 40 by chapter 60 of the laws of 2018, is amended to read as follows: 41 17. "Serious offense" means (a) [any of the following offenses defined42in the former penal law as in force and effect immediately prior to43September first, nineteen hundred sixty-seven: illegally using, carrying44or possessing a pistol or other dangerous weapon; making or possessing45burglar's instruments; buying or receiving stolen property; unlawful46entry of a building; aiding escape from prison; that kind of disorderly47conduct defined in subdivisions six and eight of section seven hundred48twenty-two of such former penal law; violations of sections four hundred49eighty-three, four hundred eighty-three-b, four hundred eighty-four-h50and article one hundred six of such former penal law; that kind of crim-51inal sexual act or rape which was designated as a misdemeanor; violation52of section seventeen hundred forty-seven-d and seventeen hundred forty-53seven-e of such former penal law; any violation of any provision of54article thirty-three of the public health law relating to narcotic drugsS. 7505--B 24 A. 9505--B 1which was defined as a misdemeanor by section seventeen hundred fifty-2one-a of such former penal law, and any violation of any provision of3article thirty-three-A of the public health law relating to depressant4and stimulant drugs which was defined as a misdemeanor by section seven-5teen hundred forty-seven-b of such former penal law.6(b)] any of the following offenses defined in the current penal law 7 and any offense in any jurisdiction or the former penal law that 8 includes all of the essential elements of any of the following offenses: 9 illegally using, carrying or possessing a pistol or other dangerous 10 weapon; possession of burglar's tools; criminal possession of stolen 11 property in the third degree; escape in the third degree; jostling; 12 fraudulent accosting; endangering the welfare of a child; [the offenses13defined in article two hundred thirty-five;] obscenity in the third 14 degree; issuing abortional articles; permitting prostitution; promoting 15 prostitution in the third degree; stalking in the fourth degree; stalk- 16 ing in the third degree; [the offenses defined in article one hundred17thirty; the offenses defined in article two hundred twenty] sexual 18 misconduct; forcible touching; sexual abuse in the third degree; sexual 19 abuse in the second degree; criminal possession of a controlled 20 substance in the seventh degree; criminally possessing a hypodermic 21 instrument; criminally using drug paraphernalia in the second degree; 22 criminal possession of methamphetamine manufacturing material in the 23 second degree; and a hate crime defined in article four hundred eighty- 24 five of this chapter. 25 [(b) any of the following offenses defined in the penal law: illegally26using, carrying or possessing a pistol or other dangerous weapon;27possession of burglar's tools; criminal possession of stolen property in28the third degree; escape in the third degree; jostling; fraudulent29accosting; endangering the welfare of a child; the offenses defined in30article two hundred thirty-five; issuing abortional articles; permitting31prostitution; promoting prostitution in the third degree; stalking in32the third degree; stalking in the fourth degree; the offenses defined in33article one hundred thirty; the offenses defined in article two hundred34twenty.35(c)] (b) any of the following offenses defined in the current penal 36 law and any offense in any jurisdiction or in the former penal law that 37 includes all of the essential elements of any of the following offenses, 38 where the defendant and the person against whom the offense was commit- 39 ted were members of the same family or household as defined in subdivi- 40 sion one of section 530.11 of the criminal procedure law and as estab- 41 lished pursuant to section 370.15 of the criminal procedure law: assault 42 in the third degree; menacing in the third degree; menacing in the 43 second degree; criminal obstruction of breathing or blood circulation; 44 unlawful imprisonment in the second degree; coercion in the third 45 degree; criminal tampering in the third degree; criminal contempt in the 46 second degree; harassment in the first degree; aggravated harassment in 47 the second degree; criminal trespass in the third degree; criminal tres- 48 pass in the second degree; arson in the fifth degree; or attempt to 49 commit any of the above-listed offenses. 50 (c) any misdemeanor offense in any jurisdiction or in the former penal 51 law that includes all of the essential elements of a felony offense as 52 defined in the current penal law. 53 § 2. Section 400.00 of the penal law is amended by adding a new subdi- 54 vision 1-a to read as follows: 55 1-a. For purposes of subdivision one of this section, serious offense 56 shall include an offense in any jurisdiction or the former penal lawS. 7505--B 25 A. 9505--B 1 that includes all of the essential elements of a serious offense as 2 defined by subdivision seventeen of section 265.00 of this chapter. 3 Nothing in this subdivision shall preclude the denial of a license based 4 on the commission of, arrest for or conviction of an offense in any 5 other jurisdiction which does not include all of the essential elements 6 of a serious offense. 7 § 3. Section 837 of the executive law is amended by adding a new 8 subdivision 22 to read as follows: 9 22. (a) Maintain and annually update a list of offenses in states and 10 territories of the United States other than New York that include all of 11 the essential elements of a serious offense as defined by subdivision 12 seventeen of section 265.00 of the penal law, to assist courts, licens- 13 ing authorities and others in determining which offenses in such other 14 states and territories qualify as a serious offense for purposes of 15 article two hundred sixty-five of the penal law, subdivision seventeen 16 of section 265.00 of the penal law, and subdivision one-a of section 17 400.00 of the penal law. The division shall append to such list of 18 offenses a disclaimer that such list shall be for informational purposes 19 only and is not intended to be a substitute for the advice of an attor- 20 ney or counselor-at-law. 21 (b) Such updated list shall be prominently posted on the website main- 22 tained by the division. Each list shall bear the date of posting, and 23 each posted and dated listing shall be separately maintained by the 24 division as a record available to the public. The first list compiled 25 under this subdivision shall be prominently posted by the division no 26 later than nine months after the effective date of this subdivision. 27 § 4. This act shall take effect immediately; provided, however, that 28 sections one and two of this act shall take effect one year after it 29 shall have become a law and shall apply to out-of-state convictions 30 entered in such jurisdictions on or after such date. 31 PART O 32 Intentionally Omitted 33 PART P 34 Intentionally Omitted 35 PART Q 36 Section 1. Subdivisions 1 and 2 of section 370.15 of the criminal 37 procedure law, as added by chapter 60 of the laws of 2018, are amended 38 to read as follows: 39 1. When a defendant has been charged with assault in the third degree, 40 menacing in the third degree, menacing in the second degree, criminal 41 obstruction of breathing or blood circulation, unlawful imprisonment in 42 the second degree, coercion in the third degree, criminal tampering in 43 the third degree, criminal contempt in the second degree, harassment in 44 the first degree, aggravated harassment in the second degree, criminal 45 trespass in the third degree, criminal trespass in the second degree, 46 arson in the fifth degree, or attempt to commit any of the above-listed 47 offenses, the people [may] shall, at arraignment or no later than 48 forty-five days after arraignment, serve on the defendant and file with 49 the court a notice alleging that the defendant and the person alleged toS. 7505--B 26 A. 9505--B 1 be the victim of such crime were members of the same family or household 2 as defined in subdivision one of section 530.11 of this chapter. 3 2. Such notice shall include the name of the person alleged to be the 4 victim of such crime and shall specify the nature of the alleged 5 relationship as set forth in subdivision one of section 530.11 of this 6 chapter. Upon conviction of such offense, the court shall advise the 7 defendant that he or she is entitled to a hearing solely on the allega- 8 tion contained in the notice and, if necessary, an adjournment of the 9 sentencing proceeding in order to prepare for such hearing, and that if 10 such allegation is sustained, that determination and conviction will be 11 reported to the division of criminal justice services. If such allega- 12 tion is sustained, the court shall report the determination and 13 conviction to the division of criminal justice services within three 14 business days. 15 § 2. This act shall take effect immediately. 16 PART R 17 Section 1. Short title. This act shall be known and may be cited as 18 the "Josef Neumann Hate Crimes Domestic Terrorism Act". 19 § 2. The opening paragraph of section 485.00 of the penal law, as 20 amended by chapter 8 of the laws of 2019, is amended to read as follows: 21 The legislature finds and determines as follows: criminal acts involv- 22 ing violence, intimidation and destruction of property based upon bias 23 and prejudice have become more prevalent in New York state in recent 24 years. The intolerable truth is that in these crimes, commonly and 25 justly referred to as "hate crimes", victims are intentionally selected, 26 in whole or in part, because of their race, color, national origin, 27 ancestry, gender, gender identity or expression, religion, religious 28 practice, age, disability or sexual orientation. Hate crimes do more 29 than threaten the safety and welfare of all citizens. They inflict on 30 victims incalculable physical and emotional damage and tear at the very 31 fabric of free society. Crimes motivated by invidious hatred toward 32 particular groups not only harm individual victims but send a powerful 33 message of intolerance and discrimination to all members of the group to 34 which the victim belongs. Hate crimes can and do intimidate and disrupt 35 entire communities and vitiate the civility that is essential to healthy 36 democratic processes. In a democratic society, citizens cannot be 37 required to approve of the beliefs and practices of others, but must 38 never commit criminal acts on account of them. [Current law] However, 39 these criminal acts do occur and are occurring more and more frequently. 40 Quite often, these crimes of hate are also acts of terror. The recent 41 attacks in Monsey, New York as well as the shootings in El Paso, Texas; 42 Pittsburgh, Pennsylvania; Sutherland Springs, Texas; Orlando, Florida; 43 and Charleston, South Carolina illustrate that mass killings are often 44 apolitical, motivated by the hatred of a specific group coupled with a 45 desire to inflict mass casualties. The current law emphasizes the poli- 46 tical motivation of an act over its catastrophic effect and does not 47 adequately recognize the harm to public order and individual safety that 48 hate crimes cause. Therefore, our laws must be strengthened to provide 49 clear recognition of the gravity of hate crimes and the compelling 50 importance of preventing their recurrence. 51 § 3. Subdivision 3 of section 485.05 of the penal law, as amended by 52 section 9 of part NN of chapter 55 of the laws of 2018, is amended to 53 read as follows:S. 7505--B 27 A. 9505--B 1 3. A "specified offense" is an offense defined by any of the following 2 provisions of this chapter: section 120.00 (assault in the third 3 degree); section 120.05 (assault in the second degree); section 120.10 4 (assault in the first degree); section 120.12 (aggravated assault upon a 5 person less than eleven years old); section 120.13 (menacing in the 6 first degree); section 120.14 (menacing in the second degree); section 7 120.15 (menacing in the third degree); section 120.20 (reckless endan- 8 germent in the second degree); section 120.25 (reckless endangerment in 9 the first degree); section 121.12 (strangulation in the second degree); 10 section 121.13 (strangulation in the first degree); subdivision one of 11 section 125.15 (manslaughter in the second degree); subdivision one, two 12 or four of section 125.20 (manslaughter in the first degree); section 13 125.25 (murder in the second degree); section 120.45 (stalking in the 14 fourth degree); section 120.50 (stalking in the third degree); section 15 120.55 (stalking in the second degree); section 120.60 (stalking in the 16 first degree); subdivision one of section 130.35 (rape in the first 17 degree); subdivision one of section 130.50 (criminal sexual act in the 18 first degree); subdivision one of section 130.65 (sexual abuse in the 19 first degree); paragraph (a) of subdivision one of section 130.67 20 (aggravated sexual abuse in the second degree); paragraph (a) of subdi- 21 vision one of section 130.70 (aggravated sexual abuse in the first 22 degree); section 135.05 (unlawful imprisonment in the second degree); 23 section 135.10 (unlawful imprisonment in the first degree); section 24 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in 25 the first degree); section 135.60 (coercion in the third degree); 26 section 135.61 (coercion in the second degree); section 135.65 (coercion 27 in the first degree); section 140.10 (criminal trespass in the third 28 degree); section 140.15 (criminal trespass in the second degree); 29 section 140.17 (criminal trespass in the first degree); section 140.20 30 (burglary in the third degree); section 140.25 (burglary in the second 31 degree); section 140.30 (burglary in the first degree); section 145.00 32 (criminal mischief in the fourth degree); section 145.05 (criminal 33 mischief in the third degree); section 145.10 (criminal mischief in the 34 second degree); section 145.12 (criminal mischief in the first degree); 35 section 150.05 (arson in the fourth degree); section 150.10 (arson in 36 the third degree); section 150.15 (arson in the second degree); section 37 150.20 (arson in the first degree); section 155.25 (petit larceny); 38 section 155.30 (grand larceny in the fourth degree); section 155.35 39 (grand larceny in the third degree); section 155.40 (grand larceny in 40 the second degree); section 155.42 (grand larceny in the first degree); 41 section 160.05 (robbery in the third degree); section 160.10 (robbery in 42 the second degree); section 160.15 (robbery in the first degree); 43 section 240.25 (harassment in the first degree); subdivision one, two or 44 four of section 240.30 (aggravated harassment in the second degree); 45 section 490.10 (soliciting or providing support for an act of terrorism 46 in the second degree); section 490.15 (soliciting or providing support 47 for an act of terrorism in the first degree); section 490.20 (making a 48 terroristic threat); section 490.25 (crime of terrorism); section 490.30 49 (hindering prosecution of terrorism in the second degree); section 50 490.35 (hindering prosecution of terrorism in the first degree); section 51 490.37 (criminal possession of a chemical weapon or biological weapon in 52 the third degree); section 490.40 (criminal possession of a chemical 53 weapon or biological weapon in the second degree); section 490.45 (crim- 54 inal possession of a chemical weapon or biological weapon in the first 55 degree); section 490.47 (criminal use of a chemical weapon or biological 56 weapon in the third degree); section 490.50 (criminal use of a chemicalS. 7505--B 28 A. 9505--B 1 weapon or biological weapon in the second degree); section 490.55 (crim- 2 inal use of a chemical weapon or biological weapon in the first degree); 3 or any attempt or conspiracy to commit any of the foregoing offenses. 4 § 4. The penal law is amended by adding two new sections 490.27 and 5 490.28 to read as follows: 6 § 490.27 Domestic act of terrorism motivated by hate in the second 7 degree. 8 A person is guilty of the crime of domestic act of terrorism motivated 9 by hate in the second degree when, acting with the intent to cause the 10 death of, or serious physical injury to, five or more other persons, in 11 whole or in substantial part because of the perceived race, color, 12 national origin, ancestry, gender, gender identity or expression, reli- 13 gion, religious practice, age, disability, or sexual orientation of such 14 other persons, regardless of whether that belief or perception is 15 correct, he or she, as part of the same criminal transaction, attempts 16 to cause the death of, or serious physical injury to, such five or more 17 persons, provided that the victims are not participants in the criminal 18 transaction. 19 Domestic act of terrorism motivated by hate in the second degree is a 20 class A-I felony. 21 § 490.28 Domestic act of terrorism motivated by hate in the first 22 degree. 23 A person is guilty of the crime of domestic act of terrorism motivated 24 by hate in the first degree when, acting with the intent to cause the 25 death of, or serious physical injury to, five or more other persons, in 26 whole or in substantial part because of the perceived race, color, 27 national origin, ancestry, gender, gender identity or expression, reli- 28 gion, religious practice, age, disability, or sexual orientation of such 29 other person or persons, regardless of whether that belief or perception 30 is correct, he or she, as part of the same criminal transaction: 31 1. causes the death of at least one other person, provided that the 32 victim or victims are not a participant in the criminal transaction; and 33 2. causes or attempts to cause the death of four or more additional 34 other persons, provided that the victims are not a participant in the 35 criminal transaction; and 36 3. the defendant was more than eighteen years old at the time of the 37 commission of the crime. 38 Domestic act of terrorism motivated by hate in the first degree is a 39 class A-I felony. 40 Notwithstanding any other provision of law, when a person is convicted 41 of domestic act of terrorism motivated by hate in the first degree, the 42 sentence shall be life imprisonment without parole. 43 § 5. Paragraph (q) of subdivision 8 of section 700.05 of the criminal 44 procedure law, as amended by section 3 of part A of chapter 1 of the 45 laws of 2004, is amended to read as follows: 46 (q) Soliciting or providing support for an act of terrorism in the 47 second degree as defined in section 490.10 of the penal law, soliciting 48 or providing support for an act of terrorism in the first degree as 49 defined in section 490.15 of the penal law, making a terroristic threat 50 as defined in section 490.20 of the penal law, crime of terrorism as 51 defined in section 490.25 of the penal law, domestic act of terrorism 52 motivated by hate in the second degree as defined in section 490.27 of 53 the penal law, domestic act of terrorism motivated by hate in the first 54 degree as defined in section 490.28 of the penal law, hindering prose- 55 cution of terrorism in the second degree as defined in section 490.30 of 56 the penal law, hindering prosecution of terrorism in the first degree asS. 7505--B 29 A. 9505--B 1 defined in section 490.35 of the penal law, criminal possession of a 2 chemical weapon or biological weapon in the third degree as defined in 3 section 490.37 of the penal law, criminal possession of a chemical weap- 4 on or biological weapon in the second degree as defined in section 5 490.40 of the penal law, criminal possession of a chemical weapon or 6 biological weapon in the first degree as defined in section 490.45 of 7 the penal law, criminal use of a chemical weapon or biological weapon in 8 the third degree as defined in section 490.47 of the penal law, criminal 9 use of a chemical weapon or biological weapon in the second degree as 10 defined in section 490.50 of the penal law, and criminal use of a chemi- 11 cal weapon or biological weapon in the first degree as defined in 12 section 490.55 of the penal law. 13 § 6. Domestic terrorism task force. (a) There is hereby created the 14 domestic terrorism task force to examine, evaluate and determine how to 15 prevent mass shootings by domestic terrorists, consisting of nine 16 members, each to serve until two years after the effective date of this 17 act. 18 (b) (1) Such members shall be appointed as follows: one member shall 19 be the commissioner of the division of criminal justice services; one 20 member shall be the superintendent of state police; three members shall 21 be appointed by the governor; one member shall be appointed by the 22 temporary president of the senate; one member shall be appointed by the 23 minority leader of the senate; one member shall be appointed by the 24 speaker of the assembly; and one member shall be appointed by the minor- 25 ity leader of the assembly. Appointments shall be made within sixty days 26 of the effective date of this act. Vacancies in the task force shall be 27 filled in the same manner provided for original appointments. 28 (2) All appointees shall have expertise in fields or disciplines 29 related to criminal justice or violence prevention. 30 (3) The task force shall be chaired by the commissioner of the divi- 31 sion of criminal justice services. The task force shall elect a vice- 32 chair by majority vote and other necessary officers from among all 33 appointed members. 34 (4) The task force shall meet at least quarterly at the call of the 35 chair. Meetings may be held via teleconference. Special meetings may be 36 called by the chair at the request of a majority of the members of the 37 task force. 38 (5) Members of the task force shall receive no compensation for their 39 services but shall be reimbursed for their actual expenses incurred in 40 the performance of their duties in the work of the task force. 41 (c) The task force shall: 42 (1) study mass shooting incidents; 43 (2) recommend practices to identify potential mass shooters and 44 prevent mass shooting incidents; and 45 (3) recommend practices to provide for the security of locations like- 46 ly to be targeted by a mass shooter. 47 (d) The task force may establish advisory committees as it deems 48 appropriate on matters relating to the task force's functions, powers 49 and duties. Such committees shall be chaired by a task force member, but 50 may be composed of task force members as well as other individuals 51 selected by the task force to provide expertise of interest specific to 52 the charge of such committees. 53 (e) The task force may, as it deems appropriate, request that studies, 54 surveys and analyses relating to the task force's powers and duties be 55 performed by any state department, commission, agency or public authori- 56 ty. All state departments, commissions, agencies or public authoritiesS. 7505--B 30 A. 9505--B 1 shall provide information and advice in a timely manner and otherwise 2 assist the task force with its work; provided however, any information 3 or records otherwise confidential and privileged in accordance with 4 state or federal law that are provided to the task force pursuant to 5 this subdivision shall remain confidential as provided by such state or 6 federal law. 7 (f) The task force shall provide a preliminary report to the governor 8 and the legislature of its findings, conclusions, recommendations and 9 activities already undertaken by the task force, not later than thirteen 10 months after the effective date of this act, and a final report of its 11 findings, conclusions, recommendations and activities already undertaken 12 by the task force, not later than twenty-two months after the effective 13 date of this act and shall submit with its reports legislative proposals 14 as it deems necessary to implement its recommendations. 15 § 7. This act shall take effect on the first of November next succeed- 16 ing the date on which it shall have become a law. 17 PART S 18 Intentionally Omitted 19 PART T 20 Intentionally Omitted 21 PART U 22 Intentionally Omitted 23 PART V 24 Intentionally Omitted 25 PART W 26 Section 1. Paragraph (h) of subdivision 1 of section 209-a of the 27 civil service law, as amended by section 1 of part E of chapter 55 of 28 the laws of 2019, is amended to read as follows: 29 (h) to disclose home addresses, personal telephone numbers, personal 30 cell phone numbers, personal e-mail addresses of a public employee, as 31 the term "public employee" is defined in subdivision seven of section 32 two hundred one of this article, except (i) where required pursuant to 33 the provisions of this article, [and] (ii) to the extent compelled to do 34 so by lawful service of process, subpoena, court order, or (iii) in 35 accordance with subdivision four of section two hundred eight of this 36 article, or as otherwise required by law. This paragraph shall not 37 prohibit other provisions of law regarding work-related, publicly avail- 38 able information such as title, salary, and dates of employment. 39 § 2. Paragraph (b) of subdivision 4 of section 208 of the civil 40 service law, as added by section 1 of part RRR of chapter 59 of the laws 41 of 2018, is amended and a new paragraph (c) is added to read as follows: 42 (b) Within thirty days of providing the notice in paragraph a of this 43 subdivision, a public employer shall allow a duly appointed represen- 44 tative of the employee organization that represents that bargaining unit 45 to meet with such employee for a reasonable amount of time during his or 46 her work time without charge to leave credits, unless otherwise speci-S. 7505--B 31 A. 9505--B 1 fied within an agreement bargained collectively under article fourteen 2 of the civil service law, provided however that arrangements for such 3 meeting must be scheduled in consultation with a designated represen- 4 tative of the public employer[.]; and 5 (c) Upon the request of the certified and recognized employee organ- 6 ization, and if the public employer conducts new employee orientations, 7 the public employer shall provide the employee organization mandatory 8 access to such new employee orientations. The employee organization 9 shall receive not less than ten days' notice in advance of an orien- 10 tation, except that a shorter notice may be provided in a specific 11 instance where there is an urgent need critical to the employer's oper- 12 ations that was not reasonably foreseeable to provide such notice. The 13 structure, time, and manner of exclusive representative access shall be 14 determined through mutual agreement between the employer and the employ- 15 ee organization. 16 § 3. Section 215 of the civil service law, as added by section 1 of 17 part DD of chapter 56 of the laws of 2019, is amended to read as 18 follows: 19 § 215. [Agency] Dues or agency shop fee deductions. 1. Notwithstanding 20 any other law to the contrary, any public employer, any employee organ- 21 ization, the comptroller and the board, or any of their employees or 22 agents, shall not be liable for, and shall have a complete defense to, 23 any claims or actions under the laws of this state for requiring, 24 deducting, receiving, or retaining dues or agency shop fee deductions 25 from public employees, and current or former public employees shall not 26 have standing to pursue these claims or actions, if the dues or fees 27 were permitted or mandated at the time under the laws of this state then 28 in force and paid, through payroll deduction or otherwise, prior to June 29 twenty-seventh, two thousand eighteen. 30 2. This section shall apply to claims and actions pending or filed on 31 or after June twenty-seventh, two thousand eighteen. 32 3. The enactment of this section shall not be interpreted to create 33 the inference that any relief made unavailable by this section would 34 otherwise be available. 35 § 4. This act shall take effect immediately. 36 PART X 37 Intentionally Omitted 38 PART Y 39 Section 1. Subdivision 10 of section 160 of the state finance law, as 40 added by chapter 83 of the laws of 1995, is amended to read as follows: 41 10. "Technology" means either a good or a service or a combination 42 thereof, [that results in a technical method of achieving a practical43purpose or in improvements in productivity] used in the application of 44 any computer or electronic information or interconnected system that is 45 used in the acquisition, storage, manipulation, management, movement, 46 control, display, switching, interchange, transmission, or reception of 47 data or voice including, but not limited to, hardware, software, infor- 48 mation appliances, firmware, programs, systems, networks, infrastruc- 49 ture, media, and related material used to automatically and electron- 50 ically collect, receive, access, transmit, display, store, record, 51 retrieve, analyze, evaluate, process, classify, manipulate, manage, 52 assimilate, control, communicate, exchange, convert, coverage, inter-S. 7505--B 32 A. 9505--B 1 face, switch, or disseminate data of any kind or form, and shall include 2 all associated consulting, management, facilities, maintenance and 3 training. Goods may be either new or used. 4 § 2. Subdivision 5 of section 101 of the state technology law, as 5 added by chapter 430 of the laws of 1997 and as renumbered by chapter 6 437 of the laws of 2004, is amended to read as follows: 7 5. "Technology" means [a good, service, or good and service that8results in a digital, electronic or similar technical method of achiev-9ing a practical purpose or in improvements in productivity, including10but not limited to information management, equipment, software, operat-11ing systems, interface systems, interconnected systems, telecommuni-12cations, data management, networks, and network management, consulting,13supplies, facilities, maintenance and training] either a good or a 14 service or a combination thereof, used in the application of any comput- 15 er or electronic information or interconnected system that is used in 16 the acquisition, storage, manipulation, management, movement, control, 17 display, switching, interchange, transmission, or reception of data or 18 voice including, but not limited to, hardware, software, information 19 appliances, firmware, programs, systems, networks, infrastructure, 20 media, and related material used to automatically and electronically 21 collect, receive, access, transmit, display, store, record, retrieve, 22 analyze, evaluate, process, classify, manipulate, manage, assimilate, 23 control, communicate, exchange, convert, coverage, interface, switch, or 24 disseminate data of any kind or form, and shall include all associated 25 consulting, management, facilities, maintenance, support and training. 26 Goods may be either new or used. 27 § 3. This act shall take effect immediately. 28 PART Z 29 Section 1. Section 1 of part S of chapter 56 of the laws of 2010, 30 relating to establishing a joint appointing authority for the state 31 financial system project, is amended to read as follows: 32 Section 1. The division of the budget and office of the state comp- 33 troller may dedicate such officers and employees as may be needed to a 34 joint project, which shall be known as the [state] statewide financial 35 system project, and which shall be responsible for the development, 36 implementation and maintenance of a single, statewide financial manage- 37 ment system for use by the office of the state comptroller and all agen- 38 cies. The division of the budget and the office of the state comptroller 39 shall serve jointly as the appointing authority for all titles within 40 the project, and shall jointly appoint a project [manager] director 41 therefor. For purposes of appointment and promotion under the civil 42 service law, the [state] statewide financial system project shall be 43 treated as if it were a single department. For the purposes of procure- 44 ment and contracting pursuant to the state finance law, the statewide 45 financial system project shall be treated as a single department, 46 provided that all procurements and contracts issued and agreed to by the 47 statewide financial system project shall be subject to the approval of 48 the division of the budget and the office of the state comptroller. 49 § 2. This act shall take effect immediately. 50 PART AA 51 Section 1. Subdivision 4 of section 27 of chapter 95 of the laws of 52 2000 amending the state finance law, the general municipal law, theS. 7505--B 33 A. 9505--B 1 public buildings law and other laws relating to bonds, notes and reven- 2 ues, as amended by chapter 33 of the laws of 2015, is amended to read as 3 follows: 4 4. Section seventeen of this act shall take effect July 1, 2000, and 5 shall expire on June 30, [2020] 2030; provided, however, that any lease 6 entered into for a term greater than ten years during the effective 7 period of this section shall continue in full force and effect, and 8 provided that upon the expiration of such section the commissioner of 9 general services shall continue to be empowered to enter into leases 10 having terms not exceeding ten years. 11 § 2. This act shall take effect immediately. 12 PART BB 13 Intentionally Omitted 14 PART CC 15 Intentionally Omitted 16 PART DD 17 Intentionally Omitted 18 PART EE 19 Intentionally Omitted 20 PART FF 21 Section 1. Paragraphs (a) and (b) of subdivision 5 of section 106 of 22 the alcoholic beverage control law, paragraph (a) as amended by chapter 23 297 of the laws of 2016, paragraph (b) as amended by chapter 83 of the 24 laws of 1995, are amended and a new paragraph (c) is added to read as 25 follows: 26 (a) Except as provided in paragraph (c) of this subdivision, on 27 Sunday, from four ante meridiem to ten o'clock a.m., except pursuant to 28 a permit issued under section ninety-nine-h of this chapter. 29 (b) [On] Except as provided in paragraph (c) of this subdivision, on 30 any other day between four ante meridiem and eight ante meridiem. 31 (c) On any day between three ante meridian and six ante meridian, for 32 a premises located within an international airport owned or operated by 33 the Port Authority of New York and New Jersey. The provisions of this 34 paragraph shall not be subject to change pursuant to subdivision eleven 35 of section seventeen of this chapter. 36 § 2. This act shall take effect immediately. 37 PART GG 38 Intentionally Omitted 39 PART HH 40 Intentionally Omitted 41 PART IIS. 7505--B 34 A. 9505--B 1 Intentionally Omitted 2 PART JJ 3 Section 1. Section 9-208 of the election law is amended by adding a 4 new subdivision 4 to read as follows: 5 4. (a) The board of elections or a bipartisan committee appointed by 6 the board shall conduct a full manual recount of all ballots for a 7 particular contest: 8 i. Where the margin of victory is twenty votes or less; or 9 ii. Where the margin of victory is 0.5% or less; or 10 iii. In a contest where one million or more ballots have been cast and 11 the margin of victory is less than 5,000 votes. 12 (b) For the purposes of this section, the term margin of victory shall 13 mean the margin between all votes cast in the entire contest following 14 the recanvass of votes. 15 (c) Where the contest involves portions of two or more counties, the 16 margin of victory shall be determined by the state board of elections 17 based on the most recent recanvass results for the contest submitted by 18 the boards of elections of the counties involved. 19 (d) The result of the manual recount of ballots shall supersede the 20 returns filed by the inspectors of election of the election district in 21 which the canvass was initially made. 22 § 2. This act shall take effect on the first of January next succeed- 23 ing the date on which it shall have become a law and shall apply to any 24 election held 120 days or more after such effective date. 25 PART KK 26 Intentionally Omitted 27 PART LL 28 Intentionally Omitted 29 PART MM 30 Intentionally Omitted 31 PART NN 32 Section 1. Paragraph 3 of subdivision (c) of section 1261 of the tax 33 law, as amended by section 9 of part SS-1 of chapter 57 of the laws of 34 2008, is amended to read as follows: 35 (3) However, the taxes, penalties and interest which (i) the county of 36 Nassau, (ii) the county of Erie, to the extent the county of Erie is 37 contractually or statutorily obligated to allocate and apply or pay net 38 collections to the city of Buffalo and to the extent that such county 39 has set aside net collections for educational purposes attributable to 40 the Buffalo school district, or the city of Buffalo or (iii) the county 41 of Erie is authorized to impose pursuant to section twelve hundred ten 42 of this article, other than such taxes in the amounts described, respec- 43 tively, in subdivisions one and two of section one thousand two hundred 44 sixty-two-e of this part, during the period that such section authorizes 45 Nassau county to establish special or local assistance programs there- 46 under, together with any penalties and interest related thereto, andS. 7505--B 35 A. 9505--B 1 after the comptroller has reserved such refund fund and such costs, 2 shall, commencing on the next payment date after the effective date of 3 this sentence and of each month thereafter, until such date as (i) the 4 Nassau county interim finance authority shall have no obligations 5 outstanding, or (ii) the Buffalo fiscal stability authority shall cease 6 to exist, or (iii) the Erie county fiscal stability authority shall 7 cease to exist, be paid by the comptroller, respectively, to (i) the 8 Nassau county interim finance authority to be applied by the Nassau 9 county interim finance authority, or (ii) to the Buffalo fiscal stabili- 10 ty authority to be applied by the Buffalo fiscal stability authority, or 11 (iii) to the Erie county fiscal stability authority to be applied by the 12 Erie county fiscal stability authority, as the case may be, in the 13 following order of priority: first pursuant to the Nassau county interim 14 finance authority's contracts with bondholders or the Buffalo fiscal 15 stability authority's contracts with bondholders or the Erie county 16 fiscal stability authority's contracts with bondholders, respectively, 17 then to pay the Nassau county interim finance authority's operating 18 expenses not otherwise provided for or the Buffalo fiscal stability 19 authority's operating expenses not otherwise provided for or the Erie 20 county fiscal stability authority's operating expenses not otherwise 21 provided for, respectively, then (i) for the Nassau county interim 22 finance authority to pay to the state as soon as practicable in the 23 months of May and December each year, the amount necessary to fulfill 24 the town and village distribution requirement on behalf of Nassau county 25 pursuant to paragraph five-a of this subdivision, or (ii) for the 26 Buffalo fiscal stability authority to pay to the state as soon as prac- 27 ticable in the months of May and December each year, the percentage of 28 the amount necessary to fulfill the town and village distribution 29 requirement on behalf of Erie county pursuant to paragraph five-a of 30 this subdivision that equates to the percentage of the county net 31 collections that the city of Buffalo and the Buffalo city school 32 district, together, are due in the months of May and December each year, 33 or (iii) for the Erie county fiscal stability authority to pay to the 34 state as soon as practicable in the months of May and December each 35 year, the amount necessary to fulfill the town and village distribution 36 requirement on behalf of Erie county pursuant to paragraph five-a of 37 this subdivision, less the amount being paid to the state by the Buffalo 38 fiscal stability authority in each respective month, and then (i) pursu- 39 ant to the Nassau county interim finance authority's agreements with the 40 county of Nassau, which agreements shall require the Nassau county 41 interim finance authority to transfer such taxes, penalties and interest 42 remaining after providing for contractual or other obligations of the 43 Nassau county interim finance authority, and subject to any agreement 44 between such authority and the county of Nassau, to the county of Nassau 45 as frequently as practicable; or (ii) pursuant to the Buffalo fiscal 46 stability authority's agreements with the city of Buffalo, which agree- 47 ments shall require the Buffalo fiscal stability authority to transfer 48 such taxes, penalties and interest remaining after providing for 49 contractual or other obligations of the Buffalo fiscal stability author- 50 ity, and subject to any agreement between such authority and the city of 51 Buffalo, to the city of Buffalo or the city of Buffalo school district, 52 as the case may be, as frequently as practicable; or (iii) pursuant to 53 the Erie county fiscal stability authority's agreements with the county 54 of Erie, which agreements shall require the Erie county fiscal stability 55 authority to transfer such taxes, penalties and interest remaining after 56 providing for contractual or other obligations of the Erie county fiscalS. 7505--B 36 A. 9505--B 1 stability authority, and subject to any agreement between such authority 2 and the county of Erie, to the county of Erie as frequently as practica- 3 ble. During the period that the comptroller is required to make payments 4 to the Nassau county interim finance authority described in the previous 5 sentence, the county of Nassau shall have no right, title or interest in 6 or to such taxes, penalties and interest required to be paid to the 7 Nassau county interim finance authority, except as provided in such 8 authority's agreements with the county of Nassau. During the period that 9 the comptroller is required to make payments to the Buffalo fiscal 10 stability authority described in the second previous sentence, the city 11 of Buffalo and such school district shall have no right, title or inter- 12 est in or to such taxes, penalties and interest required to be paid to 13 the Buffalo fiscal stability authority, except as provided in such 14 authority's agreements with the city of Buffalo. During the period that 15 the comptroller is required to make payments to the Erie county fiscal 16 stability authority described in the third previous sentence, the county 17 of Erie shall have no right, title or interest in or to such taxes, 18 penalties and interest required to be paid to the Erie county fiscal 19 stability authority, except as provided in such authority's agreements 20 with the county of Erie. 21 § 2. Paragraph 5-a of subdivision (c) of section 1261 of the tax law, 22 as added by section 3 of part PPP of chapter 59 of the laws of 2019, is 23 amended to read as follows: 24 (5-a) However, after the comptroller has made the payments to the 25 Nassau county interim finance authority, the Buffalo fiscal stability 26 authority, and the Erie county fiscal stability authority required by 27 [paragraphs two,] paragraph three [and five] of this subdivision, for 28 each municipality that received a base level grant in state fiscal year 29 two thousand eighteen-two thousand nineteen but not in state fiscal year 30 two thousand nineteen-two thousand twenty under the aid and incentives 31 for municipalities program pursuant to subdivision ten of section 32 fifty-four of the state finance law, the comptroller shall annually 33 withhold from each county except Nassau and Erie from the remaining 34 taxes, penalties and interest imposed by the county in which a majority 35 of the population of such municipality resides, and on behalf of Nassau 36 and Erie counties the comptroller shall annually receive from the Nassau 37 county interim finance authority, the Buffalo fiscal stability authori- 38 ty, and the Erie county fiscal stability authority, an amount equal to 39 the base level grant received by such municipality in state fiscal year 40 two thousand eighteen-two thousand nineteen and shall annually distrib- 41 ute, by December fifteenth, two thousand nineteen and by such date annu- 42 ally thereafter, such amount directly to such municipality, unless such 43 municipality has a fiscal year ending May thirty-first, then such annual 44 distribution shall be made by May fifteenth, two thousand twenty and by 45 such date annually thereafter. No county shall have any right, title or 46 interest in or to the taxes, penalties and interest required to be with- 47 held [and] or distributed pursuant to this paragraph. 48 § 3. Subdivision 5 of section 3657 of the public authorities law, as 49 added by chapter 84 of the laws of 2000, is amended to read as follows: 50 5. Tax revenues received by the authority pursuant to section twelve 51 hundred sixty-one of the tax law, together with any other revenues 52 received by the authority, shall be applied in the following order of 53 priority: first pursuant to the authority's contracts with bondholders, 54 then to pay the authority's operating expenses not otherwise provided 55 for, then to pay to the state pursuant to paragraph three of subdivision 56 (c) of section twelve hundred sixty-one of the tax law, and then,S. 7505--B 37 A. 9505--B 1 subject to the authority's agreements with the county, to transfer the 2 balance of such tax revenues not required to meet contractual or other 3 obligations of the authority to the county as frequently as practicable. 4 § 4. Subdivision 5 of section 3865 of the public authorities law, as 5 amended by chapter 86 of the laws of 2004, is amended to read as 6 follows: 7 5. Revenues of the authority shall be applied in the following order 8 of priority: first to pay debt service or for set asides to pay debt 9 service on the authority's bonds, notes, or other obligations and to 10 replenish any reserve funds securing such bonds, notes or other obli- 11 gations of the authority, in accordance with the provision of any inden- 12 ture or bond resolution of the authority; then to pay the authority's 13 operating expenses not otherwise provided for; then to pay to the state 14 pursuant to paragraph three of subdivision (c) of section twelve hundred 15 sixty-one of the tax law; and then, subject to the authority's agreement 16 with the city, for itself or on behalf of the city's dependent school 17 district and any other covered organization, to transfer as frequently 18 as practicable the balance of revenues not required to meet contractual 19 or other obligations of the authority to the city or the city's depend- 20 ent school district as provided in subdivision seven of this section. 21 § 5. Subdivision 5 of section 3965 of the public authorities law, as 22 added by chapter 182 of the laws of 2005, is amended to read as follows: 23 5. Revenues of the authority shall be applied in the following order 24 of priority: first to pay debt service or for set asides to pay debt 25 service on the authority's bonds, notes, or other obligations and to 26 replenish any reserve funds securing such bonds, notes or other obli- 27 gations of the authority in accordance with the provision of indenture 28 or bond resolution of the authority; then to pay the authority's operat- 29 ing expenses not otherwise provided for; then to pay to the state pursu- 30 ant to paragraph three of subdivision (c) of section twelve hundred 31 sixty-one of the tax law; and then, subject to the authority's agree- 32 ments with the county for itself or on behalf of any covered organiza- 33 tion to transfer as frequently as practicable the balance of revenues 34 not required to meet contractual or other obligations of the authority 35 to the county as provided in subdivision seven of this section. 36 § 6. This act shall take effect immediately. 37 PART OO 38 Intentionally Omitted 39 PART PP 40 Section 1. Subparagraph 14 of paragraph d of subdivision 5 of part B 41 of section 236 of the domestic relations law, as amended by chapter 281 42 of the laws of 1980 and as renumbered by chapter 229 of the laws of 43 2009, is amended to read as follows: 44 (14) whether either party has committed an act or acts of domestic 45 violence, as described in subdivision one of section four hundred 46 fifty-nine-a of the social services law, against the other party and the 47 nature, extent, duration and impact of such act or acts; and 48 (15) any other factor which the court shall expressly find to be just 49 and proper. 50 § 2. This act shall take effect on the thirtieth day after it shall 51 have become a law and shall apply to matrimonial actions commenced on or 52 after such effective date. Nothing in this act shall be deemed to affectS. 7505--B 38 A. 9505--B 1 the validity of any agreement made pursuant to subdivision 3 of part B 2 of section 236 of the domestic relations law or section 425 of the fami- 3 ly court act prior to the effective date of this act. Effective imme- 4 diately, the addition, amendment and/or repeal of any rule or regulation 5 necessary for the implementation of this act on its effective date are 6 authorized to be made on or before such date. 7 PART QQ 8 Section 1. The public authorities law is amended by adding a new 9 section 3 to read as follows: 10 § 3. Pay equity. 1. In order to attract unusual merit and ability to 11 the service of public authorities in the state of New York, to stimulate 12 higher efficiency among the personnel, to provide skilled leadership in 13 administration, to reward merit and to insure the highest return in 14 services for the necessary costs of administration, it is hereby 15 declared that public authorities shall, consistent with the federal 16 Equal Pay Act of 1963 (29 U.S.C. § 206), the federal Civil Rights Act 17 (42 U.S.C. § 2000e-2), article fifteen of the executive law, and section 18 forty-c of the civil rights law, ensure a fair, non-biased compensation 19 structure for all employees in which status within one or more protected 20 class or classes is not considered either directly or indirectly in 21 determining the proper compensation for a title or in determining the 22 pay for any individual or group of employees, ensure that no employee 23 with status within one or more protected class or classes shall be paid 24 a wage at a rate less than the rate at which an employee without status 25 within the same protected class or classes in the same establishment is 26 paid for similar work or substantially similar work and provide regular 27 increases in pay in proper proportion to increase of ability, increase 28 of output and increase of quality of work demonstrated in service. 29 2. For the purpose of this section: 30 (a) the term "protected class" includes age, race, creed, color, 31 national origin, sexual orientation, gender identity or expression, 32 military status, sex, disability, predisposing genetic characteristics, 33 familial status, marital status, or domestic violence victim status, and 34 any employee protected from discrimination pursuant to paragraphs (a), 35 (b), and (c) of subdivision one of section two hundred ninety-six of the 36 executive law, and any intern protected from discrimination pursuant to 37 section two hundred ninety-six-c of the executive law. 38 (b) the term "compensation" shall include but not be limited to: all 39 earnings of an employee for labor or services rendered, regardless of 40 whether the amount of earnings is paid on an annual salary, hourly, 41 biweekly or per diem basis; reimbursement for expenses; health, welfare 42 and retirement benefits; and vacation pay, sick pay, separation or holi- 43 day pay, or any other form of remuneration. 44 (c) employees shall be deemed to work in the same establishment if the 45 employees work for the same employer at workplaces located in the same 46 geographical region, no larger than a county, taking into account popu- 47 lation distribution, economic activity, and/or the presence of munici- 48 palities. 49 (d) the term "public authorities" shall mean any authority as defined 50 in section two of this title. 51 3. (a) It shall not be a violation of this section for an employer to 52 pay different compensation to employees, where such payments are made 53 pursuant to: 54 (1) a bona fide seniority or merit system;S. 7505--B 39 A. 9505--B 1 (2) a bona fide system that measures earnings by quantity or quality 2 of production; 3 (3) a bona fide system based on geographic differentials; 4 (4) any other bona fide factor other than status within one or more 5 protected class or classes, such as education, training, or experience. 6 Such factor: (A) shall not be based upon or derived from a differential 7 in compensation based on status within one or more protected class or 8 classes; and (B) shall be job-related with respect to the position in 9 question and shall be consistent with business necessity. Such exception 10 under this paragraph shall not apply when the employee demonstrates (i) 11 that an employer uses a particular employment practice that causes a 12 disparate impact on the basis of status within one or more protected 13 class or classes, (ii) that an alternative employment practice exists 14 that would serve the same purpose and not produce such differential, and 15 (iii) that the employer has refused to adopt such alternative practice; 16 or 17 (5) a collective bargaining agreement. 18 (b) For the purpose of paragraph (a) of this subdivision, "business 19 necessity" shall be defined as a factor that bears a manifest relation- 20 ship to the employment in question. 21 (c) Nothing set forth in this section shall be construed to impede, 22 infringe or diminish the rights and benefits which accrue to employees 23 through collective bargaining agreements, or otherwise diminish the 24 integrity of the existing collective bargaining relationship. 25 § 2. This act shall take effect immediately. 26 PART RR 27 Intentionally Omitted 28 PART SS 29 Intentionally Omitted 30 PART TT 31 Intentionally Omitted 32 PART UU 33 Section 1. Section 172-b of the executive law is amended by adding a 34 new subdivision 9 to read as follows: 35 9. Any registered charitable organization that is required to file an 36 annual financial report pursuant to subdivision one or two of this 37 section, or that is required to file a funding disclosure report pursu- 38 ant to section one hundred seventy-two-e of this article, and/or a 39 financial disclosure report pursuant to section one hundred 40 seventy-two-f of this article for a reporting period during the applica- 41 ble fiscal year shall also be required to file such annual financial 42 report, including all required forms and attachments, with the depart- 43 ment of state. 44 § 1-a. Paragraph (b) of subdivision 1 and subdivisions 2 and 3 of 45 section 172-e of the executive law, as added by section 1 of part F of 46 chapter 286 of the laws of 2016, are amended to read as follows: 47 (b) "In-kind donation" shall mean donations of staff, staff time, 48 personnel[,] or any other human resources, offices[,] or officeS. 7505--B 40 A. 9505--B 1 supplies, [financial support of any kind or any other resources] except 2 that an in-kind donation shall not include an in-kind donation made by a 3 person or entity in the course of an activity that is substantially 4 related to accomplishing the covered entity's tax exempt purposes where 5 the in-kind donator is offering or providing goods or services for 6 substantially less than fair market value to individuals, corporations 7 or groups, and those goods or services are actually purchased or 8 consumed by wholly unaffiliated individuals, corporations or groups for 9 no charge or substantially less than fair market value, and may include, 10 but is not limited to, pro bono legal services and other forms of tech- 11 nical assistance. 12 2. Funding disclosure reports to be filed by covered entities. (a) Any 13 covered entity that makes an in-kind donation in excess of [two] ten 14 thousand [five hundred] dollars to a recipient entity during a relevant 15 reporting period shall file a funding disclosure report with the depart- 16 ment of [law] state. The funding disclosure report shall include: 17 (i) the name and address of the covered entity that made the in-kind 18 donation; 19 (ii) the name and address of the recipient entity that received or 20 benefitted from the in-kind donation; 21 (iii) the names of any persons who exert operational or managerial 22 control over the covered entity. The disclosures required by this para- 23 graph shall include the name of at least one natural person; 24 (iv) the date [the in-kind] such donation was made by the covered 25 entity; and 26 (v) [any donation in excess of two thousand five hundred dollars to27the covered entity during the relevant reporting period including the28identity of the donor of any such donation] a description of the in-kind 29 donation, including the charitable purpose advanced by such donation, if 30 any, and any restrictions on the use of such donation by the recipient 31 entity. 32 [(vi) the date of any such donation to a covered entity.] 33 (b) The covered entity shall file a funding disclosure report with the 34 department of [law] state within thirty days of the close of a reporting 35 period. 36 3. Public disclosure of funding disclosure reports. The department of 37 [law] state shall promulgate any regulations necessary to implement 38 these requirements and shall [forward the disclosure reports to the39joint commission on public ethics for the purpose of publishing] publish 40 such reports on the [commission's] department's website[, within thirty41days of the close of each reporting period] when authorized pursuant to 42 subdivision two of this section; provided however that the [attorney43general] secretary of state, or his or her designee, may determine that 44 disclosure of [donations to the covered entity] all or a portion of the 45 in-kind donations to the covered entity and financial assistance 46 provided by any covered entity to one or more recipient entities, shall 47 not be made public if, based upon a review of the relevant facts 48 presented by the covered entity, such disclosure may cause harm, 49 threats, harassment, or reprisals to the source of the donation or to 50 individuals or property affiliated with the source of the donation. The 51 covered entity may appeal the [attorney general's] secretary's determi- 52 nation and such appeal shall be heard by a judicial hearing officer who 53 is independent and not affiliated with or employed by the department of 54 [law, pursuant to regulations promulgated by the department of law. The55covered entity's sources of donations] state. The total amount of 56 in-kind donations to the covered entity and financial assistanceS. 7505--B 41 A. 9505--B 1 provided by any covered entity to one or more recipient entities that 2 are the subject of such appeal shall not be made public pending final 3 judgment on appeal. 4 § 2. Paragraph (b) of subdivision 1 and subdivisions 2 and 3 of 5 section 172-f of the executive law, as added by section 1 of part G of 6 chapter 286 of the laws of 2016, are amended to read as follows: 7 (b) "Covered communication" means a communication by a covered entity, 8 [that does not require a report] not otherwise reported by such covered 9 entity pursuant to article one-A of the legislative law or article four- 10 teen of the election law, by a covered entity conveyed to five hundred 11 or more members of a general public audience in the form of: (i) an 12 audio or video communication via broadcast, cable or satellite; (ii) a 13 written communication via advertisements, pamphlets, circulars, flyers, 14 brochures, letterheads; or (iii) other published statement which: refers 15 to and advocates for or against a clearly identified elected official 16 [or the position of any elected official or administrative or legisla-17tive body relating to the outcome of any vote or substance of any legis-18lation, potential legislation, pending legislation, rule, regulation,19hearing, or decision by any legislative, executive or administrative20body], executive or administrative body or legislative body relating to 21 the sponsorship, support, opposition, or outcome of any proposed legis- 22 lation, pending legislation, rule, regulation, hearing or decision, or 23 advocates for or against action by any elected official, executive or 24 administrative body or legislative body. 25 2. Disclosure of expenditures for covered communications. (a) Any 26 covered entity that makes expenditures for covered communications in an 27 aggregate amount or fair market value exceeding ten thousand dollars in 28 a calendar year shall file a financial disclosure report with the 29 department of [law] state. The financial disclosure report shall 30 include: 31 (i) the name and address of the covered entity that made the expendi- 32 ture for covered communications; 33 (ii) the name or names of any individuals who exert operational or 34 managerial control over the covered entity. The disclosures required by 35 this paragraph shall include the name of at least one natural person; 36 (iii) a detailed description of the covered communication; 37 (iv) the dollar amount paid for each covered communication, the name 38 and address of the person or entity receiving the payment, and the date 39 the payment was made; and 40 [(iv)] (v) for any restricted donation received by the covered entity 41 in whole or in part for the support of the covered communication, the 42 name and address of any individual, corporation, association, or group 43 that made a donation [of one thousand dollars or more] to the covered 44 entity and the date of such donation, and the amount of the donation, 45 together with a description of any restriction. 46 (b) The covered entity shall file a financial disclosure report with 47 the department of [law] state within thirty days of the close of a 48 reporting period. 49 [(c) If a covered entity keeps one or more segregated bank accounts50containing funds used solely for covered communications and makes all of51its expenditures for covered communications from such accounts, then52with respect to donations included in subparagraph (iv) of paragraph (a)53of this subdivision, the financial report need only include donations54deposited into such accounts.] 55 3. Public disclosure of funding disclosure reports. The department of 56 [law] state shall [make the financial disclosure reports available toS. 7505--B 42 A. 9505--B 1the public on the department of law website within thirty days of the2close of each reporting period, provided however that the attorney3general, or his or her designee, may determine that disclosure of4donations shall not be made public] promulgate any regulations necessary 5 to implement these requirements and shall publish on the department's 6 website the reports of covered communications required by this section. 7 Such publishing shall not include the names and addresses of individual 8 donors to covered entities, nor shall such publishing include the 9 covered entity's Internal Revenue Service Form 990 Schedule B. Such 10 report shall not be made public pursuant to this section if, based upon 11 a review of the relevant facts presented by the covered entity, such 12 disclosure may cause harm, threats, harassment, or reprisals to the 13 source of the donation or to individuals or property affiliated with the 14 source of the donation. The covered entity may appeal the [attorney15general's] secretary's determination and such appeal shall be heard by a 16 judicial hearing officer who is independent and not affiliated with or 17 employed by the department of [law] state, pursuant to regulations 18 promulgated by the department of [law] state. [The covered entity shall19not be required to disclose the sources of donations] The reports 20 subject to disclosure pursuant to this section that are the subject of 21 such appeal pursuant to this section shall not be made public pending 22 final judgment on appeal. 23 § 3. Section 172-e of the executive law is amended by adding a new 24 subdivision 4 to read as follows: 25 4. If a covered entity's or recipient entity's annual report filed 26 pursuant to section one hundred seventy-two-b of this article does not 27 include a completed Internal Revenue Service Form 990 schedule B and 28 that covered entity makes, or that recipient entity receives, qualifying 29 donations pursuant to subdivision two of this section, that entity shall 30 in addition to filing a disclosure with the department of law, also file 31 with the department of state a complete Internal Revenue Service Form 32 990 Schedule B, regardless of whether such form is submitted or required 33 to be submitted to the Internal Revenue Service. 34 § 4. Section 172-f of the executive law is amended by adding a new 35 subdivision 4 to read as follows: 36 4. If a covered entity's annual report filed pursuant to section one 37 hundred seventy-two-b of this article does not include a completed 38 Internal Revenue Service Form 990 schedule B, the entity shall in addi- 39 tion to filing a disclosure with the department of law, also file with 40 the department of state a complete Internal Revenue Service Form 990 41 schedule B, regardless of whether such form is submitted or required to 42 be submitted to the Internal Revenue Service. 43 § 5. The executive law is amended by adding a new section 93-a to read 44 as follows: 45 § 93-a. Examination of reports. The secretary of state shall examine 46 all reports required to be filed with the department of state pursuant 47 to article seven-A of this chapter in order to determine the nature and 48 extent of the in-kind support provided by any covered entity to one or 49 more recipient entities, as such terms are defined in section one 50 hundred seventy-two-e of this chapter, and the nature and extent of 51 covered communications by any covered entity, as such terms are defined 52 in section one hundred seventy-two-f of this chapter. Notwithstanding 53 any inconsistent provision of law, whenever the secretary of state, in 54 consultation with the department of taxation and finance or the depart- 55 ment of law, determines that the nature and extent of a covered entity's 56 in-kind support to other entities or the nature and extent of a coveredS. 7505--B 43 A. 9505--B 1 entity's spending on covered communications is inconsistent with the 2 charitable purposes of such covered entity, the secretary shall cause 3 the reports required by article seven-A of this chapter filed by such 4 entity to be published on the website of the department of state upon 5 such finding. Provided, however, that such publishing shall not include 6 the names and addresses of individual donors to covered entities nor 7 shall such publishing include the covered entity's Internal Revenue 8 Service Form 990 Schedule B. The secretary shall report to the governor, 9 the temporary president of the senate and the speaker of the assembly, 10 by December thirty-first, two thousand twenty-two, and annually there- 11 after, on topics including but not limited to: the nature and extent of 12 in-kind support provided by covered entities to recipient entities, as 13 such terms are defined in section one hundred seventy-two-e of this 14 chapter and the nature and extent of expenditures for covered communi- 15 cations. The secretary may request the assistance of the department of 16 taxation and finance or the department of law in order to complete this 17 report. Provided however that such report shall not include the names 18 and addresses of individual donors to covered entities nor shall such 19 report include the covered entity's Internal Revenue Service Form 990 20 Schedule B. 21 § 6. Severability. If any clause, sentence, paragraph, section or part 22 of this act shall be adjudged by any court of competent jurisdiction to 23 be invalid and after exhaustion of all further judicial review, the 24 judgment shall not affect, impair or invalidate the remainder thereof, 25 but shall be confined in its operation to the clause, sentence, para- 26 graph, section or part of this act directly involved in the controversy 27 in which the judgment shall have been rendered. 28 § 7. This act shall take effect January 1, 2021. Effective immediate- 29 ly, the addition, amendment and/or repeal of any rule or regulation 30 necessary for the implementation of this act on its effective date are 31 authorized to be made and completed on or before such effective date. 32 PART VV 33 Intentionally Omitted 34 PART WW 35 Section 1. Section 2 and subdivision 7 of section 3 of part E of chap- 36 ter 60 of the laws of 2015, establishing a commission on legislative, 37 judicial, and executive compensation, and providing for the powers and 38 duties of the commission and for the dissolution of the commission, 39 subdivision 7 of section 3 as amended by section 1 of part VVV of chap- 40 ter 59 of the laws of 2019, are amended to read as follows: 41 § 2. 1. (a) On the first of June of every fourth year, commencing June 42 1, 2015, there shall be established a commission on legislative, judi- 43 cial and executive compensation to examine, evaluate and make recommen- 44 dations with respect to adequate levels of compensation and non-salary 45 benefits for members of the legislature, judges and justices of the 46 state-paid courts of the unified court system, statewide elected offi- 47 cials, and those state officers referred to in section 169 of the execu- 48 tive law. 49 (b) Notwithstanding any provision of this act to the contrary, the 50 commission established in the year 2019 may examine, evaluate and make 51 recommendations with respect to adequate levels of compensation and 52 non-salary benefits for judges and justices of the state-paid courts ofS. 7505--B 44 A. 9505--B 1 the unified court system during its examination of and making recommen- 2 dations for legislative and executive compensation in the year 2020. 3 2. (a) In accordance with the provisions of this section, the commis- 4 sion shall examine: (1) the prevailing adequacy of pay levels and other 5 non-salary benefits received by members of the legislature, statewide 6 elected officials, and those state officers referred to in section 169 7 of the executive law; and 8 (2) the prevailing adequacy of pay levels and non-salary benefits 9 received by the judges and justices of the state-paid courts of the 10 unified court system and housing judges of the civil court of the city 11 of New York and determine whether any of such pay levels warrant adjust- 12 ment; and 13 (b) The commission shall determine whether: (1) for any of the four 14 years commencing on the first of April of such years, following the year 15 in which the commission is established or authorized by this act to 16 evaluate and make recommendations on such salaries, the annual salaries 17 for the judges and justices of the state-paid courts of the unified 18 court system and housing judges of the civil court of the city of New 19 York warrant an increase; and 20 (2) on the first of January after the November general election at 21 which members of the state legislature are elected following the year in 22 which the commission is established, and on the first of January follow- 23 ing the next such election, the like annual salaries and allowances of 24 members of the legislature, and salaries of statewide elected officials 25 and state officers referred to in section 169 of the executive law 26 warrant an increase. 27 3. In discharging its responsibilities under subdivision two of this 28 section, the commission shall take into account all appropriate factors 29 including, but not limited to: the overall economic climate; rates of 30 inflation; changes in public-sector spending; the levels of compensation 31 and non-salary benefits received by executive branch officials and 32 legislators of other states and of the federal government; the levels of 33 compensation and non-salary benefits received by professionals in 34 government, academia and private and nonprofit enterprise; and the 35 state's ability to fund increases in compensation and non-salary bene- 36 fits. 37 7. The commission shall make a report to the governor, the legislature 38 and the chief judge of the state of its findings, conclusions, determi- 39 nations and recommendations, if any, not later than the thirty-first of 40 December of the year in which the commission is established for judicial 41 compensation and the fifteenth of November the following year for legis- 42 lative and executive compensation; provided, however, the report made by 43 the commission in the year two thousand twenty regarding judicial, 44 legislative and executive compensation shall be issued not later than 45 November 15, 2020. Any findings, conclusions, determinations and recom- 46 mendations in the report must be adopted by a majority vote of the 47 commission and shall also be supported by at least one member appointed 48 by each appointing authority. Each recommendation made to implement a 49 determination pursuant to section two of this act shall have the force 50 of law, and shall supersede, where appropriate, inconsistent provisions 51 of article 7-B of the judiciary law, section 169 of the executive law, 52 and sections 5 and 5-a of the legislative law, unless modified or abro- 53 gated by statute prior to April first of the year as to which such 54 determination applies to judicial compensation and January first of the 55 year as to which such determination applies to legislative and executive 56 compensation.S. 7505--B 45 A. 9505--B 1 § 2. This act shall take effect immediately. 2 PART XX 3 Section 1. This Part enacts into law major components of legislation 4 relating to issues deemed necessary for the state. Each component is 5 wholly contained within a Subpart identified as Subparts A through CC. 6 The effective date for each particular provision contained within such 7 Subpart is set forth in the last section of such Subpart. Any provision 8 in any section contained within a Subpart, including the effective date 9 of the Subpart, which makes reference to a section "of this act", when 10 used in connection with that particular component, shall be deemed to 11 mean and refer to the corresponding section of the Subpart in which it 12 is found. Section three of this Part sets forth the general effective 13 date of this Part. 14 SUBPART A 15 Section 1. Section 631-b of the executive law, as added by a chapter 16 of the laws of 2019 amending the executive law in relation to enacting 17 the "safe way home act", as proposed in legislative bills numbers S. 18 3966-A and A. 5775-A, is REPEALED. 19 § 2. Paragraph (b) of subdivision 1 of section 2805-i of the public 20 health law, as amended by section 1 of part HH of chapter 57 of the laws 21 of 2018, is amended to read as follows: 22 (b) contacting a rape crisis or victim assistance organization, if 23 any, providing victim assistance to the geographic area served by that 24 hospital to establish the coordination of non-medical services, includ- 25 ing but not limited to transportation within the geographic area served 26 by that organization, upon the conclusion of initial medical services, 27 free of charge from the medical facility to sexual offense victims who 28 request such coordination and services; 29 § 3. Subparagraph 3 of paragraph (b) of subdivision 4-b of section 30 2805-i of the public health law, as added by chapter 1 of the laws of 31 2000, is amended to read as follows: 32 (3) Promptly after the examination is completed, the victim shall be 33 permitted to shower, be provided with a change of clothing, be informed 34 that a rape crisis or victim assistance organization providing victim 35 assistance to the geographic area served by that hospital is available 36 to provide transportation within the geographic area served by that 37 organization, upon the conclusion of initial medical services, free of 38 charge from the medical facility, and receive follow-up information, 39 counseling, medical treatment and referrals for same. 40 § 4. Subparagraph 1 of paragraph (a) of subdivision 6 of section 41 2805-i of the public health law, as added by chapter 407 of the laws of 42 2018, is amended to read as follows: 43 (1) consult with a local rape crisis or local victim assistance organ- 44 ization, to have a representative of such organization accompany the 45 victim through the sexual offense examination, [and] to have such an 46 organization be summoned by the medical facility, police agency, prose- 47 cutorial agency or other law enforcement agency before the commencement 48 of the physical examination or interview, pursuant to this section, and 49 to have such organization provide transportation within the geographic 50 area served by that organization, free of charge from the medical facil- 51 ity to sexual offense victims who request such services upon discharge;S. 7505--B 46 A. 9505--B 1 § 5. This act shall take effect on the same date and in the same 2 manner as a chapter of the laws of 2019, amending the executive law in 3 relation to enacting the "safe way home act", as proposed in legislative 4 bills numbers S. 3966-A and A. 5775-A, takes effect. 5 SUBPART B 6 Section 1. Section 170-c of the executive law, as added by a chapter 7 of the laws of 2019, amending the executive law relating to regulatory 8 fines for small businesses, as proposed in legislative bills numbers S. 9 5815-C and A. 7540-B, is amended to read as follows: 10 § 170-c. Regulatory penalties for small businesses. 1. Unless explic- 11 itly exempted or excluded by any other law, rule or regulation, upon a 12 first time violation of a state agency's rules or regulations related to 13 paperwork submitted to a state agency or actions or omissions that are 14 determined by such state agency to be de minimus, a small business, as 15 defined in subdivision eight of section one hundred two of the state 16 administrative procedure act, shall be afforded a cure period or other 17 opportunity for ameliorative action if the violation can be corrected, 18 the successful completion of which will prevent the imposition of penal- 19 ties on the party or parties subject to enforcement of such de minimus 20 violation. However, no waiver of penalties or cure period or other 21 opportunity for ameliorative action may be given if the agency deter- 22 mines that the violation [resulted] may result in a natural resource 23 damage claim or serious actual harm, or may [have presented] present an 24 [imminent and substantial] endangerment to public safety, human health 25 or the environment, is a violation of human or civil rights law, results 26 in loss of employee wages or benefits, interferes with any remedy, 27 review, or resolution related to harassment or discrimination claims, 28 was or is a willful violation, [involved] involves tax fraud, violates 29 requirements related to federal funding to the state, relates to state 30 funding or procurement, is similar to prior violations, is a penal law 31 violation, [or] relates to a material or substantive portion of the 32 business, or is in contravention of the public interest and/or policy 33 reflected by the agency's mission. Upon such first violation, a state 34 agency shall (a) provide the small business with a copy of [any] the 35 applicable small business regulation guides pursuant to section one 36 hundred two-a of the state administrative procedure act and any other 37 helpful [compliance] guidance or information detailing the agency's 38 rules and regulations, to the extent such materials exist, or (b) to the 39 extent practicable, provide [an opportunity for an in-person meeting,40teleconference or videoconference with the small business to help41assist] such small business assistance with compliance with the agency's 42 rules and regulations. The agency shall have the discretion to deter- 43 mine the appropriate period of time to allow [for] such small business 44 to cure or take such other ameliorative action [to occur] to address 45 such violation, which shall be reasonable but shall not be less than 46 [ninety] fifteen business days unless a longer period is allowed pursu- 47 ant to law or regulation. 48 2. As used in this section[: (a) "Small business" shall mean a busi-49ness which is resident in this state, independently owned and operated,50not dominant in its field and employs one hundred or less persons.51(b)] "[State] state agency" shall mean an agency as defined in subdi- 52 vision one of section one hundred two of the state administrative proce- 53 dure act; provided that "state agency" shall not include the departmentS. 7505--B 47 A. 9505--B 1 of taxation and finance [but shall also mean], the workers' compensation 2 board nor the department of financial services. 3 3. Nothing herein shall prevent or preclude any other waivers of 4 penalties that may be applicable by this or any other agency. 5 § 2. Section 2 of a chapter of the laws of 2019, amending the execu- 6 tive law relating to regulatory fines for small businesses, as proposed 7 in legislative bills numbers S. 5815-C and A. 7540-B, is amended to read 8 as follows: 9 § 2. This act shall take effect immediately and shall expire and be 10 deemed repealed two years after such date. 11 § 3. This act shall take effect immediately, provided, however, that 12 section one of this act takes effect on the same date and in the same 13 manner as a chapter of the laws of 2019, amending the executive law 14 relating to regulatory fines for small businesses, as proposed in legis- 15 lative bills numbers S. 5815-C and A. 7540-B, takes effect. 16 SUBPART C 17 Section 1. Sections 5 and 6 of a chapter of the laws of 2019, author- 18 izing the commissioner of general services to transfer and convey 19 certain state land to the city of New Rochelle, as proposed in legisla- 20 tive bills numbers S.6228-A and A.7846-A, are amended to read as 21 follows: 22 § 5. Any lands transferred pursuant to this act shall be used for the 23 purposes of the city of New Rochelle to utilize the subject property 24 exclusively for the construction of municipal facilities, specifically a 25 city hall building and [to satisfy the] affordable housing [needs of26residents of] located in the city of New Rochelle, which solely for the 27 purposes of this act, shall mean that one hundred percent of the rental 28 dwelling units in the building shall, upon initial rental and upon each 29 subsequent rental following a vacancy, be affordable to and restricted 30 to occupancy by individuals or families in accordance with a plan devel- 31 oped and approved by the commissioner of the New York state division of 32 homes and community renewal, and upon termination of such use, title to 33 the lands so transferred shall revert to the state of New York. In lieu 34 of such reversion, the city of New Rochelle may purchase the reverter 35 interest in the subject property at the current fair market values less 36 the value of any improvements thereon as determined by independent 37 certified appraisal or appraisals. 38 § 6. This act shall take effect immediately; provided however, that 39 the authority of the commissioner of general services to transfer and 40 convey the aforesaid lands and improvements pursuant to this act shall 41 expire two years after such effective date. 42 § 2. This act shall take effect on the same date and in the same 43 manner as a chapter of the laws of 2019, authorizing the commissioner of 44 general services to transfer and convey certain state land to the city 45 of New Rochelle, as proposed in legislative bills numbers S.6228-A and 46 A.7846-A, takes effect. 47 SUBPART D 48 Section 1. Subparagraph (vii) of paragraph (a) of subdivision 8 of 49 section 131-a of the social services law, as amended by a chapter of the 50 laws of 2019 amending the social services law relating to exempting 51 income earned by persons under the age of twenty-four from certain work- 52 force development programs from the determination of need for publicS. 7505--B 48 A. 9505--B 1 assistance programs, as proposed in legislative bills numbers S.6443 and 2 A.6753-A, is amended, and a new subparagraph (ix) is added to read as 3 follows: 4 (vii) all of the income of a dependent child living with a parent or 5 other caretaker relative, who is receiving such aid or for whom an 6 application for such aid has been made, which is derived from partic- 7 ipation in [(i) the summer youth employment program, provided however,8that in the case of earned income such disregard must be applied for at9least, but no longer than the length of such program; or (ii)] a program 10 carried out under the federal job training partnership act (P.L. 97-300) 11 or any successor act, provided, however, that in the case of earned 12 income such disregard must be applied for at least, but no longer than, 13 six months per calendar year for each such child. [Provided however, a14local social services district may exempt all the income of an individ-15ual, up to the age of twenty-four, which is derived from their partic-16ipation in the summer youth employment program, in accordance with17clause (i) of this subparagraph;] 18 (ix) all of the income derived from participation in the summer youth 19 employment program, provided however, that such income shall be exempt 20 only for an individual who is not older than age twenty-four at the time 21 of enrollment in the summer youth employment program and such disregard 22 must be applied for the length of the individual's participation in such 23 program. 24 § 2. This act shall take effect on the same date and in the same 25 manner as a chapter of the laws of 2019 amending the social services law 26 relating to exempting income earned by persons under the age of twenty- 27 four from certain workforce development programs from the determination 28 of need for public assistance programs, as proposed in legislative bills 29 numbers S.6443 and A.6753-A, takes effect. 30 SUBPART E 31 Section 1. Subdivisions 1 and 3 of section 459 of the real property 32 tax law, as amended by a chapter of the laws of 2019, amending the real 33 property tax law relating to permitting special districts to adopt a 34 local law providing for an exemption for improvements to residential 35 real property for the purpose of facilitating accessibility of such 36 property to a physically disabled owner, as proposed in legislative 37 bills numbers S.6452 and A.5137-A, are amended to read as follows: 38 1. After a public hearing, the governing body of a county, city, town 39 or village may adopt a local law or a school district [or special40district] may adopt a resolution, providing for an exemption pursuant to 41 the provisions of this section. Such local law or resolution may provide 42 that an improvement to any real property used solely for residential 43 purposes as a one, two or three family residence shall be exempt from 44 taxation and special ad valorem levies to the extent of any increase in 45 value attributable to such improvement if such improvement is used for 46 the purpose of facilitating and accommodating the use and accessibility 47 of such real property by (a) a resident owner of the real property who 48 is physically disabled, or (b) a member of the resident owner's house- 49 hold who is physically disabled, if such member resides in the real 50 property. A local law or resolution adopted pursuant to this section 51 may provide that the exemption shall apply to improvements constructed 52 prior to the effective date of such local law or resolution. 53 3. Such exemption shall be granted only upon application by the owner 54 or all of the owners of the real property on a form prescribed and madeS. 7505--B 49 A. 9505--B 1 available by the commissioner. The applicant shall furnish such informa- 2 tion as the commissioner shall require. The application shall be filed 3 together with the appropriate certified statement of physical disability 4 or certificate of blindness with the assessor of the appropriate county, 5 city, town, or village[, or special district] on or before the taxable 6 status date of such county, city, town, or village[, or special7district]. 8 § 2. This act shall take effect on the same date and in the same 9 manner as a chapter of the laws of 2019, amending the real property tax 10 law relating to permitting special districts to adopt a local law 11 providing for an exemption for improvements to residential real property 12 for the purpose of facilitating accessibility of such property to a 13 physically disabled owner, as proposed in legislative bills numbers 14 S.6452 and A.5137-A, takes effect. 15 SUBPART F 16 Section 1. Section 465 of the labor law, as added by a chapter of the 17 laws of 2019 amending the labor law relating to licenses to purchase, 18 use, or store certain compounds, as proposed in legislative bills 19 numbers S.1456 and A.4452, is REPEALED. 20 § 2. Subdivision 1 of section 451 of the labor law, as amended by 21 section 2 of part CC of chapter 57 of the laws of 2009, is amended to 22 read as follows: 23 1. "Explosives" means gunpowder, powders used for blasting, high 24 explosives, blasting materials, detonating fuses, detonators, pyrotech- 25 nics and other detonating agents, fireworks and dangerous fireworks as 26 defined in section 270.00 of the penal law, smokeless powder and any 27 chemical compound or any mechanical mixture containing any oxidizing and 28 combustible units, or other ingredients in such proportions, quantities, 29 or packing that ignition by fire, friction, concussion, percussion or 30 detonation of any part thereof may cause and is intended to cause an 31 explosion, but shall not include gasoline, kerosene, naphtha, turpen- 32 tine, benzine, acetone, ethyl ether, benzol or quantities of black 33 powder not exceeding five pounds for use in firing of antique firearms 34 or artifacts or replicas thereof. Fixed ammunition and primers for small 35 arms, pyrotechnic devices which are designed for and being used for 36 legitimate wildlife management or controls, safety fuses and matches 37 shall not be deemed to be explosives when, as provided by regulation, 38 the individual units contain any of the above-mentioned articles or 39 substances in such limited quantity, of such nature and so packed that 40 it is impossible to produce an explosion of such units to the injury of 41 life, limb or property. The term "explosives" shall also include two or 42 more components that are advertised and sold together with instructions 43 on how to combine the components to create any device designed or 44 specially adapted to facilitate a detonation or combustion. 45 § 3. This act shall take effect on the same date and in the same 46 manner as a chapter of the laws of 2019, amending the labor law relating 47 to licenses to purchase, use, or store certain compounds, as proposed in 48 legislative bills numbers S.1456 and A.4452, takes effect. 49 SUBPART G 50 Section 1. Paragraph (a) of subdivision 2 of section 31 of the private 51 housing finance law, as amended by a chapter of the laws of 2019, amend- 52 ing the private housing finance law relating to the aggregate annualS. 7505--B 50 A. 9505--B 1 income of low income persons or families eligible for accommodations in 2 a company project, as proposed in legislative bills numbers S.4133 and 3 A.5350, is amended to read as follows: 4 (a) The dwelling or non-housekeeping accommodations without board in a 5 company project shall be available for persons or families of low income 6 whose probable aggregate annual income at the time of admission and 7 during the period of occupancy does not exceed, the greater of (i) the 8 median income for such persons or families for the metropolitan statis- 9 tical area in which the project is located, or if a project is located 10 outside a metropolitan statistical area, the median income for such 11 persons or families for the county in which the project is located, as 12 most recently determined by the United States department of housing and 13 urban development, in which case any person or family becoming eligible 14 for admission pursuant to this subparagraph shall pay, from the time of 15 admission, a rental surcharge as provided for in subdivision three of 16 this section, computed on the basis of the income limitations applicable 17 to such persons or families in the absence of this subparagraph, or (ii) 18 eight times the rental, including the value or cost to them of heat, 19 light, water and cooking fuel, of the dwellings that may be furnished to 20 such persons or families, except that in the case of families with three 21 or more dependents, such ratio shall not exceed nine to one. Persons or 22 families with two or less dependents eligible for admission or continued 23 occupancy pursuant to subparagraph (ii) of this paragraph or subpara- 24 graph (ii) of this paragraph prior to the effective date of a chapter of 25 the laws of two thousand nineteen that amended subparagraph (ii) of this 26 paragraph, shall pay a rental surcharge computed on the basis of an 27 income limitation of seven times the rental and families with three or 28 more dependents eligible for admission or continued occupancy pursuant 29 to subparagraph (ii) of this paragraph or subparagraph (ii) of this 30 paragraph prior to the effective date of a chapter of the laws of two 31 thousand nineteen that amended subparagraph (ii) of this paragraph, 32 shall pay a rental surcharge computed on the basis of an income limita- 33 tion of eight times the cost of the rental, including in each instance 34 the value or cost to the persons or families of heat, light, water and 35 cooking fuel, of the dwellings furnished to such persons or families. 36 The "probable aggregate annual income" in the case of dwelling accom- 37 modations means the annual income of the chief wage earner of the fami- 38 ly, plus all other income of other members of the family over the age of 39 twenty-one years, plus a proportion of income of gainfully employed 40 members under the age of twenty-one years, the proportion to be deter- 41 mined by the company as approved by the commissioner or the supervising 42 agency, as the case may be, excluding therefrom a deduction of fifteen 43 thousand dollars from the income of secondary wage earners of the family 44 or a larger deduction if approved by the commissioner or the supervising 45 agency, as the case may be, except that the company, as approved by the 46 commissioner or the supervising agency, as the case may be, may exclude 47 a proportion of the income of other members of the family over the age 48 of twenty-one years for the purpose of determining eligibility for 49 admission or continued occupancy, or for establishing the rental of such 50 family, or for all such purposes; in the case of such non-housekeeping 51 accommodations it means the annual income of the occupant, provided that 52 the commissioner or supervising agency, as the case may be, may make 53 rules and regulations relative to the allocation of the income of a 54 family among the members thereof for the purpose of determining the 55 income attributable to such occupant.S. 7505--B 51 A. 9505--B 1 § 2. This act shall take effect on the same date and in the same 2 manner as a chapter of the laws of 2019, amending the private housing 3 finance law relating to the aggregate annual income of low income 4 persons or families eligible for accommodations in a company project, as 5 proposed in legislative bills numbers S.4133 and A.5350, takes effect. 6 SUBPART H 7 Section 1. Section 1 of a chapter of the laws of 2019, relating to 8 directing the metropolitan transportation authority to rename certain 9 subway stations, as proposed in legislative bills numbers S. 3439-A and 10 A. 1512-A, is amended to read as follows: 11 Section 1. [The] Upon a determination by the Metropolitan Transporta- 12 tion Authority or the New York City Transit Authority that sufficient 13 funds have been committed to it specifically for such purpose, the 14 Metropolitan Transportation Authority, the public benefit corporation 15 created by section twelve hundred sixty-three of the public authorities 16 law, and the New York City Transit Authority, the public benefit corpo- 17 ration created by section twelve hundred one of the public authorities 18 law, shall use such specifically committed funds to rename the President 19 Street subway station on the IRT Nostrand Avenue line of the New York 20 city subway [is hereby named] to the President Street - Medgar Evers 21 College station and the Franklin Avenue subway station on the IRT East- 22 ern Parkway line [is hereby named] of the New York City subway to the 23 Franklin Avenue - Medgar Evers College station. The MTA shall ensure 24 that all signs, [maps,] and any other items issued by the MTA are 25 updated to accurately reflect the new name of the stations within [such26time and in such manner as the MTA shall deem appropriate] ten months. 27 § 2. Section 2 of a chapter of the laws of 2019, relating to directing 28 the metropolitan transportation authority to rename certain subway 29 stations, as proposed in legislative bills numbers S. 3439-A and A. 30 1512-A, is amended to read as follows: 31 § 2. This act shall take effect immediately, and shall be deemed 32 repealed after the signs, and any other items are accurately updated. 33 The chief executive officer of the Metropolitan Transportation Authority 34 or president of the New York City transit authority shall notify the 35 legislative bill drafting commission upon the completion of such updates 36 in order that the commission may maintain an accurate and timely effec- 37 tive data base of the official text of the laws of the state of New York 38 in furtherance of effectuating the provisions of section 44 of the 39 legislative law and section 70-b of the public officers law. 40 § 3. This act shall take effect immediately; provided, however, that 41 section one of this act shall take effect on the same date and in the 42 same manner as a chapter of the laws of 2019, relating to directing the 43 metropolitan transportation authority to rename certain subway stations, 44 as proposed in legislative bills numbers S. 3439-A and A. 1512-A. 45 SUBPART I 46 Section 1. Section 3 of chapter 383 of the laws of 2019 amending the 47 public authorities law relating to the Roosevelt Island operating corpo- 48 ration is amended to read as follows: 49 § 3. Title 35 of Article 8 of the public authorities law constituting 50 the Roosevelt Island operating corporation created by this act shall be 51 deemed for all purposes to be a continuation of the Roosevelt Island 52 operating corporation as it was constituted immediately preceding theS. 7505--B 52 A. 9505--B 1 effective date of this act and shall not be construed as a newly created 2 corporation. All members of the Roosevelt Island operating corporation 3 board of directors appointed to the board of the corporation as such 4 corporation was constituted immediately preceding the effective date of 5 this act shall continue in office until the expiration of their terms 6 and until their successors are appointed and have qualified. All unex- 7 pended balances of appropriations of monies heretobefore made or allo- 8 cated to the Roosevelt Island operating corporation as such corporation 9 was constituted immediately preceding the effective date of this act 10 whether obligated or unobligated, are hereby transferred to and made 11 available to the Roosevelt Island operating corporation as created by 12 this act. All rules, regulations, orders, determinations, and decisions 13 of the Roosevelt Island operating corporation, as it was constituted 14 immediately preceding the effective date of this act, shall continue in 15 full force and effect as rules, regulations, orders, determinations and 16 decisions of the Roosevelt Island operating corporation created by this 17 act. 18 § 4. This act shall take effect immediately. 19 § 2. This act shall take effect immediately and shall be deemed to 20 have been in full force and effect on the same date and in the same 21 manner as chapter 383 of the laws of 2019 took effect. 22 SUBPART J 23 Section 1. Subdivisions 15 and 16 of section 202 of the elder law, 24 subdivision 15 as amended by section 31-b of part AA of chapter 56 of 25 the laws of 2019, and subdivision 16 as added by chapter 455 of the laws 26 of 2016, are amended and a new subdivision 17 is added to read as 27 follows: 28 15. to periodically, in consultation with the state director of veter- 29 ans' services, review the programs operated by the office to ensure that 30 the needs of the state's aging veteran population are being met and to 31 develop improvements to programs to meet such needs; [and] 32 16. to the extent appropriations are available, and in consultation 33 with the office of children and family services, conduct a public educa- 34 tion campaign that emphasizes zero-tolerance for elder abuse. Such 35 campaign shall include information about the signs and symptoms of elder 36 abuse, identification of potential causes of elder abuse, resources 37 available to assist in the prevention of elder abuse, where suspected 38 elder abuse can be reported, contact information for programs offering 39 services to victims of elder abuse such as counseling, and assistance 40 with arranging personal care and shelter. Such campaign may include, but 41 not be limited to: printed educational and informational materials; 42 audio, video, electronic, other media; and public service announcements 43 or advertisements[.]; and 44 17. subject to an appropriation, make available to designated agencies 45 as defined in paragraph (a) of subdivision one of section two hundred 46 fourteen of this title, a training program for the purpose of raising 47 awareness, removing barriers and improving services for older adults 48 based on their sexual orientation and gender identity or expression as 49 defined in section two hundred ninety-two of the executive law. Such 50 training program may include: 51 (i) an overview of the history, unique needs, and concerns of lesbian, 52 gay, bisexual, transgender, asexual, gender non-conforming and gender 53 non-binary older adults;S. 7505--B 53 A. 9505--B 1 (ii) reasons why lesbian, gay, bisexual, transgender, asexual, gender 2 non-conforming and gender non-binary older adults may choose not to 3 self-identify; and 4 (iii) tools that may be used to incorporate lesbian, gay, bisexual, 5 transgender, asexual, gender non-conforming and gender non-binary older 6 adult concerns into direct care and steps that may be taken to improve 7 the quality of services and support provided. 8 § 2. Subdivisions 13 and 14 of section 203 of the elder law, as added 9 by a chapter of the laws of 2019, amending the elder law relating to the 10 state office for the aging sexual discrimination training program, as 11 proposed in legislative bills numbers S. 5958 and A. 7593, are REPEALED. 12 § 3. This act shall take effect on the same date and in the same 13 manner as a chapter of the laws of 2019, amending the elder law relating 14 to the state office for the aging sexual discrimination training 15 program, as proposed in legislative bills numbers S. 5958 and A. 7593, 16 takes effect. 17 SUBPART K 18 Section 1. Subparagraph (B) of paragraph 1 of subsection (a) of 19 section 3240 of the insurance law, as amended by chapter 461 of the laws 20 of 2015, clause (ii) as amended by a chapter of the laws of 2019, amend- 21 ing the insurance law relating to policies or contracts which are not 22 included in the definition of student accident and health insurance, as 23 proposed in legislative bills numbers S. 6197 and A. 492, is amended to 24 read as follows: 25 (B) "Student accident and health insurance" shall not include: 26 (i) a policy or contract that provides limited scope dental or vision 27 benefits meeting the definition of "excepted benefits" set forth in 28 section 2791 of the public health service act, 42 U.S.C. § 300gg-91(c); 29 [or] 30 (ii) [a] an accident policy or contract that provides benefits meeting 31 the definition of "excepted benefits" set forth in section 2791 of the 32 public health service act, 42 U.S.C. § 300gg-91(c), if the policy or 33 contract [is limited to insurance coverage for personal risks incident34to planned travel, including sickness, accident, disability, or death35occurring during travel, provided that such health benefits are not36offered on a stand-alone basis and are incidental to other coverage.37(iii) an accident policy or contract that provides benefits meeting38the definition of "excepted benefits" set forth in section 2791 of the39public health service act, 42 U.S.C. § 300gg-91(c), if the policy or40contract]: 41 (I) is limited to coverage for intercollegiate sports injuries only; 42 (II) provides benefits to diagnose and treat any intercollegiate 43 sports injury and does not include a benefit dollar maximum amount per 44 injury that is less than the overall benefit dollar maximum amount per 45 student under the intercollegiate sports injury policy or contract; 46 (III) provides benefits on an expense incurred basis; 47 (IV) provides that premiums are paid in full by the institution of 48 higher education; 49 (V) includes prominent disclosure to the student that the accident 50 policy is not a substitute for comprehensive hospital and medical cover- 51 age; 52 (VI) provides coverage for intercollegiate sports injuries primary to 53 any student accident and health insurance policy or contract or any 54 student health plan issued pursuant to section one thousand one hundredS. 7505--B 54 A. 9505--B 1 twenty-four of this chapter; except that a policy or contract meeting 2 the requirements of this item may be excess or secondary to any other 3 policy or contract of accident and health insurance; and 4 (VII) includes a maximum benefit amount that is no less than the 5 deductible under the separate athletic association policy or contract if 6 designed to coordinate with a separate policy or contract issued to an 7 athletic association that extends coverage for intercollegiate sports 8 injuries; 9 (iii) an accident policy or contract that provides benefits meeting 10 the definition of "excepted benefits" set forth in section 2791 of the 11 public health service act, 42 U.S.C. § 300gg-91(c)(1)(A), if the policy 12 or contract: 13 (I) is limited to transportation expenses in the event an insured 14 student incurs a covered sickness or accident, including transportation 15 expenses for a medical escort to travel with the student and transporta- 16 tion expenses for returning the student to the student's domicile; 17 (II) provides that premiums are paid in full by the institution of 18 higher education; 19 (III) covers students enrolled in the institution of higher education; 20 (IV) includes prominent disclosure to the student that the accident 21 policy is not a substitute for comprehensive hospital and medical cover- 22 age; and 23 (V) provides coverage for a period of twelve months; or 24 (iv) an insurance policy, contract, or certificate that provides 25 hospital, medical, or surgical expense coverage for a student while 26 studying outside the United States for a period of twelve months or less 27 that is issued to a student, provided that the student is also covered 28 by comprehensive hospital and medical coverage within the United States 29 and the insurance policy, contract, or certificate: 30 (I) is subject to the requirements of subsections (b), (c), (d), (e), 31 (h), and (i) of this section; 32 (II) meets the definition of "expatriate health plan" set forth in 42 33 U.S.C. § 18014(d)(2); 34 (III) excludes coverage within the United States; 35 (IV) may offer coverage for global evacuation and repatriation in the 36 event of the insured student's sickness or accident; and 37 (V) may offer coverage for trip cancellation, trip interruption, 38 baggage, personal effects, or global evacuation and repatriation, 39 including evacuation in the event of a natural or man-made disaster, 40 such as an epidemic, political event, war, terrorist act, riot, or civil 41 insurrection, pursuant to section three thousand four hundred fifty-two 42 of this chapter. 43 § 2. Clause (iii) of subparagraph (C) of paragraph 3 of subsection (a) 44 of section 4237 of the insurance law, as amended by chapter 461 of the 45 laws of 2015, is amended to read as follows: 46 (iii) as described in item (ii), (iii) or (iv) of subparagraph (B) of 47 paragraph one of subsection (a) of section three thousand two hundred 48 forty of this chapter. 49 § 3. Paragraphs 3, 4 and 5 of subsection (a) of section 3452 of the 50 insurance law, as added by chapter 318 of the laws of 2008, are amended 51 to read as follows: 52 (3) The policy may be issued to: 53 (A) any railroad company, steamship company, carrier by air, public 54 bus carrier, or other common carrier of passengers, which shall be 55 deemed the policyholder, where the policy insures its passengers; [or]S. 7505--B 55 A. 9505--B 1 (B) an institution of higher education as provided in paragraph two of 2 subsection (a) of section three thousand two hundred forty of this chap- 3 ter; or 4 (C) any other group where the superintendent has determined in a regu- 5 lation that the members are engaged in a common enterprise, or have an 6 economic or social affinity or relationship, and that the issuance of 7 the policy would not be contrary to the best interests of the public. 8 (4) [The] (A) Except as provided in subparagraph (B) of paragraph one 9 of subsection (a) of section three thousand two hundred forty of this 10 chapter, the policy may provide coverage for trip cancellation, trip 11 interruption, baggage, and personal effects when limited to a specific 12 trip. The policy shall be sold in connection with transportation 13 provided by the common carrier or, with respect to other groups as 14 permitted by the superintendent in accordance with subparagraph [(B)] 15 (C) of paragraph three of this subsection, subject to such limitations 16 provided in the regulation promulgated by the superintendent. 17 (B) A policy issued to an institution of higher education shall comply 18 with clause (V) of item (iv) of subparagraph (B) of paragraph one of 19 subsection (a) of section three thousand two hundred forty of this chap- 20 ter. 21 (5) Coverage under the policy shall be limited to the group member's 22 risks with respect to a particular trip, except a policy issued to an 23 institution of higher education shall comply with item (iv) of subpara- 24 graph (B) of paragraph one of subsection (a) of section three thousand 25 two hundred forty of this chapter. 26 § 4. Paragraph 1 of subsection (c) of section 3452 of the insurance 27 law, as added by chapter 318 of the laws of 2008, is amended to read as 28 follows: 29 (1) Unless the group policy provides for a longer policy period, the 30 policy shall be issued or renewed for a one-year policy period, except a 31 policy issued to an institution of higher education shall be issued or 32 renewed for a period consistent with item (iv) of subparagraph (B) of 33 paragraph one of subsection (a) of section three thousand two hundred 34 forty of this chapter. 35 § 5. Subparagraph (B) of paragraph 7 of subsection (c) of section 3452 36 of the insurance law, as added by chapter 318 of the laws of 2008, is 37 amended to read as follows: 38 (B) The coverage shall terminate as provided in the certificate, which 39 shall in no event be later than the conclusion of the trip, except 40 coverage under a policy issued to an institution of higher education as 41 provided in item (iv) of subparagraph (B) of paragraph one of subsection 42 (a) of section three thousand two hundred forty of this chapter shall 43 terminate in accordance with the provisions of that section. 44 § 6. This act shall take effect on the same date and in the same 45 manner as a chapter of the laws of 2019, amending the insurance law 46 relating to policies or contracts which are not included in the defi- 47 nition of student accident and health insurance, as proposed in legisla- 48 tive bills numbers S. 6197 and A. 492, takes effect. 49 SUBPART L 50 Section 1. Subdivision 5 of section 1017 of the family court act, as 51 added by a chapter of the laws of 2019 amending the family court act and 52 the social services law relating to notice of indicated reports of child 53 maltreatment and changes of placement in child protective and voluntaryS. 7505--B 56 A. 9505--B 1 foster care placement and review proceedings, as proposed in legislative 2 bills numbers S. 6215 and A. 7974, is amended to read as follows: 3 5. In any case in which an order has been issued pursuant to this 4 article remanding or placing a child in the custody of the local social 5 services district, the social services official or authorized agency 6 charged with custody or care of the child shall report any anticipated 7 change in placement to the [attorneys for the parties and the attorney8for the child not later than ten days prior to such change in any case9in which the child is moved from the foster home or program into which10he or she has been placed or in which the foster parents move out of11state with the child; provided, however, that where an immediate change12of placement on an emergency basis is required, the report shall be13transmitted no later than the next business day after such change in14placement has been made. The social services official or authorized15agency shall also submit a report to the attorneys for the parties and16the attorney for the child or include in the placement change report any17indicated report of child abuse or maltreatment concerning the child or18(if a person or persons caring for the child is or are the subject of19the report) another child in the same home within five days of the indi-20cation of the report. The official or agency may protect the confiden-21tiality of identifying or address information regarding the foster or22prospective adoptive parents. Reports regarding indicated reports of23child abuse or maltreatment provided pursuant to this subdivision shall24include a statement advising recipients that the information in such25report of child abuse or maltreatment shall be kept confidential, shall26be used only in connection with a proceeding under this article or27related proceedings under this act and may not be redisclosed except as28necessary for such proceeding or proceedings and as authorized by law.29Reports under this paragraph may be transmitted by any appropriate30means, including, but not limited to, by electronic means or placement31on the record during proceedings in family court] court and the attor- 32 neys for the parties, including the attorney for the child, forthwith, 33 but not later than one business day following either the decision to 34 change the placement or the actual date the placement change occurred, 35 whichever is sooner. Such notice shall indicate the date that the place- 36 ment change is anticipated to occur or the date the placement change 37 occurred, as applicable. Provided, however, if such notice lists an 38 anticipated date for the placement change, the local social services 39 district or authorized agency shall subsequently notify the court and 40 attorneys for the parties, including the attorney for the child, of the 41 date the placement change occurred; such notice shall occur no later 42 than one business day following the placement change. 43 § 2. Subdivision (j) of section 1055 of the family court act, as added 44 by a chapter of the laws of 2019 amending the family court act and the 45 social services law relating to notice of indicated reports of child 46 maltreatment and changes of placement in child protective and voluntary 47 foster care placement and review proceedings, as proposed in legislative 48 bills numbers S. 6215 and A. 7974, is amended to read as follows: 49 (j) In any case in which an order has been issued pursuant to this 50 section placing a child in the custody or care of the commissioner of 51 social services, the social services official or authorized agency 52 charged with custody of the child shall report any anticipated change in 53 placement to the [attorneys for the parties and the attorney for the54child not later than ten days prior to such change in any case in which55the child is moved from the foster home or program into which he or she56has been placed or in which the foster parents move out of state withS. 7505--B 57 A. 9505--B 1the child; provided, however, that where an immediate change of place-2ment on an emergency basis is required, the report shall be transmitted3no later than the next business day after such change in placement has4been made. The social services official or authorized agency shall also5submit a report to the attorneys for the parties and the attorney for6the child or include in the placement change report any indicated report7of child abuse or maltreatment concerning the child or (if a person or8persons caring for the child is or are the subject of the report) anoth-9er child in the same home within five days of the indication of the10report. The official or agency may protect the confidentiality of iden-11tifying or address information regarding the foster or prospective adop-12tive parents. Reports regarding indicated reports of child abuse or13maltreatment provided pursuant to this subdivision shall include a14statement advising recipients that the information in such report of15child abuse or maltreatment shall be kept confidential, shall be used16only in connection with a proceeding under this article or related17proceedings under this act and may not be redisclosed except as neces-18sary for such proceeding or proceedings and as authorized by law.19Reports under this paragraph may be transmitted by any appropriate20means, including, but not limited to, by electronic means or placement21on the record during proceedings in family court] court and the attor- 22 neys for the parties, including the attorney for the child, forthwith, 23 but not later than one business day following either the decision to 24 change the placement or the actual date the placement change occurred, 25 whichever is sooner. Such notice shall indicate the date that the place- 26 ment change is anticipated to occur or the date the placement change 27 occurred, as applicable. Provided, however, if such notice lists an 28 anticipated date for the placement change, the local social services 29 district or authorized agency shall subsequently notify the court and 30 attorneys for the parties, including the attorney for the child, of the 31 date the placement change occurred; such notice shall occur no later 32 than one business day following the placement change. 33 § 3. Clause (H) of subparagraph (vii) of paragraph 2 of subdivision 34 (d) of section 1089 of the family court act, as added by a chapter of 35 the laws of 2019 amending the family court act and the social services 36 law relating to notice of indicated reports of child maltreatment and 37 changes of placement in child protective and voluntary foster care 38 placement and review proceedings, as proposed in legislative bills 39 numbers S. 6215 and A. 7974, is amended to read as follows: 40 (H) a direction that the social services official or authorized agency 41 charged with care and custody or guardianship and custody of the child, 42 as applicable, report any anticipated change in placement to the [attor-43neys for the parties and the attorney for the child not later than ten44days prior to such change in any case in which the child is moved from45the foster home or program into which he or she has been placed or in46which the foster parents move out of state with the child; provided,47however, that where an immediate change of placement on an emergency48basis is required, the report shall be transmitted no later than the49next business day after such change in placement has been made. The50social services official or authorized agency shall also submit a report51to the attorneys for the parties and the attorney for the child or52include in the placement change report any indicated report of child53abuse or maltreatment concerning the child or (if a person or persons54caring for the child is or are the subject of the report) another child55in the same home within five days of the indication of the report. The56official or agency may protect the confidentiality of identifying orS. 7505--B 58 A. 9505--B 1address information regarding the foster or prospective adoptive2parents. Reports under this paragraph shall not be sent to attorneys for3birth parents whose parental rights have been terminated or who have4surrendered their child or children. Reports regarding indicated reports5of child abuse or maltreatment provided pursuant to this subdivision6shall include a statement advising recipients that the information in7such report of child abuse or maltreatment shall be kept confidential,8shall be used only in connection with a proceeding under this article or9related proceedings under this act and may not be redisclosed except as10necessary for such proceeding or proceedings and as authorized by law.11Reports under this paragraph may be transmitted by any appropriate means12including, but not limited to, by electronic means or placement on the13record during proceedings in family court] court and the attorneys for 14 the parties, including the attorney for the child, forthwith, but not 15 later than one business day following either the decision to change the 16 placement or the actual date the placement change occurred, whichever is 17 sooner. Such notice shall indicate the date that the placement change is 18 anticipated to occur or the date the placement change occurred, as 19 applicable. Provided, however, if such notice lists an anticipated date 20 for the placement change, the local social services district or author- 21 ized agency shall subsequently notify the court and attorneys for the 22 parties, including the attorney for the child, of the date the placement 23 change occurred; such notice shall occur no later than one business day 24 following the placement change; and 25 § 4. Paragraph (g) of subdivision 3 of section 358-a of the social 26 services law, as added by a chapter of the laws of 2019 amending the 27 family court act and the social services law relating to notice of indi- 28 cated reports of child maltreatment and changes of placement in child 29 protective and voluntary foster care placement and review proceedings, 30 as proposed in legislative bills numbers S. 6215 and A. 7974, is amended 31 to read as follows: 32 (g) In any case in which an order has been issued pursuant to this 33 section approving a foster care placement instrument, the social 34 services official or authorized agency charged with custody or care of 35 the child shall report any anticipated change in placement to the 36 [attorneys for the parties and the attorney for the child not later than37ten days prior to such change in any case in which the child is moved38from the foster home or program into which he or she has been placed or39in which the foster parents move out of state with the child; provided,40however, that where an immediate change of placement on an emergency41basis is required, the report shall be transmitted no later than the42next business day after such change in placement has been made. The43social services official or authorized agency shall also submit a report44to the attorneys for the parties and the attorney for the child or45include in the placement change report any indicated report of child46abuse or maltreatment concerning the child or (if a person or persons47caring for the child is or are the subject of the report) another child48in the same home within five days of the indication of the report. The49official or agency may protect the confidentiality of identifying or50address information regarding the foster or prospective adoptive51parents. Reports regarding indicated reports of child abuse or52maltreatment provided pursuant to this subdivision shall include a53statement advising recipients that the information in such report of54child abuse or maltreatment shall be kept confidential, shall be used55only in connection with a proceeding under this section or related56proceedings under the family court act and may not be redisclosed exceptS. 7505--B 59 A. 9505--B 1as necessary for such proceeding or proceedings and as authorized by2law. Reports under this paragraph may be transmitted by any appropriate3means including, but not limited to, by electronic means or placement on4the record during proceedings in family court] court and the attorneys 5 for the parties, including the attorney for the child, forthwith, but 6 not later than one business day following either the decision to change 7 the placement or the actual date the placement change occurred, whichev- 8 er is sooner. Such notice shall indicate the date that the placement 9 change is anticipated to occur or the date the placement change 10 occurred, as applicable. Provided, however, if such notice lists an 11 anticipated date for the placement change, the local social services 12 district or authorized agency shall subsequently notify the court and 13 attorneys for the parties, including the attorney for the child, of the 14 date the placement change occurred; such notice shall occur no later 15 than one business day following the placement change. 16 § 5. This act shall take effect on the same date and in the same 17 manner as a chapter of the laws of 2019 amending the family court act 18 and the social services law relating to notice of indicated reports of 19 child maltreatment and changes of placement in child protective and 20 voluntary foster care placement and review proceedings, as proposed in 21 legislative bills numbers S. 6215 and A. 7974, takes effect. 22 SUBPART M 23 Section 1. Subdivision 18 of section 5-211 of the election law, as 24 amended by a chapter of the laws of 2019, amending the election law 25 relating to voter registration form distribution and assistance, as 26 proposed in legislative bills numbers S. 1128-A and A. 2599-A, is 27 amended to read as follows: 28 18. (a) (i) On or before January first, two thousand twenty, all 29 institutions of the state university of New York and the city university 30 of New York shall create and make available to all students a webpage 31 for voter education on each such institution's website, containing a 32 link to an application for voter registration, a link to an application 33 for an absentee ballot, contact information for the county board of 34 elections, and the name and contact information for the administrator 35 responsible for voter registration assistance on each campus. 36 (ii) Each such institution shall, at the beginning of the school year, 37 and again in January of a year in which the president of the United 38 States is to be elected, provide an application for voter registration 39 and an application for an absentee ballot to each student in each such 40 institution. [Such institutions shall also offer each student an appli-41cation for an absentee ballot. Such institutions shall provide the same42degree of assistance as required of participating agencies.] Each insti- 43 tution shall be considered in compliance with [these] the requirements 44 of this subparagraph for each student to whom the institution electron- 45 ically transmits a message containing the link to the webpage for voter 46 education [and], the link to an application for voter registration and 47 the link to an application for an absentee ballot, if such information 48 is in an electronic message devoted exclusively to voter registration. 49 (iii) Each such institution shall provide the same degree of assist- 50 ance as required of participating agencies. 51 (b) [Each institution] The state university of New York and the city 52 university of New York, on behalf of each institution within its system, 53 shall on or before [January] June first, two thousand twenty, and eachS. 7505--B 60 A. 9505--B 1 subsequent year, submit a report disaggregated according to each insti- 2 tution to the state board of elections that includes: 3 (i) the efforts of the institution to register voters in the preceding 4 calendar year; 5 (ii) a date-stamped screen shot of the webpage for voter education 6 that contains the required information under paragraph (a) of this 7 subdivision; 8 (iii) the number of students who were registered for course work in 9 the preceding twelve months at such institution and the number of 10 [students who clicked] clicks on the links to online voter registration 11 and absentee ballot applications; and 12 (iv) any other efforts or recommendations the institution plans to 13 implement to improve access to voter registration and absentee ballot 14 voting for students at the institution. 15 (c) The state board of elections shall make the reports provided 16 pursuant to paragraph (b) of this subdivision publicly available on its 17 website. 18 § 2. This act shall take effect on the same date and in the same 19 manner as a chapter of the laws of 2019, amending the election law 20 relating to voter registration form distribution and assistance, as 21 proposed in legislative bills numbers S. 1128-A and A. 2599-A, takes 22 effect. 23 SUBPART N 24 Section 1. Subparagraph (v) of paragraph (a) of subdivision 2 of 25 section 9-209 of the election law, as added by a chapter of the laws of 26 2019 amending the election law relating to canvass of ballots cast by 27 certain voters, as proposed in legislative bills numbers S. 3045-B and 28 A. 1320-A, is amended to read as follows: 29 (v) If the board of elections determines that a person was entitled to 30 vote at such election, the board shall cast and canvass such ballot if 31 such board finds that the voter substantially complied with the require- 32 ments of this chapter. For purposes of this subparagraph, substantially 33 complied shall mean the board can determine the voter's eligibility 34 based on the statement of the affiant or records of the board. 35 § 2. This act shall take effect on the same date and in the same 36 manner as a chapter of the laws of 2019 amending the election law relat- 37 ing to canvass of ballots cast by certain voters, as proposed in legis- 38 lative bills numbers S. 3045-B and A. 1320-A, takes effect. 39 SUBPART O 40 Section 1. Article 33 of the labor law, as added by section 1 of part 41 A of a chapter of the laws of 2019, amending the labor law and the state 42 finance law relating to requiring the licensing of persons engaged in 43 the design, construction, inspection, maintenance, alteration, and 44 repair of elevators and other automated people moving devices, as 45 proposed in legislative bills numbers S. 4080-C and A. 4509-A, is 46 REPEALED and a new article 33 is added to read as follows: 47 ARTICLE 33 48 ELEVATORS AND OTHER CONVEYANCES; LICENSING 49 Section 950. Application. 50 951. Definitions. 51 952. Licensing and compliance requirements. 52 953. License procedure.S. 7505--B 61 A. 9505--B 1 954. Qualifications, training, and continuing education. 2 955. Powers of the commissioner. 3 956. New York state elevator safety and standards advisory 4 board. 5 957. Exempt persons. 6 § 950. Application. 1. This article covers licensing of businesses and 7 occupations that engage in design, construction, installation, 8 inspection, testing, maintenance, alteration, service, and repair of the 9 following equipment: 10 (a) hoisting and lowering mechanisms equipped with a car or platform 11 which moves between two or more landings. This equipment includes, but 12 is not limited to elevators, platform lifts, and non-residential stair- 13 way chair lifts; 14 (b) power driven stairways and walkways for carrying persons between 15 landings. This equipment includes, but is not limited to, escalators and 16 moving walks; 17 (c) hoisting and lowering mechanisms equipped with a car, which serves 18 two or more landings and is restricted to the carrying of material by 19 its limited size or limited access to the car. This equipment includes, 20 but is not limited to, dumbwaiters, material lifts, and dumbwaiters with 21 automatic transfer devices as defined in section nine hundred fifty-one 22 of this article; and 23 (d) automatic guided transit vehicles on guideways with an exclusive 24 right-of-way. This equipment includes, but is not limited to, automated 25 people movers. 26 2. The following equipment is not covered by this article: 27 (a) personnel and material hoists; 28 (b) manlifts; 29 (c) mobile scaffolds, towers, and platforms; 30 (d) powered platforms and equipment for exterior and interior mainte- 31 nance; 32 (e) conveyor and related equipment; 33 (f) cranes, derricks, hoists, hooks, jacks, and slings; 34 (g) industrial trucks; 35 (h) portable equipment, except for portable escalators; 36 (i) tiering and piling machines used to move materials to and from 37 storage located and operating entirely within one story; 38 (j) equipment for feeding or positioning materials including, but not 39 limited to, machine tools and printing presses; 40 (k) skip or furnace hoists; 41 (l) wharf ramps; 42 (m) railroad car lifts or dumpers; 43 (n) stairway chairlifts for private residences; and 44 (o) line jacks, false cars, shafters, moving platforms, and similar 45 equipment used for installing an elevator by a contractor licensed in 46 this state. 47 3. The licensing provisions of this article shall not apply to the 48 owners or lessees of private residences who design, construct, install, 49 alter, repair, service, or maintain conveyances that are located or will 50 be located in such owner or lessee's private residence. However, any 51 person hired to design, construct, install, alter, repair, service, 52 maintain, or perform any other work related to such conveyances must 53 comply with the provisions of this article. 54 4. No license shall be required for the removal or dismantling of 55 conveyances.S. 7505--B 62 A. 9505--B 1 5. No license shall be required for the outfitting, removal, refinish- 2 ing, or replacement of interior finishes, including wall panels, drop 3 ceilings, handrails and flooring, removal or replacement of interior 4 lighting, recladding of doors, transoms and front return panels, finish- 5 ing, or ornamental work on car operating panels. 6 6. The provisions of this article and the rules adopted pursuant ther- 7 eto shall be the minimum standard required and shall supersede any 8 special law or local ordinance inconsistent therewith, and no local 9 ordinance inconsistent therewith shall be adopted, but nothing herein 10 contained shall prevent the enactment by local law or ordinance of addi- 11 tional requirements and restrictions. 12 7. Any municipal corporation may waive licensing fees for any individ- 13 ual seeking an elevator license, or its equivalent, offered by such 14 municipal corporation if such individual holds an elevator mechanic's 15 license pursuant to this article; provided, however, that any elevator 16 mechanic's license, or its equivalent, offered by a municipal corpo- 17 ration shall not be inconsistent with the requirements of this article 18 and nothing herein shall prevent the enactment by local law or ordinance 19 of additional requirements. 20 § 951. Definitions. As used in this article, the following terms shall 21 have the following definitions: 22 1. "Automated people mover" means a guided transit mode with fully 23 automated operation, featuring vehicles that operate on guideways with 24 exclusive right-of-way. 25 2. "Accessibility lift" means elevators or conveyances that are 26 intended for transportation of persons with disabilities, such as plat- 27 form lifts and stairway chairlifts, including equipment covered by the 28 provisions of ASME (American Society of Mechanical Engineers) A18.1 2017 29 Safety Standard for Platform Lifts and Stairway Chairlifts. 30 3. "Accessibility lift technician" means a person who performs acces- 31 sibility lift work. 32 4. "Accessibility lift technician's license" means a restricted eleva- 33 tor mechanic's license that authorizes the holder to engage in accessi- 34 bility lift work. 35 5. "Accessibility lift work" means elevator and conveyance work that 36 is restricted to accessibility lifts. 37 6. "Business license" means a license that authorizes the holder to 38 engage in the business of elevator and conveyance work, or elevator and 39 conveyance inspections. 40 7. "Elevator and conveyance work" means performing activities that 41 include the design, construction, installation, testing, maintenance, 42 alteration, service, and repair of any elevator or conveyance. 43 8. "Elevator or conveyance" means any equipment identified in para- 44 graphs (a) through (d) of subdivision one of section nine hundred fifty 45 of this article, including any elevator, dumbwaiter, escalator, moving 46 sidewalk, platform lifts, non-residential stairway chairlifts and auto- 47 mated people movers. Elevator or conveyance shall not mean any equip- 48 ment identified in subdivision two of section nine hundred fifty of this 49 article. 50 9. "Elevator and conveyance inspections" means performing the 51 inspection or any related testing of any elevator or conveyance, but 52 does not include government regulatory inspections performed by an 53 authority having jurisdiction to enforce any applicable building codes 54 and any elevator codes. 55 10. "Elevator" means a hoisting and lowering mechanism, equipped with 56 a car, that moves within guides and serves two or more landings.S. 7505--B 63 A. 9505--B 1 11. "Elevator or conveyance component" means any elevator or convey- 2 ance, or any parts, components, or subsystems thereof, or any combina- 3 tion thereof. 4 12. "Elevator contractor" means any business that engages in elevator 5 and conveyance work. 6 13. "Elevator helper/apprentice/assistant mechanic" means any person 7 who works under the general direction of a licensed elevator mechanic. 8 14. "Elevator inspector" means any person who performs elevator and 9 conveyance inspections, whether individually or through an elevator 10 inspection contractor or public employer. 11 15. "Elevator inspection contractor" means any business that performs 12 elevator and conveyance inspections. 13 16. "Elevator mechanic" means any person who performs elevator and 14 conveyance work. 15 17. "Escalator" means a power-driven, inclined, continuous stairway 16 used for raising or lowering passengers. 17 18. "Existing installation" means an installation that has been 18 completed or is under construction prior to the effective date of this 19 article. 20 19. "License" means a credential duly issued by the commissioner 21 authorizing the holder to engage a business or an occupation whose scope 22 includes accessibility lift work, or elevator and conveyance work, or 23 elevator and conveyance inspections. 24 20. "Elevator contractor's license" means a business license that 25 entitles the holder thereof to engage in the business of elevator and 26 conveyance work in this state. 27 21. "Elevator inspection contractor's license" means a business 28 license that entitles the holder thereof to engage in the business of 29 elevator and conveyance inspections in this state. 30 22. "Elevator mechanic's license" means an occupational license that 31 entitles the holder thereof to engage in elevator and conveyance work in 32 this state for a licensed elevator contractor. 33 23. "Elevator inspector's license" means an occupational license that 34 entitles the holder thereof to perform elevator and conveyance 35 inspections in this state for a licensed elevator inspection contractor. 36 24. "Elevator accessibility technician's license" means an occupa- 37 tional license that entitles the holder thereof to engage in elevator 38 and conveyance work in this state that is restricted to platform lifts 39 including those installed in private residences which are covered by the 40 provisions of ASME (American Society of Mechanical Engineers) codes and 41 standards A18.1 2017 Safety Standard for Platform Lifts and Stairway 42 Chairlifts and any successor standard for just platform lifts and stair- 43 way chairlifts. An applicant for such a restricted license shall 44 complete an application approved by the commissioner and shall have at 45 least three years verified work experience in constructing, maintaining, 46 and repairing such lifts and shall provide the commissioner a certif- 47 icate of completion of an accessibility training program for lifts under 48 the scope of A18.1 2017 such as the certified accessibility and private 49 residence lift technician (CAT) training provided by the National Asso- 50 ciation of Elevator Contractors (NAEC), or an equivalent program as 51 determined by the commissioner. 52 25. "Moving walk/sidewalk" means a type of passenger-carrying device 53 on which passengers stand or walk, and in which the passenger-carrying 54 surface remains parallel to its direction of motion and is uninter- 55 rupted.S. 7505--B 64 A. 9505--B 1 26. "Occupational license" means a license that authorizes the holder 2 to engage in accessibility lift work, or elevator and conveyance work or 3 elevator and conveyance inspections. 4 27. "Person" means any natural person. 5 28. "Business" means any corporation, or instrumentality of a corpo- 6 ration, self-employed person, company, unincorporated association, firm, 7 partnership, limited liability company, corporation, or any other enti- 8 ty, or any owner or operator of any of the foregoing entities. 9 29. "Private residence" means a separate dwelling or a separate apart- 10 ment in a multiple dwelling, which is occupied by members of a single 11 family unit. 12 30. "Repair" means reconditioning or renewal of any elevator or 13 conveyance or component necessary to keep such equipment in compliance 14 with applicable code requirements. 15 31. "Alteration" means any change to any conveyance or component other 16 than maintenance, repair, or replacement, but shall not include the 17 professional services of engineering or architecture as defined in 18 sections seventy-two hundred one and seventy-three hundred one of the 19 education law. 20 32. "Design" means the act or process of planning the repair, alter- 21 ation, or construction of any conveyance, but shall not include the 22 professional services of engineering or architecture as defined in 23 sections seventy-two hundred one and seventy-three hundred one of the 24 education law. 25 33. "Construction" means the act or process of constructing any 26 conveyance, and includes vertically constructing or connecting any 27 conveyance or part or system thereof. 28 34. "Inspection" means a critical examination, observation, or evalu- 29 ation of quality and code compliance of any conveyance. 30 35. "Testing" means a process or trial of operation of any conveyance. 31 36. "Maintenance" means a process of routine examination, lubrication, 32 cleaning, and adjustment of any conveyance or components for the purpose 33 of ensuring performance in accordance with any applicable code require- 34 ments. 35 37. "Service or servicing" means a service call or other unscheduled 36 visit, not including routine maintenance or a repair, to troubleshoot, 37 adjust or repair an improperly functioning or an otherwise shut down 38 conveyance. 39 38. "Temporarily dormant elevator, dumbwaiter, or escalator" means an 40 installation temporarily placed out of service under the following 41 circumstances: (a) (i) when such installation's power supply has been 42 disconnected; and (ii) the car is parked and any doors are closed and 43 latched; and (iii) a wire seal is installed on the mainline disconnect 44 switch by an elevator inspector; or (b) as determined by state or local 45 law, code, rule, or regulation. 46 39. "Personnel and material hoists" means rack and pinion hoists, 47 alimaks, and machines of a similar nature used for the hoisting of 48 construction material, equipment and personnel, or the removal of 49 debris, all during the construction, renovation, and/or demolition phase 50 of any construction project whether an inside or outside hoist. 51 40. "Installation" means to place or fix any conveyance or component 52 in position for operation. 53 41. "Subsidiary" means an entity that is controlled directly, or indi- 54 rectly through one or more intermediaries, by an elevator contractor or 55 elevator inspection contractor or by such contractor's parent company.S. 7505--B 65 A. 9505--B 1 42. "Successor" means an entity engaged in work substantially similar 2 to that of the predecessor, where there is substantial continuity of 3 operation with that of the predecessor. 4 43. "Board" means the New York state elevator safety and standards 5 advisory board established by section nine hundred fifty-six of this 6 article. 7 § 952. Licensing and compliance requirements. 1. Except as otherwise 8 provided for in subdivisions three, four, and five of section nine 9 hundred fifty of this article, it shall be unlawful for any business or 10 person: 11 (a) to engage in the business of elevator and conveyance work, or 12 accessibility lift work, or hold themselves out as an elevator contrac- 13 tor, or both, unless such person or business has a valid elevator 14 contractor's license; or 15 (b) to engage in the business of elevator and conveyance inspections, 16 or hold themselves out as an elevator inspection contractor, or both 17 unless such person or business has a valid elevator inspection contrac- 18 tor's license; or 19 (c) any combination of the above. 20 2. Except as otherwise provided for in subdivisions three, four, and 21 five of section nine hundred fifty of this article, it shall be unlawful 22 for any person: 23 (a) to engage in elevator and conveyance work, or to hold themselves 24 out as an elevator mechanic, or both, unless such person has a valid 25 elevator mechanic's license and works for a licensed elevator contractor 26 or a public entity; or 27 (b) to engage in accessibility lift work, or to hold themselves out as 28 accessibility lift technicians, or both, unless such person has a valid 29 accessibility lift technician's license and works for a licensed eleva- 30 tor contractor or a public entity; or 31 (c) to engage in elevator and conveyance inspections, or to hold them- 32 selves out as an elevator inspector, or both, unless such person holds 33 an elevator inspector's license and works for a licensed elevator 34 inspection contractor or a public entity; or 35 (d) any combination of the above, provided, however, that the instal- 36 lation of branch circuits and wiring terminations for machine room and 37 pit lighting, receptacles and HVAC as described in the NFPA National 38 Electric Code 620.23 and 620.24 as well as fire and heat detectors and 39 alarms, may be performed by a licensed electrical contractor. 40 3. It shall be the responsibility of licensees to ensure that any 41 elevator and conveyance work or elevator and conveyance inspections that 42 they perform is in compliance with existing state and local building and 43 maintenance codes. 44 4. It shall be the responsibility of holders of business licenses to 45 ensure that the licensing requirements of subdivisions one and two of 46 this section are complied with by their employees and by businesses that 47 they contract with, and to immediately report to the commissioner any 48 failures to comply with the licensing requirements of subdivisions one 49 and two of this section by other businesses or persons that they become 50 aware of. 51 § 953. License procedure. All applications for licenses shall be 52 submitted to the department in writing on forms furnished by the commis- 53 sioner and shall contain the information set forth in this section as 54 well as any additional information that the commissioner may require. 55 The commissioner shall also set fees for licensing under this section. 56 Upon approval of an application for a license the commissioner shallS. 7505--B 66 A. 9505--B 1 issue such license which shall be valid for two years. The fees for such 2 license and renewal thereof shall be set by the commissioner. Any 3 denial for such application shall set forth the reasons therefor. 4 1. Applications for business licenses. Every application for a license 5 under this article shall include the following: 6 (a) the name, residence address, and business address of the appli- 7 cant; 8 (b) the number of years the applicant has engaged in the business or 9 practice of elevator contracting; 10 (c) the approximate number of persons, if any, to be employed by the 11 applicant; 12 (d) evidence that the applicant is or will be covered by general 13 liability, personal injury, and property damage insurance; and 14 (e) any other information which the commissioner may require. 15 2. Application for occupational licenses. Every application for a 16 license under this article shall include the following: 17 (a) the name and residential address of the applicant; 18 (b) the relevant experience of the applicant, including years, or 19 hours, or both, of experience in performing elevator and conveyance 20 work, or elevator inspection work, or both and the nature of such expe- 21 rience, and the names of the elevator contractors or elevator inspection 22 contractors that the applicant has worked for, including the license 23 numbers of such contractors; 24 (c) any training completed by the applicant, including certificates of 25 completion; 26 (d) any continuing education completed by the applicant, including 27 certificates of completion; 28 (e) the name and license number, if known, of the elevator contractor 29 or elevator inspection contractor that the applicant works for or seeks 30 to work for; and 31 (f) any other information which the commissioner may require. 32 3. The department shall maintain and publish a registry of all 33 licenses issued pursuant to this section and shall make the registry 34 available on its website. 35 § 954. Qualifications, training, and continuing education. 1. No 36 license or application for renewal shall be granted to any business or 37 person who has not paid the required application fee and demonstrated 38 his or her qualifications and abilities, training, and any applicable 39 continuing education, by obtaining and maintaining in good standing the 40 industry certifications and continuing education identified or required 41 in this section. 42 (a) Applicants for an elevator mechanic's license must possess a 43 current industry certification issued by the National Association of 44 Elevator Contractors (NAEC) as a Certified Elevator Technician (CET), or 45 equivalent certification recognized by the commissioner. 46 (b) Applicants for an accessibility lift technician license must 47 possess a current industry certification issued by the National Associ- 48 ation of Elevator Contractors (NAEC) as a certified accessibility and 49 private residence lift technician (CAT) program or an equivalent certif- 50 ication recognized by the commissioner. 51 (c) Applicants for an elevator inspector's license must possess a 52 current industry certification issued by the Qualified Elevator Inspec- 53 tor Training Fund (QEITF) or by the National Association of Elevator 54 Safety Authorities (NAESA) as a qualified elevator inspector (QEI) or an 55 equivalent license recognized by the commissioner.S. 7505--B 67 A. 9505--B 1 2. Applicants for an elevator contractor's license must demonstrate to 2 the commissioner that such elevator contractor employs licensed elevator 3 mechanics who perform elevator and conveyance work and have proof of 4 compliance with the insurance requirements of this article. 5 3. Applicants for an elevator inspection contractor's license must 6 demonstrate to the satisfaction of the commissioner that such applicant 7 is a certified elevator inspector, or employs certified elevator inspec- 8 tors, or both, to perform elevator and conveyance inspections and have 9 proof of compliance with the insurance requirements of this article. 10 4. Alternative qualifications. Applicants for an elevator mechanic's 11 license or accessibility lift technician's license who do not possess 12 the industry certifications identified above may demonstrate their qual- 13 ifications and abilities, training, and continuing education by provid- 14 ing acceptable proof of: 15 (a) a certificate of successful completion and successfully passing 16 the mechanic examination of a nationally recognized training program for 17 the elevator industry including, but not limited to, the national eleva- 18 tor industry educational program or its equivalent, supplemented with 19 continuing education as may be required by this section; or 20 (b) a certificate of successful completion of the state registered 21 apprenticeship programs for the apprenticeable trades of Elevator Servi- 22 cer Repairer, including the joint apprentice and training committee of 23 the elevator industry of local 3, IBEW, EE division training program, or 24 equivalent registered apprenticeship program for elevator mechanics, 25 having standards substantially equivalent to those programs and regis- 26 tered with the bureau of apprenticeship and training, U.S. department of 27 labor or a state apprenticeship council, supplemented with continuing 28 education as may be required by this section; or 29 (c) work on elevator construction, maintenance or repair with direct 30 and immediate supervision in this state for a period of not less than 31 four years immediately prior to the effective date of this article 32 supplemented with continuing education and testing as may be required by 33 this section; or 34 (d) successful completion of an examination established by the New 35 York state civil service commission or a municipal civil service commis- 36 sion having jurisdiction as defined by subdivision four of section two 37 of the civil service law, subsequent appointment to a position related 38 to work on elevator construction, maintenance, mechanics, inspection, or 39 repair as may be properly classified by the commissioner of civil 40 service or a municipal civil service commission having jurisdiction, and 41 work on elevator construction, maintenance, mechanics, inspection, or 42 repair, with direct and immediate supervision in this state for a period 43 of not less than four years immediately prior to the effective date of 44 this article supplemented with continuing education as may be required 45 by this section. 46 5. Continuing education. The renewal of all licenses granted under the 47 provisions of subdivision four of this section shall be conditioned upon 48 acceptable proof of completion of a course designed to ensure the 49 continuing education of licensees on new and existing national, state, 50 and local conveyances codes and standards and on technology and techni- 51 cal education and workplace safety, provided the applicant was notified 52 of the availability of such courses when the license was previously 53 granted or renewed. Such course shall consist of not less than eight 54 contact hours (.8 CEU) annually and completed preceding any such license 55 renewal. The commissioner shall establish requirements for continuing 56 education and training programs, and shall approve such programs andS. 7505--B 68 A. 9505--B 1 providers, as well as maintain a list of approved programs which shall 2 be made available to license applicants, permit applicants, renewal 3 applicants and other interested parties upon request. The commissioner 4 may promulgate rules and regulations setting forth the criteria for 5 approval of such programs, the procedures to be followed in applying for 6 such approval, and other rules and regulations as the commissioner deems 7 necessary and proper to effectuate the purposes of this section. 8 6. Examinations. The board shall determine, if after the successful 9 completion of the first renewal, if an examination is warranted as a 10 condition of a subsequent renewal provided the applicant was notified of 11 the availability of such examination when the license was previously 12 granted or renewed. The board shall take into consideration previous 13 years' experience, training, and previous relevant examinations that the 14 applicant has already completed. 15 § 955. Powers of the commissioner. 1. The commissioner shall have the 16 authority to inspect, or cause to be inspected, ongoing or completed 17 conveyance projects and to conduct an investigation thereof upon the 18 commissioner's own initiation or upon receipt of a complaint by any 19 person or entity. However, nothing in this subdivision shall permit the 20 commissioner to enter a private residence. 21 2. If, upon receipt of a complaint alleging a violation of this arti- 22 cle, the commissioner reasonably believes that such violation exists, he 23 or she shall investigate as soon as practicable to determine if such 24 violation exists. If the commissioner determines that no violation or 25 danger exists, the commissioner shall inform the complaining person or 26 entity. If, upon investigation, the commissioner determines that the 27 alleged violation exists, the commissioner may deem such violation to 28 create a dangerous condition for purposes of section two hundred of this 29 chapter only and may issue a notice thereunder prohibiting further work. 30 3. The commissioner may, after a notice and hearing, suspend or revoke 31 a license issued under this article based on any of the following 32 violations: 33 (a) any false statement as to a material matter in the application; 34 (b) fraud, or misrepresentation, in securing a license; 35 (c) failure to notify the commissioner and the owner or lessee of a 36 conveyance of any condition not in compliance with this article; 37 (d) a violation of section nine hundred fifty-two of this article; or 38 (e) a finding by the commissioner that a license holder has violated 39 this article or any rule or regulation promulgated thereunder twice 40 within a period of three years, or that a license holder has violated a 41 provision of this article and such violation resulted in a serious 42 threat to the health or safety of an individual or individuals. The 43 commissioner may, in addition to ordering that such license be revoked, 44 bar such license holder from being eligible to reapply for such license, 45 or any other license under this article, for a period not to exceed two 46 years. 47 4. (a) Except as provided in paragraph (b) of this subdivision, if the 48 commissioner finds, after notice and hearing, that an individual has 49 violated any provision of this article, he or she may impose a civil 50 penalty not to exceed one thousand dollars for each such violation. Upon 51 a second or subsequent violation within three years of the determination 52 of a prior violation, the commissioner may impose a civil penalty not to 53 exceed two thousand dollars. 54 (b) The penalty provided for in paragraph (a) of this subdivision may 55 be increased to an amount not to exceed five thousand dollars if the 56 violation resulted in a serious threat to the health or safety of anS. 7505--B 69 A. 9505--B 1 individual or individuals provided, however, that such penalty may be 2 increased to an amount not to exceed twenty-five thousand dollars if the 3 violation resulted in the death of any individual or individuals. 4 5. The commissioner may bring an action in a court of competent juris- 5 diction to enjoin any conduct that violates the provisions of this arti- 6 cle. 7 6. The board shall examine the various state and local requirements 8 and industry standards and practices with respect to elevator 9 inspections in this state and shall provide recommendations to the 10 commissioner for coordinating existing state, local, and private 11 inspections to ensure that elevators are being inspected by licensed 12 inspectors. 13 7. The commissioner may promulgate rules and regulations necessary to 14 carry out and effectuate the provisions of this article. 15 § 956. New York state elevator safety and standards advisory board. 1. 16 An elevator safety and standards advisory board is hereby created, to 17 consist of thirteen members. The governor shall appoint seven members, 18 the temporary president of the senate shall appoint three members, and 19 the speaker of the assembly shall appoint three members. The appointees 20 to the board shall be representatives of elevator manufacturers, build- 21 ing owners or managers, elevator industry construction workers, elevator 22 servicing companies, elevator industry associations, elevator mechanics, 23 or fire marshals. The board shall meet on an as needed basis to advise 24 the commissioner on the implementation of this article. The board shall 25 elect a chairperson to serve for the term of their appointment to the 26 board. 27 2. The members appointed pursuant to this section shall serve at the 28 pleasure of the authority appointing such member. The members shall 29 serve without salary or compensation, but shall be reimbursed for neces- 30 sary expenses incurred in the performance of their duties. 31 3. The board may consult with engineering authorities and organiza- 32 tions concerned with standard safety codes, rules and regulations 33 governing the maintenance, servicing, construction, alteration, instal- 34 lation, and inspection of conveyances and the adequate, reasonable, and 35 necessary qualifications of elevator mechanics, contractors, and inspec- 36 tors. 37 4. The board shall have the authority to administer, oversee, and 38 approve examinations for the purpose of qualifying applicants pursuant 39 to subdivision six of section nine hundred fifty-four of this article. 40 In exercising this authority, the board shall, in its discretion, deter- 41 mine the criteria and standards for examinations to satisfy the require- 42 ments of this subdivision, such as the mechanic examination of the 43 national elevator industry educational program, or an equivalent exam- 44 ination recognized by the board, which shall satisfy the requirements of 45 this subdivision. 46 § 957. Exempt persons. 1. This article shall not be construed to apply 47 to the practice, conduct, activities, or services by a person licensed 48 to practice architecture within this state pursuant to article one 49 hundred forty-seven of the education law or engineering within this 50 state pursuant to article one hundred forty-five of the education law. 51 2. This article shall not be construed to apply to the outfitting, 52 removal, refinishing, or replacement of interior finishes of elevators, 53 including wall panels, drop ceilings, handrails and flooring, removal or 54 replacement of interior lighting, recladding of doors, transoms and 55 front return panels, finishing or ornamental work on elevator car oper- 56 ating panels.S. 7505--B 70 A. 9505--B 1 3. This article shall not be construed to apply to the operation of an 2 elevator by any person employed as an operator of such elevator, includ- 3 ing elevators operating under a temporary certificate of occupancy as 4 issued by the appropriate issuing agency. 5 § 2. Subdivision 3 of section 97-ssss of the state finance law, as 6 added by section 2 of part A of a chapter of the laws of 2019, amending 7 the labor law and the state finance law relating to requiring the 8 licensing of persons engaged in the design, construction, inspection, 9 maintenance, alteration, and repair of elevators and other automated 10 people moving devices, as proposed in legislative bills numbers S. 11 4080-C and A. 4509-A, is amended to read as follows: 12 3. Moneys of the fund shall be available to the commissioner of labor 13 for purposes of offsetting the costs incurred by the commissioner of 14 labor for the administration of article thirty-three of the labor law, 15 including the administration of elevator and related conveyances safety 16 programs, the administration of licenses [and permits], and the adminis- 17 tration of [certificates of operation] licenses as set forth in such 18 article thirty-three. 19 § 3. The undesignated paragraph subtitled "elevator agency helper" of 20 section 28-401.3 of the administrative code of the city of New York, as 21 added by section 1 of part B of a chapter of the laws of 2019, amending 22 the administrative code of the city of New York relating to the licens- 23 ing of approved elevator agency directors, inspectors, and technicians 24 performing elevator work in the city of New York, as proposed in legis- 25 lative bills numbers S. 4080-C and A. 4509-A, is amended to read as 26 follows: 27 ELEVATOR AGENCY HELPER. An individual having required qualifications 28 to perform elevator work, as defined in this chapter, under the direct 29 and continuing supervision of an elevator agency director[, and in the30presence of a licensed elevator agency technician]. 31 § 4. The undesignated paragraph subtitled "elevator work" of section 32 28-401.3 of the administrative code of the city of New York, as added by 33 section 1 of part B of a chapter of the laws of 2019, amending the 34 administrative code of the city of New York relating to the licensing of 35 approved elevator agency directors, inspectors, and technicians perform- 36 ing elevator work in the city of New York, as proposed in legislative 37 bills numbers S. 4080-C and A. 4509-A, is amended to read as follows: 38 ELEVATOR WORK. Alteration, assembly, installation, maintenance, 39 repair, replacement and modernization work, as defined by ASME A17.1 as 40 modified by appendix K of the New York city building code, performed on 41 conveyances regulated by this code or other applicable laws or rules. 42 Elevator work does not include material hoists, platform lifts, stair 43 chair lifts, or personnel hoists. Outfitting, removal, refinishing, or 44 replacement of interior finishes, including wall panels, drop ceilings, 45 handrails and flooring, removal or replacement of interior lighting, 46 recladding of doors, transoms and front return panels, finishing or 47 ornamental work on elevator car operating panels shall not be considered 48 elevator work. Operation of an elevator by any person employed as an 49 operator of such elevator, including operation of an elevator operating 50 under a temporary certificate of occupancy as issued by the department 51 of buildings or such other issuing agency shall not be considered eleva- 52 tor work. 53 § 5. Section 28-425.3 of the administrative code of the city of New 54 York, as added by section 3 of part B of a chapter of the laws of 2019, 55 amending the administrative code of the city of New York relating to the 56 licensing of approved elevator agency directors, inspectors, and techni-S. 7505--B 71 A. 9505--B 1 cians performing elevator work in the city of New York, as proposed in 2 legislative bills numbers S. 4080-C and A. 4509-A, is REPEALED and a new 3 section 28-425.3 is added to read as follows: 4 § 28-425.3 Qualifications. The agency may, by rule, establish quali- 5 fications for elevator agency technicians, including, but not limited 6 to, acceptable proof that an applicant has worked on elevator 7 construction, maintenance or repair with direct and immediate super- 8 vision in this state for a specified period of time prior to the effec- 9 tive date of this article; provided, however, that the provisions of 10 this section and any rules adopted pursuant thereto shall not be incon- 11 sistent with the requirements for elevator mechanics contained in arti- 12 cle thirty-three of the labor law and nothing herein shall prevent the 13 enactment by local law, ordinance, or rule of additional requirements. 14 § 6. The administrative code of the city of New York is amended by 15 adding a new section 28-425.4 to read as follows: 16 § 28-425.4 Exemptions. No elevator agency technician license shall be 17 required for the outfitting, removal, refinishing, or replacement of 18 interior finishes, including wall panels, drop ceilings, handrails and 19 flooring, removal or replacement of interior lighting, recladding of 20 doors, transoms and front return panels, finishing or ornamental work on 21 car operating panels. 22 § 7. Section 28-427.6 of the administrative code of the city of New 23 York, as added by section 3 of part B of a chapter of the laws of 2019, 24 amending the administrative code of the city of New York relating to the 25 licensing of approved elevator agency directors, inspectors, and techni- 26 cians performing elevator work in the city of New York, as proposed in 27 legislative bills numbers S. 4080-C and A. 4509-A, is REPEALED. 28 § 8. Section 5 of part B of a chapter of the laws of 2019, amending 29 the administrative code of the city of New York relating to the licens- 30 ing of approved elevator agency directors, inspectors, and technicians 31 performing elevator work in the city of New York, as proposed in legis- 32 lative bills numbers S. 4080-C and A. 4509-A, is amended to read as 33 follows: 34 § 5. This act shall take effect [three] two years after it shall have 35 become a law. Effective immediately, any rules and regulations neces- 36 sary for the timely implementation of this act on its effective date 37 shall be promulgated on or before such date. 38 § 9. Section 3 of part A of a chapter of the laws of 2019, amending 39 the labor law and the state finance law relating to requiring the 40 licensing of persons engaged in the design, construction, inspection, 41 maintenance, alteration, and repair of elevators and other automated 42 people moving devices, as proposed in legislative bills numbers S. 43 4080-C and A. 4509-A, is amended to read as follows: 44 § 3. This act shall take effect [on the one hundred eightieth day] two 45 years after it shall have become a law, provided, however, that effec- 46 tive immediately, the addition, amendment and/or repeal of any rules or 47 regulations necessary for the implementation of this act on its effec- 48 tive date, and the appointment of the New York state elevator safety and 49 standards board, are authorized and directed to be established, made and 50 completed on or before such effective date. 51 § 10. This act shall take effect immediately; provided, however that 52 sections one and two of this act shall take effect on the same date and 53 in the same manner as part A of a chapter of the laws of 2019, amending 54 the labor law and the state finance law relating to requiring the 55 licensing of persons engaged in the design, construction, inspection, 56 maintenance, alteration, and repair of elevators and other automatedS. 7505--B 72 A. 9505--B 1 people moving devices, as proposed in legislative bills numbers S. 2 4080-C and A. 4509-A, takes effect; and sections three through seven of 3 this act shall take effect on the same date and in the same manner as 4 part B of a chapter of the laws of 2019, amending the administrative 5 code of the city of New York relating to the licensing of approved 6 elevator agency directors, inspectors, and technicians performing eleva- 7 tor work in the city of New York, as proposed in legislative bills 8 numbers S. 4080-C and A. 4509-A, takes effect. 9 SUBPART P 10 Section 1. Subparagraphs (i) and (ii) of paragraph a of subdivision 1 11 of section 205-cc of the general municipal law, subparagraph (i) as 12 added by chapter 334 of the laws of 2017 and subparagraph (ii) as 13 amended by a chapter of the laws of 2019 amending the general municipal 14 law relating to proof of eligibility for volunteer firefighter enhanced 15 cancer disability benefits, as proposed in legislative bills numbers S. 16 4173-A and A. 5957-A, are amended to read as follows: 17 (i) A volunteer firefighter having five or more years of faithful and 18 actual service in the protection of life and property from fire in the 19 interior of buildings [and] subsequent to having successfully passed a 20 physical examination [on entry to the firefighter service,] which [exam-21ination] failed to reveal any evidence of cancers as defined in para- 22 graph b of this subdivision; and 23 (ii) Having submitted proof of five years of interior firefighting 24 service by providing verification that he or she has passed at least 25 five yearly certified mask fitting tests as set forth in 29 CFR 1910.134 26 or the applicable National Fire Protection Association standards for 27 mask fit testing or, for firefighters who entered the fire service prior 28 to January first, two thousand twenty, documentation identified by the 29 office of fire prevention and control in rules and regulations promul- 30 gated pursuant to subdivision seven of this section which shall include, 31 but not be limited to, training or certification records, health care 32 provider records, internal fire department records, or any combination 33 of official documents capable of evidencing that the firefighter meets 34 the requirements of this section. 35 § 2. Subdivision 7 of section 205-cc of the general municipal law, as 36 added by chapter 334 of the laws of 2017, is amended to read as follows: 37 7. The office of fire prevention and control, in consultation with the 38 department of financial services and the workers' compensation board, 39 shall adopt such rules and regulations as are reasonable and necessary 40 to implement the provisions of this section. Such regulations shall 41 include establishing acceptable documentation for proof of eligibility, 42 the process by which a firefighter files a claim for the enhanced cancer 43 disability benefit, how the beneficiary of such eligible volunteer fire- 44 fighter files a claim for the enhanced cancer death benefit, the process 45 by which claimants can appeal a denial of benefits and what proof is 46 deemed acceptable to qualify for such benefits. 47 § 3. Subdivision 8 of section 205-cc of the general municipal law, as 48 added by a chapter of the laws of 2019 amending the general municipal 49 law relating to proof of eligibility for volunteer firefighter enhanced 50 cancer disability benefits, as proposed in legislative bills numbers S. 51 4173-A and A. 5957-A, is REPEALED. 52 § 4. This act shall take effect on the same date and in the same 53 manner as a chapter of the laws of 2019 amending the general municipal 54 law relating to proof of eligibility for volunteer firefighter enhancedS. 7505--B 73 A. 9505--B 1 cancer disability benefits, as proposed in legislative bills numbers S. 2 4173-A and A. 5957-A, takes effect. 3 SUBPART Q 4 Section 1. Subsection (k) of section 7902 of the insurance law, as 5 amended by a chapter of the laws of 2019, amending the insurance law 6 relating to expanding the availability of meaningful service contracts 7 to protect New Yorkers leasing automobiles for their personal use from 8 unanticipated "lease-end" charges related to excess use or wear and tear 9 of the leased vehicle, as proposed in legislative bills numbers S. 3631 10 and A. 268, is amended to read as follows: 11 (k) "Service contract" means a contract or agreement, for a separate 12 or additional consideration, for a specific duration to perform the 13 repair, replacement or maintenance of property, or indemnification for 14 repair, replacement or maintenance, due to a defect in materials or 15 workmanship or wear and tear, with or without additional provision for 16 indemnity payments for incidental damages, provided any such indemnity 17 payment per incident shall not exceed the purchase price of the property 18 serviced. Service contracts may include towing, rental and emergency 19 road service, and may also provide for the repair, replacement or main- 20 tenance of property for damage resulting from power surges and acci- 21 dental damage from handling. Service contracts may also include 22 contracts to repair, replace or maintain residential appliances and 23 systems. Such term shall also mean a contract or agreement made (1) by 24 or for the manufacturer or seller of a motor vehicle tire for repair or 25 replacement of the tire or wheel as the result of damage arising from a 26 road hazard, (2) by or for the supplier or seller of a service for 27 repair of chips or cracks in a motor vehicle windshield, but not includ- 28 ing services that involve the replacement of the entire windshield, and 29 (3) by or for the supplier or seller of a service for repair or removal 30 of dents, dings or creases from a motor vehicle without affecting the 31 existing paint finish using paintless dent repair techniques, but not 32 including services that involve the replacement of vehicle body panels, 33 or sanding, bonding or painting. In conjunction with a motor vehicle 34 leased for personal use, such term shall also mean a contract to perform 35 the repair, replacement or maintenance of property, or to provide indem- 36 nification for repair, replacement or maintenance, due to excess wear 37 and use or damage for [items such as tires, paint cracks or chips,] 38 interior stains, rips or scratches[, exterior dents or scratches,39windshield cracks or chips,] or missing interior [or exterior] parts 40 that result in a lease-end charge not otherwise covered by a service 41 agreement or warranty, provided any such payment shall not exceed the 42 purchase price of the vehicle. 43 § 2. This act shall take effect on the same date and in the same 44 manner as a chapter of the laws of 2019, amending the insurance law 45 relating to expanding the availability of meaningful service contracts 46 to protect New Yorkers leasing automobiles for their personal use from 47 unanticipated "lease-end" charges related to excess use or wear and tear 48 of the leased vehicle, as proposed in legislative bills numbers S. 3631 49 and A. 268, takes effect. 50 SUBPART R 51 Section 1. Sections 770, 771, 772 and 773 of the labor law, as added 52 by a chapter of the laws of 2019, amending the labor law relating toS. 7505--B 74 A. 9505--B 1 enacting the "New York call center jobs act", as proposed in legislative 2 bills numbers S. 1826-C and A. 567-C, are amended to read as follows: 3 § 770. Definitions. As used in this article: 4 1. The term "call center" means a facility or other operation whereby 5 employees receive phone calls or other electronic communication for the 6 purpose of providing customer assistance [or other service]. 7 2. (a) The term "call center employer" means any business entity that 8 employs fifty or more employees, excluding part-time employees; or fifty 9 or more employees that in the aggregate work at least fifteen hundred 10 hours per week, excluding overtime hours, for the purpose of staffing a 11 call center. 12 (b) The term "part-time employee" means an employee who is employed 13 for an average of fewer than twenty hours per week or who has been 14 employed for fewer than six of the twelve months preceding the date on 15 which notice is required under this article. 16 (c) The term "tax credit" means any of the following tax credits 17 allowed under the tax law: recovery tax credit, tax-free New York area 18 tax elimination credit, minimum wage reimbursement credit, empire state 19 jobs retention program credit, economic transformation and facility 20 redevelopment program tax credit, excelsior jobs program credit, employ- 21 ee training incentive program tax credit, empire state apprenticeship 22 program tax credit, and employment incentive tax credit. 23 § 771. List of relocated call centers. 1. A call center employer that 24 intends to relocate a call center or more than thirty percent of a call 25 center's employees measured as the employment level of the previous 26 calendar month compared to the average employment level at such site 27 over the previous twelve months, from New York state to a foreign coun- 28 try [or any other state, or reduce call volume handled at call centers29in New York state by at least thirty percent, measured as the call30volume of the previous calendar month compared to the average monthly31call volume of the previous twelve months, and intends to relocate such32operations from New York state to a foreign country or any other state,] 33 shall notify the commissioner at least [one hundred] ninety days before 34 such relocation. 35 2. A call center employer that violates subdivision one of this 36 section shall be subject to a civil penalty not to exceed ten thousand 37 dollars for each day of such violation, except that the commissioner may 38 reduce such amount for just cause shown. 39 3. The commissioner shall compile an annual list of all call center 40 employers that relocate [or reduce call volume] pursuant to subdivision 41 one of this section, and such list shall be made available to the public 42 and shall prominently display a link to the list on the department's 43 website. The commissioner shall provide a copy of such list to the 44 commissioner of taxation and finance. 45 [4. The commissioner shall make the list created pursuant to subdivi-46sion three of this section, available to the public and shall prominent-47ly display a link to the list on the department's website.] 48 § 772. Grants, guaranteed loans and tax benefits. 1. Except as 49 provided in subdivision [three] four of this section and notwithstanding 50 any other provision of law, a call center employer that appears on the 51 list described in section seven hundred seventy-one of this article 52 shall be ineligible to enter into any agreements for any [direct or53indirect] state grants[,] or state guaranteed loans[, tax benefits or54other financial governmental support] for a period of five years from 55 the date such list is published.S. 7505--B 75 A. 9505--B 1 2. Except as provided in subdivision [three] four of this section and 2 notwithstanding any other provision of law, a call center employer that 3 appears on the list described in section seven hundred seventy-one of 4 this article shall remit the unamortized value of any state grant or 5 state guaranteed loans[, or any tax benefits or other governmental6support] it has previously received [in the past five years. The7provisions of this subdivision shall apply to grants, loans, tax bene-8fits and financial governmental assistance that is entered into on or9after the effective date of this article] for the call center appearing 10 on the list, if the agreement for such grants and loans was entered into 11 after the effective date of this article. Nothing in this subdivision 12 shall be deemed to prevent the call center employer from receiving any 13 grant to provide training or other employment assistance to individuals 14 who are selected as being in particular need of training or other 15 employment assistance due to the transfer or relocation of the call 16 center employer's facility or operating units. 17 3. Except as provided in subdivision four of this section and notwith- 18 standing any other provision of law, a call center employer that appears 19 on the list described in section seven hundred seventy-one of this arti- 20 cle shall not be allowed any tax credit described in subdivision (c) of 21 section seven hundred seventy of this article for the five taxable 22 years, excluding short taxable years, immediately succeeding the taxable 23 year in which the call center first appears on such list, if the agree- 24 ment for such tax credit was entered into after the effective date of 25 this article. 26 4. The commissioner, in consultation with the appropriate agency 27 providing a loan [or], grant[,] or tax credit may waive the requirement 28 provided under subdivision one, two or three of this section if the call 29 center employer demonstrates that such requirement would: 30 (a) threaten state or national security; 31 (b) result in substantial actual or potential job loss in the state of 32 New York; or 33 (c) harm the environment. 34 If the commissioner waives such requirement, such commissioner shall 35 promptly notify the commissioner of taxation and finance of such waiver. 36 § 773. Procurement contracts. The head of each state agency shall use 37 reasonable best efforts to ensure that all state-business-related 38 contracts for call center and customer service work be performed by 39 state contractors or other agents or subcontractors entirely within the 40 state of New York. [State contractors who currently perform such work41outside the state of New York shall have two years following the effec-42tive date of this article to comply with this section; provided, that if43any such contractors which perform work outside this state adds customer44service employees who will perform work on such contracts, those new45employees shall immediately be employed within the state of New York,46except that businesses subject to a contract agreed to prior to the47effective date of this article with terms extending beyond a date great-48er than two years after the effective date of this article shall be49subject to the provisions of this subdivision at the next point in which50the contract is subject to renewal] Presence on the list described in 51 section seven hundred seventy-one of this article shall be considered a 52 negative indication of ability to maintain jobs in the state as part of 53 any vendor responsibility analysis. 54 § 2. This act shall take effect on the same date and in the same 55 manner as a chapter of the laws of 2019, amending the labor law relatingS. 7505--B 76 A. 9505--B 1 to enacting the "New York call center jobs act", as proposed in legisla- 2 tive bills numbers S. 1826-C and A. 567-C, takes effect. 3 SUBPART S 4 Section 1. Subdivision 1 of section 2805-i of the public health law, 5 as amended by section 1 of part HH of chapter 57 of the laws of 2018, 6 paragraph (c) as amended by a chapter of the laws of 2019, amending the 7 public health law and the executive law relating to HIV post-exposure 8 prophylaxis and other health care services for sexual assault victims, 9 as proposed in legislative bills numbers S. 2279-A and A. 1204-A, is 10 amended to read as follows: 11 1. Every hospital providing treatment to alleged victims of a sexual 12 offense shall be responsible for: 13 (a) maintaining sexual offense evidence and the chain of custody as 14 provided in subdivision two of this section; 15 (b) informing sexual offense victims of the availability of rape 16 crisis and local victim assistance organizations, if any, in the 17 geographic area served by the hospital, and contacting a rape crisis or 18 local victim assistance organization[, if any, providing victim assist-19ance to the geographic area served by that hospital] to establish the 20 coordination of non-medical services to sexual offense victims who 21 request such coordination and services; 22 (c) offering and making available appropriate HIV post-exposure treat- 23 ment therapies; including a [full regimen] seven day starter pack of HIV 24 post-exposure prophylaxis for a person eighteen years of age or older, 25 or the full regimen of HIV post-exposure prophylaxis for a person less 26 than eighteen years of age, in cases where it has been determined, in 27 accordance with guidelines issued by the commissioner, that a signif- 28 icant exposure to HIV has occurred, and informing the victim that 29 payment assistance for such therapies and other crime related expenses 30 may be available from the office of victim services pursuant to the 31 provisions of article twenty-two of the executive law. With the consent 32 of the victim of a sexual assault, the hospital emergency room depart- 33 ment shall provide or arrange for an appointment for medical follow-up 34 related to HIV post-exposure prophylaxis and other care as appropriate[,35and inform the victim that payment assistance for such care may be36available from the office of victim services pursuant to the provisions37of article twenty-two of the executive law]; and 38 (d) ensuring sexual assault survivors are not billed for sexual 39 assault forensic exams and are notified orally and in writing of the 40 option to decline to provide private health insurance information and 41 have the office of victim services reimburse the hospital for the exam 42 pursuant to subdivision thirteen of section six hundred thirty-one of 43 the executive law. 44 § 2. Subdivision 1 of section 201 of the public health law is amended 45 by adding a new paragraph (x) to read as follows: 46 (x) produce an annual report analyzing the costs related to the sexual 47 assault examination direct reimbursement program as created under subdi- 48 vision thirteen of section six hundred thirty-one of the executive law 49 and provide such report to the office of victim services on or before 50 September first of each year. Such report shall be provided to the 51 governor, temporary president of the senate and the speaker of the 52 assembly. 53 § 3. Subdivision 13 of section 631 of the executive law, as amended by 54 a chapter of the laws of 2019, amending the public health law and theS. 7505--B 77 A. 9505--B 1 executive law relating to HIV post-exposure prophylaxis and other health 2 care services for sexual assault victims, as proposed in legislative 3 bills numbers S. 2279-A and A. 1204-A, is amended to read as follows: 4 13. (a) Notwithstanding any other provision of law, rule, or regu- 5 lation to the contrary, when any New York state accredited hospital, 6 accredited sexual assault examiner program, or licensed health care 7 provider furnishes services to any sexual assault survivor, including 8 but not limited to a health care forensic examination in accordance with 9 the sex offense evidence collection protocol and standards established 10 by the department of health, such hospital, sexual assault examiner 11 program, or licensed healthcare provider shall provide such services to 12 the person without charge and shall bill the office directly. The 13 office, in consultation with the department of health, shall define the 14 specific services to be covered by the sexual assault forensic exam 15 reimbursement fee, which must include at a minimum forensic examiner 16 services, hospital or healthcare facility services related to the exam, 17 and any necessary related laboratory tests [and necessary] or pharmaceu- 18 ticals; including but not limited to HIV post-exposure prophylaxis 19 provided by a hospital emergency room at the time of the forensic rape 20 examination pursuant to paragraph (c) of subdivision one of section 21 twenty-eight hundred five-i of the public health law. [Follow-up] For a 22 person eighteen years of age or older, follow-up HIV post-exposure 23 prophylaxis costs shall continue to be [billed by the health care24provider to the office directly and] reimbursed [by the] according to 25 established office [directly] procedure. The office, in consultation 26 with the department of health, shall also generate the necessary regu- 27 lations and forms for the direct reimbursement procedure. 28 (b) The rate for reimbursement shall be the amount of itemized 29 charges, to be reimbursed at the Medicaid rate and which shall cumula- 30 tively not [exceeding] exceed (1) eight hundred dollars[, provided,31however, the office shall, in consultation] for an exam of a sexual 32 assault survivor where no sexual offense evidence collection kit is 33 used; (2) one thousand two hundred dollars for an exam of a sexual 34 assault survivor where a sexual offense evidence collection kit is used; 35 (3) one thousand five hundred dollars for an exam of a sexual assault 36 survivor who is eighteen years of age or older, with or without the use 37 of a sexual offense evidence collection kit, and with the provision of a 38 necessary HIV post-exposure prophylaxis seven day starter pack; and (4) 39 two thousand five hundred dollars for an exam of a sexual assault survi- 40 vor who is less than eighteen years of age, with or without the use of a 41 sexual offense evidence collection kit, and with the provision of the 42 full regimen of necessary HIV post-exposure prophylaxis [with the43department of health, annually review and determine if a higher rate for44reimbursement for itemized charges exceeding eight hundred dollars is45feasible and appropriate based on the actual cost of reimbursable46expenses, and adjust such rate for reimbursement accordingly]. The 47 hospital, sexual assault examiner program, or licensed health care 48 provider must accept this fee as payment in full for these specified 49 services. No additional billing of the survivor for said services is 50 permissible. A sexual assault survivor may voluntarily assign any 51 private insurance benefits to which she or he is entitled for the 52 healthcare forensic examination, in which case the hospital or health- 53 care provider may not charge the office; provided, however, in the event 54 the sexual assault survivor assigns any private health insurance bene- 55 fit, such coverage shall not be subject to annual deductibles or coinsu- 56 rance or balance billing by the hospital, sexual assault examinerS. 7505--B 78 A. 9505--B 1 program or licensed health care provider. A hospital, sexual assault 2 examiner program or licensed health care provider shall, at the time of 3 the initial visit, request assignment of any private health insurance 4 benefits to which the sexual assault survivor is entitled on a form 5 prescribed by the office; provided, however, such sexual assault survi- 6 vor shall be advised orally and in writing that he or she may decline to 7 provide such information regarding private health insurance benefits if 8 he or she believes that the provision of such information would substan- 9 tially interfere with his or her personal privacy or safety and in such 10 event, the sexual assault forensic exam fee shall be paid by the office. 11 Such sexual assault survivor shall also be advised that providing such 12 information may provide additional resources to pay for services to 13 other sexual assault victims. Such sexual assault survivor shall also 14 be advised that the direct reimbursement program established by this 15 subdivision does not automatically make them eligible for any other 16 compensation benefits available from the office including, but not 17 limited to, reimbursement for mental health counseling expenses, relo- 18 cation expenses, and loss of earnings, and that such compensation bene- 19 fits may only be made available to them should the sexual assault survi- 20 vor or other person eligible to file pursuant to section six hundred 21 twenty-four of this article, file a compensation application with the 22 office. If he or she declines to provide such health insurance informa- 23 tion, he or she shall indicate such decision on the form provided by the 24 hospital, sexual assault examiner program or licensed health care 25 provider, which form shall be prescribed by the office. 26 § 4. Section 3 of a chapter of the laws of 2019, amending the public 27 health law and the executive law relating to HIV post-exposure prophy- 28 laxis and other health care services for sexual assault victims, as 29 proposed in legislative bills numbers S. 2279-A and A. 1204-A, is 30 amended to read as follows: 31 § 3. This act shall take effect on the one hundred eightieth day after 32 it shall have become a law and apply to all claims filed on or after 33 such date; provided that effective immediately, the commissioner of 34 health and the director of the office of victim services shall make 35 regulations and take other action necessary to implement this act on 36 such date. 37 § 5. This act shall take effect immediately, provided, however, that 38 sections one, two and three of this act take effect on the same date and 39 in the same manner as a chapter of the laws of 2019, amending the public 40 health law and the executive law relating to HIV post-exposure prophy- 41 laxis and other health care services for sexual assault victims, as 42 proposed in legislative bills numbers S. 2279-A and A. 1204-A, takes 43 effect. 44 SUBPART T 45 Section 1. Section 1 of a chapter of the laws of 2019 amending the tax 46 law and the state finance law relating to gifts for the support of the 47 New York state council on the arts, as proposed in legislative bills 48 numbers S. 3570 and A. 7994, is amended to read as follows: 49 Section 1. [The legislature hereby finds and determines that, due to50severe budgetary constraints, the amount of state funds available for51the support of the New York state council on the arts has been sharply52diminished over the past few years. This decrease in support has had a53devastating effect upon many of New York's cultural institutions, as54well as many related or dependent businesses and employees. Accordingly,S. 7505--B 79 A. 9505--B 1the] The legislature hereby finds and determines that taxpayers of the 2 state of New York should have the opportunity to use the New York state 3 personal income tax form as a mechanism for making voluntary contrib- 4 utions for the support of the New York state council on the arts. It is 5 the intent of the legislature that any funds so contributed shall 6 supplement and not offset or diminish in any way the amount of funds 7 made available to the New York state council on the arts pursuant to 8 annual budget appropriations. 9 § 2. This act shall take effect on the same date and in the same 10 manner as a chapter of the laws of 2019 amending the tax law and the 11 state finance law relating to gifts for the support of the New York 12 state council on the arts, as proposed in legislative bills numbers S. 13 3570 and A. 7994, takes effect. 14 SUBPART U 15 Section 1. Section 209-M of the tax law, as added by a chapter of the 16 laws of 2019, amending the tax law and the state finance law relating to 17 establishing a gift for home delivered meals for seniors on the business 18 franchise and personal income tax forms and establishing the senior 19 wellness in nutrition fund, as proposed in legislative bills numbers 20 S.5987 and A.4632, is amended to read as follows: 21 § 209-M. Gift for home delivered meals for seniors. Effective for any 22 tax year commencing on or after January first, two thousand nineteen, a 23 taxpayer in any taxable year may elect to contribute to the support of 24 the senior wellness in nutrition fund for the purpose of providing home 25 delivered meals to seniors. Such contribution shall be in any whole 26 dollar amount and shall not reduce the amount of state tax owed by such 27 taxpayer. The commissioner shall include space on the business franchise 28 income tax return, entitled "[Meals on Wheels] Home Delivered Meals for 29 Seniors", to enable a taxpayer to make such contribution. Notwithstand- 30 ing any other provision of law, all revenues collected pursuant to this 31 section shall be credited to the senior wellness in nutrition fund and 32 shall only be used for those purposes enumerated in section ninety-one-g 33 of the state finance law. 34 § 2. Section 626-a of the tax law, as added by a chapter of the laws 35 of 2019, amending the tax law and the state finance law relating to 36 establishing a gift for home delivered meals for seniors on the business 37 franchise and personal income tax forms and establishing the senior 38 wellness in nutrition fund, as proposed in legislative bills numbers 39 S.5987 and A.4632, is amended to read as follows: 40 § 626-a. Gift for home delivered meals for seniors. Effective for any 41 tax year commencing on or after January first, two thousand nineteen, an 42 individual in any taxable year may elect to contribute to the support of 43 the senior wellness in nutrition fund for the purpose of providing home 44 delivered meals to seniors. Such contribution shall be in any whole 45 dollar amount and shall not reduce the amount of state tax owed by such 46 individual. The commissioner shall include space on the personal income 47 tax return, entitled "[Meals on Wheels] Home Delivered Meals for 48 Seniors", to enable a taxpayer to make such contribution. Notwithstand- 49 ing any other provision of law, all revenues collected pursuant to this 50 section shall be credited to the senior wellness in nutrition fund and 51 used only for the purposes enumerated in section ninety-one-g of the 52 state finance law. 53 § 3. This act shall take effect on the same date and in the same 54 manner as a chapter of the laws of 2019, amending the tax law and theS. 7505--B 80 A. 9505--B 1 state finance law relating to establishing a gift for home delivered 2 meals for seniors on the business franchise and personal income tax 3 forms and establishing the senior wellness in nutrition fund, as 4 proposed in legislative bills numbers S.5987 and A.4632, takes effect. 5 SUBPART V 6 Section 1. Subdivision 20 of section 470 of the tax law, as amended by 7 a chapter of the laws of 2019, amending the tax law relating to research 8 tobacco products, as proposed in legislative bills numbers S.5300 and 9 A.7351, is amended to read as follows: 10 20. "Research tobacco product." [Anything that would otherwise be11defined as a tobacco product or cigarette shall not be defined as a12tobacco product or cigarette if it is made by a manufacturer specif-13ically for an accredited college or university, to be held by the14college or university until sale or transfer to a laboratory, hospital,15medical center, institute, college or university, or other institution] 16 A tobacco product or cigarette that is labeled as a research tobacco 17 product, manufactured for use in research for health, scientific, or 18 [other research or] similar experimental purposes[. A research tobacco19product shall carry a marking designating it as such and indicating it20shall only be used for health, scientific, or other research or exper-21imental purposes and not be], is exclusively used for such purposes by 22 an accredited college, university or hospital, or a researcher affil- 23 iated with an accredited college, university or hospital, and is not 24 offered for sale[,] or sold[, or distributed] to consumers [except as25part of the health, scientific, or other research or experimental] for 26 any purpose. 27 § 2. Section 474 of the tax law is amended by adding a new subdivision 28 5 to read as follows: 29 5. Every accredited college, university or hospital that receives 30 research tobacco products as defined in subdivision twenty of section 31 four hundred seventy of this article shall, in good faith, file an annu- 32 al information return on or before the last day of January reporting all 33 research tobacco products received by such college, university or hospi- 34 tal or its affiliated researcher within the preceding calendar year. 35 Such return shall be in the form and shall include such information as 36 the commissioner prescribes by regulation. Any person required to file 37 an information return by this subdivision who willfully fails to timely 38 file such return or willfully fails to provide any material information 39 required to be reported on such return may be subject to a penalty of up 40 to one thousand dollars. 41 § 3. Subdivisions 1 and 19 of section 11-1301 of the administrative 42 code of the city of New York, subdivision 1 as amended and subdivision 43 19 as added by local law number 145 of the city of New York for the year 44 2017, are amended and a new subdivision 21 is added to read as follows: 45 1. "Cigarette." Any roll for smoking made wholly or in part of tobacco 46 or any other substance, irrespective of size or shape and whether or not 47 such tobacco or substance is flavored, adulterated or mixed with any 48 other ingredient, the wrapper or cover of which is made of paper or any 49 other substance or material but is not made in whole or in part of 50 tobacco. "Cigarette" shall not include a research tobacco product. 51 19. "Tobacco product." Any product which contains tobacco that is 52 intended for human consumption, including any component, part, or acces- 53 sory of such product. Tobacco product shall include, but not be limited 54 to, any cigar, little cigar, chewing tobacco, pipe tobacco, roll-your-S. 7505--B 81 A. 9505--B 1 own tobacco, snus, bidi, snuff, shisha, or dissolvable tobacco product. 2 Tobacco product shall not include cigarettes or any product that has 3 been approved by the United States food and drug administration for sale 4 as a tobacco use cessation product or for other medical purposes and 5 that is being marketed and sold solely for such purposes. "Tobacco 6 products" shall not include research tobacco products. 7 21. "Research tobacco product." A tobacco product or cigarette that is 8 labeled as a research tobacco product, is manufactured for use in 9 research for health, scientific, or similar experimental purposes, is 10 exclusively used for such purposes by an accredited college, university 11 or hospital, or a researcher affiliated with an accredited college, 12 university or hospital, and is not offered for sale or sold to consumers 13 for any purpose. 14 § 4. This act shall take effect on the same date and in the same 15 manner as a chapter of the laws of 2019 amending the tax law relating to 16 research tobacco products, as proposed in legislative bills numbers 17 S.5300 and A.7351, takes effect. 18 SUBPART W 19 Section 1. Paragraphs h and j of subdivision 1 of section 101-aaa of 20 the alcoholic beverage control law, as added by a chapter of the laws of 21 2019, amending the alcoholic beverage control law relating to authoriz- 22 ing retail licenses to purchase beer, wine or liquor with a business 23 payment card, as proposed in legislative bills numbers S. 4241-A and A. 24 6701-A, are amended to read as follows: 25 h. "Business payment card" means: (1) any credit card issued to a 26 retail licensee for business or commercial use pursuant to an agreement 27 that allows the holder thereof to obtain goods and services on the cred- 28 it of the issuer or a debit card that provides access to a bank account 29 of a retail licensee; (2) a credit or debit card from an issuer accepted 30 by the manufacturer or wholesaler as permitted by the authority in regu- 31 lation; and (3) such credit card shall not include cards in which a 32 manufacturer or wholesaler has a financial interest or cards by which 33 their use benefits a manufacturer or wholesaler. Such card must be 34 issued in the same name as a retail licensee and registered to the same 35 address as the address on the retail license, or as otherwise permitted 36 by the authority in regulation. 37 j. "Final business payment card invoice amount" means the amount 38 charged by a manufacturer or wholesaler to a retail licensee pursuant to 39 paragraph (c) of subdivision two of this section; and shall equal the 40 final cash invoice amount plus [remuneration for surcharges and fees41incurred by a manufacturer or wholesaler as a result of such a trans-42action, which shall be calculated by multiplying the final cash invoice43amount by a rate determined annually by the authority] three percent of 44 the final cash invoice amount. The three percent represents the 45 surcharges and fees that are charged to the manufacturer or wholesaler 46 by the business payment card issuer or a person or entity associated 47 with the issuer. 48 § 2. Subdivision 2-a of section 101-aaa of the alcoholic beverage 49 control law, as added by a chapter of the laws of 2019, amending the 50 alcoholic beverage control law relating to authorizing retail licenses 51 to purchase beer, wine or liquor with a business payment card, as 52 proposed in legislative bills numbers S. 4241-A and A. 6701-A, is 53 amended and a new subdivision 2-b is added to read as follows:S. 7505--B 82 A. 9505--B 1 2-a. A manufacturer or wholesaler that accepts business payment cards 2 shall clearly state the final cash invoice amount and the final business 3 payment card invoice amount on an invoice provided to a retail licensee. 4 Nothing in this section shall preclude, or permit a manufacturer or 5 wholesaler to [preclude] prevent, a retail licensee that receives such 6 an invoice from electing to use any other form of payment method permit- 7 ted pursuant to subdivision two of this section following receipt of 8 such invoice. 9 2-b. Nothing herein contained shall be construed to require any 10 manufacturer or wholesaler to accept business payment cards as a method 11 of payment by any retail licensee, provided that if such payment method 12 is made available it shall be available on equal terms to all retail 13 licensees. 14 § 3. Subdivision 2 of section 55-b of the alcoholic beverage control 15 law, as amended by a chapter of the laws of 2019, amending the alcoholic 16 beverage control law relating to authorizing retail licenses to purchase 17 beer, wine or liquor with a business payment card, as proposed in legis- 18 lative bills numbers S. 4241-A and A. 6701-A, is amended to read as 19 follows: 20 2. No brewer or beer wholesaler may increase the price per case, draft 21 package or special package of beer sold to beer wholesalers or retail 22 licensees until at least one hundred eighty days have elapsed since his 23 last price decrease on such case, draft package or special package, 24 provided, however, that the brewer or beer wholesaler may increase any 25 price established by him at any time in the amount of any direct tax 26 increase on beer or [in the amount necessary] three percent of the final 27 cash invoice amount to reasonably remunerate such wholesaler for 28 surcharges and fees incurred for business payment card payments, as 29 [determined by the authority pursuant to] provided for by paragraph j of 30 subdivision one of section one hundred one-aaa of this chapter, or on 31 containers thereof, actually paid by such brewer or beer wholesaler, and 32 provided further, however, that if a brewer or beer wholesaler has 33 increased his price to beer wholesalers at any time pursuant to the 34 provisions hereof, the beer wholesaler may increase the price estab- 35 lished by him on such package in an amount equal to the direct price 36 increase to the beer wholesaler. The price per case, draft package or 37 special package of beer sold to beer wholesalers or retail licensees on 38 the first day of the month following the effective date of this act 39 shall be deemed the base price, to or from which price increases or 40 decreases may be made in accordance with the provisions of this section. 41 § 4. Paragraphs g, h, and i of subdivision 1 of section 101-aa of the 42 alcoholic beverage control law, as added by a chapter of the laws of 43 2019 amending the alcoholic beverage control law relating to authorizing 44 retail licenses to purchase beer, wine or liquor with a business payment 45 card, as proposed in legislative bills numbers S.4241-A and A.6701-A, 46 are REPEALED. 47 § 5. Subdivision 2 of section 101-aa of the alcoholic beverage control 48 law, as amended by a chapter of the laws of 2019 amending the alcoholic 49 beverage control law relating to authorizing retail licenses to purchase 50 beer, wine or liquor with a business payment card, as proposed in legis- 51 lative bills numbers S.4241-A and A.6701-A, is amended to read as 52 follows: 53 2. No manufacturer or wholesaler licensed under this chapter shall 54 sell or deliver any liquor or wine to any retail licensee except as 55 provided for in this section: 56 (a) for cash to be paid at the time of delivery; orS. 7505--B 83 A. 9505--B 1 (b) on terms requiring payment by such retail licensee for such alco- 2 holic beverages on or before the final payment date of the credit period 3 for which delivery is made[; or4(c) by business payment card; provided that a manufacturer or whole-5saler that exercises reasonable diligence to ensure the sale comports6with the requirements of this section shall not be found to have7violated this subdivision where a retail licensee uses a credit card8other than a business payment card]. 9 § 6. Subdivision 2-a of section 101-aa of the alcoholic beverage 10 control law, as added by a chapter of the laws of 2019 amending the 11 alcoholic beverage control law relating to authorizing retail licenses 12 to purchase beer, wine or liquor with a business payment card, as 13 proposed in legislative bills numbers S.4241-A and A.6701-A, is 14 REPEALED. 15 § 7. This act shall take effect on the same date and in the same 16 manner as a chapter of the laws of 2019, amending the alcoholic beverage 17 control law relating to authorizing retail licenses to purchase beer, 18 wine or liquor with a business payment card, as proposed in legislative 19 bills numbers S. 4241-A and A. 6701-A, takes effect. 20 SUBPART X 21 Section 1. Section 24-b of the tax law, as added by a chapter of the 22 laws of 2019, amending the tax law relating to a television writers' and 23 directors' fees and salaries credit, as proposed in legislative bills 24 numbers S. 5864-A and A. 6683-B, is amended to read as follows: 25 § 24-b. Television writers' and directors' fees and salaries credit. 26 (a)(1) A taxpayer which is a qualified film production company, or a 27 qualified independent film production company, or which is a sole 28 proprietor of or a member of a partnership which is a qualified film 29 production company or a qualified independent film production company, 30 and which is subject to tax under articles nine-A or twenty-two of this 31 chapter, shall be allowed a credit against such tax, pursuant to the 32 provisions referenced in subdivision (c) of this section, to be computed 33 as hereinafter provided. 34 (2) The amount of the credit shall be the product (or pro rata share 35 of the product, in the case of a member of a partnership) of thirty 36 percent and the qualified television writers' and directors' fees and 37 salaries costs paid or incurred in the production of a qualified film, 38 provided that: (i) the credit amount shall not exceed fifty thousand 39 dollars for qualified television writers' and directors' fees and sala- 40 ries claimed for such expenses incurred for the employment of any one 41 specific writer or director for the production of a single television 42 pilot or a single episode of a television series, and (ii) the credit 43 amount shall not exceed one hundred fifty thousand dollars for qualified 44 television writers' and directors' fees and salaries claimed for such 45 expenses incurred for the employment of any one specific writer or 46 director. In addition, under no circumstances shall the credit amount 47 include fees or salaries for more than one director per episode. The 48 credit shall be allowed for the taxable year in which the production of 49 such qualified film is completed. 50 (3) No qualified television writers' and directors' fees and salaries 51 used by a taxpayer either as the basis for the allowance of the credit 52 provided for pursuant to this section or used in the calculation of the 53 credit provided pursuant to this section shall be used by such taxpayer 54 to claim any other credit allowed pursuant to this chapter.S. 7505--B 84 A. 9505--B 1 (b) Definitions. As used in this section, the following terms shall 2 have the following meanings: 3 (1) "Qualified film production company" is a corporation, partnership, 4 limited partnership, or other entity or individual whose project is 5 conditionally eligible to receive a tax credit under section twenty-four 6 of this article which or who is principally engaged in the production of 7 a qualified film and controls the qualified film during production. 8 (2) "Qualified independent film production company" is a corporation, 9 partnership, limited partnership, or other entity or individual whose 10 project is conditionally eligible to receive a tax credit under section 11 twenty-four of this article, that or who (i) is principally engaged in 12 the production of a qualified film with a maximum budget of fifteen 13 million dollars, (ii) controls the qualified film during production, and 14 (iii) either is not a publicly traded entity, or no more than five 15 percent of the beneficial ownership of which is owned, directly or indi- 16 rectly, by a publicly traded entity. 17 (3) "Qualified film" means a television film, television pilot and/or 18 each episode of a television series, regardless of the medium by means 19 of which the film, pilot or episode is created or conveyed. 20 (4) "Qualified television writers' and directors' fees and salaries" 21 means[: (i)] salaries or fees paid to a writer or director who receives 22 an on-air credit[; (ii) for a non-credited writer, up to seventy-five23thousand dollars in salaries or fees per series of episodes. Provided], 24 provided that in each case, such writer or director is a minority group 25 member, as defined in subdivision eight of section three hundred ten of 26 the executive law, or a woman, and provided, further, that salaries or 27 fees paid to any writer or director who is a profit participant in the 28 qualified film shall not be eligible. Such fees shall not include relo- 29 cation fees or hotel costs and per diems. In addition, such fees shall 30 not include salaries or fees paid to writers or directors for work done 31 on episodes of television series that were deemed conditionally eligible 32 for the tax credit under section twenty-four of this article prior to 33 the tax year for which the credit is first available. 34 (5) "Writer" means a person who is[: (i)] engaged by a qualified film 35 production company or a qualified independent film production company to 36 write [literary material (including making changes or revisions in37literary material), when the company has the right by contract to direct38the performance of personal services in writing or preparing such mate-39rial or in making revisions, modifications or changes therein; or (ii)40engaged by the company and who performs services (at the company's41direction or with its consent) in writing or preparing such literary42material or making revisions, modifications, or changes in such materi-43al;] television scripts, outlines, rewrites, stories, or teleplays for 44 television series and [(iii)] who reports to work regularly in a writers 45 room located in the state. For the purposes of this definition, "writ- 46 er" shall not include showrunners or executive producers. 47 (6) ["Literary material" shall be deemed to include stories, adapta-48tions, treatments, original treatments, scenarios, continuities, tele-49plays, screenplays, dialogue, scripts, sketches, plots, outlines, narra-50tive synopses, routines, narrations, and formats.51(7)] "Writers room" means a room or physical location in the state 52 where writers employed by a qualified film production company or quali- 53 fied independent film production company write [or revise literary mate-54rials] television scripts, outlines, rewrites, stories, or teleplays for 55 television series utilized in a qualified film. A writers room isS. 7505--B 85 A. 9505--B 1 located in the state only if it is in use in the state at least eighty 2 percent of the time it is in existence. 3 [(8)] (7) "Director" means an individual employed or retained to 4 direct the production, as the word "direct" is commonly used in the 5 motion picture industry, [and] who would be classified as a director 6 under the basic agreement in place between the Association of Motion 7 Picture and Television Producers and the Director's Guild of America and 8 who [is a resident of New York] must meet the minimum criteria for work 9 on qualified productions in New York state as established by the commis- 10 sioner of economic development by regulation. 11 [(9)] (8) "Profit participant" is an individual who has negotiated for 12 a percentage of profits generated by a qualified film. Profit partic- 13 ipation does not include monies contractually required by collectively 14 bargained agreements for reuse of a qualified film on different plat- 15 forms over time. 16 (c) Cross-references. For application of the credit provided for in 17 this section, see the following provisions of this chapter: 18 (1) article 9-A: section 210-B: subdivision 54. 19 (2) article 22: section 606: subsection (v). 20 (d) Notwithstanding any provision of this chapter, (1) employees and 21 officers of the department of economic development and the department 22 shall be allowed and are directed to share and exchange information 23 regarding the credits applied for, allowed, or claimed pursuant to this 24 section and taxpayers who are applying for credits or who are claiming 25 credits, including information contained in or derived from credit claim 26 forms submitted to the department and applications for certification 27 submitted to the department of economic development, and (2) the commis- 28 sioner and the commissioner of the department of economic development 29 may release the names and addresses of any taxpayer claiming this credit 30 and the amount of the credit earned by the taxpayer. Provided, however, 31 if a taxpayer claims this credit because it is a member of a limited 32 liability company or a partner in a partnership, only the amount of 33 credit earned by the entity and not the amount of credit claimed by the 34 taxpayer may be released. 35 (e) Maximum amount of credits. (1) The aggregate amount of tax credits 36 allowed under this section, subdivision fifty-four of section two 37 hundred ten-B and subsection (v) of section six hundred six of this 38 chapter in any calendar year shall be five million dollars. Such aggre- 39 gate amount of credits shall be allocated by the department of economic 40 development among taxpayers in order of priority based upon the date of 41 filing an application for allocation of television writers' and direc- 42 tors' fees and salaries credit with such department. If the total amount 43 of allocated credits applied for in any particular year exceeds the 44 aggregate amount of tax credits allowed for such year under this 45 section, such excess shall be treated as having been applied for on the 46 first day of the subsequent year. 47 (2) The commissioner of economic development, after consulting with 48 the commissioner, shall promulgate regulations [by October thirty-first,49two thousand nineteen] to establish procedures for the allocation of tax 50 credits as required by subdivision (a) of this section. Such rules and 51 regulations shall include provisions describing the application process, 52 the due dates for such applications, the standards which shall be used 53 to evaluate the applications, the documentation that will be provided to 54 taxpayers to substantiate to the department the amount of tax credits 55 allocated to such taxpayers, and such other provisions as deemed neces- 56 sary and appropriate. Notwithstanding any other provisions to theS. 7505--B 86 A. 9505--B 1 contrary in the state administrative procedure act, such rules and regu- 2 lations may be adopted on an emergency basis [if necessary to meet such3October thirty-first, two thousand nineteen deadline]. 4 (f) The department of economic development shall submit to the gover- 5 nor, the temporary president of the senate, and the speaker of the 6 assembly, an annual report to be submitted on February first of each 7 year evaluating the effectiveness of the television writers' and direc- 8 tors' fees and salaries tax credit provided by this section in stimulat- 9 ing the growth of diversity in the film industry in the state. Such 10 report shall include, but need not be limited to, the number of quali- 11 fied film production companies and/or qualified independent film 12 production companies which received a television writers' and directors' 13 fees and salaries credit, the credit amounts claimed by each qualified 14 film production company and/or qualified independent film production 15 company, as well as the impact on employment and the economy of the 16 state. Such report shall be based on data available from the application 17 filed with the department of economic development for allocation of 18 television writers' and directors' fees and salaries credits. Notwith- 19 standing any provision of law to the contrary, the information contained 20 in the report shall be public information. The report may also include 21 any recommendations of changes in the calculation or administration of 22 the credit, and any other recommendation of the commissioner of the 23 department of economic development regarding continuing modification, 24 repeal of such act, and such other information regarding the act as the 25 commissioner of the department of economic development may feel useful 26 and appropriate. 27 § 2. Section 6 of a chapter of the laws of 2019, amending the tax law 28 relating to a television writers' and directors' fees and salaries cred- 29 it, as proposed in legislative bills numbers S. 5864-A and A. 6683-B, is 30 amended to read as follows: 31 § 6. Study of the underutilization of minority and women screenwriters 32 and directors. 1. Study. Subject to an appropriation which shall 33 provide sufficient funding necessary to complete such study, the depart- 34 ment of economic development shall select, through the request for 35 proposal process, an entity independent of such department which shall 36 serve as such department's designee for the purpose of conducting a 37 study to investigate the statistical significance of the underutiliza- 38 tion of minority and women screenwriters and directors. Such study shall 39 conduct or provide for an examination of, but not be limited to, a 40 comparison of available minority and women screenwriters and directors 41 against the share of screenwriting and directing work such groups 42 receive on projects in New York state to demonstrate the statistically 43 significant underutilization of that population. 44 2. Report. (a) Upon the completion of the study conducted pursuant to 45 subdivision one of this section, the department of economic development 46 shall deliver a report of the findings of such study to the governor, 47 the temporary president of the senate, and the speaker of the assembly 48 and post the study on the website of the department of economic develop- 49 ment. (b) If the department of economic development determines that the 50 study has found statistically significant evidence of the underutiliza- 51 tion of minority and women screenwriters and directors against the share 52 of screenwriting and directing work such groups receive on projects in 53 the state, then the department of economic development shall so notify 54 the governor, the temporary president of the senate, the speaker of the 55 assembly, the commissioner of taxation and finance and the legislative 56 bill drafting commission.S. 7505--B 87 A. 9505--B 1 3. Powers. All other departments or agencies of the state or subdivi- 2 sions thereof, and local governments shall, at the request of the 3 department of economic development or its designee chosen pursuant to 4 subdivision one of this section, provide expertise, assistance, and/or 5 data that are relevant or material to the completion of the study 6 directed to be completed by subdivision one of this section and the 7 report directed to be completed by subdivision two of this section. The 8 department of economic development, or its designee, shall also be 9 authorized to obtain relevant information from any recognized entities 10 representing the television industry or segments thereof towards the 11 completion of such study. 12 § 7. This act shall take effect immediately, [and shall apply to taxa-13ble years beginning on or after January 1, 2020] provided, however, that 14 the provisions of sections one, two, three, four, and five of this act 15 shall take effect on the first of January next succeeding the date the 16 department of economic development provides notice to the legislative 17 bill drafting commission of a determination pursuant to paragraph (b) of 18 subdivision two of section six of this act and shall apply to taxable 19 years on and after such date; provided that the department of economic 20 development shall notify the legislative bill drafting commission upon 21 the occurrence of the submission of the report provided for in paragraph 22 (b) of subdivision two of section six of this act in order that the 23 commission may maintain an accurate and timely effective data base of 24 the official text of the laws of the state of New York in furtherance of 25 effectuating the provisions of section 44 of the legislative law and 26 section 70-b of the public officers law. Effective immediately, the 27 addition, amendment and/or repeal of any rule or regulation necessary 28 for the implementation of this act on its effective date are authorized 29 to be made and completed on or before such effective date. 30 § 3. This act shall take effect immediately; provided, however that 31 section one of this act and section 6 of a chapter of the laws of 2019, 32 amending the tax law relating to a television writers' and directors' 33 fees and salaries credit, as proposed in legislative bills numbers S. 34 5864-A and A. 6683-B, as amended by section two of this act shall take 35 effect on the same date and in the same manner as such chapter of the 36 laws of 2019, takes effect. 37 SUBPART Y 38 Section 1. A chapter of the laws of 2019, amending the labor law 39 relating to ensuring that utility employees receive the prevailing wage, 40 as proposed in legislative bills numbers S. 6265-A and A. 8083-A, is 41 REPEALED. 42 § 2. The public service law is amended by adding a new section 42-a to 43 read as follows: 44 § 42-a. Payment of wages to workers; certain cases. 1. The legislature 45 hereby finds that the protection of critical infrastructure is furthered 46 by the enhanced training, experience and expertise of workers in all 47 positions at such facilities. Given that the state of New York, due to 48 its representation as a beacon of liberty, diversity and equality, and 49 its history of being the target of terrorist attacks, will always be a 50 target for those who wish to do this country and this state harm, New 51 York has a fundamental obligation to harden its infrastructure against 52 any such threats or activity. In hardening the infrastructure there is 53 no greater asset than the human capital that serve at the front lines of 54 the effort to thwart terrorist attacks. The electric and steam generat-S. 7505--B 88 A. 9505--B 1 ing facilities in the state, when active, provide a target that requires 2 the hardening not only of the physical infrastructure but the human 3 infrastructure as well. Turnover in such positions, for the service 4 workers who provide cleaning, security and maintenance services at such 5 active generating facilities will decrease if the workers are paid 6 increased wages. The reduction of turnover will allow for the more 7 developed and trained workforce to continue to provide the measure of 8 safety and security the state requires. Given that important state 9 interest, it is therefore found and declared that the workers at such 10 facilities shall be trained to ensure their ability to meet the security 11 needs of the facilities that they work upon. It is further found and 12 declared that the reduction of turnover may be accomplished by the 13 payment of rates of pay in line with those prevailing in such trade or 14 occupation, as otherwise defined. 15 2. The wages paid, and benefits provided, to building service employ- 16 ees who are employed at a work location that is an active major electric 17 or steam generating facility, or at a transmission or distribution 18 facility considered critical infrastructure as determined by the divi- 19 sion of homeland security and emergency services in consultation with 20 the department, shall be subject to article nine of the labor law. For 21 purposes of this section "major electric generating facility" means an 22 electric generating facility with a nameplate generating capacity of 23 twenty-five thousand kilowatts or more, including interconnection elec- 24 tric transmission lines and fuel gas transmission lines, and "major 25 steam generating facility" means a steam generating facility with a 26 generating capacity to be determined by the department. 27 § 3. This act shall take effect on the same date and in the same 28 manner as a chapter of the laws of 2019, amending the labor law relating 29 to ensuring that utility employees receive the prevailing wage, as 30 proposed in legislative bills numbers S. 6265-A and A. 8083-A, takes 31 effect, provided, however, that section two of this act shall take 32 effect on the one hundred eightieth day after it shall have become a 33 law. 34 SUBPART Z 35 Section 1. Paragraph (b) of subdivision 2 of section 280-b of the real 36 property law, as added by a chapter of the laws of 2019, amending the 37 real property law relating to regulation of reverse mortgages issued 38 under the federal home equity conversion mortgage for seniors program, 39 as proposed in legislative bills numbers S. 4407 and A. 5626, is amended 40 to read as follows: 41 (b) use the words "government insured" or other similar language 42 [representing] in a manner that falsely represents that reverse mortgage 43 loans are insured, supported and sponsored by any governmental entity in 44 any commercial, mailing, advertisement or writing relating thereto; or 45 § 2. This act shall take effect on the same date and in the same 46 manner as a chapter of the laws of 2019, amending the real property law 47 relating to regulation of reverse mortgages issued under the federal 48 home equity conversion mortgage for seniors program, as proposed in 49 legislative bills numbers S. 4407 and A. 5626, takes effect. 50 SUBPART AA 51 Section 1. Title 9 of article 37 of the environmental conservation 52 law, as added by a chapter of the laws of 2019 amending the environ-S. 7505--B 89 A. 9505--B 1 mental conservation law relating to regulation of toxic chemicals in 2 children's products, as proposed in legislative bills numbers S. 501-B 3 and A. 6296-A, is amended to read as follows: 4 TITLE IX 5 TOXIC CHEMICALS IN CHILDREN'S PRODUCTS 6 Section 37-0901. Definitions. 7 37-0903. [Consumer notice] Applicability. 8 37-0905. Chemicals of concern and high-priority chemicals. 9 [37-0905.] 37-0907. Reporting on the use of chemicals. 10 [37-0907.] 37-0909. Sales prohibition. 11 [37-0909. Applicability.] 37-0911. Children's product safety 12 council; established. 13 [37-0911. Enforcement and implementation] 37-0913. Notice to 14 retailers and the public. 15 [37-0913. Regulations] 37-0915. Enforcement and implementation. 16 37-0917. Regulations. 17 § 37-0901. Definitions. 18 As used in this title, unless the context otherwise indicates, the 19 following terms have the following meanings. 20 1. "Children's apparel" means any item of clothing that consists of 21 fabric or related material intended or promoted for use in children's 22 clothing. Children's apparel does not mean protective equipment designed 23 to prevent injury, including, but not limited to, bicycle helmets, 24 athletic supporters, knee pads or elbow pads. 25 2. "Chemical" means a substance with a distinct molecular composition 26 or a group of structurally related substances and includes the breakdown 27 products of the substance or substances that form through decomposition, 28 degradation or metabolism. 29 3. "[Chemicals] Chemical of concern" [means:30(a) 1,1,2,2-Tetrachloroethane (CAS 79-34-5)31(a-1) 1,2-Dibromoethane (CAS 106-93-4)32(a-2) 1,1,3,3-Tetramethyl-4-butylphenol; 4-tert-octylphenol (CAS 140-3366-9)34(a-3) (1,1,3,3 - Tetramethylbutyl) Phenol; Octylphenol (CAS3527193-28-8)36(a-4) 1,3-Butadiene (CAS 106-99-0)37(b) 1,4-Dioxane (CAS 123-91-1)38(c) 2,2',3,3',4,4',5,5',6,6'-Decabromodiphenyl ether; BDE-209 (CAS391163-19-5)40(d) 2,4-Diaminotoluene (CAS 95-80-7)41(d-1) 2,4-Dihydroxybenzophenone; resbenzophenone (CAS 131-56-6)42(e) 2-Aminotoluene (CAS 95-53-4)43(f) 2-Ethylhexanoic acid (CAS 149-57-5)44(f-1) 2-Ethyl-hexyl-2, 3, 4, 5 tetrabromobenzoate (TBB) (CAS45183658-27-7)46(g) 2-Ethyl-hexyl-4-methoxycinnamate (CAS 5466-77-3)47(g-1) 2-Napthylamine (CAS 91-59-8)48(h) 2-Methoxyethanol (CAS 109-86-4)49(i) 3,3'-Dimethylbenzidine and dyes metabolized to503,3'-Dimethylbenzidine (CAS 119-93-7)51(i-1) 4-Hydroxybiphenol (CAS 92-69-3)52(j) 4-Nonylphenol; 4-NP and its isomer mixtures including CAS5384852-15-3 and CAS 25154-52-3 (CAS 104-40-5)54(j-1) 4,4-methylenebis(2-chloroaniline) (CAS 101-14-4)55(k) 4-Tert-octylphenol; 1,1,3,3-Tetramethyl-4-butylphenol (CAS56140-66-9)S. 7505--B 90 A. 9505--B 1(l) Acetaldehyde (CAS 75-07-0)2(m) Acrylonitrile (CAS 107-13-1)3(n) Aniline (CAS 62-53-3)4(o) Antimony & antimony compounds (CAS 7440-36-0)5(p) Arsenic & arsenic compounds (CAS 7440-38-2) including arsenic6trioxide & dimethyl arsenic (CAS 75-60-5)7(q) Asbestos (CAS 1332-21-4)8(r) Benzene (CAS 71-43-2)9(s) Benzene, pentachloro (CAS 608-93-5)10(s-1) Benzidine and its salts (CAS 92-87-5)11(t) Benzophenone-2 (BP-2); 2,2',4,4'-tetrahydroxybenzophenone (CAS12131-55-5)13(t-1) Bis(2-ethylhexyl) tetrabromophtalate (TBPH) (CAS 26040-51-7)14(t-2) Bis(chloromethyl) propane-1-3-diyltetrakis-(2-chloroethyl)15bis(phosphate)(V6)(CAS 38051-10-4)16(u) Bisphenol A (CAS 80-05-7)17(u-1) Bisphenol F (CAS 620-92-8)18(u-2) Bisphenol S (CAS 80-09-1)19(v) Butyl benzyl phthalate (BBP) (CAS 85-68-7)20(w) Butyl paraben (CAS 94-28-6)21(x) Butylated Hydroxyanisole; (BHA) (CAS 25013-16-5)22(y) C.I. solvent yellow 14 (CAS 842-07-9)23(z) Cadmium & cadmium compounds (CAS 7440-43-9)24(aa) Carbon disulfide (CAS 75-15-0)25(aa-1) Chlorinated paraffins (CAS 108171-26-2)26(bb) Cobalt & cobalt compounds (CAS 7440-48-4)27(bb-1) Decabromodiphenyl ethane (DBPE) (CAS 84852-53-9)28(bb-2) Decabromodiphenyl ether (CAS 163-19-5)29(cc) Di-2-ethylhexyl phthalate (CAS 117-81-7)30(cc-1) Di-(2-methoxyethyl) phthalate (DMEP) (CAS 117-82-8)31(dd) Dibutyl phthalate (CAS 84-74-2)32(dd-1) Dicyclohexyl phthalate (DCHP) (CAS 84-61-7)33(ee) Diethyl phthalate (CAS 84-66-2)34(ee-1) Diisobutyl phthalate (DIBP) (CAS 84-69-5)35(ff) Diisodecyl phthalate (DIDP) (CAS 26761-40-0)36(gg) Diisononyl phthalate (DINP) (CAS 28553-12-0)37(hh) Di-n-hexyl phthalate (CAS 84-75-3)38(ii) Di-n-octyl phthalate (DNOP) (CAS 117-84-0)39(ii-1) Dipentyl phthalate (DPP) (CAS 131-18-0)40(ii-2) Epichlorohydrin (CAS 106-98-9)41(jj) Estragole (CAS 140-67-0)42(kk) Ethyl paraben (CAS 120-47-8)43(ll) Ethylbenzene (CAS 100-41-4)44(mm) Ethylene glycol (CAS 107-21-1)45(nn) Ethylene glycol monoethyl ester (CAS 110-80-5)46(nn-1) Ethyl hexyl d-phenol phosphate (EHDPP) (CAS 1241-94-7)47(oo) Formaldehyde (CAS 50-0-0)48(pp) Hexabromocyclododecane (HBCD) (CAS 25637-99-4)49(qq) Hexachlorobenzene (CAS 118-74-1)50(rr) Hexachlorobutadiene (CAS 87-68-3)51(rr-1) Isopropylated triphenyl phosphate (IPTPP) (CAS 68437-41-7)52(ss) Lead & lead compounds (CAS 7439-92-1)53(tt) Mercury & mercury compounds (CAS 7439-97-6) including methyl54mercury (CAS 22967-92-6)55(uu) Methyl ethyl ketone (CAS 78-93-3)56(vv) Methyl paraben (CAS 99-76-3)S. 7505--B 91 A. 9505--B 1(ww) Methylene chloride (CAS 75-09-2)2(ww-1) Methyl tert-butyl ether (MTBE) (CAS 1634-04-4)3(xx) Molybdenum & molybdenum compounds (CAS 7439-98-7)4(xx-1) Mono-n-butylphthalate (CAS 131-70-4)5(yy) N-methylpyrrolidone (CAS 872-50-4)6(yy-1) Nickel and nickel compounds (CAS N/A)7(zz) N-nitrosodimethylamine (CAS 62-75-9)8(aaa) N-nitrosodiphenylamine (CAS 86-30-6)9(bbb) Nonylphenol (CAS 25154-52-3)10(ccc) Para-chloroaniline (CAS 106-47-3)11(ddd) Perchloroethylene (CAS 127-18-4)12(ddd-1) Perflurooctanoic acid (PFOA & related substances) (CAS13335-67-1)14(eee) Perfluorooctanyl sulphonic acid and its salts (PFOS) (CAS 1763-1523-1)16(fff) Phenol (CAS 108-95-2)17(ggg) Phenol, 4-octyl- (CAS 1806-26-4)18(hhh) P-hydroxybenzoic acid (CAS 99-96-7)19(iii) Propyl paraben (CAS 94-13-3)20(iii-1) Short chain chlorinated paraffins (SCCP) (CAS 85535-84-8)21(jjj) Silica, crystalline (in the form of quartz or cristabolite dust)22(CAS 14808-60-7)23(kkk) Styrene (CAS 100-42-5)24(lll) Tetrabromobisphenol A (CAS 79-94-7)25(lll-1) Tetrachloroethene (CAS 127-18-4)26(mmm) Toluene (CAS 108-88-3)27(mmm-1) Tricresyl phosphate (TCP) (CAS 1330-78-5)28(mmm-2) Tri-n-butyl phosphate (TNBP) (CAS 126-73-8)29(mmm-3) Triphenyl phosphate (TPP) (CAS 115-86-6)30(nnn) Tris(1,3-dichloro-2-propyl) phosphate (CAS 13674-87-3)31(nnn-1) Tris(1-chloro-2-propyl) phosphate (TCPP) (CAS 13674-84-5)32(ooo) Tris(2-chloroethyl) phosphate (CAS 115-96-8)33(ooo-1) Tris(2,3-dibromopropylphosphate) (CAS 126-72-7)34(ppp) Vinyl chloride (CAS 75-01-4)] means a chemical identified by the 35 department by rule pursuant to subdivision one of section 37-0905 of 36 this title. 37 4. "Children" means a person or persons aged twelve and under. 38 5. "Children's product" means a consumer product primarily intended 39 for, made for or marketed for use by children, such as baby products, 40 toys, car seats, school supplies, personal care products as defined in 41 section 37-0117 of this article, a product designed or intended by the 42 manufacturer to help a child with sucking or teething, to facilitate 43 sleep, relaxation, or the feeding of a child, and children's novelty 44 products, children's jewelry as defined in section 37-0115 of this arti- 45 cle, children's bedding, furniture, furnishings, and apparel. "Chil- 46 dren's product" does not include (a) batteries; [or] (b) consumer elec- 47 tronic products and their component parts including but not limited to 48 personal computers, audio and video equipment, calculators, wireless 49 phones, game consoles, video toys that can be connected to a video 50 screen and are operated at a nominal voltage exceeding twenty-four volts 51 and handheld devices incorporating a video screen, used to access inter- 52 active software and their associated peripherals, accessories and 53 peripherals to children's electronic products including plugs, keyboards 54 and headphones, interactive software, intended for leisure and enter- 55 tainment, such as computer games, and their storage media, such as 56 compact disks; or (c) [a food or beverage or an additive to a food orS. 7505--B 92 A. 9505--B 1beverage regulated by the United States Food and Drug Administration.2"Children's product" also does not include a drug, biologic or medical3device regulated by the United States Food and Drug Administration] 4 sporting equipment including bicycles and tricycles, skis, snow boards, 5 sleds, and roller skates; and hunting and fishing equipment or compo- 6 nents thereof; (d) science kits including chemistry sets and model rock- 7 ets; (e) toy engines and sets of darts with metallic points; (f) motor 8 vehicles or their component parts, watercraft or their component parts, 9 all-terrain vehicles or their component parts, or off-highway motorcy- 10 cles or their component parts. 11 6. "Consumer product" means any product that is regularly used or 12 purchased to be used for personal, family or household purposes. Consum- 13 er product shall not mean: (a) a food or beverage or an additive to a 14 food or beverage regulated by the United States Food and Drug Adminis- 15 tration; or (b) a drug, biologic or medical device regulated by the 16 United States Food and Drug Administration. 17 [6.] 7. "Distributor" means a person who sells children's products to 18 retail establishments on a wholesale basis. 19 [7.] 8. "Manufacturer" means any person who currently manufactures a 20 children's product or whose brand name is affixed to the children's 21 product. In the case of a children's product that was imported into the 22 United States, "manufacturer" includes the importer or first domestic 23 distributor of the children's product if the person who currently manu- 24 factures or assembles the children's product or whose brand name is 25 affixed to the children's product does not have a presence in the United 26 States. 27 [8.] 9. "Practical quantification limit" means the lowest level that 28 can be reliably achieved within specified limits of precision and accu- 29 racy during routine laboratory operating conditions. 30 [9. "Dangerous] 10. "High-priority chemical" means (a) [the following31chemicals:32CASRN13674-87-8 Tris (1, 3 dichloro-2-propyl) phosphate33CASRN71-43-2 Benzene34CASRN7439-92-1 lead and compounds (inorganic)35CASRN7439-97-6 Mercury and mercury compounds, including methyl36mercury (CASRN 22967-92-6)37CASRN50-00-0 Formaldehyde38CASRN1332-21-4 Asbestos39CASRN7440-38-2 Arsenic and arsenic compounds including arsenic40trioxide (CASRN 1327-53-3)41and dimethyl arsenic (CASRN 75-60-5)42CASRN7440-43-9 Cadmium43CASRN Assorted Organohalogen flame retardants44(b) a chemical adopted by the department pursuant to section 37-0903] 45 a chemical designated pursuant to paragraph (a) of subdivision two of 46 section 37-0905 of this title; and 47 (b) a chemical adopted by the department pursuant to paragraph (b) of 48 subdivision two of section 37-0905 of this title. 49 [10.] 11. "Intentionally added chemical" means a chemical in a product 50 that serves an intended function in the product component. 51 12. "Toy" means a product designed or intended by the manufacturer to 52 be used by children at play. 53 13. "Trace contaminant" means a trace amount of a chemical or chemi- 54 cals that is incidental to manufacturing, including an unintended 55 by-product of chemical reactions during the manufacture of the chil-S. 7505--B 93 A. 9505--B 1 dren's product, a trace impurity in feed-stock, an incompletely reacted 2 chemical mixture, or a degradation product. 3 14. "Very persistent" means having a half-life greater than or equal 4 to one of the following: (a) a half-life in soil or sediment of greater 5 than one hundred eighty days; (b) a half-life greater than or equal to 6 sixty days in water or evidence of long-range transport. 7 15. "Very bioaccumulative" means having a bioconcentration factor or 8 bioaccumulation factor greater than or equal to five thousand, or if 9 neither are available, having a log Kow greater than 5.0. 10 § 37-0903. [Consumer notice.111. Publishing of lists. Within one hundred eighty days of the effec-12tive date of this title, the department shall post lists of dangerous13chemicals and chemicals of concern on the department's website.142. Periodic review. (a) The department, in consultation with the15department of health, shall periodically review the list of dangerous16chemicals and, may through regulation, add or remove dangerous chemicals17or chemicals of concern from such lists.18(b) The department, in consultation with the department of health, may19identify a chemical as a dangerous chemical if, upon such review, it is20present in a children's product and meets any of the following criteria:21(i) The chemical or its metabolites have been found through biomoni-22toring to be present in humans;23(ii) The chemical has been found through sampling and analysis to be24present in household dust, indoor air, drinking water or elsewhere in25the home environment;26(iii) The chemical has been found through monitoring to be present in27fish, wildlife or the natural environment; or28(iv) The sale or use of the chemical or a children's product contain-29ing the chemical has been banned in another state or states within the30United States because of the health effects of such chemical.31(c) The department, in consultation with the department of health, may32remove a chemical from the list of dangerous chemicals if, upon review,33it determines on the basis of credible scientific evidence that such34chemical no longer meets the criteria for listing under paragraph (b) of35this subdivision.36(d) The department, in consultation with the department of health37shall identify a chemical as a chemical of concern if, upon review, it38determines that the chemical has been identified by a state, federal or39international governmental entity on the basis of credible scientific40evidence as:41(i) A carcinogen, reproductive or developmental toxicant, neurotoxi-42cant, asthmagen, or endocrine disruptor;43(ii) Persistent, bioaccumulative and toxic; or44(iii) Very persistent and very bioaccumulative.] Applicability. 45 1. New children's products. The provisions of this title shall apply 46 to chemicals of concern and high-priority chemicals in children's 47 products sold or distributed as new and does not apply to used chil- 48 dren's products that are sold or distributed for free at secondhand 49 stores, yard sales, on the internet or donated to charities. 50 2. Exceptions. (a) The requirements of this title shall not apply to 51 high priority chemicals used in or for industry or manufacturing, 52 including chemicals processed or otherwise used in or for industrial or 53 manufacturing processes and not included in the final product. 54 (b) Combustion. The requirements of this title shall not apply to 55 high-priority chemicals generated solely as combustion by-products or 56 that are present in combustible fuels.S. 7505--B 94 A. 9505--B 1 (c) Small business exception. The requirements of this title shall not 2 apply to children's product manufacturers that employ five persons or 3 fewer and are independently owned and operated. 4 (d) Retailers. A retailer is exempt from the requirements of this 5 title unless that retailer knowingly sells a children's product contain- 6 ing a high-priority chemical after the effective date of its prohibition 7 for which that retailer has received notification pursuant to section 8 37-0913 of this title. 9 § 37-0905. Chemicals of concern and high-priority chemicals. 10 1. Chemicals of concern. 11 (a) Within two years of the effective date of this title, the depart- 12 ment, in consultation with the department of health, shall promulgate a 13 list of chemicals of concern. A chemical may be listed as a chemical of 14 concern if it has been identified by a government entity and/or identi- 15 fied on the basis of credible scientific evidence as being: 16 (i) a carcinogen, reproductive or developmental toxicant, neurotoxi- 17 cant, asthmagen, or endocrine disruptor; 18 (ii) persistent, bioaccumulative and toxic; or 19 (iii) very persistent and very bioaccumulative. 20 (b) The department shall review lists codified or promulgated in other 21 states as chemicals of concern to determine if such chemicals meet the 22 criteria of paragraph (a) of this subdivision. The department at a mini- 23 mum shall consider: 24 (i) 1,1,2,2-Tetrachloroethane (CAS 79-34-5) 25 (ii) 1,1,3,3-Tetramethyl-4-butylphenol; 4-tert-octylphenol (CAS 26 140-66-9) 27 (iii) 1,4-Dioxane (CAS 123-91-1) 28 (iv) 2,2',3,3',4,4',5,5',6,6'-Decabromodiphenyl ether; BDE-209 (CAS 29 1163-19-5) 30 (v) 2,4-Diaminotoluene (CAS 95-80-7) 31 (vi) 2-Aminotoluene (CAS 95-53-4) 32 (vii) 2-Ethylhexanoic acid (CAS 149-57-5) 33 (viii) 2-Ethyl-hexyl-2, 3, 4, 5 tetrabromobenzoate (TBB) (CAS 183658- 34 27-7) 35 (ix) 2-Ethyl-hexyl-4-methoxycinnamate (CAS 5466-77-3) 36 (x) 2-Methoxyethanol (CAS 109-86-4) 37 (xi) 3,3'-Dimethylbenzidine and dyes metabolized to 38 3,3'-Dimethylbenzidine (CAS 119-93-7) 39 (xii) 4-Nonylphenol; 4-NP and its isomer mixtures including CAS 40 84852-15-3 and CAS 25154-52-3 (CAS 104-40-5) 41 (xiii) Acetaldehyde (CAS 75-07-0) 42 (xiv) Acrylonitrile (CAS 107-13-1) 43 (xv) Aniline (CAS 62-53-3) 44 (xvi) Antimony & antimony compounds (CAS 7440-36-0) 45 (xvii) Arsenic & arsenic compounds (CAS 7440-38-2) including arsenic 46 trioxide & dimethyl arsenic (CAS 75-60-5) 47 (xviii) Asbestos (CAS 1332-21-4) 48 (xix) Benzene (CAS 71-43-2) 49 (xx) Benzene, pentachloro (CAS 608-93-5) 50 (xxi) Benzophenone-2 (BP-2); 2,2',4,4'-tetrahydroxybenzophenone (CAS 51 131-55-5) 52 (xxii) Bis(2-ethylhexyl) tetrabromophtalate (TBPH) (CAS 26040-51-7) 53 (xxiii) Bis(chloromethyl) propane-1-3-diyltetrakis-(2-chloroethyl) 54 bis(phosphate)(V6)(CAS 38051-10-4) 55 (xxiv) Bisphenol A (CAS 80-05-7) 56 (xxv) Bisphenol F (CAS 620-92-8)S. 7505--B 95 A. 9505--B 1 (xxvi) Bisphenol S (CAS 80-09-1) 2 (xxvii) Butyl benzyl phthalate (BBP) (CAS 85-68-7) 3 (xxviii) Butylated Hydroxyanisole; (BHA) (CAS 25013-16-5) 4 (xxix) C.I. solvent yellow 14 (CAS 842-07-9) 5 (xxx) Cadmium & cadmium compounds (CAS 7440-43-9) 6 (xxxi) Carbon disulfide (CAS 75-15-0) 7 (xxxii) Chlorinated paraffins (CAS 108171-26-2) 8 (xxxiii) Cobalt & cobalt compounds (CAS 7440-48-4) 9 (xxxiv) Decabromodiphenyl ethane (DBPE) (CAS 84852-53-9) 10 (xxxv) Di-2-ethylhexyl phthalate (CAS 117-81-7) 11 (xxxvi) Di-(2-methoxyethyl) phthalate (DMEP) (CAS 117-82-8) 12 (xxxvii) Dicyclohexyl phthalate (DCHP) (CAS 84-61-7) 13 (xxxviii) Diethyl phthalate (CAS 84-66-2) 14 (xxxix) Diisobutyl phthalate (DIBP) (CAS 84-69-5) 15 (xl) Di-n-hexyl phthalate (CAS 84-75-3) 16 (xli) Di-n-octyl phthalate (DNOP) (CAS 117-84-0) 17 (xlii) Dipentyl phthalate (DPP) (CAS 131-18-0) 18 (xliii) Ethylene glycol (CAS 107-21-1) 19 (xliv) Ethylene glycol monoethyl ester (CAS 110-80-5) 20 (xlv) Ethyl hexyl d-phenol phosphate (EHDPP) (CAS 1241-94-7) 21 (xlvi) Formaldehyde (CAS 50-0-0) 22 (xlvii) Hexabromocyclododecane (HBCD) (CAS 25637-99-4) 23 (xlviii) Hexachlorobenzene (CAS 118-74-1) 24 (xlix) Hexachlorobutadiene (CAS 87-68-3) 25 (l) Isopropylated triphenyl phosphate (IPTPP) (CAS 68437-41-7) 26 (li) Mercury & mercury compounds (CAS 7439-97-6) including methyl 27 mercury (CAS 22967-92-6) 28 (lii) Methyl ethyl ketone (CAS 78-93-3) 29 (liii) Methyl paraben (CAS 99-76-3) 30 (liv) Methylene chloride (CAS 75-09-2) 31 (lv) N-methylpyrrolidone (CAS 872-50-4) 32 (lvi) Nickel and nickel compounds (CAS N/A) 33 (lvii) N-nitrosodimethylamine (CAS 62-75-9) 34 (lviii) N-nitrosodiphenylamine (CAS 86-30-6) 35 (lvix) Perchloroethylene (CAS 127-18-4) 36 (lx) Perfluorooctanoic acid (PFOA & related substances) (CAS 335-67-1) 37 (lxi) Perfluorooctanyl sulphonic acid and its salts (PFOS) (CAS 1763- 38 23-1) 39 (lxii) Phenol (CAS 108-95-2) 40 (lxiii) Phenol, 4-octyl- (CAS 1806-26-4) 41 (lxiv) P-hydroxybenzoic acid (CAS 99-96-7) 42 (lxv) Propyl paraben (CAS 94-13-3) 43 (lxvi) Styrene (CAS 100-42-5) 44 (lxvii) Tetrabromobisphenol A (CAS 79-94-7) 45 (lxviii)Tetrachloroethene (CAS 127-18-4) 46 (lxix) Toluene (CAS 108-88-3) 47 (lxx) Tricresyl phosphate (TCP) (CAS 1330-78-5) 48 (lxxi) Tri-n-butyl phosphate (TNBP) (CAS 126-73-8) 49 (lxxii) Triphenyl phosphate (TPP) (CAS 115-86-6) 50 (lxxiii) Tris(1-chloro-2-propyl) phosphate (TCPP) (CAS 13674-84-5) 51 (lxxiv) Tris(2-chloroethyl) phosphate (CAS 115-96-8) 52 (lxxv) Tris(2,3-dibromopropylphosphate) (CAS 126-72-7) 53 (lxxvi) Vinyl chloride (CAS 75-01-4) 54 (lxxvii) Organohalogen flame retardants 55 (c) The department, in consultation with the department of health, 56 shall periodically review the list of chemicals of concern and mayS. 7505--B 96 A. 9505--B 1 through regulation add or remove a chemical from the list on the basis 2 of credible scientific evidence. The department may remove a chemical 3 from the list of chemicals of concern if, upon review, it determines on 4 the basis of credible scientific evidence that such chemical no longer 5 meets the criteria for listing under paragraph (a) of this subdivision. 6 2. High-priority chemicals. (a) The following chemicals are designated 7 high priority chemicals for purposes of this title: 8 (i) Tris (1, 3 dichloro-2-propyl) phosphate (CAS 13674-87-8) 9 (ii) Benzene (CAS 71-43-2) 10 (iii) Mercury and mercury compounds, including methyl mercury (CAS 11 7439-97-6) 12 (iv) Asbestos (CAS 1332-21-4) 13 (v) Arsenic and arsenic compounds (CAS 7440-38-2) including arsenic 14 trioxide (CASRN 1327-53-3) and dimethyl arsenic (CASRN 75-60-5) 15 (vi) Cadmium (CAS 7440-43-9) (other than toy coatings) 16 (vii) Organohalogen flame retardants in upholstered bedding or furni- 17 ture 18 (b) The department shall periodically review the list of high priority 19 chemicals and may by rule add to the list of high-priority chemicals if 20 the criteria of paragraph (a) of subdivision one of this section are met 21 and the chemical is present in a children's product and meets any of the 22 following criteria: 23 (i) The chemical or its metabolites have been found through biomoni- 24 toring to be present in humans; 25 (ii) The chemical has been found through sampling and analysis to be 26 present in household dust, indoor air, drinking water or elsewhere in 27 the home environment; 28 (iii) The chemical has been found through monitoring to be present in 29 fish, wildlife or the natural environment; or 30 (iv) The sale or use of the chemical or a children's product contain- 31 ing the chemical has been banned in another state or states within the 32 United States because of the health effects of such chemical or the 33 children's product safety council established pursuant to section 34 37-0911 of this title has recommended the chemical be listed as a high- 35 priority chemical. The department shall, as part of its periodic 36 review, consider whether the sale or use of a chemical or a children's 37 product containing the chemical has been banned in another state or 38 within the United States because of the health effects of such chemical. 39 (c) The department, in consultation with the department of health, may 40 remove a chemical from the list of high priority chemicals if it deter- 41 mines on the basis of credible scientific evidence that such chemical no 42 longer meets the criteria of paragraph (b) of this subdivision. 43 § [37-0905.] 37-0907. Reporting on the use of chemicals. 44 1. Reporting of chemical use. No later than twelve months after a 45 [dangerous] chemical of concern or high-priority chemical appears on the 46 [list published] lists promulgated pursuant to section [37-0903] 37-0905 47 of this title, every manufacturer who offers a children's product for 48 sale or distribution in this state that contains a [dangerous chemical49or] chemical of concern or a high-priority chemical shall report such 50 chemical use at or above practical quantification limits to the depart- 51 ment, provided however, that the department may, through regulation, 52 establish an alternative threshold for the reporting of trace contam- 53 inants. 54 (a) This report must at a minimum identify the children's product, the 55 [dangerous] high-priority chemical or chemicals of concern contained inS. 7505--B 97 A. 9505--B 1 the children's product and the intended purpose of such chemicals. The 2 department may also require reporting of the following information: 3 (i) the amount of such chemical in the children's product; or 4 (ii) information on the likelihood that the chemical will be released 5 from the children's product to the environment during the product's life 6 cycle and the extent to which users of the product are likely to be 7 exposed to the chemical. 8 (b) The department is authorized to direct submission of such report 9 to the interstate chemicals clearinghouse and may otherwise provide for 10 reciprocal data sharing with other states which require reporting of the 11 same information. 12 2. Waiver of reporting. Upon application by a manufacturer, the 13 commissioner may waive all or part of the reporting requirements under 14 subdivision one of this section for one or more specified uses of a 15 [dangerous] high-priority chemical. In making such determination, the 16 commissioner may consider: (a) if substantially equivalent information 17 is already publicly available or that the information is not needed for 18 the purposes of this chapter, (b) similar waivers granted by other 19 states, and (c) whether the specified use or uses are minor in volume. 20 3. [Notice. (a) A manufacturer of a children's product containing a21dangerous chemical shall notify persons that offer the children's prod-22uct for sale or distribution in the state, in a form prescribed by the23department, of the presence of such dangerous chemical, and provide such24persons with information regarding the toxicity of such chemical.25(b) The department shall notify consumers about children's products26containing chemicals of concern and dangerous chemicals. The notifica-27tion shall be published on the department's website.284.] Fees. The manufacturer shall pay a fee upon submission of a 29 report of chemical use pursuant to subdivision one of this section or a 30 waiver request pursuant to subdivision two of this section to cover the 31 department's reasonable costs in the administration and enforcement of 32 this title. Exclusive of fines and penalties, the state shall only 33 recover its actual cost of administration and enforcement. 34 § [37-0907.] 37-0909. Sales prohibition. 35 1. Effective January first, two thousand twenty-three, no person shall 36 distribute, sell or offer for sale in this state a children's product 37 [containing] in which tris (1, 3 dichloro-2-propyl) phosphate (CAS 38 13674-87-8), benzene (CAS 71-43-2), [formaldehyde (other than in39textiles)], or asbestos[, and organohalogen flame retardents] (CAS 40 1332-21-4) is intentionally added. This provision shall not apply: (a) 41 to a children's product solely based on its containing an enclosed 42 battery or enclosed electronic components [and]; (b) where state regu- 43 lation of children's products is preempted by federal law; (c) where the 44 chemical is present as a trace contaminant; or (d) to an inaccessible 45 component of a children's product that during reasonable, foreseeable 46 use and abuse of the product would not come into direct contact with a 47 child's skin or mouth, as determined by the department. The commissioner 48 may exempt a children's product from this prohibition if, in the commis- 49 sioner's judgment, the lack of availability of the children's product 50 could pose an unreasonable risk to public health, safety or welfare. 51 2. [Effective three years after being added to the dangerous chemicals52list, no person shall distribute, sell, or offer for sale in this state53a children's product that contains a chemical added to the dangerous54chemicals list pursuant to section 37-0903 of this title] (a) To the 55 extent allowed by federal law, the department may, by regulation, 56 prohibit the distribution, sale, or offer for sale in this state of aS. 7505--B 98 A. 9505--B 1 children's product that contains a chemical added to the high-priority 2 chemicals list pursuant to section 37-0905 of this title, or a chemical 3 recommended for prohibition by the children's product safety council 4 pursuant to paragraph (b) of subdivision five of section 37-0911 of this 5 title. 6 (b) In developing rules to prohibit a chemical pursuant to this subdi- 7 vision, the department shall rely on credible scientific evidence and 8 consider information relevant to the hazards based on the quantitative 9 extent of potential exposures to the chemical under its intended or 10 reasonably anticipated conditions of use. 11 § 37-0911. Children's product safety council; established. 1. There 12 shall be established, within the department, the children's product 13 safety council. Such council shall be composed of ten members as 14 follows: 15 (a) the commissioner, or the commissioner's designee, who shall be the 16 chair of the council; 17 (b) the commissioner of health or his or her designee; 18 (c) a designee of the commissioner with expertise in epidemiology, 19 toxicology or health risk assessment; 20 (d) a designee of the commissioner of health with expertise in epide- 21 miology, toxicology or health risk assessment; and 22 (e) six members appointed by the governor, two of whom shall be recom- 23 mended by the temporary president of the senate, and two by the speaker 24 of the assembly. 25 2. (a) Of the four members appointed to the children's product safety 26 council and recommended by the temporary president of the senate and the 27 speaker of the assembly, the temporary president of the senate and the 28 speaker of the assembly shall each recommend: 29 (i) one member who has expertise in pediatrics; and 30 (ii) one member who has a background or expertise in toxicology or 31 health risk assessment. 32 (b) Of the two additional members appointed to the children's product 33 safety council, the governor shall appoint members who have a background 34 in environmental health and safety, risk assessment or medicine. 35 (c) The members of such council appointed pursuant to paragraph (e) of 36 subdivision one of this section shall serve terms of two years. 37 (d) The members appointed pursuant to paragraph (e) of subdivision one 38 of this section shall each serve his or her term of office or until his 39 or her successor is appointed; provided that any vacancy in the position 40 of an appointed member shall be filled in the same manner as the 41 original appointment and only for the unexpired term of the vacancy. 42 3. The members of the children's product safety council shall receive 43 no compensation for their services, but shall be allowed their actual 44 and necessary expenses incurred in the performance of their duties 45 pursuant to this title. 46 4. The children's product safety council shall meet at such times and 47 places as may be determined by its chair. The council shall meet at a 48 minimum of two times per year. All meetings shall be open to the public 49 pursuant to article seven of the public officers law. A majority of the 50 members of such council shall constitute a quorum for the transaction of 51 business. Action may be taken, and motions and resolutions adopted, at 52 any meeting by the affirmative vote of a majority of the full membership 53 of the council. 54 5. (a) The council shall make recommendations to the department relat- 55 ing to those chemicals, which the department may list as high-priority 56 chemicals pursuant to section 37-0905 of this title. The council shallS. 7505--B 99 A. 9505--B 1 provide the department with its first list of recommended high-priority 2 chemicals no later than one year from the initial meeting of the coun- 3 cil, and the council shall update the list annually thereafter. In 4 determining what chemicals shall be recommended as high-priority chemi- 5 cals the council shall, at a minimum, consider the criteria of paragraph 6 (b) of subdivision two of section 37-0905 of this title; 7 (b) The council shall make recommendations to the department relating 8 to those chemicals which should be prohibited by the department pursuant 9 to subdivision two of section 37-0909 of this title. 10 (i) In determining what chemicals shall be recommended for prohibi- 11 tion, the council shall, at a minimum, consider those chemicals listed 12 as high-priority chemicals pursuant to section 37-0905 of this title. 13 (ii) The council shall provide the department with its first list of 14 such chemicals no later than two years from the initial meeting of the 15 council. The council shall update the list, including a review of the 16 chemicals listed as high-priority chemicals pursuant to section 37-0905 17 of this title, annually thereafter. 18 6. The children's product safety council shall be entitled to request 19 and receive information from any state, municipal department, board, 20 commission or agency that may be required or are deemed necessary for 21 the purposes of such council. 22 7. Before the council advances any recommendation to the department, 23 the council shall provide an opportunity for public and stakeholder 24 comments. Final recommendations of the council shall be posted on the 25 department's website within thirty days after the council adopts such 26 recommendations. 27 [This provision shall not apply: (a) to a children's product solely28based on its containing an enclosed battery or enclosed electronic29components and (b) where state regulation of children's products is30preempted by federal law. The commissioner may exempt a children's31product from this prohibition if, in the commissioner's judgment, the32lack of availability of the children's product could pose an unreason-33able risk to public health, safety or welfare.34§ 37-0909. Applicability.351. New children's products. The provisions of this title shall apply36to chemicals in children's products sold or distributed as new and does37not apply to used children's products that are sold or distributed for38free at secondhand stores, yard sales, on the internet or donated to39charities.402. Industry. The requirements of this title shall not apply to priori-41ty chemicals used in or for industry or manufacturing, including chemi-42cals processed or otherwise used in or for industrial or manufacturing43processes and not included in the final product.443. Transportation. The requirements of this title shall not apply to45motor vehicles or their component parts, watercraft or their component46parts, all terrain vehicles or their component parts, or off-highway47motorcycles or their component parts, except that the use of dangerous48chemicals in detachable car seats is not exempt.494. Combustion. The requirements of this title shall not apply to50dangerous chemicals generated solely as combustion by-products or that51are present in combustible fuels.525. Exceptions. The requirements of this title shall not apply to chil-53dren's product makers that employ five persons or fewer, and are inde-54pendently owned and operated.556. Retailers. A retailer is exempt from the requirements of this title56unless that retailer knowingly sells a children's product containing aS. 7505--B 100 A. 9505--B 1dangerous chemical after the effective date of its prohibition for which2that retailer has received notification pursuant to subdivision three of3section 37-0905 of this title.] § 37-0913. Notice to retailers and the 4 public. 5 1. A manufacturer of a children's product containing a high-priority 6 chemical shall notify persons that offer the children's product for sale 7 or distribution in the state, in a form prescribed by the department, of 8 the use of such high-priority chemical and provide such persons with 9 information regarding the toxicity of such chemical, except that this 10 subdivision shall apply to trace contaminants in a manner consistent 11 with section 37-0907 of this title. 12 2. The department shall provide information to the public about chil- 13 dren's products containing chemicals of concern or high priority chemi- 14 cals by posting such information as reported by the manufacturers on the 15 department's website, provided however, that the department shall not be 16 held liable for the accuracy of a manufacturer's report. 17 § [37-0911.] 37-0915. Enforcement and implementation. 18 1. Failure to provide notice. A children's product containing a 19 [dangerous] high-priority chemical may not be sold, offered for sale or 20 distributed for sale in this state unless the manufacturer has provided 21 [the notification] a report to the department required under section 22 [37-0905] 37-0907 of this title by the date required in such section. 23 The commissioner may exempt a children's product from this prohibition 24 if, in the commissioner's judgment, the lack of availability of the 25 children's product could pose an unreasonable risk to public health, 26 safety or welfare. 27 2. Statement of compliance. [If there are grounds to suspect that a28children's product is being offered for sale in violation of this title,29the] The department may request the manufacturer of the children's prod- 30 uct to provide a statement of compliance on a form provided by the 31 department, within [ten] fifteen days of receipt of a request from the 32 department. The statement of compliance shall: 33 (a) attest that the children's product does not contain the [danger-34ous] high-priority chemical; or 35 (b) attest [and provide the department with documentation] that 36 notification [of the presence of the dangerous chemical has been37provided to the department or provide notice as required by section3837-0905 of this title] required by section 37-0913 of this title has 39 been provided; [or] 40 (c) attest that the manufacturer has notified persons who sell the 41 product in this state that the sale of the children's product is prohib- 42 ited; 43 (d) attest that the presence of a high-priority chemical is only as a 44 trace contaminant; or 45 (e) attest that the chemical prohibited pursuant to subdivision two of 46 section 37-0909 of this title is only present in an inaccessible compo- 47 nent of the children's product. 48 § [37-0913.] 37-0917. Regulations. 49 The department may adopt any rules and regulations it deems necessary 50 to implement the provisions of this title. 51 § 2. This act shall take effect on the same date and in the same 52 manner as a chapter of the laws of 2019 amending the environmental 53 conservation law relating to regulation of toxic chemicals in children's 54 products, as proposed in legislative bills numbers S. 501-B and A. 55 6296-A, takes effect.S. 7505--B 101 A. 9505--B 1 SUBPART BB 2 Section 1. Section 58.10 of the local finance law, as added by chapter 3 643 of the laws of 2019, is amended to read as follows: 4 § 58.10 Electronic open auction public bond sale pilot program. a. As 5 used in this section: 6 1. "Municipality" means a county with a population of four hundred 7 thousand or more, or a city or town with a population of one hundred 8 thousand or more that has issued at least twenty-five million dollars in 9 bonds within at least one of the preceding three years. 10 2. "Nationally recognized electronic securities bidding service" means 11 a bidding service that is approved by the [state comptroller] super- 12 intendent pursuant to subdivision b of this section. 13 3. "Open auction" means a bond sale procedure that allows a bidder to 14 receive information with respect to the ranking of its bids prior to the 15 conclusion of the bidding period in accordance with the municipality's 16 notice of such bond sale circulated in accordance with applicable 17 requirements of this chapter. 18 4. "Program" means the electronic open auction public bond sale pilot 19 program established pursuant to this section. 20 5. "Superintendent" means the superintendent of financial services. 21 b. 1. There is hereby established an electronic open auction bond sale 22 pilot program authorizing municipalities to conduct open auction public 23 bond sales through any nationally recognized electronic securities 24 bidding service approved by the [state comptroller] superintendent. 25 Nationally recognized electronic securities bidding services desiring to 26 operate an electronic open auction shall apply to the [state comp-27troller] superintendent for authorization to do so by filing an applica- 28 tion with the [state comptroller] superintendent. The [state comp-29troller] superintendent shall make available an application form that 30 provides the [state comptroller] superintendent with information regard- 31 ing the technology and security practices maintained by the nationally 32 recognized electronic securities bidding service, the requirements to be 33 established for bidding by bidders, the methods by which auction sales 34 are conducted, the experience of the nationally recognized electronic 35 securities bidding service in conducting electronic open auctions of 36 bonds, and other information the [state comptroller] superintendent may 37 deem relevant. 38 2. If the [state comptroller] superintendent determines that the 39 requirements and conditions of the open auction are in accordance with 40 the provisions of this chapter and the bidding service provides a 41 secure, open and competitive opportunity for qualified bidders to submit 42 proposals, the application shall be deemed approved. 43 3. The [state comptroller] superintendent shall post information 44 regarding the nationally recognized electronic securities bidding 45 services that have been approved for use by municipalities on the [state46comptroller] department of financial services website. 47 c. If the chief fiscal officer of the municipality has authorized the 48 receipt of bids in an electronic open auction format, such electronic 49 bids may be submitted in the form of open auctions conducted through a 50 nationally recognized electronic securities bidding service which entity 51 shall be deemed to be the designated receiving device pursuant to 52 section 58.00 of this title. Notice of any bond sale shall provide for 53 the manner in which the bidding period may be extended and the basis for 54 determination of the winning bidder.S. 7505--B 102 A. 9505--B 1 d. Notwithstanding the provisions of subdivision one of section three 2 hundred five of the state technology law, if the notice of sale for the 3 open auction public bond contains a provision that bids will only be 4 accepted electronically in the manner provided in such notice of sale, 5 the municipality shall not be required to accept non-electronic bids in 6 any form. 7 e. The municipality's chief fiscal officer shall administer the 8 program and shall publish its policies and procedures for the procure- 9 ment of nationally recognized electronic securities bidding services on 10 the municipality's internet website. Such policies and procedures shall 11 include policies to prevent fraud. Except as modified by this section, 12 the municipal program shall comply with this chapter and all other 13 applicable laws, rules and regulations related to the sale of bonds. 14 f. The municipality's chief fiscal officer shall review the electronic 15 open auction bidding process to ensure that the bond sale was completed 16 in a timely fashion; the sale was completed without errors; and the 17 process was favorable as compared to the method currently used by the 18 municipality. 19 g. The municipality shall conduct evaluations of the program annually 20 with a summary evaluation at the end of the two year program. The muni- 21 cipality shall submit the evaluations to the [state comptroller] super- 22 intendent, the temporary president of the senate and the speaker of the 23 assembly. Such report shall include, but not be limited to, any demon- 24 strated evidence that sale of public bonds using electronic open 25 auctions is comparable to the cost of issuing public bonds through the 26 current sealed bid process, the fees associated with nationally recog- 27 nized electronic securities bidding services, whether the use of elec- 28 tronic open auctions resulted in an increased number of bidders and 29 whether the process was favorable as compared to the method currently 30 used by the municipality. 31 § 2. This act shall take effect immediately; provided, that the amend- 32 ments to section 58.10 of the local finance law made by section one of 33 this act shall not affect the repeal of such section and shall be deemed 34 to repeal therewith. 35 SUBPART CC 36 Section 1. Section 2 of chapter 9 of the laws of 2020, relating to 37 allowing the commissioner of transportation to impound or immobilize 38 stretch limousines in certain situations, is amended to read as follows: 39 § 2. This act shall take effect [one year] on the ninetieth day after 40 it shall have become a law. Effective immediately, the addition, amend- 41 ment and/or repeal of any rule or regulation necessary for the implemen- 42 tation of this act on its effective date are authorized to be made and 43 completed on or before such effective date. 44 § 2. This act shall take effect immediately. 45 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 46 sion, section or part of this act shall be adjudged by any court of 47 competent jurisdiction to be invalid, such judgment shall not affect, 48 impair, or invalidate the remainder thereof, but shall be confined in 49 its operation to the clause, sentence, paragraph, subdivision, section 50 or part thereof directly involved in the controversy in which such judg- 51 ment shall have been rendered. It is hereby declared to be the intent of 52 the legislature that this act would have been enacted even if such 53 invalid provisions had not been included herein.S. 7505--B 103 A. 9505--B 1 § 3. This act shall take effect immediately provided, however, that 2 the applicable effective date of Subparts A through CC of this act shall 3 be as specifically set forth in the last section of such Subparts. 4 PART YY 5 Section 1. Subdivisions 1 and 2 of section 3656 of the public authori- 6 ties law, as amended by chapter 685 of the laws of 2003, are amended to 7 read as follows: 8 1. The authority shall have the power and is hereby authorized from 9 time to time to issue bonds in such principal amounts as it may deter- 10 mine to be necessary pursuant to section thirty-six hundred fifty-five 11 of this title to pay any financeable costs and to fund reserves to 12 secure such bonds, including incidental expenses in connection there- 13 with. Provided, however, [the aggregate principal amounts of such bonds14issued to pay the financeable costs described in paragraph (a) of subdi-15vision twelve of section thirty-six hundred fifty-one of this title16shall not exceed four hundred fifteen million dollars, excluding bonds,17notes, or other obligations issued to refund or otherwise repay bonds,18notes, or other obligations theretofore issued for such purposes.19Notwithstanding the foregoing limit on the amount of bonds that the20authority may issue to pay the financeable costs described in paragraph21(a) of subdivision twelve of section thirty-six hundred fifty-one of22this title, the authority shall have the power to issue up to an addi-23tional seven hundred ninety million dollars of bonds, excluding bonds,24notes, or other obligations issued to refund or otherwise repay bonds,25notes, or other obligations theretofore issued for such purpose, to pay26such costs if the county's indebtedness to be refunded, repaid or27restructured with the payment of such bonds was originally incurred by28the county to pay tax certiorari settlements or assignments of any kind29to which the county is a party. Provided further, the aggregate princi-30pal amounts of such bonds issued to pay the financeable costs described31in paragraph (c) of subdivision twelve of section thirty-six hundred32fifty-one of this title, which resulted from certiorari proceedings33commenced prior to June first, two thousand, shall not exceed four34hundred million dollars, excluding bonds, notes, or other obligations35issued to refund or otherwise repay bonds, notes, or other obligations36theretofore issued for such purposes. And, provided further,] the aggre- 37 gate principal amounts of such bonds issued to pay the financeable coun- 38 ty costs described in paragraph (c) of subdivision twelve of section 39 thirty-six hundred fifty-one of this title, which resulted from certior- 40 ari proceedings commenced on or after June first, two thousand, shall 41 not exceed [four] eight hundred million dollars in the aggregate [for42the fiscal years two thousand through two thousand seven, however, of43said four hundred million dollars only fifteen million dollars may be44issued in the fiscal year two thousand six and ten million dollars may45be issued in the fiscal year two thousand seven], excluding bonds, 46 notes, or other obligations issued to refund or otherwise repay bonds, 47 notes, or other obligations theretofore issued for such purposes. Effec- 48 tive in the year two thousand six, upon request of the county, the 49 authority shall issue, in the amount requested, bonds to pay tax 50 certiorari settlements or judgments of any kind to which the county is a 51 party, not to exceed fifteen million dollars; and effective in the year 52 two thousand seven, upon request of the county, the authority shall 53 issue, in the amount requested, bonds to pay tax certiorari settlements 54 or judgments of any kind to which the county is a party, not to exceedS. 7505--B 104 A. 9505--B 1 ten million dollars. Whenever this title establishes a limit on the 2 principal amount of bonds that the authority is authorized to issue, 3 there shall not be counted against such limit (i) amounts determined by 4 the authority as reasonable to be used to pay the cost of issuing such 5 bonds, (ii) the amount of bonds that would constitute interest under the 6 Internal Revenue Code of 1986, as amended, and (iii) amounts determined 7 by the authority as necessary to establish any reserves. 8 The authority shall have the power from time to time to refund any 9 bonds of the authority by the issuance of new bonds, whether the bonds 10 to be refunded have or have not matured, and may issue bonds partly to 11 refund bonds of the authority then outstanding and partly to pay the 12 financeable costs pursuant to section thirty-six hundred fifty-five of 13 this title. Bonds issued by the authority shall be payable solely out of 14 particular revenues or other moneys of the authority as may be desig- 15 nated in the proceedings of the authority under which the bonds shall be 16 authorized to be issued, subject to any agreements entered into between 17 the authority and the county, and subject to any agreements with the 18 holders of outstanding bonds pledging any particular revenues or moneys; 19 but in no event shall transitional state aid be pledged as security for 20 or be made available for the payment of bonds. 21 2. The authority is authorized to issue its bonds for a period ending 22 not later than December thirty-first, two thousand [seven] twenty-one. 23 The authority may issue bonds to refund bonds previously issued without 24 regard to the limitation in the first sentence of this subdivision, but 25 in no event shall any bonds of the authority finally mature later than 26 January thirty-first, two thousand [thirty-six] fifty-one. Notwithstand- 27 ing any other provision of law, no bond of the authority shall mature 28 more than thirty years from the date of its issue. 29 § 2. Severability. If any provision of this act or if any application 30 thereof to any person or circumstances is held invalid, the remainder of 31 this act and the application of the provision to the other person and 32 circumstances shall not be affected thereby. 33 § 3. This act shall take effect immediately. 34 PART ZZ 35 Section 1. Subdivision 1 of paragraph b of section 33.10 of the local 36 finance law is REPEALED. 37 § 2. This act shall take effect immediately. 38 PART AAA 39 Section 1. Section 3-110 of the election law, as amended by section 1 40 of part YY of chapter 55 of the laws of 2019, is amended to read as 41 follows: 42 § 3-110. Time allowed employees to vote. 1. [A] If a registered voter 43 does not have sufficient time outside of his or her scheduled working 44 hours, within which to vote on any day at which he or she may vote, at 45 any election, he or she may, without loss of pay for up to [three] two 46 hours, take off so much working time as will, when added to his or her 47 voting time outside his or her working hours, enable him or her to vote 48 [at any election]. 49 2. [The employee] If an employee has four consecutive hours either 50 between the opening of the polls and the beginning of his or her work- 51 ing shift, or between the end of his or her working shift and the clos- 52 ing of the polls, he or she shall be deemed to have sufficient timeS. 7505--B 105 A. 9505--B 1 outside his or her working hours within which to vote. If he or she has 2 less than four consecutive hours he or she may take off so much working 3 time as will, when added to his or her voting time outside his or her 4 working hours enable him or her to vote, but not more than two hours of 5 which shall be without loss of pay, provided that he or she shall be 6 allowed time off for voting only at the beginning or end of his or her 7 working shift, as the employer may designate, unless otherwise mutually 8 agreed. 9 3. If the employee requires working time off to vote the employee 10 shall notify his or her employer not more than ten nor less than two 11 working days before the day of the election that he or she requires time 12 off to vote in accordance with the provisions of this section. 13 4. Not less than ten working days before every election, every employ- 14 er shall post conspicuously in the place of work where it can be seen as 15 employees come or go to their place of work, a notice setting forth the 16 provisions of this section. Such notice shall be kept posted until the 17 close of the polls on election day. 18 § 2. This act shall take effect immediately. 19 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 20 sion, section or part of this act shall be adjudged by any court of 21 competent jurisdiction to be invalid, such judgement shall not affect, 22 impair, or invalidate the remainder thereof, but shall be confined in 23 its operation to the clause, sentence, paragraph, subdivision, section 24 or part thereof directly involved in the controversy in which such 25 judgement shall have been rendered. It is hereby declared to be the 26 intent of the legislature that this act would have been enacted even if 27 such invalid provisions had not been included herein. 28 § 3. This act shall take effect immediately provided, however, that 29 the applicable effective date of Parts A through AAA of this act shall 30 be as specifically set forth in the last section of such Parts.