Bill Text: NY S08006 | 2021-2022 | General Assembly | Amended
Bill Title: Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2022-2023 state fiscal year; relates to school contracts for excellence; relates to foundation aid; provides for maintenance of equity aid; requires every local educational agency receiving funding from the elementary and secondary school emergency relief fund allocated by the American rescue plan act of 2021 to post on its website a plan by school year of how such funds will be expended; provides for building aid regarding the New York state energy research and development authority P-12 schools clean green schools initiative; relates to transportation contract penalties; modifies the length of school sessions; relates to academic enhancement aid; relates to supplemental public excess cost aid; relates to high tax aid; extends the statewide universal full-day pre-kindergarten program; relates to universal prekindergarten expansions; relates to the lunch meal state subsidy; relates to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets; relates to conditional appointment of school district, charter school or BOCES employees; relates to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school; relates to the implementation of the No Child Left Behind Act of 2001; extends authorization of the Roosevelt union free school district to finance deficits by the issuance of serial bonds; relates to contracts for the transportation of school children; provides for school bus driver training grants; provides for special apportionment for salary expenses; provides for special apportionment for public pension accruals; permits the city school district of the city of Rochester to make certain purchases from the board of cooperative educational services of the supervisory district serving its geographic region and extends such provisions; extends certain provisions relating to state aid to school districts and the appropriation of funds for the support of government; provides for set-asides from the state funds which certain districts are receiving from the total foundation aid; provides for support of public libraries (Part A); relates to implementing zero-emission school buses in school districts (Subpart A); creates a zero-emission bus roadmap to identify actions needed to meet fleet sales and conversion targets (Subpart B) (Part B); relates to state appropriations for reimbursement of tuition credits (Part D); expands the part-time tuition assistance program awards to include certain workforce credential programs (Part E); relates to eligibility and conditions for tuition assistance program awards (Part F); sets tuition rates charged by institutions for recipients of an excelsior scholarship (Part G); includes certain apprenticeships as eligible for the New York state college choice tuition savings program (Part H); relates to eligibility for child care assistance (Part L); extends the effectiveness of provisions relating to restructuring financing for residential school placements (Part M); extends certain funding for children and family services (Part N); provides that reimbursement for costs of social services districts for care provided to foster children in institutions, group residences, group homes, and agency operated boarding homes shall not be diminished (Part O); increases funding for the costs of maintenance and operation of certain local veterans' service agencies (Part R); increases the standards of monthly need for aged, blind and disabled persons (Part S); extends the authorization of the commissioner of social services with regards to the appointment of a temporary operator (Part T); relates to timeframes for determinations and adjustment criteria for public benefits recipients (Part U); utilizes reserves in the mortgage insurance fund for various housing purposes (Part Z); relates to providing language translation services (Part GG); waives approval and income limitations on retirees employed in a school district or a board of cooperative educational services (Part HH); extends the initial effectiveness of certain provisions relating to weekly employment insurance benefits for workers who are partially unemployed (Part JJ); directs the office of temporary disability assistance to conduct a public outreach program informing the public about the availability of existing and new utility assistance programs (Part KK); relates to the savings plan demonstration project in the city of New York; extends the effectiveness of certain provisions of law relating to such project (Part LL); relates to mortgage repayment liens for public assistance beneficiaries (Part MM); requires the state university of New York and the city university of New York to report on the hiring of faculty pursuant to any state funding appropriated for such purposes (Part NN); removes the existing two million dollar limit on the total annual cost of the Senator Patricia K. McGee nursing faculty scholarship program; removes the limit on the number of awards that may be given for the New York state young farmers loan forgiveness incentive program (Part OO); establishes the veterans' services law and the department of veterans' services; replaces all instances of the term "division of veterans services" with the term "department of veterans' services"; makes related conforming technical changes; repeals provisions relating to veterans' services and certain awards and medals (Part PP); creates a commission on ethics and lobbying in government (Part QQ); relates to gaming facility determinations and licensing (Part RR); enacts reforms related to public service performed during the COVID-19 pandemic; provides for the rate of member contributions between April 1, 2022 and April 1, 2024 (Part SS); relates to providing for reforms to Tier 5 and Tier 6 of the retirement system regarding vesting and eligibility for service retirement benefits (Part TT); relates to criminal justice reform; reduces the number of firearms sold as an element of criminal sale in the first and second degrees; provides that possession of three of more firearms is presumptive evidence of intent to sell (Subpart A); relates to appearance tickets issued to certain persons (Subpart B); relates to certain information the court must consider and take into account for securing an order (Subpart C); relates to certificates of compliance within the discovery process and remedies for failure to comply with a discovery order (Subpart D); relates to the statute of limitations and jurisdiction for juvenile delinquency proceedings; provides for community based treatment referrals (Subpart E); relates to release for mental health assessment and evaluation and involuntary commitment pending release (Subpart F); relates to certain reports for pre-trial release and detention; requires such reports to contain information relating to whether the people requested that the court fix bail, the amount and form of bail requested by the people, the court's ruling on such request, the form of bail set by the court and the court's stated reason for such ruling (Subpart G); extends Kendra's law; relates to assisted outpatient treatment orders (Subpart H) (Part UU); enacts the private activity bond allocation act of 2022 (Part VV); permits videoconferencing and remote participation in public meetings under certain circumstances (Part WW); relates to the minimum wage of home care aides (Part XX); confirms the intention of the legislature that certain provisions related to the Bills stadium are public and governmental purposes of the county of Erie for which real property tax exemption shall be allowed; provides a prohibition on relocation (Part YY); provides for health care and mental health care workers bonuses (Part ZZ); expands Medicaid eligibility for seniors and disabled individuals; expands Medicaid savings program eligibility (Part AAA); permits the commissioner of health to submit a waiver that expands eligibility for New York's basic health program and increases the federal poverty limit cap for basic health program eligibility from two hundred to two hundred fifty percent; allows pregnant individuals to be eligible for the basic health program and maintain coverage in the basic health program for one year post pregnancy and to deem a child born to an individual covered under the basic health program to be eligible for medical assistance; relates to cost-sharing obligations for certain services and supports; provides for the repeal of certain provisions upon the expiration thereof (Part BBB); includes expanded pre-natal and post-partum care as standard coverage when recommended by a physician or other health care practitioner (Part CCC); relates to the Child Health Plus Program and the Child Health Plus rate setting authority (Part DDD); extends provisions of law relating to discovery compensation; relates to monies allocated to the chief administrator of the courts and the division of criminal justice services for the purpose of completing certain reports (Part EEE); provides for the administration of certain funds and accounts related to the 2022-2023 budget, authorizing certain payments and transfers (Part FFF).
Spectrum: Committee Bill
Status: (Passed) 2022-04-09 - SIGNED CHAP.56 [S08006 Detail]
Download: New_York-2021-S08006-Amended.html
STATE OF NEW YORK ________________________________________________________________________ S. 8006--C A. 9006--C SENATE - ASSEMBLY January 19, 2022 ___________ 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 -- 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 -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to school contracts for excellence; to amend the education law, in relation to foundation aid; to amend the education law, in relation to maintenance of equity aid; to amend chapter 56 of the laws of 2021, relating to funding from the elementary and secondary school emergency relief fund allocated by the American rescue plan act of 2021, in relation to every local educa- tional agency receiving funding from the elementary and secondary school emergency relief fund allocated by the American rescue plan act of 2021 shall be required to post on its website a plan by school year of how such funds will be expended; to amend the education law, in relation to building aid and the New York state energy research and development authority P-12 schools clean green schools initiative; to amend the education law, in relation to building aid final cost report penalties; transportation contract penalties; to amend the education law, in relation to modifying the length of school sessions; to amend the education law, in relation to supplemental public excess cost aid; to amend the education law, in relation to academic enhancement aid; to amend the education law, in relation to high tax aid; to amend the education law, in relation to extending the state education depart- ment's authority to administer the statewide universal full-day pre- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12672-05-2S. 8006--C 2 A. 9006--C kindergarten program; to amend the education law, in relation to universal prekindergarten expansions; to amend chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to reimbursement for the 2022-2023 school year, withholding a portion of employment preparation education aid and in relation to the effectiveness thereof; to amend chapter 537 of the laws of 1976, relating to paid, free and reduced price breakfast for eligible pupils in certain school districts, in relation to lunch meal state subsidy; to amend chapter 169 of the laws of 1994, relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets, in relation to the effec- tiveness thereof; to amend chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, in relation to the effec- tiveness thereof; to amend chapter 425 of the laws of 2002, amending the education law relating to the provision of supplemental educa- tional services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, in relation to making certain provisions thereof permanent; to amend the No Child Left Behind Act of 2001, in relation to making the provisions thereof permanent; to amend chapter 552 of the laws of 1995, amending the education law relating to contracts for the transportation of school children, in relation to the effectiveness thereof; providing for school bus driver training grants; providing for special appor- tionment for salary expenses; providing for special apportionment for public pension accruals; to amend chapter 121 of the laws of 1996, relating to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, in relation to extending the school years to which apportionment for salary expenses apply; to amend the education law, in relation to permitting the city school district of the city of Rochester to make certain purchases from the board of cooperative educational services of the supervisory district serving its geographic region; to amend chapter 82 of the laws of 1995, amending the education law and certain other laws relat- ing to state aid to school districts and the appropriation of funds for the support of government, in relation to the effectiveness there- of; providing for set-asides from the state funds which certain districts are receiving from the total foundation aid; providing for support of public libraries; and providing for the repeal of certain provisions upon expiration thereof (Part A); to amend the education law and the local finance law, in relation to zero-emission school buses (Subpart A); to amend the public authorities law, in relation to the creation of a zero-emission bus roadmap (Subpart B)(Part B); intentionally omitted (Part C); to amend the education law, in relation to state appropriations for reimbursement of tuition credits (Part D); to amend the education law, in relation to the expansion of the part-time tuition assistance program (Part E); to amend the educa- tion law, in relation to eligibility requirements and conditions for tuition assistance program awards; and to repeal certain provisions of the education law relating to the ban on incarcerated individuals to be eligible to receive state aid (Part F); to amend the education law, in relation to setting tuition rates charged for recipients of the excelsior scholarship (Part G); to amend the education law, in relation to including certain apprenticeships in the definition of "eligible educational institution" for the New York state collegeS. 8006--C 3 A. 9006--C choice tuition savings program (Part H); intentionally omitted (Part I); intentionally omitted (Part J); intentionally omitted (Part K); to amend the social services law, in relation to child care assistance (Part L); to amend part N of chapter 56 of the laws of 2020, amending the social services law relating to restructuring financing for resi- dential school placements, in relation to the effectiveness thereof (Part M); to amend part C of chapter 83 of the laws of 2002, amending the executive law and other laws relating to funding for children and family services, in relation to extending the effectiveness thereof (Part N); to amend the social services law, in relation to reimburse- ment for a portion of the costs of social services districts for care provided to foster children in institutions, group residences, group homes, and agency operated boarding homes (Part O); intentionally omitted (Part P); intentionally omitted (Part Q); to amend the execu- tive law, in relation to increasing the amount of reimbursement the division of veterans' affairs shall provide to local veterans' service agencies for the cost of maintenance of such agencies (Part R); to amend the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part S); to amend part W of chapter 54 of the laws of 2016 amending the social services law relating to the powers and duties of the commissioner of social services relating to the appointment of a temporary operator, in relation to the effectiveness thereof (Part T); to amend the social services law, in relation to the public benefits and requirements; and to repeal certain provisions of such law relat- ing thereto (Part U); intentionally omitted (Part V); intentionally omitted (Part W); intentionally omitted (Part X); intentionally omit- ted (Part Y); to utilize reserves in the mortgage insurance fund for various housing purposes (Part Z); intentionally omitted (Part AA); intentionally omitted (Part BB); intentionally omitted (Part CC); intentionally omitted (Part DD); intentionally omitted (Part EE); intentionally omitted (Part FF); to amend the executive law, in relation to the state's language access policy (Part GG); to amend the retirement and social security law, in relation to waiving approval and income limitations on retirees employed in school districts and board of cooperative educational services; and providing for the repeal of such provisions upon expiration thereof (Part HH); inten- tionally omitted (Part II); to amend chapter 277 of the laws of 2021 amending the labor law relating to the calculation of weekly employ- ment insurance benefits for workers who are partially unemployed, in relation to the effectiveness thereof (Part JJ); directing the office of temporary and disability assistance to conduct a public outreach program regarding utilities assistance (Part KK); to amend the social services law, in relation to the savings plan demonstration project in the city of New York; and to amend part K of chapter 58 of the laws of 2010 amending the social services law relating to establishing the savings plan demonstration project, in relation to the effectiveness thereof (Part LL); to repeal section 106 of the social services law relating to mortgage repayment liens for public assistance benefici- aries (Part MM); requiring the state university of New York and the city university of New York to report on the hiring of faculty pursu- ant to any state funding appropriated for such purposes (Part NN); to amend the education law, in relation to removing the limit on the total annual costs of the Senator Patricia K. McGee nursing faculty scholarship program and relates to the number of awards that may be given under the New York state young farmers loan forgiveness incen-S. 8006--C 4 A. 9006--C tive program (Part OO); in relation to constituting chapter 13 of the consolidated laws establishing the veterans' services law and the department of veterans' services; to amend the domestic relations law, the education law, the election law, the environmental conservation law, the executive law, the general municipal law, the labor law, the mental hygiene law, the not-for-profit corporation law, the public health law, the social services law, the state finance law, the New York state defense emergency act, the administrative code of the city of New York, the New York city charter, the cannabis law, the state technology law, the county law, the economic development law, the correction law, the civil service law, the general business law, the general construction law, the highway law, the insurance law, the judiciary law, the military law, the public housing law, the public officers law, the private housing finance law, the real property tax law, the tax law, the town law, the vehicle and traffic law, and the workers' compensation law, in relation to replacing all instances of the term "division of veterans services" with the term "department of veterans' services" and making related conforming technical changes; and to repeal certain provisions of the executive law relating to veterans' services and of the military law relating to certain awards and medals (Part PP); to establish the "ethics commission reform act of 2022"; to amend the executive law, in relation to creating a commission on ethics and lobbying in government; to amend the legisla- tive law, the public officers law, and the executive law, in relation to making technical corrections thereto; and to repeal certain provisions of the executive law relating thereto (Part QQ); to amend the racing, pari-mutuel wagering and breeding law, in relation to gaming facility determinations and licensing (Part RR); to amend the retirement and social security law, in relation to enacting reforms related to public service performed during the COVID-19 pandemic (Part SS); to amend the retirement and social security law, in relation to providing reforms to Tier 5 and Tier 6 of the retirement system (Part TT); to amend the penal law, in relation to criminal sale of firearms (Subpart A); to amend the criminal procedure law, in relation to appearance tickets issued to certain persons (Subpart B); to amend the criminal procedure law, in relation to certain information the court must consider and take into account for securing an order (Subpart C); to amend the criminal procedure law, in relation to the failure to comply with a discovery order and certificates of compliance (Subpart D); to amend the family court act, in relation to the statute of limi- tations and jurisdiction for juvenile delinquency proceedings; and community based treatment referrals (Subpart E); and to amend the criminal procedure law, in relation to release for mental health assessment and evaluation and involuntary commitment pending release (Subpart F); and to amend the judiciary law and the executive law, in relation to certain reports on pretrial release and detention (Subpart G); to amend Kendra's law, in relation to extending the expiration thereof; and to amend the mental hygiene law, in relation to extending Kendra's law and assisted outpatient treatment (Subpart H) (Part UU); in relation to enacting the private activity bond allocation act of 2022; and providing for the repeal of certain provisions upon expira- tion thereof (Part VV); to amend the public officers law, in relation to permitting videoconferencing and remote participation in public meetings under certain circumstances; and providing for the repeal of such provisions upon expiration thereof (Part WW); to amend the public health law, in relation to the minimum wage of home care aides (PartS. 8006--C 5 A. 9006--C XX); to amend chapter 252 of the laws of 1968 relating to the construction and financing of a stadium by the county of Erie and authorizing, in aid of such financing, the leasing of such stadium and exemption from current funds requirements, in relation to confirming the intention of the legislature that the purposes mentioned therein are public and governmental purposes of the county of Erie for which exemption shall be allowed from real property taxation (Part YY); to amend the social services law, in relation to establishing the health care and mental hygiene worker bonuses (Part ZZ); to amend the social services law, in relation to expanding Medicaid eligibility require- ments for seniors and disabled individuals; and relating to expanding eligibility for the medicare savings program (Part AAA); to amend the public health law and the social services law, in relation to permit- ting the commissioner of health to submit a waiver that expands eligi- bility for New York's basic health program and increases the federal poverty limit cap for basic health program eligibility from two hundred to two hundred fifty percent; to amend the social services law, in relation to allowing pregnant individuals to be eligible for the basic health program and maintain coverage in the basic health program for one year post pregnancy and to deem a child born to an individual covered under the basic health program to be eligible for medical assistance; to amend the social services law, in relation to cost-sharing obligations for certain services and supports; and providing for the repeal of certain provisions upon the expiration thereof (Part BBB); to amend the social services law, in relation to including expanded pre-natal and post-partum care as standard coverage when determined to be necessary; and to repeal section 369-hh of the social services law (Part CCC); to amend the public health law, in relation to expanding benefits in the Child Health Plus Program, elim- inating the premium contribution for certain households and trans- ferring Child Health Plus rate setting authority from the Department of Financial Services to the Department of Health (Part DDD); to amend part E of chapter 55 of the laws of 2020, amending the state finance law relating to establishing the criminal justice discovery compen- sation fund; amending the criminal procedure law relating to monies recovered by county district attorneys before the filing of an accusa- tory instrument; and providing for the repeal of certain provisions upon expiration thereof, in relation to extending the effectiveness thereof; and to amend the judiciary law and the state finance law, in relation to monies allocated to the chief administrator of the courts and the division of criminal justice services for the purpose of completing certain reports (Part EEE); and to provide for the adminis- tration of certain funds and accounts related to the 2022-2023 budget, authorizing certain payments and transfers; to amend the state finance law, in relation to the administration of certain funds and accounts; to amend part D3 of chapter 62 of the laws of 2003 amending the gener- al business law and other laws relating to implementing the state fiscal plan for the 2003-2004 state fiscal year, in relation to the deposit provisions of the tobacco settlement financing corporation act; to amend part D of chapter 389 of the laws of 1997 relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issuance of certain bonds or notes; to amend chapter 81 of the laws of 2002 relat- ing to providing for the administration of certain funds and accounts related to the 2002-2003 budget, in relation to the issuance of certain bonds & notes; to amend part Y of chapter 61 of the laws ofS. 8006--C 6 A. 9006--C 2005, relating to providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to the issu- ance of certain bonds or notes; to amend the public authorities law, in relation to the issuance of certain bonds or notes; to amend the New York state medical care facilities finance agency act, in relation to the issuance of certain bonds or notes; to amend the New York state urban development corporation act, in relation to the issuance of certain bonds or notes; to amend chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the estab- lishment of the dedicated highway and bridge trust fund, in relation to the issuance of certain bonds or notes; to amend the public author- ities law, in relation to the issuance of certain bonds or notes; to amend the private housing finance law, in relation to housing program bonds and notes; to amend part D of chapter 63 of the laws of 2005, relating to the composition and responsibilities of the New York state higher education capital matching grant board, in relation to increasing the amount of authorized matching capital grants; to amend the New York state urban development corporation act, in relation to the nonprofit infrastructure capital investment program; to amend the New York state urban development corporation act, in relation to personal income tax notes for 2022, in relation to author- izing the dormitory authority of the state of New York and the urban development corporation to enter into line of credit facilities for 2022, and in relation to state-supported debt issued during the 2022 fiscal year; to amend the state finance law, in relation to payments of bonds; to amend the state finance law, in relation to the mental health services fund; to amend the state finance law, in relation to the issuance of revenue bonds; to amend the New York state urban development corporation act, in relation to permitting the dormitory authority, the New York state urban development corporation, and the thruway authority to issue bonds for the purpose of refunding obli- gations of the power authority of the state of New York to fund energy efficiency projects at state agencies; to repeal subdivisions 4 and 5 of section 16 of part T of chapter 57 of the laws of 2007, relating to providing for the administration of certain funds and accounts related to the 2007-2008 budget; and providing for the repeal of certain provisions upon expiration thereof (Part FFF) 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 education, labor, housing and family 3 assistance budget for the 2022-2023 state fiscal year. Each component is 4 wholly contained within a Part identified as Parts A through FFF. 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 AS. 8006--C 7 A. 9006--C 1 Section 1. Paragraph e of subdivision 1 of section 211-d of the educa- 2 tion law, as amended by section 1 of part A of chapter 56 of the laws of 3 2021, is amended to read as follows: 4 e. Notwithstanding paragraphs a and b of this subdivision, a school 5 district that submitted a contract for excellence for the two thousand 6 eight--two thousand nine school year shall submit a contract for excel- 7 lence for the two thousand nine--two thousand ten school year in 8 conformity with the requirements of subparagraph (vi) of paragraph a of 9 subdivision two of this section unless all schools in the district are 10 identified as in good standing and provided further that, a school 11 district that submitted a contract for excellence for the two thousand 12 nine--two thousand ten school year, unless all schools in the district 13 are identified as in good standing, shall submit a contract for excel- 14 lence for the two thousand eleven--two thousand twelve school year which 15 shall, notwithstanding the requirements of subparagraph (vi) of para- 16 graph a of subdivision two of this section, provide for the expenditure 17 of an amount which shall be not less than the product of the amount 18 approved by the commissioner in the contract for excellence for the two 19 thousand nine--two thousand ten school year, multiplied by the 20 district's gap elimination adjustment percentage and provided further 21 that, a school district that submitted a contract for excellence for the 22 two thousand eleven--two thousand twelve school year, unless all schools 23 in the district are identified as in good standing, shall submit a 24 contract for excellence for the two thousand twelve--two thousand thir- 25 teen school year which shall, notwithstanding the requirements of 26 subparagraph (vi) of paragraph a of subdivision two of this section, 27 provide for the expenditure of an amount which shall be not less than 28 the amount approved by the commissioner in the contract for excellence 29 for the two thousand eleven--two thousand twelve school year and 30 provided further that, a school district that submitted a contract for 31 excellence for the two thousand twelve--two thousand thirteen school 32 year, unless all schools in the district are identified as in good 33 standing, shall submit a contract for excellence for the two thousand 34 thirteen--two thousand fourteen school year which shall, notwithstanding 35 the requirements of subparagraph (vi) of paragraph a of subdivision two 36 of this section, provide for the expenditure of an amount which shall be 37 not less than the amount approved by the commissioner in the contract 38 for excellence for the two thousand twelve--two thousand thirteen school 39 year and provided further that, a school district that submitted a 40 contract for excellence for the two thousand thirteen--two thousand 41 fourteen school year, unless all schools in the district are identified 42 as in good standing, shall submit a contract for excellence for the two 43 thousand fourteen--two thousand fifteen school year which shall, 44 notwithstanding the requirements of subparagraph (vi) of paragraph a of 45 subdivision two of this section, provide for the expenditure of an 46 amount which shall be not less than the amount approved by the commis- 47 sioner in the contract for excellence for the two thousand thirteen--two 48 thousand fourteen school year; and provided further that, a school 49 district that submitted a contract for excellence for the two thousand 50 fourteen--two thousand fifteen school year, unless all schools in the 51 district are identified as in good standing, shall submit a contract for 52 excellence for the two thousand fifteen--two thousand sixteen school 53 year which shall, notwithstanding the requirements of subparagraph (vi) 54 of paragraph a of subdivision two of this section, provide for the 55 expenditure of an amount which shall be not less than the amount 56 approved by the commissioner in the contract for excellence for the twoS. 8006--C 8 A. 9006--C 1 thousand fourteen--two thousand fifteen school year; and provided 2 further that a school district that submitted a contract for excellence 3 for the two thousand fifteen--two thousand sixteen school year, unless 4 all schools in the district are identified as in good standing, shall 5 submit a contract for excellence for the two thousand sixteen--two thou- 6 sand seventeen school year which shall, notwithstanding the requirements 7 of subparagraph (vi) of paragraph a of subdivision two of this section, 8 provide for the expenditure of an amount which shall be not less than 9 the amount approved by the commissioner in the contract for excellence 10 for the two thousand fifteen--two thousand sixteen school year; and 11 provided further that, a school district that submitted a contract for 12 excellence for the two thousand sixteen--two thousand seventeen school 13 year, unless all schools in the district are identified as in good 14 standing, shall submit a contract for excellence for the two thousand 15 seventeen--two thousand eighteen school year which shall, notwithstand- 16 ing the requirements of subparagraph (vi) of paragraph a of subdivision 17 two of this section, provide for the expenditure of an amount which 18 shall be not less than the amount approved by the commissioner in the 19 contract for excellence for the two thousand sixteen--two thousand 20 seventeen school year; and provided further that a school district that 21 submitted a contract for excellence for the two thousand seventeen--two 22 thousand eighteen school year, unless all schools in the district are 23 identified as in good standing, shall submit a contract for excellence 24 for the two thousand eighteen--two thousand nineteen school year which 25 shall, notwithstanding the requirements of subparagraph (vi) of para- 26 graph a of subdivision two of this section, provide for the expenditure 27 of an amount which shall be not less than the amount approved by the 28 commissioner in the contract for excellence for the two thousand seven- 29 teen--two thousand eighteen school year; and provided further that, a 30 school district that submitted a contract for excellence for the two 31 thousand eighteen--two thousand nineteen school year, unless all schools 32 in the district are identified as in good standing, shall submit a 33 contract for excellence for the two thousand nineteen--two thousand 34 twenty school year which shall, notwithstanding the requirements of 35 subparagraph (vi) of paragraph a of subdivision two of this section, 36 provide for the expenditure of an amount which shall be not less than 37 the amount approved by the commissioner in the contract for excellence 38 for the two thousand eighteen--two thousand nineteen school year; and 39 provided further that, a school district that submitted a contract for 40 excellence for the two thousand nineteen--two thousand twenty school 41 year, unless all schools in the district are identified as in good 42 standing, shall submit a contract for excellence for the two thousand 43 twenty--two thousand twenty-one school year which shall, notwithstanding 44 the requirements of subparagraph (vi) of paragraph a of subdivision two 45 of this section, provide for the expenditure of an amount which shall be 46 not less than the amount approved by the commissioner in the contract 47 for excellence for the two thousand nineteen--two thousand twenty school 48 year; and provided further that, a school district that submitted a 49 contract for excellence for the two thousand twenty--two thousand twen- 50 ty-one school year, unless all schools in the district are identified as 51 in good standing, shall submit a contract for excellence for the two 52 thousand twenty-one--two thousand twenty-two school year which shall, 53 notwithstanding the requirements of subparagraph (vi) of paragraph a of 54 subdivision two of this section, provide for the expenditure of an 55 amount which shall be not less than the amount approved by the commis- 56 sioner in the contract for excellence for the two thousand twenty--twoS. 8006--C 9 A. 9006--C 1 thousand twenty-one school year; and provided further that, a school 2 district that submitted a contract for excellence for the two thousand 3 twenty-one--two thousand twenty-two school year, unless all schools in 4 the district are identified as in good standing, shall submit a contract 5 for excellence for the two thousand twenty-two--two thousand twenty- 6 three school year which shall, notwithstanding the requirements of 7 subparagraph (vi) of paragraph a of subdivision two of this section, 8 provide for the expenditure of an amount which shall be not less than 9 the amount approved by the commissioner in the contract for excellence 10 for the two thousand twenty-one--two thousand twenty-two school year. 11 For purposes of this paragraph, the "gap elimination adjustment percent- 12 age" shall be calculated as the sum of one minus the quotient of the sum 13 of the school district's net gap elimination adjustment for two thousand 14 ten--two thousand eleven computed pursuant to chapter fifty-three of the 15 laws of two thousand ten, making appropriations for the support of 16 government, plus the school district's gap elimination adjustment for 17 two thousand eleven--two thousand twelve as computed pursuant to chapter 18 fifty-three of the laws of two thousand eleven, making appropriations 19 for the support of the local assistance budget, including support for 20 general support for public schools, divided by the total aid for adjust- 21 ment computed pursuant to chapter fifty-three of the laws of two thou- 22 sand eleven, making appropriations for the local assistance budget, 23 including support for general support for public schools. Provided, 24 further, that such amount shall be expended to support and maintain 25 allowable programs and activities approved in the two thousand nine--two 26 thousand ten school year or to support new or expanded allowable 27 programs and activities in the current year. 28 § 2. Subdivision 4 of section 3602 of the education law is amended by 29 adding a new paragraph j to read as follows: 30 j. Foundation aid payable in the two thousand twenty-two--two thousand 31 twenty-three school year. Notwithstanding any provision of law to the 32 contrary, foundation aid payable in the two thousand twenty-two--two 33 thousand twenty-three school year shall be equal to the sum of the total 34 foundation aid base computed pursuant to paragraph j of subdivision one 35 of this section plus the greater of (a) the product of the phase-in 36 foundation increase factor as computed pursuant to subparagraph (ii) of 37 paragraph b of this subdivision multiplied by the positive difference, 38 if any, of (i) total foundation aid computed pursuant to paragraph a of 39 this subdivision less (ii) the total foundation aid base computed pursu- 40 ant to paragraph j of subdivision one of this section, or (b) the prod- 41 uct of three hundredths (0.03) multiplied by the total foundation aid 42 base computed pursuant to paragraph j of subdivision one of this 43 section. 44 § 3. Section 3602 of the education law is amended by adding a new 45 subdivision 4-a to read as follows: 46 4-a. Foundation Aid Maintenance of Equity Aid. 1. For purposes of 47 this subdivision the following terms shall be defined as follows: 48 a. "High-need LEAs" shall mean local educational agencies with (1) the 49 highest percentage of economically disadvantaged students as calculated 50 based on the most recent small area income and poverty estimates 51 provided by the United States census bureau and (2) the cumulative sum 52 of local educational agency enrollment for the base year is greater than 53 or equal to the product of five-tenths (0.5) and the statewide total of 54 such enrollment. 55 b. "Highest-poverty LEAs" shall mean local educational agencies with 56 (1) the highest percentage of economically disadvantaged students asS. 8006--C 10 A. 9006--C 1 calculated based on the most recent small area income and poverty esti- 2 mates provided by the United States census bureau and (2) the cumulative 3 sum of local educational agency enrollment for the base year is greater 4 than or equal to the product of two-tenths (0.2) and the statewide total 5 of such enrollment. 6 c. "Eligible districts" shall mean school districts defined as high- 7 need LEAs or highest-poverty LEAs in the current year which are subject 8 to the state level maintenance of equity requirement in the American 9 Rescue Plan Act of 2021, Section 2004, Part 1, Subtitle A, Title II, 10 (Public Law 117-2) for the current year. 11 d. "State funding" shall mean any apportionment provided pursuant to 12 sections seven hundred one, seven hundred eleven, seven hundred fifty- 13 one, and seven hundred fifty-three of this chapter plus apportionments 14 pursuant to subdivisions four, five-a, ten, twelve, and sixteen of this 15 section. 16 e. "Local Educational Agency Enrollment" shall mean the unduplicated 17 count of all children registered to receive educational services in 18 grades kindergarten through twelve, including children in ungraded 19 programs, as registered on the date prior to November first that is 20 specified by the commissioner as the enrollment reporting date, regis- 21 tered in a local educational agency as defined pursuant to section 7801 22 of title 20 of the United States Code. 23 2. Eligible districts shall receive an apportionment of foundation aid 24 maintenance of equity aid in the current year if the commissioner, in 25 consultation with the director of the budget, determines the district 26 would otherwise receive a reduction in state funding on a per pupil 27 basis inconsistent with the federal state level maintenance of equity 28 requirement. This apportionment shall be equal to the amount necessary 29 to ensure compliance with the federal state level maintenance of equity 30 requirement. This apportionment shall be paid in the current year 31 pursuant to section thirty-six hundred nine-a of this part. 32 § 4. Clause (ii) of paragraph j of subdivision 1 of section 3602 of 33 the education law, as amended by section 11 of part B of chapter 57 of 34 the laws of 2007, is amended to read as follows: 35 (ii) For aid payable in the two thousand eight--two thousand nine 36 school year and thereafter, the total foundation aid base shall equal 37 the total amount a district was eligible to receive in the base year 38 pursuant to subdivision four of this section plus foundation aid mainte- 39 nance of equity aid pursuant to subdivision four-a of this section. 40 § 5. Section 3602-b of the education law is amended by adding a new 41 subdivision 3 to read as follows: 42 3. a. In addition to apportionments calculated pursuant to subdivi- 43 sions one and two of this section, each school district employing fewer 44 than eight teachers defined as eligible pursuant to paragraph one of 45 subdivision four-a of section thirty-six hundred two of this part shall 46 receive an additional apportionment of public money in the current year 47 if the commissioner, in consultation with the director of the budget, 48 determines the district would otherwise receive a reduction in state 49 funding, as defined in subparagraph d of paragraph one of subdivision 50 four-a of section thirty-six hundred two of this part, on a per pupil 51 basis inconsistent with the federal state level maintenance of equity 52 requirement. 53 b. The maintenance of equity aid shall be equal to the amount neces- 54 sary to ensure compliance with the federal state level maintenance of 55 equity requirement in the American Rescue Plan Act of 2021, SectionS. 8006--C 11 A. 9006--C 1 2004, Part 1, Subtitle A, Title II, (Public Law 117-2) for the current 2 year. 3 § 5-a. Section 9-a of part A of chapter 56 of the laws of 2021, relat- 4 ing to funding from the elementary and secondary school emergency relief 5 fund allocated by the American rescue plan act of 2021, is amended to 6 read as follows: 7 § 9-a. (1) On or before July 1, 2021, every local educational agency 8 receiving funding from the elementary and secondary school emergency 9 relief fund allocated by the American rescue plan act of 2021 shall be 10 required to post on its website a plan by school year of how such funds 11 will be expended and how the local educational agency will prioritize 12 spending on non-recurring expenses in the areas of: safely returning 13 students to in-person instruction; maximizing in-person instruction 14 time; operating schools and meeting the needs of students; purchasing 15 educational technology; addressing the impacts of the COVID-19 pandemic 16 on students, including the impacts of interrupted instruction and learn- 17 ing loss and the impacts on low-income students, children with disabili- 18 ties, English language learners, and students experiencing homelessness; 19 implementing evidence-based strategies to meet students' social, 20 emotional, mental health, and academic needs; offering evidence-based 21 summer, afterschool, and other extended learning and enrichment 22 programs; and supporting early childhood education. Provided further, 23 that local educational agencies shall identify any programs utilizing 24 such funding that are expected to continue beyond the availability of 25 such federal funds and identify local funds that will be used to main- 26 tain such programs in order to minimize disruption to core academic and 27 other school programs. Before posting such plan, the local educational 28 agency shall seek public comment from parents, teachers and other stake- 29 holders on the plan and take such comments into account in the develop- 30 ment of the plan. 31 (2) On or before July 1, 2022, every local educational agency receiv- 32 ing funding from the elementary and secondary school emergency relief 33 fund allocated by the American rescue plan act of 2021 shall be required 34 to post on its website an updated plan as described in subdivision one 35 of this section. This updated plan shall include an analysis of public 36 comments, goals and ratios for pupil support, detailed summaries of 37 investments in current year initiatives, and balance funds spent in 38 priority areas. The local educational agency shall submit such plan to 39 the state education department in a form prescribed by the department, 40 and the department shall post all of the collected plans on its website. 41 § 5-b. Section 10-d of part A of chapter 56 of the laws of 2021, 42 relating to funding from the elementary and secondary school emergency 43 relief fund allocated by the American rescue plan act of 2021, is 44 amended to read as follows: 45 § 10-d. For the 2021-22, 2022-23 and 2023-24 school years, each school 46 district receiving a foundation aid increase of more than: (i) ten 47 percent; or (ii) ten million dollars in a school year shall, on or 48 before July 1 of each school year, post to the district's website a plan 49 by school year of how such funds will be used to address student 50 performance and need, including but not limited to: (i) increasing grad- 51 uation rates and eliminating the achievement gap; (ii) reducing class 52 sizes; (iii) providing supports for students who are not meeting, or at 53 risk of not meeting, state learning standards in core academic subject 54 areas; (iv) addressing student social-emotional health; [and] (v) 55 providing adequate resources to English language learners, students with 56 disabilities; and students experiencing homelessness; (vi) goals andS. 8006--C 12 A. 9006--C 1 ratios for pupil support; and (vii) detailed summaries of investments in 2 current year initiatives and balance funds spent in priority areas. 3 Prior to posting such plan, each school district shall seek public 4 comment from parents, teachers and other stakeholders on the plan [and], 5 take such comments into account in the development of the plan, and 6 include an analysis of the public comments within the plan. The 7 district shall submit such plan to the state education department in a 8 form prescribed by the department, and the department shall post all of 9 the collected plans on its website. 10 § 6. Section 3602 of the education law is amended by adding a new 11 subdivision 6-i to read as follows: 12 6-i. Building aid and the New York state energy research and develop- 13 ment authority P-12 schools: clean green schools initiative. 1. For aid 14 payable in the school years two thousand twenty-two--two thousand twen- 15 ty-three and thereafter, notwithstanding any provision of law to the 16 contrary, the apportionment to any district under subdivision six, 17 six-a, six-b, six-c, six-e, six-f, or six-h of this section for capital 18 outlays for school building projects for energy efficiency shall not 19 exclude grants authorized pursuant to the New York state energy research 20 and development authority P-12 schools: clean green schools initiative 21 from aidable expenditures, provided that the sum of apportionments for 22 these projects calculated pursuant to subdivision six, six-a, six-b, 23 six-c, six-e, six-f, or six-h of this section and such grants shall not 24 exceed the actual project expenditures. 25 2. The New York state energy research and development authority shall 26 provide a list of energy efficiency grants awarded to each school 27 district to the commissioner no later than one month prior to the end of 28 each calendar year and each school year. This list shall include the 29 capital construction project or projects funded by the grants, the award 30 amounts of each individual project grant, the district receiving such 31 grants, the schools receiving such grants, the date on which the grant 32 was received, and any other information necessary for the calculation of 33 aid pursuant to subdivision six, six-a, six-b, six-c, six-e, six-f, or 34 six-h of this section. 35 § 7. Paragraph a of subdivision 4 of section 3204 of the education law 36 is amended to read as follows: 37 a. A full time day school or class, except as otherwise prescribed, 38 shall be in session for not less than one hundred [ninety] eighty days 39 each year, [inclusive] exclusive of legal holidays that occur during the 40 term of said school and exclusive of Saturdays. 41 § 8. Paragraph s of subdivision 1 of section 3602 of the education 42 law, as amended by section 11 of part B of chapter 57 of the laws of 43 2007, is amended to read as follows: 44 s. "Extraordinary needs count" shall mean the sum of the product of 45 the [limited English proficiency] English language learner count multi- 46 plied by fifty percent, plus, the poverty count and the sparsity count. 47 § 9. Subdivision 6 of section 3602 of the education law is amended by 48 adding a new paragraph k to read as follows: 49 k. Final cost report penalties. (1) All acts done and proceedings 50 heretofore had and taken, or caused to be had and taken, by school 51 districts and by all its officers or agents relating to or in connection 52 with final building cost reports required to be filed with the commis- 53 sioner for approved building projects for which a certificate of 54 substantial completion was issued on or after April first, nineteen 55 hundred ninety-five, and where a final cost report was not submitted by 56 June thirtieth of the school year in which the certificate of substan-S. 8006--C 13 A. 9006--C 1 tial completion of the project was issued by the architect or engineer, 2 or six months after issuance of such certificate, whichever was later, 3 and all acts incidental thereto are hereby legalized, validated, rati- 4 fied and confirmed, notwithstanding any failure to comply with the 5 approval and filing provisions of the education law or any other law or 6 any other statutory authority, rule or regulation, in relation to any 7 omission, error, defect, irregularity or illegality in such proceedings 8 had and taken. 9 (2) The commissioner is hereby directed to consider the approved costs 10 of the aforementioned projects as valid and proper obligations of such 11 school districts and shall not recover on or after July first, two thou- 12 sand thirteen any penalty arising from the late filing of a final cost 13 report, provided that any amounts already so recovered on or after July 14 first, two thousand thirteen shall be deemed a payment of moneys due 15 for prior years pursuant to paragraph c of subdivision five of section 16 thirty-six hundred four of this part and shall be paid to the appropri- 17 ate district pursuant to such provision, provided that: 18 (a) such school district submitted the late or missing final building 19 cost report to the commissioner; 20 (b) such cost report is approved by the commissioner; 21 (c) all state funds expended by the school district, as documented in 22 such cost report, were properly expended for such building project in 23 accordance with the terms and conditions for such project as approved by 24 the commissioner; and 25 (d) the failure to submit such report in a timely manner was an inad- 26 vertent administrative or ministerial oversight by the school district, 27 and there is no evidence of any fraudulent or other improper intent by 28 such district. 29 § 10. Section 3625 of education law is amended by adding a new subdi- 30 vision 5 to read as follows: 31 5. Transportation contract penalties. a. All acts done and proceedings 32 heretofore had and taken, or caused to be had and taken, by school 33 districts and by all its officers or agents relating to or in connection 34 with a transportation contract, to be filed with the department, where 35 such contract was not timely executed and/or filed within one hundred 36 twenty days of the commencement of service under such contract pursuant 37 to subdivision two of this section and/or where the advertisement for 38 bids for such contract did not meet the requirements set forth in para- 39 graph a of subdivision fourteen of section three hundred five of this 40 chapter, and all acts incidental hereto are hereby legalized, validated, 41 ratified and confirmed, notwithstanding any failure to comply with such 42 filing and/or advertising provision or provisions, provided that the 43 conditions in subparagraphs one, two, three, and four of paragraph b of 44 this subdivision are met. 45 b. The department is hereby directed to consider the aforementioned 46 contracts for transportation aid as valid and proper obligations and 47 shall not recover from such school districts any penalty arising from 48 the failure to execute and/or file a transportation contract in a timely 49 manner and/or meet such advertisement requirements, provided that any 50 amounts already so recovered shall be deemed a payment of moneys due for 51 prior years pursuant to paragraph c of subdivision five of section thir- 52 ty-six hundred four of this article and shall be paid to the school 53 district pursuant to such provision, provided that: 54 (1) such school district submitted the contract to the commissioner 55 and such contract is for services in the two thousand twelve--two thou- 56 sand thirteen school year or thereafter;S. 8006--C 14 A. 9006--C 1 (2) such contract is approved by the commissioner; 2 (3) all state funds expended by the school district were properly 3 expended for such transportation as approved by the commissioner; and 4 (4) the failure to execute or file such contract in a timely manner 5 and/or meet such advertisement requirements was an inadvertent adminis- 6 trative or ministerial oversight by the school district or due to exten- 7 uating circumstances, and there is no evidence of any fraudulent or 8 other improper intent by such district, as determined by the commission- 9 er. 10 § 11. Subdivision 2 of section 3625 of the education law, as amended 11 by chapter 474 of the laws of 1996, is amended to read as follows: 12 2. Filing of transportation contracts. Every transportation contract 13 shall be filed with the department within one hundred twenty days of the 14 commencement of service under such contract. No transportation expense 15 shall be allowed for a period greater than one hundred twenty days prior 16 to the filing of any contract for the transportation of pupils with the 17 education department. No contract shall be considered filed unless it 18 bears an original signature, in the case of a written document, or a 19 certification, in the case of an approved electronic form, of the super- 20 intendent of a school district or the designee of the superintendent and 21 the sole trustee or president of the board of education of the school 22 district. The final approval of any such contract by the commissioner 23 shall not, however, obligate the state to allow transportation expense 24 in an amount greater than the amount that would be allowed under the 25 provisions of this part. The state, acting through the department of 26 audit and control, may examine any and all accounts of the contractor in 27 connection with a contract for the transportation of pupils, and every 28 such contract shall contain the following provision: "The contractor 29 hereby consents to an audit of any and all financial records relating to 30 this contract by the department of audit and control." 31 § 11-a. Subdivision 1 of section 3625 of the education law, as amended 32 by section 47 of part L of chapter 405 of the laws of 1999, is amended 33 to read as follows: 34 1. Form of transportation contracts. Every contract for transportation 35 of school children shall be in writing or in an electronic form approved 36 by the commissioner when available, and before such contract is filed 37 with the department as required by subdivision two of this section, the 38 same shall be submitted for approval to the superintendent of schools of 39 said district and such contract shall not be approved and filed by such 40 superintendent unless he or she shall first investigate the same with 41 particular reference to the type of conveyance, the character and abili- 42 ty of the driver, the routes over which the conveyances shall travel, 43 the time schedule, and such other matters as in the judgement of the 44 superintendent are necessary for the comfort and protection of the chil- 45 dren while being transported to and from school. Every such contract for 46 transportation of children shall contain an agreement upon the part of 47 the contractor that the vehicle shall come to a full stop before cross- 48 ing the track or tracks of any railroad and before crossing any state 49 highway. 50 § 11-b. Subdivision 4 of section 3627 of the education law, as amended 51 by section 14-f of part A of chapter 56 of the laws of 2020, is amended 52 to read as follows: 53 4. Notwithstanding any other provision of law to the contrary, any 54 expenditures for transportation provided pursuant to this section in the 55 two thousand thirteen--two thousand fourteen school year and thereafter 56 and otherwise eligible for transportation aid pursuant to subdivisionS. 8006--C 15 A. 9006--C 1 seven of section thirty-six hundred two of this article shall be consid- 2 ered approved transportation expenses eligible for transportation aid, 3 provided further that for the two thousand thirteen--two thousand four- 4 teen school year such aid shall be limited to eight million one hundred 5 thousand dollars and for the two thousand fourteen--two thousand fifteen 6 school year such aid shall be limited to the sum of twelve million six 7 hundred thousand dollars plus the base amount and for the two thousand 8 fifteen--two thousand sixteen school year through two thousand eigh- 9 teen--two thousand nineteen school year such aid shall be limited to the 10 sum of eighteen million eight hundred fifty thousand dollars plus the 11 base amount[,] and for the two thousand nineteen--two thousand twenty 12 school year such aid shall be limited to the sum of nineteen million 13 three hundred fifty thousand dollars plus the base amount[,] and for the 14 two thousand twenty--two thousand twenty-one school year [and thereaft-15er] such aid shall be limited to the sum of nineteen million eight 16 hundred fifty thousand dollars plus the base amount and for the two 17 thousand twenty-two--two thousand twenty-three school year and thereaft- 18 er such aid shall be limited to the sum of twenty-two million three 19 hundred fifty thousand dollars plus the base amount. For purposes of 20 this subdivision, "base amount" means the amount of transportation aid 21 paid to the school district for expenditures incurred in the two thou- 22 sand twelve--two thousand thirteen school year for transportation that 23 would have been eligible for aid pursuant to this section had this 24 section been in effect in such school year, except that subdivision six 25 of this section shall be deemed not to have been in effect. And provided 26 further that the school district shall continue to annually expend for 27 the transportation described in subdivision one of this section at least 28 the expenditures used for the base amount. 29 § 12. Intentionally omitted. 30 § 13. Intentionally omitted. 31 § 14. The closing paragraph of subdivision 5-a of section 3602 of the 32 education law, as amended by section 12-b of part A of chapter 56 of the 33 laws of 2021, is amended to read as follows: 34 For the two thousand eight--two thousand nine school year, each school 35 district shall be entitled to an apportionment equal to the product of 36 fifteen percent and the additional apportionment computed pursuant to 37 this subdivision for the two thousand seven--two thousand eight school 38 year. For the two thousand nine--two thousand ten through two thousand 39 [twenty-one] twenty-two--two thousand [twenty-two] twenty-three school 40 years, each school district shall be entitled to an apportionment equal 41 to the amount set forth for such school district as "SUPPLEMENTAL PUB 42 EXCESS COST" under the heading "2008-09 BASE YEAR AIDS" in the school 43 aid computer listing produced by the commissioner in support of the 44 budget for the two thousand nine--two thousand ten school year and enti- 45 tled "SA0910". 46 § 15. Subdivision 12 of section 3602 of the education law, as amended 47 by section 13-a of part A of chapter 56 of the laws of 2021, is amended 48 to read as follows: 49 12. Academic enhancement aid. a. A school district that as of April 50 first of the base year has been continuously identified as a district in 51 need of improvement for at least five years shall, for the two thousand 52 eight--two thousand nine school year, be entitled to an additional 53 apportionment equal to the positive remainder, if any, of (a) the lesser 54 of fifteen million dollars or the product of the total foundation aid 55 base, as defined by paragraph j of subdivision one of this section, 56 multiplied by ten percent (0.10), less (b) the positive remainder of (i)S. 8006--C 16 A. 9006--C 1 the sum of the total foundation aid apportioned pursuant to subdivision 2 four of this section and the supplemental educational improvement grants 3 apportioned pursuant to subdivision eight of section thirty-six hundred 4 forty-one of this article, less (ii) the total foundation aid base. 5 b. For the two thousand nine--two thousand ten through two thousand 6 fourteen--two thousand fifteen school years, each school district shall 7 be entitled to an apportionment equal to the amount set forth for such 8 school district as "EDUCATION GRANTS, ACADEMIC EN" under the heading 9 "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by 10 the commissioner in support of the budget for the two thousand nine--two 11 thousand ten school year and entitled "SA0910", and such apportionment 12 shall be deemed to satisfy the state obligation to provide an apportion- 13 ment pursuant to subdivision eight of section thirty-six hundred forty- 14 one of this article. 15 c. For the two thousand fifteen--two thousand sixteen year, each 16 school district shall be entitled to an apportionment equal to the 17 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 18 under the heading "2014-15 ESTIMATED AIDS" in the school aid computer 19 listing produced by the commissioner in support of the budget for the 20 two thousand fourteen--two thousand fifteen school year and entitled 21 "SA141-5", and such apportionment shall be deemed to satisfy the state 22 obligation to provide an apportionment pursuant to subdivision eight of 23 section thirty-six hundred forty-one of this article. 24 d. For the two thousand sixteen--two thousand seventeen school year, 25 each school district shall be entitled to an apportionment equal to the 26 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 27 under the heading "2015-16 ESTIMATED AIDS" in the school aid computer 28 listing produced by the commissioner in support of the budget for the 29 two thousand fifteen--two thousand sixteen school year and entitled 30 "SA151-6", and such apportionment shall be deemed to satisfy the state 31 obligation to provide an apportionment pursuant to subdivision eight of 32 section thirty-six hundred forty-one of this article. 33 e. For the two thousand seventeen--two thousand eighteen school year, 34 each school district shall be entitled to an apportionment equal to the 35 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 36 under the heading "2016-17 ESTIMATED AIDS" in the school aid computer 37 listing produced by the commissioner in support of the budget for the 38 two thousand sixteen--two thousand seventeen school year and entitled 39 "SA161-7", and such apportionment shall be deemed to satisfy the state 40 obligation to provide an apportionment pursuant to subdivision eight of 41 section thirty-six hundred forty-one of this article. 42 f. For the two thousand eighteen--two thousand nineteen school year, 43 each school district shall be entitled to an apportionment equal to the 44 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 45 under the heading "2017-18 ESTIMATED AIDS" in the school aid computer 46 listing produced by the commissioner in support of the budget for the 47 two thousand seventeen--two thousand eighteen school year and entitled 48 "SA171-8", and such apportionment shall be deemed to satisfy the state 49 obligation to provide an apportionment pursuant to subdivision eight of 50 section thirty-six hundred forty-one of this article. 51 g. For the two thousand nineteen--two thousand twenty school year, 52 each school district shall be entitled to an apportionment equal to the 53 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 54 under the heading "2018-19 ESTIMATED AIDS" in the school aid computer 55 listing produced by the commissioner in support of the budget for the 56 two thousand eighteen--two thousand nineteen school year and entitledS. 8006--C 17 A. 9006--C 1 "SA181-9", and such apportionment shall be deemed to satisfy the state 2 obligation to provide an apportionment pursuant to subdivision eight of 3 section thirty-six hundred forty-one of this article. 4 h. For the two thousand twenty--two thousand twenty-one school year, 5 each school district shall be entitled to an apportionment equal to the 6 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 7 under the heading "2019-20 ESTIMATED AIDS" in the school aid computer 8 listing produced by the commissioner in support of the budget for the 9 two thousand nineteen--two thousand twenty school year and entitled 10 "SA192-0", and such apportionment shall be deemed to satisfy the state 11 obligation to provide an apportionment pursuant to subdivision eight of 12 section thirty-six hundred forty-one of this article. 13 i. For the two thousand twenty-one--two thousand twenty-two school 14 year and the two thousand twenty-two--two thousand twenty-three school 15 year, each school district shall be entitled to an apportionment equal 16 to the amount set forth for such school district as "ACADEMIC ENHANCE- 17 MENT" under the heading "2020-21 ESTIMATED AIDS" in the school aid 18 computer listing produced by the commissioner in support of the budget 19 for the two thousand twenty--two thousand twenty-one school year and 20 entitled "SA202-1", and such apportionment shall be deemed to satisfy 21 the state obligation to provide an apportionment pursuant to subdivision 22 eight of section thirty-six hundred forty-one of this article. 23 § 16. The opening paragraph of subdivision 16 of section 3602 of the 24 education law, as amended by section 14-a of part A of chapter 56 of the 25 laws of 2021, is amended to read as follows: 26 Each school district shall be eligible to receive a high tax aid 27 apportionment in the two thousand eight--two thousand nine school year, 28 which shall equal the greater of (i) the sum of the tier 1 high tax aid 29 apportionment, the tier 2 high tax aid apportionment and the tier 3 high 30 tax aid apportionment or (ii) the product of the apportionment received 31 by the school district pursuant to this subdivision in the two thousand 32 seven--two thousand eight school year, multiplied by the due-minimum 33 factor, which shall equal, for districts with an alternate pupil wealth 34 ratio computed pursuant to paragraph b of subdivision three of this 35 section that is less than two, seventy percent (0.70), and for all other 36 districts, fifty percent (0.50). Each school district shall be eligible 37 to receive a high tax aid apportionment in the two thousand nine--two 38 thousand ten through two thousand twelve--two thousand thirteen school 39 years in the amount set forth for such school district as "HIGH TAX AID" 40 under the heading "2008-09 BASE YEAR AIDS" in the school aid computer 41 listing produced by the commissioner in support of the budget for the 42 two thousand nine--two thousand ten school year and entitled "SA0910". 43 Each school district shall be eligible to receive a high tax aid appor- 44 tionment in the two thousand thirteen--two thousand fourteen through two 45 thousand [twenty-one] twenty-two--two thousand [twenty-two] twenty-three 46 school years equal to the greater of (1) the amount set forth for such 47 school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR 48 AIDS" in the school aid computer listing produced by the commissioner in 49 support of the budget for the two thousand nine--two thousand ten school 50 year and entitled "SA0910" or (2) the amount set forth for such school 51 district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in 52 the school aid computer listing produced by the commissioner in support 53 of the executive budget for the 2013-14 fiscal year and entitled 54 "BT131-4".S. 8006--C 18 A. 9006--C 1 § 17. Subdivision 16 of section 3602-ee of the education law, as 2 amended by section 23 of part A of chapter 56 of the laws of 2021, is 3 amended to read as follows: 4 16. The authority of the department to administer the universal full- 5 day pre-kindergarten program shall expire June thirtieth, two thousand 6 [twenty-two] twenty-three; provided that the program shall continue and 7 remain in full effect. 8 § 17-a. Paragraph (c) of subdivision 8 of section 3602-ee of the 9 education law, as amended by section 31-a of part YYY of chapter 59 of 10 the laws of 2017, subparagraph (ii) as amended by section 23-b of part A 11 of chapter 56 of the laws of 2021, is amended to read as follows: 12 (c) [(i)] for eligible agencies as defined in paragraph b of subdivi- 13 sion one of section thirty-six hundred two-e of this part that are not 14 schools, a bachelor's degree in early childhood education [or a related15field and a written plan to obtain a certification valid for service in16the early childhood grades as follows:]. Provided however, beginning 17 with the two thousand twenty-two--two thousand twenty-three school year, 18 a school district may annually apply to the commissioner by August first 19 of the current school year for a waiver that would allow personnel 20 employed by an eligible agency that is collaborating with a school 21 district to provide prekindergarten services and licensed by an agency 22 other than the department, to meet the staff qualifications prescribed 23 by the licensing or registering agency. Provided further that the 24 commissioner shall annually submit a report by September first to the 25 chairperson of the assembly ways and means committee, the chairperson of 26 the senate finance committee and the director of the budget which shall 27 include but not be limited to the following: (a) a listing of the school 28 districts receiving a waiver pursuant to this paragraph from the commis- 29 sioner for the current school year; (b) the number and proportion of 30 students within each district receiving a waiver pursuant to this para- 31 graph for the current school year that are receiving instruction from 32 personnel employed by an eligible agency that is collaborating with a 33 school district to provide prekindergarten services and licensed by an 34 agency other than the department; and (c) the number and proportion of 35 total prekindergarten personnel for each school district that are 36 providing instructional services pursuant to this paragraph that are 37 employed by an eligible agency that is collaborating with a school 38 district to provide prekindergarten services and licensed by an agency 39 other than the department, to meet the staff qualifications prescribed 40 by the licensing or registering agency. 41 [(1) for teachers hired on or after the effective date of this section42as the teacher for a universal full-day pre-kindergarten classroom,43within three years after commencing employment, at which time such44certification shall be required for employment; and45(2) for teachers hired by such provider prior to the effective date of46this section for other early childhood care and education programs, no47later than June thirtieth, two thousand seventeen, at which time such48certification shall be required for employment.49(ii) Provided that, notwithstanding any provisions of this paragraph50to the contrary, for the two thousand seventeen-two thousand eighteen51through the two thousand twenty-one--two thousand twenty-two school52years an exemption to the certification requirement of subparagraph (i)53of this paragraph may be made for a teacher without certification valid54for service in the early childhood grades who possesses a written plan55to obtain certification and who has registered in the ASPIRE workforce56registry as required under regulations of the commissioner of the officeS. 8006--C 19 A. 9006--C 1of children and family services. Notwithstanding any exemption provided2by this subparagraph, certification shall be required for employment no3later than June thirtieth, two thousand twenty-two; provided that for4the two thousand twenty-one--two thousand twenty-two school year, school5districts with teachers seeking an exemption to the certification6requirement of subparagraph (i) of this paragraph shall submit a report7to the commissioner regarding (A) the barriers to certification, if any,8(B) the number of uncertified teachers registered in the ASPIRE work-9force registry teaching pre-kindergarten in the district, including10those employed by a community-based organization, (C) the number of11previously uncertified teachers who have completed certification as12required by this subdivision, and (D) the expected certification13completion date of such teachers.] 14 § 17-b. Paragraph d of subdivision 12 of section 3602-e of the educa- 15 tion law, as amended by section 19 of part B of chapter 57 of the laws 16 of 2007, is amended to read as follows: 17 d. transitional guidelines and rules which allow a program to meet the 18 required staff qualifications and any other requirements set forth 19 pursuant to this section and regulations adopted by the board of regents 20 and the commissioner; provided that such guidelines include an annual 21 process by which a district may apply to the commissioner by August 22 first of the current school year for a waiver that would allow personnel 23 employed by an eligible agency that is collaborating with a school 24 district to provide prekindergarten services and licensed by an agency 25 other than the department, to meet the staff qualifications prescribed 26 by the licensing or registering agency. Provided, further, that the 27 commissioner shall annually submit a report by September first to the 28 chairperson of the assembly ways and means committee, the chairperson of 29 the senate finance committee and the director of the budget which shall 30 include but not be limited to the following: (a) a listing of the school 31 districts receiving a waiver pursuant to this paragraph from the commis- 32 sioner for the current school year; (b) the number and proportion of 33 students within each district receiving a waiver pursuant to this para- 34 graph for the current school year that are receiving instruction from 35 personnel employed by an eligible agency that is collaborating with a 36 school district to provide prekindergarten services and licensed by an 37 agency other than the department; and (c) the number and proportion of 38 total prekindergarten personnel for each school district that are 39 providing instructional services pursuant to this paragraph that are 40 employed by an eligible agency that is collaborating with a school 41 district to provide prekindergarten services and licensed by an agency 42 other than the department, to meet the staff qualifications prescribed 43 by the licensing or registering agency. 44 § 17-c. Subparagraph (viii) of the opening paragraph of subdivision 10 45 of section 3602-e of the education law, as amended by section 23-c of 46 part A of chapter 56 of the laws of 2021, is amended and a new subpara- 47 graph (ix) is added to read as follows: 48 (viii) for the two thousand twenty-one--two thousand twenty-two school 49 year [and thereafter], each school district shall be eligible to receive 50 a grant amount equal to the sum of (A) the amount set forth for such 51 school district as "UNIVERSAL PREKINDERGARTEN ALLOCATION" on the comput- 52 er file produced by the commissioner in support of the enacted budget 53 for the prior year excluding amounts subject to section thirty-six 54 hundred two-ee of this part and further excluding amounts paid pursuant 55 to subdivision nineteen of this section plus (B) the Full-day 4-Year-Old 56 Universal Prekindergarten Expansion added pursuant to paragraph e ofS. 8006--C 20 A. 9006--C 1 subdivision nineteen of this section, provided that such school district 2 has met all requirements pursuant to this section and such grants shall 3 be added into a four-year-old grant amount based on the amount each 4 district was eligible to receive in the base year to serve four-year-old 5 prekindergarten pupils[, plus (C) the amount awarded to such school6district, subject to an available appropriation, through the prekinder-7garten expansion grant for the prior year, provided that such school8district has met all requirements pursuant to this section and for9purposes of calculating the maintenance of effort reduction in subdivi-10sion eleven of this section that such grant amounts shall be divided11into a four-year-old grant amount based on the amount each district was12eligible to receive in the base year to serve four-year-old prekinder-13garten pupils and a three-year-old grant amount based on the amount each14district was eligible to receive in the base year to serve three-year-15old pupils], and provided further that the maximum grant shall not 16 exceed the total actual grant expenditures incurred by the school 17 district in the current school year as approved by the commissioner[.], 18 and 19 (ix) for the two thousand twenty-two--two thousand twenty-three school 20 year and thereafter, each school district shall be eligible to receive a 21 grant amount equal to the sum of (A) the amount set forth for such 22 school district as "UNIVERSAL PREKINDERGARTEN ALLOCATION" on the comput- 23 er file produced by the commissioner in support of the enacted budget 24 for the prior year excluding amounts subject to section thirty-six 25 hundred two-ee of this part and further excluding amounts paid pursuant 26 to subdivision nineteen of this section plus (B) the Full-day 4-Year-Old 27 Universal Prekindergarten Expansion added pursuant to paragraph e of 28 subdivision nineteen of this section, provided that such school district 29 has met all requirements pursuant to this section and such grants shall 30 be added into a four-year-old grant amount based on the amount each 31 district was eligible to receive in the base year to serve four-year-old 32 prekindergarten pupils, plus (C) funds allocated pursuant to a universal 33 prekindergarten expansion under subdivision twenty of this section as of 34 the school aid computer listing produced by the commissioner in support 35 of the enacted budget for the current year, provided that such grant 36 amounts shall be divided into a four-year-old grant amount based on the 37 amount each district was eligible to receive in the base year to serve 38 four-year-old prekindergarten pupils, if any, and a three-year-old grant 39 amount based on the amount each district was eligible to receive in the 40 base year to serve three-year-old pupils, if any, and provided further 41 that the maximum grant shall not exceed the total actual grant expendi- 42 tures incurred by the school district in the current school year as 43 approved by the commissioner. 44 § 17-d. Subparagraph (ii) of paragraph b of subdivision 10 of section 45 3602-e of the education law, as amended by section 23-c of part A of 46 chapter 56 of the laws of 2021, is amended to read as follows: 47 (ii) (1) "Eligible Full-day four-year-old prekindergarten pupils" 48 shall equal: 49 For the two thousand seventeen--two thousand eighteen school year the 50 sum of, from the priority full-day prekindergarten program, (A) the 51 maximum aidable pupils such district was eligible to serve in the base 52 year plus (B) the maximum aidable number of half-day prekindergarten 53 pupils converted into a full-day prekindergarten pupil in the base year; 54 For the two thousand eighteen--two thousand nineteen school year the 55 sum of, from the programs pursuant to this section, (A) the maximum 56 aidable full-day prekindergarten pupils such district was eligible toS. 8006--C 21 A. 9006--C 1 serve in the base year plus (B) the maximum aidable number of half-day 2 prekindergarten pupils converted into full-day prekindergarten pupils in 3 the base year; 4 For the two thousand nineteen--two thousand twenty school year the sum 5 of, from each of (A) the programs pursuant to this section, (B) the 6 federal preschool development expansion grant, (C) the expanded prekin- 7 dergarten program, (D) the expanded prekindergarten program for three- 8 and four-year-olds, and (E) the prekindergarten expansion grant, (1) the 9 maximum aidable full-day four-year-old prekindergarten pupils such 10 district was eligible to serve in the base year, plus (2) the maximum 11 aidable number of half-day four-year-old prekindergarten pupils 12 converted into full-day prekindergarten pupils in the base year; 13 For the two thousand twenty--two thousand twenty-one school year the 14 sum of, from each of (A) the programs pursuant to this section and (B) 15 the pre-kindergarten expansion grant, (1) the maximum aidable full-day 16 four-year-old prekindergarten pupils such district was eligible to serve 17 in the base year, plus (2) the maximum aidable number of half-day four- 18 year-old prekindergarten pupils converted into full-day prekindergarten 19 pupils in the base year; 20 For the two thousand twenty-one--two thousand twenty-two school year 21 [and thereafter], the sum of, from the programs pursuant to this subdi- 22 vision, (1) the maximum aidable full-day four-year-old prekindergarten 23 pupils such district was eligible to serve in the base year, plus (2) 24 the maximum aidable number of half-day four-year-old prekindergarten 25 pupils converted into full-day prekindergarten pupils in the base year, 26 plus (3) expansion slots added pursuant to paragraph e of subdivision 27 nineteen of this section. 28 For the two thousand twenty-two--two thousand twenty-three school year 29 and thereafter, the sum of, from the programs pursuant to this subdivi- 30 sion, (1) the maximum aidable full-day four-year-old prekindergarten 31 pupils such district was eligible to serve in the base year, plus (2) 32 the maximum aidable number of half-day four-year-old prekindergarten 33 pupils converted into full-day prekindergarten pupils in the base year, 34 plus (3) expansion slots calculated pursuant to subdivision twenty of 35 this section. 36 § 17-e. Section 3602-e of the education law is amended by adding a new 37 subdivision 20 to read as follows: 38 20. Universal prekindergarten expansions. 39 a. Two thousand twenty-two--two thousand twenty-three school year. 40 (i) The universal prekindergarten expansion for the two thousand twen- 41 ty-two--two thousand twenty-three school year shall be equal to twice 42 the product of (1) expansion slots multiplied by (2) selected aid per 43 prekindergarten pupil calculated pursuant to subparagraph (i) of para- 44 graph b of subdivision ten of this section for the two thousand twenty- 45 two--two thousand twenty-three school year. 46 (ii) For purposes of this paragraph, "expansion slots" shall be slots 47 for new full-day four-year-old prekindergarten pupils for purposes of 48 subparagraph (ii) of paragraph b of subdivision 10 of this section. 49 Expansion slots shall be equal to the positive difference, if any, of 50 (1) the product of fifty-nine hundred and nineteen ten thousandths 51 (0.5919) multiplied by unserved four-year-old prekindergarten pupils as 52 defined in subparagraph (iv) of paragraph b of subdivision ten of this 53 section less (2) the eligible four-year old students. If such expansion 54 slots are greater than or equal to ten but less than twenty, the expan- 55 sion slots shall be twenty; if such expansion slots are less than ten, 56 the expansion slots shall be zero; and for a city school district in aS. 8006--C 22 A. 9006--C 1 city having a population of one million or more, the expansion slots 2 shall be zero. 3 (iii) For purposes of this paragraph, "eligible four-year old 4 students" shall be equal to the sum of (1) eligible full-day four-year- 5 old prekindergarten pupils as defined in subparagraph (ii) of paragraph 6 b of subdivision ten of this section for the base year plus (2) the 7 product of five tenths (0.5) and the eligible half-day four-year-old 8 prekindergarten pupils as defined in subparagraph (ii) of paragraph b of 9 subdivision ten of this section for the base year, plus (3) the maximum 10 number of students that may be served by uncertified classroom teachers 11 in full-day prekindergarten programs funded by grants pursuant to 12 section thirty-six hundred two-ee of this part in the base year, plus 13 (4) expansion slots for the base year pursuant to subdivision nineteen 14 of this section. 15 § 18. Intentionally omitted. 16 § 19. The opening paragraph of section 3609-a of the education law, as 17 amended by section 26 of part A of chapter 56 of the laws of 2021, is 18 amended to read as follows: 19 For aid payable in the two thousand seven--two thousand eight school 20 year through the two thousand [twenty-one] twenty-two--two thousand 21 [twenty-two] twenty-three school year, "moneys apportioned" shall mean 22 the lesser of (i) the sum of one hundred percent of the respective 23 amount set forth for each school district as payable pursuant to this 24 section in the school aid computer listing for the current year produced 25 by the commissioner in support of the budget which includes the appro- 26 priation for the general support for public schools for the prescribed 27 payments and individualized payments due prior to April first for the 28 current year plus the apportionment payable during the current school 29 year pursuant to subdivision six-a and subdivision fifteen of section 30 thirty-six hundred two of this part minus any reductions to current year 31 aids pursuant to subdivision seven of section thirty-six hundred four of 32 this part or any deduction from apportionment payable pursuant to this 33 chapter for collection of a school district basic contribution as 34 defined in subdivision eight of section forty-four hundred one of this 35 chapter, less any grants provided pursuant to subparagraph two-a of 36 paragraph b of subdivision four of section ninety-two-c of the state 37 finance law, less any grants provided pursuant to subdivision five of 38 section ninety-seven-nnnn of the state finance law, less any grants 39 provided pursuant to subdivision twelve of section thirty-six hundred 40 forty-one of this article, or (ii) the apportionment calculated by the 41 commissioner based on data on file at the time the payment is processed; 42 provided however, that for the purposes of any payments made pursuant to 43 this section prior to the first business day of June of the current 44 year, moneys apportioned shall not include any aids payable pursuant to 45 subdivisions six and fourteen, if applicable, of section thirty-six 46 hundred two of this part as current year aid for debt service on bond 47 anticipation notes and/or bonds first issued in the current year or any 48 aids payable for full-day kindergarten for the current year pursuant to 49 subdivision nine of section thirty-six hundred two of this part. The 50 definitions of "base year" and "current year" as set forth in subdivi- 51 sion one of section thirty-six hundred two of this part shall apply to 52 this section. For aid payable in the two thousand [twenty-one] twenty- 53 two--two thousand [twenty-two] twenty-three school year, reference to 54 such "school aid computer listing for the current year" shall mean the 55 printouts entitled ["SA212-2"] "SA222-3".S. 8006--C 23 A. 9006--C 1 § 19-a. Paragraph k of subdivision 4 of section 4405 of the education 2 law, as added by section 37-f of part A of chapter 56 of the laws of 3 2021, is amended to read as follows: 4 k. (i) The tuition methodology established pursuant to this subdivi- 5 sion for the two thousand twenty-one--two thousand twenty-two school 6 year [and annually thereafter] shall authorize approved private residen- 7 tial or non-residential schools for the education of students with disa- 8 bilities that are located within the state, and special act school 9 districts to retain funds in excess of their allowable and reimbursable 10 costs incurred for services and programs provided to school-age 11 students. The amount of funds that may be annually retained shall not 12 exceed one percent of the school's or school district's total allowable 13 and reimbursable costs for services and programs provided to school-age 14 students for the school year from which the funds are to be retained; 15 provided that the total accumulated balance that may be retained shall 16 not exceed four percent of such total costs for such school year; and 17 provided further that such funds shall not be recoverable on reconcil- 18 iation of tuition rates, and shall be separate from and in addition to 19 any other authorization to retain surplus funds on reconciliation. 20 (ii) The tuition methodology established pursuant to this subdivision 21 for the two thousand twenty-two--two thousand twenty-three school year 22 and annually thereafter shall authorize approved providers to retain 23 funds in excess of their allowable and reimbursable costs incurred for 24 services and programs provided to school-age and preschool students. The 25 amount of funds that may be annually retained shall not exceed the 26 allowable surplus percentage of the approved provider's total allowable 27 and reimbursable costs for services and programs provided to school-age 28 and preschool students for the school year from which the funds are to 29 be retained, as defined in subparagraph (iii) of this paragraph; 30 provided that such funds shall not be recoverable on reconciliation of 31 tuition rates. For purposes of this subparagraph, "approved providers" 32 shall mean private residential or non-residential schools for the educa- 33 tion of students with disabilities that are located within the state, 34 special act school districts, and programs approved pursuant to section 35 forty-four hundred ten of this article that are subject to tuition rate 36 reconciliation. 37 (iii) The approved surplus percentage shall be as follows: eleven 38 percent for the two thousand twenty-two--two thousand twenty-three 39 through two thousand twenty-four--two thousand twenty-five school years, 40 eight percent for the two thousand twenty-five--two thousand twenty-six 41 school year, five percent for the two thousand twenty-six--two thousand 42 twenty-seven school year, and two percent for the two thousand twenty- 43 seven--two thousand twenty-eight school year and annually thereafter. 44 (iv) Funds authorized to be retained under this paragraph may be 45 expended only pursuant to an authorization of the governing board of the 46 school [or], school district or program approved pursuant to section 47 forty-four hundred ten of this article, for a purpose expressly author- 48 ized as part of the approved tuition methodology for the year in which 49 the funds are to be expended, provided that funds may be expended to pay 50 prior year outstanding debts. Any school [or], school district, or 51 program approved pursuant to section forty-four hundred ten of this 52 article that retains funds pursuant to this paragraph shall be required 53 to annually report a statement of the total balance of any such retained 54 funds, the amount, if any, retained in the prior school year, the 55 amount, if any, dispersed in the prior school year, and any additionalS. 8006--C 24 A. 9006--C 1 information requested by the department as part of the financial reports 2 that are required to be annually submitted to the department. 3 § 20. Subdivision b of section 2 of chapter 756 of the laws of 1992, 4 relating to funding a program for work force education conducted by the 5 consortium for worker education in New York city, as amended by section 6 39 of part A of chapter 56 of the laws of 2021, is amended to read as 7 follows: 8 b. Reimbursement for programs approved in accordance with subdivision 9 a of this section for the reimbursement for the 2018--2019 school year 10 shall not exceed 59.4 percent of the lesser of such approvable costs per 11 contact hour or fourteen dollars and ninety-five cents per contact hour, 12 reimbursement for the 2019--2020 school year shall not exceed 57.7 13 percent of the lesser of such approvable costs per contact hour or 14 fifteen dollars sixty cents per contact hour, reimbursement for the 15 2020--2021 school year shall not exceed 56.9 percent of the lesser of 16 such approvable costs per contact hour or sixteen dollars and twenty- 17 five cents per contact hour, [and] reimbursement for the 2021--2022 18 school year shall not exceed 56.0 percent of the lesser of such approva- 19 ble costs per contact hour or sixteen dollars and forty cents per 20 contact hour, and reimbursement for the 2022--2023 school year shall not 21 exceed 55.7 percent of the lesser of such approvable costs per contact 22 hour or sixteen dollars and sixty cents per contact hour, and where a 23 contact hour represents sixty minutes of instruction services provided 24 to an eligible adult. Notwithstanding any other provision of law to the 25 contrary, for the 2018--2019 school year such contact hours shall not 26 exceed one million four hundred sixty-three thousand nine hundred 27 sixty-three (1,463,963); for the 2019--2020 school year such contact 28 hours shall not exceed one million four hundred forty-four thousand four 29 hundred forty-four (1,444,444); for the 2020--2021 school year such 30 contact hours shall not exceed one million four hundred six thousand 31 nine hundred twenty-six (1,406,926); [and] for the 2021--2022 school 32 year such contact hours shall not exceed one million four hundred 33 sixteen thousand one hundred twenty-two (1,416,122); and for the 34 2022--2023 school year such contact hours shall not exceed one million 35 four hundred six thousand nine hundred twenty-six (1,406,926). Notwith- 36 standing any other provision of law to the contrary, the apportionment 37 calculated for the city school district of the city of New York pursuant 38 to subdivision 11 of section 3602 of the education law shall be computed 39 as if such contact hours provided by the consortium for worker educa- 40 tion, not to exceed the contact hours set forth herein, were eligible 41 for aid in accordance with the provisions of such subdivision 11 of 42 section 3602 of the education law. 43 § 21. Section 4 of chapter 756 of the laws of 1992, relating to fund- 44 ing a program for work force education conducted by the consortium for 45 worker education in New York city, is amended by adding a new subdivi- 46 sion aa to read as follows: 47 aa. The provisions of this subdivision shall not apply after the 48 completion of payments for the 2022-23 school year. Notwithstanding any 49 inconsistent provisions of law, the commissioner of education shall 50 withhold a portion of employment preparation education aid due to the 51 city school district of the city of New York to support a portion of the 52 costs of the work force education program. Such moneys shall be credited 53 to the elementary and secondary education fund-local assistance account 54 and shall not exceed thirteen million dollars ($13,000,000). 55 § 22. Section 6 of chapter 756 of the laws of 1992, relating to fund- 56 ing a program for work force education conducted by the consortium forS. 8006--C 25 A. 9006--C 1 worker education in New York city, as amended by section 41 of part A of 2 chapter 56 of the laws of 2021, is amended to read as follows: 3 § 6. This act shall take effect July 1, 1992, and shall be deemed 4 repealed on June 30, [2022] 2023. 5 § 22-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa- 6 tion law, as amended by section 41-a of part A of chapter 56 of the laws 7 of 2021, is amended to read as follows: 8 a-1. Notwithstanding the provisions of paragraph a of this subdivi- 9 sion, for aid payable in the school years two thousand--two thousand one 10 through two thousand nine--two thousand ten, and two thousand eleven-- 11 two thousand twelve through two thousand [twenty-one] twenty-two--two 12 thousand [twenty-two] twenty-three, the commissioner may set aside an 13 amount not to exceed two million five hundred thousand dollars from the 14 funds appropriated for purposes of this subdivision for the purpose of 15 serving persons twenty-one years of age or older who have not been 16 enrolled in any school for the preceding school year, including persons 17 who have received a high school diploma or high school equivalency 18 diploma but fail to demonstrate basic educational competencies as 19 defined in regulation by the commissioner, when measured by accepted 20 standardized tests, and who shall be eligible to attend employment prep- 21 aration education programs operated pursuant to this subdivision. 22 § 22-b. Section 5 of chapter 537 of the laws of 1976, relating to 23 paid, free and reduced price breakfast for eligible pupils in certain 24 school districts, as added by section 2 of part B of chapter 56 of the 25 laws of 2018, is amended to read as follows: 26 § 5. a. Notwithstanding any monetary limitations with respect to 27 school lunch programs contained in any law or regulation, for school 28 lunch meals served in the school year commencing July 1, 2019 and [each29July 1 thereafter] ending June 30, 2022, a school food authority shall 30 be eligible for a lunch meal State subsidy of twenty-five cents, which 31 shall include any annual State subsidy received by such school food 32 authority under any other provision of State law, for any school lunch 33 meal served by such school food authority; provided that the school food 34 authority certifies to the State Education Department through the appli- 35 cation submitted pursuant to subdivision [b] c of this section that such 36 food authority has purchased at least thirty percent of its total cost 37 of food products for its school lunch service program from New York 38 state farmers, growers, producers or processors in the preceding school 39 year. 40 b. Notwithstanding any monetary limitations with respect to school 41 lunch programs contained in any law or regulation, for school lunch 42 meals served in the school year commencing July 1, 2022 and each July 1 43 thereafter, a school food authority shall be eligible for a lunch meal 44 State subsidy of twenty-five cents, which shall include any annual State 45 subsidy received by such school food authority under any other provision 46 of State law, for any school lunch meal served by such school food 47 authority; provided that the school food authority certifies to the 48 Department of Agriculture and Markets through the application submitted 49 pursuant to subdivision c of this section that such food authority has 50 purchased at least thirty percent of its total cost of food products for 51 its school lunch service program from New York state farmers, growers, 52 producers or processors in the preceding school year. 53 c. The [State Education Department, in cooperation with the] Depart- 54 ment of Agriculture and Markets in cooperation with the State Education 55 Department, shall develop an application for school food authorities to 56 seek an additional State subsidy pursuant to this section in a timelineS. 8006--C 26 A. 9006--C 1 and format prescribed by the commissioner of [education] agriculture and 2 markets. Such application shall include, but not be limited to, documen- 3 tation demonstrating the school food authority's total food purchases 4 for its school lunch service program, and documentation demonstrating 5 its total food purchases and percentages for such program from New York 6 State farmers, growers, producers or processors in the preceding school 7 year. The application shall also include an attestation from the school 8 food authority's chief operating officer that it purchased at least 9 thirty percent of its total cost of food products for its school lunch 10 service program from New York State farmers, growers, producers or 11 processors in the preceding school year in order to meet the require- 12 ments for this additional State subsidy. School food authorities shall 13 be required to annually apply for this subsidy. After reviewing school 14 food authorities' completed applications for an additional State subsidy 15 pursuant to this section, the Department of Agriculture and Markets 16 shall certify to the State Education Department the school food authori- 17 ties approved for such additional State subsidy and the State Education 18 Department shall pay such additional State subsidy to such school food 19 authorities. 20 [c.] d. The [State Education] Department of Agriculture and Markets 21 shall annually publish information on its website commencing on Septem- 22 ber 1, [2019] 2022 and each September 1 thereafter, relating to each 23 school food authority that applied for and received this additional 24 State subsidy, including but not limited to: the school food authority 25 name, student enrollment, average daily lunch participation, total food 26 costs for its school lunch service program, total cost of food products 27 for its school lunch service program purchased from New York State farm- 28 ers, growers, producers or processors, and the percent of total food 29 costs that were purchased from New York State farmers, growers, produc- 30 ers or processors for its school lunch service program. 31 § 23. Subdivision 1 of section 167 of chapter 169 of the laws of 1994, 32 relating to certain provisions related to the 1994-95 state operations, 33 aid to localities, capital projects and debt service budgets, as amended 34 by section 33 of part A of chapter 56 of the laws of 2020, is amended to 35 read as follows: 36 1. Sections one through seventy of this act shall be deemed to have 37 been in full force and effect as of April 1, 1994 provided, however, 38 that sections one, two, twenty-four, twenty-five and twenty-seven 39 through seventy of this act shall expire and be deemed repealed on March 40 31, 2000; provided, however, that section twenty of this act shall apply 41 only to hearings commenced prior to September 1, 1994, and provided 42 further that section twenty-six of this act shall expire and be deemed 43 repealed on March 31, 1997; and provided further that sections four 44 through fourteen, sixteen, and eighteen, nineteen and twenty-one through 45 twenty-one-a of this act shall expire and be deemed repealed on March 46 31, 1997; and provided further that sections three, fifteen, seventeen, 47 twenty, twenty-two and twenty-three of this act shall expire and be 48 deemed repealed on March 31, [2022] 2024. 49 § 24. Section 12 of chapter 147 of the laws of 2001, amending the 50 education law relating to conditional appointment of school district, 51 charter school or BOCES employees, as amended by section 42 of part A of 52 chapter 56 of the laws of 2021, is amended to read as follows: 53 § 12. This act shall take effect on the same date as chapter 180 of 54 the laws of 2000 takes effect, and shall expire July 1, [2022] 2023 when 55 upon such date the provisions of this act shall be deemed repealed.S. 8006--C 27 A. 9006--C 1 § 25. Section 4 of chapter 425 of the laws of 2002, amending the 2 education law relating to the provision of supplemental educational 3 services, attendance at a safe public school and the suspension of 4 pupils who bring a firearm to or possess a firearm at a school, as 5 amended by section 43 of part A of chapter 56 of the laws of 2021, is 6 amended to read as follows: 7 § 4. This act shall take effect July 1, 2002 and section one of this 8 act shall expire and be deemed repealed June 30, 2019[, and sections two9and three of this act shall expire and be deemed repealed on June 30,102022]. 11 § 26. Section 5 of chapter 101 of the laws of 2003, amending the 12 education law relating to the implementation of the No Child Left Behind 13 Act of 2001, as amended by section 44 of part A of chapter 56 of the 14 laws of 2021, is amended to read as follows: 15 § 5. This act shall take effect immediately[; provided that sections16one, two and three of this act shall expire and be deemed repealed on17June 30, 2022]. 18 § 27. Section 2 of chapter 552 of the laws of 1995, amending the 19 education law relating to contracts for the transportation of school 20 children, as amended by section 45 of part YYY of chapter 59 of the laws 21 of 2019, is amended to read as follows: 22 § 2. This act shall take effect on the first day of January next 23 succeeding the date on which it shall have become a law and shall remain 24 in full force and effect until January 1, [2023] 2028, when upon such 25 date the provisions of this act shall be deemed repealed. 26 § 28. School bus driver training. In addition to apportionments other- 27 wise provided by section 3602 of the education law, for aid payable in 28 the 2022-2023 through the 2026-2027 school years, subject to available 29 appropriation, the commissioner of education shall allocate school bus 30 driver training grants to school districts and boards of cooperative 31 educational services pursuant to sections 3650-a, 3650-b and 3650-c of 32 the education law, or for contracts directly with not-for-profit educa- 33 tional organizations for the purposes of this section. Such payments 34 shall not exceed four hundred thousand dollars ($400,000) per school 35 year. 36 § 29. Special apportionment for salary expenses. a. Notwithstanding 37 any other provision of law, upon application to the commissioner of 38 education, not sooner than the first day of the second full business 39 week of June 2023 and not later than the last day of the third full 40 business week of June 2023, a school district eligible for an apportion- 41 ment pursuant to section 3602 of the education law shall be eligible to 42 receive an apportionment pursuant to this section, for the school year 43 ending June 30, 2023, for salary expenses incurred between April 1 and 44 June 30, 2022 and such apportionment shall not exceed the sum of (i) the 45 deficit reduction assessment of 1990--1991 as determined by the commis- 46 sioner of education, pursuant to paragraph f of subdivision 1 of section 47 3602 of the education law, as in effect through June 30, 1993, plus (ii) 48 186 percent of such amount for a city school district in a city with a 49 population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of 50 such amount for a city school district in a city with a population of 51 more than 195,000 inhabitants and less than 219,000 inhabitants accord- 52 ing to the latest federal census, plus (iv) the net gap elimination 53 adjustment for 2010--2011, as determined by the commissioner of educa- 54 tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi- 55 nation adjustment for 2011--2012 as determined by the commissioner of 56 education pursuant to subdivision 17 of section 3602 of the educationS. 8006--C 28 A. 9006--C 1 law, and provided further that such apportionment shall not exceed such 2 salary expenses. Such application shall be made by a school district, 3 after the board of education or trustees have adopted a resolution to do 4 so and in the case of a city school district in a city with a population 5 in excess of 125,000 inhabitants, with the approval of the mayor of such 6 city. 7 b. The claim for an apportionment to be paid to a school district 8 pursuant to subdivision a of this section shall be submitted to the 9 commissioner of education on a form prescribed for such purpose, and 10 shall be payable upon determination by such commissioner that the form 11 has been submitted as prescribed. Such approved amounts shall be payable 12 on the same day in September of the school year following the year in 13 which application was made as funds provided pursuant to subparagraph 4 14 of paragraph b of subdivision 4 of section 92-c of the state finance 15 law, on the audit and warrant of the state comptroller on vouchers 16 certified or approved by the commissioner of education in the manner 17 prescribed by law from moneys in the state lottery fund and from the 18 general fund to the extent that the amount paid to a school district 19 pursuant to this section exceeds the amount, if any, due such school 20 district pursuant to subparagraph 2 of paragraph a of subdivision 1 of 21 section 3609-a of the education law in the school year following the 22 year in which application was made. 23 c. Notwithstanding the provisions of section 3609-a of the education 24 law, an amount equal to the amount paid to a school district pursuant to 25 subdivisions a and b of this section shall first be deducted from the 26 following payments due the school district during the school year 27 following the year in which application was made pursuant to subpara- 28 graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section 29 3609-a of the education law in the following order: the lottery appor- 30 tionment payable pursuant to subparagraph 2 of such paragraph followed 31 by the fixed fall payments payable pursuant to subparagraph 4 of such 32 paragraph and then followed by the district's payments to the teachers' 33 retirement system pursuant to subparagraph 1 of such paragraph, and any 34 remainder to be deducted from the individualized payments due the 35 district pursuant to paragraph b of such subdivision shall be deducted 36 on a chronological basis starting with the earliest payment due the 37 district. 38 § 30. Special apportionment for public pension accruals. a. Notwith- 39 standing any other provision of law, upon application to the commission- 40 er of education, not later than June 30, 2023, a school district eligi- 41 ble for an apportionment pursuant to section 3602 of the education law 42 shall be eligible to receive an apportionment pursuant to this section, 43 for the school year ending June 30, 2023 and such apportionment shall 44 not exceed the additional accruals required to be made by school 45 districts in the 2004--2005 and 2005--2006 school years associated with 46 changes for such public pension liabilities. The amount of such addi- 47 tional accrual shall be certified to the commissioner of education by 48 the president of the board of education or the trustees or, in the case 49 of a city school district in a city with a population in excess of 50 125,000 inhabitants, the mayor of such city. Such application shall be 51 made by a school district, after the board of education or trustees have 52 adopted a resolution to do so and in the case of a city school district 53 in a city with a population in excess of 125,000 inhabitants, with the 54 approval of the mayor of such city. 55 b. The claim for an apportionment to be paid to a school district 56 pursuant to subdivision a of this section shall be submitted to theS. 8006--C 29 A. 9006--C 1 commissioner of education on a form prescribed for such purpose, and 2 shall be payable upon determination by such commissioner that the form 3 has been submitted as prescribed. Such approved amounts shall be payable 4 on the same day in September of the school year following the year in 5 which application was made as funds provided pursuant to subparagraph 4 6 of paragraph b of subdivision 4 of section 92-c of the state finance 7 law, on the audit and warrant of the state comptroller on vouchers 8 certified or approved by the commissioner of education in the manner 9 prescribed by law from moneys in the state lottery fund and from the 10 general fund to the extent that the amount paid to a school district 11 pursuant to this section exceeds the amount, if any, due such school 12 district pursuant to subparagraph 2 of paragraph a of subdivision 1 of 13 section 3609-a of the education law in the school year following the 14 year in which application was made. 15 c. Notwithstanding the provisions of section 3609-a of the education 16 law, an amount equal to the amount paid to a school district pursuant to 17 subdivisions a and b of this section shall first be deducted from the 18 following payments due the school district during the school year 19 following the year in which application was made pursuant to subpara- 20 graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section 21 3609-a of the education law in the following order: the lottery appor- 22 tionment payable pursuant to subparagraph 2 of such paragraph followed 23 by the fixed fall payments payable pursuant to subparagraph 4 of such 24 paragraph and then followed by the district's payments to the teachers' 25 retirement system pursuant to subparagraph 1 of such paragraph, and any 26 remainder to be deducted from the individualized payments due the 27 district pursuant to paragraph b of such subdivision shall be deducted 28 on a chronological basis starting with the earliest payment due the 29 district. 30 § 30-a. Subdivision a of section 5 of chapter 121 of the laws of 1996, 31 relating to authorizing the Roosevelt union free school district to 32 finance deficits by the issuance of serial bonds, as amended by section 33 46-a of part A of chapter 56 of the laws of 2021, is amended to read as 34 follows: 35 a. Notwithstanding any other provisions of law, upon application to 36 the commissioner of education submitted not sooner than April first and 37 not later than June thirtieth of the applicable school year, the Roose- 38 velt union free school district shall be eligible to receive an appor- 39 tionment pursuant to this chapter for salary expenses, including related 40 benefits, incurred between April first and June thirtieth of such school 41 year. Such apportionment shall not exceed: for the 1996-97 school year 42 through the [2021-22] 2022-23 school year, four million dollars 43 ($4,000,000); for the [2022-23] 2023-24 school year, three million 44 dollars ($3,000,000); for the [2023-24] 2024-25 school year, two million 45 dollars ($2,000,000); for the [2024-25] 2025-26 school year, one million 46 dollars ($1,000,000); and for the [2025-26] 2026-27 school year, zero 47 dollars. Such annual application shall be made after the board of 48 education has adopted a resolution to do so with the approval of the 49 commissioner of education. 50 § 31. Section 1950 of the education law is amended by adding a new 51 subdivision 8-d to read as follows: 52 8-d. Notwithstanding the provision of any law, rule, or regulation to 53 the contrary, the city school district of the city of Rochester, upon 54 the consent of the board of cooperative educational services of the 55 supervisory district serving its geographic region, may purchase fromS. 8006--C 30 A. 9006--C 1 such board as a non-component school district, services required by 2 article nineteen of the education law. 3 § 31-a. Subdivision 6-a of section 140 of chapter 82 of the laws of 4 1995, amending the education law and certain other laws relating to 5 state aid to school districts and the appropriation of funds for the 6 support of government, as amended by section 41 of part YYY of chapter 7 59 of the laws of 2017, is amended to read as follows: 8 (6-a) Section seventy-three of this act shall take effect July 1, 1995 9 and shall be deemed repealed June 30, [2022] 2027; 10 § 32. The amounts specified in this section shall be a set-aside from 11 the state funds which each such district is receiving from the total 12 foundation aid: 13 a. for the development, maintenance or expansion of magnet schools or 14 magnet school programs for the 2022--2023 school year. For the city 15 school district of the city of New York there shall be a set-aside of 16 foundation aid equal to forty-eight million one hundred seventy-five 17 thousand dollars ($48,175,000) including five hundred thousand dollars 18 ($500,000) for the Andrew Jackson High School; for the Buffalo city 19 school district, twenty-one million twenty-five thousand dollars 20 ($21,025,000); for the Rochester city school district, fifteen million 21 dollars ($15,000,000); for the Syracuse city school district, thirteen 22 million dollars ($13,000,000); for the Yonkers city school district, 23 forty-nine million five hundred thousand dollars ($49,500,000); for the 24 Newburgh city school district, four million six hundred forty-five thou- 25 sand dollars ($4,645,000); for the Poughkeepsie city school district, 26 two million four hundred seventy-five thousand dollars ($2,475,000); for 27 the Mount Vernon city school district, two million dollars ($2,000,000); 28 for the New Rochelle city school district, one million four hundred ten 29 thousand dollars ($1,410,000); for the Schenectady city school district, 30 one million eight hundred thousand dollars ($1,800,000); for the Port 31 Chester city school district, one million one hundred fifty thousand 32 dollars ($1,150,000); for the White Plains city school district, nine 33 hundred thousand dollars ($900,000); for the Niagara Falls city school 34 district, six hundred thousand dollars ($600,000); for the Albany city 35 school district, three million five hundred fifty thousand dollars 36 ($3,550,000); for the Utica city school district, two million dollars 37 ($2,000,000); for the Beacon city school district, five hundred sixty- 38 six thousand dollars ($566,000); for the Middletown city school 39 district, four hundred thousand dollars ($400,000); for the Freeport 40 union free school district, four hundred thousand dollars ($400,000); 41 for the Greenburgh central school district, three hundred thousand 42 dollars ($300,000); for the Amsterdam city school district, eight 43 hundred thousand dollars ($800,000); for the Peekskill city school 44 district, two hundred thousand dollars ($200,000); and for the Hudson 45 city school district, four hundred thousand dollars ($400,000). 46 b. Notwithstanding any inconsistent provision of law to the contrary, 47 a school district setting aside such foundation aid pursuant to this 48 section may use such set-aside funds for: (i) any instructional or 49 instructional support costs associated with the operation of a magnet 50 school; or (ii) any instructional or instructional support costs associ- 51 ated with implementation of an alternative approach to promote diversity 52 and/or enhancement of the instructional program and raising of standards 53 in elementary and secondary schools of school districts having substan- 54 tial concentrations of minority students. 55 c. The commissioner of education shall not be authorized to withhold 56 foundation aid from a school district that used such funds in accordanceS. 8006--C 31 A. 9006--C 1 with this paragraph, notwithstanding any inconsistency with a request 2 for proposals issued by such commissioner for the purpose of attendance 3 improvement and dropout prevention for the 2022--2023 school year, and 4 for any city school district in a city having a population of more than 5 one million, the set-aside for attendance improvement and dropout 6 prevention shall equal the amount set aside in the base year. For the 7 2022--2023 school year, it is further provided that any city school 8 district in a city having a population of more than one million shall 9 allocate at least one-third of any increase from base year levels in 10 funds set aside pursuant to the requirements of this section to communi- 11 ty-based organizations. Any increase required pursuant to this section 12 to community-based organizations must be in addition to allocations 13 provided to community-based organizations in the base year. 14 d. For the purpose of teacher support for the 2022--2023 school year: 15 for the city school district of the city of New York, sixty-two million 16 seven hundred seven thousand dollars ($62,707,000); for the Buffalo city 17 school district, one million seven hundred forty-one thousand dollars 18 ($1,741,000); for the Rochester city school district, one million seven- 19 ty-six thousand dollars ($1,076,000); for the Yonkers city school 20 district, one million one hundred forty-seven thousand dollars 21 ($1,147,000); and for the Syracuse city school district, eight hundred 22 nine thousand dollars ($809,000). All funds made available to a school 23 district pursuant to this section shall be distributed among teachers 24 including prekindergarten teachers and teachers of adult vocational and 25 academic subjects in accordance with this section and shall be in addi- 26 tion to salaries heretofore or hereafter negotiated or made available; 27 provided, however, that all funds distributed pursuant to this section 28 for the current year shall be deemed to incorporate all funds distrib- 29 uted pursuant to former subdivision 27 of section 3602 of the education 30 law for prior years. In school districts where the teachers are repres- 31 ented by certified or recognized employee organizations, all salary 32 increases funded pursuant to this section shall be determined by sepa- 33 rate collective negotiations conducted pursuant to the provisions and 34 procedures of article 14 of the civil service law, notwithstanding the 35 existence of a negotiated agreement between a school district and a 36 certified or recognized employee organization. 37 § 33. Support of public libraries. The moneys appropriated for the 38 support of public libraries by a chapter of the laws of 2022 enacting 39 the aid to localities budget shall be apportioned for the 2022--2023 40 state fiscal year in accordance with the provisions of sections 271, 41 272, 273, 282, 284, and 285 of the education law as amended by the 42 provisions of this chapter and the provisions of this section, provided 43 that library construction aid pursuant to section 273-a of the education 44 law shall not be payable from the appropriations for the support of 45 public libraries and provided further that no library, library system or 46 program, as defined by the commissioner of education, shall receive less 47 total system or program aid than it received for the year 2001--2002 48 except as a result of a reduction adjustment necessary to conform to the 49 appropriations for support of public libraries. 50 Notwithstanding any other provision of law to the contrary the moneys 51 appropriated for the support of public libraries for the year 2022--2023 52 by a chapter of the laws of 2022 enacting the education, labor and fami- 53 ly assistance budget shall fulfill the state's obligation to provide 54 such aid and, pursuant to a plan developed by the commissioner of educa- 55 tion and approved by the director of the budget, the aid payable to 56 libraries and library systems pursuant to such appropriations shall beS. 8006--C 32 A. 9006--C 1 reduced proportionately to ensure that the total amount of aid payable 2 does not exceed the total appropriations for such purpose. 3 § 34. Severability. The provisions of this act shall be severable, and 4 if the application of any clause, sentence, paragraph, subdivision, 5 section or part of this act to any person or circumstance shall be 6 adjudged by any court of competent jurisdiction to be invalid, such 7 judgment shall not necessarily affect, impair or invalidate the applica- 8 tion of any such clause, sentence, paragraph, subdivision, section or 9 part of this act or remainder thereof, as the case may be, to any other 10 person or circumstance, but shall be confined in its operation to the 11 clause, sentence, paragraph, subdivision, section or part thereof 12 directly involved in the controversy in which such judgment shall have 13 been rendered. 14 § 35. This act shall take effect immediately, and shall be deemed to 15 have been in full force and effect on and after April 1, 2022, provided, 16 however, that: 17 1. Sections one, two, seven, eight, eleven-b, fourteen, fifteen, 18 sixteen, seventeen, nineteen, twenty-two, twenty-five, twenty-six, twen- 19 ty-eight, thirty-one, and thirty-two, of this act shall take effect July 20 1, 2022; 21 2. Sections three, four, and five shall take effect immediately and 22 shall expire September 30, 2024 when upon such date the provisions of 23 such sections shall be deemed repealed; 24 3. The amendments to paragraph d of subdivision 12 of section 3602-e 25 of the education law made by section seventeen-b of this act shall take 26 effect upon the repeal of subdivision 4 of section 51 of part B of 27 chapter 57 of the laws of 2008, as amended; and 28 4. The amendments to chapter 756 of the laws of 1992, relating to 29 funding a program for work force education conducted by a consortium for 30 worker education in New York city made by sections twenty and twenty-one 31 of this act shall not affect the repeal of such chapter and shall be 32 deemed repealed therewith. 33 PART B 34 Section 1. This Part enacts into law major components of legislation 35 relating to promoting zero-emission school buses. Each component is 36 wholly contained within a Subpart identified as Subparts A and B. The 37 effective date for each particular provision contained within such 38 Subpart is set forth in the last section of such Subpart. Any provision 39 in any section contained within a Subpart, including the effective date 40 of the Subpart, which makes reference to a section "of this act", when 41 used in connection with that particular component, shall be deemed to 42 mean and refer to the corresponding section of the Subpart in which it 43 is found. Section three of this Part sets forth the general effective 44 date of this Part. 45 SUBPART A 46 Section 1. The education law is amended by adding a new section 3638 47 to read as follows: 48 § 3638. Zero-emission school buses. 1. For the purposes of this 49 section "zero-emission school bus" shall mean a school bus that: is 50 propelled by an electric motor and associated power electronics which 51 provide acceleration torque to the drive wheels during normal vehicle 52 operations and draws electricity from a hydrogen fuel cell or battery; 53 or otherwise operates without direct emission of atmospheric pollutants.S. 8006--C 33 A. 9006--C 1 2. (a) No later than July first, two thousand twenty-seven, every 2 school district shall: 3 (i) only purchase or lease zero-emission school buses when purchasing 4 or leasing new buses; 5 (ii) include requirements in any procurement for school transportation 6 services that any contractors providing transportation services for the 7 school district must only purchase or lease zero-emission school buses 8 when purchasing or leasing new school buses; and 9 (iii) include requirements in any procurement for the manufacturing or 10 retrofitting of a zero-emission school bus and charging or fueling 11 infrastructure that the components and parts used or supplied in the 12 performance of the contract or any subcontract thereto shall be produced 13 or made in whole or substantial part in the United States, its territo- 14 ries or possessions and that final assembly of the zero-emission school 15 bus and charging or fueling infrastructure shall occur in the United 16 States, its territories or possessions. 17 (b) The commissioner, in consultation with the New York state energy 18 research and development authority and office of general services, may 19 waive the contracting requirements set forth in subparagraph (iii) of 20 paragraph (a) of this subdivision if the commissioner determines that 21 the requirements would not be in the public interest, would result in 22 unreasonable costs, or that obtaining such zero-emission school buses 23 and charging or fueling infrastructure components and parts in the 24 United States would increase the cost of a school district's contract 25 for zero-emission school buses and charging or fueling infrastructure by 26 an unreasonable amount, or such zero-emission school busses and charging 27 or fueling infrastructure components and parts cannot be produced, made, 28 or assembled in the United States in sufficient and reasonably available 29 quantities or of satisfactory quality. Such determination must be made 30 on an annual basis no later than December thirty-first, after providing 31 notice and an opportunity for public comment, and be made publicly 32 available, in writing, on the department's website with a detailed 33 explanation of the findings leading to such determination. If the 34 commissioner has issued determinations for three consecutive years that 35 no such waiver is warranted pursuant to this paragraph, then the commis- 36 sioner shall no longer be required to provide the annual determinations 37 required by this paragraph. 38 3. No later than July first, two thousand thirty-five, every school 39 district shall: 40 (a) only operate and maintain zero-emission school buses; and 41 (b) include requirements in any procurement for school transportation 42 services that any contractors providing transportation services for the 43 school district must only operate zero-emission school buses when 44 providing such transportation services to the school district. 45 4. A school district may apply to the commissioner, and the department 46 may grant a one-time extension of up to twenty-four months to comply 47 with the requirements of subdivision two of this section. The commis- 48 sioner shall consider a school district's effort to meet the require- 49 ments of subdivision two of this section when granting an extension, 50 including but not limited to, procurement efforts made by the school 51 district, applications for state or federal funds, changes needed to 52 school district operations to meet the requirements of this section, 53 employee training, and receipt of technical assistance, if any. Upon a 54 school district receiving an extension, the New York state energy 55 research and development authority, in consultation with the department,S. 8006--C 34 A. 9006--C 1 shall provide any additional technical assistance necessary to the 2 district to meet the requirements of subdivision two of this section. 3 5. (a) Nothing in this section shall alter the rights or benefits, and 4 privileges, including, but not limited to terms and conditions of 5 employment, civil service status, and collective bargaining unit member- 6 ship, of any current employees of school districts or any entity 7 contracted to provide pupil transportation services, or services attend- 8 ant thereto, including but not limited to drivers, attendants, dispatch- 9 ers, and mechanics. 10 (b) Nothing in this section shall result in: (i) the discharge, 11 displacement, or loss of position, including partial displacement such 12 as a reduction in the hours of non-overtime work, wages, or employment 13 benefits; (ii) the impairment of existing collective bargaining agree- 14 ments; (iii) the transfer of existing duties and functions; or (iv) the 15 transfer of future duties and functions, of any currently employed work- 16 er impacted by the proposed purchase or lease who agrees to be 17 retrained. 18 (c) Prior to the beginning of the procurement process for new zero-em- 19 ission school buses, omnibuses, vehicles, charging infrastructure or 20 equipment, fueling infrastructure or equipment, or other equipment, the 21 school district, private school bus company, or other employer whose 22 workers provide pupil transportation services or services attendant 23 thereto, shall create and implement a workforce development report that: 24 (i) estimates the number of current positions that would be eliminated 25 or substantially changed as a result of the purchase or lease, and the 26 number of positions expected to be created at the school district, 27 private school bus company or other employer whose workers provide pupil 28 transportation services or services attendant thereto by the proposed 29 purchase or lease over the intended life of the proposed purchase or 30 lease; (ii) identifies gaps in skills of its current workforce that are 31 needed to operate and maintain zero-emission school buses, omnibuses, 32 vehicles, charging infrastructure or equipment, fueling infrastructure 33 or equipment, or other equipment; (iii) includes a comprehensive plan to 34 transition, train, or retrain employees that are impacted by the 35 proposed purchase or lease; and (iv) contains an estimated budget to 36 transition, train, or retrain employees that are impacted by the 37 proposed purchase or lease. 38 (d) Nothing in this section shall: (i) limit rights of employees 39 pursuant to a collective bargaining agreement, or (ii) alter the exist- 40 ing representational relationships among collective bargaining represen- 41 tatives or the bargaining relationships between the employer and any 42 collective bargaining representative. Employees of public entities serv- 43 ing in positions in newly created titles shall be assigned to the appro- 44 priate bargaining unit. 45 (e) Prior to beginning the procurement process for zero-emission 46 school buses, omnibuses, vehicles, charging infrastructure or equipment, 47 fueling infrastructure or equipment, or other equipment, any employer of 48 workers covered by this section shall inform its employees' collective 49 bargaining representative of any potential impact on its members or 50 unit, including positions that may be affected, altered, or eliminated 51 as a result of the purchase. 52 6. When purchasing zero-emission school buses and charging or fueling 53 infrastructure, school districts are encouraged to utilize the central- 54 ized contracts for zero emission school buses and charging or fueling 55 infrastructure established by the office of general services.S. 8006--C 35 A. 9006--C 1 § 2. Paragraphs c, d and e of subdivision 2 of section 3623-a of the 2 education law, paragraph c as amended by chapter 453 of the laws of 3 2005, paragraph d as added by chapter 474 of the laws of 1996, and para- 4 graph e as amended by section 68 of part A of chapter 436 of the laws of 5 1997, are amended and a new paragraph f is added to read as follows: 6 c. The purchase of equipment deemed a proper school district expense, 7 including: (i) the purchase of two-way radios to be used on old and new 8 school buses, (ii) the purchase of stop-arms, to be used on old and new 9 school buses, (iii) the purchase and installation of seat safety belts 10 on school buses in accordance with the provisions of section thirty-six 11 hundred thirty-five-a of this article, (iv) the purchase of school bus 12 back up beepers, (v) the purchase of school bus front crossing arms, 13 (vi) the purchase of school bus safety sensor devices, (vii) the 14 purchase and installation of exterior reflective marking on school 15 buses, (viii) the purchase of automatic engine fire extinguishing 16 systems for school buses used to transport students who use wheelchairs 17 or other assistive mobility devices, and (ix) the purchase of other 18 equipment as prescribed in the regulations of the commissioner; [and] 19 d. Other transportation capital, debt service and lease expense, as 20 approved pursuant to regulations of the commissioner[.]; 21 e. Any approved cost of construction, reconstruction, lease or 22 purchase of a transportation storage facility or site in the amount of 23 ten thousand dollars or more shall be aidable in accordance with subdi- 24 vision six of section thirty-six hundred two of this article and shall 25 not be aidable as transportation expense[.]; and 26 f. Approved costs relating to the lease, purchase, construction, or 27 installation of zero-emission school bus electric charging or hydrogen 28 fueling stations. For the purposes of this section, a zero-emission 29 school bus electric charging station is a station that delivers elec- 30 tricity from a source outside a zero-emission school bus into one or 31 more zero-emission school buses. An electric school bus charging station 32 may include several charge points simultaneously connecting several 33 zero-emission school buses to the station and any related equipment 34 needed to facilitate charging plug-in zero-emission school buses. Any 35 work related to the construction or installation of zero-emission school 36 bus electric charging or hydrogen fueling stations under this paragraph 37 shall be considered public work and shall be subject to prevailing wage 38 requirements in accordance with section two hundred twenty and two 39 hundred twenty-b of the labor law. 40 § 3. Paragraph e of subdivision 7 of section 3602 of the education 41 law, as amended by section 4 of part L of chapter 57 of the laws of 42 2005, is amended to read as follows: 43 e. In determining approved transportation capital, debt service and 44 lease expense for aid payable in the two thousand five--two thousand six 45 school year and thereafter, the commissioner, after applying the 46 provisions of paragraph c of this subdivision to such expense, shall 47 establish an assumed amortization pursuant to this paragraph to deter- 48 mine the approved capital, debt service and lease expense of the school 49 district that is aidable in the current year, whether or not the school 50 district issues debt for such expenditures, subject to any deduction 51 pursuant to paragraph d of this subdivision. Such assumed amortization 52 shall be for a period of five years, and for the two thousand twenty- 53 two--two thousand twenty-three school year and thereafter such assumed 54 amortization for zero-emission school buses as defined in section thir- 55 ty-six hundred thirty-eight of this article and related costs pursuant 56 to paragraph f of subdivision two of section thirty-six hundred twenty-S. 8006--C 36 A. 9006--C 1 three-a of this article shall be for a period of twelve years, and shall 2 commence twelve months after the school district enters into a purchase 3 contract[,] or lease of the school bus, charging station, hydrogen fuel- 4 ing station, or equipment, or a general contract for the construction, 5 reconstruction, lease or purchase of a transportation storage facility 6 or site in an amount less than ten thousand dollars[; except that where7expenses were incurred for the purchase or lease of a school bus or8equipment or the construction, reconstruction, lease or purchase of a9transportation storage facility or site prior to July first, two thou-10sand five and debt service was still outstanding or the lease was still11in effect as of such date, the assumed amortization shall commence as of12July first, two thousand five and the period of the amortization shall13be for a period equal to five years less the number of years, rounded to14the nearest year, elapsed from the date upon which the school district15first entered into such purchase contract or general contract and July16first, two thousand five, as determined by the commissioner, or the17remaining term of the lease as of such date]. Such assumed amortization 18 shall provide for equal semiannual payments of principal and interest 19 based on an assumed interest rate established by the commissioner pursu- 20 ant to this paragraph. By the first day of September of the current year 21 commencing with the two thousand five--two thousand six school year, 22 each school district shall provide to the commissioner in a format 23 prescribed by the commissioner such information as the commissioner 24 shall require for all capital debt incurred by such school district 25 during the preceding school year for expenses allowable pursuant to 26 subdivision two of section thirty-six hundred twenty-three-a of this 27 article. Based on such reported amortizations and a methodology 28 prescribed by the commissioner in regulations, the commissioner shall 29 compute an assumed interest rate that shall equal the average of the 30 interest rates applied to all such debt issued during the preceding 31 school year. The assumed interest rate shall be the interest rate of 32 each such school district applicable to the current year for the 33 purposes of this paragraph and shall be expressed as a decimal to five 34 places rounded to the nearest eighth of one-one hundredth. 35 § 4. Subparagraph 7 of paragraph e of subdivision 1 of section 3623-a 36 of the education law, as added by chapter 474 of the laws of 1996, is 37 amended to read as follows: 38 (7) fuel, oil, tires, chains, maintenance and repairs for school 39 buses, provided that for purposes of this article, fuel shall include 40 electricity used to charge or hydrogen used to refuel zero-emission 41 school buses for the aidable transportation of pupils, but shall not 42 include electricity or hydrogen used for other purposes; 43 § 5. Subdivision 29 of paragraph a of section 11.00 of the local 44 finance law, as amended by chapter 300 of the laws of 1971, is amended 45 to read as follows: 46 29. Motor vehicles. The purchase of a motor vehicle, five years. The 47 term "motor vehicle," as used in this subdivision, shall mean a vehicle 48 propelled by any power other than muscular power, except 49 (a) a passenger vehicle, other than a school bus, having a seating 50 capacity of less than ten persons, 51 (b) a vehicle used for fighting fires, 52 (c) a motor cycle, traction engine, and electric truck with small 53 wheels used in warehouses and railroad stations and a vehicle which runs 54 only upon rails or tracks, 55 (d) machinery or apparatus for which a period of probable usefulness 56 has been determined by subdivision twenty-eight of this paragraph, andS. 8006--C 37 A. 9006--C 1 (e) a vehicle which is specially designed for use for the treatment, 2 care or transport of sick or injured persons, and 3 (f) a zero-emission school bus as defined in section three thousand 4 six hundred thirty-eight of the education law. 5 § 6. Subdivision 21-a of section 1604 of the education law, as added 6 by chapter 472 of the laws of 1998, is amended to read as follows: 7 21-a. To lease a motor vehicle or vehicles to be used for the trans- 8 portation of the children of the district from a school district, board 9 of cooperative educational services or county vocational education and 10 extension board or from any other source, under the conditions specified 11 in this subdivision. No such agreement for the lease of a motor vehicle 12 or vehicles shall be for a term of more than one school year, provided 13 that when authorized by a vote of the qualified voters of the district 14 such lease may have a term of up to five years, or twelve years for the 15 lease of zero-emission school buses as defined in section thirty-six 16 hundred thirty-eight of this chapter. Where the trustee or board of 17 trustees enter into a lease of a motor vehicle or vehicles pursuant to 18 this subdivision for a term of one school year or less, such trustee or 19 board shall not be authorized to enter into another lease for the same 20 or an equivalent replacement vehicle or vehicles, as determined by the 21 commissioner, without obtaining approval of the qualified voters of the 22 school district. 23 § 7. Paragraph i of subdivision 25 of section 1709 of the education 24 law, as added by chapter 472 of the laws of 1998, is amended to read as 25 follows: 26 i. In addition to the authority granted in paragraph e of this subdi- 27 vision, the board of education shall be authorized to lease a motor 28 vehicle or vehicles to be used for the transportation of the children of 29 the district from sources other than a school district, board of cooper- 30 ative educational services or county vocational education and extension 31 board under the conditions specified in this paragraph. No such agree- 32 ment for the lease of a motor vehicle or vehicles shall be for a term of 33 more than one school year, provided that when authorized by a vote of 34 the qualified voters of the district such lease may have a term of up to 35 five years, or twelve years for the lease of zero-emission school buses 36 as defined in section thirty-six hundred thirty-eight of this chapter. 37 Where the board of education enters a lease of a motor vehicle or vehi- 38 cles pursuant to this paragraph for a term of one school year or less, 39 such board shall not be authorized to enter into another lease of the 40 same or an equivalent replacement vehicle or vehicles, as determined by 41 the commissioner, without obtaining approval of the voters. 42 § 8. Subdivision 29-a of paragraph a of section 11.00 of the local 43 finance law, as added by section 1 of part BB of chapter 58 of the laws 44 of 2015, is amended to read as follows: 45 29-a. Transit motor vehicles. The purchase of municipally owned omni- 46 bus or similar surface transit motor vehicles, ten years; and the 47 purchase of zero-emission school buses owned by a school district 48 defined pursuant to paragraph two of section 2.00 of this chapter, a 49 city school district with a population of more than one hundred 50 twenty-five thousand inhabitants, or board of cooperative educational 51 services, twelve years. 52 § 9. This act shall take effect immediately. 53 SUBPART BS. 8006--C 38 A. 9006--C 1 Section 1. Section 1854 of the public authorities law is amended by 2 adding two new subdivisions 22 and 23 to read as follows: 3 22. To administer a program to provide technical assistance to school 4 districts, school bus fleet operators and public transportation systems 5 on managing zero-emission vehicle fleets and the charging or fueling 6 infrastructure for such zero-emission vehicle fleets. 7 23. No later than December thirty-first, two thousand twenty-six, and 8 annually thereafter, the authority shall issue a report on the avail- 9 ability of zero-emission school buses and charging or fueling infras- 10 tructure that meet the criteria established in subdivision two of 11 section thirty-six hundred thirty-eight of the education law. The 12 authority shall provide technical assistance to school districts, upon 13 request, in pursuing state and federal grants and other funding opportu- 14 nities to support the purchase and contracting requirements set forth in 15 subdivision two of section thirty-six hundred thirty-eight of the educa- 16 tion law. 17 § 2. The public authorities law is amended by adding a new section 18 1884 to read as follows: 19 § 1884. Zero-emission bus roadmap. 1. The authority, in consultation 20 with the department of public service and the department of transporta- 21 tion, shall create a zero-emission public transportation system and 22 school bus roadmap for the state which shall identify the actions needed 23 to meet the fleet sales and conversion targets established in section 24 thirty-six hundred thirty-eight of the education law. The roadmap shall 25 include but not be limited to: (a) financial and technical guidance 26 related to the purchasing, retrofitting, operation, and maintenance of 27 zero-emission buses; (b) an identification and siting plan for charging 28 and fueling infrastructure; (c) an identification of the necessary 29 investments in the electric transmission and distribution grid; (d) an 30 identification of how to ensure related facility upgrades are coordi- 31 nated to maximize the cost effectiveness and overall system reliability; 32 (e) the available federal, state, and local funding to purchase or lease 33 zero-emission buses or convert existing buses to zero-emissions; (f) an 34 identification of new incentives and programs to advance the deployment 35 and adoption of zero-emission buses; and (g) streamlining actions to 36 facilitate the conversion of public transportation systems and school 37 bus fleets. 38 2. The authority shall convene a technical advisory group made up of 39 diverse stakeholders to provide the authority with relevant technical, 40 policy, and market expertise. The authority shall further develop a 41 stakeholder engagement process to solicit feedback on the roadmap and 42 raise consumer awareness and education across the state. 43 3. The authority shall report its findings and any recommendations to 44 the governor, the temporary president of the senate, and the speaker of 45 the assembly no later than one year after the effective date of this 46 section. The roadmap shall be updated every three years and made 47 publicly available on the authority's website. 48 § 3. This act shall take effect immediately. 49 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 50 sion, section or part of this act shall be adjudged by any court of 51 competent jurisdiction to be invalid, such judgment shall not affect, 52 impair, or invalidate the remainder thereof, but shall be confined in 53 its operation to the clause, sentence, paragraph, subdivision, section 54 or part thereof directly involved in the controversy in which such judg- 55 ment shall have been rendered. It is hereby declared to be the intent ofS. 8006--C 39 A. 9006--C 1 the legislature that this act would have been enacted even if such 2 invalid provisions had not been included herein. 3 § 3. This act shall take effect immediately provided, however, that 4 the applicable effective date of Subparts A and B of this act shall be 5 as specifically set forth in the last section of such Subparts. 6 PART C 7 Intentionally Omitted 8 PART D 9 Section 1. Subparagraph 4-b of paragraph h of subdivision 2 of section 10 355 of the education law, as added by section 1 of part GG of chapter 56 11 of the laws of 2021, is amended to read as follows: 12 (4-b) [(i)] In state fiscal year two thousand twenty-two--two thousand 13 twenty-three and thereafter, the state shall appropriate and make avail- 14 able general fund operating support in the amount of [thirty-three15percent of] the tuition credit calculated pursuant to section six 16 hundred eighty-nine-a of this chapter [for the two thousand twenty-two-17-two thousand twenty-three academic year.18(ii) In state fiscal year two thousand twenty-three--two thousand19twenty-four, the state shall appropriate and make available general fund20operating support in the amount of sixty-seven percent of the tuition21credit calculated pursuant to section six hundred eighty-nine-a of this22chapter for the two thousand twenty-three--two thousand twenty-four23academic year.24(iii) Beginning in state fiscal year two thousand twenty-four--two25thousand twenty-five and thereafter, the state shall appropriate and26make available general fund operating support in the amount of the27tuition credit calculated pursuant to section six hundred eighty-nine-a28of this chapter] annually. 29 § 2. Paragraph (f) of subdivision 7 of section 6206 of the education 30 law, as added by section 2 of part GG of chapter 56 of the laws of 2021, 31 is amended to read as follows: 32 (f) [(i)] In state fiscal year two thousand twenty-two--two thousand 33 twenty-three and thereafter, the state shall appropriate and make avail- 34 able general fund operating support in the amount of [thirty-three35percent of] the tuition credit calculated pursuant to section six 36 hundred eighty-nine-a of this chapter [for the two thousand twenty-two-37-two thousand twenty-three academic year.38(ii) In state fiscal year two thousand twenty-three--two thousand39twenty-four, the state shall appropriate and make available general fund40operating support in the amount of sixty-seven percent of the tuition41credit calculated pursuant to section six hundred eighty-nine-a of this42chapter for the two thousand twenty-three--two thousand twenty-four43academic year.44(iii) Beginning in state fiscal year two thousand twenty-four--two45thousand twenty-five and thereafter, the state shall appropriate and46make available general fund operating support in the amount of the47tuition credit calculated pursuant to section six hundred eighty-nine-a48of this chapter] annually. 49 § 3. This act shall take effect immediately. 50 PART ES. 8006--C 40 A. 9006--C 1 Section 1. Section 667-c of the education law, as added by section 1 2 of part N of chapter 58 of the laws of 2006, is amended to read as 3 follows: 4 § 667-c. Part-time tuition assistance program awards. 1. Notwithstand- 5 ing any law, rule or regulation to the contrary, the president of the 6 higher education services corporation is authorized to make tuition 7 assistance program awards to: 8 a. part-time students enrolled at the state university, a community 9 college, the city university of New York, and a non-profit college or 10 university incorporated by the regents or by the legislature who meet 11 all requirements for tuition assistance program awards except for the 12 students' part-time attendance; or 13 b. part-time students enrolled at a community college in a non-degree 14 workforce credential program directly leading to the employment or 15 advancement of a student in a "significant industry" as identified by 16 the department of labor in its three most recent statewide significant 17 industries reports published preceding the student's enrollment in such 18 non-degree workforce credential program. The state university of New 19 York and the city university of New York shall publish and maintain a 20 master list of all eligible non-degree workforce credential program 21 courses and update such list every semester. A student who successfully 22 completes a non-degree workforce credential program and receives part- 23 time tuition assistance program awards pursuant to this paragraph shall 24 be awarded academic credit by the state university of New York or city 25 university of New York upon matriculation into a degree program at such 26 institution, provided that such credit shall be equal to the correspond- 27 ing credit hours earned in the non-degree workforce credential program. 28 2. For purposes of this section[, a part-time student is one who]: 29 a. for students defined in paragraph a of subdivision one of this 30 section, a part-time student is one who: (i) enrolled as a first-time 31 freshman during the two thousand six--two thousand seven academic year 32 or thereafter at a college or university within the state university, 33 including a statutory or contract college, a community college estab- 34 lished pursuant to article one hundred twenty-six of this chapter, the 35 city university of New York, or a non-profit college or university 36 incorporated by the regents or by the legislature; 37 [b. has earned at least twelve credits in each of two consecutive38semesters at one of the institutions named in paragraph a of this subdi-39vision by the time of the awards;40c.] (ii) is enrolled for at least six but less than twelve semester 41 hours, or the equivalent, per semester in an approved undergraduate 42 degree program; and 43 [d.] (iii) has a cumulative grade-point average of at least 2.00. 44 b. for students defined in paragraph b of subdivision one of this 45 section, a part-time student is one who: (i) meets all requirements for 46 tuition assistance program awards except for the student's part-time 47 attendance and any other requirements that are inconsistent with the 48 student's enrollment in a non-degree workforce credential program; and 49 (ii) is enrolled in an approved non-degree workforce credential 50 program at a community college pursuant to paragraph b of subdivision 51 one of this section. 52 3. a. For part-time students defined in this section, the award shall 53 be calculated as provided in section six hundred sixty-seven of this 54 article and shall be in an amount equal to the enrollment factor percent 55 of the award the student would have been eligible for if the student 56 were enrolled full-time. [The] For part-time students defined in para-S. 8006--C 41 A. 9006--C 1 graph a of subdivision one of this section, the enrollment factor 2 percent is the percentage obtained by dividing the number of credits the 3 student is enrolled in, as certified by the school, by the number of 4 credits required for full-time study in the semester, quarter or term as 5 defined by the commissioner. For part-time students defined in para- 6 graph b of subdivision one of this section, the enrollment factor shall 7 be calculated pursuant to regulations established by the higher educa- 8 tion services corporation. 9 b. [Any] (i) For part-time students defined in paragraph a of subdivi- 10 sion one of this section, any semester, quarter or term of attendance 11 during which a student receives an award pursuant to this section shall 12 be counted as the enrollment factor percent of a semester, quarter or 13 term toward the maximum term of eligibility for tuition assistance 14 awards pursuant to section six hundred sixty-seven of this article. The 15 total period of study for which payment may be made shall not exceed the 16 equivalent of the maximum period authorized for that award. 17 (ii) For part-time students defined in paragraph b of subdivision one 18 of this section, the total period of study for which payment may be made 19 shall not exceed the equivalent of the maximum period authorized for the 20 non-degree workforce credential program pursuant to paragraph b of 21 subdivision one of this section. 22 § 2. This act shall take effect immediately. 23 PART F 24 Section 1. Subparagraph (v) of paragraph b-1 of subdivision 4 of 25 section 661 of the education law is REPEALED. 26 § 2. Subparagraphs (iii) and (iv) of paragraph b-1 of subdivision 4 of 27 section 661 of the education law, as added by section 1 of part Z of 28 chapter 58 of the laws of 2011, are amended to read as follows: 29 (iii) does not maintain good academic standing pursuant to paragraph c 30 of subdivision six of section six hundred sixty-five of this subpart, 31 and if there is no applicable existing academic standards schedule 32 pursuant to such subdivision, then such recipient shall be placed on the 33 academic standards schedule applicable to students enrolled in a four- 34 year or five-year undergraduate program; or 35 (iv) is in default in the repayment of any state or federal student 36 loan, has failed to comply with the terms of any service condition 37 imposed by an academic performance award made pursuant to this article, 38 or has failed to make a refund of any award[; or]. 39 § 3. Paragraph d of subdivision 6 of section 661 of the education law 40 is REPEALED. 41 § 4. This act shall take effect immediately. 42 PART G 43 Section 1. Subdivision 2 of section 669-h of the education law, as 44 amended by section 1 of part G of chapter 56 of the laws of 2021, is 45 amended to read as follows: 46 2. Amount. Within amounts appropriated therefor and based on avail- 47 ability of funds, awards shall be granted beginning with the two thou- 48 sand seventeen--two thousand eighteen academic year and thereafter to 49 applicants that the corporation has determined are eligible to receive 50 such awards. The corporation shall grant such awards in an amount up to 51 five thousand five hundred dollars or actual tuition, whichever is less; 52 provided, however, (a) a student who receives educational grants and/orS. 8006--C 42 A. 9006--C 1 scholarships that cover the student's full cost of attendance shall not 2 be eligible for an award under this program; and (b) an award under this 3 program shall be applied to tuition after the application of payments 4 received under the tuition assistance program pursuant to section six 5 hundred sixty-seven of this subpart, tuition credits pursuant to section 6 six hundred eighty-nine-a of this article, federal Pell grant pursuant 7 to section one thousand seventy of title twenty of the United States 8 code, et seq., and any other program that covers the cost of attendance 9 unless exclusively for non-tuition expenses, and the award under this 10 program shall be reduced in the amount equal to such payments, provided 11 that the combined benefits do not exceed five thousand five hundred 12 dollars. Upon notification of an award under this program, the institu- 13 tion shall defer the amount of tuition. Notwithstanding paragraph h of 14 subdivision two of section three hundred fifty-five and paragraph (a) of 15 subdivision seven of section six thousand two hundred six of this chap- 16 ter, and any other law, rule or regulation to the contrary, the under- 17 graduate tuition charged by the institution to recipients of an award 18 shall not exceed the tuition rate established by the institution for the 19 two thousand sixteen--two thousand seventeen academic year provided, 20 however, that in the two thousand [twenty-three] twenty-two--two thou- 21 sand [twenty-four] twenty-three academic year and every year thereafter, 22 the undergraduate tuition charged by the institution to recipients of an 23 award shall be reset to equal the tuition rate established by the insti- 24 tution for the forthcoming academic year, provided further that the 25 tuition credit calculated pursuant to section six hundred eighty-nine-a 26 of this article shall be applied toward the tuition rate charged for 27 recipients of an award under this program. Provided further that the 28 state university of New York and the city university of New York shall 29 provide an additional tuition credit to students receiving an award to 30 cover the remaining cost of tuition. 31 § 2. This act shall take effect immediately. 32 PART H 33 Section 1. Subdivision 5 of section 695-b of the education law, as 34 amended by chapter 535 of the laws of 2000, is amended to read as 35 follows: 36 5. "Eligible educational institution" shall mean (a) any institution 37 of higher education defined as an eligible educational institution in 38 section 529(e)(5) of the Internal Revenue Code of 1986, as amended, or 39 (b) any apprenticeship program described in section 529(c)(8) of the 40 Internal Revenue Code of 1986, as amended. 41 § 2. This act shall take effect immediately. 42 PART I 43 Intentionally Omitted 44 PART J 45 Intentionally Omitted 46 PART KS. 8006--C 43 A. 9006--C 1 Intentionally Omitted 2 PART L 3 Section 1. Subdivision 2 of section 410-u of the social services law, 4 as added by section 52 of part B of chapter 436 of the laws of 1997, is 5 amended to read as follows: 6 2. The state block grant for child care shall be divided into two 7 parts pursuant to a plan developed by the department and approved by the 8 director of the budget. One part shall be retained by the state to 9 provide child care on a statewide basis to special groups and for 10 activities to increase the availability and/or quality of child care 11 programs, including, but not limited to, the start-up of child care 12 programs, the operation of child care resource and referral programs, 13 training activities, the regulation and monitoring of child care 14 programs, the development of computerized data systems, and consumer 15 education, provided however, that child care resource and referral 16 programs funded under title five-B of article six of this chapter shall 17 meet additional performance standards developed by the department of 18 social services including but not limited to: increasing the number of 19 child care placements for persons who are at or below two hundred 20 percent of the state income standard, or three hundred percent of the 21 state income standard effective August first, two thousand twenty-two, 22 provided such persons are at or below eighty-five percent of the state 23 median income, with emphasis on placements supporting local efforts in 24 meeting federal and state work participation requirements, increasing 25 technical assistance to all modalities of legal child care to persons 26 who are at or below two hundred percent of the state income standard, or 27 three hundred percent of the state income standard[,] effective August 28 first, two thousand twenty-two, provided such persons are at or below 29 eighty-five percent of the state median income, including the provision 30 of training to assist providers in meeting child care standards or regu- 31 latory requirements, and creating new child care opportunities, and 32 assisting social services districts in assessing and responding to child 33 care needs for persons at or below two hundred percent of the state 34 income standard, or three hundred percent of the state income standard 35 effective August first, two thousand twenty-two, provided such persons 36 are at or below eighty-five percent of the state median income. The 37 department shall have the authority to withhold funds from those agen- 38 cies which do not meet performance standards. Agencies whose funds are 39 withheld may have funds restored upon achieving performance standards. 40 The other part shall be allocated to social services districts to 41 provide child care assistance to families receiving family assistance 42 and to other low income families. 43 § 2. Subdivisions 1 and 3 of section 410-w of the social services law, 44 as amended by chapter 569 of the laws of 2001, are amended a new subdi- 45 vision 10 is added to read as follows: 46 1. A social services district may use the funds allocated to it from 47 the block grant to provide child care assistance to: 48 (a) families receiving public assistance when such child care assist- 49 ance is necessary: to enable a parent or caretaker relative to engage in 50 work, participate in work activities or perform a community service 51 pursuant to title nine-B of article five of this chapter; to enable a 52 teenage parent to attend high school or other equivalent training 53 program; because the parent or caretaker relative is physically orS. 8006--C 44 A. 9006--C 1 mentally incapacitated; or because family duties away from home necessi- 2 tate the parent or caretaker relative's absence; child day care shall be 3 provided during breaks in activities, for a period of up to two weeks. 4 Such child day care may be authorized for a period of up to one month if 5 child care arrangements shall be lost if not continued, and the program 6 or employment is scheduled to begin within such period; 7 (b) families with incomes up to two hundred percent of the state 8 income standard, or three hundred percent of the state income standard 9 effective August first, two thousand twenty-two who are attempting 10 through work activities to transition off of public assistance when such 11 child care is necessary in order to enable a parent or caretaker rela- 12 tive to engage in work provided such families' public assistance has 13 been terminated as a result of increased hours of or income from employ- 14 ment or increased income from child support payments or the family 15 voluntarily ended assistance; [and,] provided that the family received 16 public assistance at least three of the six months preceding the month 17 in which eligibility for such assistance terminated or ended or provided 18 that such family has received child care assistance under subdivision 19 four of this section; and provided, the family income does not exceed 20 eighty-five percent of the state median income; 21 (c) families with incomes up to two hundred percent of the state 22 income standard, or three hundred percent of the state income standard 23 effective August first, two thousand twenty-two, which are determined in 24 accordance with the regulations of the department to be at risk of 25 becoming dependent on family assistance; provided, the family income 26 does not exceed eighty-five percent of the state median income; 27 (d) families with incomes up to two hundred percent of the state 28 income standard, or three hundred percent of the state income standard 29 effective August first, two thousand twenty-two, who are attending a 30 post secondary educational program [and working at least seventeen and31one-half hours per week]; provided, the family income does not exceed 32 eighty-five percent of the state median income; and 33 (e) other families with incomes up to two hundred percent of the state 34 income standard, or three hundred percent of the state income standard 35 effective August first, two thousand twenty-two, which the social 36 services district designates in its consolidated services plan as eligi- 37 ble for child care assistance in accordance with criteria established by 38 the department; provided, the family income does not exceed eighty-five 39 percent of the state median income. 40 3. A social services district shall guarantee child care assistance to 41 families in receipt of public assistance with children under thirteen 42 years of age when such child care assistance is necessary for a parent 43 or caretaker relative to engage in work or participate in work activ- 44 ities pursuant to the provisions of title nine-B of article five of this 45 chapter. Child care assistance shall continue to be guaranteed for such 46 a family for a period of twelve months after the month in which the 47 family's eligibility for public assistance has terminated or ended when 48 such child care is necessary in order to enable the parent or caretaker 49 relative to engage in work, provided that the family's public assistance 50 has been terminated as a result of an increase in the hours of or income 51 from employment or increased income from child support payments or 52 because the family voluntarily ended assistance; that the family 53 received public assistance in at least three of the six months preceding 54 the month in which eligibility for such assistance terminated or ended 55 or provided that such family has received child care assistance under 56 subdivision four of this section; [and] that the family's income doesS. 8006--C 45 A. 9006--C 1 not exceed two hundred percent of the state income standard, or three 2 hundred percent of the state income standard effective August first, two 3 thousand twenty-two; and that the family income does not exceed eighty- 4 five percent of the state median income. Such child day care shall 5 recognize the need for continuity of care for the child and a district 6 shall not move a child from an existing provider unless the participant 7 consents to such move. 8 10. For the purposes of this section, the term "state median income" 9 means the most recent state median income data published by the bureau 10 of the census, for a family of the same size, updated by the department 11 for a family size of four and adjusted by the department for family 12 size. 13 § 3. This act shall take effect immediately; provided, however, that 14 section two of this act shall take effect June 1, 2022. 15 PART M 16 Section 1. Section 3 of part N of chapter 56 of the laws of 2020, 17 amending the social services law relating to restructuring financing for 18 residential school placements, as amended by section 1 of part I of 19 chapter 56 of the laws of 2021, is amended to read as follows: 20 § 3. This act shall take effect immediately and shall expire and be 21 deemed repealed April 1, [2022] 2023; provided however that the amend- 22 ments to subdivision 10 of section 153 of the social services law made 23 by section one of this act, shall not affect the expiration of such 24 subdivision and shall be deemed to expire therewith. 25 § 2. This act shall take effect immediately. 26 PART N 27 Section 1. Section 28 of part C of chapter 83 of the laws of 2002, 28 amending the executive law and other laws relating to funding for chil- 29 dren and family services, as amended by section 1 of subpart A of part K 30 of chapter 56 of the laws of 2017, is amended to read as follows: 31 § 28. This act shall take effect immediately; provided that sections 32 nine through eighteen and twenty through twenty-seven of this act shall 33 be deemed to have been in full force and effect on and after April 1, 34 2002; provided, however, that section fifteen of this act shall apply to 35 claims that are otherwise reimbursable by the state on or after April 1, 36 2002 except as provided in subdivision 9 of section 153-k of the social 37 services law as added by section fifteen of this act; provided further 38 however, that nothing in this act shall authorize the office of children 39 and family services to deny state reimbursement to a social services 40 district for violations of the provisions of section 153-d of the social 41 services law for services provided from January 1, 1994 through March 42 31, 2002; provided that section nineteen of this act shall take effect 43 September 13, 2002 and shall expire and be deemed repealed June 30, 44 2012; and, provided further, however, that notwithstanding any law to 45 the contrary, the office of children and family services shall have the 46 authority to promulgate, on an emergency basis, any rules and regu- 47 lations necessary to implement the requirements established pursuant to 48 this act; provided further, however, that the regulations to be devel- 49 oped pursuant to section one of this act shall not be adopted by emer- 50 gency rule; and provided further that the provisions of sections nine 51 through eighteen and twenty through twenty-seven of this act shall 52 expire and be deemed repealed on June 30, [2022] 2027.S. 8006--C 46 A. 9006--C 1 § 2. This act shall take effect immediately. 2 PART O 3 Section 1. Section 398-a of the social services law is amended by 4 adding a new subdivision 2-c to read as follows: 5 (2-c) Those social services districts that as of July first, two thou- 6 sand twenty-two were paying at least one hundred percent of the applica- 7 ble rates published by the office of children and family services for 8 the two thousand twenty-two--two thousand twenty-three rate year for 9 care provided to foster children in regular, therapeutic, special needs, 10 and emergency foster boarding homes shall pay for the two thousand twen- 11 ty-two--two thousand twenty-three rate year and for each subsequent rate 12 year thereafter at least one hundred percent of the applicable rates 13 published by the office of children and family services for that rate 14 year. Those social services districts that as of July first, two thou- 15 sand twenty-two were paying less than the applicable rates published by 16 the office of children and family services for the two thousand twenty- 17 two--two thousand twenty-three rate year for care provided to foster 18 children in regular, therapeutic, special needs and emergency foster 19 boarding homes shall increase their rates of payment so that: effective 20 July first, two thousand twenty-two the difference between the percent- 21 age of the applicable rates published by the office of children and 22 family services for the two thousand twenty-two--two thousand twenty- 23 three rate year and the rates such districts are paying is at least 24 one-half less than the difference between the percentage of the applica- 25 ble rates published by the office of children and family services for 26 the two thousand twenty-two--two thousand twenty-three rate year and the 27 rates that such districts were paying for such programs on July first, 28 two thousand twenty-two; and effective July first, two thousand twenty- 29 three for the two thousand twenty-three--two thousand twenty-four rate 30 year and for each subsequent year thereafter all social services 31 districts shall pay at least one hundred percent of the applicable rates 32 published by the office of children and family services for the applica- 33 ble rate year. 34 § 2. This act shall take effect immediately. 35 PART P 36 Intentionally Omitted 37 PART Q 38 Intentionally Omitted 39 PART R 40 Section 1. Subdivision 1 of section 359 of the executive law, as 41 amended by section 42 of part AA of chapter 56 of the laws of 2019, is 42 amended to read as follows: 43 1. A local director shall designate the location of the local and 44 branch offices of the local veterans' service agency within his or her 45 jurisdiction, which offices shall be open during convenient hours. The 46 cost of maintenance and operation of a county veterans' service agencyS. 8006--C 47 A. 9006--C 1 shall be a county charge and the cost of maintenance and operation of a 2 city veterans' service agency shall be a city charge, excepting that the 3 state director with the approval of the veterans' services commission 4 shall allot and pay, from state moneys made available to him or her for 5 such purposes, to each county veterans' service agency and each city 6 veterans' service agency, an amount equal to fifty per centum of its 7 expenditures for maintenance and operation approved by the state direc- 8 tor, provided that in no event shall the amount allotted and paid for 9 such approved expenditures incurred in any given year exceed (1) in the 10 case of any county veterans' service agency in a county having a popu- 11 lation of not more than one hundred thousand or in the case of any city 12 veterans' service agency in a city having a population of not more than 13 one hundred thousand, the sum of [ten] twenty-five thousand dollars, nor 14 (2) in the case of any county veterans' service agency in a county 15 having a population in excess of one hundred thousand excluding the 16 population of any city therein which has a city veterans' service agen- 17 cy, the sum of [ten] twenty-five thousand dollars, and, in addition 18 thereto, the sum of five thousand dollars for each one hundred thousand, 19 or major portion thereof, of the population of the county in excess of 20 one hundred thousand excluding the population of any city therein which 21 has a city veterans' service agency, nor (3) in the case of any city 22 veterans' service agency in a city having a population in excess of one 23 hundred thousand, the sum of [ten] twenty-five thousand dollars, and, in 24 addition thereto, the sum of five thousand dollars for each one hundred 25 thousand, or major portion thereof, of the population of the city in 26 excess of one hundred thousand. Such population shall be certified in 27 the same manner as provided by section fifty-four of the state finance 28 law. 29 § 2. This act shall take effect immediately and shall apply to all 30 expenditures made on and after April 1, 2022. 31 PART S 32 Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of 33 section 131-o of the social services law, as amended by section 1 of 34 part P of chapter 56 of the laws of 2021, are amended to read as 35 follows: 36 (a) in the case of each individual receiving family care, an amount 37 equal to at least [$152.00] $161.00 for each month beginning on or after 38 January first, two thousand [twenty-one] twenty-two. 39 (b) in the case of each individual receiving residential care, an 40 amount equal to at least [$176.00] $186.00 for each month beginning on 41 or after January first, two thousand [twenty-one] twenty-two. 42 (c) in the case of each individual receiving enhanced residential 43 care, an amount equal to at least [$210.00] $222.00 for each month 44 beginning on or after January first, two thousand [twenty-one] twenty- 45 two. 46 (d) for the period commencing January first, two thousand [twenty-two] 47 twenty-three, the monthly personal needs allowance shall be an amount 48 equal to the sum of the amounts set forth in subparagraphs one and two 49 of this paragraph: 50 (1) the amounts specified in paragraphs (a), (b) and (c) of this 51 subdivision; and 52 (2) the amount in subparagraph one of this paragraph, multiplied by 53 the percentage of any federal supplemental security income cost of 54 living adjustment which becomes effective on or after January first, twoS. 8006--C 48 A. 9006--C 1 thousand [twenty-two] twenty-three, but prior to June thirtieth, two 2 thousand [twenty-two] twenty-three, rounded to the nearest whole dollar. 3 § 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of 4 section 209 of the social services law, as amended by section 2 of part 5 P of chapter 56 of the laws of 2021, are amended to read as follows: 6 (a) On and after January first, two thousand [twenty-one] twenty-two, 7 for an eligible individual living alone, [$881.00] $928.00; and for an 8 eligible couple living alone, [$1,295.00] $1,365.00. 9 (b) On and after January first, two thousand [twenty-one] twenty-two, 10 for an eligible individual living with others with or without in-kind 11 income, [$817.00] $864.00; and for an eligible couple living with others 12 with or without in-kind income, [$1,237.00] $1,307.00. 13 (c) On and after January first, two thousand [twenty-one] twenty-two, 14 (i) for an eligible individual receiving family care, [$1,060.48] 15 $1,107.48 if he or she is receiving such care in the city of New York or 16 the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an 17 eligible couple receiving family care in the city of New York or the 18 county of Nassau, Suffolk, Westchester or Rockland, two times the amount 19 set forth in subparagraph (i) of this paragraph; or (iii) for an eligi- 20 ble individual receiving such care in any other county in the state, 21 [$1,022.48] $1,069.48; and (iv) for an eligible couple receiving such 22 care in any other county in the state, two times the amount set forth in 23 subparagraph (iii) of this paragraph. 24 (d) On and after January first, two thousand [twenty-one] twenty-two, 25 (i) for an eligible individual receiving residential care, [$1,229.00] 26 $1,276.00 if he or she is receiving such care in the city of New York or 27 the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an 28 eligible couple receiving residential care in the city of New York or 29 the county of Nassau, Suffolk, Westchester or Rockland, two times the 30 amount set forth in subparagraph (i) of this paragraph; or (iii) for an 31 eligible individual receiving such care in any other county in the 32 state, [$1,199.00] $1,246.00; and (iv) for an eligible couple receiving 33 such care in any other county in the state, two times the amount set 34 forth in subparagraph (iii) of this paragraph. 35 (e) On and after January first, two thousand [twenty-one] twenty-two, 36 (i) for an eligible individual receiving enhanced residential care, 37 [$1,488.00] $1,535.00; and (ii) for an eligible couple receiving 38 enhanced residential care, two times the amount set forth in subpara- 39 graph (i) of this paragraph. 40 (f) The amounts set forth in paragraphs (a) through (e) of this subdi- 41 vision shall be increased to reflect any increases in federal supple- 42 mental security income benefits for individuals or couples which become 43 effective on or after January first, two thousand [twenty-two] twenty- 44 three but prior to June thirtieth, two thousand [twenty-two] twenty- 45 three. 46 § 3. This act shall take effect December 31, 2022. 47 PART T 48 Section 1. Section 4 of part W of chapter 54 of the laws of 2016, as 49 amended by section 1 of part M of chapter 56 of the laws of 2019, amend- 50 ing the social services law relating to the powers and duties of the 51 commissioner of social services relating to the appointment of a tempo- 52 rary operator, is amended to read as follows: 53 § 4. This act shall take effect immediately and shall be deemed to 54 have been in full force and effect on and after April 1, 2016, providedS. 8006--C 49 A. 9006--C 1 further that this act shall expire and be deemed repealed March 31, 2 [2022] 2025. 3 § 2. This act shall take effect immediately. 4 PART U 5 Section 1. Subdivision 4 of section 158 of the social services law, as 6 amended by section 44 of part B of chapter 436 of the laws of 1997, is 7 amended to read as follows: 8 4. Social services officials shall determine eligibility for safety 9 net assistance within [forty-five] thirty days of receiving an applica- 10 tion for safety net assistance. Such officials shall notify applicants 11 of safety net assistance about the availability of assistance to meet 12 emergency circumstances or to prevent eviction. 13 § 2. Subdivision 8 of section 153 of the social services law, as 14 amended by chapter 41 of the laws of 1992, is amended to read as 15 follows: 16 8. Any inconsistent provision of the law or regulation of the depart- 17 ment notwithstanding, state reimbursement shall not be made for any 18 expenditure made for the duplication of any grant and allowance for any 19 period, except as authorized by subdivision eleven of section one 20 hundred thirty-one of this chapter[, or for any home relief payment made21for periods prior to forty-five days after the filing of an application22unless the district determines pursuant to department regulations that23such assistance is required to meet emergency circumstances or prevent24eviction]. Notwithstanding any other provision of law, social services 25 districts are not required to provide [home relief] safety net assist- 26 ance to any person, otherwise eligible, if state reimbursement is not 27 available in accordance with this subdivision. 28 § 3. Subparagraphs (ii) and (iii) of paragraph (a) of subdivision 8 of 29 section 131-a of the social services law, subparagraph (ii) as amended 30 by section 12 of part B of chapter 436 of the laws of 1997 and subpara- 31 graph (iii) as amended by chapter 246 of the laws of 2002, are amended 32 to read as follows: 33 (ii) fifty percent of the earned income for such month of any recipi- 34 ent; provided, however, that such percentage amount shall be adjusted in 35 June of each year to reflect changes in the most recently issued poverty 36 guidelines of the United States Bureau of the Census, such that a house- 37 hold of three without special needs, living in a heated apartment in New 38 York city and without unearned income would become ineligible for 39 assistance with gross earnings equal to the poverty level in such guide- 40 lines; 41 (iii) from the earned income of any child, applicant, recipient, or 42 relative applying for or receiving aid pursuant to such program, or of 43 any other individual living in the same household as such relative and 44 child whose needs are taken into account in making such determination, 45 [the first ninety] one hundred fifty dollars of the [total of such] 46 earned income for such month that remains after application of subpara- 47 graph (ii) of this paragraph; 48 [(iii) forty-two percent of the earned income for such month of any49recipient in a household containing a dependent child which remains50after application of all other subparagraphs of this paragraph;51provided, however, that such percentage amount shall be adjusted in June52of each year, commencing in nineteen hundred ninety-eight, to reflect53changes in the most recently issued poverty guidelines of the United54States Bureau of the Census, such that a household of three withoutS. 8006--C 50 A. 9006--C 1special needs, living in a heated apartment in New York city and without2unearned income would become ineligible for assistance with gross earn-3ings equal to the poverty level in such guidelines; provided, however,4that no assistance shall be given to any household with gross earned and5unearned income, exclusive of income described in subparagraphs (i) and6(vi) of this paragraph, in excess of such poverty level;] 7 § 4. Subdivision 10 of section 131-a of the social services law is 8 REPEALED. 9 § 5. Subdivision 1 of section 131-n of the social services law, as 10 separately amended by chapters 323 and 329 of the laws of 2019, is 11 amended to read as follows: 12 1. The following resources shall be exempt and disregarded in calcu- 13 lating the amount of benefits of any household under any public assist- 14 ance program: (a) cash and liquid or nonliquid resources up to two thou- 15 sand five hundred dollars for applicants, [or] three thousand seven 16 hundred fifty dollars for applicants in [the case of] households in 17 which any member is sixty years of age or older or is disabled or ten 18 thousand dollars for recipients, (b) an amount up to four thousand six 19 hundred fifty dollars in a separate bank account established by an indi- 20 vidual while currently in receipt of assistance for the sole purpose of 21 enabling the individual to purchase a first or replacement vehicle for 22 the recipient to seek, obtain or maintain employment, so long as the 23 funds are not used for any other purpose, (c) an amount up to one thou- 24 sand four hundred dollars in a separate bank account established by an 25 individual while currently in receipt of assistance for the purpose of 26 paying tuition at a two-year or four-year accredited post-secondary 27 educational institution, so long as the funds are not used for any other 28 purpose, (d) the home which is the usual residence of the household, (e) 29 one automobile, up to ten thousand dollars fair market value, through 30 March thirty-first, two thousand seventeen; one automobile, up to eleven 31 thousand dollars fair market value, from April first, two thousand 32 seventeen through March thirty-first, two thousand eighteen; and one 33 automobile, up to twelve thousand dollars fair market value, beginning 34 April first, two thousand eighteen and thereafter, or such other higher 35 dollar value as the local social services district may elect to adopt, 36 (f) one burial plot per household member as defined in department regu- 37 lations, (g) bona fide funeral agreements up to a total of one thousand 38 five hundred dollars in equity value per household member, (h) funds in 39 an individual development account established in accordance with subdi- 40 vision five of section three hundred fifty-eight of this chapter and 41 section four hundred three of the social security act, (i) for a period 42 of six months, real property which the household is making a good faith 43 effort to sell, in accordance with department regulations and tangible 44 personal property necessary for business or for employment purposes in 45 accordance with department regulations, and (j) funds in a qualified 46 tuition program that satisfies the requirement of section 529 of the 47 Internal Revenue Code of 1986, as amended, and [(j)] (k) funds in a New 48 York achieving a better life experience savings account established in 49 accordance with article eighty-four of the mental hygiene law. 50 If federal law or regulations require the exemption or disregard of 51 additional income and resources in determining need for family assist- 52 ance, or medical assistance not exempted or disregarded pursuant to any 53 other provision of this chapter, the department may, by regulations 54 subject to the approval of the director of the budget, require social 55 services officials to exempt or disregard such income and resources.S. 8006--C 51 A. 9006--C 1 Refunds resulting from earned income tax credits shall be disregarded in 2 public assistance programs. 3 § 6. This act shall take effect October 1, 2022; provided, however, 4 that effective immediately, any percentage adjustments reflecting chang- 5 es in the poverty guidelines of the United States Bureau of the Census 6 required in subparagraph (iii) of paragraph (a) of subdivision 8 of 7 section 131-a of the social services law through September 30, 2022, and 8 in subparagraph (ii) of paragraph (a) of subdivision 8 of section 131-a 9 of the social services law on and after October 1, 2022, shall not take 10 effect in the year 2022; and provided further that the amendments to 11 subdivision 1 of section 131-n of the social services law made by 12 section five of this act shall not affect the expiration of such section 13 and shall be deemed to expire therewith. 14 PART V 15 Intentionally Omitted 16 PART W 17 Intentionally Omitted 18 PART X 19 Intentionally Omitted 20 PART Y 21 Intentionally Omitted 22 PART Z 23 Section 1. Notwithstanding any other provision of law, the housing 24 trust fund corporation may provide, for purposes of the neighborhood 25 preservation program, a sum not to exceed $12,930,000 for the fiscal 26 year ending March 31, 2023. Within this total amount, $250,000 shall be 27 used for the purpose of entering into a contract with the neighborhood 28 preservation coalition to provide technical assistance and services to 29 companies funded pursuant to article 16 of the private housing finance 30 law. Notwithstanding any other provision of law, and subject to the 31 approval of the New York state director of the budget, the board of 32 directors of the state of New York mortgage agency shall authorize the 33 transfer to the housing trust fund corporation, for the purposes of 34 reimbursing any costs associated with neighborhood preservation program 35 contracts authorized by this section, a total sum not to exceed 36 $12,930,000, such transfer to be made from (i) the special account of 37 the mortgage insurance fund created pursuant to section 2429-b of the 38 public authorities law, in an amount not to exceed the actual excess 39 balance in the special account of the mortgage insurance fund, as deter- 40 mined and certified by the state of New York mortgage agency for the 41 fiscal year 2021-2022 in accordance with section 2429-b of the public 42 authorities law, if any, and/or (ii) provided that the reserves in theS. 8006--C 52 A. 9006--C 1 project pool insurance account of the mortgage insurance fund created 2 pursuant to section 2429-b of the public authorities law are sufficient 3 to attain and maintain the credit rating (as determined by the state of 4 New York mortgage agency) required to accomplish the purposes of such 5 account, the project pool insurance account of the mortgage insurance 6 fund, such transfer to be made as soon as practicable but no later than 7 June 30, 2022. 8 § 2. Notwithstanding any other provision of law, the housing trust 9 fund corporation may provide, for purposes of the rural preservation 10 program, a sum not to exceed $5,460,000 for the fiscal year ending March 11 31, 2023. Within this total amount, $250,000 shall be used for the 12 purpose of entering into a contract with the rural housing coalition 13 to provide technical assistance and services to companies funded pursu- 14 ant to article 17 of the private housing finance law. Notwithstanding 15 any other provision of law, and subject to the approval of the New York 16 state director of the budget, the board of directors of the state of New 17 York mortgage agency shall authorize the transfer to the housing trust 18 fund corporation, for the purposes of reimbursing any costs associated 19 with rural preservation program contracts authorized by this section, a 20 total sum not to exceed $5,460,000, such transfer to be made from (i) 21 the special account of the mortgage insurance fund created pursuant to 22 section 2429-b of the public authorities law, in an amount not to exceed 23 the actual excess balance in the special account of the mortgage insur- 24 ance fund, as determined and certified by the state of New York mortgage 25 agency for the fiscal year 2021-2022 in accordance with section 2429-b 26 of the public authorities law, if any, and/or (ii) provided that the 27 reserves in the project pool insurance account of the mortgage insurance 28 fund created pursuant to section 2429-b of the public authorities law 29 are sufficient to attain and maintain the credit rating (as determined 30 by the state of New York mortgage agency) required to accomplish the 31 purposes of such account, the project pool insurance account of the 32 mortgage insurance fund, such transfer to be made as soon as practicable 33 but no later than June 30, 2022. 34 § 3. Notwithstanding any other provision of law, the housing trust 35 fund corporation may provide, for purposes of the rural rental assist- 36 ance program pursuant to article 17-A of the private housing finance 37 law, a sum not to exceed $21,630,000 for the fiscal year ending March 38 31, 2023. Notwithstanding any other provision of law, and subject to 39 the approval of the New York state director of the budget, the board of 40 directors of the state of New York mortgage agency shall authorize the 41 transfer to the housing trust fund corporation, for the purposes of 42 reimbursing any costs associated with rural rental assistance program 43 contracts authorized by this section, a total sum not to exceed 44 $21,630,000, such transfer to be made from (i) the special account of 45 the mortgage insurance fund created pursuant to section 2429-b of the 46 public authorities law, in an amount not to exceed the actual excess 47 balance in the special account of the mortgage insurance fund, as deter- 48 mined and certified by the state of New York mortgage agency for the 49 fiscal year 2021-2022 in accordance with section 2429-b of the public 50 authorities law, if any, and/or (ii) provided that the reserves in the 51 project pool insurance account of the mortgage insurance fund created 52 pursuant to section 2429-b of the public authorities law are sufficient 53 to attain and maintain the credit rating, as determined by the state of 54 New York mortgage agency, required to accomplish the purposes of such 55 account, the project pool insurance account of the mortgage insuranceS. 8006--C 53 A. 9006--C 1 fund, such transfer shall be made as soon as practicable but no later 2 than June 30, 2022. 3 § 4. This act shall take effect immediately. 4 PART AA 5 Intentionally Omitted 6 PART BB 7 Intentionally Omitted 8 PART CC 9 Intentionally Omitted 10 PART DD 11 Intentionally Omitted 12 PART EE 13 Intentionally Omitted 14 PART FF 15 Intentionally Omitted 16 PART GG 17 Section 1. The executive law is amended by adding a new section 202-a 18 to read as follows: 19 § 202-a. Language translation services. 1. Each state agency that 20 provides direct public services in New York state shall translate all 21 vital documents relevant to services offered by the agency into the 22 twelve most common non-English languages spoken by limited-English 23 proficient individuals in the state, based on the data in the most 24 recent American Community Survey published by United States Census 25 Bureau. Agencies subject to this section, in their discretion, may offer 26 up to four additional languages beyond the twelve most common languages. 27 Such additional languages shall be decided by the state agency in 28 consultation with the office of general services and approved by the 29 office of general services based on the number of limited-English profi- 30 cient immigrants of five years or less in New York state in need of 31 language translation services according to the American Community 32 Survey, including the growth of recent arrival populations in the 33 geographic regions in which the agency's services are offered, the popu- 34 lation of limited-English proficient individuals served by the agency, 35 feedback from impacted community or advocacy groups, and any other rele- 36 vant data published by the United States Census Bureau.S. 8006--C 54 A. 9006--C 1 2. Each agency subject to the provisions of this section shall desig- 2 nate a language access coordinator who will work with the office of 3 general services to ensure compliance with the requirements of this 4 section. 5 3. Each agency subject to the provisions of this section shall develop 6 a language access plan and submit such plan to the office of general 7 services. 8 (a) An agency's initial language access plan shall be issued by the 9 agency within ninety days of the effective date of this section. 10 (b) Language access plans shall be updated and reissued every two 11 years on or before January first. 12 (c) Language access plans shall set forth, at a minimum: 13 (i) when and by what means the agency will provide or is already 14 providing language assistance services; 15 (ii) the titles of all available translated documents and the 16 languages into which they have been translated; 17 (iii) the number of public contact positions in the agency and the 18 number of bilingual employees in public contact positions, and the 19 languages such employees speak; 20 (iv) a training plan for agency employees which includes, at minimum, 21 annual training on the language access policies of the agency and train- 22 ing in how to provide language assistance services; 23 (v) a plan for annual internal monitoring of the agency's compliance 24 with this section; 25 (vi) a description of how the agency intends to notify the public of 26 the agency's offered language assistance services; 27 (vii) an assessment of the agency's service populations to determine 28 whether additional languages of translation should be added beyond the 29 top twelve languages; 30 (viii) an explanation as to how the agency determined it would provide 31 any additional language beyond the top twelve languages required by this 32 section; and 33 (ix) the identity of the agency's language access coordinator. 34 4. Each agency subject to the provisions of this section shall: 35 (a) provide interpretation services between the agency and an individ- 36 ual in each individual's primary language with respect to the provision 37 of services or benefits by the agency; and 38 (b) publish the agency's language access plan on the agency's website. 39 5. For purposes of this section, "vital document" means any paper or 40 digital document that contains information that is critical for obtain- 41 ing agency services or benefits or is otherwise required to be completed 42 by law. 43 6. The office of general services will ensure agency compliance with 44 this section and shall prepare an annual report, which shall be made 45 public on the office of general services website, detailing each agen- 46 cy's progress and compliance with this section. 47 § 2. This act shall take effect July 1, 2022. 48 PART HH 49 Section 1. Section 211 of the retirement and social security law is 50 amended by adding a new subdivision 9 to read as follows: 51 9. Notwithstanding the provisions of this section, sections two 52 hundred twelve and four hundred one of this chapter and section five 53 hundred three of the education law and any other law, regulation, rule, 54 local law, or charter to the contrary, a retired person may be employedS. 8006--C 55 A. 9006--C 1 and earn compensation in a position or positions in the service of a 2 school district or a board of cooperative educational services in the 3 state without any effect on his or her status as retired and without 4 suspension or diminution of his or her retirement allowance and without 5 prior approval pursuant to subdivision two of this section. Earnings 6 received as a result of employment in a school district or a board of 7 cooperative educational services in the state shall not be applied to a 8 retired person's earnings when calculating the earnings limitations 9 imposed by subdivisions one and two of section two hundred twelve of 10 this article. 11 § 2. This act shall take effect immediately and shall expire and be 12 deemed repealed June 30, 2023. 13 PART II 14 Intentionally Omitted 15 PART JJ 16 Section 1. Section 33 of chapter 277 of the laws of 2021 amending the 17 labor law relating to the calculation of weekly employment insurance 18 benefits for workers who are partially unemployed, as amended by chapter 19 305 of the laws of 2021, is amended to read as follows: 20 § 33. This act shall take effect on the thirtieth day after it shall 21 have become a law; provided, however, that sections one through thirty 22 of this act shall take effect on April 1, [2022] 2023 or thirty days 23 after the commissioner of labor certifies that the department of labor 24 has an information technology system capable of accommodating the amend- 25 ments in this act, whichever occurs earlier; provided that section thir- 26 ty-one of this act shall take effect on the thirtieth day after it shall 27 have become a law and shall be applicable to new claims on such date and 28 thereafter and shall be deemed repealed on the same date as the remain- 29 ing provisions of this act take effect. In a manner consistent with the 30 provisions of this section, the commissioner of labor shall notify the 31 legislative bill drafting commission upon issuing his or her certif- 32 ication in order that the commission may maintain an accurate and timely 33 effective data base of the official text of the laws of the state of New 34 York in furtherance of effecting the provisions of section 44 of the 35 legislative law and section 70-b of the public officers law, and 36 provided further that the amendments to subdivision 1 of section 591 of 37 the labor law made by section twelve of this act shall be subject to the 38 expiration and reversion of such subdivision pursuant to section 10 of 39 chapter 413 of the laws of 2003, as amended, when upon such date the 40 provisions of section thirteen of this act shall take effect; provided 41 further that the amendments to section 591-a of the labor law made by 42 section fifteen of this act shall not affect the repeal of such section 43 and shall be deemed repealed therewith. 44 § 2. This act shall take effect immediately. 45 PART KK 46 Section 1. The office of temporary and disability assistance shall 47 develop program materials which will be made available to utilities and 48 community agencies for the purpose of informing the public about the 49 availability of existing and new utility assistance programs. LocalS. 8006--C 56 A. 9006--C 1 social service districts may contract for the provision of an outreach 2 program to inform potentially eligible households of the availability of 3 assistance pursuant to section 131-s of the social services law. 4 § 2. This act shall take effect immediately. 5 PART LL 6 Section 1. Section 36-c of the social services law is amended by 7 adding a new subdivision 5 to read as follows: 8 5. Upon the effective date of this subdivision, such social services 9 district shall suspend implementation of the demonstration program, 10 provided that (a) the recipient's need for the shelter component of 11 temporary housing assistance shall not be reduced by the portion of a 12 recipient's earned income that the recipient would have been required 13 under subdivision two of this section to deposit in a savings plan, and 14 (b) funds collected from recipients pursuant to this section prior to 15 the effective date of this subdivision shall continue to be treated and 16 made payable to recipients in accordance with the provisions of subdivi- 17 sion three of this section. 18 § 2. Subdivision c of section 2 of part K of chapter 58 of the laws of 19 2010 amending the social services law relating to establishing the 20 savings plan demonstration project, as amended by section 2 of part DD 21 of chapter 56 of the laws of 2018, is amended to read as follows: 22 c. this act shall expire and be deemed repealed March 31, [2022] 2030. 23 § 3. This act shall take effect immediately, provided, however, that 24 the amendments to section 36-c of the social services law made by 25 section one of this act shall not affect the expiration and repeal of 26 such section and shall be deemed to expire and repeal therewith. 27 PART MM 28 Section 1. Section 106 of the social services law is REPEALED. 29 § 2. This act shall take effect immediately. 30 PART NN 31 Section 1. By September 1, 2023, the state university of New York and 32 the city university of New York shall each submit a report to the gover- 33 nor, the temporary president of the senate, and the speaker of the 34 assembly detailing the hiring of faculty at their respective insti- 35 tutions in the two thousand twenty-two-two thousand twenty-three academ- 36 ic year pursuant to any state funding appropriated for such purposes. 37 Such report shall include, but not be limited to, the following informa- 38 tion: 39 1. the number of faculty hired, including a breakdown, by campus, of 40 the number of full-time tenured faculty, full-time tenure-track faculty, 41 full-time non-tenure track faculty, part-time faculty, adjunct faculty, 42 lecturers, visiting faculty, and any other related position; 43 2. the number of unfilled faculty positions at each campus; 44 3. the ratio of full-time faculty to full-time equivalent students at 45 each campus; 46 4. the number of credit hours taught by full-time faculty, per year; 47 5. the number of credit hours taught by part-time faculty, per year; 48 andS. 8006--C 57 A. 9006--C 1 6. deidentified demographic data of faculty hired, including but not 2 limited to age, race, gender, military or veteran status, and disabled 3 status. 4 § 2. This act shall take effect immediately. 5 PART OO 6 Section 1. Paragraph b of subdivision 3 of section 679-c of the educa- 7 tion law, as amended by section 1 of part E-3 of chapter 57 of the laws 8 of 2007, is amended to read as follows: 9 b. [The total cost of the Senator Patricia K. McGee nursing faculty10scholarship program shall not exceed an annual cost of two million11dollars, and no] No annual award shall exceed twenty thousand dollars. 12 § 2. Subdivision 3 of section 679-f of the education law, as added by 13 section 1 of part Y of chapter 56 of the laws of 2014, is amended to 14 read as follows: 15 3. Awards. [No greater than ten awards] Awards shall be granted to 16 qualified applicants in the amount of up to ten thousand dollars per 17 year, per applicant, not to exceed a duration of five years and not to 18 exceed the total amount of such applicant's student loan debt. The 19 corporation shall grant such awards within amounts appropriated for such 20 purposes and based on the availability of funds. No one applicant shall 21 receive more than a total of fifty thousand dollars upon the end of a 22 five year period. 23 § 3. This act shall take effect immediately. 24 PART PP 25 Section 1. Articles 17, 17-A and 17-B of the executive law and subdi- 26 vision 1-c of section 247 of the military law are REPEALED. 27 § 2. Chapter 13 of the consolidated laws is enacted to read as 28 follows: 29 CHAPTER 13 OF THE CONSOLIDATED LAWS 30 VETERANS' SERVICES 31 ARTICLE 1 32 DEPARTMENT OF VETERANS' SERVICES 33 Section 1. Definitions. 34 2. Department of veterans' services. 35 3. Veterans' services commission. 36 4. General functions, powers and duties of department. 37 5. Veteran speaker education program. 38 6. Cooperation and facilities of other departments. 39 7. Information on status of veterans receiving assistance. 40 8. New York state supplemental burial allowance for members of 41 the uniformed services of the United States killed in 42 combat or duty subject to hostile fire or imminent danger, 43 as defined in 37 USC § 310. 44 9. New York state veteran burial fund. 45 10. Time within which marriage may be solemnized; member of the 46 uniformed services. 47 11. Use of personal confidential information obtained from 48 veterans or family members of veterans receiving services 49 from the state and political subdivisions thereof. 50 12. Acceptance of gifts. 51 13. State veterans' service agency. 52 14. Local veterans' service agencies.S. 8006--C 58 A. 9006--C 1 15. Powers and duties of local veterans' service agencies. 2 16. Location and cost of local veterans' service agencies; depu- 3 ty local directors. 4 17. Local veterans' service committees. 5 18. Appropriations for expenses and activities of local veter- 6 ans' service agencies. 7 19. Women veterans coordinator. 8 20. Women veterans advisory committee. 9 21. Creation of annuity. 10 22. Evidence of entitlement. 11 23. Persons who may receive annuity. 12 24. New York state veterans' cemeteries. 13 25. Veterans health screening. 14 26. Payment to parents of veterans. 15 27. Cremated remains of a veteran. 16 28. New York state silver rose veterans service certificate. 17 29. Intake forms for admission and residency. 18 § 1. Definitions. When used in this article: 19 1. The term "department" means the department of veterans' services. 20 2. The term "state commissioner" means the New York state commissioner 21 of veterans' services. 22 3. The term "veteran" means a person who served on active duty in the 23 uniformed services of the United States, or in the army national guard, 24 air national guard, or service as a commissioned officer in the public 25 health service, commissioned officer of the national oceanic and atmo- 26 spheric administration or environmental sciences services adminis- 27 tration, cadet at a United States armed forces service academy, and who 28 has been released from such service under other than dishonorable condi- 29 tions. 30 4. The term "uniformed services" means the army, navy, marine corps, 31 air force, space force, coast guard, public health commissioned corps, 32 and the national oceanic and atmospheric administration commissioned 33 officer corps of the United States. 34 5. The term "local director" means the director of a county or city 35 veterans' service agency. 36 6. The term "county director" means a local director of a county 37 veterans' service agency. 38 7. The term "city director" means a local director of a city veterans' 39 service agency. 40 8. The term "qualifying condition" means a diagnosis of post-traumatic 41 stress disorder or traumatic brain injury made by, or an experience of 42 military sexual trauma, as described in 38 USC 1720D, as amended from 43 time to time, disclosed to, an individual licensed to provide health 44 care services at a United States Department of Veterans Affairs facility 45 or an individual licensed to provide health care services within the 46 state of New York. The department shall develop a standardized form used 47 to confirm that the veteran has a qualifying condition under this subdi- 48 vision. 49 9. The term "discharged LGBT veteran" means a veteran who was 50 discharged less than honorably from the uniformed services due to their 51 sexual orientation or gender identity or expression, as those terms are 52 defined in section two hundred ninety-two of the executive law, or 53 statements, consensual sexual conduct, or consensual acts relating to 54 sexual orientation, gender identity or expression, or the disclosure of 55 such statements, conduct, or acts, that were prohibited by the branch of 56 the uniformed services at the time of discharge. The department shallS. 8006--C 59 A. 9006--C 1 establish a consistent and uniform process to determine whether a veter- 2 an qualifies as a discharged LGBT veteran under this subdivision, 3 including, at a minimum, standards for verifying a veteran's status as a 4 discharged LGBT veteran, and a method of demonstrating eligibility as a 5 discharged LGBT veteran. 6 § 2. Department of veterans' services. There is hereby created a 7 department of veterans' services. The head of such department shall be 8 the New York state commissioner of veterans' services who shall be a 9 veteran. He or she shall be appointed by the governor and shall hold 10 office during his or her pleasure. Such state commissioner shall receive 11 an annual salary to be fixed by the governor within the limitation 12 provided by law. He or she shall also be entitled to receive his or her 13 expenses actually and necessarily incurred by him or her in the perform- 14 ance of his or her duties. The state commissioner, with the approval of 15 the governor, may establish such bureaus within the department as are 16 necessary and appropriate to carrying out its functions and may consol- 17 idate or abolish such bureaus. The state commissioner may appoint such 18 officers, consultants, clerks and other employees and agents as he or 19 she may deem necessary, fix their compensation within the limitation 20 provided by law, and prescribe their duties. 21 § 3. Veterans' services commission. 1. There shall be in the depart- 22 ment a veterans' services commission, which shall consist of the members 23 and the ex officio members provided for in this section. 24 2. There shall be thirteen members of the commission who shall be 25 veterans appointed by the governor, including two appointed on recommen- 26 dation of the temporary president of the senate, one appointed on recom- 27 mendation of the minority leader of the senate, two appointed on recom- 28 mendation of the speaker of the assembly, and one appointed on 29 recommendation of the minority leader of the assembly. The appointment 30 of members made by the governor without recommendation shall be subject 31 to advice and consent of the senate. The members of the commission 32 shall serve for terms of three years each. Appointed members presently 33 serving on the commission shall continue to serve for the remainder of 34 the term appointed. Any member chosen to fill a vacancy of such an 35 appointed member occurring otherwise than by expiration of term shall be 36 appointed for the remainder of the unexpired term of the member whom he 37 or she is to succeed. Members appointed as provided in this subdivision 38 shall receive no salary or other compensation, but each shall be enti- 39 tled to receive expenses actually and necessarily incurred in the 40 performance of their duties. 41 3. Ex officio members. (a) The adjutant general of the state of New 42 York shall be an ex officio member of the commission. 43 (b) In addition, the state commissioner may appoint the head of any 44 other state agency or their designee as a non-voting, ex officio member 45 of the commission. Such appointments shall expire annually on December 46 thirty-first unless such appointments are renewed by the state commis- 47 sioner. 48 4. One of the members of the commission, which shall include the adju- 49 tant general, shall be designated as chairperson by the governor. The 50 designation shall be in writing and shall be filed with the commission. 51 5. The commission shall have power, and it shall be its duty, to 52 assist the state commissioner in the formulation of policies affecting 53 veterans and in the coordination of all operations of state agencies 54 relating to veterans' services. 55 § 4. General functions, powers and duties of department. The depart- 56 ment, by and through the state commissioner or his or her duly author-S. 8006--C 60 A. 9006--C 1 ized officer or employee, shall have the following functions, powers and 2 duties: 3 1. To coordinate the program and activities of departments, divisions, 4 boards, bureaus, commissions or agencies of the state or of any poli- 5 tical subdivision of the state in providing services and facilities to 6 members of the uniformed services and to veterans who are residents of 7 this state and their families. 8 2. To maintain liaison with other public officials and agencies 9 concerned with the development or execution of plans for members of the 10 uniformed services and veterans who are residents of this state, and 11 their families, and to assist in the development and execution of such 12 plans. 13 3. To establish, direct and supervise a state veterans' services agen- 14 cy; and to create or designate other agencies of the department to aid 15 and assist in the discharge of one or more of its functions, powers or 16 duties under this article, and grant authority to such agencies as may 17 be deemed necessary for the effective accomplishment of any of such 18 functions, powers or duties. 19 4. To operate and maintain veterans benefits advisement and to admin- 20 ister benefits for members of the uniformed services and veterans who 21 are residents of this state, and their families. 22 5. To provide seminars three times per year at locations throughout 23 the state to advise veterans and their surviving spouses, who are age 24 sixty-two or older, of veterans' benefits for which they may be eligible 25 from the state and federal governments, and the means of obtaining such 26 benefits. 27 6. To provide seminars three times per year at locations throughout 28 the state to advise women veterans of their benefits for which they may 29 be eligible from the state and federal governments, the means of obtain- 30 ing such benefits and other topics, including, but not limited to, 31 health care issues of specific interest to women veterans. 32 7. To provide in cooperation with the office of general services and 33 the office of the comptroller a series of seminars, that shall be 34 conducted four or more times per year at regional sites located through- 35 out the state of New York for the purpose of advising veteran-owned 36 businesses regarding the opportunities available for obtaining procure- 37 ment contracts from New York state agencies, municipalities, and author- 38 ities. Furthermore the seminars shall provide requirements and training 39 that will enable veteran-owned businesses to successfully participate in 40 the procurement process. 41 8. To execute and assist in the execution of plans for the efficient 42 utilization of the resources and facilities of the state in matters 43 related to members of the uniformed services and veterans who are resi- 44 dents of this state, and their families. 45 9. To make studies and analyses and develop and execute plans for 46 assistance and benefits to members of the uniformed services and veter- 47 ans who are residents of this state, and their families, and the 48 creation of agencies, institutions and facilities therefor. 49 10. To prepare and submit a report, in consultation with the office of 50 temporary and disability assistance, department of labor, and office of 51 children and family services to determine the number of homeless persons 52 in New York state that are veterans. Such report shall include, but not 53 be limited to, the following information to the extent it is reasonably 54 accessible to the department: (a) an analysis of veterans in New York 55 state who are currently homeless, or have been homeless within five 56 years of being released from active duty including an analysis of genderS. 8006--C 61 A. 9006--C 1 as it relates to homelessness of veterans; (b) data on the number of 2 children of homeless veterans, including the current placement of such 3 children; (c) cases of military sexual trauma experienced by homeless 4 veterans while on active duty or during military training, including a 5 breakdown of the collected data based upon the gender of the victim; and 6 (d) the unemployment rate for New York state veterans. The term "chil- 7 dren of homeless veterans" shall mean a person who is unmarried and who 8 is under the age of eighteen years, and is the biological or legally 9 adopted child of a veteran. The report shall be delivered to the gover- 10 nor, the speaker of the assembly and the temporary president of the 11 senate by June thirtieth, two thousand twenty and every three years 12 thereafter. Such report shall be publicly available and posted on the 13 department of veterans' services website. 14 11. To develop and encourage plans for the occupational reorientation 15 of veterans who are residents of this state, including the determination 16 and certification of civilian equivalents for military experience and 17 the development and encouragement of on-the-job training and apprentice- 18 ship training programs. Furthermore, the department shall provide an 19 internet connection to correlate military occupations and skills into 20 civilian translations and terms. 21 12. To provide information regarding resources that are available to 22 assist veterans in establishing and sustaining a small business by main- 23 taining a small business portal on the department's internet website. 24 Such portal shall provide virtual links to appropriate government 25 programs including, but not limited to the United States Department of 26 Veterans' Affairs. The department may consult with the New York State 27 Small Business Development Center and any other appropriate state agen- 28 cies. The department shall make reference to this information in its 29 newsletter, at the three seminars sponsored by the department pursuant 30 to subdivisions five, six, and seven of this section and the annual 31 report to the governor and the legislature as provided in subdivision 32 seventeen of this section. Such information required under this subdivi- 33 sion shall be maintained and updated annually. The information may also 34 be made available in printed form. 35 13. To provide information regarding resources that are available to 36 assist veterans in obtaining employment by maintaining a veterans' 37 employment portal on the department's internet website. Such portal 38 shall provide virtual links to appropriate governmental programs on the 39 federal and state level, including, but not limited to the United States 40 department of labor and the New York state department of labor. The 41 department may consult with members of the community devoted to helping 42 veterans obtain employment. The department shall make reference to this 43 information pursuant to subdivisions five, six, and seven of this 44 section and the annual report to the governor and the legislature as 45 provided in subdivision seventeen of this section. Such information 46 required under this subdivision shall be maintained and updated annual- 47 ly. The information may also be made available in printed form. 48 14. To adopt, promulgate, amend and rescind suitable rules and regu- 49 lations to carry out the provisions of this article. 50 15. To recommend to the legislature and the governor legislative 51 proposals for the benefit of members of the uniformed services and 52 veterans who are residents of this state, and their families. 53 16. To exercise and perform such other functions, powers and duties as 54 may be deemed necessary to protect the interests and promote the welfare 55 of members of the uniformed services and veterans who are residents of 56 this state, and their families.S. 8006--C 62 A. 9006--C 1 17. To render each year to the governor and to the legislature a writ- 2 ten report of the activities and recommendations of the department. 3 18. (a) For the purpose of providing for the construction, establish- 4 ment, expansion, improvement, support, operation, maintenance and the 5 provision of perpetual care for state veterans' cemeteries, to seek 6 funding from, and make application for funding to: 7 (1) the government of the United States, including any agency or 8 public authority thereof; 9 (2) the government of the state of New York, including any agency or 10 public authority thereof; 11 (3) any political subdivision of the government of the state of New 12 York, including any agency or public authority thereof; or 13 (4) any private individual, corporation or foundation; 14 (b) Pursuant to section twenty-three of this article, to provide for 15 the construction, establishment, expansion, improvement, support, opera- 16 tion, maintenance and the provision of perpetual care for state veterans 17 cemeteries; 18 (c) To expend moneys from the veterans remembrance and cemetery main- 19 tenance and operation fund, established pursuant to section ninety-sev- 20 en-mmmm of the state finance law; and 21 (d) To evaluate, monitor and otherwise oversee the operation of veter- 22 ans cemeteries in this state. 23 19. To make application to the government of the United States or any 24 political subdivision, agency or instrumentality thereof, for funds for 25 the purpose of providing an optional fund for the burial of veterans who 26 (i) were honorably discharged or (ii) had a qualifying condition, as 27 defined in section one of this article, and received a discharge other 28 than bad conduct or dishonorable, or (iii) were a discharged LGBT veter- 29 an, as defined in section one of this article, and received a discharge 30 other than bad conduct or dishonorable, in any not-for-profit cemetery 31 corporation in this state; provided, however, that all costs associated 32 with the establishment of such optional fund shall be borne by the poli- 33 tical subdivision, agency or instrumentality with which the department 34 has contracted. 35 20. To establish, operate and maintain a toll-free telephone number, 36 under the supervision of the state commissioner, for the purpose of 37 providing callers thereof with information relating to services provided 38 by the department as well as services and programs provided to veterans 39 by other agencies, bureaus and organizations. Such services and programs 40 shall include, but not be limited to, educational and job benefits, 41 tuition assistance programs, survivor benefits, health and mental health 42 referrals and real property tax exemptions. 43 21. To establish, operate and maintain a free mobile application, 44 under the supervision of the state commissioner, for the purposes of 45 providing veterans and their family members with information, available 46 on a region-specific basis, relating to services provided by the depart- 47 ment as well as services and programs provided to veterans by other 48 state agencies, the federal government, and other organizations. Such 49 services and programs shall include, but not be limited to educational 50 and job benefits, tuition assistance programs, survivor benefits, health 51 and mental health referrals, and real property tax exemptions. The 52 department's website shall contain a link to the free mobile applica- 53 tion. 54 22. To develop, jointly with the commissioner of education, a form by 55 which the parent or person in parental relation to a designated child 56 may, should he or she so elect, report to the department that a parentS. 8006--C 63 A. 9006--C 1 of such child is a veteran of the uniformed services who served in Viet- 2 nam during the Vietnam conflict. This form shall: (i) clearly state that 3 the parent or person in parental relation is not required to provide the 4 information requested and that the information will have no bearing upon 5 the services the child will receive; (ii) state that the information 6 will be used exclusively for research purposes and explain those 7 research purposes in plain language; and (iii) provide the address to 8 which the form is to be mailed, should the parent or person in parental 9 relation elect to make such report. For the purposes of this subdivi- 10 sion, the term "designated child" shall mean a child designated by a 11 school district committee on special education pursuant to section 12 forty-four hundred two of the education law as either learning disabled 13 or emotionally disturbed. 14 23. To process all information received from nursing homes and resi- 15 dential health care facilities, including assisted living and assisted 16 living residences as defined in section forty-six hundred fifty-one of 17 the public health law, and adult care facilities authorized under title 18 two of article seven of the social services law, indicating veteran or 19 veteran spouse status. Such processing shall occur by transmitting such 20 information to veterans benefits advisors for review and potential link- 21 age to applicable benefits, including but not limited to federal aid and 22 attendance and a federal improved pension program. Veterans benefits 23 advisors shall work with county veterans service officers or any accred- 24 ited service officers of an organization chartered by the congress of 25 the United States and/or recognized by the department of veterans 26 affairs for claim representation as necessary and where appropriate. 27 Such information shall be protected as personal confidential information 28 under article six-A of the public officers law against disclosure of 29 confidential material, and shall be used only to assist in providing 30 linkage to applicable benefits and entitlements under federal and state 31 law. 32 24. To include within the annual report as required by subdivision 33 seventeen of this section an accounting of the number of forms received 34 from nursing homes and residential health care facilities, including 35 assisted living and assisted living residences as defined in section 36 forty-six hundred fifty-one of the public health law, and adult care 37 facilities authorized under title two of article seven of the social 38 services law, and the specific number of veterans and spouses of veter- 39 ans linked to applicable benefits, including, but not limited to federal 40 aid and attendance and a federal improved pension program. Such report 41 shall evaluate the average time taken by the department between receipt 42 of such information, transmission to veterans benefits advisors and 43 linkage to available benefits. Such report shall also evaluate the 44 effectiveness of the program and make recommendations for improvements 45 as necessary. 46 25. To encourage the development of and to provide for the establish- 47 ment of a state women veterans coordinator, as provided in section nine- 48 teen of this article. 49 26. To make available information on accident prevention courses 50 approved by the commissioner of motor vehicles online on the depart- 51 ment's website. The department shall provide a link to the department of 52 motor vehicles website pages containing information on the accident 53 prevention courses. 54 27. To provide information regarding resources that are available to 55 assist veterans who experience mental health or substance abuse prob- 56 lems, and veterans with physical disabilities, by maintaining mentalS. 8006--C 64 A. 9006--C 1 health, substance abuse and physical disabilities portals on the depart- 2 ment's internet website. Such portals shall provide virtual links to 3 appropriate governmental programs on the federal and state levels and 4 information on suicide prevention, peer outreach and support, and 5 services that address the special needs of physically disabled veterans. 6 The department may consult with the office of mental health, the office 7 of addiction services and supports, the department of health and the 8 department of labor. The department shall make reference to this infor- 9 mation provided pursuant to subdivisions five and six of this section 10 and in the annual report to the governor and the legislature required 11 pursuant to subdivision seventeen of this section. Such information 12 required under this subdivision shall be maintained and updated annual- 13 ly. 14 28. To include within the annual report as required by subdivision 15 seventeen of this section an accounting of the number of veteran-owned 16 small businesses in the state of New York, to be listed by the following 17 designations: small business concern owned and controlled by veterans as 18 set forth in 15 U.S.C. section 632(Q)(3), as amended from time to time, 19 and service disabled veteran-owned business enterprise as set forth in 20 article three of this chapter. Such listing shall include but not be 21 limited to the name of the veteran owner or owners of each business, 22 location of each such business, the type of each such business and when- 23 ever practicable, be divided into categories of labor, services, equip- 24 ment, materials and recognized construction trades. The department shall 25 request this information annually from the U.S. department of veterans 26 affairs, any other appropriate federal agencies and the department of 27 service-disabled veterans' business development within the New York 28 state office of general services. 29 29. To maintain a fact sheet on the department's webpage containing 30 (a) contact information for all veterans integrated service networks 31 located within the state, (b) current contact information for the United 32 States veterans health administration including VA medical centers and 33 clinics and (c) contact information for each New York State veterans' 34 home. The fact sheet shall be entitled, "Information for Veterans 35 concerning Health Care Options" and shall be updated annually. 36 30. To maintain a listing on the department's website of the local 37 veterans' service agencies established pursuant to section fourteen of 38 this article with the name, location, hours of operation and contact 39 information of each county and city veterans' service agency. The 40 department shall also provide this information in its annual report to 41 the governor and the legislature as required pursuant to subdivision 42 seventeen of this section. Information under this subdivision shall be 43 provided to the department by each local veterans' service agency and 44 shall be updated annually. 45 31. To maintain a discharge upgrade advisory board program within the 46 department to provide written non-binding advisory opinions to veterans 47 of the state of New York appealing their character of discharge from the 48 discharge review board or the board for corrections of military records 49 for their branch of service on the federal level. Individuals may 50 submit an application with evidence, including all relevant documents, 51 which shall be reviewed by the discharge upgrade advisory board program 52 in a timely manner. If such board finds the veteran's application for a 53 discharge upgrade is meritorious, then the board will provide the veter- 54 an with a written opinion advocating for the discharge review board or 55 board for corrections of military or naval records to grant that veter- 56 an's appeal. The department shall post information on the dischargeS. 8006--C 65 A. 9006--C 1 upgrade advisory board program on its official webpage. The annual 2 report required by subdivision seventeen of this section shall contain 3 information including, but not limited to, the number of cases reviewed, 4 and the number of cases where a veteran's application was found to be 5 meritorious. 6 32. To provide information regarding resources that are available to 7 assist veterans who experienced military sexual trauma while on active 8 duty or during military training, by maintaining a military sexual trau- 9 ma portal on the department's internet website. Such portal shall 10 provide virtual links to appropriate governmental programs on the feder- 11 al and state levels. The department may consult with the office of 12 mental health and the department of health. The department shall make 13 reference to this information provided pursuant to subdivisions five and 14 six of this section and in the annual report to the governor and the 15 legislature required pursuant to subdivision seventeen of this section. 16 Such information required under this subdivision shall be maintained and 17 updated annually. 18 33. To make widely available to the public via, among other things, 19 publication on the department's website and free mobile application 20 pursuant to subdivision twenty-one of this section, information regard- 21 ing the veterans remembrance and cemetery maintenance and operation fund 22 established pursuant to section ninety-seven-mmmm of the state finance 23 law. 24 34. To prepare and submit a report in consultation with the 25 department of health and the department of mental hygiene including the 26 following information to the extent it is reasonably accessible: (a) the 27 number of veterans who died by suicide; (b) trends of veterans suicide 28 rates over the last five years, including details by period of military 29 service; and (c) a comparison of veterans suicide rates by county, 30 statewide and nationwide. Such report shall be delivered to the governor 31 and legislature no later than June thirteenth, two thousand twenty-four 32 and every three years thereafter. Such report shall also be made 33 available on the division's website. 34 35. The department shall: (a) forward completed forms received from a 35 coroner, coroner's physician or medical examiner pursuant to section six 36 hundred seventy-seven of the county law to the office of mental hygiene 37 pursuant to subdivision (g) of section 7.07 of the mental hygiene law in 38 a timely manner; and (b) compile such information for inclusion in the 39 annual report pursuant to this section. 40 36. To coordinate outreach efforts that ensure members of the 41 uniformed services and veterans who are residents of this state, and 42 their families, are made aware of services for veterans from any depart- 43 ments, divisions, boards, bureaus, commissions or agencies of the state 44 or any political subdivision of this state. 45 37. To develop collaborative relationships among state, federal, and 46 local agencies and private organizations, including but not limited to 47 the office of mental health, state office for the aging, and office of 48 addiction services and supports, to help facilitate access to services 49 by members of the uniformed services and veterans who are residents 50 of the state and their families. 51 § 5. Veteran speaker education program. 1. There is hereby established 52 within the department a veteran speaker education program to be devel- 53 oped and implemented by the commissioner in consultation with the 54 commissioner of the New York state military museum and veterans resource 55 center and in accordance with the provisions of this section. Such 56 program shall provide school districts within this state with a listingS. 8006--C 66 A. 9006--C 1 of available veteran speakers willing to visit classrooms for the 2 purpose of discussing their military experience. 3 2. The department, from its available resources, shall develop an 4 informational pamphlet to be distributed either by mail or electron- 5 ically to school districts which provides a general overview of the 6 program including its purpose and how to participate. The department 7 shall, in consultation with congressionally chartered veterans organiza- 8 tions and local veterans services agencies, appoint and create a listing 9 of veteran speakers coordinators for each county of the state who shall 10 be listed in the informational pamphlet. The veteran speakers coordina- 11 tors' duties shall include but not be limited to contacting veterans who 12 reside in their county including those who have participated in the 13 veteran's oral history program at the New York state military museum or 14 the West Point oral history project or the veterans history project of 15 the American Folklore Center or any similar oral history project with 16 information about this program and inquiring as to whether such persons 17 would be willing to participate as speakers or in any other capacity. 18 The listing shall include the names and contact information for such 19 veterans including information describing the type of military service 20 performed by each such person, the time and length of service, geograph- 21 ic area or areas where such person served and rank. The veteran speak- 22 ers coordinators shall annually update such information regarding the 23 availability of such veterans. 24 3. No teacher or veteran shall be required to participate in this 25 program. Any teacher who wishes to supplement his or her classroom 26 instruction concerning a particular era in American military history may 27 contact a participating veteran personally to request that such person 28 visit a classroom to discuss his or her military experience. A teacher 29 shall be responsible for ascertaining the appropriateness of any 30 proposed speaker based upon the age of the children and the intended 31 subject matter. Nothing in this section shall be intended to supersede 32 any particular or general school rules or regulations or other laws 33 relating to curriculum. 34 4. The department shall require a certified copy of the veteran's 35 discharge papers to participate in the veteran speaker program. Such 36 form shall be filed with the department to serve as evidence that such 37 person is a veteran who served in the United States military honorably. 38 5. The department shall implement a procedure for evaluations of each 39 speaker to be completed by teachers and students, and maintain such 40 evaluations and make them available upon request to other teachers who 41 plan to participate. 42 6. The department may consult with other veterans organizations and 43 any branch of the U.S. military in the development of this program. 44 § 6. Cooperation and facilities of other departments. To effectuate 45 the purposes of this article, the governor may direct any department, 46 division, board, bureau, commission or agency of the state, or of any 47 political subdivision thereof, to cooperate with and assist and advise 48 the department in the performance of its duties and functions, and to 49 provide such facilities, including personnel, materials and other 50 assistance and data as will enable the department or any of its agencies 51 to properly carry out its activities and effectuate its purposes under 52 this article. 53 § 7. Information on status of veterans receiving assistance. Depart- 54 ments, divisions, bureaus, boards, commissions and agencies of the state 55 and political subdivisions thereof, which provide assistance, treatment, 56 counseling, care, supervision or custody in service areas involvingS. 8006--C 67 A. 9006--C 1 health, mental health, family services, criminal justice or employment, 2 including but not limited to the office of addiction services and 3 supports, office of mental health, office of probation and correctional 4 alternatives, office of children and family services, office of tempo- 5 rary and disability assistance, department of health, department of 6 labor, local workforce investment boards, office for people with devel- 7 opmental disabilities, and department of corrections and community 8 supervision, shall request assisted persons to provide information with 9 regard to their veteran status and military experiences. Individuals 10 identifying themselves as veterans shall be advised that the department 11 of veterans' services and local veterans' service agencies established 12 pursuant to section fourteen of this article provide assistance to 13 veterans regarding benefits under federal and state law. Information 14 regarding veterans status and military service provided by assisted 15 persons solely to implement this section shall be protected as personal 16 confidential information under article six-A of the public officers law 17 against disclosure of confidential material, and used only to assist in 18 the diagnosis, treatment, assessment and handling of the veteran's prob- 19 lems within the agency requesting such information and in referring the 20 veteran to the department of veterans' services for information and 21 assistance with regard to benefits and entitlements under federal and 22 state law. 23 § 8. New York state supplemental burial allowance for members of the 24 uniformed services of the United States killed in combat or duty subject 25 to hostile fire or imminent danger, as defined in 37 USC § 310. 1. As 26 used in this section, "parent" means a father, a mother, a father 27 through adoption, a mother through adoption, or an individual who, for a 28 period of not less than one year, at any time before the decedent's 29 entry into active military service stood in the relationship of a parent 30 to a decedent who died in combat or duty subject to hostile fire or 31 imminent danger, as defined in 37 USC § 310, or who died from a wound 32 incurred in combat or while serving on duty subject to hostile fire or 33 imminent danger, as defined in 37 USC § 310 or, if two persons stood in 34 the relationship of a parent for one year or more, the person who bore 35 the expenses of the funeral of the decedent. 36 2. As used in this section, (a) "wound" means a physical injury to a 37 servicemember on active duty caused by (i) a bullet, shrapnel, or other 38 projectile; (ii) a mine or trap; (iii) an explosion; (iv) a vehicle or 39 aircraft accident not caused by the servicemember's willful misconduct; 40 or (v) any other action caused or induced by the enemy directly result- 41 ing in physical harm to the servicemember. 42 (b) "burial receptacle" means (i) a casket, which shall mean a rigid 43 container that is designed for the encasement of human remains and 44 customarily ornamented and lined with fabric, (ii) an urn, which shall 45 mean a container of wood, metal, pottery, or other material designed for 46 the storage of cremated human remains, and/or (iii) an outer burial 47 receptacle, which shall mean a graveliner, burial vault, or other simi- 48 lar type of container for the placement of a casket or urn. 49 3. There is hereby established within the department a New York state 50 supplemental burial allowance for any member of the uniformed services 51 of the United States who: (a) died in combat or duty subject to hostile 52 fire or imminent danger, as defined in 37 USC § 310 or died from a wound 53 incurred in combat or while serving on duty subject to hostile fire or 54 imminent danger, as defined in 37 USC § 310, other than the exceptions 55 noted in paragraphs (d), (e) and (f) of subdivision four of this 56 section, and (b) who was (i) a resident of New York state at the time ofS. 8006--C 68 A. 9006--C 1 his or her death or (ii) a nonresident of New York state at the time of 2 his or her death and a member of the New York Army National Guard or New 3 York Air National Guard at the time he or she entered title 10, United 4 States Code, federal active duty status during which period of service 5 he or she died. 6 4. (a) The purpose of the program is to administer and monitor a 7 supplemental allowance program to aid families of military personnel who 8 died in combat or duty subject to hostile fire or imminent danger, as 9 defined in 37 USC § 310, or died from a wound incurred in combat or duty 10 subject to hostile fire or imminent danger, as defined in 37 USC § 310, 11 with respect to expenses incurred in connection with the decedent's 12 funeral and the burial, burial receptacle, cremation, or other interment 13 of the decedent's remains. 14 (b) Eligible recipients under this program shall be those who bore the 15 cost of the decedent's funeral and burial, burial receptacle, cremation, 16 or other interment, in the following order of priority: (i) a surviving 17 spouse or domestic partner of the decedent; (ii) adult children of the 18 decedent, to include step-children and adopted children; (iii) parents 19 or grandparents of the decedent, and parents-in-law or grandparents-in- 20 law of the decedent; (iv) siblings of the decedent, to include siblings 21 adopted by the decedent's immediate family and siblings with whom the 22 decedent shares only one parent in common, and siblings-in-law of the 23 decedent; (v) aunts, uncles, and first cousins of the decedent; and (vi) 24 any other relative. Any applicant convicted of making any false state- 25 ment in the application for the reimbursement shall be subject to the 26 penalties prescribed in the penal law. 27 (c) Such burial allowance is a partial reimbursement of an eligible 28 decedent's funeral and burial, burial receptacle, cremation or other 29 interment costs. The reimbursement is generally applicable to two compo- 30 nents: (i) funeral expenses, and (ii) expenses arising from the burial, 31 burial receptacle, cremation, or other interment of the decedent's 32 remains. Any allowance granted by the government of the United States, 33 pursuant to 38 U.S.C. §§2301, 2302, 2303, 2306, 2307 and 2308 or 10 34 U.S.C. § 1482, or by the decedent's state of residence in the case of an 35 allowance eligible pursuant to subparagraph (ii) of paragraph (b) of 36 subdivision three of this section, shall be first applied toward funeral 37 and burial, burial receptacle, cremation or other interment costs. The 38 state may award an allowance of up to six thousand dollars to cover any 39 remaining expenses. 40 (d) The state shall not award any funds from this allowance to reim- 41 burse any costs for the headstone, grave marker, or medallion of the 42 decedent. 43 (e) The state shall not grant supplemental burial allowance payments 44 for the funeral or the burial, burial receptacle, cremation, or other 45 interment of remains of any decedent whose relations received any 46 reimbursement from this allowance for any previous funeral or burial, 47 burial receptacle, cremation, or other interment of remains for this 48 same decedent. 49 (f) The state shall not grant supplemental burial allowance payments 50 for any person filing a completed application for such allowance with 51 the state later than: (i) two years after the applicant received final 52 written notice from the United States Department of Veterans Affairs 53 regarding an application for reimbursement of funeral or burial, burial 54 receptacle, cremation or other interment expenses pursuant to 38 U.S.C. 55 §§2301, 2302, 2303, 2306, 2307, or 2308, or 10 U.S.C. § 1482, or any 56 combination thereof; or (ii) two years after the expiration date of theS. 8006--C 69 A. 9006--C 1 filing deadline to apply for reimbursement of funeral, burial, burial 2 receptacle, cremation or other interment expenses from the United States 3 Department of Veterans Affairs, as defined in 38 U.S.C. § 2304, if the 4 applicant never applied for reimbursement of funeral, burial, burial 5 receptacle, cremation or interment expenses from the United States 6 Department of Veterans Affairs. Any applications received subsequent to 7 these prescribed periods shall be denied as time-barred. 8 (g) Applicants shall furnish evidence of the decedent's military 9 service and relevant after action reports or other documents explaining 10 why the application meets eligibility requirements for each case in the 11 manner and form prescribed by the state commissioner or his or her 12 designee. Upon being satisfied that the facts in the application are 13 true, the state commissioner or his or her designee shall certify to the 14 state comptroller the name and address of such recipient. The decision 15 of the state commissioner or his or her designee on all matters regard- 16 ing any payment from this allowance shall be final. 17 (h) The state commissioner shall submit a report to the governor, the 18 chairperson of the senate finance committee, and the chairperson of the 19 assembly ways and means committee not later than January fifteenth of 20 each year in which this section is in effect. Such report shall include, 21 but not be limited to, regulations promulgated pursuant to this section, 22 allowances paid, and an account of the monies spent and the relationship 23 of the distributees to the decedent. 24 § 9. New York state veteran burial fund. 1. As used in this section, 25 "agent in control of the disposition of remains" means the person 26 responsible or designated to control the disposition of a deceased 27 veteran's remains as defined and outlined in section forty-two hundred 28 one of the public health law. The term "interment" means the disposition 29 of remains as defined in paragraph (g) of section fifteen hundred two of 30 the not-for-profit corporation law. The term "burial" shall include the 31 process as defined in paragraph (e) of section fifteen hundred two of 32 the not-for-profit corporation law. 33 2. As provided in subdivision nineteen of section four of this arti- 34 cle, there is hereby established within the department a New York state 35 veterans burial fund for honorably discharged members of the uniformed 36 services of the United States who were residents of New York state at 37 the time of his or her death who (i) were honorably discharged from such 38 service, or (ii) had a qualifying condition, as defined in section one 39 of this article, and received a discharge other than bad conduct or 40 dishonorable from such service, or (iii) were discharged LGBT veterans, 41 as defined in section one of this article, and received a discharge 42 other than bad conduct or dishonorable from such service. 43 (a) Eligible recipients under this program shall be those who bore the 44 cost of the funeral as the agent in control of the disposition of 45 remains. An application shall be made available to an eligible recipi- 46 ent. Any applicant convicted of making any false statement in the appli- 47 cation for the reimbursement shall be subject to the penalties 48 prescribed in the penal law. 49 (b) Such optional burial allowance is a reimbursement of an eligible 50 decedent's burial and interment costs not to exceed two thousand five 51 hundred dollars in a New York state not-for-profit cemetery. The 52 reimbursement is generally available as a plot interment allowance. Any 53 allowance granted by the government of the United States, pursuant to 38 54 U.S.C. §§ 2302, 2303, 2306, 2307 and 2308 or 10 U.S.C. § 1482 shall be 55 first applied toward interment costs. An additional allowance of up to 56 the cost of the actual burial and interment as provided under subdivi-S. 8006--C 70 A. 9006--C 1 sion nineteen of section four of this article may be awarded to cover 2 any remaining expenses. 3 (c) Evidence of the military service of the decedent for each case 4 shall be furnished in the manner and form prescribed by the state 5 commissioner; upon being satisfied that the facts in the application are 6 true, the state commissioner shall certify to the state comptroller the 7 name and address of such agent in control of the disposition of remains 8 for reimbursement as provided in this section. 9 § 10. Time within which marriage may be solemnized; member of the 10 uniformed services. Notwithstanding section thirteen-b of the domestic 11 relations law, where either of the parties making application for a 12 marriage license, pursuant to section thirteen of the domestic relations 13 law, is a member of the uniformed services of the United States on 14 active duty the marriage of the parties shall not be solemnized within 15 twenty-four hours after the issuance of the marriage license, nor shall 16 it be solemnized after one hundred eighty days from the date of the 17 issuance of the marriage license. Proof that the applicant is a member 18 of the uniformed services of the United States shall be furnished to the 19 satisfaction of the official issuing the marriage license. Every license 20 to marry issued pursuant to the provisions of this section shall state 21 the day and hour the license is issued and shall contain a recital that 22 it is issued pursuant to the provisions of this section. 23 § 11. Use of personal confidential information obtained from veterans 24 or family members of veterans receiving services from the state and 25 political subdivisions thereof. 1. Departments, divisions, bureaus, 26 boards, commissions and agencies of the state and political subdivisions 27 thereof, which provide assistance, treatment, counseling, care, super- 28 vision or custody in service areas involving health, mental health, 29 family services, criminal justice or employment shall be required to 30 solicit information on whether their customer or client is a veteran as 31 defined in section eighty-five of the civil service law or family member 32 of a veteran. Any new forms created after the effective date of this 33 section shall contain the following questions: "Have you served in the 34 United States military?" "Has someone in your family served in the 35 United States military?" 36 2. Individuals identifying themselves as having served in the military 37 or a family member shall be advised that the department of veterans' 38 services and local veterans service agencies established pursuant to 39 section seventeen of this article provide assistance to veterans regard- 40 ing benefits under federal and state law. Information regarding veterans 41 and military status provided by assisted persons solely to implement 42 this section shall be protected as personal confidential material, and 43 used only to assist in the diagnosis, treatment, assessment and handling 44 of the veteran's or family member's problems within the agency request- 45 ing such information and in referring the veteran or family member to 46 the department of veterans' services for the information and assistance 47 with regard to benefits and entitlements under federal and state law. 48 § 12. Acceptance of gifts. The department with the approval of the 49 governor, may accept any gift or grant for any of the purposes of this 50 article. Any moneys so received may be expended by the department to 51 effectuate any of the purposes of this article, subject to the same 52 limitations as to authorization, audit and approval as are prescribed 53 for state moneys appropriated for the purposes of this article. 54 § 13. State veterans' service agency. 1. A state veterans' service 55 agency established by the department pursuant to this article shall have 56 power and it shall be its duty to inform military and naval authoritiesS. 8006--C 71 A. 9006--C 1 of the United States and assist members of the uniformed services and 2 veterans, who are residents of this state, and their families, in 3 relation to (1) matters pertaining to educational training and retrain- 4 ing services and facilities, (2) health, medical and rehabilitation 5 services and facilities, (3) provisions of federal, state and local laws 6 and regulations affording special rights and privileges to members of 7 the uniformed services and war veterans and their families, (4) employ- 8 ment and re-employment services, and (5) other matters of similar, 9 related or appropriate nature. The state veterans' service agency also 10 shall perform such other duties as may be assigned by the state commis- 11 sioner. 12 2. The state commissioner may, with the approval of the governor, 13 appoint and remove a director of the state veterans' service agency. The 14 state commissioner may from time to time establish, alter or abolish 15 state veterans' service agency districts within the state, establish or 16 abolish offices therefor, and appoint and at pleasure remove a deputy 17 director of the state veterans' service agency for each such district 18 office. With the approval of the state commissioner, the director of the 19 veterans' service agency may appoint such officers, consultants, clerks 20 and other employees as may be necessary to administer the functions of 21 the state veterans' service agency, fix their compensation within the 22 limitation provided by law, and prescribe their duties. 23 § 14. Local veterans' service agencies. 1. County veterans' service 24 agencies. There shall be established a county veterans' service agency 25 in each county not wholly included within a city, and there shall be a 26 county director of each county veterans' service agency. Any county 27 director hired after the effective date of this chapter shall be a 28 veteran as defined in New York state statute. The chair of the board of 29 supervisors of a county, with the approval of the board of supervisors, 30 shall appoint and may at pleasure remove a county director of the county 31 veterans' service agency for such county. In a county having a county 32 president, a county executive or other chief executive officer, such 33 president or executive officer shall appoint and may at pleasure remove 34 a county director. The county director may be paid such compensation as 35 shall be fixed by the appointing officer and the board of supervisors. 36 The county director shall appoint such assistants and employees as he or 37 she may deem necessary, other than those, if any, supplied by the state; 38 he or she may prescribe the duties of those appointed by him or her and 39 fix their salaries within the appropriations made available for that 40 purpose by the county and may at pleasure remove any such assistants or 41 employees. The county director shall have jurisdiction throughout the 42 territorial limits of the county, including any city therein which does 43 not have a city veterans' service agency, provided that after the estab- 44 lishment of a city veterans' service agency in any such city, the county 45 director shall not have jurisdiction within such city. 46 2. City veterans' service agency. There may be established a city 47 veterans' service agency in each city; and there shall be a city direc- 48 tor of each city veterans' service agency which is established. The 49 mayor of such city, or the city manager in a city of less than one 50 hundred forty thousand population having a city manager, shall appoint 51 and may at pleasure remove the city director. A city director may be 52 paid such compensation as shall be fixed by the mayor or city manager, 53 as the case may be, empowered to appoint the city director, and the 54 governing body of the city. The city director may appoint such deputies, 55 assistants and employees as he or she may deem necessary other than 56 those, if any, supplied by the state; the director may prescribe theS. 8006--C 72 A. 9006--C 1 duties of those appointed by him or her and fix their salaries within 2 the appropriations made available for that purpose by the city and may 3 at pleasure remove any such assistant or employee. A city director 4 shall have jurisdiction throughout the territorial limits of the city. 5 3. Accreditation. (a) Current county or city directors within three 6 years from the effective date of this subdivision shall take all steps 7 necessary to be accredited as a veterans service organization (VSO) 8 representative. Accreditation shall mean the authority granted by the 9 United States Department of Veterans Affairs to assist veterans and 10 their family members in the preparation, presentation, and prosecution 11 of claims for benefits pursuant to section 5902 of Title 38 U.S.C. and 12 section 14.628 of Title 38 Code of Federal Regulations. Once an appli- 13 cation for accreditation is approved by the General Counsel of the 14 United States Department of Veterans Affairs and the applicant is noti- 15 fied of this action, the director of the county or city veterans service 16 agency shall file a copy of the accreditation certificate from the 17 appropriate veterans service organization with the commissioner of the 18 department. Such accreditation shall be maintained during the duration 19 of his or her status as a director of such county or city veterans 20 service agency. The commissioner of the department may determine that 21 satisfactory completion of a course or instruction on veterans' benefits 22 approved by the United States Department of Veterans Affairs and 23 conducted by the department may fulfill the requirements of this subdi- 24 vision. 25 (b) Any county or city director hired after the effective date of this 26 chapter shall take all steps necessary to be accredited as a veterans 27 service organization (VSO) representative within eighteen months of such 28 appointment. Accreditation shall mean the authority granted by the 29 United States Department of Veterans Affairs to assist veterans and 30 their family members in the preparation, presentation, and prosecution 31 of claims for benefits pursuant to section 5902 of Title 38 U.S.C. and 32 section 14.628 of Title 38 Code of Federal Regulations. Once an appli- 33 cation for accreditation is approved by the General Counsel of the 34 United States Department of Veterans Affairs and the applicant is noti- 35 fied of this action, the director of the county or city veterans service 36 agency shall file a copy of the accreditation certificate from the 37 appropriate veterans service organization with the commissioner of the 38 department. Such accreditation shall be maintained during the duration 39 of his or her status as a director of such county or city veterans 40 service agency. The commissioner of the department may determine that a 41 satisfactory completion of a course of instruction on veterans' benefits 42 approved by the United States Department of Veterans Affairs and 43 conducted by the department may fulfill the requirements of this subdi- 44 vision. 45 (c) During the time a director is working toward accreditation pursu- 46 ant to paragraphs (a) and (b) of this subdivision, such individual may 47 provide services to veterans and their family members as defined in 48 section fifteen of this article other than the preparation, presenta- 49 tion, and prosecution of claims for benefits under federal statutes and 50 regulations. 51 § 15. Powers and duties of local veterans' service agencies. 1. A 52 local veterans' service agency shall have power under the direction of 53 the state veterans' service agency, and it shall be its duty to inform 54 military and naval authorities of the United States and assist members 55 of the uniformed services and veterans, who are residents of this state, 56 and their families, in relation to (1) matters pertaining to educationalS. 8006--C 73 A. 9006--C 1 training and retraining services and facilities, (2) health, medical and 2 rehabilitation services and facilities, (3) provisions of federal, state 3 and local laws and regulations affording special rights and privileges 4 to members of the uniformed services and war veterans and their fami- 5 lies, (4) employment and re-employment services, (5) the process of 6 submitting an application for a discharge upgrade to the discharge 7 upgrade advisory board, and (6) other matters of similar, related or 8 appropriate nature. The local veterans' service agency may also assist 9 families of members of the reserve components of the uniformed services 10 and the organized militia ordered into active duty to ensure that they 11 are made aware of and are receiving all appropriate support available to 12 them and are placed in contact with the agencies responsible for such 13 support, including, but not limited to, the division of military and 14 naval affairs and other state agencies responsible for providing such 15 support. The local veterans' service agency also shall perform such 16 other duties as may be assigned by the state commissioner. 17 2. A local veterans' service agency shall utilize, so far as possible, 18 the services and facilities of existing officers, offices, departments, 19 commissions, boards, bureaus, institutions and other agencies of the 20 state and of the political subdivisions thereof and all such officers 21 and agencies shall cooperate with and extend such services and facili- 22 ties to the local veterans' service agency as it may require. 23 § 16. Location and cost of local veterans' service agencies; deputy 24 local directors. 1. A local director shall designate the location of the 25 local and branch offices of the local veterans' service agency within 26 his or her jurisdiction, which offices shall be open during convenient 27 hours. The cost of maintenance and operation of a county veterans' 28 service agency shall be a county charge and the cost of maintenance and 29 operation of a city veterans' service agency shall be a city charge, 30 excepting that the state commissioner with the approval of the veterans' 31 services commission shall allot and pay, from state moneys made avail- 32 able to him or her for such purposes, to each county veterans' service 33 agency and each city veterans' service agency, an amount equal to fifty 34 per centum of its expenditures for maintenance and operation approved by 35 the state commissioner, provided that in no event shall the amount 36 allotted and paid for such approved expenditures incurred in any given 37 year exceed (1) in the case of any county veterans' service agency in a 38 county having a population of not more than one hundred thousand or in 39 the case of any city veterans' service agency in a city having a popu- 40 lation of not more than one hundred thousand, the sum of twenty-five 41 thousand dollars, nor (2) in the case of any county veterans' service 42 agency in a county having a population in excess of one hundred thousand 43 excluding the population of any city therein which has a city veterans' 44 service agency, the sum of twenty-five thousand dollars, and, in addi- 45 tion thereto, the sum of five thousand dollars for each one hundred 46 thousand, or major portion thereof, of the population of the county in 47 excess of one hundred thousand excluding the population of any city 48 therein which has a city veterans' service agency, nor (3) in the case 49 of any city veterans' service agency in a city having a population in 50 excess of one hundred thousand, the sum of twenty-five thousand dollars, 51 and, in addition thereto, the sum of five thousand dollars for each one 52 hundred thousand, or major portion thereof, of the population of the 53 city in excess of one hundred thousand. Such population shall be certi- 54 fied in the same manner as provided by section fifty-four of the state 55 finance law.S. 8006--C 74 A. 9006--C 1 2. The head of a branch office of a local veterans' service agency 2 shall be a deputy local director of the local veterans' service agency 3 who shall be appointed by the local director of the county or city in 4 which the branch office is located with the approval of the governing 5 body which makes the appropriation for the maintenance of such branch 6 office; provided, however, that the head of a branch office of a local 7 veterans' service agency which operates in and for two or more adjoining 8 towns or adjoining villages in the same county, and hereinafter in this 9 article referred to as a consolidated branch office, shall be appointed 10 by the local director of the county in which the branch office is 11 located with the approval of the governing body of each town or village 12 which makes an appropriation for or toward the maintenance of such 13 branch office, and any town or village is authorized to enter into an 14 agreement with an adjoining town or an adjoining village in the same 15 county, respectively, or with two or more respective adjoining towns or 16 villages in the same county, providing for their joint undertaking to 17 appropriate and make available moneys for or toward the maintenance of 18 such a consolidated branch office. 19 § 17. Local veterans' service committees. The same authority which 20 appoints a local director shall appoint for each county and city veter- 21 ans' service agency a veterans' service committee to assist the local 22 director and shall appoint a chair thereof. Similar committees may be 23 appointed in each village and town where there is a deputy local direc- 24 tor by the mayor of such village and the supervisor of such town in 25 which the branch office of the deputy local director is located or in 26 which it operates. A similar committee may also be appointed in any city 27 in and for which there is not established a separate city veterans' 28 service agency, and in and for which there is a deputy local director 29 and a branch office of the county veterans' service agency; and such 30 appointment in any case shall be made by the city official authorized to 31 appoint a city director in the case of a separate city veterans' service 32 agency. 33 § 18. Appropriations for expenses and activities of local veterans' 34 service agencies. Each county and each city of the state in which is 35 established a county veterans' service agency or a city veterans' 36 service agency, as the case may be, is hereby authorized to appropriate 37 and make available to the veterans' service agency of such respective 38 county or city, such sums of money as it may deem necessary to defray 39 the expenses and activities of such agency, and the expenses and activ- 40 ities of such agencies are hereby declared to be proper county and city 41 purposes for which the moneys of the county or city may be expended. 42 Each city in and for which there is not established a separate city 43 veterans' service agency, and each village and town of the state is 44 hereby authorized to appropriate and make available to the deputy local 45 director heading the branch office in and for such city, village or 46 town, if any, of the county veterans' service agency having jurisdiction 47 within such city, village or town, such sums of money as it may deem 48 necessary to defray the salary, expenses and activities of the deputy 49 local director heading such branch office in and for such city, village 50 or town and his or her office, including the salaries of persons 51 employed in such office, and such salaries, expenses and activities are 52 hereby declared to be proper city, village and town purposes for which 53 the moneys of such cities, villages and towns may be expended. Each 54 village and town is also authorized to appropriate and make available to 55 the deputy local director heading the consolidated branch office, if 56 any, for such village or town and any adjoining village or villages, orS. 8006--C 75 A. 9006--C 1 town or towns, as the case may be, of the county veterans' service agen- 2 cy having jurisdiction within such village or town, such sums of money 3 as it may determine to defray in part the salary, expenses and activ- 4 ities of the deputy local director heading such consolidated branch 5 office for such village or town and any adjoining village or villages or 6 town or towns, as the case may be, including the salaries of persons 7 employed in such consolidated branch office, and such salaries, expenses 8 and activities are hereby declared to be proper village and town 9 purposes for which the moneys of such villages and towns may be 10 expended. 11 § 19. Women veterans coordinator. 1. Definitions. (a) "Veteran" shall 12 have the same meaning as defined in section one of this article. 13 (b) "Department" shall mean the state department of veterans' 14 services. 15 (c) "Women veterans coordinator" shall be a veteran. 16 2. Such women veterans coordinator shall be appointed by the commis- 17 sioner. 18 3. Establishment of women veterans coordinator. There is hereby estab- 19 lished within the department, a "women veterans coordinator" who shall 20 work under the direction of the commissioner and whose duties shall 21 include, but not be limited to, the: 22 (a) identification, development, planning, organization and coordi- 23 nation of all statewide programs and services to meet the needs of women 24 veterans; 25 (b) recommendation to the commissioner to ensure compliance with all 26 existing department policies and regulations pertaining to the needs of 27 women veterans on the state and federal level and make recommendations 28 regarding the improvement of benefits and services to women veterans; 29 (c) liaison between the department, the United States Department of 30 Veterans Affairs center for women veterans, the United States Department 31 of Veterans Affairs Advisory Committee on Women Veterans, state veterans 32 nursing homes, state agencies, community groups, advocates and other 33 veterans and military organizations and interested parties; 34 (d) advocating for all women veterans in the state; 35 (e) development and maintenance of a clearinghouse for information and 36 resources for women veterans; 37 (f) promote events and activities that recognize, educate and honor 38 women veterans, including but not limited to seminars required under 39 subdivision six of section four of this article, veteran human rights 40 conferences, veterans benefits and resources events, and veterans 41 cultural competence training; 42 (g) inclusion of the contributions women veterans have made on behalf 43 of the United States and this state on the department's official 44 website; and 45 (h) preparation of reports on topics including, but not limited to, 46 the demographics of women veterans, the number of women veterans listed 47 by county, and the unique needs of the women veterans population, to the 48 extent such information is available, to the commissioner on the status 49 of women veterans within New York state. 50 4. Reports. The women veterans coordinator shall submit a report to 51 the commissioner each year after the effective date of this section. 52 Such report shall include, but not be limited to, a description of the 53 women veterans coordinator's activities for the calendar year and the 54 programs developed pursuant to the provisions of this section. The 55 commissioner shall submit the report or a synopsis of the report to theS. 8006--C 76 A. 9006--C 1 governor in accordance with the provisions of section four of this arti- 2 cle. 3 § 20. Women veterans advisory committee. 1. The women veterans advi- 4 sory committee is hereby created consisting of twelve members, with 5 members appointed as follows: (a) six members by the governor; (b) two 6 members by the temporary president of the senate; (c) two members by the 7 speaker of the assembly; and (d) one member each by the minority leader 8 of the senate and the minority leader of the assembly. All appointed 9 members must be women, and veterans who served in the United States 10 uniformed services including members of the reserve component. Each 11 veteran shall have received an honorable discharge or have a 12 qualifying condition as defined in section one of this article. 13 2. In making appointments pursuant to subdivision one of this section, 14 the following shall be considered: 15 (a) whether the appointments provide a geographical balance between 16 the urban and rural areas of this state and represent the cultural 17 diversity of this state; and 18 (b) the level of activity of the woman in the veteran community. 19 3. The committee shall elect a chair from among its members. 20 4. Each member of the committee shall serve a term of four years. 21 5. A vacancy on the committee shall be filled for the remainder of the 22 unexpired term in the same manner as the original appointment. 23 6. The committee shall meet at least four times per year at the call 24 of the chair. 25 7. A majority of the members of the committee appointed constitutes a 26 quorum. 27 8. Each member of the committee: 28 (a) serves without compensation, except that a member of the committee 29 who is a state officer or employee may receive her regular compensation 30 while engaging in the business of the committee; and 31 (b) shall be entitled to receive reimbursement for any actual, 32 necessary expenses incurred in the course of performing business for the 33 committee. 34 9. The committee shall: 35 (a) support and assist the department of veterans' services and the 36 women veterans coordinator pursuant to section nineteen of this article 37 in: 38 (i) locating, educating and advocating for all women veterans in this 39 state; 40 (ii) identifying the unique needs of women veterans; 41 (iii) conducting outreach and education through various means, 42 including, without limitation, the organization of statewide women 43 veterans events, the promotion of benefits and health care for women 44 veterans and the development of programs that inform students, business 45 leaders and educators about the important role women play in the 46 uniformed services of the United States; 47 (iv) educating women veterans as to benefits and programs that are 48 available to them; 49 (v) at least annually, making such recommendations as may be deemed 50 necessary or advisable to the governor, the state legislature, the 51 commissioner of the department of veterans' services and such other 52 offices of this state as may be appropriate; 53 (vi) making information available regarding job and career opportu- 54 nities;S. 8006--C 77 A. 9006--C 1 (vii) providing outreach regarding available resources for veterans 2 with a qualifying condition as defined in section one of this article; 3 and 4 (viii) advocating on behalf of women veterans to ensure that the 5 programs and policies of this state and of the United States department 6 of veterans' affairs remain open to women and mindful of the elements of 7 the experience of a veteran that are unique to women. 8 (b) submit a report on or before February fifteenth of each year, 9 outlining the activities of the committee during the preceding calendar 10 year and any recommendations of the committee to the governor and 11 legislature. The report must include, without limitation, information 12 pertaining to: 13 (i) the demographics of women veterans; 14 (ii) the current contributions that women veterans have made on behalf 15 of the United States and this state; 16 (iii) the unique needs of the population of women veterans; 17 (iv) recommendations regarding what steps should be taken to reduce 18 misinformation and improve support for programs for women veterans; and 19 (v) outreach activities undertaken by the committee. 20 10. The department of veterans' services shall help support 21 the committee's activities. 22 § 21. Creation of annuity. 1. Payment to veterans. a. Any veteran as 23 defined in this article who has been or is hereafter classified by the 24 New York State commission for the visually handicapped as a blind person 25 as defined in section three of chapter four hundred fifteen of the laws 26 of nineteen hundred thirteen, as amended, and continues to be a blind 27 person within the meaning of that section, shall, upon application to 28 the commissioner of the department of veterans' services, be paid out of 29 the treasury of the state for such term as such veteran shall be enti- 30 tled thereto under the provisions of this article, the sum of one thou- 31 sand dollars annually, plus any applicable annual adjustment, as 32 provided in this section. 33 b. The entitlement of any veteran to receive the annuity herein 34 provided shall terminate upon his or her ceasing to continue to be a 35 resident of and domiciled in the state, but such entitlement may be 36 reinstated upon application to the commissioner of veterans' services, 37 if such veteran shall thereafter resume his or her residence and domi- 38 cile in the state. 39 c. The effective date of an award of the annuity to a veteran shall be 40 the date of receipt of the application therefor by the commissioner of 41 veterans' services, except that if the application is denied but is 42 granted at a later date upon an application for reconsideration based 43 upon new evidence, the effective date of the award of the annuity to a 44 veteran shall be the date of receipt of the application for reconsider- 45 ation by the commissioner of veterans' services. 46 2. Payment to widows and widowers of blind veterans. a. The unremar- 47 ried spouse of a veteran who heretofore has died or the unremarried 48 spouse of a veteran dying hereafter, such veteran being at the time of 49 her or his death a recipient of, or eligible for, the benefits above 50 provided, shall, upon application to the commissioner of veterans' 51 services, also be paid out of the treasury of the state the sum of one 52 thousand dollars annually, plus any applicable annual adjustment, for 53 such term as such unremarried spouse shall be entitled thereto under the 54 provisions of this article. 55 b. The entitlement of any widow or widower to receive the annuity 56 herein provided shall terminate upon her or his death or re-marriage orS. 8006--C 78 A. 9006--C 1 upon her or his ceasing to continue to be a resident of and domiciled in 2 the state of New York, but such entitlement may be reinstated upon 3 application to the commissioner of veterans' services, if such widow or 4 widower shall thereafter resume her or his residence and domicile in the 5 state. 6 c. The effective date of an award of the annuity to a widow or widower 7 shall be the day after the date of death of the veteran if the applica- 8 tion therefor is received within one year from such date of death. If 9 the application is received after the expiration of the first year 10 following the date of the death of the veteran, the effective date of an 11 award of the annuity to a widow or widower shall be the date of receipt 12 of the application by the commissioner of veterans' services. If an 13 application is denied but is granted at a later date upon an application 14 for reconsideration based upon new evidence, the effective date of the 15 award of the annuity to a widow or widower shall be the date of receipt 16 of the application for reconsideration by the commissioner of veterans' 17 services. 18 3. Annual adjustment. Commencing in the year two thousand five, and 19 for each year thereafter, the amount of any annuity payable under this 20 section shall be the same amount as the annuity payable in the preceding 21 year plus a percentage adjustment equal to the annual percentage 22 increase, if any, for compensation and pension benefits administered by 23 the United States Department of Veterans' Affairs in the previous year. 24 Such percentage increase shall be rounded up to the next highest one- 25 tenth of one percent and shall not be less than one percent nor more 26 than four percent. Commencing in the year two thousand five, the commis- 27 sioner of veterans' services, not later than February first of each 28 year, shall publish by any reasonable means the amount of the annuity as 29 adjusted payable under this section. 30 § 22. Evidence of entitlement. 1. The evidence of such service, blind- 31 ness, residence and domicile, or of such marriage, widowhood, residence 32 and domicile in each case shall be furnished in the manner and form 33 prescribed by the commissioner of veterans' services who shall examine 34 the same. 35 2. Upon being satisfied that such service was performed, that other 36 facts and statements in the application of such veteran or widow or 37 widower are true and that the said veteran has been classified by the 38 New York state commission for the visually handicapped as a blind 39 person, where such veteran is not receiving or not entitled to receive a 40 benefit from any existing retirement system to which the state is a 41 contributor, unless such veteran shall have become disabled by reason of 42 loss of sight, while engaged in employment entitling him or her to 43 receive a benefit from any existing retirement system to which the state 44 is a contributor, and as a result of such disability has retired from 45 such employment and is receiving or is entitled to receive a benefit 46 from such retirement system the commissioner of veterans' services shall 47 certify to the state comptroller the name and address of such veteran or 48 widow or widower. 49 3. Thereafter the department of taxation and finance, through the 50 division of finance, on the audit and warrant of the comptroller, shall 51 pay such veteran or widow or widower such sum as is authorized by the 52 provisions of this article in monthly installments for so long as such 53 veteran or widow or widower shall meet the requirements of this article. 54 § 23. Persons who may receive annuity. 1. a. The word "veteran" means 55 a veteran as defined in section one of this article who is a resident, 56 and who (i) has been or may be released from such service under otherS. 8006--C 79 A. 9006--C 1 than dishonorable conditions, or (ii) has a qualifying condition, as 2 defined in section one of this article, and has received a discharge 3 other than bad conduct or dishonorable from such service, or (iii) is a 4 discharged LGBT veteran, as defined in section one of this article, and 5 has received a discharge other than bad conduct or dishonorable from 6 such service, and who (iv) was a recipient of the armed forces expedi- 7 tionary medal, the navy expeditionary medal or the marine corps expedi- 8 tionary medal for participation in operations in Lebanon from June 9 first, nineteen hundred eighty-three to December first, nineteen hundred 10 eighty-seven, in Grenada from October twenty-third, nineteen hundred 11 eighty-three to November twenty-first, nineteen hundred eighty-three, or 12 in Panama from December twentieth, nineteen hundred eighty-nine to Janu- 13 ary thirty-first, nineteen hundred ninety, or (v) served on active duty 14 for ninety days or more in the uniformed services of the United States 15 during any one of the following wars or hostilities: 16 (1) in the Spanish-American war from the twenty-first day of April, 17 eighteen hundred ninety-eight to the eleventh day of April, eighteen 18 hundred ninety-nine, inclusive; 19 (2) in the Philippine insurrection or the China relief expedition from 20 the eleventh day of April, eighteen hundred ninety-nine to the fourth 21 day of July, nineteen hundred two, inclusive; 22 (3) in the Mexican border campaign from the ninth day of May, nineteen 23 hundred sixteen, to the fifth day of April, nineteen hundred seventeen, 24 inclusive; 25 (4) in World War I from the sixth day of April, nineteen hundred 26 seventeen to the eleventh day of November, nineteen hundred eighteen, 27 inclusive; 28 (5) in World War II from the seventh day of December, nineteen hundred 29 forty-one to the thirty-first day of December, nineteen hundred forty- 30 six, inclusive, or who was employed by the War Shipping Administration 31 or Office of Defense Transportation or their agents as a merchant seaman 32 documented by the United States Coast Guard or Department of Commerce, 33 or as a civil servant employed by the United States Army Transport 34 Service (later redesignated as the United States Army Transportation 35 Corps, Water Division) or the Naval Transportation Service; and who 36 served satisfactorily as a crew member during the period of armed 37 conflict, December seventh, nineteen hundred forty-one, to August 38 fifteenth, nineteen hundred forty-five, aboard merchant vessels in 39 oceangoing, i.e., foreign, intercoastal, or coastwise service as such 40 terms are defined under federal law (46 USCA 10301 & 10501) and further 41 to include "near foreign" voyages between the United States and Canada, 42 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 43 going service or foreign waters and who has received a Certificate of 44 Release or Discharge from Active Duty and a discharge certificate, or an 45 Honorable Service Certificate/Report of Casualty, from the Department of 46 Defense, or who served as a United States civilian employed by the Amer- 47 ican Field Service and served overseas under United States Armies and 48 United States Army Groups in World War II during the period of armed 49 conflict, December seventh, nineteen hundred forty-one through May 50 eighth, nineteen hundred forty-five, and who (i) was discharged or 51 released therefrom under honorable conditions, or (ii) has a qualifying 52 condition, as defined in section one of this article, and has received a 53 discharge other than bad conduct or dishonorable from such service, or 54 (iii) is a discharged LGBT veteran, as defined in section one of this 55 article, and has received a discharge other than bad conduct or 56 dishonorable from such service, or who served as a United States civil-S. 8006--C 80 A. 9006--C 1 ian Flight Crew and Aviation Ground Support Employee of Pan American 2 World Airways or one of its subsidiaries or its affiliates and served 3 overseas as a result of Pan American's contract with Air Transport 4 Command or Naval Air Transport Service during the period of armed 5 conflict, December fourteenth, nineteen hundred forty-one through August 6 fourteenth, nineteen hundred forty-five, and who (iv) was discharged or 7 released therefrom under honorable conditions, or (v) has a qualifying 8 condition, as defined in section one of this article, and has received a 9 discharge other than bad conduct or dishonorable from such service, or 10 (vi) is a discharged LGBT veteran, as defined in section one of this 11 article, and has received a discharge other than bad conduct or 12 dishonorable from such service; 13 (6) in the Korean hostilities from the twenty-seventh day of June, 14 nineteen hundred fifty to the thirty-first day of January, nineteen 15 hundred fifty-five, inclusive; 16 (7) in the Vietnam conflict from the first day of November, nineteen 17 hundred fifty-five to the seventh day of May, nineteen hundred seventy- 18 five; 19 (8) in the Persian Gulf conflict from the second day of August, nine- 20 teen hundred ninety to the end of such conflict. 21 b. The word "veteran" shall also mean any person who meets the other 22 requirements of paragraph a of this subdivision, who served on active 23 duty for less than ninety days, if he or she was discharged or released 24 from such service for a service-connected disability or who served for a 25 period of ninety consecutive days or more and such period began or ended 26 during any war or period of hostilities as defined in paragraph a of 27 this subdivision. 28 c. The term "active duty" as used in this article shall mean full time 29 duty in the uniformed services, other than active duty for training; 30 provided, however, that "active duty" shall also include any period of 31 active duty for training during which the individual concerned was disa- 32 bled or died from a disease or injury incurred or aggravated during such 33 period. 34 2. No annuity shall be paid under this article to or for a person who 35 is in prison in a federal, state or local penal institution as a result 36 of conviction of a felony or misdemeanor for any part of the period 37 beginning sixty-one days after his or her imprisonment begins and ending 38 when his or her imprisonment ends. 39 3. Where any veteran is disqualified for the annuity for any period 40 solely by reason of the provisions of subdivision two of this section, 41 the commissioner of veterans' services shall pay to his or her spouse, 42 if any, the annuity which such veteran would receive for that period but 43 for said subdivision two. 44 4. In case an unmarried, divorced or widowed veteran or a widow of a 45 deceased annuitant is being furnished hospital treatment, institutional 46 or domiciliary care by the United States or the state, the annuity paya- 47 ble under this article to such veteran or widow or widower may be 48 discontinued after the first day of the seventh calendar month following 49 the month of admission of such veteran or widow for treatment or care. 50 Payment of such annuity shall be resumed if such veteran or widow or 51 widower is discharged from the hospital, institution or home, or if his 52 or her treatment or care therein is otherwise terminated. 53 5. Where payment of the annuity as hereinbefore authorized is to be 54 made to a mentally incompetent person or a conservatee, such payment may 55 be authorized by the commissioner of veterans' services of the state to 56 be paid only to a duly qualified court-appointed committee or conserva-S. 8006--C 81 A. 9006--C 1 tor, legally vested with the care of such incompetent's person or prop- 2 erty or of such conservatee's property, except that in the case of an 3 incompetent annuitant for whom a committee has not been appointed or a 4 person under a substantial impairment for whom a conservator has not 5 been appointed and who is hospitalized in a United States veterans 6 health administration hospital or in a hospital under the jurisdiction 7 of the state of New York, the commissioner of veterans' services of the 8 state may in his or her discretion certify payment of the annuity, as 9 hereinbefore authorized, to the manager of such United States veterans 10 health administration hospital or to the commissioner of such state 11 hospital for the account of the said incompetent or substantially 12 impaired annuitant. 13 § 24. New York state veterans' cemeteries. 1. Legislative intent. The 14 legislature finds and determines that the devoted service and sacrifice 15 of veterans deserve important, unique and eternal recognition by the 16 state of New York. That it is by means of the devoted service and sacri- 17 fice of veterans that the liberty, freedom and prosperity enjoyed by all 18 New Yorkers is maintained and preserved. 19 The legislature further finds and determines that to provide this 20 important, unique and eternal recognition, the state shall establish a 21 program of New York state veterans' cemeteries in New York. Such program 22 shall provide for the construction, establishment, expansion, improve- 23 ment, support, operation, maintenance and the provision of perpetual 24 care for state veterans' cemeteries in this state, and thereby for the 25 memorialization and remembrance of individual veterans and their service 26 to their community, state and nation. 27 The legislature additionally finds and determines that it is therefore 28 necessary to provide for the construction and establishment of one or 29 more New York state veterans' cemeteries, and that to thereafter, 30 provide for the expansion, improvement, support, operation, maintenance 31 and the provision of perpetual care of all such cemeteries so 32 constructed and established. The legislature also finds and determines 33 that it is appropriate to have the responsibility for the construction, 34 establishment, expansion, improvement, support, operation, maintenance 35 and the provision of perpetual care for veterans' cemeteries in this 36 state, to be under the oversight and direction of the state department 37 of veterans' services, and its commissioner, individually, and as chair 38 of the management board, for each such veterans' cemetery so constructed 39 and established. 40 2. The establishment of the first New York state veterans' cemetery. 41 (a) The commissioner shall issue, on behalf of the department, a public 42 request for information for any local government desiring to have the 43 first state veterans' cemetery located within its political subdivision. 44 Such request shall specify the type of information to be provided, 45 including, at a minimum, a detailed map of the site including potential 46 transportation routes, the history of the site, the types of burials the 47 site could accommodate, and the estimated number of veterans within a 48 seventy-five mile radius of the site. Such requests for information 49 shall be returnable to the department by no later than sixty days 50 following the issuance of the requests for information. Requests for 51 information issued by and returned to the department shall be publicly 52 available and posted on the department's website. 53 (a-1) Following the deadline for the return of requests for informa- 54 tion pursuant to paragraph (a) of this subdivision, the department, in 55 cooperation with the United States Department of Veterans Affairs, and 56 in consultation with, and upon the support of the department of stateS. 8006--C 82 A. 9006--C 1 division of cemeteries, is hereby directed to conduct an investigation 2 and study on the issue of the construction and establishment of the 3 first New York state veterans' cemetery. Such investigation and study 4 shall include, but not be limited to: 5 (i) Potential site locations for such cemetery, with full consider- 6 ation as to the needs of the veterans population; only locations within 7 local governments that have submitted a request for information pursuant 8 to paragraph (a) of this subdivision shall be considered and each such 9 submission shall be considered; 10 (ii) The size of the cemetery and types of grave sites; 11 (iii) The number of annual interments at the cemetery; 12 (iv) Transportation accessibility to the cemetery by veterans, their 13 families and the general public; 14 (v) Costs for construction of the cemetery; 15 (vi) Costs of operation of the cemetery, including but not limited to 16 staffing costs to maintain the cemetery; 17 (vii) Scalability of the cemetery for future growth and expansion; 18 (viii) Potential for funding for the cemetery from federal, local and 19 private sources; 20 (ix) Cost of maintenance; 21 (x) Data on the population that would be served by the site; 22 (xi) The average age of the population in the area covered; 23 (xii) The mortality rate of the veteran population for the area; 24 (xiii) Surrounding land use; 25 (xiv) Topography of the land; 26 (xv) Site characteristics; 27 (xvi) Cost of land acquisition; 28 (xvii) The location of existing cemeteries including but not limited 29 to national veterans' cemeteries, county veterans' cemeteries, ceme- 30 teries that have plots devoted to veterans, not-for-profit cemeteries 31 and any other burial ground devoted to veterans and any other type of 32 burial grounds devoted to the interment of human remains that is of 33 public record; and 34 (xviii) Such other and further items as the commissioner of the 35 department deems necessary for the first state veterans' cemetery to be 36 successful. 37 A report of the investigation and study conclusions shall be delivered 38 to the governor, the temporary president of the senate, the speaker of 39 the assembly and the chair of the senate committee on veterans, homeland 40 security and military affairs, and the chair of the assembly committee 41 on veterans' affairs by no later than one hundred eighty days after the 42 department has commenced the conduct of the investigation and study. 43 (a-2) Upon the completion of the investigation and study, the results 44 shall be provided to the selection committee. The selection committee 45 shall consist of nine members as follows: 46 (i) The commissioner of the department of veterans' services, or his 47 or her representative; 48 (ii) The director of the division of the budget, or his or her repre- 49 sentative; 50 (iii) Three members appointed by the governor, two of whom shall be 51 veterans; 52 (iv) Two members appointed by the temporary president of the senate, 53 at least one of whom shall be a veteran; and 54 (v) Two members appointed by the speaker of the assembly, at least one 55 of whom shall be a veteran.S. 8006--C 83 A. 9006--C 1 (a-3) The selection committee shall be subject to articles six and 2 seven of the public officers law. The selection committee shall evaluate 3 the results of the study and, upon a majority vote, make a determination 4 as to the location of the first state veterans' cemetery. In making this 5 determination, the committee's consideration shall, at a minimum, 6 include: 7 (i) The findings established by the study; 8 (ii) The submitted responses to the requests for information issued 9 pursuant to paragraph (a) of this subdivision; 10 (iii) The guidelines for receipt of federal funding specified in 38 11 USC 2408, 38 CFR 39, and any other relevant federal statute or regu- 12 lation; 13 (iv) The possibility of funding from private individuals, corpo- 14 rations, or foundations; and 15 (v) Any other consideration that would facilitate the successful oper- 16 ation of the first state veterans' cemetery. 17 (b) The commissioner of the department, the commissioner of the office 18 of general services, and the chair of the division of cemeteries shall 19 determine the amount of money necessary to fund the non-reimbursable 20 costs of a state veterans' cemetery, such as operation and maintenance, 21 for a period of not less than ten years, provided that such amount shall 22 not include monies that would be recoverable by the cemetery pursuant to 23 a charge of fee for the provision of a gravesite for a non-veteran 24 spouse or eligible dependent. Prior to submitting any application for 25 funding from the government of the United States in accordance with the 26 grant requirements specified in 38 USC 2408, 38 CFR 30, and other rele- 27 vant federal statutes or regulations, for the purpose of seeking funds 28 to support the construction, establishment, expansion, improvement, 29 support, operation or maintenance of New York state's veterans' ceme- 30 teries, the director of the division of the budget and the office of the 31 state comptroller must certify to the governor, the temporary president 32 of the senate, the speaker of the assembly, the chair of the senate 33 finance committee and the chair of the assembly ways and means committee 34 that there are sufficient funds to cover such amount; provided further 35 that such moneys may include the veterans remembrance and cemetery main- 36 tenance and operation fund created pursuant to section ninety-seven-mmmm 37 of the state finance law. In making such a certification, the director 38 of the division of the budget and the office of the state comptroller 39 shall consider, but are not limited to, the following factors: 40 (i) physical attributes of the veterans cemetery, including size, 41 location, and terrain; 42 (ii) staffing costs, cost of equipment and equipment maintenance, and 43 security costs; 44 (iii) relevant state and federal requirements and specifications for 45 interment and perpetual care; 46 (iv) estimates provided by the United States Department of Veterans 47 Affairs; 48 (v) any other non-reimbursable fiscal cost, charge or assessment that 49 would be incurred by the cemetery. 50 (c) Once the certification that there are sufficient funds pursuant to 51 paragraph (b) of this subdivision has been made, and no later than thir- 52 ty days following the selection of the site pursuant to paragraph (a-3) 53 of this subdivision, the commissioner, in consultation with the manage- 54 ment board of the first New York state veterans' cemetery, shall 55 commence the application process for funding from the government of the 56 United States, in accordance with the grant requirements specified inS. 8006--C 84 A. 9006--C 1 section 2408 of title 38 of the United States code, part 39 of title 38 2 of the code of federal regulations, and any other relevant federal stat- 3 ute or regulation, for the purpose of seeking funds to support the 4 construction, establishment, expansion, improvement, support, operation, 5 maintenance and the provision of perpetual care of New York state's 6 first veterans' cemetery. Such grant application shall be based on a 7 site selected pursuant to paragraph (a-3) of this subdivision, and shall 8 be consistent with the guidelines for receipt of federal funding pursu- 9 ant to the relevant provisions of federal law. 10 (d) A management board for the first New York state veterans' cemetery 11 shall be appointed pursuant to subdivision three of this section. 12 (e) The commissioner shall promulgate rules and regulations governing: 13 (i) The guidelines and standards for the construction, establishment, 14 expansion, improvement, support, operation, maintenance and the 15 provision of perpetual care for a state veterans' cemetery. Such guide- 16 lines shall include, but not be limited to: 17 (1) The size and terrain of the cemetery; 18 (2) The management and operation of the cemetery, including but not 19 limited to: 20 (A) Hours of operation; 21 (B) Employees, employee relations, and employee duties; 22 (C) The conduct and practice of events, ceremonies and programs; 23 (D) The filing and compliance of the cemetery with state and federal 24 regulators; and 25 (E) Such other and further operational and management practices and 26 procedures as the commissioner shall determine to be necessary for the 27 successful operation of a state veterans' cemetery. 28 (3) The layout of plots; 29 (4) The locations of building and infrastructure, including but not 30 limited to: 31 (A) Electrical lines and facilities; 32 (B) Waterlines, irrigation systems, and drainage facilities; 33 (C) Trees, flowers and other plantings; 34 (D) Non gravesite memorials, gravesite memorials, mausoleums, colum- 35 barium niches, headstones, grave markers, indoor interment facilities, 36 committal-service shelters, signage, flag poles, and other memorial 37 gathering spaces or infrastructure; 38 (E) Roadways, pedestrian pathways, parking sites, curbs and curb cuts; 39 (F) Ponds, lakes and other water sites; 40 (G) Retaining walls, gates, fences, security systems or other devices 41 for cemetery protection; and 42 (H) Any other buildings, structures or infrastructure necessary for 43 the safe, efficient and effective operation of the cemetery; 44 (5) The qualifications for interment, consistent with the provisions 45 of state and federal law and any requirements pursuant to the receipt of 46 federal, state, local or private funds; 47 (6) The location and placement of interments; 48 (7) Consistent with the provisions of state and federal law and any 49 requirements pursuant to the receipt of federal, state, local or private 50 funds, the financial management of the cemetery, including but not 51 limited to: 52 (A) The procedures for the protection and implementation of the ceme- 53 tery's annual budget; 54 (B) The seeking, collecting, deposit and expenditure of operating 55 funds pursuant to the cemetery's budget;S. 8006--C 85 A. 9006--C 1 (C) The seeking, collecting, deposit and expenditure of capital funds 2 pursuant to the cemetery's capital plan; 3 (D) The seeking, collecting, deposit and expenditure of emergency 4 funds to address an unexpected event; 5 (E) The assessment, charging, collection and deposit of fees and 6 charges; 7 (F) The management of cemetery finances, both current and future, with 8 respect to investments; and 9 (G) Such other and further procedures and activities concerning the 10 financial management of the cemetery; 11 (8) The provision of perpetual care for the cemetery, including but 12 not limited to: 13 (A) The frequency, standards and methods for the beautification and 14 maintenance of grounds, memorials, gravesites, buildings, ceremonial 15 sites, or other locations within, or upon the curtilage of the cemetery; 16 (B) The frequency, standards and methods for the provision of flags, 17 patriotic and military symbols, and other honorary items, at each 18 gravesite and throughout the cemetery; and 19 (C) Such other and further standards as are necessary to assure the 20 proper perpetual care of the cemetery in a manner befitting the highest 21 level of honor and respect deserving to those veterans and their fami- 22 lies interred in the cemetery; 23 (9) Guidelines and standards for the procurement of land for the ceme- 24 tery providing that the state veterans' cemetery, and all the property 25 upon which it resides shall be owned in fee simple absolute by the state 26 of New York; 27 (10) Guidelines and standards for the practices and procedures for the 28 construction and establishment of a state veterans' cemetery, including 29 contracting and purchasing for construction services, professional 30 services, legal services, architectural services, consulting services, 31 as well as the procurement of materials, all consistent with the rele- 32 vant provisions of federal, state and local law, the regulations promul- 33 gated thereunder, and the requirements contained in the grants awarded 34 or pursued from the federal government, or any source of private fund- 35 ing; 36 (11) Guidelines and standards for the practices and procedures for the 37 expansion and improvement of a state veterans' cemetery, including 38 contracting and purchasing for construction services, professional 39 services, legal services, architectural services, consulting services, 40 as well as the procurement of materials, all consistent with the rele- 41 vant provisions of federal, state and local law, the regulations promul- 42 gated thereunder, and the requirements contained in the grants awarded 43 or pursued from the federal government, or any source of private fund- 44 ing; 45 (12) Any other guidelines and standards that would facilitate the 46 successful construction, establishment, expansion, improvement, support, 47 operation, maintenance and the provision of perpetual care for the state 48 veterans' cemetery; 49 (ii) Guidelines and standards for any local government desiring to 50 have the first state veterans' cemetery located within its political 51 subdivision, including, but not limited to: 52 (1) The requirement that the local government will comply with all 53 state and federal statutes and regulations concerning the construction, 54 establishment, expansion, improvement, support, operation, maintenance 55 and the provision of perpetual care of the state veterans' cemetery, andS. 8006--C 86 A. 9006--C 1 shall satisfy any and all applicable state and federal standards and 2 requirements for the perpetual care of the state veterans' cemetery; 3 (2) That the state veterans' cemetery, and all the property upon which 4 it resides shall be owned in fee simple absolute by the state of New 5 York; 6 (3) That all lands upon which such cemetery is constructed and estab- 7 lished shall be used solely for state veterans' cemetery purposes, and 8 for the purpose of providing the honor and remembrance of veterans and 9 their service through ceremonies and programs; 10 (4) Such other and further requirements as the commissioner may deem 11 prudent in the facilitation of the successful siting and operation of a 12 state veterans' cemetery in the jurisdiction of the local government; 13 and 14 (iii) Such other and further guidelines and standards as are necessary 15 for the successful construction, establishment, expansion, improvement, 16 support, operation, maintenance and the provision of perpetual care for 17 a state veterans' cemetery. 18 (f) Upon the approval of the application for funding from the govern- 19 ment of the United States, made pursuant to paragraph (c) of this subdi- 20 vision, the commissioner, upon consultation with the management board, 21 shall commence the process of construction and establishment of the 22 first state veterans' cemetery. Such process shall be consistent with 23 the relevant provisions of local, state and federal law, and the rules 24 and regulations established pursuant to paragraph (e) of this subdivi- 25 sion. 26 3. Management boards of New York state veterans' cemeteries. (a) For 27 each New York state veterans' cemetery there shall be a management 28 board. Each such management board shall consist of nine members, includ- 29 ing the commissioner of the department who shall serve as chair, and 30 four members, appointed by the governor. Of such four members, not fewer 31 than two shall be a veteran of the United States as defined in section 32 one of this article or a member of the New York army national guard or 33 the New York air national guard, or the New York naval militia. Two 34 members shall be appointed by the temporary president of the senate, and 35 two members shall be appointed by the speaker of the state assembly. 36 At least one of the members appointed by the temporary president of the 37 senate and at least one of the members appointed by the speaker of 38 the assembly shall be a veteran of the United States as defined in 39 section one of this article or a member of the New York army national 40 guard or the New York air national guard, or the New York naval militia. 41 No member shall receive any compensation for his or her service, but 42 members who are not state officials may be reimbursed for their actu- 43 al and necessary expenses, including travel expenses incurred in 44 performance of their duties. The management board may consult with any 45 federal, state or local entity for the purposes of advancing its 46 purposes, mission and duties. 47 (b) The management board shall advise, by majority vote, the commis- 48 sioner on issues concerning the construction, establishment, expansion, 49 improvement, support, operation, maintenance and the provision of 50 perpetual care for the veterans' cemetery, including but not limited to 51 issues of financial concern, employment relations, cemetery policy, 52 cemetery events and programs, and such other and further issues as the 53 board and commissioner shall deem important. 54 4. Additional state veterans' cemeteries. (a) Not later than ten years 55 after the construction and establishment of the first New York state 56 veterans' cemetery, and every ten years thereafter, the department, inS. 8006--C 87 A. 9006--C 1 cooperation with the United States Department of Veterans Affairs, shall 2 conduct an investigation and study on the issue of the construction and 3 establishment of additional New York state veterans' cemeteries. Such 4 investigation and study shall consider, but not be limited to, the study 5 parameters established pursuant to paragraph (a) of subdivision two of 6 this section. A report of the investigation and study required to be 7 conducted pursuant to this subdivision shall be delivered to the gover- 8 nor, the temporary president of the senate, the speaker of the assembly 9 and the chair of the senate committee on veterans, homeland security and 10 military affairs, and the chair of the assembly committee on veterans' 11 affairs, by no later than ninety days after the department has commenced 12 the conduct of the investigation and study; 13 (b) The report of the investigation and study required to be conducted 14 pursuant to this subdivision shall provide a determination by the direc- 15 tor as to whether the state should construct and establish one or more 16 additional veterans' cemeteries, and shall state the reasoning and basis 17 for such determination; and 18 (c) The department may, at the discretion of the commissioner, at any 19 time after five years from the completion of construction of the most 20 recently constructed and established state veterans' cemetery, in coop- 21 eration with the United States Department of Veterans Affairs, conduct 22 an investigation and study on the issue of the construction and estab- 23 lishment of additional New York state veterans' cemeteries. A report of 24 the investigation and study required to be conducted shall be delivered 25 to the governor, the temporary president of the senate, the speaker of 26 the assembly and the chair of the senate committee on veterans, homeland 27 security and military affairs, and the chair of the assembly committee 28 on veterans' affairs, by no later than ninety days after the department 29 has commenced the conduct of the investigation and study. 30 (d) If the commissioner, pursuant to the investigation and study 31 conducted pursuant to this subdivision, determines that there shall be 32 an additional state veterans' cemetery in New York state, the commis- 33 sioner shall provide for the construction and establishment of such new 34 veterans' cemetery pursuant to the same guidelines and standards for the 35 construction and establishment of the first state veterans' cemetery 36 under this section. 37 5. Expansion and improvement of existing state veterans' cemeteries. 38 The commissioner, in consultation with the management board of a state 39 veterans' cemetery, may provide for the expansion and/or improvement of 40 the cemetery. Such expansion and improvement shall be conducted in 41 accordance with the rules and regulations of the department under para- 42 graph (e) of subdivision two of this section. 43 § 25. Veterans health screening. 1. As used in this section: a. 44 "Eligible member" means a member of the New York army national guard or 45 the New York air national guard who served in the Persian Gulf War, as 46 defined in 38 USC 101, or in an area designated as a combat zone by the 47 president of the United States during Operation Enduring Freedom or 48 Operation Iraqi Freedom; 49 b. "Veteran" means a person as defined in section one of this article 50 who is a resident of the state; 51 c. "Military physician" includes a physician who is under contract 52 with the United States department of defense to provide physician 53 services to members of the uniformed services; and 54 d. "Depleted uranium" means uranium containing less uranium-235 than 55 the naturally occurring distribution of uranium isotopes.S. 8006--C 88 A. 9006--C 1 2. On and after February first, two thousand seven, the adjutant 2 general and the state commissioner shall assist any eligible member or 3 veteran who has been experiencing health problems. Such problems may 4 include exposure to toxic materials or harmful physical agents such as 5 depleted uranium. An eligible member or veteran who has been assigned a 6 risk level I, II or III for depleted uranium exposure by his or her 7 branch of service, is referred by a military physician, or has reason to 8 believe that he or she was exposed to toxic materials or harmful phys- 9 ical agents such as depleted uranium during such service, in obtaining 10 federal treatment services. Such treatment shall include, but not be 11 limited to, a best practice health screening test for exposure to 12 depleted uranium using a bioassay procedure involving sensitive methods 13 capable of detecting depleted uranium at low levels and the use of 14 equipment with the capacity to discriminate between different radioiso- 15 topes in naturally occurring levels of uranium and the characteristic 16 ratio and marker for depleted uranium. As more scientific reliable tests 17 become available such test shall be included in the treatment protocol. 18 No state funds shall be used to pay for such tests or such other federal 19 treatment services. 20 3. On or before February first, two thousand seven, the adjutant 21 general shall submit a report to the chair of the senate veterans, home- 22 land security and military affairs committee and the chair of the assem- 23 bly veterans' affairs committee on the scope and adequacy of training 24 received by members of the New York army national guard and the New York 25 air national guard on detecting whether their service as eligible 26 members is likely to entail, or to have entailed, exposure to toxic 27 materials or harmful physical agents such as depleted uranium. The 28 report shall include an assessment of the feasibility and cost of adding 29 predeployment training concerning potential exposure to depleted uranium 30 and other toxic chemical substances and the precautions recommended 31 under combat and noncombat conditions while in a combat theater or 32 combat zone of operations. 33 § 26. Payment to parents of veterans. 1. Annuity established. (a) A 34 parent, identified in 10 USC 1126 as a gold star parent, of a veteran 35 who heretofore has died or a parent of a veteran dying hereafter, shall 36 upon application to the state commissioner, be paid an annual annuity 37 out of the treasury of the state for the sum of five hundred dollars for 38 such term as such parent shall be entitled thereto under the provisions 39 of this article. Commencing in the year two thousand nineteen, the 40 amount of any annuity payable under this section shall be the same 41 amount as the annuity payable in the preceding year plus a percentage 42 adjustment equal to the annual percentage increase, if any, for compen- 43 sation and pension benefits administered by the United States Department 44 of Veterans Affairs in the previous year. Such percentage increase shall 45 be rounded up to the next highest one-tenth of one percent and shall not 46 be less than one percent nor more than four percent. The commissioner of 47 veterans' services, not later than February first of each year, shall 48 publish by any reasonable means, including but not limited to posting on 49 the department's website, the amount of the annuity as adjusted payable 50 under this section. The term "parent" for the purposes of this section 51 includes mother, father, stepmother, stepfather, mother through adoption 52 and father through adoption. 53 (b) The entitlement of any parent to receive the annuity provided by 54 paragraph (a) of this subdivision shall terminate upon his or her death 55 or upon his or her ceasing to continue to be a resident of and domiciled 56 in the state of New York, but such entitlement may be reinstated uponS. 8006--C 89 A. 9006--C 1 application to the state commissioner, if such parent shall thereafter 2 resume his or her residence and domicile in the state. 3 (c) The effective date of an award of the annuity to a parent shall be 4 the day after the date of death of the veteran if the application there- 5 for is received within one year from date of death. If the application 6 is received after the expiration of the first year following the date of 7 the death of the veteran, the effective date of an award of the annuity 8 to a parent shall be the date of receipt of the application by the state 9 commissioner. If the application is denied but is granted at a later 10 date upon an application for reconsideration based upon new evidence, 11 the effective date of the award of the annuity to a parent shall be the 12 date of the receipt of the application for reconsideration by the state 13 commissioner. 14 (d) Any applicant convicted of making any false statement in the 15 application for the annuity shall be subject to penalties prescribed in 16 the penal law. 17 2. Qualifications. (a) Any gold star parent, who is the parent of a 18 deceased veteran, and who is a resident of and domiciled in the state of 19 New York, shall make application to the department. 20 (b) No entitlement shall be paid under this section to or for a gold 21 star parent who is in prison in a federal, state, or local penal insti- 22 tution as a result of conviction of a felony or misdemeanor for any part 23 of the period beginning sixty-one days after his or her imprisonment 24 begins and ending with his or her release. 25 (c) Where one or more gold star parents are disqualified for the annu- 26 ity for a period under paragraph (b) of this subdivision, the state 27 commissioner shall pay the shares of such disqualified parents to the 28 other parents, if they meet the qualifications on their own. 29 (d) The decision of the state commissioner on matters regarding the 30 payment of such annuity shall be final. 31 3. Method of payment. (a) Evidence of the military service of the 32 deceased veteran of the gold star parent for each case shall be 33 furnished in the manner and form prescribed by the state commissioner. 34 (b) Upon being satisfied that such service was honorable, that other 35 facts and statements in the application of such gold star parent are 36 true, the state commissioner shall certify to the state comptroller the 37 name and address of such gold star parent. 38 (c) Thereafter, the department of taxation and finance, on the audit 39 and warrant of the comptroller, shall pay such gold star parent such sum 40 as is authorized by the provisions of this section in semi-annual 41 installments for so long as such qualified gold star parent shall meet 42 the requirements of this section. 43 4. Report. The state commissioner shall submit a report to the gover- 44 nor, the chair of the senate finance committee, and the chair of the 45 assembly ways and means committee not later than January fifteenth of 46 each year this section is in effect. Such report shall include, but not 47 be limited to regulations promulgated pursuant to this section, and a 48 description and evaluation of the program. 49 § 27. Cremated remains of a veteran. The cremated remains of a veteran 50 may be disposed of pursuant to the provisions of section forty-two 51 hundred three of the public health law. 52 § 28. New York state silver rose veterans service certificate. The 53 commissioner, in consultation with the adjutant general, is hereby 54 authorized to present in the name of the legislature of the state of New 55 York, a certificate, to be known as the "New York State Silver RoseS. 8006--C 90 A. 9006--C 1 Veterans Service Certificate", bearing a suitable inscription to any 2 person: 3 1. who is a citizen of the state of New York; or 4 2. who was a citizen of the state of New York while serving in the 5 uniformed services of the United States, and who while serving in the 6 uniformed services of the United States, or the organized militia on 7 active duty was exposed to dioxin or phenoxy herbicides, as evinced by a 8 medical diagnosis of a disease associated with dioxin or phenoxy herbi- 9 cides, and any other proof determined by the adjutant general to be 10 necessary; or 11 3. who was honorably discharged or released under honorable circum- 12 stances. 13 Not more than one New York state silver rose veterans certificates 14 shall be awarded or presented, under the provisions of this section, to 15 any person whose entire service subsequent to the time of the receipt of 16 such certificate shall not have been honorable. In the event of the 17 death of any person during or subsequent to the receipt of such certif- 18 icate it shall be presented to such representative of the deceased as 19 may be designated. The commissioner, in consultation with the adjutant 20 general, shall make such rules and regulations as may be deemed neces- 21 sary for the proper presentation and distribution of such certificates. 22 § 29. Intake forms for admission and residency. 1. The department, in 23 cooperation with the office of temporary and disability assistance and 24 any other state department, office, division or agency the depart- 25 ment deems necessary, shall require that all intake forms for admis- 26 sion or residency to any temporary shelter that is reimbursed from 27 state or state-administered grants or funds shall ask an applicant: 28 "Have you or anyone in your household ever been in the United States 29 military?". Each social services district or social services district's 30 designee shall in writing advise all individuals applying for temporary 31 housing assistance and identifying themselves as having been in the 32 United States military that the department of veterans' services 33 and local veterans' service agencies established pursuant to section 34 fourteen of this article provide assistance to veterans regarding bene- 35 fits available under federal and state law. Such written information 36 shall include the name, address and telephone number of the New York 37 state department of veterans' services, the nearest department of 38 veterans' services office, the nearest county or city veterans' service 39 agency and the nearest accredited veterans' service officer. Each 40 social services district or social services district's designee, 41 with the permission of such individual's identifying themself as 42 a veteran, shall transmit such veteran's status information to the 43 department of veterans' services. 44 2. The department, in cooperation with the office of temporary 45 and disability assistance and any other state department, office, 46 division or agency the department deems necessary, shall encourage 47 all other temporary shelter providers to share information to 48 increase veteran access to benefits by: 49 (a) providing information on the department website including: 50 (i) potential questions for inclusion on intake forms including, but 51 not limited to: "Have you or anyone in your household ever been in the 52 United States military?"; 53 (ii) advising such providers that all individuals identifying 54 themselves as having been in the United States military that the 55 division and local veterans' service agencies provide assistance to 56 veterans regarding benefits available under federal and state law; andS. 8006--C 91 A. 9006--C 1 (iii) the address and telephone number of the department, county 2 and city veterans' service agencies and accredited veterans' 3 service officers; and 4 (b) facilitating the transmission of such veteran's status 5 information, with the permission of individuals identifying themselves 6 as a veteran, to the department. 7 ARTICLE 2 8 VETERANS EMPLOYMENT ACT 9 Section 30. Short title. 10 31. Legislative findings. 11 32. Definitions. 12 33. Temporary hiring. 13 34. Department of civil services responsibilities. 14 35. Regulations. 15 § 30. Short title. This article shall be known and may be cited as the 16 "veterans employment act". 17 § 31. Legislative findings. The legislature hereby finds that it is 18 estimated that over the next five years, forty-four thousand veterans 19 are expected to return to this state from their military posts, making 20 the Empire State home to one of the largest veteran populations in the 21 country. Shockingly, the unemployment rate for Post-9/11 veterans in New 22 York was 10.7% in two thousand twelve, which is nearly one percent high- 23 er than the national average and higher than the state's overall 8.2% 24 unemployment rate. The legislature has found previously that it is in 25 the interest of the state to ensure that returning veterans have employ- 26 ment opportunities available upon their separation from military 27 service. 28 The state already encourages private businesses to hire military 29 veterans through tax credits and other economic incentives. In addition, 30 the legislature has previously found that state agencies spend millions 31 of dollars annually on temporary staff hired from temporary employment 32 service companies to cover temporary staffing needs. These temporary 33 state jobs could serve as a bridge for recently discharged military 34 veterans who have yet to find full-time permanent work. In addition, 35 these temporary assignments could serve to develop the next generation 36 of the state workforce and help with succession planning for the current 37 workforce. 38 The legislature declares it to be the policy of this state to use 39 veterans for temporary appointments in state agencies rather than 40 utilizing temporary employment service companies in order to provide 41 employment opportunities for returning military veterans. 42 § 32. Definitions. As used in this article: 43 1. "State agency" shall mean any department, board, bureau, division, 44 commission, council or committee within the executive branch, the state 45 university of New York, the city university of New York, and all public 46 authorities under the control of the executive branch. 47 2. "Temporary appointment" shall have the same meaning as provided in 48 section sixty-four of the civil service law. 49 3. "Veteran" means a veteran (a) as defined in section one of this 50 chapter, or (b) a member of the New York guard or New York naval mili- 51 tia who was discharged under other than dishonorable conditions, and who 52 was released from such service after September eleventh, two thousand 53 one. 54 4. "Veteran temporary hiring list" shall mean a hiring list maintained 55 by the department of civil service.S. 8006--C 92 A. 9006--C 1 § 33. Temporary hiring. Notwithstanding any provision of law to the 2 contrary, a state agency shall select a veteran from the veteran tempo- 3 rary hiring list when making a temporary appointment provided such 4 veteran possesses the applicable skills needed for the temporary assign- 5 ment. 6 § 34. Department of civil services responsibilities. The department of 7 civil service shall: 8 1. establish and maintain a veteran temporary hiring list, for use by 9 state agencies in the implementation of this article; 10 2. assist state agencies by making available services of the depart- 11 ment of civil service to facilitate the provisions of this article; and 12 3. establish and maintain, together with the commissioner of the 13 department of veterans' services, a program to educate separating 14 service members as to the benefits available to veterans under this 15 article. 16 § 35. Regulations. The president of the state civil service commission 17 shall promulgate such rules and regulations as shall be necessary to 18 implement the provisions of this article. 19 ARTICLE 3 20 PARTICIPATION BY SERVICE-DISABLED VETERANS WITH RESPECT TO 21 STATE CONTRACTS 22 Section 40. Definitions. 23 41. Division of service-disabled veterans' business development. 24 42. Opportunities for certified service-disabled veteran-owned 25 business enterprises. 26 43. Severability. 27 § 40. Definitions. As used in this article, the following terms shall 28 have the following meanings: 29 1. "Certified service-disabled veteran-owned business enterprise" 30 shall mean a business enterprise, including a sole proprietorship, part- 31 nership, limited liability company or corporation that is: 32 (a) at least fifty-one percent owned by one or more service-disabled 33 veterans; 34 (b) an enterprise in which such service-disabled veteran ownership is 35 real, substantial, and continuing; 36 (c) an enterprise in which such service-disabled veteran ownership has 37 and exercises the authority to control independently the day-to-day 38 business decisions of the enterprise; 39 (d) an enterprise authorized to do business in this state and is inde- 40 pendently-owned and operated; 41 (e) an enterprise that is a small business which has a significant 42 business presence in the state, not dominant in its field and employs, 43 based on its industry, a certain number of persons as determined by the 44 director, but not to exceed three hundred, taking into consideration 45 factors which include, but are not limited to, federal small business 46 administration standards pursuant to 13 CFR part 121 and any amendments 47 thereto; and 48 (f) certified by the office of general services. 49 2. "Commissioner" shall mean the commissioner of the office of general 50 services. 51 3. "Director" shall mean the director of the division of service-disa- 52 bled veterans' business development. 53 4. "Division" shall mean the division of service-disabled veterans' 54 business development in the office of general services.S. 8006--C 93 A. 9006--C 1 5. "Service-disabled veteran" shall mean (a) a veteran as defined in 2 section one of this chapter and who received a compensation rating of 3 ten percent or greater from the United States Department of Veterans 4 Affairs or from the United States department of defense because of a 5 service-connected disability incurred in the line of duty, and (b) in 6 the case of the New York guard or the New York naval militia and/or 7 reserves thereof, a veteran who certifies, pursuant to the rules and 8 regulations promulgated by the director, to having incurred an injury 9 equivalent to a compensation rating of ten percent or greater from the 10 United States Department of Veterans Affairs or from the United States 11 Department of Defense because of a service-connected disability incurred 12 in the line of duty. 13 6. "State agency" shall mean: (a)(i) any state department; or (ii) any 14 division, board, commission or bureau of any state department; or (iii) 15 the state university of New York and the city university of New York, 16 including all their constituent units except community colleges and the 17 independent institutions operating statutory or contract colleges on 18 behalf of the state; or (iv) a board, a majority of whose members are 19 appointed by the governor or who serve by virtue of being state officers 20 or employees as defined in subparagraph (i), (ii) or (iii) of paragraph 21 (i) of subdivision one of section seventy-three of the public officers 22 law. 23 (b) a "state authority" as defined in subdivision one of section two 24 of the public authorities law, and the following: 25 Albany County Airport Authority; 26 Albany Port District Commission; 27 Alfred, Almond, Hornellsville Sewer Authority; 28 Battery Park City Authority; 29 Cayuga County Water and Sewer Authority; 30 (Nelson A. Rockefeller) Empire State Plaza Performing Arts Center 31 Corporation; 32 Industrial Exhibit Authority; 33 Livingston County Water and Sewer Authority; 34 Long Island Power Authority; 35 Long Island Rail Road; 36 Long Island Market Authority; 37 Manhattan and Bronx Surface Transit Operating Authority; 38 Metro-North Commuter Railroad; 39 Metropolitan Suburban Bus Authority; 40 Metropolitan Transportation Authority; 41 Natural Heritage Trust; 42 New York City Transit Authority; 43 New York Convention Center Operating Corporation; 44 New York State Bridge Authority; 45 New York State Olympic Regional Development Authority; 46 New York State Thruway Authority; 47 Niagara Falls Public Water Authority; 48 Niagara Falls Water Board; 49 Port of Oswego Authority; 50 Power Authority of the State of New York; 51 Roosevelt Island Operating Corporation; 52 Schenectady Metroplex Development Authority; 53 State Insurance Fund; 54 Staten Island Rapid Transit Operating Authority; 55 State University Construction Fund; 56 Syracuse Regional Airport Authority;S. 8006--C 94 A. 9006--C 1 Triborough Bridge and Tunnel Authority; 2 Upper Mohawk valley regional water board; 3 Upper Mohawk valley regional water finance authority; 4 Upper Mohawk valley memorial auditorium authority; 5 Urban Development Corporation and its subsidiary corporations. 6 (c) the following only to the extent of state contracts entered into 7 for its own account or for the benefit of a state agency as defined in 8 paragraph (a) or (b) of this subdivision: 9 Dormitory Authority of the State of New York; 10 Facilities Development Corporation; 11 New York State Energy Research and Development Authority; 12 New York State Science and Technology Foundation. 13 (d) "state contract" shall mean: (i) a written agreement or purchase 14 order instrument, providing for a total expenditure in excess of twen- 15 ty-five thousand dollars, whereby a contracting agency is committed to 16 expend or does expend funds in return for labor, services including but 17 not limited to legal, financial and other professional services, 18 supplies, equipment, materials or any combination of the foregoing, to 19 be performed for, or rendered or furnished to the contracting agency; 20 (ii) a written agreement in excess of one hundred thousand dollars 21 whereby a contracting agency is committed to expend or does expend funds 22 for the acquisition, construction, demolition, replacement, major repair 23 or renovation of real property and improvements thereon; and (iii) a 24 written agreement in excess of one hundred thousand dollars whereby the 25 owner of a state assisted housing project is committed to expend or does 26 expend funds for the acquisition, construction, demolition, replacement, 27 major repair or renovation of real property and improvements thereon for 28 such project. 29 7. "Veteran" shall mean (a) a veteran as defined in section one of 30 this chapter, or (b) a member of the New York guard who was 31 discharged under other than dishonorable conditions, or (c) has a qual- 32 ifying condition, as defined in section one of this chapter, and has 33 received a discharge other than bad conduct or dishonorable from such 34 service, or (d) is a discharged LGBT veteran, as defined in section one 35 of this chapter, and has received a discharge other than bad conduct 36 or dishonorable from such service. 37 § 41. Division of service-disabled veterans' business development. 1. 38 The head of the division of service-disabled veterans' business develop- 39 ment shall be the director who shall be appointed by the governor and 40 who shall hold office at the pleasure of the commissioner. 41 2. The director may appoint such deputies, assistants, and other 42 employees as may be needed for the performance of the duties prescribed 43 herein subject to the provisions of the civil service law and the rules 44 and regulations of the civil service commission. The director may 45 request and shall receive from any (i) department, division, board, 46 bureau, or executive commission of the state or (ii) state agency, such 47 assistance as may be necessary to carry out the provisions of this arti- 48 cle. 49 3. The director shall have the following powers and duties: 50 (a) Develop, collect, summarize and disseminate information that will 51 be helpful to persons and organizations throughout the state in under- 52 taking or promoting the establishment and successful operation of a 53 service-disabled veteran-owned business. 54 (b) Develop and make available to state agencies a directory of certi- 55 fied service-disabled veteran-owned business enterprises which shall, 56 wherever practicable, be divided into categories of labor, services,S. 8006--C 95 A. 9006--C 1 supplies, equipment, materials and recognized construction trades and 2 which shall indicate areas or locations of the state where such enter- 3 prises are available to perform services. Such directory shall be posted 4 on the office of general services website. 5 (c) Assist state agencies in the development of programs to foster and 6 promote the use of service-disabled veteran-owned business enterprises 7 on state contracts. 8 (d) Coordinate the plans, programs and operations of the state govern- 9 ment which affect or may contribute to the establishment, preservation 10 and development of service-disabled veteran-owned business enterprises. 11 (e) To appoint independent hearing officers who by contract or terms 12 of employment shall preside over adjudicatory hearings pursuant to this 13 section for the office and who are assigned no other work by the office. 14 (f) In conjunction with the commissioner, develop a comprehensive 15 statewide plan and operational guidelines to promote service-disabled 16 veteran-owned business enterprises and to assist them in obtaining 17 opportunities to participate in the procurement of goods and services by 18 the state, including identification of barriers to service-disabled 19 veterans' business development and investigation and evaluation of their 20 impact on achieving the objectives of this article. 21 4. The commissioner shall: 22 (a) Coordinate training of all procurement personnel of state agen- 23 cies, emphasizing increased sensitivity and responsiveness to the unique 24 needs and requirements of service-disabled veteran-owned business enter- 25 prises. 26 (b) Conduct a coordinated review of all existing and proposed state 27 training and technical assistance activities in direct support of the 28 service-disabled veterans' business development program to assure 29 consistency with the objectives of this article. 30 (c) Evaluate and assess availability of firms for the purpose of 31 increasing participation of such firms in state contracting in consulta- 32 tion with relevant state entities including, but not limited to, the New 33 York state department of veterans' services. 34 (d) Provide advice and technical assistance to promote service-disa- 35 bled veteran-owned business enterprises' understanding of state procure- 36 ment laws, practices and procedures to facilitate and increase the 37 participation of service-disabled veteran-owned business enterprises in 38 state procurement. 39 (e) Establish regular performance reporting systems regarding imple- 40 mentation of the programs designed to increase service-disabled veter- 41 an-owned business participation in procurement contracts by state agen- 42 cies. 43 (f) Submit a report by the thirty-first of December each year, to the 44 governor, the temporary president of the senate, the speaker of the 45 assembly and the chairpersons of the senate finance and assembly ways 46 and means committees. Such report shall include information including, 47 but not limited to, the number of contracts entered into pursuant to 48 this article, the average amount of such contracts, the number of 49 service-disabled veteran-owned business enterprises certified, the 50 number of applications for certification as a service-disabled veteran- 51 owned business enterprise, the number of denials for such certification, 52 the number of appeals of such denials, and the outcome of such appeals 53 and the average time that is required for such certification to be 54 completed. Also to be included shall be the level of service-disabled 55 veteran-owned businesses participating in each agency's contracts for 56 goods and services and on activities of the division and efforts by eachS. 8006--C 96 A. 9006--C 1 contracting agency to promote utilization of service-disabled veteran- 2 owned businesses and to promote and increase participation by certified 3 service-disabled veteran-owned businesses with respect to state 4 contracts and subcontracts to such businesses. Such report may recommend 5 new activities and programs to effectuate the purposes of this article. 6 5. Certification. (a) The director, or in the absence of the director, 7 the commissioner, within ninety days of the effective date of this arti- 8 cle, shall promulgate rules and regulations providing for the establish- 9 ment of a statewide certification program including rules and regu- 10 lations governing the approval, denial, or revocation of any such 11 certification. Such rules and regulations shall include, but not be 12 limited to, such matters as may be required to ensure that the estab- 13 lished procedures thereunder shall at least be in compliance with the 14 code of fair procedure set forth in section seventy-three of the civil 15 rights law. 16 (b) The division of service-disabled veterans' business development 17 shall be responsible for verifying businesses as being owned, operated, 18 and controlled by a service-disabled veteran and for certifying such 19 verified businesses. Status as a service-disabled veteran pursuant to 20 paragraph (a) of this subdivision shall be documented by a copy of the 21 veteran's certificate of release or discharge from active duty, includ- 22 ing but not limited to, a DD-214 form or an honorable service 23 certificate/report of casualty from the Department of Defense, a letter 24 of certification by the United States Department of Veterans Affairs or 25 the United States Department of Defense and any additional information 26 that may be required by the division of service-disabled veterans' busi- 27 ness development. In the case of the New York guard or the New York 28 naval militia and/or reserves thereof, status as a service-disabled 29 veteran pursuant to this paragraph shall be documented pursuant to rules 30 and regulations promulgated by the director, or in the absence of the 31 director, the commissioner. 32 (c) Following application for certification pursuant to this section, 33 the director shall provide the applicant with written notice of the 34 status of the application, including notice of any outstanding deficien- 35 cies, within thirty days. Within sixty days of submission of a final 36 completed application, the director shall provide the applicant with 37 written notice of a determination by the director approving or denying 38 such certification and, in the event of a denial, a statement setting 39 forth the reasons for such denial. Upon a determination denying or 40 revoking certification, the business enterprise for which certification 41 has been so denied or revoked shall, upon written request made within 42 thirty days from receipt of notice of such determination, be entitled to 43 a hearing before an independent hearing officer designated for such 44 purpose by the director. In the event that a request for a hearing is 45 not made within such thirty-day period, such determination shall be 46 deemed to be final. The independent hearing officer shall conduct a 47 hearing and upon the conclusion of such hearing, issue a written recom- 48 mendation to the director to affirm, reverse, or modify such determi- 49 nation of the director. Such written recommendation shall be issued to 50 the parties. The director, within thirty days, by order, must accept, 51 reject or modify such recommendation of the hearing officer and set 52 forth in writing the reason therefor. The director shall serve a copy of 53 such order and reasons therefor upon the business enterprise by personal 54 service or by certified mail return receipt requested. The order of the 55 director shall be subject to review pursuant to article seventy-eight of 56 the civil practice law and rules.S. 8006--C 97 A. 9006--C 1 (d) All certifications shall be valid for a period of five years. 2 § 42. Opportunities for certified service-disabled veteran-owned busi- 3 ness enterprises. 1. The director, or in the absence of the director, 4 the commissioner, within ninety days of the effective date of this arti- 5 cle shall promulgate rules and regulations for the following purposes: 6 (a) provide measures and procedures to ensure that certified service- 7 disabled veteran-owned business enterprises are afforded the opportunity 8 for meaningful participation in the performance of state contracts and 9 to assist in state agencies' identification of those state contracts for 10 which certified service-disabled veteran-owned business enterprises may 11 best perform; 12 (b) provide for measures and procedures that assist state agencies in 13 the identification of state contracts where service-disabled veteran 14 contract goals are practical, feasible and appropriate for the purpose 15 of increasing the utilization of service-disabled veteran-owned business 16 enterprise participation on state contracts; 17 (c) achieve a statewide goal for participation on state contracts by 18 service-disabled veteran-owned business enterprises of six percent; 19 (d) provide for procedures relating to submission and receipt of 20 applications by service-disabled veteran-owned business enterprises for 21 certification; 22 (e) provide for the monitoring and compliance of state contracts by 23 state agencies with respect to the provisions of this article; 24 (f) provide for the requirement that state agencies submit regular 25 reports, as determined by the director, with respect to their service- 26 disabled veteran-owned business enterprise program activity, including 27 but not limited to, utilization reporting and state contract monitoring 28 and compliance; 29 (g) notwithstanding any provision of the state finance law, the public 30 buildings law, the highway law, the transportation law or the public 31 authorities law to the contrary, provide for the reservation or set-a- 32 side of certain procurements by state agencies in order to achieve the 33 objectives of this article; provided, however, that such procurements 34 shall remain subject to (i) priority of preferred sources pursuant to 35 sections one hundred sixty-two and one hundred sixty-three of the state 36 finance law; (ii) the approval of the comptroller of the state of New 37 York pursuant to section one hundred twelve and section one hundred 38 sixty-three of the state finance law and section twenty-eight hundred 39 seventy-nine-a of the public authorities law; and (iii) the procurement 40 record requirements pursuant to paragraph g of subdivision nine of 41 section one hundred sixty-three of the state finance law; and 42 (h) provide for any other purposes to effectuate this article. 43 2. State agencies shall administer the rules and regulations promul- 44 gated by the director for the implementation of this article. 45 § 43. Severability. If any clause, sentence, paragraph, section or 46 part of this article shall be adjudged by any court of competent juris- 47 diction to be invalid, the judgment shall not affect, impair or invali- 48 date the remainder thereof, but shall be confined in its operation to 49 the clause, sentence, paragraph, section or part of this article direct- 50 ly involved in the controversy in which the judgment shall have been 51 rendered. 52 § 3. Paragraph a of subdivision 3 of section 14-a of the domestic 53 relations law, as separately amended by section 27 of part AA of chapter 54 56 and chapter 177 of the laws of 2019, is amended to read as follows: 55 a. No fee shall be charged for any certificate when required by the 56 United States department of veterans affairs or by the [division]S. 8006--C 98 A. 9006--C 1 department of veterans' services of the state of New York to be used in 2 determining the eligibility of any person to participate in the benefits 3 made available by the United States department of veterans affairs or by 4 the state of New York. 5 § 4. Subdivision 1 of section 19 of the domestic relations law, as 6 amended by section 28 of part AA of chapter 56 of the laws of 2019, is 7 amended to read as follows: 8 1. Each town and city clerk hereby empowered to issue marriage 9 licenses shall keep a book supplied by the state department of health in 10 which such clerk shall record and index such information as is required 11 therein, which book shall be kept and preserved as a part of the public 12 records of his or her office. Whenever an application is made for a 13 search of such records the city or town clerk, excepting the city clerk 14 of the city of New York, may make such search and furnish a certificate 15 of the result to the applicant upon the payment of a fee of five dollars 16 for a search of one year and a further fee of one dollar for the second 17 year for which such search is requested and fifty cents for each addi- 18 tional year thereafter, which fees shall be paid in advance of such 19 search. Whenever an application is made for a search of such records in 20 the city of New York, the city clerk of the city of New York may make 21 such search and furnish a certificate of the result to the applicant 22 upon the payment of a fee of five dollars for a search of one year and a 23 further fee of one dollar for the second year for which search is 24 requested and fifty cents each additional year thereafter. Notwithstand- 25 ing any other provision of this article, no fee shall be charged for any 26 search or certificate when required by the United States department of 27 veterans affairs or by the [division] department of veterans' services 28 of the state of New York to be used in determining the eligibility of 29 any person to participate in the benefits made available by the United 30 States department of veterans affairs or by the state of New York. All 31 such affidavits, statements and consents, immediately upon the taking or 32 receiving of the same by the town or city clerk, shall be recorded and 33 indexed as provided herein and shall be public records and open to 34 public inspection whenever the same may be necessary or required for 35 judicial or other proper purposes. At such times as the commissioner 36 shall direct, the said town or city clerk, excepting the city clerk of 37 the city of New York, shall file in the office of the state department 38 of health the original of each affidavit, statement, consent, order of a 39 justice or judge authorizing immediate solemnization of marriage, 40 license and certificate, filed with or made before such clerk during the 41 preceding month. Such clerk shall not be required to file any of said 42 documents with the state department of health until the license is 43 returned with the certificate showing that the marriage to which they 44 refer has been actually performed. 45 The county clerks of the counties comprising the city of New York 46 shall cause all original applications and original licenses with the 47 marriage solemnization statements thereon heretofore filed with each, 48 and all papers and records and binders relating to such original docu- 49 ments pertaining to marriage licenses issued by said city clerk, in 50 their custody and possession to be removed, transferred, and delivered 51 to the borough offices of the city clerk in each of said counties. 52 § 5. Subdivision 1 of section 3308 of the education law, as amended by 53 section 29 of part AA of chapter 56 of the laws of 2019, is amended to 54 read as follows: 55 1. Each member state shall, through the creation of a state council or 56 use of an existing body or board, provide for the coordination among itsS. 8006--C 99 A. 9006--C 1 agencies of government, local educational agencies and military instal- 2 lations concerning the state's participation in, and compliance with, 3 this compact and interstate commission activities. In New York, the 4 state council shall include the commissioner or his or her designee, the 5 [director] commissioner of the New York state [division] department of 6 veterans' services or his or her designee, the adjutant general of the 7 state of New York or his or her designee, a superintendent of a school 8 district with a high concentration of military children appointed by the 9 commissioner, a district superintendent of schools of a board of cooper- 10 ative educational services serving an area with a high concentration of 11 military children appointed by the commissioner, a representative from a 12 military installation appointed by the governor, a representative of 13 military families appointed by the governor, a public member appointed 14 by the governor and one representative each appointed by the speaker of 15 the assembly, the temporary president of the senate and the governor. 16 § 6. Subdivision 1 of section 6505-c of the education law, as amended 17 by section 30 of part AA of chapter 56 of the laws of 2019, is amended 18 to read as follows: 19 1. The commissioner shall develop, jointly with the [director] commis- 20 sioner of the [division] department of veterans' services, a program to 21 facilitate articulation between participation in the military service of 22 the United States or the military service of the state and admission to 23 practice of a profession. The commissioner and the [director] commis- 24 sioner of veterans' services shall identify, review and evaluate profes- 25 sional training programs offered through either the military service of 26 the United States or the military service of the state which may, where 27 applicable, be accepted by the department as equivalent education and 28 training in lieu of all or part of an approved program. Particular 29 emphasis shall be placed on the identification of military programs 30 which have previously been deemed acceptable by the department as equiv- 31 alent education and training, programs which may provide, where applica- 32 ble, equivalent education and training for those professions which are 33 critical to public health and safety and programs which may provide, 34 where applicable, equivalent education and training for those 35 professions for which shortages exist in the state of New York. 36 § 7. The opening paragraph of section 5-211 of the election law, as 37 separately amended by chapters 587 and 672 of the laws of 2019, is 38 amended to read as follows: 39 Each agency designated as a participating agency under the provisions 40 of this section shall implement and administer a program of distribution 41 of voter registration forms pursuant to the provisions of this section. 42 The following offices which provide public assistance and/or provide 43 state funded programs primarily engaged in providing services to persons 44 with disabilities are hereby designated as voter registration agencies: 45 designated as the state agencies which provide public assistance are the 46 office of children and family services, the office of temporary and 47 disability assistance and the department of health. Also designated as 48 public assistance agencies are all agencies of local government that 49 provide such assistance. Designated as state agencies that provide 50 programs primarily engaged in providing services to people with disabil- 51 ities are the department of labor, office for the aging, [division] 52 department of veterans' services, office of mental health, office of 53 vocational and educational services for individuals with disabilities, 54 commission on quality of care for the mentally disabled, office for 55 people with developmental disabilities, commission for the blind, office 56 of [alcoholism and substance abuse services] addiction services andS. 8006--C 100 A. 9006--C 1 supports, the office of the advocate for the disabled and all offices 2 which administer programs established or funded by such agencies. Addi- 3 tional participating agencies designated as voter registration offices 4 are the department of state and the district offices of the workers' 5 compensation board. Such agencies shall be required to offer voter 6 registration forms to persons upon initial application for services, 7 renewal or recertification for services and upon change of address 8 relating to such services. Such agencies shall also be responsible for 9 providing assistance to applicants in completing voter registration 10 forms, receiving and transmitting the completed application form from 11 all applicants who wish to have such form transmitted to the appropriate 12 board of elections. The state board of elections shall, together with 13 representatives of the United States department of defense, develop and 14 implement procedures for including recruitment offices of the armed 15 forces of the United States as voter registration offices when such 16 offices are so designated by federal law. The state board of elections 17 shall also make request of the United States Citizenship and Immigration 18 Services to include applications for registration by mail with any mate- 19 rials which are given to new citizens. 20 § 8. Subdivision 3 of section 11-0707 of the environmental conserva- 21 tion law, as amended by chapter 322 of the laws of 2021, is amended to 22 read as follows: 23 3. Any person who is a patient at any facility in this state main- 24 tained by the United States Veterans Health Administration or at any 25 hospital or sanitorium for treatment of tuberculosis maintained by the 26 state or any municipal corporation thereof or resident patient at any 27 institution of the department of Mental Hygiene, or resident patient at 28 the rehabilitation hospital of the department of Health, [or at any rest29camp maintained by the state through the Division of Veterans' Services30in the Executive Department] or any incarcerated individual of a conser- 31 vation work camp within the youth rehabilitation facility of the depart- 32 ment of corrections and community supervision, or any incarcerated indi- 33 vidual of a youth opportunity or youth rehabilitation center within the 34 Office of Children and Family Services, any resident of a nursing home 35 or residential health care facility as defined in subdivisions two and 36 three of section twenty-eight hundred one of the public health law, or 37 any staff member or volunteer accompanying or assisting one or more 38 residents of such nursing home or residential health care facility on an 39 outing authorized by the administrator of such nursing home or residen- 40 tial health care facility may take fish as if he or she held a fishing 41 license, except that he or she may not take bait fish by net or trap, if 42 he or she has on his or her person an authorization upon a form 43 furnished by the department containing such identifying information and 44 data as may be required by it, and signed by the superintendent or other 45 head of such facility, institution, hospital, sanitarium, nursing home, 46 residential health care facility or rest camp, as the case may be, or by 47 a staff physician thereat duly authorized so to do by the superintendent 48 or other head thereof. Such authorization with respect to incarcerated 49 individuals of said conservation work camps shall be limited to areas 50 under the care, custody and control of the department. 51 § 9. Subdivisions 8, 9 and 10 of section 31 of the executive law, 52 subdivision 8 as amended by section 2 of part AA of chapter 56 of the 53 laws of 2019, subdivision 9 as amended by section 106 of subpart B of 54 part C of chapter 62 of the laws of 2011 and subdivision 10 as amended 55 by section 8 of part O of chapter 55 of the laws of 2012, are amended to 56 read as follows:S. 8006--C 101 A. 9006--C 1 8. [The division of veterans' services.29.] The division of homeland security and emergency services. 3 [10.] 9. Office of information technology services. 4 § 10. Subdivision 1 of section 191 of the executive law, as amended by 5 section 3 of part AA of chapter 56 of the laws of 2019, is amended to 6 read as follows: 7 1. There is hereby established within the division of military and 8 naval affairs a temporary advisory committee on the restoration and 9 display of New York state's military battle flags (hereinafter referred 10 to as the "committee"). The committee shall have thirteen members as 11 follows: the adjutant general, the director of the New York state mili- 12 tary heritage museum, the commissioners of education and parks, recre- 13 ation and historic preservation and the [director] commissioner of the 14 [division] department of veterans' services, or their designated repre- 15 sentatives, two members appointed each by the governor, speaker of the 16 assembly and majority leader of the senate and one member each appointed 17 by the minority leaders of the senate and assembly and shall serve at 18 the pleasure of the appointing authority. Appointed members shall 19 include individuals with experience in restoration of historical memora- 20 bilia, expertise in military history, or a background in historical 21 restoration or fine arts conservation. No appointed member shall be a 22 member of the executive, legislative or judicial branch of the state 23 government at the time of his/her appointment. The advisory committee 24 shall meet at least four times a year. No members shall receive any 25 compensation, but members who are not state officials may receive actual 26 and necessary expenses incurred in the performance of their duties. 27 § 11. Subdivision 1 of section 643 of the executive law, as amended by 28 section 14 of part AA of chapter 56 of the laws of 2019, is amended to 29 read as follows: 30 1. As used in this section, "crime victim-related agency" means any 31 agency of state government which provides services to or deals directly 32 with crime victims, including (a) the office of children and family 33 services, the office for the aging, the [division] department of veter- 34 ans' services, the office of probation and correctional alternatives, 35 the department of corrections and community supervision, the office of 36 victim services, the department of motor vehicles, the office of voca- 37 tional rehabilitation, the workers' compensation board, the department 38 of health, the division of criminal justice services, the office of 39 mental health, every transportation authority and the division of state 40 police, and (b) any other agency so designated by the governor within 41 ninety days of the effective date of this section. 42 § 12. Section 99-v of the general municipal law, as amended by section 43 25 of part AA of chapter 56 of the laws of 2019, is amended to read as 44 follows: 45 § 99-v. Veterans services; display of events. Each county, city, town 46 or village may adopt a local law to provide a bulletin board to be 47 conspicuously displayed in such county, city, town or village building 48 holding its local legislative body or municipal offices. Such bulletin 49 board shall be used by veterans organizations, the New York state [divi-50sion] department of veterans' services, the county veterans service 51 agency or city veterans service agency to display information regarding 52 veterans in such county, city, town or village. Such information may 53 include, but not be limited to, benefits or upcoming veterans related 54 events in the community. 55 § 13. Subdivision 1 of section 168 of the labor law, as amended by 56 chapter 322 of the laws of 2021, is amended to read as follows:S. 8006--C 102 A. 9006--C 1 1. This section shall apply to all persons employed by the state in 2 the ward, cottage, colony, kitchen and dining room, and guard service 3 personnel in any hospital, school, prison, reformatory or other institu- 4 tion within or subject to the jurisdiction, supervision, control or 5 visitation of the department of corrections and community supervision, 6 the department of health, the department of mental hygiene, the depart- 7 ment of social welfare or the [division] department of veterans' 8 services [in the executive department], and engaged in the performance 9 of such duties as nursing, guarding or attending the incarcerated indi- 10 viduals, patients, wards or other persons kept or housed in such insti- 11 tutions, or in protecting and guarding the buildings and/or grounds 12 thereof, or in preparing or serving food therein. 13 § 14. Paragraph 5 of subdivision (b) of section 5.06 of the mental 14 hygiene law, as amended by section 31 of part AA of chapter 56 of the 15 laws of 2019, is amended to read as follows: 16 (5) one member appointed on the recommendation of the state [director] 17 commissioner of the [division] department of veterans' services and one 18 member appointed on the recommendation of the adjutant general of the 19 division of military and naval affairs, at least one of whom shall be a 20 current or former consumer of mental health services or substance use 21 disorder services who is a veteran who has served in a combat theater or 22 combat zone of operations and is a member of a veterans organization; 23 § 14-a. Paragraph 5 of subdivision (b) of section 5.06 of the mental 24 hygiene law, as amended by chapter 4 of the laws of 2022, is amended to 25 read as follows: 26 (5) one member appointed on the recommendation of the state [director] 27 commissioner of the [division] department of veterans' services and one 28 member appointed on the recommendation of the adjutant general of the 29 division of military and naval affairs, at least one of whom shall be a 30 current or former consumer of mental health services or substance use 31 disorder services who is a veteran who has served in a combat theater or 32 combat zone of operations and is a member of a veterans organization; 33 § 15. Subdivision (l) of section 7.09 of the mental hygiene law, as 34 added by chapter 378 of the laws of 2019, is amended to read as follows: 35 (l) Notwithstanding any general or special law to the contrary, the 36 commissioner, in conjunction with the commissioner of [alcoholism and37substance abuse services] addiction services and supports and the direc- 38 tor of the [division] department of veterans' services shall develop a 39 public education initiative designed to eliminate stigma and misinforma- 40 tion about mental illness and substance use among service members, 41 veterans, and their families, improve their understanding of mental and 42 substance use disorders and the existence of effective treatment, and 43 provide information regarding available resources and how to access 44 them. These public education initiatives may include the use of the 45 internet, including the use of social networking sites. 46 § 16. Paragraph (g) of section 202 of the not-for-profit corporation 47 law, as amended by section 33 of part AA of chapter 56 of the laws of 48 2019, is amended to read as follows: 49 (g) Every corporation receiving any kind of state funding shall ensure 50 the provision on any form required to be completed at application or 51 recertification for the purpose of obtaining financial assistance pursu- 52 ant to this chapter, that the application form shall contain a check-off 53 question asking whether the applicant or recipient or a member of his or 54 her family served in the United States military, and an option to answer 55 in the affirmative. Where the applicant or recipient answers in the 56 affirmative to such question, the not-for-profit corporation shallS. 8006--C 103 A. 9006--C 1 ensure that contact information for the state [division] department of 2 veterans' services is provided to such applicant or recipient in addi- 3 tion to any other materials provided. 4 § 17. Paragraph (b) of section 1401 of the not-for-profit corporation 5 law, as amended by section 34 of part AA of chapter 56 of the laws of 6 2019, is amended to read as follows: 7 (b) Removal of remains from private cemeteries to other cemeteries. 8 The supervisor of any town containing a private cemetery may remove any 9 body interred in such cemetery to any other cemetery within the town, if 10 the owners of such cemeteries and the next of kin of the deceased 11 consent to such removal. The owners of a private cemetery may remove the 12 bodies interred therein to any other cemetery within such town, or to 13 any cemetery designated by the next of kin of the deceased. Notice of 14 such removal shall be given within twenty days before such removal 15 personally or by certified mail to the next of kin of the deceased if 16 known and to the clerk and historian of the county in which such real 17 property is situated and notice shall be given to the New York state 18 department of state, division of cemeteries. If any of the deceased are 19 known to be veterans, the owners shall also notify the [division] 20 department of veterans' services. In the absence of the next of kin, the 21 county clerk, county historian or the [division] department of veterans' 22 services may act as a guardian to ensure proper reburial. 23 § 18. Subdivision 2 of section 3802 of the public health law, as 24 amended by section 23 of part AA of chapter 56 of the laws of 2019, is 25 amended to read as follows: 26 2. In the exercise of the foregoing powers and duties the commissioner 27 shall consult with the [director] commissioner of the [division] depart- 28 ment of veterans' services and the heads of state agencies charged with 29 responsibility for manpower and health resources. 30 § 19. Subdivision 3 of section 3803 of the public health law, as 31 amended by section 24 of part AA of chapter 56 of the laws of 2019, is 32 amended to read as follows: 33 3. In exercising any of his or her powers under this section, the 34 commissioner shall consult with appropriate health care professionals, 35 providers, veterans or organizations representing them, the [division] 36 department of veterans' services, the United States department of veter- 37 ans affairs and the United States defense department. 38 § 20. Paragraph (j) of subdivision 3 of section 20 of the social 39 services law, as amended by section 32 of part AA of chapter 56 of the 40 laws of 2019, is amended to read as follows: 41 (j) to ensure the provision, on any form required to be completed at 42 application or recertification for the purpose of obtaining financial 43 assistance pursuant to this chapter, the form shall contain a check-off 44 question asking whether the applicant or recipient or a member of his or 45 her family served in the United States military, and an option to answer 46 in the affirmative. Where the applicant or recipient answers in the 47 affirmative to such question, the office of temporary and disability 48 assistance shall ensure that contact information for the state [divi-49sion] department of veterans' services is provided to such applicant or 50 recipient addition to any other materials provided. 51 § 21. Subdivisions 3 and 4 of section 95-f of the state finance law, 52 as amended by section 15 of part AA of chapter 56 of the laws of 2019, 53 are amended to read as follows: 54 3. Monies of the fund shall be expended for the provision of veterans' 55 counseling services provided by local veterans' service agencies pursu- 56 ant to section [three hundred fifty-seven] fourteen of the [executive]S. 8006--C 104 A. 9006--C 1 veterans' services law under the direction of the [division] department 2 of veterans' services. 3 4. To the extent practicable, the [director] commissioner of the 4 [division] department of veterans' services shall ensure that all monies 5 received during a fiscal year are expended prior to the end of that 6 fiscal year. 7 § 22. The opening paragraph of subdivision 2-a and subdivision 5 of 8 section 97-mmmm of the state finance law, as amended by section 16 of 9 part AA of chapter 56 of the laws of 2019, are amended to read as 10 follows: 11 On or before the first day of February each year, the [director] 12 commissioner of the New York state [division] department of veterans' 13 services shall provide a written report to the temporary president of 14 the senate, speaker of the assembly, chair of the senate finance commit- 15 tee, chair of the assembly ways and means committee, chair of the senate 16 committee on veterans, homeland security and military affairs, chair of 17 the assembly veterans' affairs committee, the state comptroller and the 18 public. Such report shall include how the monies of the fund were 19 utilized during the preceding calendar year, and shall include: 20 5. Moneys shall be payable from the fund on the audit and warrant of 21 the comptroller on vouchers approved and certified by the [director] 22 commissioner of the [division] department of veterans' services. 23 § 23. The opening paragraph of subdivision 2-a and subdivision 4 of 24 section 99-v of the state finance law, as amended by section 17 of part 25 AA of chapter 56 of the laws of 2019, are amended to read as follows: 26 On or before the first day of February each year, the [director] 27 commissioner of the New York state [division] department of veterans' 28 services shall provide a written report to the temporary president of 29 the senate, speaker of the assembly, chair of the senate finance commit- 30 tee, chair of the assembly ways and means committee, chair of the senate 31 committee on veterans, homeland security and military affairs, chair of 32 the assembly veterans' affairs committee, the state comptroller and the 33 public. Such report shall include how the monies of the fund were 34 utilized during the preceding calendar year, and shall include: 35 4. Moneys of the fund shall be expended only for the assistance and 36 care of homeless veterans, for housing and housing-related expenses, as 37 determined by the [division] department of veterans' services. 38 § 24. Subdivision 1 of section 20 of chapter 784 of the laws of 1951, 39 constituting the New York state defense emergency act, as amended by 40 section 38 of part AA of chapter 56 of the laws of 2019, is amended to 41 read as follows: 42 1. There is hereby continued in the division of military and naval 43 affairs in the executive department a state civil defense commission to 44 consist of the same members as the members of the disaster preparedness 45 commission as established in article two-B of the executive law. In 46 addition, the superintendent of financial services, the chairperson of 47 the workers' compensation board and the [director] commissioner of the 48 [division] department of veterans' services shall be members. The gover- 49 nor shall designate one of the members of the commission to be the 50 chairperson thereof. The commission may provide for its division into 51 subcommittees and for action by such subcommittees with the same force 52 and effect as action by the full commission. The members of the commis- 53 sion, except for those who serve ex officio, shall be allowed their 54 actual and necessary expenses incurred in the performance of their 55 duties under this article but shall receive no additional compensation 56 for services rendered pursuant to this article.S. 8006--C 105 A. 9006--C 1 § 25. Paragraph 2 of subdivision b of section 31-102 of the adminis- 2 trative code of the city of New York, as amended by section 39 of part 3 AA of chapter 56 of the laws of 2019, is amended to read as follows: 4 2. links to websites describing veteran employment services provided 5 by the federal government and New York state government, including, but 6 not limited to, the websites of the United States department of labor, 7 the New York state department of labor, the United States department of 8 veterans affairs, and the New York state [division] department of veter- 9 ans' services; and 10 § 26. Subdivision a of section 3102 of the New York city charter, as 11 amended by section 40 of part AA of chapter 56 of the laws of 2019, is 12 amended to read as follows: 13 a. Except as otherwise provided by law, the commissioner shall have 14 such powers as provided by the [director] commissioner of the state 15 department veterans' [service agency] services' and shall have the duty 16 to inform military and naval authorities of the United States and assist 17 members of the armed forces and veterans, who are residents of the city, 18 and their families, in relation to: (1) matters pertaining to educa- 19 tional training and retraining services and facilities, (2) health, 20 medical and rehabilitation service and facilities, (3) provisions of 21 federal, state and local laws and regulations affording special rights 22 and privileges to members of the armed forces and veterans and their 23 families, (4) employment and re-employment services, and (5) other 24 matters of similar, related or appropriate nature. The commissioner 25 shall also assist families of members of the reserve components of the 26 armed forces and the organized militia ordered into active duty to 27 ensure that they are made aware of and are receiving all appropriate 28 support available to them. The department also shall perform such other 29 duties as may be assigned by the state [director] commissioner of the 30 [division] department of veterans' services. 31 § 27. Subdivision 1 of section 143 of the state finance law, as 32 amended by chapter 96 of the laws of 2019, is amended to read as 33 follows: 34 1. Notwithstanding any inconsistent provision of any general or 35 special law, the board, division, department, bureau, agency, officer or 36 commission of the state charged with the duty of preparing plans and 37 specifications for and awarding or entering into contracts for the 38 performance of public work may require the payment of a fixed sum of 39 money, not exceeding one hundred dollars, for each copy of such plans 40 and specifications, by persons or corporations desiring a copy thereof. 41 Any person or corporation desiring a copy of such plans and specifica- 42 tions and making the deposit required by this section shall be furnished 43 with one copy of the plans and specifications. Notwithstanding the fore- 44 going, where payment is required it shall be waived upon request by 45 minority- and women-owned business enterprises certified pursuant to 46 article fifteen-A of the executive law or by service-disabled veteran- 47 owned business enterprises certified pursuant to article [seventeen-B] 48 three of the [executive] veterans' services law. Such payment may also 49 be waived when such plans and specifications are made available and 50 obtained electronically or in any non-paper form from the board, divi- 51 sion, department, bureau, agency, officer or commission of the state. 52 § 28. Paragraph j of subdivision 1 and subdivisions 6 and 6-d of 53 section 163 of the state finance law, paragraph j of subdivision 1 as 54 amended by chapter 569 of the laws of 2015, subdivision 6 as amended by 55 chapter 257 of the laws of 2021 and subdivision 6-d as added by chapter 56 96 of the laws of 2019, are amended to read as follows:S. 8006--C 106 A. 9006--C 1 j. "Best value" means the basis for awarding contracts for services to 2 the offerer which optimizes quality, cost and efficiency, among respon- 3 sive and responsible offerers. Such basis shall reflect, wherever possi- 4 ble, objective and quantifiable analysis. Such basis may also identify a 5 quantitative factor for offerers that are small businesses, certified 6 minority- or women-owned business enterprises as defined in subdivisions 7 one, seven, fifteen and twenty of section three hundred ten of the exec- 8 utive law or service-disabled veteran-owned business enterprises as 9 defined in subdivision one of section [three hundred sixty-nine-h] forty 10 of the [executive] veterans' services law to be used in evaluation of 11 offers for awarding of contracts for services. 12 6. Discretionary buying thresholds. Pursuant to guidelines established 13 by the state procurement council: the commissioner may purchase services 14 and commodities for the office of general services or its customer agen- 15 cies serviced by the office of general services business services center 16 in an amount not exceeding eighty-five thousand dollars without a formal 17 competitive process; state agencies may purchase services and commod- 18 ities in an amount not exceeding fifty thousand dollars without a formal 19 competitive process; and state agencies may purchase commodities or 20 services from small business concerns or those certified pursuant to 21 [articles] article fifteen-A [and seventeen-B] of the executive law and 22 article three of the veterans' services law, or commodities or technolo- 23 gy that are recycled or remanufactured in an amount not exceeding five 24 hundred thousand dollars without a formal competitive process and for 25 commodities that are food, including milk and milk products, grown, 26 produced or harvested in New York state in an amount not to exceed two 27 hundred thousand dollars, without a formal competitive process. 28 6-d. Pursuant to the authority provided in subdivision six of this 29 section, state agencies shall report annually on a fiscal year basis by 30 July first of the ensuing year to the director of the division of minor- 31 ity and women-owned business development the total number and total 32 value of contracts awarded to businesses certified pursuant to article 33 fifteen-A of the executive law, and with respect to contracts awarded to 34 businesses certified pursuant to article [seventeen-B] three of the 35 [executive] veterans' services law such information shall be reported to 36 the division of service-disabled veteran-owned business enterprises for 37 inclusion in their respective annual reports. 38 § 29. Paragraph (f) of subdivision 5 of section 87 of the cannabis law 39 is amended to read as follows: 40 (f) "Service-disabled veterans" shall mean persons qualified under 41 article [seventeen-B] three of the [executive] veterans' services law. 42 § 30. Subdivision 6 of section 224-d of the labor law, as added by 43 section 2 of part AA of chapter 56 of the laws of 2021, is amended to 44 read as follows: 45 6. Each owner and developer subject to the requirements of this 46 section shall comply with the objectives and goals of certified minority 47 and women-owned business enterprises pursuant to article fifteen-A of 48 the executive law and certified service-disabled veteran-owned busi- 49 nesses pursuant to article [seventeen-B] three of the [executive] veter- 50 ans' services law. The department in consultation with the [directors] 51 commissioner of the division of minority and women's business develop- 52 ment and the director of the division of service-disabled veterans' 53 business development shall make training and resources available to 54 assist minority and women-owned business enterprises and service-disa- 55 bled veteran-owned business enterprises on covered renewable energy 56 systems to achieve and maintain compliance with prevailing wage require-S. 8006--C 107 A. 9006--C 1 ments. The department shall make such training and resources available 2 online and shall afford minority and women-owned business enterprises 3 and service-disabled veteran-owned business enterprises an opportunity 4 to submit comments on such training. 5 § 31. Subdivision 3 of section 103-a of the state technology law, as 6 added by chapter 427 of the laws of 2017, is amended to read as follows: 7 3. The director shall conduct an outreach campaign informing the 8 public of the iCenter and shall conduct specific outreach to minority 9 and women-owned business enterprises certified pursuant to article 10 fifteen-A of the executive law, small businesses as such term is defined 11 in section one hundred thirty-one of the economic development law, and 12 service disabled veteran owned business enterprises certified pursuant 13 to article [seventeen-B] three of the [executive] veterans' services law 14 to inform such businesses of iCenter initiatives. 15 § 32. Section 831 of the county law, as amended by chapter 490 of the 16 laws of 2019, is amended to read as follows: 17 § 831. Soldier burial plots in Dutchess county. The legislature of the 18 county of Dutchess may authorize the purchase of burial plots and 19 provide for marker settings and perpetual care and maintenance of such 20 plots in one or more of the cemeteries of the county of Dutchess for 21 deceased veterans, who, at the time of death, were residents of the 22 county of Dutchess and who (i) were discharged from the armed forces of 23 the United States either honorably or under honorable circumstances, or 24 (ii) had a qualifying condition, as defined in section [three hundred25fifty] one of the [executive] veterans' services law, and received a 26 discharge other than bad conduct or dishonorable, or (iii) were a 27 discharged LGBT veteran, as defined in section [three hundred fifty] one 28 of the [executive] veterans' services law, and received a discharge 29 other than bad conduct or dishonorable. The expense thereof shall be a 30 county charge. 31 § 33. Subdivision 6 of section 210 of the economic development law, as 32 amended by chapter 490 of the laws of 2019, is amended to read as 33 follows: 34 6. "Veteran" shall mean a person who served in the United States army, 35 navy, air force, marines, coast guard, and/or reserves thereof, and/or 36 in the army national guard, air national guard, New York guard and/or 37 New York naval militia and who (a) has received an honorable or general 38 discharge from such service, or (b) has a qualifying condition, as 39 defined in section [three hundred fifty] one of the [executive] veter- 40 ans' services law, and has received a discharge other than bad conduct 41 or dishonorable from such service, or (c) is a discharged LGBT veteran, 42 as defined in section [three hundred fifty] one of the [executive] 43 veterans' services law, and has received a discharge other than bad 44 conduct or dishonorable from such service. 45 § 34. Paragraph 1 of subdivision (a) of section 42 of the correction 46 law, as amended by chapter 322 of the laws of 2021, is amended to read 47 as follows: 48 1. There shall be within the commission a citizen's policy and 49 complaint review council. It shall consist of nine persons to be 50 appointed by the governor, by and with the advice and consent of the 51 senate. One person so appointed shall have served in the armed forces of 52 the United States in any foreign war, conflict or military occupation, 53 who (i) was discharged therefrom under other than dishonorable condi- 54 tions, or (ii) has a qualifying condition, as defined in section [three55hundred fifty] one of the [executive] veterans' services law, and has 56 received a discharge other than bad conduct or dishonorable from suchS. 8006--C 108 A. 9006--C 1 service, or (iii) is a discharged LGBT veteran, as defined in section 2 [three hundred fifty] one of the [executive] veterans' services law, and 3 has received a discharge other than bad conduct or dishonorable from 4 such service, or shall be a duly licensed mental health professional who 5 has professional experience or training with regard to post-traumatic 6 stress syndrome. One person so appointed shall be an attorney admitted 7 to practice in this state. One person so appointed shall be a former 8 incarcerated individual of a correctional facility. One person so 9 appointed shall be a former correction officer. One person so appointed 10 shall be a former resident of a division for youth secure center or a 11 health care professional duly licensed to practice in this state. One 12 person so appointed shall be a former employee of the office of children 13 and family services who has directly supervised youth in a secure resi- 14 dential center operated by such office. In addition, the governor shall 15 designate one of the full-time members other than the [chairman] chair 16 of the commission as [chairman] chair of the council to serve as such at 17 the pleasure of the governor. 18 § 35. Paragraph (b) of subdivision 5 of section 50 of the civil 19 service law, as amended by chapter 490 of the laws of 2019, is amended 20 to read as follows: 21 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 22 sion, the state civil service department, subject to the approval of the 23 director of the budget, a municipal commission, subject to the approval 24 of the governing board or body of the city or county, as the case may 25 be, or a regional commission or personnel officer, pursuant to govern- 26 mental agreement, may elect to waive application fees, or to abolish 27 fees for specific classes of positions or types of examinations or 28 candidates, or to establish a uniform schedule of reasonable fees 29 different from those prescribed in paragraph (a) of this subdivision, 30 specifying in such schedule the classes of positions or types of exam- 31 inations or candidates to which such fees shall apply; provided, howev- 32 er, that fees shall be waived for candidates who certify to the state 33 civil service department, a municipal commission or a regional commis- 34 sion that they are unemployed and primarily responsible for the support 35 of a household, or are receiving public assistance. Provided further, 36 the state civil service department shall waive the state application fee 37 for examinations for original appointment for all veterans. Notwith- 38 standing any other provision of law, for purposes of this section, the 39 term "veteran" shall mean a person who has served in the armed forces of 40 the United States or the reserves thereof, or in the army national 41 guard, air national guard, New York guard, or the New York naval mili- 42 tia, and who (1) has been honorably discharged or released from such 43 service under honorable conditions, or (2) has a qualifying condition, 44 as defined in section [three hundred fifty] one of the [executive] 45 veterans' services law, and has received a discharge other than bad 46 conduct or dishonorable from such service, or (3) is a discharged LGBT 47 veteran, as defined in section [three hundred fifty] one of the [execu-48tive] veterans' services law, and has received a discharge other than 49 bad conduct or dishonorable from such service. The term "armed forces" 50 shall mean the army, navy, air force, marine corps, and coast guard. 51 § 36. Paragraph (b) of subdivision 1 of section 75 of the civil 52 service law, as amended by chapter 490 of the laws of 2019, is amended 53 to read as follows: 54 (b) a person holding a position by permanent appointment or employment 55 in the classified service of the state or in the several cities, coun- 56 ties, towns, or villages thereof, or in any other political or civilS. 8006--C 109 A. 9006--C 1 division of the state or of a municipality, or in the public school 2 service, or in any public or special district, or in the service of any 3 authority, commission or board, or in any other branch of public 4 service, who was honorably discharged or released under honorable 5 circumstances from the armed forces of the United States including (i) 6 having a qualifying condition as defined in section [three hundred7fifty] one of the [executive] veterans' services law, and receiving a 8 discharge other than bad conduct or dishonorable from such service, or 9 (ii) being a discharged LGBT veteran, as defined in section [three10hundred fifty] one of the [executive] veterans' services law, and 11 receiving a discharge other than bad conduct or dishonorable from such 12 service, having served therein as such member in time of war as defined 13 in section eighty-five of this chapter, or who is an exempt volunteer 14 firefighter as defined in the general municipal law, except when a 15 person described in this paragraph holds the position of private secre- 16 tary, cashier or deputy of any official or department, or 17 § 37. Paragraph (a) of subdivision 1 of section 85 of the civil 18 service law, as amended by chapter 608 of the laws of 2021, is amended 19 to read as follows: 20 (a) The terms "veteran" and "non-disabled veteran" mean a member of 21 the armed forces of the United States who was honorably discharged or 22 released under honorable circumstances from such service including (i) 23 having a qualifying condition as defined in section [three hundred24fifty] one of the [executive] veterans' services law, and receiving a 25 discharge other than bad conduct or dishonorable from such service, or 26 (ii) being a discharged LGBT veteran, as defined in section [three27hundred fifty] one of the [executive] veterans' services law, and 28 receiving a discharge other than bad conduct or dishonorable from such 29 service, who is a citizen of the United States or an alien lawfully 30 admitted for permanent residence in the United States and who is a resi- 31 dent of the state of New York at the time of application for appointment 32 or promotion or at the time of retention, as the case may be. 33 § 38. Section 86 of the civil service law, as amended by chapter 490 34 of the laws of 2019, is amended to read as follows: 35 § 86. Transfer of veterans or exempt volunteer firefighters upon abol- 36 ition of positions. If the position in the non-competitive or in the 37 labor class held by any honorably discharged veteran of the armed forces 38 of the United States or by any veteran of the armed forces of the United 39 States released under honorable circumstances from such service includ- 40 ing (i) having a qualifying condition as defined in section [three41hundred fifty] one of the [executive] veterans' services law, and 42 receiving a discharge other than bad conduct or dishonorable from such 43 service, or (ii) being a discharged LGBT veteran, as defined in section 44 [three hundred fifty] one of the [executive] veterans' services law, and 45 receiving a discharge other than bad conduct or dishonorable from such 46 service, who served therein in time of war as defined in section eight- 47 y-five of this chapter, or by an exempt volunteer firefighter as defined 48 in the general municipal law, shall become unnecessary or be abolished 49 for reasons of economy or otherwise, the honorably discharged veteran or 50 exempt volunteer firefighter holding such position shall not be 51 discharged from the public service but shall be transferred to a similar 52 position wherein a vacancy exists, and shall receive the same compen- 53 sation therein. It is hereby made the duty of all persons clothed with 54 the power of appointment to make such transfer effective. The right to 55 transfer herein conferred shall continue for a period of one year 56 following the date of abolition of the position, and may be exercisedS. 8006--C 110 A. 9006--C 1 only where a vacancy exists in an appropriate position to which transfer 2 may be made at the time of demand for transfer. Where the positions of 3 more than one such veteran or exempt volunteer firefighter are abolished 4 and a lesser number of vacancies in similar positions exist to which 5 transfer may be made, the veterans or exempt volunteer firefighters 6 whose positions are abolished shall be entitled to transfer to such 7 vacancies in the order of their original appointment in the service. 8 Nothing in this section shall be construed to apply to the position of 9 private secretary, cashier or deputy of any official or department. This 10 section shall have no application to persons encompassed by section 11 eighty-a of this chapter. 12 § 39. Section 13-b of the domestic relations law, as amended by chap- 13 ter 306 of the laws of 2021, is amended to read as follows: 14 § 13-b. Time within which marriage may be solemnized. A marriage shall 15 not be solemnized within twenty-four hours after the issuance of the 16 marriage license, unless authorized by an order of a court of record as 17 hereinafter provided, nor shall it be solemnized after sixty days from 18 the date of the issuance of the marriage license unless authorized 19 pursuant to section [three hundred fifty-four-d] ten of the [executive] 20 veterans' services law. Every license to marry hereafter issued by a 21 town or city clerk, in addition to other requirements specified by this 22 chapter, must contain a statement of the day and the hour the license is 23 issued and the period during which the marriage may be solemnized. It 24 shall be the duty of the clergyman or magistrate performing the marriage 25 ceremony, or if the marriage is solemnized by written contract, of the 26 judge before whom the contract is acknowledged, to annex to or endorse 27 upon the marriage license the date and hour the marriage is solemnized. 28 A judge or justice of the supreme court of this state or the county 29 judge of the county in which either party to be married resides, or the 30 judge of the family court of such county, if it shall appear from an 31 examination of the license and any other proofs submitted by the parties 32 that one of the parties is in danger of imminent death, or by reason of 33 other emergency public interest will be promoted thereby, or that such 34 delay will work irreparable injury or great hardship upon the contract- 35 ing parties, or one of them, may, make an order authorizing the immedi- 36 ate solemnization of the marriage and upon filing such order with the 37 clergyman or magistrate performing the marriage ceremony, or if the 38 marriage is to be solemnized by written contract, with the judge before 39 whom the contract is acknowledged, such clergyman or magistrate may 40 solemnize such marriage, or such judge may take such acknowledgment as 41 the case may be, without waiting for such three day period and twenty- 42 four hour period to elapse. The clergyman, magistrate or judge must file 43 such order with the town or city clerk who issued the license within 44 five days after the marriage is solemnized. Such town or city clerk must 45 record and index the order in the book required to be kept by him or her 46 for recording affidavits, statements, consents and licenses, and when so 47 recorded the order shall become a public record and available in any 48 prosecution under this section. A person who shall solemnize a marriage 49 in violation of this section shall be guilty of a misdemeanor and upon 50 conviction thereof shall be punished by a fine of fifty dollars for each 51 offense, and in addition thereto, his or her right to solemnize a 52 marriage shall be suspended for ninety days. 53 § 40. Paragraph c of subdivision 1 of section 360 of the education 54 law, as amended by chapter 490 of the laws of 2019, is amended to read 55 as follows:S. 8006--C 111 A. 9006--C 1 c. Adopt and enforce campus rules and regulations not inconsistent 2 with the vehicle and traffic law relating to parking, vehicular and 3 pedestrian traffic, and safety. Such rules and regulations may include 4 provisions for the disposition of abandoned vehicles, removal by towing 5 or otherwise of vehicles parked in violation of such rules at the 6 expense of the owner, the payment of fees for the registration or park- 7 ing of such vehicles, provided that such campus rules and regulations 8 may provide that any veteran attending the state university as a student 9 shall be exempt from any fees for parking or registering a motor vehi- 10 cle, and the assessment of administrative fines upon the owner or opera- 11 tor of such vehicles for each violation of the regulations. However, no 12 such fine may be imposed without a hearing or an opportunity to be heard 13 conducted by an officer or board designated by the board of trustees. 14 Such fines, in the case of an officer or employee of state university, 15 may be deducted from the salary or wages of such officer or employee 16 found in violation of such regulations, or in the case of a student of 17 state university found in violation of such regulations, the university 18 may withhold his or her grades and transcripts until such time as any 19 fine is paid. For purposes of this subdivision, the term "veteran" shall 20 mean a member of the armed forces of the United States who served in 21 such armed forces in time of war and who (i) was honorably discharged or 22 released under honorable circumstances from such service, or (ii) has a 23 qualifying condition, as defined in section [three hundred fifty] one of 24 the [executive] veterans' services law, and has received a discharge 25 other than bad conduct or dishonorable from such service, or (iii) is a 26 discharged LGBT veteran, as defined in section [three hundred fifty] one 27 of the [executive] veterans' services law, and has received a discharge 28 other than bad conduct or dishonorable from such service. 29 § 41. The opening paragraph of subdivision 6, subdivision 7, paragraph 30 c of subdivision 9, and paragraphs a of subdivisions 10 and 10-a of 31 section 503 of the education law, as amended by chapter 490 of the laws 32 of 2019, are amended to read as follows: 33 Credit for service in war after world war I, which shall mean military 34 service during the period commencing the first day of July, nineteen 35 hundred forty, and terminating the thirtieth day of June, nineteen 36 hundred forty-seven, or during the period commencing the twenty-seventh 37 day of June, nineteen hundred fifty, and terminating the thirty-first 38 day of January, nineteen hundred fifty-five, or during both such peri- 39 ods, as a member of the armed forces of the United States, of any person 40 who (i) has been honorably discharged or released under honorable 41 circumstances from such service, or (ii) has a qualifying condition, as 42 defined in section [three hundred fifty] one of the [executive] veter- 43 ans' services law, and has received a discharge other than bad conduct 44 or dishonorable from such service, or (iii) is a discharged LGBT veter- 45 an, as defined in section [three hundred fifty] one of the [executive] 46 veterans' services law, and has received a discharge other than bad 47 conduct or dishonorable from such service, or service by one who was 48 employed by the War Shipping Administration or Office of Defense Trans- 49 portation or their agents as a merchant seaman documented by the United 50 States Coast Guard or Department of Commerce, or as a civil servant 51 employed by the United States Army Transport Service (later redesignated 52 as the United States Army Transportation Corps, Water Division) or the 53 Naval Transportation Service; and who served satisfactorily as a crew 54 member during the period of armed conflict, December seventh, nineteen 55 hundred forty-one, to August fifteenth, nineteen hundred forty-five, 56 aboard merchant vessels in oceangoing, i.e., foreign, intercoastal, orS. 8006--C 112 A. 9006--C 1 coastwise service as such terms are defined under federal law (46 USCA 2 10301 & 10501) and further to include "near foreign" voyages between the 3 United States and Canada, Mexico, or the West Indies via ocean routes, 4 or public vessels in oceangoing service or foreign waters and who has 5 received a Certificate of Release or Discharge from Active Duty and a 6 discharge certificate, or an Honorable Service Certificate/Report of 7 Casualty, from the Department of Defense or who served as a United 8 States civilian employed by the American Field Service and served over- 9 seas under United States Armies and United States Army Groups in world 10 war II during the period of armed conflict, December seventh, nineteen 11 hundred forty-one through May eighth, nineteen hundred forty-five, and 12 (iv) who was discharged or released therefrom under honorable condi- 13 tions, or (v) has a qualifying condition, as defined in section [three14hundred fifty] one of the [executive] veterans' services law, and has 15 received a discharge other than bad conduct or dishonorable from such 16 service, or (vi) is a discharged LGBT veteran, as defined in section 17 [three hundred fifty] one of the [executive] veterans' services law, and 18 has received a discharge other than bad conduct or dishonorable from 19 such service, or who served as a United States civilian Flight Crew and 20 Aviation Ground Support Employee of Pan American World Airways or one of 21 its subsidiaries or its affiliates and served overseas as a result of 22 Pan American's contract with Air Transport Command or Naval Air Trans- 23 port Service during the period of armed conflict, December fourteenth, 24 nineteen hundred forty-one through August fourteenth, nineteen hundred 25 forty-five, and who (vii) was discharged or released therefrom under 26 honorable conditions, or (viii) has a qualifying condition, as defined 27 in section [three hundred fifty] one of the [executive] veterans' 28 services law, and has received a discharge other than bad conduct or 29 dishonorable from such service, or (ix) is a discharged LGBT veteran, as 30 defined in section [three hundred fifty] one of the [executive] veter- 31 ans' services law, and has received a discharge other than bad conduct 32 or dishonorable from such service, and who was a teacher in the public 33 schools of this state at the time of his or her entrance into the armed 34 forces of the United States, provided no compensation was received under 35 the provisions of section two hundred forty-two of the military law, and 36 who returned to public school teaching following discharge or completion 37 of advanced education provided under servicemen's readjustment act of 38 nineteen hundred forty-four, or who following such discharge or release 39 entered into a service which would qualify him or her pursuant to 40 section forty-three of the retirement and social security law to trans- 41 fer his or her membership in the New York state teachers' retirement 42 system, shall be provided as follows, any provisions of section two 43 hundred forty-three of the military law to the contrary notwithstanding. 44 7. A teacher, who was a member of the New York state teachers retire- 45 ment system but who withdrew his or her accumulated contributions imme- 46 diately prior to his or her entry into, or during his or her service in 47 the armed forces of the United States in war after World War I, who (i) 48 has been honorably discharged or released from service, or (ii) has a 49 qualifying condition, as defined in section [three hundred fifty] one of 50 the [executive] veterans' services law, and has received a discharge 51 other than bad conduct or dishonorable from such service, or (iii) is a 52 discharged LGBT veteran, as defined in section [three hundred fifty] one 53 of the [executive] veterans' services law, and has received a discharge 54 other than bad conduct or dishonorable from such service, provided no 55 compensation was received under the provisions of section two hundred 56 forty-two of the military law, and who returned to public school teach-S. 8006--C 113 A. 9006--C 1 ing in the state of New York following such discharge or release, or 2 following completion of advanced education provided under servicemen's 3 readjustment act of nineteen hundred forty-four, any provisions of 4 section two hundred forty-three of the military law to the contrary 5 notwithstanding, will be entitled to credit for service in war after 6 World War I, cost free, provided, however, that such credit will not be 7 allowed until he or she claims and pays for all prior teaching service 8 credited to him or her at the time of his or her termination of member- 9 ship in the New York state teachers retirement system, and provided 10 further that claim for such service in war after World War I shall be 11 filed by the member with the retirement board before the first day of 12 July, nineteen hundred sixty-eight. 13 c. (i) has been honorably discharged or released under honorable 14 circumstances from such service, or (ii) has a qualifying condition, as 15 defined in section [three hundred fifty] one of the [executive] veter- 16 ans' services law, and has received a discharge other than bad conduct 17 or dishonorable from such service, or (iii) is a discharged LGBT veter- 18 an, as defined in section [three hundred fifty] one of the [executive] 19 veterans' services law, and has received a discharge other than bad 20 conduct or dishonorable from such service, and 21 a. In addition to credit for military service pursuant to section two 22 hundred forty-three of the military law and subdivisions six through 23 nine of this section, a member employed as a full-time teacher by an 24 employer as defined in subdivision three of section five hundred one of 25 this article and who joined the retirement system prior to July first, 26 nineteen hundred seventy-three, may obtain credit for military service 27 not in excess of three years and not otherwise creditable under section 28 two hundred forty-three of the military law and subdivisions six through 29 nine of this section, rendered on active duty in the armed forces of the 30 United States during the period commencing July first, nineteen hundred 31 forty, and terminating December thirty-first, nineteen hundred forty- 32 six, or on service by one who was employed by the War Shipping Adminis- 33 tration or Office of Defense Transportation or their agents as a 34 merchant seaman documented by the United States Coast Guard or Depart- 35 ment of Commerce, or as a civil servant employed by the United States 36 Army Transport Service (later redesignated as the United States Army 37 Transportation Corps, Water Division) or the Naval Transportation 38 Service; and who served satisfactorily as a crew member during the peri- 39 od of armed conflict, December seventh, nineteen hundred forty-one, to 40 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 41 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 42 terms are defined under federal law (46 USCA 10301 & 10501) and further 43 to include "near foreign" voyages between the United States and Canada, 44 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 45 going service or foreign waters and who has received a Certificate of 46 Release or Discharge from Active Duty and a discharge certificate, or an 47 Honorable Service Certificate/Report of Casualty, from the Department of 48 Defense or on service by one who served as a United States civilian 49 employed by the American Field Service and served overseas under United 50 States Armies and United States Army Groups in world war II during the 51 period of armed conflict, December seventh, nineteen hundred forty-one 52 through May eighth, nineteen hundred forty-five, and who (i) was 53 discharged or released therefrom under honorable conditions, or (ii) has 54 a qualifying condition, as defined in section [three hundred fifty] one 55 of the [executive] veterans' services law, and has received a discharge 56 other than bad conduct or dishonorable from such service, or (iii) is aS. 8006--C 114 A. 9006--C 1 discharged LGBT veteran, as defined in section [three hundred fifty] one 2 of the [executive] veterans' services law, and has received a discharge 3 other than bad conduct or dishonorable from such service, or on service 4 by one who served as a United States civilian Flight Crew and Aviation 5 Ground Support Employee of Pan American World Airways or one of its 6 subsidiaries or its affiliates and served overseas as a result of Pan 7 American's contract with Air Transport Command or Naval Air Transport 8 Service during the period of armed conflict, December fourteenth, nine- 9 teen hundred forty-one through August fourteenth, nineteen hundred 10 forty-five, and who (iv) was discharged or released therefrom under 11 honorable conditions, or (v) has a qualifying condition, as defined in 12 section [three hundred fifty] one of the [executive] veterans' services 13 law, and has received a discharge other than bad conduct or dishonorable 14 from such service, or (vi) is a discharged LGBT veteran, as defined in 15 section [three hundred fifty] one of the [executive] veterans' services 16 law, and has received a discharge other than bad conduct or dishonorable 17 from such service, by a person who was a resident of New York state at 18 the time of entry into such service and at the time of being discharged 19 therefrom under honorable circumstances, and who makes the payments 20 required in accordance with the provisions of this subdivision. 21 a. In addition to credit for military service pursuant to section two 22 hundred forty-three of the military law and subdivisions six through 23 nine of this section, a member who joined the retirement system prior to 24 July first, nineteen hundred seventy-three, and who was not eligible for 25 credit for military service under subdivision ten of this section as a 26 result of being on a leave of absence without pay between July twenti- 27 eth, nineteen hundred seventy-six and October fifteenth, nineteen 28 hundred seventy-seven or on leave of absence with less than full pay 29 between July twentieth, nineteen hundred seventy-six and October 30 fifteenth, nineteen hundred seventy-seven, may obtain credit for mili- 31 tary service not in excess of three years and not otherwise creditable 32 under section two hundred forty-three of the military law and subdivi- 33 sions six through nine of this section, rendered on active duty in the 34 armed forces of the United States during the period commencing July 35 first, nineteen hundred forty, and terminating December thirty-first, 36 nineteen hundred forty-six, or on service by one who was employed by the 37 War Shipping Administration or Office of Defense Transportation or their 38 agents as a merchant seaman documented by the United States Coast Guard 39 or Department of Commerce, or as a civil servant employed by the United 40 States Army Transport Service (later redesignated as the United States 41 Army Transportation Corps, Water Division) or the Naval Transportation 42 Service; and who served satisfactorily as a crew member during the peri- 43 od of armed conflict, December seventh, nineteen hundred forty-one, to 44 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 45 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 46 terms are defined under federal law (46 USCA 10301 & 10501) and further 47 to include "near foreign" voyages between the United States and Canada, 48 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 49 going service or foreign waters and who has received a Certificate of 50 Release or Discharge from Active Duty and a discharge certificate, or an 51 Honorable Service Certificate/Report of Casualty, from the Department of 52 Defense, or on service by one who served as a United States civilian 53 employed by the American Field Service and served overseas under United 54 States Armies and United States Army Groups in world war II during the 55 period of armed conflict, December seventh, nineteen hundred forty-one 56 through May eighth, nineteen hundred forty-five, and who (i) wasS. 8006--C 115 A. 9006--C 1 discharged or released therefrom under honorable conditions, or (ii) has 2 a qualifying condition, as defined in section [three hundred fifty] one 3 of the [executive] veterans' services law, and has received a discharge 4 other than bad conduct or dishonorable from such service, or (iii) is a 5 discharged LGBT veteran, as defined in section [three hundred fifty] one 6 of the [executive] veterans' services law, and has received a discharge 7 other than bad conduct or dishonorable from such service, or on service 8 by one who served as a United States civilian Flight Crew and Aviation 9 Ground Support Employee of Pan American World Airways or one of its 10 subsidiaries or its affiliates and served overseas as a result of Pan 11 American's contract with Air Transport Command or Naval Air Transport 12 Service during the period of armed conflict, December fourteenth, nine- 13 teen hundred forty-one through August fourteenth, nineteen hundred 14 forty-five, and who (iv) was discharged or released therefrom under 15 honorable conditions, or (v) has a qualifying condition, as defined in 16 section [three hundred fifty] one of the [executive] veterans' services 17 law, and has received a discharge other than bad conduct or dishonorable 18 from such service, or (vi) is a discharged LGBT veteran, as defined in 19 section [three hundred fifty] one of the [executive] veterans' services 20 law, and has received a discharge other than bad conduct or dishonorable 21 from such service, by a person who was a resident of New York state at 22 the time of entry into such service and at the time of being discharged 23 therefrom under honorable circumstances, and who makes the payments 24 required in accordance with the provisions of this subdivision. 25 § 42. Subdivision 5 of section 605 of the education law, as amended by 26 chapter 490 of the laws of 2019, is amended to read as follows: 27 5. Regents scholarships for war veterans. Regents scholarships for war 28 veterans shall be awarded on a competitive basis, for study beginning 29 with the college year nineteen hundred seventy-five--nineteen hundred 30 seventy-six. Six hundred such scholarships shall be awarded in such year 31 to veterans of the armed forces of the United States who have served on 32 active duty (other than for training) between October one, nineteen 33 hundred sixty-one and March twenty-nine, nineteen hundred seventy-three, 34 and who on the date by which applications are required to be submitted 35 (a) have been released from such active duty on conditions not other 36 than honorable, or (b) have a qualifying condition, as defined in 37 section [three hundred fifty] one of the [executive] veterans' services 38 law, and have received a discharge other than bad conduct or dishonor- 39 able from such service, or (c) are discharged LGBT veterans, as defined 40 in section [three hundred fifty] one of the [executive] veterans' 41 services law, and have received a discharge other than bad conduct or 42 dishonorable from such service. Such scholarships shall be allocated to 43 each county in the state in the same ratio that the number of legal 44 residents in such county, as determined by the most recent federal 45 census, bears to the total number of residents in the state; provided, 46 however, that no county shall be allocated fewer scholarships than such 47 county received during the year nineteen hundred sixty-eight--sixty- 48 nine. 49 § 43. Subparagraph 3 of paragraph b of subdivision 3 of section 663 of 50 the education law, as amended by chapter 490 of the laws of 2019, is 51 amended to read as follows: 52 (3) The applicant was enlisted in full time active military service in 53 the armed forces of the United States and (i) has been honorably 54 discharged from such service, or (ii) has a qualifying condition, as 55 defined in section [three hundred fifty] one of the [executive] veter- 56 ans' services law, and has received a discharge other than bad conductS. 8006--C 116 A. 9006--C 1 or dishonorable from such service, or (iii) is a discharged LGBT veter- 2 an, as defined in section [three hundred fifty] one of the [executive] 3 veterans' services law, and has received a discharge other than bad 4 conduct or dishonorable from such service, and, provided, however, that 5 the applicant has not and will not be claimed as a dependent by either 6 parent for purposes of either federal or state income tax. 7 § 44. Paragraphs (b) of subdivisions 1 and 2 of section 668 of the 8 education law, as amended by chapter 490 of the laws of 2019, are 9 amended to read as follows: 10 (b) December seven, nineteen hundred forty-one to December thirty-one, 11 nineteen hundred forty-six, or have been employed by the War Shipping 12 Administration or Office of Defense Transportation or their agents as a 13 merchant seaman documented by the United States Coast Guard or Depart- 14 ment of Commerce, or as a civil servant employed by the United States 15 Army Transport Service (later redesignated as the United States Army 16 Transportation Corps, Water Division) or the Naval Transportation 17 Service; and who served satisfactorily as a crew member during the peri- 18 od of armed conflict, December seventh, nineteen hundred forty-one, to 19 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 20 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 21 terms are defined under federal law (46 USCA 10301 & 10501) and further 22 to include "near foreign" voyages between the United States and Canada, 23 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 24 going service or foreign waters and who has received a Certificate of 25 Release or Discharge from Active Duty and a discharge certificate, or an 26 Honorable Service Certificate/Report of Casualty, from the Department of 27 Defense or have served as a United States civilian employed by the Amer- 28 ican Field Service and served overseas under United States Armies and 29 United States Army Groups in world war II during the period of armed 30 conflict, December seventh, nineteen hundred forty-one through May 31 eighth, nineteen hundred forty-five, and who (i) was discharged or 32 released therefrom under honorable conditions, or (ii) has a qualifying 33 condition, as defined in section [three hundred fifty] one of the [exec-34utive] veterans' services law, and has received a discharge other than 35 bad conduct or dishonorable from such service, or (iii) is a discharged 36 LGBT veteran, as defined in section [three hundred fifty] one of the 37 [executive] veterans' services law, and has received a discharge other 38 than bad conduct or dishonorable from such service, or have served as a 39 United States civilian Flight Crew and Aviation Ground Support Employee 40 of Pan American World Airways or one of its subsidiaries or its affil- 41 iates and served overseas as a result of Pan American's contract with 42 Air Transport Command or Naval Air Transport Service during the period 43 of armed conflict, December fourteenth, nineteen hundred forty-one 44 through August fourteenth, nineteen hundred forty-five, and who (iv) was 45 discharged or released therefrom under honorable conditions, or (v) has 46 a qualifying condition, as defined in section [three hundred fifty] one 47 of the [executive] veterans' services law, and has received a discharge 48 other than bad conduct or dishonorable from such service, or (vi) is a 49 discharged LGBT veteran, as defined in section [three hundred fifty] one 50 of the [executive] veterans' services law, and has received a discharge 51 other than bad conduct or dishonorable from such service. 52 (b) (i) is an honorably discharged veteran of the United States or 53 member of the armed forces of the United States, or (ii) has a qualify- 54 ing condition, as defined in section [three hundred fifty] one of the 55 [executive] veterans' services law, and has received a discharge other 56 than bad conduct or dishonorable from such service, or (iii) is aS. 8006--C 117 A. 9006--C 1 discharged LGBT veteran, as defined in section [three hundred fifty] one 2 of the [executive] veterans' services law, and has received a discharge 3 other than bad conduct or dishonorable from such service, who is a resi- 4 dent of the state of New York, and who has a current disability of forty 5 percent or more as a result of an injury or illness which is incurred or 6 was incurred during such military service; or 7 § 45. Subdivision 1 of section 668-c of the education law, as amended 8 by chapter 606 of the laws of 2021, is amended to read as follows: 9 1. Eligible students. Awards shall be made to Vietnam veterans' resi- 10 dent children born with Spina Bifida enrolled in approved undergraduate 11 or graduate programs at degree granting institutions. For the purpose of 12 this section, "Vietnam veteran" shall mean a person who served in Indo- 13 china at any time from the first day of November, nineteen hundred 14 fifty-five, to and including the seventh day of May, nineteen hundred 15 seventy-five and (a) was honorably discharged from the armed forces of 16 the United States, or (b) has a qualifying condition, as defined in 17 section [three hundred fifty] one of the [executive] veterans' services 18 law, and has received a discharge other than bad conduct or dishonorable 19 from the armed forces of the United States, or (c) is a discharged LGBT 20 veteran, as defined in section [three hundred fifty] one of the [execu-21tive] veterans' services law, and has received a discharge other than 22 bad conduct or dishonorable from the armed forces of the United States; 23 "born with Spina Bifida" shall mean a diagnosis at birth of such disease 24 inclusive of all forms, manifestations, complications and associated 25 medical conditions thereof, but shall not include Spina Bifida Occulta. 26 Such diagnosis shall be in accordance with the provisions of the federal 27 Spina Bifida program and shall be documented by the United States Admin- 28 istration of Veterans' Affairs. 29 § 46. Paragraphs a, b, c and d of subdivision 1 of section 669-a of 30 the education law, paragraph a as amended by chapter 606 of the laws of 31 2021 and paragraphs b, c and d as amended by chapter 490 of the laws of 32 2019, are amended to read as follows: 33 a. "Vietnam veteran" means (i) a person who is a resident of this 34 state, (ii) who served in the armed forces of the United States in Indo- 35 china at any time from the first day of November, nineteen hundred 36 fifty-five, to and including the seventh day of May, nineteen hundred 37 seventy-five, and (iii) who was either discharged therefrom under honor- 38 able conditions, including but not limited to honorable discharge, 39 discharge under honorable conditions, or general discharge, or has a 40 qualifying condition, as defined in section [three hundred fifty] one of 41 the [executive] veterans' services law, and has received a discharge 42 other than bad conduct or dishonorable from such service, or is a 43 discharged LGBT veteran, as defined in section [three hundred fifty] one 44 of the [executive] veterans' services law, and has received a discharge 45 other than bad conduct or dishonorable from such service. 46 b. "Persian Gulf veteran" means (i) a person who is a resident of this 47 state[,] (ii) who served in the armed forces of the United States in the 48 hostilities that occurred in the Persian Gulf from the second day of 49 August, nineteen hundred ninety through the end of such hostilities, and 50 (iii) who was either discharged therefrom under honorable conditions, 51 including but not limited to honorable discharge, discharge under honor- 52 able conditions, or general discharge, or has a qualifying condition, as 53 defined in section [three hundred fifty] one of the [executive] veter- 54 ans' services law, and has received a discharge other than bad conduct 55 or dishonorable from such service, or is a discharged LGBT veteran, as 56 defined in section [three hundred fifty] one of the [executive] veter-S. 8006--C 118 A. 9006--C 1 ans' services law, and has received a discharge other than bad conduct 2 or dishonorable from such service. 3 c. "Afghanistan veteran" means (i) a person who is a resident of this 4 state[,] (ii) who served in the armed forces of the United States in the 5 hostilities that occurred in Afghanistan from the eleventh day of 6 September, two thousand one, to the end of such hostilities, and (iii) 7 who was either discharged therefrom under honorable conditions, includ- 8 ing but not limited to honorable discharge, discharge under honorable 9 conditions, or general discharge, or has a qualifying condition, as 10 defined in section [three hundred fifty] one of the [executive] veter- 11 ans' services law, and has received a discharge other than bad conduct 12 or dishonorable from such service, or is a discharged LGBT veteran, as 13 defined in section [three hundred fifty] one of the [executive] veter- 14 ans' services law, and has received a discharge other than bad conduct 15 or dishonorable from such service. 16 d. "Other eligible combat veteran" means: an individual who (i) is a 17 resident of this state, (ii) served in the armed forces of the United 18 States in hostilities that occurred after February twenty-eighth, nine- 19 teen hundred sixty-one, as evidenced by their receipt of an Armed Forces 20 Expeditionary Medal, Navy Expeditionary Medal, or Marine Corps Expedi- 21 tionary Medal, and (iii) was either discharged under honorable condi- 22 tions, including but not limited to honorable discharge, discharge under 23 honorable conditions, or general discharge, or has a qualifying condi- 24 tion, as defined in section [three hundred fifty] one of the [executive] 25 veterans' services law, and has received a discharge other than bad 26 conduct or dishonorable from such service, or is a discharged LGBT 27 veteran, as defined in section [three hundred fifty] one of the [execu-28tive] veterans' services law, and has received a discharge other than 29 bad conduct or dishonorable from such service. 30 § 47. Subdivision 1 of section 3202 of the education law, as amended 31 by chapter 490 of the laws of 2019, is amended to read as follows: 32 1. A person over five and under twenty-one years of age who has not 33 received a high school diploma is entitled to attend the public schools 34 maintained in the district in which such person resides without the 35 payment of tuition. Provided further that such person may continue to 36 attend the public school in such district in the same manner, if tempo- 37 rarily residing outside the boundaries of the district when relocation 38 to such temporary residence is a consequence of such person's parent or 39 person in parental relationship being called to active military duty, 40 other than training. Notwithstanding any other provision of law to the 41 contrary, the school district shall not be required to provide transpor- 42 tation between a temporary residence located outside of the school 43 district and the school the child attends. A veteran of any age who 44 shall have served as a member of the armed forces of the United States 45 and who (a) shall have been discharged therefrom under conditions other 46 than dishonorable, or (b) has a qualifying condition, as defined in 47 section [three hundred fifty] one of the [executive] veterans' services 48 law, and has received a discharge other than bad conduct or dishonorable 49 from such service, or (c) is a discharged LGBT veteran, as defined in 50 section [three hundred fifty] one of the [executive] veterans' services 51 law, and has received a discharge other than bad conduct or dishonorable 52 from such service, may attend any of the public schools of the state 53 upon conditions prescribed by the board of education, and such veterans 54 shall be included in the pupil count for state aid purposes. A nonveter- 55 an under twenty-one years of age who has received a high school diploma 56 shall be permitted to attend classes in the schools of the district inS. 8006--C 119 A. 9006--C 1 which such person resides or in a school of a board of cooperative 2 educational services upon payment of tuition under such terms and condi- 3 tions as shall be established in regulations promulgated by the commis- 4 sioner; provided, however, that a school district may waive the payment 5 of tuition for such nonveteran, but in any case such a nonveteran who 6 has received a high school diploma shall not be counted for any state 7 aid purposes. Nothing herein contained shall, however, require a board 8 of education to admit a child who becomes five years of age after the 9 school year has commenced unless his or her birthday occurs on or before 10 the first of December. 11 § 48. Clause (h) of subparagraph 3 of paragraph b of subdivision 1 of 12 section 4402 of the education law, as amended by chapter 652 of the laws 13 of 2007, is amended to read as follows: 14 (h) Provide the form developed pursuant to subdivision [fifteen] twen- 15 ty-two of section [three hundred fifty-three] four of the [executive] 16 veterans' services law to the parent or person in parental relation of a 17 child designated by the committee as either disabled or emotionally 18 disturbed. 19 § 49. Subdivision 15 of section 1-104 of the election law, as amended 20 by chapter 490 of the laws of 2019, is amended to read as follows: 21 15. The term "veterans' hospital" means any sanitarium, hospital, 22 soldiers' and sailors' home, United States Veterans' Administration 23 Hospital, or other home or institution, which is used, operated and 24 conducted exclusively for the care, maintenance and treatment of persons 25 serving in the military or naval service or coast guard of the United 26 States or the state of New York, or persons who (a) were honorably 27 discharged from such service, or (b) have a qualifying condition, as 28 defined in section [three hundred fifty] one of the [executive] veter- 29 ans' services law, and have received a discharge other than bad conduct 30 or dishonorable from such service, or (c) are a discharged LGBT veteran, 31 as defined in section [three hundred fifty] one of the [executive] 32 veterans' services law, and have received a discharge other than bad 33 conduct or dishonorable from such service. 34 § 50. Subdivision 4 of section 5-210 of the election law, as amended 35 by chapter 490 of the laws of 2019, is amended to read as follows: 36 4. Any qualified person who has been honorably discharged from the 37 military after the twenty-fifth day before a general election, or who 38 has a qualifying condition, as defined in section [three hundred fifty] 39 one of the [executive] veterans' services law, and has received a 40 discharge other than bad conduct or dishonorable from the military after 41 the twenty-fifth day before a general election, or who is a discharged 42 LGBT veteran, as defined in section [three hundred fifty] one of the 43 [executive] veterans' services law, and has received a discharge other 44 than bad conduct or dishonorable from the military after the twenty- 45 fifth day before a general election, or who has become a naturalized 46 citizen after the twenty-fifth day before a general election may 47 personally register at the board of elections in the county of his or 48 her residence and vote in the general election held at least ten days 49 after such registration. 50 § 51. Subdivision 16 of section 11-0305 of the environmental conserva- 51 tion law, as amended by chapter 103 of the laws of 2012, is amended to 52 read as follows: 53 16. Notwithstanding any inconsistent provision of law, to authorize 54 free sport fishing clinics. A free sport fishing clinic shall include, 55 but not be limited to, instruction provided by employees of the depart- 56 ment or its designee in recreational angling, including its benefits andS. 8006--C 120 A. 9006--C 1 values, and may also include instruction and other information relevant 2 to an understanding of fisheries management, ethics and aquatic ecology 3 and habitat. No license or recreational marine fishing registration is 4 required to take fish by angling while participating in a fishing clinic 5 conducted by the department or its designee that has been designated by 6 the commissioner as a free sport fishing clinic. Such clinics shall be 7 implemented consistent with department standards and in a manner deter- 8 mined by the department to best provide public notice thereof and to 9 maximize public participation therein, so as to promote the recreational 10 opportunities afforded by sport fishing. Further, the commissioner may 11 designate additional fishing events organized through the department 12 that provide physical or emotional rehabilitation for veterans, as 13 defined in subdivision three of section [three hundred fifty] one of the 14 [executive] veterans' services law, or active duty members of the armed 15 forces of the United States[, as defined in 10 U.S.C. section16101(d)(1)]. No license or recreational marine fishing registration shall 17 be required for such veterans or active duty members to take fish by 18 angling while participating in these events. 19 § 52. Subdivision 4 of section 11-0715 of the environmental conserva- 20 tion law, as amended by chapter 490 of the laws of 2019, is amended to 21 read as follows: 22 4. A person, resident in the state for at least thirty days immediate- 23 ly prior to the date of application, who (a) has been honorably 24 discharged from service in the armed forces of the United States, or (b) 25 has a qualifying condition, as defined in section [three hundred fifty] 26 one of the [executive] veterans' services law, and has received a 27 discharge other than bad conduct or dishonorable from such service, or 28 (c) is a discharged LGBT veteran, as defined in section [three hundred29fifty] one of the [executive] veterans' services law, and has received a 30 discharge other than bad conduct or dishonorable from such service, and 31 is certified as having a forty percent or greater service-connected 32 disability is entitled to receive all licenses, privileges, tags, and 33 permits authorized by this title for which he or she is eligible, except 34 turkey permits, renewable each year for a five dollar fee. 35 § 53. Subparagraph (iv) of paragraph c of subdivision 1 of section 36 13-0328 of the environmental conservation law, as amended by chapter 656 37 of the laws of 2021, is amended to read as follows: 38 (iv) licenses shall be issued only to persons who demonstrate in a 39 manner acceptable to the department that they received an average of at 40 least fifteen thousand dollars of income over three consecutive years 41 from commercial fishing or fishing, or who successfully complete a 42 commercial food fish apprenticeship pursuant to subdivision seven of 43 this section. As used in this subparagraph, "commercial fishing" means 44 the taking and sale of marine resources including fish, shellfish, crus- 45 tacea or other marine biota and "fishing" means commercial fishing and 46 carrying fishing passengers for hire. Individuals who wish to qualify 47 based on income from "fishing" must hold a valid marine and coastal 48 district party and charter boat license. No more than ten percent of the 49 licenses issued each year based on income eligibility pursuant to this 50 paragraph shall be issued to applicants who qualify based solely upon 51 income derived from operation of or employment by a party or charter 52 boat. For the income evaluation of this subdivision, the department may 53 consider persons who would otherwise be eligible but for having served 54 in the United States armed forces on active duty, provided that such 55 individual (1) has received an honorable or general discharge, or (2) 56 has a qualifying condition, as defined in section [three hundred fifty]S. 8006--C 121 A. 9006--C 1 one of the [executive] veteran's services law, and has received a 2 discharge other than bad conduct or dishonorable from such service, or 3 (3) is a discharged LGBT veteran, as defined in section [three hundred4fifty] one of the [executive] veteran's services law, and has received a 5 discharge other than bad conduct or dishonorable from such service, 6 shall not be deemed ineligible. 7 § 54. Subdivision 1 of section 130 of the executive law, as amended by 8 section 2 of part V of chapter 58 of the laws of 2020, is amended to 9 read as follows: 10 1. The secretary of state may appoint and commission as many notaries 11 public for the state of New York as in his or her judgment may be deemed 12 best, whose jurisdiction shall be co-extensive with the boundaries of 13 the state. The appointment of a notary public shall be for a term of 14 four years. An application for an appointment as notary public shall be 15 in form and set forth such matters as the secretary of state shall 16 prescribe. Every person appointed as notary public must, at the time of 17 his or her appointment, be a resident of the state of New York or have 18 an office or place of business in New York state. A notary public who is 19 a resident of the state and who moves out of the state but still main- 20 tains a place of business or an office in New York state does not vacate 21 his or her office as a notary public. A notary public who is a nonresi- 22 dent and who ceases to have an office or place of business in this 23 state, vacates his or her office as a notary public. A notary public who 24 is a resident of New York state and moves out of the state and who does 25 not retain an office or place of business in this state shall vacate his 26 or her office as a notary public. A non-resident who accepts the office 27 of notary public in this state thereby appoints the secretary of state 28 as the person upon whom process can be served on his or her behalf. 29 Before issuing to any applicant a commission as notary public, unless he 30 or she be an attorney and counsellor at law duly admitted to practice in 31 this state or a court clerk of the unified court system who has been 32 appointed to such position after taking a civil service promotional 33 examination in the court clerk series of titles, the secretary of state 34 shall satisfy himself or herself that the applicant is of good moral 35 character, has the equivalent of a common school education and is famil- 36 iar with the duties and responsibilities of a notary public; provided, 37 however, that where a notary public applies, before the expiration of 38 his or her term, for reappointment with the county clerk or where a 39 person whose term as notary public shall have expired applies within six 40 months thereafter for reappointment as a notary public with the county 41 clerk, such qualifying requirements may be waived by the secretary of 42 state, and further, where an application for reappointment is filed with 43 the county clerk after the expiration of the aforementioned renewal 44 period by a person who failed or was unable to re-apply by reason of his 45 or her induction or enlistment in the armed forces of the United States, 46 such qualifying requirements may also be waived by the secretary of 47 state, provided such application for reappointment is made within a 48 period of one year after the military discharge of the applicant under 49 conditions other than dishonorable, or if the applicant has a qualifying 50 condition, as defined in section [three hundred fifty of this chapter] 51 one of the veterans' services law, within a period of one year after the 52 applicant has received a discharge other than bad conduct or dishonor- 53 able from such service, or if the applicant is a discharged LGBT veter- 54 an, as defined in section [three hundred fifty of this chapter] one of 55 the veterans' services law, within a period of one year after the appli- 56 cant has received a discharge other than bad conduct or dishonorableS. 8006--C 122 A. 9006--C 1 from such service. In any case, the appointment or reappointment of any 2 applicant is in the discretion of the secretary of state. The secretary 3 of state may suspend or remove from office, for misconduct, any notary 4 public appointed by him or her but no such removal shall be made unless 5 the person who is sought to be removed shall have been served with a 6 copy of the charges against him or her and have an opportunity of being 7 heard. No person shall be appointed as a notary public under this arti- 8 cle who has been convicted, in this state or any other state or territo- 9 ry, of a crime, unless the secretary makes a finding in conformance with 10 all applicable statutory requirements, including those contained in 11 article twenty-three-A of the correction law, that such convictions do 12 not constitute a bar to appointment. 13 § 55. Subdivision 1 of section 32 of the general business law, as 14 amended by chapter 490 of the laws of 2019, is amended to read as 15 follows: 16 1. Every member of the armed forces of the United States who (a) was 17 honorably discharged from such service, or (b) has a qualifying condi- 18 tion, as defined in section [three hundred fifty] one of the [executive] 19 veterans' services law, and has received a discharge other than bad 20 conduct or dishonorable from such service, or (c) is a discharged LGBT 21 veteran, as defined in section [three hundred fifty] one of the [execu-22tive] veterans' services law, and has received a discharge other than 23 bad conduct or dishonorable from such service, and who is a resident of 24 this state and a veteran of any war, or who shall have served in the 25 armed forces of the United States overseas, and the surviving spouse of 26 any such veteran, if a resident of the state, shall have the right to 27 hawk, peddle, vend and sell goods, wares or merchandise or solicit trade 28 upon the streets and highways within the county of his or her residence, 29 as the case may be, or if such county is embraced wholly by a city, 30 within such city, by procuring a license for that purpose to be issued 31 as herein provided. No part of the lands or premises under the jurisdic- 32 tion of the division of the state fair in the department of agriculture 33 and markets, shall be deemed a street or highway within the meaning of 34 this section. 35 § 56. Section 35 of the general business law, as amended by chapter 36 490 of the laws of 2019, is amended to read as follows: 37 § 35. Municipal regulations. This article shall not affect the appli- 38 cation of any ordinance, by-law or regulation of a municipal corporation 39 relating to hawkers and peddlers within the limits of such corporations, 40 but the provisions of this article are to be complied with in addition 41 to the requirements of any such ordinance, by-law or regulation; 42 provided, however, that no such by-law, ordinance or regulation shall 43 prevent or in any manner interfere with the hawking or peddling, without 44 the use of any but a hand driven vehicle, in any street, avenue, alley, 45 lane or park of a municipal corporation, by any honorably discharged 46 member of the armed forces of the United States who (1) was honorably 47 discharged from such service, or (2) has a qualifying condition, as 48 defined in section [three hundred fifty] one of the [executive] veter- 49 ans' services law, and has received a discharge other than bad conduct 50 or dishonorable from such service, or (3) is a discharged LGBT veteran, 51 as defined in section [three hundred fifty] one of the [executive] 52 veterans' services law, and has received a discharge other than bad 53 conduct or dishonorable from such service, and who is physically disa- 54 bled as a result of injuries received while in the service of said armed 55 forces and the holder of a license granted pursuant to section thirty- 56 two of this article.S. 8006--C 123 A. 9006--C 1 § 57. Paragraph (a) of subdivision 1 of section 35-a of the general 2 business law, as amended by chapter 490 of the laws of 2019, is amended 3 to read as follows: 4 (a) In cities having a population of one million or more, the official 5 designated by a local law or ordinance to issue a local license to hawk, 6 peddle, vend and sell goods, wares or merchandise or solicit trade upon 7 the streets and highways within such city shall issue specialized vend- 8 ing licenses to members of the armed forces of the United States who (i) 9 were honorably discharged from such service, or (ii) have a qualifying 10 condition, as defined in section [three hundred fifty] one of the [exec-11utive] veterans' services law, and received a discharge other than bad 12 conduct or dishonorable from such service, or (iii) are a discharged 13 LGBT veteran, as defined in section [three hundred fifty] one of the 14 [executive] veterans' services law, and received a discharge other than 15 bad conduct or dishonorable from such service, and who are physically 16 disabled as a result of injuries received while in the service of said 17 armed forces and who are eligible to hold licenses granted pursuant to 18 section thirty-two of this article. Such specialized vending licenses 19 shall authorize holders thereof to hawk or peddle within such city in 20 accordance with the provisions contained in this section. Specialized 21 vending licenses issued under this section shall permit the holders 22 thereof to vend on any block face, and no licensee authorized under this 23 section shall be restricted in any way from vending in any area, except 24 as provided in this section. 25 § 58. Paragraph (b) of subdivision 3 of section 69-p of the general 26 business law, as amended by chapter 490 of the laws of 2019, is amended 27 to read as follows: 28 (b) In the case of persons who are or were in the military service and 29 (i) have been or will be discharged under conditions other than 30 dishonorable, or (ii) have a qualifying condition, as defined in section 31 [three hundred fifty] one of the [executive] veterans' services law, and 32 received a discharge other than bad conduct or dishonorable from such 33 service, or (iii) are discharged LGBT veterans, as defined in section 34 [three hundred fifty] one of the [executive] veterans' services law, and 35 have received a discharge other than bad conduct or dishonorable from 36 such service, the period of two years specified in subdivision one of 37 this section need not be continuous. The length of time such person was 38 engaged in the business of installing, servicing or maintaining security 39 or fire alarm systems before entering the military service may be added 40 to any period of time during which such person was or is engaged in the 41 business of installing, servicing or maintaining security or fire alarm 42 systems after the termination of military service. 43 § 59. The closing paragraph of section 435 of the general business 44 law, as amended by chapter 490 of the laws of 2019, is amended to read 45 as follows: 46 In the case of persons who are or were in the military service and (a) 47 have been or will be discharged under conditions other than dishonor- 48 able, or (b) have a qualifying condition, as defined in section [three49hundred fifty] one of the [executive] veterans' services law, and 50 received a discharge other than bad conduct or dishonorable from such 51 service, or (c) are discharged LGBT veterans, as defined in section 52 [three hundred fifty] one of the [executive] veterans' services law, and 53 have received a discharge other than bad conduct or dishonorable from 54 such service, the period of one year specified in subdivision one of 55 this section and the period of six months specified in subdivision two 56 of this section need not be continuous. The length of time such personS. 8006--C 124 A. 9006--C 1 was engaged in the practice of barbering before entering the military 2 service may be added to any period of time during which such person was 3 or is engaged in the practice of barbering after the termination of 4 military service. 5 § 60. Section 13-a of the general construction law, as amended by 6 chapter 490 of the laws of 2019, is amended to read as follows: 7 § 13-a. Armed forces of the United States. "Armed forces of the United 8 States" means the army, navy, marine corps, air force and coast guard[,] 9 including all components thereof, and the national guard when in the 10 service of the United States pursuant to call as provided by law. 11 Pursuant to this definition no person shall be considered a member or 12 veteran of the armed forces of the United States unless his or her 13 service therein is or was on a full-time active duty basis, other than 14 active duty for training or he or she was employed by the War Shipping 15 Administration or Office of Defense Transportation or their agents as a 16 merchant seaman documented by the United States Coast Guard or Depart- 17 ment of Commerce, or as a civil servant employed by the United States 18 Army Transport Service (later redesignated as the United States Army 19 Transportation Corps, Water Division) or the Naval Transportation 20 Service; and who served satisfactorily as a crew member during the peri- 21 od of armed conflict, December seventh, nineteen hundred forty-one, to 22 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 23 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 24 terms are defined under federal law (46 USCA 10301 & 10501) and further 25 to include "near foreign" voyages between the United States and Canada, 26 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 27 going service or foreign waters and who has received a Certificate of 28 Release or Discharge from Active Duty and a discharge certificate, or an 29 Honorable Service Certificate/Report of Casualty, from the Department of 30 Defense or he or she served as a United States civilian employed by the 31 American Field Service and served overseas under United States Armies 32 and United States Army Groups in world war II during the period of armed 33 conflict, December seventh, nineteen hundred forty-one through May 34 eighth, nineteen hundred forty-five, and (i) was discharged or released 35 therefrom under honorable conditions, or (ii) has a qualifying condi- 36 tion, as defined in section [three hundred fifty] one of the [executive] 37 veterans' services law, and has received a discharge other than bad 38 conduct or dishonorable from such service, or (iii) is a discharged LGBT 39 veteran, as defined in section [three hundred fifty] one of the [execu-40tive] veterans' services law, and has received a discharge other than 41 bad conduct or dishonorable from such service, or he or she served as a 42 United States civilian Flight Crew and Aviation Ground Support Employee 43 of Pan American World Airways or one of its subsidiaries or its affil- 44 iates and served overseas as a result of Pan American's contract with 45 Air Transport Command or Naval Air Transport Service during the period 46 of armed conflict, December fourteenth, nineteen hundred forty-one 47 through August fourteenth, nineteen hundred forty-five, and (iv) was 48 discharged or released therefrom under honorable conditions, or (v) has 49 a qualifying condition, as defined in section [three hundred fifty] one 50 of the [executive] veterans' services law, and has received a discharge 51 other than bad conduct or dishonorable from such service, or (vi) is a 52 discharged LGBT veteran, as defined in section [three hundred fifty] one 53 of the [executive] veterans' services law, and has received a discharge 54 other than bad conduct or dishonorable from such service.S. 8006--C 125 A. 9006--C 1 § 61. Subdivision 1 of section 77 of the general municipal law, as 2 amended by chapter 490 of the laws of 2019, is amended to read as 3 follows: 4 1. A municipal corporation may lease, for not exceeding five years, to 5 a post or posts of the Grand Army of the Republic, Veterans of Foreign 6 Wars of the United States, American Legion, Catholic War Veterans, Inc., 7 Disabled American Veterans, the Army and Navy Union, U.S.A., Marine 8 Corps League, AMVETS, American Veterans of World War II, Jewish War 9 Veterans of the United States, Inc., Italian American War Veterans of 10 the United States, Incorporated, Masonic War Veterans of the State of 11 New York, Inc., Veterans of World War I of the United States of America 12 Department of New York, Inc., Polish-American Veterans of World War II, 13 Amsterdam, N.Y., Inc., Polish-American Veterans of World War II, Sche- 14 nectady, N.Y., Inc., Polish Legion of American Veterans, Inc., Vietnam 15 Veterans of America or other veteran organization of members of the 16 [armed forces] uniformed services of the United States who (a) were 17 honorably discharged from such service or (b) have a qualifying condi- 18 tion, as defined in section [three hundred fifty] one of the [executive] 19 veterans' services law, and received a discharge other than bad conduct 20 or dishonorable from such service, or (c) are discharged LGBT veterans, 21 as defined in section [three hundred fifty] one of the [executive] 22 veterans' services law, and received a discharge other than bad conduct 23 or dishonorable from such service, or to an incorporated organization or 24 an association of either active or exempt volunteer firefighters, a 25 public building or part thereof, belonging to such municipal corpo- 26 ration, except schoolhouses in actual use as such, without expense, or 27 at a nominal rent, fixed by the board or council having charge of such 28 buildings and provide furniture and furnishings, and heat, light and 29 janitor service therefor, in like manner. 30 § 62. Paragraph (a) of subdivision 1 of section 148 of the general 31 municipal law, as amended by chapter 490 of the laws of 2019, is amended 32 to read as follows: 33 (a) The board of supervisors in each of the counties, or the board of 34 estimate in the city of New York, shall designate some proper person, 35 association or commission, other than that designated for the care of 36 burial of public charges or criminals, who shall cause to be interred 37 the body of any member of the [armed forces] uniformed services of the 38 United States who (i) was honorably discharged from such service or (ii) 39 had a qualifying condition, as defined in section [three hundred fifty] 40 one of the [executive] veterans' services law, and received a discharge 41 other than bad conduct or dishonorable from such service, or (iii) was a 42 discharged LGBT veteran, as defined in section [three hundred fifty] one 43 of the [executive] veterans' services law, and received a discharge 44 other than bad conduct or dishonorable from such service, or the body of 45 any minor child or either parent, or the spouse or unremarried surviving 46 spouse of any such member of the [armed forces] uniformed services of 47 the United States, if such person shall hereafter die in a county or in 48 the city of New York without leaving sufficient means to defray his or 49 her funeral expenses. 50 § 63. Section 117-c of the highway law, as amended by chapter 490 of 51 the laws of 2019, is amended to read as follows: 52 § 117-c. Hawking, peddling, vending, sale of goods, wares or merchan- 53 dise; Erie county; certain areas. Notwithstanding any law to the contra- 54 ry, except section thirty-five of the general business law, the county 55 of Erie shall have the power to enact a local law prohibiting hawking, 56 peddling, vending and sale of goods, wares or merchandise or solicita-S. 8006--C 126 A. 9006--C 1 tion of trade in the right-of-way of county roads adjacent to arenas, 2 stadiums, auditoriums or like facilities, which contain fifty thousand 3 or more seats, which are used for events likely to attract large numbers 4 of spectators, including but not limited to home games of a National 5 Football League franchise. Provided, however, that the power to enact 6 such local law shall be subject to the requirement that provision be 7 made, by lease agreement, regulation or otherwise, for the hawking, 8 peddling, vending and sales of goods, wares or merchandise or solicita- 9 tion of trade in designated vending areas on the ground of county-owned 10 lands leased for use as an arena, stadium or auditorium or like facility 11 which contain fifty thousand or more seats; and further provided that 12 members of the armed forces of the United States who (a) were honorably 13 discharged from such service, or (b) have a qualifying condition, as 14 defined in section [three hundred fifty] one of the [executive] veter- 15 ans' services law, and received a discharge other than bad conduct or 16 dishonorable from such service, or (c) are discharged LGBT veterans, as 17 defined in section [three hundred fifty] one of the [executive] veter- 18 ans' services law, and received a discharge other than bad conduct or 19 dishonorable from such service, and who are entitled to hawk, vend, sell 20 or peddle merchandise in the public right-of-way pursuant to sections 21 thirty-two and thirty-five of the general business law, shall be given 22 first preference in any assignment or vending locations or in the allo- 23 cation of such locations. 24 § 64. Paragraph 11 of subsection (j) of section 2103 of the insurance 25 law, as amended by chapter 490 of the laws of 2019, is amended to read 26 as follows: 27 (11) No license fee shall be required of any person who served as a 28 member of the armed forces of the United States at any time and who (A) 29 shall have been discharged therefrom, under conditions other than 30 dishonorable, or (B) has a qualifying condition, as defined in section 31 [three hundred fifty] one of the [executive] veterans' services law, and 32 has received a discharge other than bad conduct or dishonorable from 33 such service, or (C) is a discharged LGBT veteran, as defined in section 34 [three hundred fifty] one of the [executive] veterans' services law, and 35 has received a discharge other than bad conduct or dishonorable from 36 such service, in a current licensing period, for the duration of such 37 period. 38 § 65. Subparagraph (F) of paragraph 3 of subsection (e) and paragraph 39 2 of subsection (f) of section 2104 of the insurance law, as amended by 40 chapter 490 of the laws of 2019, are amended to read as follows: 41 (F) served as a member of the armed forces of the United States at any 42 time, and shall (i) have been discharged under conditions other than 43 dishonorable, or (ii) has a qualifying condition, as defined in section 44 [three hundred fifty] one of the [executive] veterans' services law, and 45 has received a discharge other than bad conduct or dishonorable from 46 such service, or (iii) is a discharged LGBT veteran, as defined in 47 section [three hundred fifty] one of the [executive] veterans' services 48 law, and has received a discharge other than bad conduct or dishonorable 49 from such service, and who within three years prior to his or her entry 50 into the armed forces held a license as insurance broker for similar 51 lines, provided his or her application for such license is filed before 52 one year from the date of final discharge; or 53 (2) No license fee shall be required of any person who served as a 54 member of the armed forces of the United States at any time, and who (A) 55 shall have been discharged, under conditions other than dishonorable, or 56 (B) has a qualifying condition, as defined in section [three hundredS. 8006--C 127 A. 9006--C 1fifty] one of the [executive] veterans' services law, and has received a 2 discharge other than bad conduct or dishonorable from such service, or 3 (C) is a discharged LGBT veteran, as defined in section [three hundred4fifty] one of the [executive] veterans' services law, and has received a 5 discharge other than bad conduct or dishonorable from such service, in a 6 current licensing period, for the duration of such period. 7 § 66. Paragraph 2 of subsection (i) of section 2108 of the insurance 8 law, as amended by chapter 490 of the laws of 2019, is amended to read 9 as follows: 10 (2) No license fee shall be required of any person who served as a 11 member of the armed forces of the United States at any time and who (A) 12 shall have been discharged, under conditions other than dishonorable, or 13 (B) has a qualifying condition, as defined in section [three hundred14fifty] one of the [executive] veterans' services law, and has received a 15 discharge other than bad conduct or dishonorable from such service, or 16 (C) is a discharged LGBT veteran, as defined in section [three hundred17fifty] one of the [executive] veterans' services law, and has received a 18 discharge other than bad conduct or dishonorable from such service, in a 19 current licensing period, for the duration of such period. 20 § 67. Paragraph 10 of subsection (h) of section 2137 of the insurance 21 law, as amended by chapter 490 of the laws of 2019, is amended to read 22 as follows: 23 (10) No license fee shall be required of any person who served as a 24 member of the armed forces of the United States at any time and who (A) 25 shall have been discharged therefrom, under conditions other than 26 dishonorable, or (B) has a qualifying condition, as defined in section 27 [three hundred fifty] one of the [executive] veterans' services law, and 28 has received a discharge other than bad conduct or dishonorable from 29 such service, or (C) is a discharged LGBT veteran, as defined in section 30 [three hundred fifty] one of the [executive] veterans' services law, and 31 has received a discharge other than bad conduct or dishonorable from 32 such service, in a current licensing period, for the duration of such 33 period. 34 § 68. Paragraph 11 of subsection (i) of section 2139 of the insurance 35 law, as amended by chapter 490 of the laws of 2019, is amended to read 36 as follows: 37 (11) No license fee shall be required of any person who served as a 38 member of the armed forces of the United States at any time, and who (A) 39 shall have been discharged therefrom under conditions other than 40 dishonorable, or (B) has a qualifying condition, as defined in section 41 [three hundred fifty] one of the [executive] veterans' services law, and 42 has received a discharge other than bad conduct or dishonorable from 43 such service, or (C) is a discharged LGBT veteran, as defined in section 44 [three hundred fifty] one of the [executive] veterans' services law, and 45 has received a discharge other than bad conduct or dishonorable from 46 such service, in a current licensing period for the duration of such 47 period. 48 § 69. Section 466 of the judiciary law, as amended by chapter 490 of 49 the laws of 2019, is amended to read as follows: 50 § 466. Attorney's oath of office. 1. Each person, admitted as 51 prescribed in this chapter must, upon his or her admission, take the 52 constitutional oath of office in open court, and subscribe the same in a 53 roll or book, to be kept in the office of the clerk of the appellate 54 division of the supreme court for that purpose. 55 2. Any person now in actual service in the armed forces of the United 56 States or whose induction or enlistment therein is imminent, or withinS. 8006--C 128 A. 9006--C 1 sixty days after such person (1) has been honorably discharged, or (2) 2 has received a discharge other than bad conduct or dishonorable from 3 such service, if such person has a qualifying condition, as defined in 4 section [three hundred fifty] one of the [executive] veterans' services 5 law, or (3) has received a discharge other than bad conduct or dishonor- 6 able from such service, if such person is a discharged LGBT veteran, as 7 defined in section [three hundred fifty] one of the [executive] veter- 8 ans' services law, if the appellate division of the supreme court in the 9 department in which such person resides is not in session, may subscribe 10 and take the oath before a justice of that court, with the same force 11 and effect as if it were taken in open court, except that in the first 12 department the oath must be taken before the presiding justice or, in 13 his or her absence, before the senior justice. 14 § 70. Subdivision 3 of section 20 of the military law, as amended by 15 chapter 490 of the laws of 2019, is amended to read as follows: 16 3. Any person who has served as a commissioned or warrant officer in 17 the organized militia or in the armed forces of the United States and 18 (a) has been honorably discharged therefrom, or (b) has a qualifying 19 condition, as defined in section [three hundred fifty] one of the [exec-20utive] veterans' services law, and has received a discharge other than 21 bad conduct or dishonorable from such service, or (c) is a discharged 22 LGBT veteran, as defined in section [three hundred fifty] one of the 23 [executive] veterans' services law, and has received a discharge other 24 than bad conduct or dishonorable from such service, may be commissioned 25 and placed on the state reserve list in the highest grade previously 26 held by him or her after complying with such conditions as may be 27 prescribed by regulations issued pursuant to this chapter. 28 § 71. Paragraphs (b) and (c) of subdivision 1 and subparagraphs 1 and 29 2 of paragraph (a) of subdivision 4-b of section 243 of the military 30 law, as amended by chapter 490 of the laws of 2019, are amended to read 31 as follows: 32 (b) The term "military duty" shall mean military service in the mili- 33 tary, naval, aviation or marine service of the United States subsequent 34 to July first, nineteen hundred forty, or service under the selective 35 training and service act of nineteen hundred forty, or the national 36 guard and reserve officers mobilization act of nineteen hundred forty, 37 or any other act of congress supplementary or amendatory thereto, or any 38 similar act of congress hereafter enacted and irrespective of the fact 39 that such service was entered upon following a voluntary enlistment 40 therefor or was required under one of the foregoing acts of congress, or 41 service with the United States public health service as a commissioned 42 officer, or service with the American Red Cross while with the armed 43 forces of the United States on foreign service, or service with the 44 special services section of the armed forces of the United States on 45 foreign service, or service in the merchant marine which shall consist 46 of service as an officer or member of the crew on or in connection with 47 a vessel documented under the laws of the United States or a vessel 48 owned by, chartered to, or operated by or for the account or use of the 49 government of the United States, or service by one who was employed by 50 the War Shipping Administration or Office of Defense Transportation or 51 their agents as a merchant seaman documented by the United States Coast 52 Guard or Department of Commerce, or as a civil servant employed by the 53 United States Army Transport Service (later redesignated as the United 54 States Army Transportation Corps, Water Division) or the Naval Transpor- 55 tation Service; and who served satisfactorily as a crew member during 56 the period of armed conflict, December seventh, nineteen hundred forty-S. 8006--C 129 A. 9006--C 1 one, to August fifteenth, nineteen hundred forty-five, aboard merchant 2 vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service 3 as such terms are defined under federal law (46 USCA 10301 & 10501) and 4 further to include "near foreign" voyages between the United States and 5 Canada, Mexico, or the West Indies via ocean routes, or public vessels 6 in oceangoing service or foreign waters and who has received a Certif- 7 icate of Release or Discharge from Active Duty and a discharge certif- 8 icate, or an Honorable Service Certificate/Report of Casualty, from the 9 Department of Defense, or who served as a United States civilian 10 employed by the American Field Service and served overseas under United 11 States Armies and United States Army Groups in world war II during the 12 period of armed conflict, December seventh, nineteen hundred forty-one 13 through May eighth, nineteen hundred forty-five, and who (i) was 14 discharged or released therefrom under honorable conditions, or (ii) has 15 a qualifying condition, as defined in section [three hundred fifty] one 16 of the [executive] veterans' services law, and has received a discharge 17 other than bad conduct or dishonorable from such service, or (iii) is a 18 discharged LGBT veteran, as defined in section [three hundred fifty] one 19 of the [executive] veterans' services law, and has received a discharge 20 other than bad conduct or dishonorable from such service, or who served 21 as a United States civilian Flight Crew and Aviation Ground Support 22 Employee of Pan American World Airways or one of its subsidiaries or its 23 affiliates and served overseas as a result of Pan American's contract 24 with Air Transport Command or Naval Air Transport Service during the 25 period of armed conflict, December fourteenth, nineteen hundred forty- 26 one through August fourteenth, nineteen hundred forty-five, and who (iv) 27 was discharged or released therefrom under honorable conditions, or (v) 28 has a qualifying condition, as defined in section [three hundred fifty] 29 one of the [executive] veterans' services law, and has received a 30 discharge other than bad conduct or dishonorable from such service, or 31 (vi) is a discharged LGBT veteran, as defined in section [three hundred32fifty] one of the [executive] veterans' services law, and has received a 33 discharge other than bad conduct or dishonorable from such service; or 34 service in police duty on behalf of the United States government in a 35 foreign country, if such person is a police officer, as defined by 36 section 1.20 of the criminal procedure law, and if such police officer 37 obtained the prior consent of his or her public employer to absent 38 himself or herself from his or her position to engage in the performance 39 of such service; or as an enrollee in the United States maritime service 40 on active duty and, to such extent as may be prescribed by or under the 41 laws of the United States, any period awaiting assignment to such 42 service and any period of education or training for such service in any 43 school or institution under the jurisdiction of the United States 44 government, but shall not include temporary and intermittent gratuitous 45 service in any reserve or auxiliary force. It shall include time spent 46 in reporting for and returning from military duty and shall be deemed to 47 commence when the public employee leaves his or her position and to end 48 when he or she is reinstated to his or her position, provided such rein- 49 statement is within ninety days after the termination of military duty, 50 as hereinafter defined. Notwithstanding the foregoing provisions of this 51 paragraph, the term "military duty" shall not include any of the forego- 52 ing services entered upon voluntarily on or after January first, nine- 53 teen hundred forty-seven and before June twenty-fifth, nineteen hundred 54 fifty; and, on or after July first, nineteen hundred seventy, the term 55 "military duty" shall not include any voluntary service in excess of 56 four years performed after that date, or the total of any voluntaryS. 8006--C 130 A. 9006--C 1 services, additional or otherwise, in excess of four years performed 2 after that date, shall not exceed five years, if the service in excess 3 of four years is at the request and for the convenience of the federal 4 government, except if such voluntary service is performed during a peri- 5 od of war, or national emergency declared by the president. 6 (c) The term "termination of military duty" shall mean the date of a 7 certificate of honorable discharge or a certificate of completion of 8 training and service as set forth in the selective training and service 9 act of nineteen hundred forty, and the national guard and reserve offi- 10 cers mobilization act of nineteen hundred forty or, or a certificate of 11 release or discharge from active duty where an employee (i) has a quali- 12 fying condition, as defined in section [three hundred fifty] one of the 13 [executive] veterans' services law, and has received a discharge other 14 than bad conduct or dishonorable from such service, or (ii) is a 15 discharged LGBT veteran, as defined in section [three hundred fifty] one 16 of the [executive] veterans' services law, and has received a discharge 17 other than bad conduct or dishonorable from such service, or in the 18 event of the incurrence of a temporary disability arising out of and in 19 the course of such military duty, the date of termination of such disa- 20 bility. The existence and termination of such temporary disability, in 21 the case of a public employee occupying a position in the classified 22 civil service or of a person on an eligible list for a position in such 23 service, shall be determined by the civil service commission having 24 jurisdiction over such position and, in the case of a public employee 25 occupying a position not in the classified civil service, shall be 26 determined by the officer or body having the power of appointment. 27 (1) "New York city veteran of world war II". Any member of the New 28 York city employees' retirement system in city-service who, after his or 29 her last membership in such system began, served as a member of the 30 armed forces of the United States during the period beginning on Decem- 31 ber seventh, nineteen hundred forty-one and ending on December thirty- 32 first, nineteen hundred forty-six, and (i) was honorably discharged or 33 released under honorable circumstances from such service, or (ii) has a 34 qualifying condition, as defined in section [three hundred fifty] one of 35 the [executive] veterans' services law, and has received a discharge 36 other than bad conduct or dishonorable from such service, or (iii) is a 37 discharged LGBT veteran, as defined in section [three hundred fifty] one 38 of the [executive] veterans' services law, and has received a discharge 39 other than bad conduct or dishonorable from such service. 40 (2) "New York city veteran of the Korean conflict." Any member of the 41 New York city employees' retirement system in city-service who, after 42 his or her last membership in such system began, served as a member of 43 the armed forces of the United States during the period beginning on the 44 twenty-seventh of June, nineteen hundred fifty and ending on the thir- 45 ty-first day of January, nineteen hundred fifty-five, and (i) was honor- 46 ably discharged or released under honorable circumstances from such 47 service, or (ii) has a qualifying condition, as defined in section 48 [three hundred fifty] one of the [executive] veterans' services law, and 49 has received a discharge other than bad conduct or dishonorable from 50 such service, or (iii) is a discharged LGBT veteran, as defined in 51 section [three hundred fifty] one of the [executive] veterans' services 52 law, and has received a discharge other than bad conduct or dishonorable 53 from such service. 54 § 72. Section 245 of the military law, as amended by chapter 490 of 55 the laws of 2019, is amended to read as follows:S. 8006--C 131 A. 9006--C 1 § 245. Retirement allowances of certain war veterans. 1. Any member 2 of a teachers' retirement system to which the city of New York is 3 required by law to make contributions on account of such member who (i) 4 is an honorably discharged member of any branch of the armed forces of 5 the United States, or (ii) has a qualifying condition, as defined in 6 section [three hundred fifty] one of the [executive] veterans' services 7 law, and has received a discharge other than bad conduct or dishonor- 8 able, or (iii) is a discharged LGBT veteran, as defined in section 9 [three hundred fifty] one of the [executive] veterans' services law, and 10 has received a discharge other than bad conduct or dishonorable, having 11 served as such during the time of war and who has attained the age of 12 fifty years, may retire upon his or her own request upon written appli- 13 cation to the board setting forth at what time not less than thirty days 14 subsequent to the execution and filing thereof he or she desires to be 15 retired, provided that such member at the time so specified for his or 16 her retirement shall have completed at least twenty-five years of allow- 17 able service. Upon retirement such member shall receive an annuity of 18 equivalent actuarial value to his or her accumulated deductions, and, in 19 addition, a pension beginning immediately, having a value equal to the 20 present value of the pension that would have become payable had he or 21 she continued at his or her current salary to the age at which he or she 22 would have first become eligible for service retirement, provided, 23 however, that the said member on making application for retirement shall 24 pay into the retirement fund a sum of money which calculated on an actu- 25 arial basis, together with his or her prior contributions and other 26 accumulations in said fund then to his or her credit, shall be suffi- 27 cient to entitle the said member to the same annuity and pension that he 28 or she would have received had he or she remained in the service of the 29 city until he or she had attained the age at which he or she otherwise 30 would have first become eligible for service retirement. 31 2. Notwithstanding any other provision of this section or of any 32 general, special or local law or code to the contrary, a member of any 33 such teachers' retirement system who (i) is separated or discharged 34 under honorable conditions from any branch of the armed forces of the 35 United States, or (ii) has a qualifying condition, as defined in section 36 [three hundred fifty] one of the [executive] veterans' services law, and 37 has received a discharge other than bad conduct or dishonorable, or 38 (iii) is a discharged LGBT veteran, as defined in section [three hundred39fifty] one of the [executive] veterans' services law, and has received a 40 discharge other than bad conduct or dishonorable, having served as such 41 during the time of war and who has attained the age of fifty years, may 42 retire upon his or her own request upon written application to the board 43 setting forth at what time, not less than thirty days subsequent to the 44 execution and filing thereof, he or she desires to be retired, provided 45 that such member at that time so specified for his or her retirement 46 shall have completed at least twenty-five years of allowable service. 47 Upon reaching his or her previously selected minimum retirement age, 48 such member shall receive an annuity of equivalent actuarial value, at 49 that time, to his or her accumulated deductions, and, in addition, a 50 pension based upon his or her credited years of allowable service, plus 51 the pension-for-increased-take-home-pay, if any. Should such member die 52 before reaching his or her retirement age, then any beneficiary under a 53 selected option shall be eligible for benefits under such option at the 54 date upon which the member would have reached his or her selected 55 retirement age.S. 8006--C 132 A. 9006--C 1 § 73. Subdivision 1-b of section 247 of the military law, as amended 2 by chapter 490 of the laws of 2019, is amended to read as follows: 3 1-b. The adjutant general is hereby authorized to present in the name 4 of the legislature of the state of New York, a certificate, to be known 5 as the "Cold War Certificate", bearing a suitable inscription, to any 6 person: (i) who is a citizen of the state of New York or (ii) who was a 7 citizen of the state of New York while serving in the armed forces of 8 the United States; (iii) who served in the United States Armed Forces 9 during the period of time from September second, nineteen hundred 10 forty-five through December twenty-sixth, nineteen hundred ninety-one, 11 commonly known as the Cold War Era; and (iv) who was honorably 12 discharged or released under honorable circumstances during the Cold War 13 Era, or has a qualifying condition, as defined in section [three hundred14fifty] one of the [executive] veterans' services law, and received a 15 discharge other than bad conduct or dishonorable during the Cold War 16 Era, or is a discharged LGBT veteran, as defined in section [three17hundred fifty] one of the [executive] veterans' services law, and 18 received a discharge other than bad conduct or dishonorable during the 19 Cold War Era. Not more than one Cold War Certificate shall be awarded or 20 presented, under the provisions of this subdivision, to any person whose 21 entire service subsequent to the time of the receipt of such medal shall 22 not have been honorable. In the event of the death of any person during 23 or subsequent to the receipt of such certificate it shall be presented 24 to such representative of the deceased as may be designated. The adju- 25 tant general, in consultation with the [director] commissioner of the 26 [division] department of veterans' services, shall make such rules and 27 regulations as may be deemed necessary for the proper presentation and 28 distribution of the certificate. 29 § 74. Section 249 of the military law, as amended by chapter 490 of 30 the laws of 2019, is amended to read as follows: 31 § 249. State and municipal officers and employees granted leaves of 32 absence on July fourth in certain cases. Each officer and employee of 33 the state or of a municipal corporation or of any other political subdi- 34 vision thereof who was a member of the national guard or naval militia 35 or a member of the reserve corps at a time when the United States was 36 not at war and who (i) has been honorably discharged therefrom, or (ii) 37 has a qualifying condition, as defined in section [three hundred fifty] 38 one of the [executive] veterans' services law, and has received a 39 discharge other than bad conduct or dishonorable from such service, or 40 (iii) is a discharged LGBT veteran, as defined in section [three hundred41fifty] one of the [executive] veterans' services law, and has received a 42 discharge other than bad conduct or dishonorable from such service, 43 shall, in so far as practicable, be entitled to absent himself or 44 herself from [his] duties or service, with pay, on July fourth of each 45 year. Notwithstanding the provisions of any general, special or local 46 law or the provisions of any city charter, no such officer or employee 47 shall be subjected by any person whatever directly or indirectly by 48 reason of such absence to any loss or diminution of vacation or holiday 49 privilege or be prejudiced by reason of such absence with reference to 50 promotion or continuance in office or employment or to reappointment to 51 office or to re-employment. 52 § 75. Subparagraph 2 of paragraph b of subdivision 1 of section 156 of 53 the public housing law, as amended by chapter 490 of the laws of 2019, 54 is amended to read as follows: 55 (2) (i) have been thereafter discharged or released therefrom under 56 conditions other than dishonorable, or (ii) have a qualifying condition,S. 8006--C 133 A. 9006--C 1 as defined in section [three hundred fifty] one of the [executive] 2 veterans' services law, and have received a discharge other than bad 3 conduct or dishonorable from such service, or (iii) are discharged LGBT 4 veterans, as defined in section [three hundred fifty] one of the [execu-5tive] veterans' services law, and have received a discharge other than 6 bad conduct or dishonorable from such service, or (iv) died in such 7 service, not more than five years prior to the time of application for 8 admission to such project, and 9 § 76. The opening paragraph and paragraph (d) of subdivision 1 of 10 section 2632 of the public health law, as amended by chapter 490 of the 11 laws of 2019, are amended to read as follows: 12 Every veteran of the armed forces of the United States, who (i) (A) 13 was separated or discharged under honorable conditions after serving on 14 active duty therein for a period of not less than thirty days, or (B) 15 has a qualifying condition, as defined in section [three hundred fifty] 16 one of the [executive] veterans' services law, and has received a 17 discharge other than bad conduct or dishonorable after serving on active 18 duty therein for a period of not less than thirty days, or (C) is a 19 discharged LGBT veteran, as defined in section [three hundred fifty] one 20 of the [executive] veterans' services law, and has received a discharge 21 other than bad conduct or dishonorable after serving on active duty 22 therein for a period of not less than thirty days, or (ii) (A) was sepa- 23 rated or discharged under honorable conditions after serving on active 24 duty therein for a period of not less than thirty days or (B) has a 25 qualifying condition, as defined in section [three hundred fifty] one of 26 the [executive] veterans' services law, and has received a discharge 27 other than bad conduct or dishonorable after serving on active duty 28 therein for a period of not less than thirty days, or (C) is a 29 discharged LGBT veteran, as defined in section [three hundred fifty] one 30 of the [executive] veterans' services law, and has received a discharge 31 other than bad conduct or dishonorable after serving on active duty 32 therein for a period of not less than thirty days, and who was a recipi- 33 ent of the armed forces expeditionary medal, navy expeditionary medal or 34 marine corps expeditionary medal for participation in operations in 35 Lebanon from June first, nineteen hundred eighty-three to December 36 first, nineteen hundred eighty-seven, in Grenada from October twenty- 37 third, nineteen hundred eighty-three to November twenty-first, nineteen 38 hundred eighty-three, or in Panama from December twentieth, nineteen 39 hundred eighty-nine to January thirty-first, nineteen hundred ninety, or 40 in Bosnia and Herzgegovina from November twenty-first, nineteen hundred 41 ninety-five to November first, two thousand seven, or was a recipient of 42 the Kosovo campaign medal or (iii) (A) was separated or discharged under 43 honorable conditions after serving on active duty therein for a period 44 of not less than thirty days or (B) has a qualifying condition, as 45 defined in section [three hundred fifty] one of the [executive] veter- 46 ans' services law, and has received a discharge other than bad conduct 47 or dishonorable after serving on active duty therein for a period of not 48 less than thirty days, or (C) is a discharged LGBT veteran, as defined 49 in section [three hundred fifty] one of the [executive] veterans' 50 services law, and has received a discharge other than bad conduct or 51 dishonorable after serving on active duty therein for a period of not 52 less than thirty days, and who served during the period of actual 53 hostilities of either 54 (d) world war II between December seventh, nineteen hundred forty-one 55 and December thirty-first, nineteen hundred forty-six, both inclusive, 56 or who was employed by the War Shipping Administration or Office ofS. 8006--C 134 A. 9006--C 1 Defense Transportation or their agents as a merchant seaman documented 2 by the United States Coast Guard or Department of Commerce, or as a 3 civil servant employed by the United States Army Transport Service 4 (later redesignated as the United States Army Transportation Corps, 5 Water Division) or the Naval Transportation Service; and who served 6 satisfactorily as a crew member during the period of armed conflict, 7 December seventh, nineteen hundred forty-one, to August fifteenth, nine- 8 teen hundred forty-five, aboard merchant vessels in oceangoing, i.e., 9 foreign, intercoastal, or coastwise service as such terms are defined 10 under federal law (46 USCA 10301 & 10501) and further to include "near 11 foreign" voyages between the United States and Canada, Mexico, or the 12 West Indies via ocean routes, or public vessels in oceangoing service or 13 foreign waters and who has received a Certificate of Release or 14 Discharge from Active Duty and a discharge certificate, or an Honorable 15 Service Certificate/Report of Casualty, from the Department of Defense, 16 or who served as a United States civilian employed by the American Field 17 Service and served overseas under United States Armies and United States 18 Army Groups in world war II during the period of armed conflict, Decem- 19 ber seventh, nineteen hundred forty-one through May eighth, nineteen 20 hundred forty-five, and who (i) was discharged or released therefrom 21 under honorable conditions, or (ii) has a qualifying condition, as 22 defined in section [three hundred fifty] one of the [executive] veter- 23 ans' services law, and has received a discharge other than bad conduct 24 or dishonorable from such service, or (iii) is a discharged LGBT veter- 25 an, as defined in section [three hundred fifty] one of the [executive] 26 veterans' services law, and has received a discharge other than bad 27 conduct or dishonorable from such service, or who served as a United 28 States civilian Flight Crew and Aviation Ground Support Employee of Pan 29 American World Airways or one of its subsidiaries or its affiliates and 30 served overseas as a result of Pan American's contract with Air Trans- 31 port Command or Naval Air Transport Service during the period of armed 32 conflict, December fourteenth, nineteen hundred forty-one through August 33 fourteenth, nineteen hundred forty-five, and who (iv) was discharged or 34 released therefrom under honorable conditions, or (v) has a qualifying 35 condition, as defined in section [three hundred fifty] one of the [exec-36utive] veterans' services law, and has received a discharge other than 37 bad conduct or dishonorable from such service, or (vi) is a discharged 38 LGBT veteran, as defined in section [three hundred fifty] one of the 39 [executive] veterans' services law, and has received a discharge other 40 than bad conduct or dishonorable from such service; or 41 § 77. Subdivision 5 of section 2805-b of the public health law, as 42 amended by section 21 of part AA of chapter 56 of the laws of 2019, is 43 amended to read as follows: 44 5. The staff of a general hospital shall: (a) inquire whether or not 45 the person admitted has served in the United States armed forces. Such 46 information shall be listed on the admissions form; (b) notify any 47 admittee who is a veteran of the possible availability of services at a 48 hospital operated by the United States veterans health administration, 49 and, upon request by the admittee, such staff shall make arrangements 50 for the individual's transfer to a United States veterans health admin- 51 istration hospital, provided, however, that transfers shall be author- 52 ized only after it has been determined, according to accepted clinical 53 and medical standards, that the patient's condition has stabilized and 54 transfer can be accomplished safely and without complication; and (c) 55 provide any admittee who has served in the United States armed forces 56 with a copy of the "Information for Veterans concerning Health CareS. 8006--C 135 A. 9006--C 1 Options" fact sheet, maintained by the [division] department of veter- 2 ans' services pursuant to subdivision [twenty-three] twenty-nine of 3 section [three hundred fifty-three] four of the [executive] veterans' 4 services law prior to discharging or transferring the patient. The 5 commissioner shall promulgate rules and regulations for notifying such 6 admittees of possible available services and for arranging a requested 7 transfer. 8 § 78. Subdivision 2 of section 2805-o of the public health law, as 9 amended by chapter 75 of the laws of 2022, is amended to read as 10 follows: 11 2. Every nursing home, residential health care facility and every 12 adult care facility licensed and certified by the department pursuant to 13 title two of article seven of the social services law or article forty- 14 six-B of this chapter, including all adult homes, enriched housing 15 programs, residences for adults, assisted living programs, and assisted 16 living residences shall in writing advise all individuals identifying 17 themselves as veterans or spouses of veterans that the [division] 18 department of veterans' services and local veterans' service agencies 19 established pursuant to section [three hundred fifty-seven] fourteen of 20 the [executive] veterans' services law to provide assistance to veterans 21 and their spouses regarding benefits under federal and state law. Such 22 written information shall include the name, address and telephone number 23 of the New York state [division] department of veterans' services, the 24 nearest [division] department of veterans' services office, the nearest 25 county or city veterans' service agency and the nearest accredited 26 veterans' service officer. 27 § 79. Subdivision 3 of section 3422 of the public health law, as 28 amended by chapter 490 of the laws of 2019, is amended to read as 29 follows: 30 3. A candidate who fails to attain a passing grade on his or her 31 licensing examination is entitled to a maximum of three re-examinations; 32 provided, however, that if such candidate fails to attain a passing 33 grade within three years after completion of his or her training, he or 34 she must requalify in accordance with the provisions of the public 35 health law and rules and regulations promulgated thereunder existing and 36 in force as of the date of subsequent application for licensing examina- 37 tion, except that a satisfactorily completed required course of study 38 need not be recompleted. A candidate inducted into the armed forces of 39 the United States during or after completion of training may (a) after 40 honorable discharge or (b) after a discharge other than bad conduct or 41 dishonorable where the candidate (i) has a qualifying condition, as 42 defined in section [three hundred fifty] one of the [executive] veter- 43 ans' services law, or (ii) is a discharged LGBT veteran, as defined in 44 section [three hundred fifty] one of the [executive] veterans' services 45 law, and upon proper application as required by the department be eligi- 46 ble for an exemption with respect to time served in such service. 47 § 80. Section 63 of the public officers law, as amended by chapter 606 48 of the laws of 2021, is amended to read as follows: 49 § 63. Leave of absence for veterans on Memorial day and Veterans' day. 50 It shall be the duty of the head of every public department and of every 51 court of the state of New York, of every superintendent or foreman on 52 the public works of said state, of the county officers of the several 53 counties of said state, of the town officers of the various towns in 54 this state, of the fire district officers of the various fire districts 55 in this state, and of the head of every department, bureau and office in 56 the government of the various cities and villages in this state, and theS. 8006--C 136 A. 9006--C 1 officers of any public benefit corporation or any public authority of 2 this state, or of any public benefit corporation or public authority of 3 any county or subdivision of this state, to give leave of absence with 4 pay for twenty-four hours on the day prescribed by law as a public holi- 5 day for the observance of Memorial day and on the eleventh day of Novem- 6 ber, known as Veterans' day, to every person in the service of the 7 state, the county, the town, the fire district, the city or village, the 8 public benefit corporation or public authority of this state, or any 9 public benefit corporation or public authority of any county or subdivi- 10 sion of this state, as the case may be, (i) who served on active duty in 11 the armed forces of the United States during world war I or world war 12 II, or who was employed by the War Shipping Administration or Office of 13 Defense Transportation or their agents as a merchant seaman documented 14 by the United States Coast Guard or Department of Commerce, or as a 15 civil servant employed by the United States Army Transport Service 16 (later redesignated as the United States Army Transportation Corps, 17 Water Division) or the Naval Transportation Service; and who served 18 satisfactorily as a crew member during the period of armed conflict, 19 December seventh, nineteen hundred forty-one, to August fifteenth, nine- 20 teen hundred forty-five, aboard merchant vessels in oceangoing, i.e., 21 foreign, intercoastal, or coastwise service as such terms are defined 22 under federal law (46 USCA 10301 & 10501) and further to include "near 23 foreign" voyages between the United States and Canada, Mexico, or the 24 West Indies via ocean routes, or public vessels in oceangoing service or 25 foreign waters and who has received a Certificate of Release or 26 Discharge from Active Duty and a discharge certificate, or an Honorable 27 Service Certificate/Report of Casualty, from the Department of Defense, 28 or who served as a United States civilian employed by the American Field 29 Service and served overseas under United States Armies and United States 30 Army Groups in world war II during the period of armed conflict, Decem- 31 ber seventh, nineteen hundred forty-one through May eighth, nineteen 32 hundred forty-five, and who (a) was discharged or released therefrom 33 under honorable conditions, or (b) has a qualifying condition, as 34 defined in section [three hundred fifty] one of the [executive] veter- 35 ans' services law, and has received a discharge other than bad conduct 36 or dishonorable from such service, or (c) is a discharged LGBT veteran, 37 as defined in section [three hundred fifty] one of the [executive] 38 veterans' services law, and has received a discharge other than bad 39 conduct or dishonorable from such service or who served as a United 40 States civilian Flight Crew and Aviation Ground Support Employee of Pan 41 American World Airways or one of its subsidiaries or its affiliates and 42 served overseas as a result of Pan American's contract with Air Trans- 43 port Command or Naval Air Transport Service during the period of armed 44 conflict, December fourteenth, nineteen hundred forty-one through August 45 fourteenth, nineteen hundred forty-five, and who (d) was discharged or 46 released therefrom under honorable conditions, or (e) has a qualifying 47 condition, as defined in section [three hundred fifty] one of the [exec-48utive] veterans' services law, and has received a discharge other than 49 bad conduct or dishonorable from such service, or (f) is a discharged 50 LGBT veteran, as defined in section [three hundred fifty] one of the 51 [executive] veterans' services law, and has received a discharge other 52 than bad conduct or dishonorable from such service or during the period 53 of the Korean conflict at any time between the dates of June twenty-sev- 54 enth, nineteen hundred fifty and January thirty-first, nineteen hundred 55 fifty-five, or during the period of the Vietnam conflict from the [twen-56ty-eighth day of February, nineteen hundred sixty-one] first day ofS. 8006--C 137 A. 9006--C 1 November, nineteen hundred fifty-five to the seventh day of May, nine- 2 teen hundred seventy-five, or (ii) who served on active duty in the 3 armed forces of the United States and who was a recipient of the armed 4 forces expeditionary medal, navy expeditionary medal or marine corps 5 expeditionary medal for participation in operations in Lebanon from June 6 first, nineteen hundred eighty-three to December first, nineteen hundred 7 eighty-seven, in Grenada from October twenty-third, nineteen hundred 8 eighty-three to November twenty-first, nineteen hundred eighty-three, or 9 in Panama from December twentieth, nineteen hundred eighty-nine to Janu- 10 ary thirty-first, nineteen hundred ninety, or (iii) who served in the 11 armed forces of a foreign country allied with the United States during 12 world war I or world war II, or during the period of the Korean conflict 13 at any time between June twenty-seventh, nineteen hundred fifty and 14 January thirty-first, nineteen hundred fifty-five, or during the period 15 of the Vietnam conflict from the first day of November, nineteen hundred 16 fifty-five to the seventh day of May, nineteen hundred seventy-five, or 17 during the period of the Persian Gulf conflict from the second day of 18 August, nineteen hundred ninety to the end of such conflict, or who 19 served on active duty in the army or navy or marine corps or air force 20 or coast guard of the United States, and who (a) was honorably 21 discharged or separated from such service under honorable conditions, or 22 (b) has a qualifying condition, as defined in section [three hundred23fifty] one of the [executive] veterans' services law, and has received a 24 discharge other than bad conduct or dishonorable from such service, or 25 (c) is a discharged LGBT veteran, as defined in section [three hundred26fifty] one of the [executive] veterans' services law, and has received a 27 discharge other than bad conduct or dishonorable from such service 28 except where such action would endanger the public safety or the safety 29 or health of persons cared for by the state, in which event such persons 30 shall be entitled to leave of absence with pay on another day in lieu 31 thereof. All such persons who are compensated on a per diem, hourly, 32 semi-monthly or monthly basis, with or without maintenance, shall also 33 be entitled to leave of absence with pay under the provisions of this 34 section and no deduction in vacation allowance or budgetary allowable 35 number of working days shall be made in lieu thereof. A refusal to give 36 such leave of absence to one entitled thereto shall be neglect of duty. 37 § 81. Subdivision 3 of section 1271 of the private housing finance 38 law, as amended by chapter 490 of the laws of 2019, is amended to read 39 as follows: 40 3. "Veteran" shall mean [a resident of this state who (a) has served41in the United States army, navy, marine corps, air force or coast guard42or (b) has served on active duty or ordered to active duty as defined in4310 USC 101 (d)(1) as a member of the national guard or other reserve44component of the armed forces of the United States or (c) has served on45active duty or ordered to active duty for the state, as a member of the46state organized militia as defined in subdivision nine of section one of47the military law, and has been released from such service documented by48an honorable or general discharge, or has a qualifying condition, as49defined in section three hundred fifty of the executive law, and has50received a discharge other than bad conduct or dishonorable from such51service] a veteran as defined in section one of the veterans' services 52 law, or is a discharged LGBT veteran, as defined in section [three53hundred fifty] one of the [executive] veterans' services law, who is a 54 resident of the state and has received a discharge other than bad 55 conduct or dishonorable from such service.S. 8006--C 138 A. 9006--C 1 § 82. Subdivisions 2 and 4-a of section 458 of the real property tax 2 law, as amended by chapter 490 of the laws of 2019, are amended to read 3 as follows: 4 2. Real property purchased with moneys collected by popular 5 subscription in partial recognition of extraordinary services rendered 6 by any veteran of world war one, world war two, or of the hostilities 7 which commenced June twenty-seventh, nineteen hundred fifty, who (a) was 8 honorably discharged from such service, or (b) has a qualifying condi- 9 tion, as defined in section [three hundred fifty] one of the [executive] 10 veterans' services law, and has received a discharge other than bad 11 conduct or dishonorable from such service, or (c) is a discharged LGBT 12 veteran, as defined in section [three hundred fifty] one of the [execu-13tive] veterans' services law, and has received a discharge other than 14 bad conduct or dishonorable from such service, and who sustained perma- 15 nent disability while on military duty, either total or partial, and 16 owned by the person who sustained such injuries, or by his or her spouse 17 or unremarried surviving spouse, or dependent father or mother, is 18 subject to taxation as herein provided. Such property shall be assessed 19 in the same manner as other real property in the tax district. At the 20 meeting of the assessors to hear complaints concerning the assessments, 21 a verified application for the exemption of such real property from 22 taxation may be presented to them by or on behalf of the owner thereof, 23 which application must show the facts on which the exemption is claimed, 24 including the amount of moneys so raised and used in or toward the 25 purchase of such property. No exemption on account of any such gift 26 shall be allowed in excess of five thousand dollars. The application for 27 exemption shall be presented and action thereon taken in the manner 28 provided by subdivision one of this section. If no application for 29 exemption be granted, the property shall be subject to taxation for all 30 purposes. The provisions herein, relating to the assessment and 31 exemption of property purchased with moneys raised by popular 32 subscription, apply and shall be enforced in each municipal corporation 33 authorized to levy taxes. 34 4-a. For the purposes of this section, the term "military or naval 35 services" shall be deemed to also include service: (a) by a person who 36 was employed by the War Shipping Administration or Office of Defense 37 Transportation or their agents as a merchant seaman documented by the 38 United States Coast Guard or Department of Commerce, or as a civil serv- 39 ant employed by the United States Army Transport Service (later redesig- 40 nated as the United States Army Transportation Corps, Water Division) or 41 the Naval Transportation Service; and who served satisfactorily as a 42 crew member during the period of armed conflict, December seventh, nine- 43 teen hundred forty-one, to August fifteenth, nineteen hundred forty- 44 five, aboard merchant vessels in oceangoing, i.e., foreign, inter- 45 coastal, or coastwise service as such terms are defined under federal 46 law (46 USCA 10301 & 10501) and further to include "near foreign" 47 voyages between the United States and Canada, Mexico, or the West Indies 48 via ocean routes, or public vessels in oceangoing service or foreign 49 waters and who has received a Certificate of Release or Discharge from 50 Active Duty and a discharge certificate, or an Honorable Service 51 Certificate/Report of Casualty, from the department of defense; (b) 52 service by a United States civilian employed by the American Field 53 Service who served overseas under United States Armies and United States 54 Army Groups in world war II during the period of armed conflict, Decem- 55 ber seventh, nineteen hundred forty-one through May eighth, nineteen 56 hundred forty-five, and who (i) was discharged or released therefromS. 8006--C 139 A. 9006--C 1 under honorable conditions, or (ii) has a qualifying condition, as 2 defined in section [three hundred fifty] one of the [executive] veter- 3 ans' services law, and has received a discharge other than bad conduct 4 or dishonorable from such service, or (iii) is a discharged LGBT veter- 5 an, as defined in section [three hundred fifty] one of the [executive] 6 veterans' services law, and has received a discharge other than bad 7 conduct or dishonorable from such service; or (c) service by a United 8 States civilian Flight Crew and Aviation Ground Support Employee of Pan 9 American World Airways or one of its subsidiaries or its affiliates who 10 served overseas as a result of Pan American's contract with Air Trans- 11 port Command or Naval Air Transport Service during the period of armed 12 conflict, December fourteenth, nineteen hundred forty-one through August 13 fourteenth, nineteen hundred forty-five, and who (i) was discharged or 14 released therefrom under honorable conditions, or (ii) has a qualifying 15 condition, as defined in section [three hundred fifty] one of the [exec-16utive] veterans' services law, and has received a discharge other than 17 bad conduct or dishonorable from such service, or (iii) is a discharged 18 LGBT veteran, as defined in section [three hundred fifty] one of the 19 [executive] veterans' services law, and has received a discharge other 20 than bad conduct or dishonorable from such service. 21 § 83. Paragraph (e) of subdivision 1 and subdivisions 9 and 10 of 22 section 458-a of the real property tax law, paragraph (e) of subdivision 23 1 and subdivision 10 as amended by chapter 490 of the laws of 2019, 24 subdivision 9 as amended by section 36 of part AA of chapter 56 of the 25 laws of 2019, are amended to read as follows: 26 (e) "Veteran" means a person (i) who served in the active military, 27 naval, or air service during a period of war, or who was a recipient of 28 the armed forces expeditionary medal, navy expeditionary medal, marine 29 corps expeditionary medal, or global war on terrorism expeditionary 30 medal, and who (1) was discharged or released therefrom under honorable 31 conditions, or (2) has a qualifying condition, as defined in section 32 [three hundred fifty] one of the [executive] veterans' services law, and 33 has received a discharge other than bad conduct or dishonorable from 34 such service, or (3) is a discharged LGBT veteran, as defined in section 35 [three hundred fifty] one of the [executive] veterans' services law, and 36 has received a discharge other than bad conduct or dishonorable from 37 such service, (ii) who was employed by the War Shipping Administration 38 or Office of Defense Transportation or their agents as a merchant seaman 39 documented by the United States Coast Guard or Department of Commerce, 40 or as a civil servant employed by the United States Army Transport 41 Service (later redesignated as the United States Army Transportation 42 Corps, Water Division) or the Naval Transportation Service; and who 43 served satisfactorily as a crew member during the period of armed 44 conflict, December seventh, nineteen hundred forty-one, to August 45 fifteenth, nineteen hundred forty-five, aboard merchant vessels in 46 oceangoing, i.e., foreign, intercoastal, or coastwise service as such 47 terms are defined under federal law (46 USCA 10301 & 10501) and further 48 to include "near foreign" voyages between the United States and Canada, 49 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 50 going service or foreign waters and who has received a Certificate of 51 Release or Discharge from Active Duty and a discharge certificate, or an 52 Honorable Service Certificate/Report of Casualty, from the department of 53 defense, (iii) who served as a United States civilian employed by the 54 American Field Service and served overseas under United States Armies 55 and United States Army Groups in world war II during the period of armed 56 conflict, December seventh, nineteen hundred forty-one through MayS. 8006--C 140 A. 9006--C 1 eighth, nineteen hundred forty-five, and who (1) was discharged or 2 released therefrom under honorable conditions, or (2) has a qualifying 3 condition, as defined in section [three hundred fifty] one of the [exec-4utive] veterans' services law, and has received a discharge other than 5 bad conduct or dishonorable from such service, or (3) is a discharged 6 LGBT veteran, as defined in section [three hundred fifty] one of the 7 [executive] veterans' services law, and has received a discharge other 8 than bad conduct or dishonorable from such service, (iv) who served as a 9 United States civilian Flight Crew and Aviation Ground Support Employee 10 of Pan American World Airways or one of its subsidiaries or its affil- 11 iates and served overseas as a result of Pan American's contract with 12 Air Transport Command or Naval Air Transport Service during the period 13 of armed conflict, December fourteenth, nineteen hundred forty-one 14 through August fourteenth, nineteen hundred forty-five, and who (1) was 15 discharged or released therefrom under honorable conditions, or (2) has 16 a qualifying condition, as defined in section [three hundred fifty] one 17 of the [executive] veterans' services law, and has received a discharge 18 other than bad conduct or dishonorable from such service, or (3) is a 19 discharged LGBT veteran, as defined in section [three hundred fifty] one 20 of the [executive] veterans' services law, and has received a discharge 21 other than bad conduct or dishonorable from such service, or (v) 22 notwithstanding any other provision of law to the contrary, who are 23 members of the reserve components of the armed forces of the United 24 States who (1) received an honorable discharge or release therefrom 25 under honorable conditions, or (2) has a qualifying condition, as 26 defined in section [three hundred fifty] one of the [executive] veter- 27 ans' services law, and has received a discharge other than bad conduct 28 or dishonorable from such service, or (3) is a discharged LGBT veteran, 29 as defined in section [three hundred fifty] one of the [executive] 30 veterans' services law, and has received a discharge other than bad 31 conduct or dishonorable from such service, but are still members of the 32 reserve components of the armed forces of the United States provided 33 that such members meet all other qualifications under the provisions of 34 this section. 35 9. The commissioner shall develop in consultation with the [director] 36 commissioner of the New York state [division] department of veterans' 37 services a listing of documents to be used to establish eligibility 38 under this section, including but not limited to a certificate of 39 release or discharge from active duty also known as a DD-214 form or an 40 Honorable Service Certificate/Report of [Causality] Casualty from the 41 department of defense. Such information shall be made available to each 42 county, city, town or village assessor's office, or congressional char- 43 tered veterans service officers who request such information. The list- 44 ing of acceptable military records shall be made available on the inter- 45 net websites of the [division] department of veterans' services and the 46 office of real property tax services. 47 10. A county, city, town, village or school district may adopt a local 48 law or resolution to include those military personnel who served in the 49 Reserve component of the United States Armed Forces that were deemed on 50 active duty under Executive Order 11519 signed March twenty-third, nine- 51 teen hundred seventy, 35 Federal Register 5003, dated March twenty- 52 fourth, nineteen hundred seventy and later designated by the United 53 States Department of Defense as Operation Graphic Hand, if such member 54 (1) was discharged or released therefrom under honorable conditions, or 55 (2) has a qualifying condition, as defined in section [three hundred56fifty] one of the [executive] veterans' services law, and has received aS. 8006--C 141 A. 9006--C 1 discharge other than bad conduct or dishonorable from such service, or 2 (3) is a discharged LGBT veteran, as defined in section [three hundred3fifty] one of the [executive] veterans' services law, and has received a 4 discharge other than bad conduct or dishonorable from such service, 5 provided that such veteran meets all other qualifications of this 6 section. 7 § 84. Paragraph (a) of subdivision 1 and subdivision 8 of section 8 458-b of the real property tax law, paragraph (a) of subdivision 1 as 9 amended by chapter 490 of the laws of 2019, subdivision 8 as amended by 10 section 37 of part AA of chapter 56 of the laws of 2019, are amended to 11 read as follows: 12 (a) "Cold War veteran" means a person, male or female, who served on 13 active duty in the United States armed forces, during the time period 14 from September second, nineteen hundred forty-five to December twenty- 15 sixth, nineteen hundred ninety-one, and (i) was discharged or released 16 therefrom under honorable conditions, or (ii) has a qualifying condi- 17 tion, as defined in section [three hundred fifty] one of the [executive] 18 veterans' services law, and has received a discharge other than bad 19 conduct or dishonorable from such service, or (iii) is a discharged LGBT 20 veteran, as defined in section [three hundred fifty] one of the [execu-21tive] veterans' services law, and has received a discharge other than 22 bad conduct or dishonorable from such service. 23 8. The commissioner shall develop in consultation with the [director] 24 commissioner of the New York state [division] department of veterans' 25 services a listing of documents to be used to establish eligibility 26 under this section, including but not limited to a certificate of 27 release or discharge from active duty also known as a DD-214 form or an 28 Honorable Service Certificate/Report of [Causality] Casualty from the 29 department of defense. Such information shall be made available to each 30 county, city, town or village assessor's office, or congressional char- 31 tered veterans service officers who request such information. The list- 32 ing of acceptable military records shall be made available on the inter- 33 net websites of the [division] department of veterans' services and the 34 office of real property tax services. 35 § 85. Subparagraph (v) of paragraph (a) of subdivision 1 of section 36 122 of the social services law, as amended by chapter 490 of the laws of 37 2019, is amended to read as follows: 38 (v) any alien lawfully residing in the state who is on active duty in 39 the armed forces (other than active duty for training) or who (1) has 40 received an honorable discharge (and not on account of alienage) from 41 the armed forces, or (2) has a qualifying condition, as defined in 42 section [three hundred fifty] one of the [executive] veterans' services 43 law, and has received a discharge other than bad conduct or dishonorable 44 (and not on account of alienage) from the armed forces, or (3) is a 45 discharged LGBT veteran, as defined in section [three hundred fifty] one 46 of the [executive] veterans' services law, and has received a discharge 47 other than bad conduct or dishonorable (and not on account of alienage) 48 from the armed forces, or the spouse, unremarried surviving spouse or 49 unmarried dependent child of any such alien, if such alien, spouse or 50 dependent child is a qualified alien as defined in section 431 of the 51 federal personal responsibility and work opportunity reconciliation act 52 of 1996 (8 U.S. Code 1641), as amended; 53 § 86. Subdivision 1 and paragraph 5 of subdivision 2 of section 168 of 54 the social services law, as amended by chapter 490 of the laws of 2019, 55 are amended to read as follows:S. 8006--C 142 A. 9006--C 1 1. Veteran means a person, male or female, who has served in the armed 2 forces of the United States in time of war, or who was a recipient of 3 the armed forces expeditionary medal, navy expeditionary medal or marine 4 corps expeditionary medal for participation in operations in Lebanon 5 from June first, nineteen hundred eighty-three to December first, nine- 6 teen hundred eighty-seven, in Grenada from October twenty-third, nine- 7 teen hundred eighty-three to November twenty-first, nineteen hundred 8 eighty-three, or in Panama from December twentieth, nineteen hundred 9 eighty-nine to January thirty-first, nineteen hundred ninety, and who 10 (1) has been honorably discharged or released under honorable circum- 11 stances from such service or furloughed to the reserve, or (2) has a 12 qualifying condition, as defined in section [three hundred fifty] one of 13 the [executive] veterans' services law, and has received a discharge 14 other than bad conduct or dishonorable from such service, or (3) is a 15 discharged LGBT veteran, as defined in section [three hundred fifty] one 16 of the [executive] veterans' services law, and has received a discharge 17 other than bad conduct or dishonorable from such service. 18 (5) World war II; from the seventh day of December, nineteen hundred 19 forty-one to and including the thirty-first day of December, nineteen 20 hundred forty-six, or who was employed by the War Shipping Adminis- 21 tration or Office of Defense Transportation or their agents as a 22 merchant seaman documented by the United States Coast Guard or Depart- 23 ment of Commerce, or as a civil servant employed by the United States 24 Army Transport Service (later redesignated as the United States Army 25 Transportation Corps, Water Division) or the Naval Transportation 26 Service; and who served satisfactorily as a crew member during the peri- 27 od of armed conflict, December seventh, nineteen hundred forty-one, to 28 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 29 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 30 terms are defined under federal law (46 USCA 10301 & 10501) and further 31 to include "near foreign" voyages between the United States and Canada, 32 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 33 going service or foreign waters and who has received a Certificate of 34 Release or Discharge from Active Duty and a discharge certificate, or an 35 Honorable Service Certificate/Report of Casualty, from the Department of 36 Defense or who served as a United States civilian employed by the Ameri- 37 can Field Service and served overseas under United States Armies and 38 United States Army Groups in world war II during the period of armed 39 conflict, December seventh, nineteen hundred forty-one through May 40 eighth, nineteen hundred forty-five, and who (i) was discharged or 41 released therefrom under honorable conditions, or (ii) has a qualifying 42 condition, as defined in section [three hundred fifty] one of the [exec-43utive] veterans' services law, and has received a discharge other than 44 bad conduct or dishonorable from such service, or (iii) is a discharged 45 LGBT veteran, as defined in section [three hundred fifty] one of the 46 [executive] veterans' services law, and has received a discharge other 47 than bad conduct or dishonorable from such service, or who served as a 48 United States civilian Flight Crew and Aviation Ground Support Employee 49 of Pan American World Airways or one of its subsidiaries or its affil- 50 iates and served overseas as a result of Pan American's contract with 51 Air Transport Command or Naval Air Transport Service during the period 52 of armed conflict, December fourteenth, nineteen hundred forty-one 53 through August fourteenth, nineteen hundred forty-five, and who (iv) was 54 discharged or released therefrom under honorable conditions, or (v) has 55 a qualifying condition, as defined in section [three hundred fifty] one 56 of the [executive] veterans' services law, and has received a dischargeS. 8006--C 143 A. 9006--C 1 other than bad conduct or dishonorable from such service, or (vi) is a 2 discharged LGBT veteran, as defined in section [three hundred fifty] one 3 of the [executive] veterans' services law, and has received a discharge 4 other than bad conduct or dishonorable from such service. 5 § 87. Subparagraph 1 of paragraph (b) of subdivision 29 of section 6 210-B of the tax law, as amended by chapter 490 of the laws of 2019, is 7 amended to read as follows: 8 (1) who served on active duty in the United States army, navy, air 9 force, marine corps, coast guard or the reserves thereof, or who served 10 in active military service of the United States as a member of the army 11 national guard, air national guard, New York guard or New York naval 12 militia; who (i) was released from [active duty by general or honorable13discharge] such service after September eleventh, two thousand one, or 14 (ii) has a qualifying condition, as defined in section [three hundred15fifty] one of the [executive] veterans' services law, and has received a 16 discharge other than bad conduct or dishonorable from such service after 17 September eleventh, two thousand one, or (iii) is a discharged LGBT 18 veteran, as defined in section [three hundred fifty] one of the [execu-19tive] veterans' services law, and has received a discharge other than 20 bad conduct or dishonorable from such service after September eleventh, 21 two thousand one; 22 § 88. Subparagraph (A) of paragraph 2 of subsection (a-2) of section 23 606 of the tax law, as amended by chapter 490 of the laws of 2019, is 24 amended to read as follows: 25 (A) who served on active duty in the United States army, navy, air 26 force, marine corps, coast guard or the reserves thereof, or who served 27 in active military service of the United States as a member of the army 28 national guard, air national guard, New York guard or New York naval 29 militia; who (i) was released from active duty by general or honorable 30 discharge after September eleventh, two thousand one, or (ii) has a 31 qualifying condition, as defined in section [three hundred fifty] one of 32 the [executive] veterans' services law, and has received a discharge 33 other than bad conduct or dishonorable from such service after September 34 eleventh, two thousand one, or (iii) is a discharged LGBT veteran, as 35 defined in section [three hundred fifty] one of the [executive] veter- 36 ans' services law, and has received a discharge other than bad conduct 37 or dishonorable from such service after September eleventh, two thousand 38 one; 39 § 89. Paragraph 18-a of subdivision (a) of section 1115 of the tax 40 law, as added by chapter 478 of the laws of 2016, is amended to read as 41 follows: 42 (18-a) Tangible personal property manufactured and sold by a veteran, 43 as defined in section [three hundred sixty-four] twenty-two of the 44 [executive] veterans' services law, for the benefit of a veteran's 45 service organization, provided that such person or any member of his or 46 her household does not conduct a trade or business in which similar 47 items are sold, the first two thousand five hundred dollars of receipts 48 from such sales in a calendar year. 49 § 90. Subparagraph (A) of paragraph 2 of subdivision (g-1) of section 50 1511 of the tax law, as amended by chapter 490 of the laws of 2019, is 51 amended to read as follows: 52 (A) who served on active duty in the United States army, navy, air 53 force, marine corps, coast guard or the reserves thereof, or who served 54 in active military service of the United States as a member of the army 55 national guard, air national guard, New York guard or New York naval 56 militia; who (i) was released from active duty by general or honorableS. 8006--C 144 A. 9006--C 1 discharge after September eleventh, two thousand one, or (ii) has a 2 qualifying condition, as defined in section [three hundred fifty] one of 3 the [executive] veterans' services law, and has received a discharge 4 other than bad conduct or dishonorable from such service after September 5 eleventh, two thousand one, or (iii) is a discharged LGBT veteran, as 6 defined in section [three hundred fifty] one of the [executive] veter- 7 ans' services law, and has received a discharge other than bad conduct 8 or dishonorable from such service after September eleventh, two thousand 9 one; 10 § 91. Section 295 of the town law, as amended by chapter 490 of the 11 laws of 2019, is amended to read as follows: 12 § 295. Removal of remains of deceased members of armed forces. Upon a 13 verified petition presented to a judge of a court of record by any armed 14 forces' organization in any town or city in this state by a majority of 15 its officers, or a majority of any memorial committee in any town or 16 city where there are two or more veteran armed forces' organizations, or 17 in towns or cities where there are no veteran armed forces' organiza- 18 tions, upon the petition of five or more veterans of the armed forces, 19 the judge to whom said verified petition is presented shall make an 20 order to show cause, returnable before him or her at a time and place 21 within the county in not less than fourteen or more than twenty days 22 from the date of presentation of said petition, why the remains of any 23 deceased members of the armed forces buried in potter's field, or in any 24 neglected or abandoned cemeteries, should not be removed to and rein- 25 terred in a properly kept incorporated cemetery in the same town or city 26 or in a town adjoining the town or city in which the remains of a 27 deceased member of the armed forces are buried, and to fix the amount of 28 the expenses for such removal and reinterment, and the order to show 29 cause shall provide for its publication in a newspaper, to be designated 30 in the order, which is published nearest to the cemetery from which the 31 removal is sought to be made, once in each week for two successive 32 weeks. The verified petition presented to the judge shall show that the 33 petitioners are a majority of the officers of a veteran armed forces 34 organization, or a majority of a memorial committee in towns or cities 35 where two or more veteran armed forces organizations exist, or that the 36 petitioners are honorably discharged veterans of the armed forces in 37 towns or cities where no veteran armed forces organization exists, or 38 that the petitioners have a qualifying condition, as defined in section 39 [three hundred fifty] one of the [executive] veterans' services law, and 40 received a discharge other than bad conduct or dishonorable from such 41 service and are in towns or cities where no veteran armed forces organ- 42 izations exist, or that the petitioners are discharged LGBT veterans, as 43 defined in section [three hundred fifty] one of the [executive] veter- 44 ans' services law, and received a discharge other than bad conduct or 45 dishonorable from such service and are in towns and cities where no 46 veteran armed forces organizations exist, and (1) the name of the 47 deceased member or members of the armed forces, whose remains are sought 48 to be removed, and if known the unit in which he, she or they served; 49 (2) the name and location of the cemetery in which he or she is interred 50 and from which removal is asked to be made; (3) the name and location of 51 the incorporated cemetery to which the remains are desired to be removed 52 and reinterred; (4) the facts showing the reasons for such removal. Upon 53 the return day of the order to show cause and at the time and place 54 fixed in said order, upon filing proof of publication of the order to 55 show cause with the judge, if no objection is made thereto, he or she 56 shall make an order directing the removal of the remains of saidS. 8006--C 145 A. 9006--C 1 deceased member or members of the armed forces to the cemetery desig- 2 nated in the petition within the town or city or within a town adjoining 3 the town or city in which the remains are then buried and shall specify 4 in the order the amount of the expenses of such removal, which expenses 5 of removal and reinterment, including the expense of the proceeding 6 under this section, shall be a charge upon the county in which the town 7 or city is situated from which the removal is made and such expenses 8 shall be a county charge and audited by the board of supervisors of the 9 county and paid in the same manner as other county charges. On and after 10 the removal and reinterment of the remains of the deceased member or 11 members of the armed forces in the armed forces' plot, the expenses for 12 annual care of the grave in the armed forces' burial plot to which the 13 removal is made shall be annually provided by the town or city in which 14 the remains were originally buried, at the rate of not to exceed twenty 15 dollars per grave, and shall be paid annually to the incorporated ceme- 16 tery association to which the remains of each deceased member of the 17 armed forces may be removed and reinterred. The petition and order shall 18 be filed in the county clerk's office of the county in which the remains 19 of the deceased member of the armed forces were originally interred, and 20 the service of a certified copy of the final order upon the cemetery 21 association shall be made prior to any removal. Any relative of the 22 deceased member or members of the armed forces, or the officer of any 23 cemetery association in which the remains of the deceased member or 24 members of the armed forces were originally interred, or the authorities 25 of the county in which the member or members of the armed forces were 26 originally buried, may oppose the granting of said order and the judge 27 shall summarily hear the statement of the parties and make such order as 28 the justice and equity of the application shall require. Any headstone 29 or monument which marks the grave of the deceased member of the armed 30 forces shall be removed and reset at the grave in the cemetery in which 31 the removal is permitted to be made and in each case the final order 32 shall provide the amount of the expenses of such removals and reinter- 33 ment and resetting of the headstone or monument, including the expenses 34 of the proceedings under this section; except that where provision is 35 otherwise made for the purchase or erection of a new headstone, monument 36 or marker at the grave in the cemetery to which such removal is permit- 37 ted, such old headstone or monument need not be so removed and reset, in 38 which case such final order shall not provide for the expense of reset- 39 ting. The order shall designate the person or persons having charge of 40 the removals and reinterments. Upon completion of the removal, reinter- 41 ment and resetting of the headstones or monuments, the person or persons 42 having charge of the same shall make a verified report of the removal, 43 reinterment and resetting of the headstone or monument and file the 44 report in the clerk's office of the proper county. The words "member of 45 the armed forces" shall be construed to mean a member of the armed forc- 46 es who served in the armed forces of the United States and who (5) was 47 honorably discharged from such service, or (6) has a qualifying condi- 48 tion, as defined in section [three hundred fifty] one of the [executive] 49 veterans' services law, and has received a discharge other than bad 50 conduct or dishonorable from such service, or (7) is a discharged LGBT 51 veteran, as defined in section [three hundred fifty] one of the [execu-52tive] veterans' services law, and has received a discharge other than 53 bad conduct or dishonorable from such service, and the words "armed 54 forces plot" shall be construed to mean a plot of land in any incorpo- 55 rated cemetery set apart to be exclusively used as a place for interringS. 8006--C 146 A. 9006--C 1 the remains of deceased veterans of the armed forces of the United 2 States. 3 § 92. Subdivision 2 of section 404-v of the vehicle and traffic law, 4 as amended by chapter 490 of the laws of 2019, is amended to read as 5 follows: 6 2. The distinctive plate authorized pursuant to this section shall be 7 issued upon proof, satisfactory to the commissioner, that the applicant 8 is a veteran who served in the United States Naval Armed Guard and who 9 (1) was honorably discharged from such service, or (2) has a qualifying 10 condition, as defined in section [three hundred fifty] one of the [exec-11utive] veterans' services law, and has received a discharge other than 12 bad conduct or dishonorable from such service, or (3) is a discharged 13 LGBT veteran, as defined in section [three hundred fifty] one of the 14 [executive] veterans' services law, and has received a discharge other 15 than bad conduct or dishonorable from such service. 16 § 93. Subdivision 3 of section 404-v of the vehicle and traffic law, 17 as amended by section 19 of part AA of chapter 56 of the laws of 2019, 18 is amended to read as follows: 19 3. A distinctive plate issued pursuant to this section shall be issued 20 in the same manner as other number plates upon the payment of the regu- 21 lar registration fee prescribed by section four hundred one of this 22 article, provided, however, that an additional annual service charge of 23 fifteen dollars shall be charged for such plate. Such annual service 24 charge shall be deposited to the credit of the Eighth Air Force Histor- 25 ical Society fund established pursuant to section ninety-five-f of the 26 state finance law and shall be used for veterans' counseling services 27 provided by local veterans' service agencies pursuant to section [three28hundred fifty-seven] fourteen of the [executive] veterans' services law 29 under the direction of the [division] department of veterans' services. 30 Provided, however, that one year after the effective date of this 31 section funds in the amount of five thousand dollars, or so much thereof 32 as may be available, shall be allocated to the department to offset 33 costs associated with the production of such license plates. 34 § 94. Paragraphs (a) and (b) of subdivision 1 of section 404-w of the 35 vehicle and traffic law, as amended by chapter 490 of the laws of 2019, 36 are amended to read as follows: 37 (a) a person who served in the armed forces of the United States in 38 the hostilities that occurred in the Persian Gulf from the eleventh day 39 of September, two thousand one, to the end of such hostilities, who (i) 40 was discharged therefrom under other than dishonorable conditions, or 41 (ii) has a qualifying condition, as defined in section [three hundred42fifty] one of the [executive] veterans' services law, and has received a 43 discharge other than bad conduct or dishonorable from such service, or 44 (iii) is a discharged LGBT veteran, as defined in section [three hundred45fifty] one of the [executive] veterans' services law, and has received a 46 discharge other than bad conduct or dishonorable from such service; or 47 (b) a person who served in the armed forces of the United States, in 48 the hostilities that occurred in Afghanistan from the eleventh day of 49 September, two thousand one, to the end of such hostilities, who (i) was 50 discharged therefrom under other than dishonorable conditions, or (ii) 51 has a qualifying condition, as defined in section [three hundred fifty] 52 one of the [executive] veterans' services law, and has received a 53 discharge other than bad conduct or dishonorable from such service, or 54 (iii) is a discharged LGBT veteran, as defined in section [three hundred55fifty] one of the [executive] veterans' services law, and has received a 56 discharge other than bad conduct or dishonorable from such service.S. 8006--C 147 A. 9006--C 1 § 95. Subdivision 3 of section 404-w of the vehicle and traffic law, 2 as amended by chapter 490 of the laws of 2019, is amended to read as 3 follows: 4 3. For the purposes of this section, "Persian Gulf veteran" shall mean 5 a person who is a resident of this state, who served in the armed forces 6 of the United States in the hostilities that occurred in the Persian 7 Gulf from the second day of August, nineteen hundred ninety to the end 8 of such hostilities, and was (a) honorably discharged from the military, 9 or (b) has a qualifying condition, as defined in section [three hundred10fifty] one of the [executive] veterans' services law, and has received a 11 discharge other than bad conduct or dishonorable from such service, or 12 (c) is a discharged LGBT veteran, as defined in section [three hundred13fifty] one of the [executive] veterans' services law, and has received a 14 discharge other than bad conduct or dishonorable from such service. 15 § 96. Paragraphs (a) and (b) of subdivision 3 of section 404-y of the 16 vehicle and traffic law, as amended by chapter 490 of the laws of 2019, 17 are amended to read as follows: 18 (a) "Veteran of the Iraq War" shall mean a person who is a resident of 19 this state, who served in the armed forces of the United States in the 20 hostilities that occurred in Iraq from the sixteenth day of October, two 21 thousand two to the end of such hostilities who (i) was discharged ther- 22 efrom under other than dishonorable conditions or (ii) has a qualifying 23 condition, as defined in section [three hundred fifty] one of the [exec-24utive] veterans' services law, and has received a discharge other than 25 bad conduct or dishonorable from such service, or (iii) is a discharged 26 LGBT veteran, as defined in section [three hundred fifty] one of the 27 [executive] veterans' services law, and has received a discharge other 28 than bad conduct or dishonorable from such service; and 29 (b) "Veteran of the Afghanistan War" shall mean a person who is a 30 resident of this state, who served in the armed forces of the United 31 States in the hostilities that occurred in Afghanistan from the seventh 32 day of October, two thousand one to the end of such hostilities who (i) 33 was discharged therefrom under other than dishonorable conditions or 34 (ii) has a qualifying condition, as defined in section [three hundred35fifty] one of the [executive] veterans' services law, and has received a 36 discharge other than bad conduct or dishonorable from such service, or 37 (iii) is a discharged LGBT veteran, as defined in section [three hundred38fifty] one of the [executive] veterans' services law, and has received a 39 discharge other than bad conduct or dishonorable from such service. 40 § 97. Paragraph (b) of subdivision 3 of section 490 of the vehicle and 41 traffic law, as amended by chapter 490 of the laws of 2019, is amended 42 to read as follows: 43 (b) The identification card shall contain a distinguishing number or 44 mark and adequate space upon which an anatomical gift, pursuant to arti- 45 cle forty-three of the public health law, by the holder may be recorded 46 and shall contain such other information and shall be issued in such 47 form as the commissioner shall determine; provided, however, every iden- 48 tification card or renewal thereof issued to a person under the age of 49 twenty-one years shall have prominently imprinted thereon the statement 50 "UNDER 21 YEARS OF AGE" in notably distinctive print or format. 51 Provided, further, however, that every identification card issued to an 52 applicant who was a member of the armed forces of the United States and 53 (i) received an honorable discharge or was released therefrom under 54 honorable conditions, or (ii) has a qualifying condition, as defined in 55 section [three hundred fifty] one of the [executive] veterans' services 56 law, and has received a discharge other than bad conduct or dishonorableS. 8006--C 148 A. 9006--C 1 from such service, or (iii) is a discharged LGBT veteran, as defined in 2 section [three hundred fifty] one of the [executive] veterans' services 3 law, and has received a discharge other than bad conduct or dishonorable 4 from such service, shall, upon his or her request and submission of 5 proof as set forth herein, contain a distinguishing mark, in such form 6 as the commissioner shall determine, indicating that he or she is a 7 veteran. Such proof shall consist of a certificate of release or 8 discharge from active duty including but not limited to a DD Form 214 or 9 other proof satisfactory to the commissioner. The commissioner shall not 10 require fees for the issuance of such identification cards or renewals 11 thereof to persons under twenty-one years of age which are different 12 from the fees required for the issuance of identification cards or 13 renewals thereof to persons twenty-one years of age or over, nor fees to 14 persons requesting a veteran distinguishing mark which are different 15 from fees that would otherwise be required. Provided, however, that 16 notwithstanding the provisions of section four hundred ninety-one of 17 this article, the commissioner shall not require any fees for the dupli- 18 cation or amendment of an identification card prior to its renewal if 19 such duplication or amendment was solely for the purpose of adding a 20 veteran distinguishing mark to such identification card. 21 § 98. Paragraph (a-1) of subdivision 1 of section 504 of the vehicle 22 and traffic law, as amended by chapter 490 of the laws of 2019, is 23 amended to read as follows: 24 (a-1) Every license or renewal thereof issued to an applicant who was 25 a member of the armed forces of the United States and who (i) received 26 an honorable discharge or was released therefrom under honorable condi- 27 tions, or (ii) has a qualifying condition, as defined in section [three28hundred fifty] one of the [executive] veterans' services law, and has 29 received a discharge other than bad conduct or dishonorable from such 30 service, or (iii) is a discharged LGBT veteran, as defined in section 31 [three hundred fifty] one of the [executive] veterans' services law, and 32 has received a discharge other than bad conduct or dishonorable from 33 such service, shall, upon his or her request and submission of proof as 34 set forth herein, contain a distinguishing mark, in such form as the 35 commissioner shall determine, indicating that he or she is a veteran. 36 Such proof shall consist of a certificate of release or discharge from 37 active duty including but not limited to a DD Form 214 or other proof 38 satisfactory to the commissioner. The commissioner shall not require 39 fees for the issuance of such licenses or renewals thereof to persons 40 requesting a veteran distinguishing mark which are different from fees 41 otherwise required; provided, however, that notwithstanding the 42 provisions of this section, the commissioner shall not require fees for 43 a duplication or amendment of a license prior to its renewal if such 44 duplication or amendment was solely for the purpose of adding a veteran 45 distinguishing mark to such license. 46 § 99. The second undesignated subparagraph of paragraph (a) of subdi- 47 vision 8 of section 15 of the workers' compensation law, as amended by 48 chapter 490 of the laws of 2019, is amended to read as follows: 49 Second: That any plan which will reasonably, equitably and practically 50 operate to break down hindrances and remove obstacles to the employment 51 of partially disabled persons who (i) are honorably discharged from our 52 armed forces, or (ii) have a qualifying condition, as defined in section 53 [three hundred fifty] one of the [executive] veterans' services law, and 54 received a discharge other than bad conduct or dishonorable from such 55 service, or (iii) are discharged LGBT veterans, as defined in section 56 [three hundred fifty] one of the [executive] veterans' services law, andS. 8006--C 149 A. 9006--C 1 received a discharge other than bad conduct or dishonorable from such 2 service, or any other physically handicapped persons, is of vital impor- 3 tance to the state and its people and is of concern to this legislature; 4 § 100. Transfer of powers of the division of veterans' services. The 5 functions and powers possessed by and all of the obligations and duties 6 of the division of veterans' services, as established pursuant to arti- 7 cle 17 of the executive law and other laws, shall be transferred and 8 assigned to, and assumed by and devolved upon, the department of veter- 9 ans' services. 10 § 101. Abolition of the division of veterans' services. Upon the 11 transfer pursuant to this act of the functions and powers possessed by 12 and all of the obligations and duties of the division of veterans' 13 services, as established pursuant to article 17 of the executive law and 14 other laws, the division of veterans' services shall be abolished. 15 § 102. Continuity of authority of the division of veterans' services. 16 Except as herein otherwise provided, upon the transfer pursuant to this 17 act of the functions and powers possessed by, and all of the obligations 18 and duties of, the division of veterans' services, as established pursu- 19 ant to article 17 of the executive law and other laws, to the department 20 of veterans' services as prescribed by this act, for the purpose of 21 succession, all functions, powers, duties and obligations of the depart- 22 ment of veterans' services shall be deemed and be held to constitute the 23 continuation of such functions, powers, duties and obligations and not a 24 different agency. 25 § 103. Transfer of records of the division of veterans' services. Upon 26 the transfer pursuant to this act of the functions and powers possessed 27 by and all of the obligations and duties of the division of veterans' 28 services, as established pursuant to article 17 of the executive law and 29 other laws, to the department of veterans' services as prescribed by 30 this act, all books, papers, records and property pertaining to the 31 division of veterans' services shall be transferred to and maintained by 32 the department of veterans' services. 33 § 104. Completion of unfinished business of the division of veterans' 34 services. Upon the transfer pursuant to this act of the functions and 35 powers possessed by and all of the obligations and duties of the divi- 36 sion of veterans' services, as established pursuant to article 17 of the 37 executive law and other laws, to the department of veterans' services as 38 prescribed by this act, any business or other matter undertaken or 39 commenced by the division of veterans' services pertaining to or 40 connected with the functions, powers, obligations and duties so trans- 41 ferred and assigned to the department of veterans' services, may be 42 conducted or completed by the department of veterans' services. 43 § 105. Terms occurring in laws, contracts or other documents of or 44 pertaining to the division of veterans' services. Upon the transfer 45 pursuant to this act of the functions and powers possessed by and all of 46 the obligations and duties of the division of veterans' services, as 47 established pursuant to article 17 of the executive law and other laws, 48 as prescribed by this act, whenever the division of veterans' services 49 and the commissioner thereof, the functions, powers, obligations and 50 duties of which are transferred to the department of veterans' services, 51 are referred to or designated in any law, regulation, contract or docu- 52 ment pertaining to the functions, powers, obligations and duties trans- 53 ferred and assigned pursuant to this act, such reference or designation 54 shall be deemed to refer to the department of veterans' services and its 55 commissioner.S. 8006--C 150 A. 9006--C 1 § 106. (a) Wherever the term "division of veterans' services" appears 2 in the consolidated or unconsolidated laws of this state, such term is 3 hereby changed to "department of veterans' services". 4 (b) The legislative bill drafting commission is hereby directed to 5 effectuate this provision, and shall be guided by a memorandum of 6 instruction setting forth the specific provisions of law to be amended. 7 Such memorandum shall be transmitted to the legislative bill drafting 8 commission within sixty days of enactment of this provision. Such memo- 9 randum shall be issued jointly by the governor, the temporary president 10 of the senate and the speaker of the assembly, or by the delegate of 11 each. 12 § 107. Existing rights and remedies of or pertaining to the division 13 of veterans' services. Upon the transfer pursuant to this act of the 14 functions and powers possessed by and all of the obligations and duties 15 of the division of veterans' services, as established pursuant to arti- 16 cle 17 of the executive law and other laws, to the department of veter- 17 ans' services as prescribed by this act, no existing right or remedy of 18 the state, including the division of veterans' services, shall be lost, 19 impaired or affected by reason of this act. 20 § 108. Pending actions and proceedings of or pertaining to the divi- 21 sion of veterans' services. Upon the transfer pursuant to this act of 22 the functions and powers possessed by and all of the obligations and 23 duties of the division of veterans' services, as established pursuant to 24 article 17 of the executive law and other laws, to the department of 25 veterans' services as prescribed by this act, no action or proceeding 26 pending on the effective date of this act, brought by or against the 27 division of veterans' services or the commissioner thereof shall be 28 affected by any provision of this act, but the same may be prosecuted or 29 defended in the name of the New York state department of veterans' 30 services. In all such actions and proceedings, the New York state 31 department of veterans' services, upon application to the court, shall 32 be substituted as a party. 33 § 109. Continuation of rules and regulations of or pertaining to the 34 division of veterans' services. Upon the transfer pursuant to this act 35 of the functions and powers possessed by and all the obligations and 36 duties of the division of veterans' services, as established pursuant to 37 article 17 of the executive law and other laws, to the department of 38 veterans' services as prescribed by this act, all rules, regulations, 39 acts, orders, determinations, decisions, licenses, registrations and 40 charters of the division of veterans' services, pertaining to the func- 41 tions transferred and assigned by this act to the department of veter- 42 ans' services, in force at the time of such transfer, assignment, 43 assumption or devolution shall continue in force and effect as rules, 44 regulations, acts, determinations and decisions of the department of 45 veterans' services until duly modified or repealed. 46 § 110. Transfer of appropriations heretofore made to the division of 47 veterans' services. Upon the transfer pursuant to this act of the func- 48 tions and powers possessed by and all of the obligations and duties of 49 the division of veterans' services, as established pursuant to article 50 17 of the executive law and other laws, to the department of veterans' 51 services as prescribed by this act, all appropriations and reappropri- 52 ations which shall have been made available as of the date of such 53 transfer to the division of veterans' services or segregated pursuant to 54 law, to the extent of remaining unexpended or unencumbered balances 55 thereof, whether allocated or unallocated and whether obligated or unob- 56 ligated, shall be transferred to and made available for use and expendi-S. 8006--C 151 A. 9006--C 1 ture by the department of veterans' services and shall be payable on 2 vouchers certified or approved by the commissioner of taxation and 3 finance, on audit and warrant of the comptroller. Payments of liabil- 4 ities for expenses of personnel services, maintenance and operation 5 which shall have been incurred as of the date of such transfer by the 6 division of veterans' services, and for liabilities incurred and to be 7 incurred in completing its affairs shall also be made on vouchers certi- 8 fied or approved by the commissioner of veterans' services, on audit and 9 warrant of the comptroller. 10 § 111. Transfer of employees. Upon the transfer pursuant to this act 11 of the functions and powers possessed by and all of the division of 12 veterans' services, as established pursuant to article 17 of the execu- 13 tive law and other laws, to the department of veterans' services as 14 prescribed by this act, provision shall be made for the transfer of all 15 employees from the division of veterans' services into the department of 16 veterans' services. Employees so transferred shall be transferred with- 17 out further examination or qualification to the same or similar titles 18 and shall remain in the same collective bargaining units and shall 19 retain their respective civil service classifications, status and rights 20 pursuant to their collective bargaining units and collective bargaining 21 agreements. 22 § 112. Severability. If any clause, sentence, paragraph, section or 23 part of this act shall be adjudged by any court of competent jurisdic- 24 tion to be invalid, such judgment shall not affect, impair or invalidate 25 the remainder thereof, but shall be confined in its operation to the 26 clause, sentence, paragraph, section or part thereof directly involved 27 in the controversy in which such judgment shall have been rendered. 28 § 113. This act shall take effect April 1, 2023; provided, however, 29 that the amendments to subdivision (l) of section 7.09 of the mental 30 hygiene law made by section fifteen of this act shall not affect the 31 repeal of such subdivision and shall be deemed repealed therewith; and 32 provided further that the amendments to paragraph j of subdivision 1 and 33 subdivisions 6 and 6-d of section 163 of the state finance law made by 34 section twenty-eight of this act shall not affect the repeal of such 35 section and shall be deemed to be repealed therewith; and provided 36 further that the amendments to paragraph 5 of subdivision (b) of section 37 5.06 of the mental hygiene law made by section fourteen-a of this act 38 shall take effect on the same date and in the same manner as section 2 39 of chapter 4 of the laws of 2022, takes effect; and provided further 40 that the amendments to subdivision 3 of section 103-a of the state tech- 41 nology law made by section thirty-one of this act shall not affect the 42 repeal of such section and shall be deemed to be repealed therewith. 43 Effective immediately, the addition, amendment and/or repeal of any rule 44 or regulation necessary for the implementation of this act on its effec- 45 tive date are authorized to be made on or before such date. 46 PART QQ 47 Section 1. This act shall be known and may be cited as the "ethics 48 commission reform act of 2022". 49 § 2. Section 94 of the executive law is REPEALED and a new section 94 50 is added to read as follows: 51 § 94. Commission on ethics and lobbying in government. 1. (a) 52 Commission established. There is hereby established within the depart- 53 ment of state, a commission on ethics and lobbying in government, an 54 agency responsible for administering, enforcing, and interpreting NewS. 8006--C 152 A. 9006--C 1 York state's ethics and lobbying laws. The commission shall have and 2 exercise the powers and duties set forth in this section with respect to 3 statewide elected officials, members of the legislature and employees of 4 the legislature, and state officers and employees as defined in sections 5 seventy-three, seventy-three-a, and seventy-four of the public officers 6 law, candidates for statewide elected office and for the senate or 7 assembly, and the political party chair as is defined in section seven- 8 ty-three of the public officers law, lobbyists and the clients of lobby- 9 ists as defined in section one-c of the legislative law, and individuals 10 who have formerly held such positions, were lobbyists or clients of 11 lobbyists as defined in section one-c of the legislative law, or who 12 have formerly been such candidates. 13 (b) The commission shall provide for the transfer, assumption or other 14 disposition of the records, property, and personnel affected by this 15 section, and it is further provided, should any employees be transferred 16 from the joint commission on public ethics ("JCOPE"), the predecessor 17 ethics agency, to the commission, that such transfer will be without 18 further examination or qualification and such employees shall retain 19 their respective civil service classifications, status and collective 20 bargaining agreements. 21 (c) The commission shall review any pending inquiries or matters 22 affected by this section and shall establish policies to address them. 23 (d) The commission shall undertake a comprehensive review of all regu- 24 lations in effect upon the effective date of this section; and review of 25 all advisory opinions of predecessor ethics agencies, including JCOPE, 26 the legislative ethics commission, the commission on public integrity, 27 the state ethics commission, and the temporary lobbying commission, 28 which will address the consistency of such regulations and advisory 29 opinions among each other and with the new statutory language, and of 30 the effectiveness of the existing laws, regulations, guidance and ethics 31 enforcement structure. 32 (e) This section shall not be deemed to have revoked or rescinded any 33 regulations or advisory opinions in effect on the effective date of this 34 section that were issued by predecessor ethics and lobbying bodies. The 35 commission shall cooperate, consult, and coordinate with the legislative 36 ethics commission, to the extent possible, to administer and enforce the 37 laws under its jurisdiction. 38 (f) The annual budget submitted by the governor shall separately state 39 the recommended appropriations for the commission on ethics and lobbying 40 in government. Upon enactment, these separately stated appropriations 41 for the commission on ethics and lobbying in government shall not be 42 decreased by interchange with any other appropriation, notwithstanding 43 section fifty-one of the state finance law. 44 2. Definitions. For the purposes of this section, the following terms 45 shall have the following meanings: 46 (a) "commission" means the commission on ethics and lobbying in 47 government established pursuant to subdivision one of this section. 48 (b) "selection members" means the governor, speaker of the assembly, 49 temporary president of the senate, minority leader of the senate, minor- 50 ity leader of the assembly, comptroller, and the attorney general. 51 (c) "independent review committee" means the committee of the Ameri- 52 can Bar Association accredited New York state law school deans or inter- 53 im deans, or their designee who is an associate dean of their respective 54 law school, tasked with reviewing, approving, or denying the members of 55 the commission as nominated by the selection members and other tasks 56 pursuant to this section.S. 8006--C 153 A. 9006--C 1 (d) "respondent" means the individual or individuals or organization 2 or organizations subject to an inquiry, investigation, or enforcement 3 action. 4 (e) "victim" means any individual that has suffered or alleged to have 5 suffered direct harm from any violation of law that is subject to inves- 6 tigation under the jurisdiction of the commission. 7 3. Nomination and appointment of the commission. (a) The commission 8 shall consist of eleven members, to be nominated by the selection 9 members as follows: three members by the governor; two members by the 10 temporary president of the senate; one member by the minority leader of 11 the senate; two members by the speaker of the assembly; one member by 12 the minority leader of the assembly; one member by the attorney general; 13 and one member by the comptroller. 14 (b) The independent review committee shall within thirty days review 15 the qualifications of the nominated candidates and approve or deny each 16 candidate nominated by their respective selection member. 17 (c) The independent review committee shall publish on its website a 18 procedure by which it will review the qualifications of the nominated 19 candidate and approve or deny each candidate. 20 (d) Those candidates that the independent review committee deems to 21 meet the qualifications necessary for the services required based on 22 their background and expertise that relate to the candidate's potential 23 service on the commission shall be appointed as a commission member. The 24 nominating selection member shall nominate a new candidate for those 25 that are denied by the independent review committee. 26 (e) No individual shall be eligible for nomination and appointment as 27 a member of the commission who is currently, or has within the last two 28 years: 29 (i) been registered as a lobbyist in New York state; 30 (ii) been a member or employee of the New York state legislature, a 31 statewide elected official, or a commissioner of an executive agency 32 appointed by the governor; 33 (iii) been a political party chair, as defined in section seventy- 34 three of the public officers law; or 35 (iv) been a state officer or employee as defined in section seventy- 36 three of the public officers law. 37 (f) The independent review committee shall convene as needed or as 38 requested by the selection members. The chair of the independent review 39 committee shall be elected from the members of the independent review 40 committee. 41 (g) Appropriate staffing and other resources shall be provided for in 42 the commission's budget for the independent review committee to carry 43 out its powers, functions, and duties. The independent review committee 44 shall publish on the commission's website a procedure by which it will 45 review and select the commission members and other processes to effectu- 46 ate its responsibilities under this section. 47 (h) The majority of the independent review committee shall constitute 48 a quorum to hold a meeting and conduct official business. 49 (i) During the pendency of the review and approval or denial of the 50 candidates, the independent review committee shall be subject to and 51 maintain confidentiality in all independent review committee processes, 52 reviews, analyses, approvals, and denials. A member of the independent 53 review committee may be removed by majority vote of the committee for 54 substantial neglect of duty, misconduct, violation of the confidentiali- 55 ty restrictions set forth in this section, inability to discharge theS. 8006--C 154 A. 9006--C 1 powers or duties of the committee or violation of this section, after 2 written notice and opportunity for a reply. 3 (j) Upon the receipt of the selection members' appointments, members 4 of the independent review committee shall disclose to the independent 5 review committee any personal, professional, financial, or other direct 6 or indirect relationships a member of the independent review committee 7 may have with an appointee. If the independent review committee deter- 8 mines a conflict of interest exists, such independent review committee 9 member shall, in writing, notify the other members of the independent 10 review committee of the possible conflict. The member may recuse them- 11 self from all subsequent involvement in the consideration of and action 12 upon the appointment. If, after disclosure, the member does not recuse 13 themself from the matter, the independent review committee, by majority 14 vote finding the disclosed information creates a substantial conflict of 15 interest, may remove the conflicted member from further consideration of 16 and action upon the appointment. 17 (k) Notwithstanding the provisions of article seven of the public 18 officers law, no meeting or proceeding of the independent review commit- 19 tee shall be open to the public, except the applicable records pertain- 20 ing to the review and selection process for a member's seat shall be 21 subject to disclosure pursuant to article six of the public officers law 22 only after an individual member is appointed to the commission. 23 Requests for such records shall be made to, and processed by, the 24 commission's records access officer. 25 (l) The independent review committee shall neither be public officers 26 nor be subject to the requirements of the public officers law. 27 (m) Notwithstanding subdivision (l) of this section, the independent 28 review committee members shall be entitled to representation, indemnifi- 29 cation, and to be held harmless to the same extent as any other person 30 employed in service of the state and entitled to such coverage under 31 sections seventeen and nineteen of the public officers law, provided 32 however, that any independent review committee member removed due to a 33 violation of paragraph (i) of this subdivision shall not qualify for 34 such entitlements. 35 4. Commission. (a) The first class of members of the commission shall 36 serve staggered terms to ensure continuity. For the first class of the 37 commission, five members shall serve a term of four years, three 38 members shall serve a term of two years, and one member shall serve a 39 term of one year. All subsequent members shall serve a term of four 40 years. No member shall be selected to the commission for more 41 than two full consecutive terms, except that a member who has held the 42 position by filling a vacancy can only be selected to the commission 43 for an additional two full consecutive terms. 44 (b) The commission by majority vote shall elect a chairperson from 45 among its members for a term of two years. A chairperson may be elected 46 to no more than two terms for such office. 47 (c) Members of the commission may be removed by majority vote of the 48 commission for substantial neglect of duty, misconduct in office, 49 violation of the confidentiality restrictions set forth in this 50 section, inability to discharge the powers or duties of office or 51 violation of this section, after written notice and opportunity for a 52 reply. 53 (d) Any vacancy occurring on the commission shall be filled within 54 thirty days of its occurrence in the same manner as a member is initial- 55 ly selected to complete the vacant term.S. 8006--C 155 A. 9006--C 1 (e) During the period of a member's service as a member of the commis- 2 sion, the member shall refrain from making, or soliciting from other 3 persons, any contributions to candidates, political action committees, 4 political parties or committees, newsletter funds, or political adver- 5 tisements for election to the offices of governor, lieutenant gover- 6 nor, member of the assembly or the senate, attorney general or state 7 comptroller. 8 (f) Members of the commission shall receive a per diem allowance equal 9 to the salary of a justice of the supreme court divided by two hundred 10 twenty for each day or each pro-rated day actually spent in the perform- 11 ance of the member's duties under this section, and, in addition there- 12 to, shall be reimbursed for all reasonable expenses actually and neces- 13 sarily incurred by the member in the performance of the member's duties 14 under this section. For the purposes of this subdivision, a day shall 15 consist of at least seven and one-half hours spent in the performance of 16 the member's duties under this section. 17 (g) The commission shall meet at least quarterly and additionally as 18 called by the chairperson, or upon the call of a majority of the members 19 of the commission. The commission shall be subject to articles six and 20 seven of the public officers law. 21 (h) A majority of the members of the commission shall constitute a 22 quorum, and the commission shall have the power to act by majority vote 23 of the total number of members of the commission without vacancy. 24 (i) The commission shall hold a public hearing at least once each 25 calendar year to take testimony regarding the operation of the 26 commission and solicit public input regarding potential or proposed 27 changes in the laws under its jurisdiction. 28 5. Powers. (a) The commission has the authority to: (i) adopt, amend, 29 and rescind any rules and regulations pertaining to section seventy- 30 three, seventy-three-a or seventy-four of the public officers law, 31 article one-A of the legislative law, or section one hundred seven of 32 the civil service law; (ii) adopt, amend, and rescind any procedures of 33 the commission, including but not limited to, procedures for advice and 34 guidance, training, filing, review, and enforcement of financial disclo- 35 sure statements, investigations, enforcement, and due process hearings; 36 and (iii) develop and promulgate any programs for reviews, training, and 37 guidance to carry out the commission's mission. 38 (b) The commission shall adopt and post on its website guidance docu- 39 ments detailing the processes and procedures of an investigation, 40 including the stages of an investigation; timelines, including the 41 reasons for any potential delays in an investigation; the hearing and 42 adjudication process; outcomes of an investigation; and, anything else 43 the commission deems necessary to inform the public as well as relevant 44 parties to an investigation including complainants, respondents, 45 victims, if any, and witnesses as to such processes and procedures. The 46 guidance documents shall delineate the processes and procedures that 47 apply to the relevant parties, including, where applicable, the due 48 process and any other rights or remedies that the relevant party may 49 have under the commission's procedures or any other area of law. The 50 guidance documents shall be provided to the relevant party of an inves- 51 tigation upon such party's involvement in such investigation. 52 (c) The commission has the authority to compel the testimony of 53 witnesses, and may administer oaths or affirmations, subpoena witnesses, 54 compel their attendance and require the production of any books or 55 records which it may deem relevant or material. 56 6. Executive director and commission staff. The commission shall:S. 8006--C 156 A. 9006--C 1 (a) (i) Appoint an executive director through a majority vote of the 2 members of the commission, who shall act in accordance with the policies 3 of the commission. The executive director shall be appointed without 4 regard to political affiliation and solely on the basis of fitness to 5 perform the duties assigned by this section, and meet the qualifications 6 necessary for the services required based on their background and exper- 7 tise that relate to the candidate's potential service to the commission. 8 No individual shall be eligible to be appointed as an executive director 9 if the individual is currently, or within the last two years has been: 10 (1) registered as a lobbyist in New York state; 11 (2) a member or employee of the New York state legislature or a state- 12 wide elected official, or a commissioner of an executive agency 13 appointed by the governor; or 14 (3) a political party chair, as defined in section seventy-three of 15 the public officers law. 16 (ii) The appointment and removal of the executive director shall be 17 made by a majority vote of the commission. 18 (iii) The term of office of the executive director shall be four years 19 from the date of appointment. The salary of the executive director shall 20 be determined by the members of the commission based on experience. 21 (iv) The commission may remove the executive director for neglect of 22 duty, misconduct in office, violation of the confidentiality 23 restrictions in this section, or inability or failure to discharge the 24 powers or duties of office, including the failure to follow the lawful 25 instructions of the commission. 26 (b) The commission may delegate authority to the executive director to 27 act in the name of the commission between meetings of the commission 28 provided such delegation is in writing, the specific powers to be deleg- 29 ated are enumerated, and the commission shall not delegate any decisions 30 specified in this section that require a vote of the commission. 31 (c) The commission, through the executive director, shall establish 32 units within the commission to carry out it duties, including, but not 33 limited to, (i) an advice and guidance unit, (ii) a training unit, (iii) 34 a financial disclosure unit, (iv) a lobbying unit, and (v) an investi- 35 gations and enforcement unit. 36 (d) The commission, through the executive director, shall appoint such 37 other staff as are necessary to carry out its duties under this section, 38 including, but not limited to, a deputy director of an advice and guid- 39 ance unit to provide timely confidential advice to persons subject to 40 the commission's jurisdiction, a deputy director for training, a deputy 41 director for investigations and enforcement, and a deputy director for 42 lobbying. 43 (e) In addition to meeting the qualifications necessary for the 44 services required for the position, the deputy director for investi- 45 gations and enforcement shall have completed substantial training and 46 have experience in trauma-informed approaches to investigations and 47 enforcement. The deputy director for investigations and enforcement 48 shall complete a minimum of four hours of training annually in trauma- 49 informed approaches to investigations and enforcement. Such trainings 50 may include, but not be limited to, the impact of trauma, first 51 impression matters, victim interviews, investigative strategies, and 52 alcohol and drug facilitated cases. 53 (f) The commission, through the executive director, shall review and 54 approve a staffing plan provided and prepared by the executive director 55 which shall contain, at a minimum, a list of the various units and divi- 56 sions as well as the number of positions in each unit, titles and theirS. 8006--C 157 A. 9006--C 1 duties, and salaries, as well as the various qualifications for each 2 position. 3 7. Advice and guidance. (a) The commission shall establish a unit or 4 units solely for ethics and lobbying guidance, and give such prompt, 5 informal advice to persons whose conduct it oversees, except with 6 respect to members of the legislature and legislative staff, who shall 7 seek advice from the legislative ethics commission in the first 8 instance. 9 (b) Persons receiving such informal advice may rely on that advice 10 absent misrepresentation or omission of material facts to the commission 11 and such communications with the commission shall be treated as confi- 12 dential, except as disclosure is needed to prevent or rectify a 13 crime or fraud, or prevent a substantial threat to public health or 14 safety or if required by court order. 15 (c) The commission may also render, on written request or on its own 16 initiative, advisory opinions, and may allow for public comment before 17 issuance of an advisory opinion. Such an opinion rendered by the 18 commission shall be relied on by those subject to the commission's 19 jurisdiction and until, or unless, amended, superseded, or revoked. 20 Such opinion may also be relied upon by any such person, and may be 21 introduced and shall be a defense, in any criminal or civil action. 22 8. Training. The commission shall establish a training unit and shall 23 develop and administer an on-going program for the education and train- 24 ing in ethics and lobbying for those subject to the provisions of this 25 section, as follows: 26 (a) The commission shall develop and administer a comprehensive and 27 interactive live-in person or live-online ethics training course and 28 shall designate and train instructors to conduct such training. Such 29 live course shall be designed to include practical application of the 30 material covered and a question-and-answer participatory segment. Unless 31 the commission grants an extension or waiver for good cause shown, 32 statewide elected officials, members of the legislature and employees of 33 the legislature, and state officers and employees as defined in sections 34 seventy-three, seventy-three-a, and seventy-four of the public officers 35 law, and the political party chair as is defined in section seventy- 36 three of the public officers law, shall complete the live course within 37 ninety days of appointment or employment and shall complete the live 38 course every two years subsequently. 39 (b) The commission shall develop and administer an online ethics 40 refresher course for all individuals listed under subparagraph (i) of 41 this paragraph who have previously completed the live course. Such 42 refresher course shall be designed to include any changes in law, regu- 43 lation, or policy or in the interpretation thereof, and practical appli- 44 cation of the material covered. Unless the commission grants an exten- 45 sion or waiver for good cause shown, such individuals shall take such 46 refresher course once every year after having completed the live course 47 under paragraph (a) of this subdivision. 48 (c) The commission shall develop and administer an online live ques- 49 tion and answer course for agency ethics officers. 50 (d) The commission shall develop and administer training courses for 51 lobbyists and clients of lobbyists. 52 (e) The provisions of this subdivision shall be applicable to the 53 legislature except to the extent that an ethics training program is 54 otherwise established by the assembly and/or senate for their respective 55 members and employees and such program meets or exceeds each of the 56 requirements set forth in this subdivision.S. 8006--C 158 A. 9006--C 1 (f) On an annual basis, the commission, in coordination with the 2 legislative ethics commission, shall determine the status of compliance 3 with the training requirements under this subdivision by each state 4 agency and by the senate and the assembly. Such determination shall 5 include aggregate statistics regarding participation in such training 6 and shall be reported on a quarterly basis to the governor and the 7 legislature in writing. 8 9. Financial disclosure statements. (a) The commission may delegate 9 all or part of review, inquiry and advice in this section to the staff 10 under the supervision of the executive director. 11 (b) The commission shall make available forms for annual statements of 12 financial disclosure required to be filed pursuant to section seven- 13 ty-three-a of the public officers law. 14 (c) The commission shall review the financial disclosure statements of 15 the statewide elected officials and members of the legislature within 16 sixty days of their filings to determine, among other things, deficien- 17 cies and conflicts. 18 (d) The commission shall review on a random basis the financial 19 disclosure statements for filers who are not statewide elected officials 20 and members of the legislature. 21 (e) The commission shall review financial disclosure statements filed 22 in accordance with the provisions of this section and (i) inquire 23 into any disclosed conflict to recommend how best to address such 24 conflict; and 25 (ii) ascertain whether any person subject to the reporting require- 26 ments of section seventy-three-a of the public officers law has failed 27 to file such a statement, has filed a deficient statement or has filed a 28 statement which reveals a possible violation of section seventy-three, 29 seventy-three-a or seventy-four of the public officers law. 30 (f) If a person required to file a financial disclosure statement with 31 the commission has failed to file a disclosure statement or has filed a 32 deficient statement, the commission shall notify the reporting person in 33 writing, state the failure to file or detail the deficiency, provide the 34 person with a fifteen-day period to cure the deficiency, and advise the 35 person of the penalties for failure to comply with the reporting 36 requirements. This first notice of deficiency shall be confidential. If 37 the person fails to make such filing or fails to cure the deficiency 38 within the specified time period, the commission shall send a notice of 39 delinquency (i) to the reporting person; (ii) in the case of a statewide 40 elected official, to the chief of staff or counsel to the statewide 41 elected official; (iii) in the case of a member of the legislature or a 42 legislative employee, to the temporary president of the senate and the 43 speaker of the assembly; and (iv) in the case of a state officer, 44 employee or board member, to the appointing authority for such person. 45 Such notice of delinquency may be sent at any time during the reporting 46 person's service as a statewide elected official, state officer or 47 employee, member of the assembly or the senate, or a legislative employ- 48 ee or a political party chair or while a candidate for statewide office, 49 or within one year after termination of such service or candidacy. A 50 copy of any notice of delinquency or report shall be included in the 51 reporting person's file and be available for public inspection and 52 copying pursuant to the provisions of this section. The jurisdiction of 53 the commission, when acting pursuant to this subdivision with respect to 54 financial disclosure, shall continue for two years notwithstanding that 55 the reporting person separates from state service, or ceases to hold 56 public or political party office, or ceases to be a candidate, providedS. 8006--C 159 A. 9006--C 1 the commission notifies such person of the alleged failure to file or 2 deficient filing pursuant to this subdivision. 3 (g) The commission shall adopt a procedure whereby a person who is 4 required to file an annual financial disclosure statement with the 5 commission may request an additional period of time within which to 6 file such statement, other than members of the legislature, candidates 7 for members of the legislature and legislative employees, due to justi- 8 fiable cause or undue hardship. 9 (h) The commission may permit any person who is required to file a 10 financial disclosure statement with the commission to request that the 11 commission delete from the copy thereof made available for public 12 inspection and copying one or more items of information which may be 13 deleted by the commission upon a finding by the commission that the 14 information which would otherwise be required to be made available 15 for public inspection and copying will have no material bearing on the 16 discharge of the reporting person's official duties. If such request 17 for deletion is denied, the commission, in its notification of denial, 18 shall inform the person of their right to appeal the commission's 19 determination in a proceeding commenced against the commission, pursuant 20 to article seventy-eight of the civil practice law and rules. 21 (i) The commission may permit any person who is required to file a 22 financial disclosure statement with the commission to request an 23 exemption from any requirement to report one or more items of infor- 24 mation which pertain to such person's spouse, domestic partner, or 25 unemancipated children which item or items may be exempted by the 26 commission upon a finding by the commission that the reporting individ- 27 ual's spouse, domestic partner, on their own behalf, or on behalf of an 28 unemancipated child, objects to providing the information necessary to 29 make such disclosure and that the information which would otherwise 30 be required to be reported shall have no material bearing on the 31 discharge of the reporting person's official duties. If such 32 request for exemption is denied, the commission, in its notification of 33 denial, shall inform the person of their right to appeal the commis- 34 sion's determination, pursuant to article seventy-eight of the civil 35 practice law and rules. 36 (j) The commission may permit any person required to file a financial 37 disclosure statement to request an exemption from any requirement to 38 report the identity of a client pursuant to the question under subpara- 39 graph (b) of paragraph eight of subdivision three of section seventy- 40 three-a of the public officers law in such statement based upon an 41 exemption set forth in such question. The reporting individual need not 42 seek an exemption to refrain from disclosing the identity of any 43 client with respect to any matter where they or their firm provided 44 legal representation to the client in connection with an investi- 45 gation or prosecution by law enforcement authorities, bankruptcy, or 46 domestic relations matters. In addition, clients or customers 47 receiving medical or dental services, mental health services, residen- 48 tial real estate brokering services, or insurance brokering 49 services need not be disclosed. Pending any application for deletion or 50 exemption to the commission relating to the filing of a financial 51 disclosure statement, all information which is the subject or part of 52 the application shall remain confidential. Upon an adverse determination 53 by the commission, the reporting individual may request, and upon 54 such request the commission shall provide, that any information that is 55 the subject or part of the application remain confidential for a peri- 56 od of thirty days following notice of such determination. In the eventS. 8006--C 160 A. 9006--C 1 that the reporting individual resigns their office and holds no 2 other office subject to the jurisdiction of the commission, the informa- 3 tion shall not be made public and shall be expunged in its entirety. 4 (k) The commission shall permit any person who has not been determined 5 by the person's appointing authority to hold a policy-making posi- 6 tion, but who is otherwise required to file a financial disclo- 7 sure statement to request an exemption from such requirement in 8 accordance with rules and regulations governing such exemptions. Such 9 rules and regulations shall provide for exemptions to be granted either 10 on the application of an individual or on behalf of persons who share 11 the same job title or employment classification which the commission 12 deems to be comparable for purposes of this section. Such rules 13 and regulations may permit the granting of an exemption where, in the 14 discretion of the commission, the public interest does not require 15 disclosure and the applicant's duties do not involve the negotiation, 16 authorization or approval of: 17 (i) contracts, leases, franchises, revocable consents, concessions, 18 variances, special permits, or licenses as such terms are defined in 19 section seventy-three of the public officers law; 20 (ii) the purchase, sale, rental or lease of real property, goods or 21 services, or a contract therefor; 22 (iii) the obtaining of grants of money or loans; or 23 (iv) the adoption or repeal of any rule or regulation having the force 24 and effect of law. 25 10. Investigation and enforcement. (a) The commission shall receive 26 complaints and referrals alleging violations of section seventy-three, 27 seventy-three-a or seventy-four of the public officers law, article 28 one-A of the legislative law, or section one hundred seven of the civil 29 service law. 30 (b) Upon the receipt of a complaint, referral, or the commencement of 31 an investigation, members of the commission shall disclose to the 32 commission any personal, professional, financial, or other direct or 33 indirect relationships a member of the commission may have with a 34 complainant or respondent. If any commissioner determines a conflict of 35 interest may exist, the commissioner shall, in writing, notify the other 36 members of the commission setting forth the possible conflict of inter- 37 est. The commissioner may recuse themself from all subsequent involve- 38 ment in the consideration and determination of the matter. If, after the 39 disclosure, the commissioner does not recuse themself from the matter, 40 the commission, by a majority vote finding that the disclosed informa- 41 tion creates a substantial conflict of interest, shall remove the 42 conflicted commissioner from all subsequent involvement in the consider- 43 ation and determination of the matter, provided the reason for the deci- 44 sion is clearly stated in the determination of the commission. 45 (c) The commission shall conduct any investigation necessary to carry 46 out the provisions of this section. Pursuant to this power and duty, the 47 commission may administer oaths or affirmations, subpoena witnesses, 48 compel their attendance and testimony, and require the production of any 49 books or records which it may deem relevant or material. The commission 50 may, by a majority vote and pursuant to regulations adopted pursuant to 51 the state administrative procedure act, delegate to the executive direc- 52 tor the authority to issue subpoenas, provided that the executive direc- 53 tor first notify the chair of the commission. 54 (d) The commission staff shall review and investigate, as appropriate, 55 any information in the nature of a complaint or referral received by the 56 commission or initiated by the commission, including through its reviewS. 8006--C 161 A. 9006--C 1 of media reports and other information, where there is specific and 2 credible evidence that a violation of section seventy-three, seventy- 3 three-a, or seventy-four of the public officers law, section one hundred 4 seven of the civil service law or article one-A of the legislative law 5 by a person or entity subject to the jurisdiction of the commission 6 including members of the legislature and legislative employees and 7 candidates for members of the legislature. 8 (e) The commission shall notify the complainant, if any, that the 9 commission has received their complaint. 10 (f) If, following a preliminary review of any complaint or referral, 11 the commission or commission staff decides to elevate such preliminary 12 review into an investigation, written notice shall be provided to the 13 respondent setting forth, to the extent the commission is able to, the 14 possible or alleged violation or violations of such law and a 15 description of the allegations against the respondent and the evidence, 16 if any, already gathered pertaining to such allegations, provided howev- 17 er that any information that may, in the judgment of the commission or 18 staff, either be prejudicial to the complainant or compromise the inves- 19 tigation shall be redacted. The respondent shall have fifteen days from 20 receipt of the written notice to provide any preliminary response or 21 information the respondent determines may benefit the commission or 22 commission staff in its work. After the review and investigation, the 23 staff shall prepare a report to the commission setting forth the allega- 24 tion or allegations made, the evidence gathered in the review and inves- 25 tigation tending to support and disprove, if any, the allegation or 26 allegations, the relevant law, and a recommendation for the closing of 27 the matter as unfounded or unsubstantiated, for settlement, for guid- 28 ance, or moving the matter to a confidential due process hearing. The 29 commission shall, by majority vote, return the matter to the staff for 30 further investigation or accept or reject the staff recommendation. 31 (g) In an investigation involving a victim the commission shall ensure 32 that any interview of such victim is upon such victim's consent and 33 that the investigator or investigators interviewing such victim have 34 adequate trauma informed and victim centered investigative training. If 35 a victim is requested to testify at a hearing, the commission shall 36 provide sufficient notice to the victim of such request. Regardless of 37 whether a victim is requested to or testifies at a hearing, the victim 38 shall be informed as to how any statements made or information provided 39 will be used in an investigation. 40 (h) Upon the conclusion of an investigation, if the commission, after 41 consideration of a staff report, determines by majority vote that there 42 is credible evidence of a violation of the laws under its jurisdiction, 43 it shall provide the respondent timely notice for a due process hearing. 44 The commission shall also inform the respondent of its rules regarding 45 the conduct of adjudicatory proceedings and appeals and the other due 46 process procedural mechanisms available to the respondent. If after a 47 hearing the complaint is unsubstantiated or unfounded, the commission 48 shall provide written notice to the respondent, complainant, if any, 49 and victim, if any, provided that such notice shall not include any 50 personally identifying information or information tending to identify 51 any party involved in an investigation. 52 (i) The hearing shall be conducted before an independent arbitrator. 53 Such hearing shall afford the respondent with a reasonable opportunity 54 to appear in person, and by attorney, give sworn testimony, present 55 evidence, and cross-examine witnesses.S. 8006--C 162 A. 9006--C 1 (j) The commission may, at any time, develop procedures and rules for 2 resolution of de minimus or minor violations that can be resolved 3 outside of the enforcement process, including the sending of a confiden- 4 tial guidance or educational letter. 5 (k) The jurisdiction of the commission when acting pursuant to this 6 section shall continue notwithstanding that a statewide elected official 7 or a state officer or employee or member of the legislature or legisla- 8 tive employee separates from state service, or a political party chair 9 ceases to hold such office, or a candidate ceases to be a candidate, or 10 a lobbyist or client of a lobbyist ceases to act as such, provided that 11 the commission notifies such individual or entity of the alleged 12 violation of law within two years from the individual's separation from 13 state service or termination of party service or candidacy, or from the 14 last report filed pursuant to article one-A of the legislative law. 15 Nothing in this section shall serve to limit the jurisdiction of the 16 commission in enforcement of subdivision eight of section seventy-three 17 of the public officers law. 18 (l) If the commission's vote to proceed to a due process hearing after 19 the completion of an investigation does not carry, the commission shall 20 provide written notice of the decision to the respondent, complainant, 21 if any, and victim, if any, provided that such notice shall not include 22 any personally identifying information or information tending to identi- 23 fy any party involved in an investigation. 24 (m) If the commission determines a complaint or referral lacks specif- 25 ic and credible evidence of a violation of the laws under its jurisdic- 26 tion, or a matter is closed due to the allegations being unsubstantiated 27 prior to a vote by the commission, such records and all related material 28 shall be exempt from public disclosure under article six of the public 29 officers law, except the commission's vote shall be publicly disclosed 30 in accordance with articles six and seven of the public officers law. 31 The commission shall provide written notice of such closure to the 32 respondent, complainant, if any, or victim, if any, provided that such 33 notice shall not include any personally identifying information or 34 information tending to identify any party involved in an investigation. 35 (n) (i) An individual subject to the jurisdiction of the commission 36 who knowingly and intentionally violates the provisions of subdivisions 37 two through five-a, seven, eight, twelve or fourteen through seventeen 38 of section seventy-three of the public officers law, section one hundred 39 seven of the civil service law, or a reporting individual who knowingly 40 and willfully fails to file an annual statement of financial disclosure 41 or who knowingly and willfully with intent to deceive makes a false 42 statement or fraudulent omission or gives information which such indi- 43 vidual knows to be false on such statement of financial disclosure filed 44 pursuant to section seventy-three-a of the public officers law, shall be 45 subject to a civil penalty in an amount not to exceed forty thousand 46 dollars and the value of any gift, compensation or benefit received as a 47 result of such violation. 48 (ii) An individual who knowingly and intentionally violates the 49 provisions of paragraph a, b, c, d, e, g, or i of subdivision three of 50 section seventy-four of the public officers law, shall be subject to a 51 civil penalty in an amount not to exceed ten thousand dollars and the 52 value of any gift, compensation or benefit received as a result of such 53 violation. 54 (iii) An individual subject to the jurisdiction of the commission who 55 knowingly and willfully violates article one-A of the legislative law 56 shall be subject to civil penalty as provided for in that article.S. 8006--C 163 A. 9006--C 1 (iv) With respect to a potential violation of any criminal law where 2 the commission finds sufficient cause by a majority vote, it shall refer 3 such matter to the appropriate law enforcement authority for further 4 investigation. 5 (v) In assessing the amount of the civil penalties to be imposed, the 6 commission shall consider the seriousness of the violation, the amount 7 of gain to the individual and whether the individual previously had any 8 civil or criminal penalties imposed pursuant to this section, and any 9 other factors the commission deems appropriate. 10 (vi) A civil penalty for false filing shall not be imposed under this 11 subdivision in the event a category of "value" or "amount" reported 12 hereunder is incorrect unless such reported information is falsely 13 understated. 14 (vii) Notwithstanding any other provision of law to the contrary, no 15 other penalty, civil or criminal may be imposed for a failure to file, 16 or for a false filing, of such statement, or a violation of subdivision 17 six of section seventy-three of the public officers law or section one 18 hundred seven of the civil service law, except that the commission may 19 recommend that the individual in violation of such subdivision or 20 section be disciplined. 21 (o) The commission shall be deemed to be an agency within the meaning 22 of article three of the state administrative procedure act and shall 23 adopt rules governing the conduct of adjudicatory proceedings and 24 appeals taken pursuant to a proceeding commenced under article seventy- 25 eight of the civil practice law and rules relating to the assessment of 26 the civil penalties or the recommendation of employee discipline herein 27 authorized. Such rule shall provide for due process procedural mech- 28 anisms substantially similar to those set forth in article three of the 29 state administrative procedure act but such mechanisms need not be iden- 30 tical in terms or scope. 31 (p) (i) The commission shall have jurisdiction to investigate, but 32 shall have no jurisdiction to impose penalties or discipline upon 33 members of or candidates for member of the legislature or legislative 34 employees for any violation of the public officers law or section one 35 hundred seven of the civil service law. If, after investigation and a 36 due process hearing, the commission has found, by a majority vote, a 37 substantial basis to conclude that a member of the legislature or a 38 legislative employee or candidate for member of the legislature has 39 violated any provisions of such laws, it shall prepare a written report 40 of its findings and provide a copy of that report to the legislative 41 ethics commission, and to such individual in violation of such law. The 42 commission shall provide to the legislative ethics commission copies of 43 the full investigative file and hearing record. 44 (ii) With respect to the investigation of any individual who is not a 45 member of the legislature or a legislative employee or candidate for 46 member of the legislature, if after its investigation and due process 47 hearing, the commission has found, by a majority vote, a substantial 48 basis to conclude that the individual or entity has violated the public 49 officers law, section one hundred seven of the civil service law, or the 50 legislative law, the commission shall determine whether, in addition to 51 or in lieu of any fine authorized by this article, the matter should be 52 referred to their employer for discipline with a warning, admonition, 53 censure, suspension or termination or other appropriate discipline. With 54 regard to statewide elected officials, the commission may not order 55 suspension or termination but may recommend impeachment. The commission 56 shall then issue a report containing its determinations including itsS. 8006--C 164 A. 9006--C 1 findings of fact and conclusions of law to the complainant and respond- 2 ent. The commission shall publish such report on its website within 3 twenty days of its delivery to the complainant and respondent. 4 11. Confidentiality. (a) When an individual becomes a commissioner or 5 staff of the commission, such individual shall be required to sign a 6 non-disclosure statement. 7 (b) Except as otherwise required or provided by law, or when necessary 8 to inform the complainant or respondent of the alleged violation of 9 law, if any, of the status of an investigation, testimony received, or 10 any other information obtained by a commissioner or staff of the commis- 11 sion, shall not be disclosed by any such individual to any person or 12 entity outside of the commission during the pendency of any matter. Any 13 confidential communication to any person or entity outside the commis- 14 sion related to the matters before the commission shall occur only as 15 authorized by the commission. For the purposes of this paragraph, 16 "matter" shall mean any complaint, review, inquiry, or investigation 17 into alleged violations of this chapter. 18 (c) The commission shall establish procedures necessary to prevent the 19 unauthorized disclosure of any information received by any member of the 20 commission or staff of the commission. Any breaches of confidentiality 21 may be investigated by the New York state office of the inspector gener- 22 al, attorney general, or other appropriate law enforcement authority 23 upon a majority vote of the commission to refer, and appropriate action 24 shall be taken. 25 (d) Any commission member or person employed by the commission who 26 intentionally and without authorization releases confidential informa- 27 tion received or generated by the commission shall be guilty of a class 28 A misdemeanor. 29 12. Annual report. (a) The commission shall make an annual public 30 report summarizing the activities of the commission during the previous 31 year and recommending any changes in the laws governing the conduct of 32 persons subject to the jurisdiction of the commission, or the rules, 33 regulations and procedures governing the commission's conduct. Such 34 report shall include, but is not limited to: 35 (i) information on the number and type of complaints received by the 36 commission and the status of such complaints; 37 (ii) information on the number of investigations pending and nature of 38 such investigations; 39 (iii) where a matter has been resolved, the date and nature of the 40 disposition and any sanction imposed; provided, however, that such annu- 41 al report shall not contain any information for which disclosure is not 42 permitted pursuant to this section or other laws; 43 (iv) information regarding financial disclosure compliance for the 44 preceding year; and 45 (v) information regarding lobbying law filing compliance for the 46 preceding year. 47 (b) Such a report shall be filed in the office of the governor and 48 with the legislature on or before the first day of April for the preced- 49 ing year. 50 13. Website. (a) Within one hundred twenty days of the effective date 51 of this section, the commission shall update JCOPE's publicly accessible 52 website which shall set forth the procedure for filing a complaint with 53 the commission, the filing of financial disclosure statements filed by 54 state officers or employees or legislative employees, the filing of 55 statements required by article one-A of the legislative law, and anyS. 8006--C 165 A. 9006--C 1 other records or information which the commission determines to be 2 appropriate. 3 (b) The commission shall post on its website the following documents: 4 (i) the information set forth in an annual statement of financial 5 disclosure filed pursuant to section seventy-three-a of the public offi- 6 cers law except information deleted pursuant to paragraph (g) of subdi- 7 vision nine of this section of statewide elected officials and members 8 of the legislature; 9 (ii) notices of delinquency sent under subdivision nine of this 10 section; 11 (iii) notices of civil assessments imposed under this section which 12 shall include a description of the nature of the alleged wrongdoing, the 13 procedural history of the complaint, the findings and determinations 14 made by the commission, and any sanction imposed; 15 (iv) the terms of any settlement or compromise of a complaint or 16 referral which includes a fine, penalty or other remedy; 17 (v) those required to be held or maintained publicly available pursu- 18 ant to article one-A of the legislative law; and 19 (vi) reports issued by the commission pursuant to this section. 20 14. Additional powers. In addition to any other powers and duties 21 specified by law, the commission shall have the power and duty to admin- 22 ister and enforce all the provisions of this section. 23 15. Severability. If any part or provision of this section or the 24 application thereof to any person or organization is adjudged by a court 25 of competent jurisdiction to be unconstitutional or otherwise invalid, 26 such judgment shall not affect or impair any other part or provision or 27 the application thereof to any other person or organization, but shall 28 be confined in its operation to such part or provision. 29 § 3. Subdivision (f) of section 1-c of the legislative law, as amended 30 by chapter 14 of the laws of 2007, is amended to read as follows: 31 (f) The term "commission" shall mean the commission on [public integ-32rity] ethics and lobbying in government created by section ninety-four 33 of the executive law. 34 § 4. Subdivisions 7, 9, 10, 12 and 13 of section 80 of the legislative 35 law, subdivisions 7, 9, 12 and 13 as amended and subdivision 10 as added 36 by section 9 of part A of chapter 399 of the laws of 2011, are amended 37 to read as follows: 38 7. The commission shall: 39 a. Appoint an executive director who shall act in accordance with the 40 policies of the commission, provided that the commission may remove the 41 executive director for neglect of duty, misconduct in office, or inabil- 42 ity or failure to discharge the powers or duties of office; 43 b. Appoint such other staff as are necessary to assist it to carry out 44 its duties under this section; 45 c. Adopt, amend, and rescind policies, rules and regulations consist- 46 ent with this section to govern procedures of the commission which shall 47 not be subject to the promulgation and hearing requirements of the state 48 administrative procedure act; 49 d. Administer the provisions of this section; 50 e. Specify the procedures whereby a person who is required to file an 51 annual financial disclosure statement with the commission may request an 52 additional period of time within which to file such statement, due to 53 justifiable cause or undue hardship; such rules or regulations shall 54 provide for a date beyond which in all cases of justifiable cause or 55 undue hardship no further extension of time will be granted;S. 8006--C 166 A. 9006--C 1 f. Promulgate guidelines to assist appointing authorities in determin- 2 ing which persons hold policy-making positions for purposes of section 3 seventy-three-a of the public officers law and may promulgate guidelines 4 to assist firms, associations and corporations in separating affected 5 persons from net revenues for purposes of subdivision ten of section 6 seventy-three of the public officers law, and promulgate guidelines to 7 assist any firm, association or corporation in which any present or 8 former statewide elected official, state officer or employee, member of 9 the legislature or legislative employee, or political party [chairman] 10 chair is a member, associate, retired member, of counsel or shareholder, 11 in complying with the provisions of subdivision ten of section seventy- 12 three of the public officers law with respect to the separation of such 13 present or former statewide elected official, state officer or employee, 14 member of the legislature or legislative employee, or political party 15 [chairman] chair from the net revenues of the firm, association or 16 corporation. Such firm, association or corporation shall not be required 17 to adopt the procedures contained in the guidelines to establish compli- 18 ance with subdivision ten of section seventy-three of the public offi- 19 cers law, but if such firm, association or corporation does adopt such 20 procedures, it shall be deemed to be in compliance with such subdivision 21 ten; 22 g. Make available forms for financial disclosure statements required 23 to be filed pursuant to subdivision six of section seventy-three and 24 section seventy-three-a of the public officers law as provided by the 25 [joint] commission on [public] ethics and lobbying in government; 26 h. Review financial disclosure statements in accordance with the 27 provisions of this section, provided however, that the commission may 28 delegate all or part of the review function relating to financial 29 disclosure statements filed by legislative employees pursuant to 30 sections seventy-three and seventy-three-a of the public officers law to 31 the executive director who shall be responsible for completing staff 32 review of such statements in a manner consistent with the terms of the 33 commission's delegation; 34 i. Upon written request from any person who is subject to the juris- 35 diction of the commission and the requirements of sections seventy- 36 three, seventy-three-a and seventy-four of the public officers law, 37 render formal advisory opinions on the requirements of said provisions. 38 A formal written opinion rendered by the commission, until and unless 39 amended or revoked, shall be binding on the legislative ethics commis- 40 sion in any subsequent proceeding concerning the person who requested 41 the opinion and who acted in good faith, unless material facts were 42 omitted or misstated by the person in the request for an opinion. Such 43 opinion may also be relied upon by such person, and may be introduced 44 and shall be a defense in any criminal or civil action. The [joint] 45 commission on [public] ethics and lobbying in government shall not 46 investigate an individual for potential violations of law based upon 47 conduct approved and covered in its entirety by such an opinion, except 48 that such opinion shall not prevent or preclude an investigation of and 49 report to the legislative ethics commission concerning the conduct of 50 the person who obtained it by the [joint] commission on [public] ethics 51 and lobbying in government for violations of section seventy-three, 52 seventy-three-a or seventy-four of the public officers law to determine 53 whether the person accurately and fully represented to the legislative 54 ethics commission the facts relevant to the formal advisory opinion and 55 whether the person's conduct conformed to those factual representations. 56 The [joint] commission on ethics and lobbying in government shall beS. 8006--C 167 A. 9006--C 1 authorized and shall have jurisdiction to investigate potential 2 violations of the law arising from conduct outside of the scope of the 3 terms of the advisory opinion; and 4 j. Issue and publish generic advisory opinions covering questions 5 frequently posed to the commission, or questions common to a class or 6 defined category of persons, or that will tend to prevent undue repe- 7 tition of requests or undue complication, and which are intended to 8 provide general guidance and information to persons subject to the 9 commission's jurisdiction; 10 k. Develop educational materials and training with regard to legisla- 11 tive ethics for members of the legislature and legislative employees 12 including an online ethics orientation course for newly-hired employees 13 and, as requested by the senate or the assembly, materials and training 14 in relation to a comprehensive ethics training program; and 15 l. Prepare an annual report to the governor and legislature summariz- 16 ing the activities of the commission during the previous year and recom- 17 mending any changes in the laws governing the conduct of persons subject 18 to the jurisdiction of the commission, or the rules, regulations and 19 procedures governing the commission's conduct. Such report shall 20 include: (i) a listing by assigned number of each complaint and report 21 received from the [joint] commission on [public] ethics and lobbying in 22 government which alleged a possible violation within its jurisdiction, 23 including the current status of each complaint, and (ii) where a matter 24 has been resolved, the date and nature of the disposition and any sanc- 25 tion imposed, subject to the confidentiality requirements of this 26 section. Such annual report shall not contain any information for which 27 disclosure is not permitted pursuant to subdivision twelve of this 28 section. 29 9. (a) An individual subject to the jurisdiction of the commission 30 with respect to the imposition of penalties who knowingly and inten- 31 tionally violates the provisions of subdivisions two through five-a, 32 seven, eight, twelve, fourteen or fifteen of section seventy-three of 33 the public officers law or a reporting individual who knowingly and 34 wilfully fails to file an annual statement of financial disclosure or 35 who knowingly and wilfully with intent to deceive makes a false state- 36 ment or gives information which such individual knows to be false on 37 such statement of financial disclosure filed pursuant to section seven- 38 ty-three-a of the public officers law shall be subject to a civil penal- 39 ty in an amount not to exceed forty thousand dollars and the value of 40 any gift, compensation or benefit received as a result of such 41 violation. Any such individual who knowingly and intentionally violates 42 the provisions of paragraph a, b, c, d, e, g, or i of subdivision three 43 of section seventy-four of the public officers law shall be subject to a 44 civil penalty in an amount not to exceed ten thousand dollars and the 45 value of any gift, compensation or benefit received as a result of such 46 violation. Assessment of a civil penalty hereunder shall be made by the 47 commission with respect to persons subject to its jurisdiction. In 48 assessing the amount of the civil penalties to be imposed, the commis- 49 sion shall consider the seriousness of the violation, the amount of gain 50 to the individual and whether the individual previously had any civil or 51 criminal penalties imposed pursuant to this section, and any other 52 factors the commission deems appropriate. For a violation of this 53 section, other than for conduct which constitutes a violation of subdi- 54 vision twelve, fourteen or fifteen of section seventy-three or section 55 seventy-four of the public officers law, the legislative ethics commis- 56 sion may, in lieu of or in addition to a civil penalty, refer aS. 8006--C 168 A. 9006--C 1 violation to the appropriate prosecutor and upon such conviction, but 2 only after such referral, such violation shall be punishable as a class 3 A misdemeanor. Where the commission finds sufficient cause, it shall 4 refer such matter to the appropriate prosecutor. A civil penalty for 5 false filing may not be imposed hereunder in the event a category of 6 "value" or "amount" reported hereunder is incorrect unless such reported 7 information is falsely understated. Notwithstanding any other provision 8 of law to the contrary, no other penalty, civil or criminal may be 9 imposed for a failure to file, or for a false filing, of such statement, 10 or a violation of subdivision six of section seventy-three of the public 11 officers law, except that the appointing authority may impose discipli- 12 nary action as otherwise provided by law. The legislative ethics commis- 13 sion shall be deemed to be an agency within the meaning of article three 14 of the state administrative procedure act and shall adopt rules govern- 15 ing the conduct of adjudicatory proceedings and appeals taken pursuant 16 to a proceeding commenced under article seventy-eight of the civil prac- 17 tice law and rules relating to the assessment of the civil penalties 18 herein authorized. Such rules, which shall not be subject to the promul- 19 gation and hearing requirements of the state administrative procedure 20 act, shall provide for due process procedural mechanisms substantially 21 similar to those set forth in such article three but such mechanisms 22 need not be identical in terms or scope. Assessment of a civil penalty 23 shall be final unless modified, suspended or vacated within thirty days 24 of imposition, with respect to the assessment of such penalty, or unless 25 such denial of request is reversed within such time period, and upon 26 becoming final shall be subject to review at the instance of the 27 affected reporting individuals in a proceeding commenced against the 28 legislative ethics commission, pursuant to article seventy-eight of the 29 civil practice law and rules. 30 (b) Not later than [forty-five] twenty calendar days after receipt 31 from the [joint] commission on [public] ethics and lobbying in govern- 32 ment of a written substantial basis investigation report and any 33 supporting documentation or other materials regarding a matter before 34 the commission pursuant to [subdivision fourteen-a of] section ninety- 35 four of the executive law, unless requested by a law enforcement agency 36 to suspend the commission's action because of an ongoing criminal inves- 37 tigation, the legislative ethics commission shall make public such 38 report in its entirety; provided, however, that the commission may with- 39 hold such information for not more than one additional period of the 40 same duration or refer the matter back to the [joint] commission on 41 [public] ethics and lobbying in government once for additional investi- 42 gation, in which case the legislative ethics commission shall, upon the 43 termination of such additional period or upon receipt of a new report by 44 the [joint] commission on [public] ethics and lobbying in government 45 after such additional investigation, make public the written report and 46 publish it on the commission's website. If the legislative ethics 47 commission fails to make public the written report received from the 48 [joint] commission on ethics and lobbying in government in accordance 49 with this paragraph, the [joint] commission on ethics and lobbying in 50 government shall release such report publicly promptly and in any event 51 no later than ten days after the legislative ethics commission is 52 required to release such report. The legislative ethics commission shall 53 not refer the matter back to the [joint] commission on [public] ethics 54 and lobbying in government for additional investigation more than once. 55 If the commission refers the matter back to the [joint] commission on 56 ethics and lobbying in government for additional fact-finding, theS. 8006--C 169 A. 9006--C 1 [joint commission's] commission on ethics and lobbying in government's 2 original report shall remain confidential. 3 10. Upon receipt of a written report from the [joint] commission on 4 [public] ethics and lobbying in government pursuant to subdivision four- 5 teen-a of section seventy-three of the public officers law, the legisla- 6 tive ethics commission shall commence its review of the matter addressed 7 in such report. No later than ninety days after receipt of such report, 8 the legislative ethics commission shall dispose of the matter by making 9 one or more of the following determinations: 10 a. whether the legislative ethics commission concurs with the [joint11commission's] commission on ethics and lobbying in government's conclu- 12 sions of law and the reasons therefor; 13 b. whether and which penalties have been assessed pursuant to applica- 14 ble law or rule and the reasons therefor; and 15 c. whether further actions have been taken by the commission to punish 16 or deter the misconduct at issue and the reasons therefor. 17 The commission's disposition shall be reported in writing and 18 published on its website no later than ten days after such disposition 19 unless requested by a law enforcement agency to suspend the commission's 20 action because of an ongoing criminal investigation. 21 12. a. Notwithstanding the provisions of article six of the public 22 officers law, the only records of the commission which shall be avail- 23 able for public inspection and copying are: 24 (1) the terms of any settlement or compromise of a complaint or refer- 25 ral or report which includes a fine, penalty or other remedy reached 26 after the commission has received a report from the [joint] commission 27 on [public] ethics and lobbying in government pursuant to [subdivision28fourteen-a of] section ninety-four of the executive law; 29 (2) generic advisory opinions; 30 (3) all reports required by this section; and 31 (4) all reports received from the [joint] commission on [public] 32 ethics and lobbying in government pursuant to [subdivision fourteen-a33of] section ninety-four of the executive law and in conformance with 34 paragraph (b) of subdivision [nine-b] nine of this section. 35 b. Notwithstanding the provisions of article seven of the public offi- 36 cers law, no meeting or proceeding of the commission shall be open to 37 the public, except if expressly provided otherwise by this section or 38 the commission. 39 13. Within one hundred twenty days of the effective date of this 40 subdivision, the commission shall create and thereafter maintain a 41 publicly accessible website which shall set forth the procedure for 42 filing a complaint with the [joint] commission on [public] ethics and 43 lobbying in government, and which shall contain any other records or 44 information which the commission determines to be appropriate. 45 § 5. Paragraphs (c), (d) and (d-1) of subdivision 1 of section 73-a of 46 the public officers law, paragraphs (c) and (d) as amended and paragraph 47 (d-1) as added by section 5 of part A of chapter 399 of the laws of 48 2011, are amended to read as follows: 49 (c) The term "state officer or employee" shall mean: 50 (i) heads of state departments and their deputies and assistants; 51 (ii) officers and employees of statewide elected officials, officers 52 and employees of state departments, boards, bureaus, divisions, commis- 53 sions, councils or other state agencies, who receive annual compensation 54 in excess of the filing rate established by paragraph (l) of this subdi- 55 vision or who hold policy-making positions, as annually determined by 56 the appointing authority and set forth in a written instrument whichS. 8006--C 170 A. 9006--C 1 shall be filed with the [joint] commission on [public] ethics and lobby- 2 ing in government established by section ninety-four of the executive 3 law during the month of February, provided, however, that the appointing 4 authority shall amend such written instrument after such date within 5 thirty days after the undertaking of policy-making responsibilities by a 6 new employee or any other employee whose name did not appear on the most 7 recent written instrument; and 8 (iii) members or directors of public authorities, other than multi- 9 state authorities, public benefit corporations and commissions at least 10 one of whose members is appointed by the governor, and employees of such 11 authorities, corporations and commissions who receive annual compen- 12 sation in excess of the filing rate established by paragraph (l) of this 13 subdivision or who hold policy-making positions, as determined annually 14 by the appointing authority and set forth in a written instrument which 15 shall be filed with the [joint] commission on [public] ethics and lobby- 16 ing in government established by section ninety-four of the executive 17 law during the month of February, provided, however, that the appointing 18 authority shall amend such written instrument after such date within 19 thirty days after the undertaking of policy-making responsibilities by a 20 new employee or any other employee whose name did not appear on the most 21 recent written instrument. 22 (d) The term "legislative employee" shall mean any officer or employee 23 of the legislature who receives annual compensation in excess of the 24 filing rate established by paragraph (l) below or who is determined to 25 hold a policy-making position by the appointing authority as set forth 26 in a written instrument which shall be filed with the legislative ethics 27 commission and the [joint] commission on [public] ethics and lobbying in 28 government. 29 (d-1) A financial disclosure statement required pursuant to section 30 seventy-three of this article and this section shall be deemed "filed" 31 with the [joint] commission on [public] ethics and lobbying in govern- 32 ment upon its filing, in accordance with this section, with the legisla- 33 tive ethics commission for all purposes including, but not limited to, 34 [subdivision fourteen of] section ninety-four of the executive law, 35 subdivision nine of section eighty of the legislative law and subdivi- 36 sion four of this section. 37 § 6. Subdivision 1 of section 73-a of the public officers law is 38 amended by adding a new paragraph (e-1) to read as follows: 39 (e-1) The term "domestic partner" shall mean a person who, with 40 respect to another person, is formally a party in a domestic partnership 41 or similar relationship with the other person, entered into pursuant to 42 the laws of the United States or any state, local or foreign jurisdic- 43 tion, or registered as the domestic partner of the other person with any 44 registry maintained by the employer of either party or any state, muni- 45 cipality, or foreign jurisdiction. 46 § 7. Subdivision 2 of section 73-a of the public officers law, as 47 amended by section 5 of part A of chapter 399 of the laws of 2011, is 48 amended to read as follows: 49 2. (a) Every statewide elected official, state officer or employee, 50 member of the legislature, legislative employee and political party 51 [chairman] chair and every candidate for statewide elected office or for 52 member of the legislature shall file an annual statement of financial 53 disclosure containing the information and in the form set forth in 54 subdivision three of this section. On or before the fifteenth day of May 55 with respect to the preceding calendar year: (1) every member of the 56 legislature, every candidate for member of the legislature and legisla-S. 8006--C 171 A. 9006--C 1 tive employee shall file such statement with the legislative ethics 2 commission which shall provide such statement along with any requests 3 for exemptions or deletions to the [joint] commission on [public] ethics 4 and lobbying in government for filing and rulings with respect to such 5 requests for exemptions or deletions, on or before the thirtieth day of 6 June; and (2) all other individuals required to file such statement 7 shall file it with the [joint] commission on [public] ethics and lobby- 8 ing in government, except that: 9 (i) a person who is subject to the reporting requirements of this 10 subdivision and who timely filed with the internal revenue service an 11 application for automatic extension of time in which to file his or her 12 individual income tax return for the immediately preceding calendar or 13 fiscal year shall be required to file such financial disclosure state- 14 ment on or before May fifteenth but may, without being subjected to any 15 civil penalty on account of a deficient statement, indicate with respect 16 to any item of the disclosure statement that information with respect 17 thereto is lacking but will be supplied in a supplementary statement of 18 financial disclosure, which shall be filed on or before the seventh day 19 after the expiration of the period of such automatic extension of time 20 within which to file such individual income tax return, provided that 21 failure to file or to timely file such supplementary statement of finan- 22 cial disclosure or the filing of an incomplete or deficient supplementa- 23 ry statement of financial disclosure shall be subject to the notice and 24 penalty provisions of this section respecting annual statements of 25 financial disclosure as if such supplementary statement were an annual 26 statement; 27 (ii) a person who is required to file an annual financial disclosure 28 statement with the [joint] commission on [public] ethics and lobbying in 29 government, and who is granted an additional period of time within which 30 to file such statement due to justifiable cause or undue hardship, in 31 accordance with required rules and regulations [on the subject] adopted 32 pursuant to [paragraph c of subdivision nine of] section ninety-four of 33 the executive law shall file such statement within the additional period 34 of time granted; and the legislative ethics commission shall notify the 35 [joint] commission on [public] ethics and lobbying in government of any 36 extension granted pursuant to this paragraph; 37 (iii) candidates for statewide office who receive a party designation 38 for nomination by a state committee pursuant to section 6-104 of the 39 election law shall file such statement within ten days after the date of 40 the meeting at which they are so designated; 41 (iv) candidates for statewide office who receive twenty-five percent 42 or more of the vote cast at the meeting of the state committee held 43 pursuant to section 6-104 of the election law and who demand to have 44 their names placed on the primary ballot and who do not withdraw within 45 fourteen days after such meeting shall file such statement within ten 46 days after the last day to withdraw their names in accordance with the 47 provisions of such section of the election law; 48 (v) candidates for statewide office and candidates for member of the 49 legislature who file party designating petitions for nomination at a 50 primary election shall file such statement within ten days after the 51 last day allowed by law for the filing of party designating petitions 52 naming them as candidates for the next succeeding primary election; 53 (vi) candidates for independent nomination who have not been desig- 54 nated by a party to receive a nomination shall file such statement with- 55 in ten days after the last day allowed by law for the filing of inde-S. 8006--C 172 A. 9006--C 1 pendent nominating petitions naming them as candidates in the next 2 succeeding general or special election; 3 (vii) candidates who receive the nomination of a party for a special 4 election shall file such statement within ten days after the date of the 5 meeting of the party committee at which they are nominated; 6 (viii) a candidate substituted for another candidate, who fills a 7 vacancy in a party designation or in an independent nomination, caused 8 by declination, shall file such statement within ten days after the last 9 day allowed by law to file a certificate to fill a vacancy in such party 10 designation or independent nomination; 11 (ix) with respect to all candidates for member of the legislature, the 12 legislative ethics commission shall within five days of receipt provide 13 the [joint] commission on [public] ethics and lobbying in government the 14 statement filed pursuant to subparagraphs (v), (vi), (vii) and (viii) of 15 this paragraph. 16 (b) As used in this subdivision, the terms "party", "committee" (when 17 used in conjunction with the term "party"), "designation", "primary", 18 "primary election", "nomination", "independent nomination" and "ballot" 19 shall have the same meanings as those contained in section 1-104 of the 20 election law. 21 (c) If the reporting individual is a senator or member of assembly, 22 candidate for the senate or member of assembly or a legislative employ- 23 ee, such statement shall be filed with both the legislative ethics 24 commission established by section eighty of the legislative law and the 25 [joint] commission on [public] ethics and lobbying in government in 26 accordance with paragraph (d-1) of subdivision one of this section. If 27 the reporting individual is a statewide elected official, candidate for 28 statewide elected office, a state officer or employee or a political 29 party [chairman] chair, such statement shall be filed with the [joint] 30 commission on [public] ethics and lobbying in government established by 31 section ninety-four of the executive law. 32 (d) The [joint] commission on [public] ethics and lobbying in govern- 33 ment shall obtain from the state board of elections a list of all candi- 34 dates for statewide office and for member of the legislature, and from 35 such list, shall determine and publish a list of those candidates who 36 have not, within ten days after the required date for filing such state- 37 ment, filed the statement required by this subdivision. 38 (e) Any person required to file such statement who commences employ- 39 ment after May fifteenth of any year and political party [chairman] 40 chair shall file such statement within thirty days after commencing 41 employment or of taking the position of political party [chairman] 42 chair, as the case may be. In the case of members of the legislature and 43 legislative employees, such statements shall be filed with the legisla- 44 tive ethics commission within thirty days after commencing employment, 45 and the legislative ethics commission shall provide such statements to 46 the [joint] commission on [public] ethics and lobbying in government 47 within forty-five days of receipt. 48 (f) A person who may otherwise be required to file more than one annu- 49 al financial disclosure statement with both the [joint] commission on 50 [public] ethics and lobbying in government and the legislative ethics 51 commission in any one calendar year may satisfy such requirement by 52 filing one such statement with either body and by notifying the other 53 body of such compliance. 54 (g) A person who is employed in more than one employment capacity for 55 one or more employers certain of whose officers and employees are 56 subject to filing a financial disclosure statement with the same ethicsS. 8006--C 173 A. 9006--C 1 commission, as the case may be, and who receives distinctly separate 2 payments of compensation for such employment shall be subject to the 3 filing requirements of this section if the aggregate annual compensation 4 for all such employment capacities is in excess of the filing rate 5 notwithstanding that such person would not otherwise be required to file 6 with respect to any one particular employment capacity. A person not 7 otherwise required to file a financial disclosure statement hereunder 8 who is employed by an employer certain of whose officers or employees 9 are subject to filing a financial disclosure statement with the [joint] 10 commission on [public] ethics and lobbying in government and who is also 11 employed by an employer certain of whose officers or employees are 12 subject to filing a financial disclosure statement with the legislative 13 ethics commission shall not be subject to filing such statement with 14 either such commission on the basis that his aggregate annual compen- 15 sation from all such employers is in excess of the filing rate. 16 (h) A statewide elected official or member of the legislature, who is 17 simultaneously a candidate for statewide elected office or member of the 18 legislature, shall satisfy the filing deadline requirements of this 19 subdivision by complying only with the deadline applicable to one who 20 holds a statewide elected office or who holds the office of member of 21 the legislature. 22 (i) A candidate whose name will appear on both a party designating 23 petition and on an independent nominating petition for the same office 24 or who will be listed on the election ballot for the same office more 25 than once shall satisfy the filing deadline requirements of this subdi- 26 vision by complying with the earliest applicable deadline only. 27 (j) A member of the legislature who is elected to such office at a 28 special election prior to May fifteenth in any year shall satisfy the 29 filing requirements of this subdivision in such year by complying with 30 the earliest applicable deadline only. 31 (k) The [joint] commission on [public] ethics and lobbying in govern- 32 ment shall post for at least five years beginning for filings made on 33 January first, two thousand thirteen the annual statement of financial 34 disclosure and any amendments filed by each person subject to the 35 reporting requirements of this subdivision who is an elected official on 36 its website for public review within thirty days of its receipt of such 37 statement or within ten days of its receipt of such amendment that 38 reflects any corrections of deficiencies identified by the commission or 39 by the reporting individual after the reporting individual's initial 40 filing. Except upon an individual determination by the commission that 41 certain information may be deleted from a reporting individual's annual 42 statement of financial disclosure, none of the information in the state- 43 ment posted on the commission's website shall be otherwise deleted. 44 § 8. Subparagraphs (b), (b-2) and (c) of paragraph 8 of subdivision 3 45 of section 73-a of the public officers law, as amended by section 6 of 46 part K of chapter 286 of the laws of 2016, are amended to read as 47 follows: 48 (b) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE 49 PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE AND BEFORE DECEMBER 50 THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR FOR NEW MATTERS FOR EXISTING 51 CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT ARE PROVIDED ON 52 OR AFTER JULY FIRST, TWO THOUSAND TWELVE AND BEFORE DECEMBER 53 THIRTY-FIRST, TWO THOUSAND FIFTEEN: 54 If the reporting individual personally provides services to any person 55 or entity, or works as a member or employee of a partnership or corpo- 56 ration that provides such services (referred to hereinafter as aS. 8006--C 174 A. 9006--C 1 "firm"), then identify each client or customer to whom the reporting 2 individual personally provided services, or who was referred to the firm 3 by the reporting individual, and from whom the reporting individual or 4 his or her firm earned fees in excess of $10,000 during the reporting 5 period for such services rendered in direct connection with: 6 (i) A contract in an amount totaling $50,000 or more from the state or 7 any state agency for services, materials, or property; 8 (ii) A grant of $25,000 or more from the state or any state agency 9 during the reporting period; 10 (iii) A grant obtained through a legislative initiative during the 11 reporting period; or 12 (iv) A case, proceeding, application or other matter that is not a 13 ministerial matter before a state agency during the reporting period. 14 For purposes of this question, "referred to the firm" shall mean: 15 having intentionally and knowingly taken a specific act or series of 16 acts to intentionally procure for the reporting individual's firm or 17 knowingly solicit or direct to the reporting individual's firm in whole 18 or substantial part, a person or entity that becomes a client of that 19 firm for the purposes of representation for a matter as defined in 20 subparagraphs (i) through (iv) of this paragraph, as the result of such 21 procurement, solicitation or direction of the reporting individual. A 22 reporting individual need not disclose activities performed while 23 lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivi- 24 sion seven of section seventy-three of this article. 25 The disclosure requirement in this question shall not require disclo- 26 sure of clients or customers receiving medical or dental services, 27 mental health services, residential real estate brokering services, or 28 insurance brokering services from the reporting individual or his or her 29 firm. The reporting individual need not identify any client to whom he 30 or she or his or her firm provided legal representation with respect to 31 investigation or prosecution by law enforcement authorities, bankruptcy, 32 or domestic relations matters. With respect to clients represented in 33 other matters, where disclosure of a client's identity is likely to 34 cause harm, the reporting individual shall request an exemption from the 35 [joint] commission on ethics and lobbying in government pursuant to 36 [paragraph (i-1) of subdivision nine of] section ninety-four of the 37 executive law, provided, however, that a reporting individual who first 38 enters public office after July first, two thousand twelve, need not 39 report clients or customers with respect to matters for which the 40 reporting individual or his or her firm was retained prior to entering 41 public office. 42 Client Nature of Services Provided 43 ________________________________________________________________________ 44 ________________________________________________________________________ 45 ________________________________________________________________________ 46 ________________________________________________________________________ 47 ________________________________________________________________________ 48 (b-2) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES 49 ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR 50 FOR NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE 51 SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOU- 52 SAND FIFTEEN (FOR PURPOSES OF THIS QUESTION, "SERVICES" SHALL MEAN 53 CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES): 54 (i) With respect to reporting individuals who receive ten thousand 55 dollars or more from employment or activity reportable under questionS. 8006--C 175 A. 9006--C 1 8(a), for each client or customer NOT otherwise disclosed or exempted in 2 question 8 or 13, disclose the name of each client or customer known to 3 the reporting individual to whom the reporting individual provided 4 services: (A) who paid the reporting individual in excess of five thou- 5 sand dollars for such services; or (B) who had been billed with the 6 knowledge of the reporting individual in excess of five thousand dollars 7 by the firm or other entity named in question 8(a) for the reporting 8 individual's services. 9 Client Services Category of Amount 10 Actually Provided (in Table I) ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 11 FOLLOWING IS AN ILLUSTRATIVE, NON-EXCLUSIVE LIST OF EXAMPLES OF 12 DESCRIPTIONS OF "SERVICES ACTUALLY PROVIDED": 13 * REVIEWED DOCUMENTS AND CORRESPONDENCE; 14 * REPRESENTED CLIENT (IDENTIFY CLIENT BY NAME) IN LEGAL PROCEEDING; 15 * PROVIDED LEGAL ADVICE ON CLIENT MATTER (IDENTIFY CLIENT BY NAME); 16 * CONSULTED WITH CLIENT OR CONSULTED WITH LAW PARTNERS/ASSOCIATES/MEMBERS 17 OF FIRM ON CLIENT MATTER (IDENTIFY CLIENT BY NAME); 18 * PREPARED CERTIFIED FINANCIAL STATEMENT FOR CLIENT (IDENTIFY CLIENT BY 19 NAME); 20 * REFERRED INDIVIDUAL OR ENTITY (IDENTIFY CLIENT BY NAME) FOR 21 REPRESENTATION OR CONSULTATION; 22 * COMMERCIAL BROKERING SERVICES (IDENTIFY CUSTOMER BY NAME); 23 * PREPARED CERTIFIED ARCHITECTURAL OR ENGINEERING 24 RENDERINGS FOR CLIENT (IDENTIFY CUSTOMER BY NAME); 25 * COURT APPOINTED GUARDIAN OR EVALUATOR (IDENTIFY COURT NOT CLIENT). 26 (ii) With respect to reporting individuals who disclosed in question 27 8(a) that the reporting individual did not provide services to a client 28 but provided services to a firm or business, identify the category of 29 amount received for providing such services and describe the services 30 rendered. 31 Services Actually Provided Category of Amount (Table I) ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 32 A reporting individual need not disclose activities performed while 33 lawfully acting in his or her capacity as provided in paragraphs (c), 34 (d), (e) and (f) of subdivision seven of section seventy-three of this 35 article. 36 The disclosure requirement in questions (b-1) and (b-2) shall not 37 require disclosing clients or customers receiving medical, pharmaceu- 38 tical or dental services, mental health services, or residential real 39 estate brokering services from the reporting individual or his or her 40 firm or if federal law prohibits or limits disclosure. The reporting 41 individual need not identify any client to whom he or she or his or her 42 firm provided legal representation with respect to investigation or 43 prosecution by law enforcement authorities, bankruptcy, family court, 44 estate planning, or domestic relations matters, nor shall the reporting 45 individual identify individuals represented pursuant to an insurance 46 policy but the reporting individual shall in such circumstances only 47 report the entity that provides compensation to the reporting individ-S. 8006--C 176 A. 9006--C 1 ual; with respect to matters in which the client's name is required by 2 law to be kept confidential (such as matters governed by the family 3 court act) or in matters in which the reporting individual represents or 4 provides services to minors, the client's name may be replaced with 5 initials. To the extent that the reporting individual, or his or her 6 firm, provided legal representation with respect to an initial public 7 offering, and professional disciplinary rules, federal law or regu- 8 lations restrict the disclosure of information relating to such work, 9 the reporting individual shall (i) disclose the identity of the client 10 and the services provided relating to the initial public offering to the 11 office of court administration, who will maintain such information 12 confidentially in a locked box; and (ii) include in his or her response 13 to questions (b-1) and (b-2) that pursuant to this paragraph, a disclo- 14 sure to the office of court administration has been made. Upon such time 15 that the disclosure of information maintained in the locked box is no 16 longer restricted by professional disciplinary rules, federal law or 17 regulation, the reporting individual shall disclose such information in 18 an amended disclosure statement in response to the disclosure require- 19 ments in questions (b-1) and (b-2). The office of court administration 20 shall develop and maintain a secure portal through which information 21 submitted to it pursuant to this paragraph can be safely and confiden- 22 tially stored. With respect to clients represented in other matters not 23 otherwise exempt, the reporting individual may request an exemption to 24 publicly disclosing the name of that client from the [joint] commission 25 on ethics and lobbying in government pursuant to [paragraph (i-1) of26subdivision nine of] section ninety-four of the executive law, or from 27 the office of court administration. In such application, the reporting 28 individual shall state the following: "My client is not currently 29 receiving my services or seeking my services in connection with: 30 (i) A proposed bill or resolution in the senate or assembly during the 31 reporting period; 32 (ii) A contract in an amount totaling $10,000 or more from the state 33 or any state agency for services, materials, or property; 34 (iii) A grant of $10,000 or more from the state or any state agency 35 during the reporting period; 36 (iv) A grant obtained through a legislative initiative during the 37 reporting period; or 38 (v) A case, proceeding, application or other matter that is not a 39 ministerial matter before a state agency during the reporting period." 40 In reviewing the request for an exemption, the [joint] commission on 41 ethics and lobbying in government or the office of court administration 42 may consult with bar or other professional associations and the legisla- 43 tive ethics commission for individuals subject to its jurisdiction and 44 may consider the rules of professional conduct. In making its determi- 45 nation, the [joint] commission on ethics and lobbying in government or 46 the office of court administration shall conduct its own inquiry and 47 shall consider factors including, but not limited to: (i) the nature and 48 the size of the client; (ii) whether the client has any business before 49 the state; and if so, how significant the business is; and whether the 50 client has any particularized interest in pending legislation and if so 51 how significant the interest is; (iii) whether disclosure may reveal 52 trade secrets; (iv) whether disclosure could reasonably result in retal- 53 iation against the client; (v) whether disclosure may cause undue harm 54 to the client; (vi) whether disclosure may result in undue harm to the 55 attorney-client relationship; and (vii) whether disclosure may result in 56 an unnecessary invasion of privacy to the client.S. 8006--C 177 A. 9006--C 1 The [joint] commission on ethics and lobbying in government or, as the 2 case may be, the office of court administration shall promptly make a 3 final determination in response to such request, which shall include an 4 explanation for its determination. The office of court administration 5 shall issue its final determination within three days of receiving the 6 request. Notwithstanding any other provision of law or any professional 7 disciplinary rule to the contrary, the disclosure of the identity of any 8 client or customer in response to this question shall not constitute 9 professional misconduct or a ground for disciplinary action of any kind, 10 or form the basis for any civil or criminal cause of action or proceed- 11 ing. A reporting individual who first enters public office after January 12 first, two thousand sixteen, need not report clients or customers with 13 respect to matters for which the reporting individual or his or her firm 14 was retained prior to entering public office. 15 (c) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE 16 PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR FOR 17 NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE 18 SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOU- 19 SAND FIFTEEN: 20 If the reporting individual receives income of ten thousand dollars or 21 greater from any employment or activity reportable under question 8(a), 22 identify each registered lobbyist who has directly referred to such 23 individual a client who was successfully referred to the reporting indi- 24 vidual's business and from whom the reporting individual or firm 25 received a fee for services in excess of five thousand dollars. Report 26 only those referrals that were made to a reporting individual by direct 27 communication from a person known to such reporting individual to be a 28 registered lobbyist at the time the referral is made. With respect to 29 each such referral, the reporting individual shall identify the client, 30 the registered lobbyist who has made the referral, the category of value 31 of the compensation received and a general description of the type of 32 matter so referred. A reporting individual need not disclose activities 33 performed while lawfully acting pursuant to paragraphs (c), (d), (e) and 34 (f) of subdivision seven of section seventy-three of this article. The 35 disclosure requirements in this question shall not require disclosing 36 clients or customers receiving medical, pharmaceutical or dental 37 services, mental health services, or residential real estate brokering 38 services from the reporting individual or his or her firm or if federal 39 law prohibits or limits disclosure. The reporting individual need not 40 identify any client to whom he or she or his or her firm provided legal 41 representation with respect to investigation or prosecution by law 42 enforcement authorities, bankruptcy, family court, estate planning, or 43 domestic relations matters, nor shall the reporting individual identify 44 individuals represented pursuant to an insurance policy but the report- 45 ing individual shall in such circumstances only report the entity that 46 provides compensation to the reporting individual; with respect to 47 matters in which the client's name is required by law to be kept confi- 48 dential (such as matters governed by the family court act) or in matters 49 in which the reporting individual represents or provides services to 50 minors, the client's name may be replaced with initials. To the extent 51 that the reporting individual, or his or her firm, provided legal repre- 52 sentation with respect to an initial public offering, and federal law or 53 regulations restricts the disclosure of information relating to such 54 work, the reporting individual shall (i) disclose the identity of the 55 client and the services provided relating to the initial public offering 56 to the office of court administration, who will maintain such informa-S. 8006--C 178 A. 9006--C 1 tion confidentially in a locked box; and (ii) include in his or her 2 response a statement that pursuant to this paragraph, a disclosure to 3 the office of court administration has been made. Upon such time that 4 the disclosure of information maintained in the locked box is no longer 5 restricted by federal law or regulation, the reporting individual shall 6 disclose such information in an amended disclosure statement in response 7 to the disclosure requirements of this paragraph. The office of court 8 administration shall develop and maintain a secure portal through which 9 information submitted to it pursuant to this paragraph can be safely and 10 confidentially stored. With respect to clients represented in other 11 matters not otherwise exempt, the reporting individual may request an 12 exemption to publicly disclosing the name of that client from the 13 [joint] commission on ethics and lobbying in government pursuant to 14 [paragraph (i-1) of subdivision nine of] section ninety-four of the 15 executive law, or from the office of court administration. In such 16 application, the reporting individual shall state the following: "My 17 client is not currently receiving my services or seeking my services in 18 connection with: 19 (i) A proposed bill or resolution in the senate or assembly during the 20 reporting period; 21 (ii) A contract in an amount totaling $10,000 or more from the state 22 or any state agency for services, materials, or property; 23 (iii) A grant of $10,000 or more from the state or any state agency 24 during the reporting period; 25 (iv) A grant obtained through a legislative initiative during the 26 reporting period; or 27 (v) A case, proceeding, application or other matter that is not a 28 ministerial matter before a state agency during the reporting period." 29 In reviewing the request for an exemption, the [joint] commission on 30 ethics and lobbying in government or the office of court administration 31 may consult with bar or other professional associations and the legisla- 32 tive ethics commission for individuals subject to its jurisdiction and 33 may consider the rules of professional conduct. In making its determi- 34 nation, the [joint] commission on ethics and lobbying in government or 35 the office of court administration shall conduct its own inquiry and 36 shall consider factors including, but not limited to: (i) the nature and 37 the size of the client; (ii) whether the client has any business before 38 the state; and if so, how significant the business is; and whether the 39 client has any particularized interest in pending legislation and if so 40 how significant the interest is; (iii) whether disclosure may reveal 41 trade secrets; (iv) whether disclosure could reasonably result in retal- 42 iation against the client; (v) whether disclosure may cause undue harm 43 to the client; (vi) whether disclosure may result in undue harm to the 44 attorney-client relationship; and (vii) whether disclosure may result in 45 an unnecessary invasion of privacy to the client. 46 The [joint] commission on ethics and lobbying in government or, as the 47 case may be, the office of court administration shall promptly make a 48 final determination in response to such request, which shall include an 49 explanation for its determination. The office of court administration 50 shall issue its final determination within three days of receiving the 51 request. Notwithstanding any other provision of law or any professional 52 disciplinary rule to the contrary, the disclosure of the identity of any 53 client or customer in response to this question shall not constitute 54 professional misconduct or a ground for disciplinary action of any kind, 55 or form the basis for any civil or criminal cause of action or proceed- 56 ing. A reporting individual who first enters public office after Decem-S. 8006--C 179 A. 9006--C 1 ber thirty-first, two thousand fifteen, need not report clients or 2 customers with respect to matters for which the reporting individual or 3 his or her firm was retained prior to entering public office. 4 Client Name of Lobbyist Description Category of Amount 5 of Matter (in Table 1) 6 ________________________________________________________________________ 7 ________________________________________________________________________ 8 ________________________________________________________________________ 9 ________________________________________________________________________ 10 ________________________________________________________________________ 11 § 9. Subdivisions 4 and 7 of section 73-a of the public officers law, 12 subdivision 4 as amended by section 5 of part A of chapter 399 of the 13 laws of 2011 and subdivision 7 as added by section 3 of part CC of chap- 14 ter 56 of the laws of 2015, are amended to read as follows: 15 4. A reporting individual who knowingly and wilfully fails to file an 16 annual statement of financial disclosure or who knowingly and wilfully 17 with intent to deceive makes a false statement or gives information 18 which such individual knows to be false on such statement of financial 19 disclosure filed pursuant to this section shall be subject to a civil 20 penalty in an amount not to exceed forty thousand dollars. Assessment of 21 a civil penalty hereunder shall be made by the [joint] commission on 22 [public] ethics and lobbying in government or by the legislative ethics 23 commission, as the case may be, with respect to persons subject to their 24 respective jurisdictions. The [joint] commission on [public] ethics and 25 lobbying in government acting pursuant to subdivision fourteen of 26 section ninety-four of the executive law or the legislative ethics 27 commission acting pursuant to subdivision eleven of section eighty of 28 the legislative law, as the case may be, may, in lieu of or in addition 29 to a civil penalty, refer a violation to the appropriate prosecutor and 30 upon such conviction, but only after such referral, such violation shall 31 be punishable as a class A misdemeanor. A civil penalty for false filing 32 may not be imposed hereunder in the event a category of "value" or 33 "amount" reported hereunder is incorrect unless such reported informa- 34 tion is falsely understated. Notwithstanding any other provision of law 35 to the contrary, no other penalty, civil or criminal may be imposed for 36 a failure to file, or for a false filing, of such statement, except that 37 the appointing authority may impose disciplinary action as otherwise 38 provided by law. The [joint] commission on [public] ethics and lobbying 39 in government and the legislative ethics commission shall each be deemed 40 to be an agency within the meaning of article three of the state admin- 41 istrative procedure act and shall adopt rules governing the conduct of 42 adjudicatory proceedings and appeals relating to the assessment of the 43 civil penalties herein authorized. Such rules, which shall not be 44 subject to the approval requirements of the state administrative proce- 45 dure act, shall provide for due process procedural mechanisms substan- 46 tially similar to those set forth in such article three but such mech- 47 anisms need not be identical in terms or scope. Assessment of a civil 48 penalty shall be final unless modified, suspended or vacated within 49 thirty days of imposition and upon becoming final shall be subject to 50 review at the instance of the affected reporting individual in a 51 proceeding commenced against the [joint] commission on [public] ethics 52 and lobbying in government or the legislative ethics commission, pursu- 53 ant to article seventy-eight of the civil practice law and rules. 54 7. With respect to an application to either the [joint] commission on 55 ethics and lobbying in government or the office of court administrationS. 8006--C 180 A. 9006--C 1 for an exemption to disclosing the name of a client or customer in 2 response to questions 8 (b-1), 8 (b-2) and 8 (c), all information which 3 is the subject of or a part of such application shall remain confiden- 4 tial. The name of the client need not be disclosed by the reporting 5 individual unless and until the [joint] commission on ethics and lobby- 6 ing in government or the office of court administration formally advises 7 the reporting individual that he or she must disclose such names and the 8 reporting individual agrees to represent the client. Any commissioner or 9 person employed by the [joint] commission on ethics and lobbying in 10 government or any person employed by the office of court administration 11 who, intentionally and without authorization from a court of competent 12 jurisdiction releases confidential information related to a request for 13 an exemption received by the commission or the office of court adminis- 14 tration shall be guilty of a class A misdemeanor. 15 § 10. Paragraph (d) of subdivision 1 of section 172-e of the executive 16 law, as added by section 1 of part F of chapter 286 of the laws of 2016, 17 is amended to read as follows: 18 (d) "Recipient entity" shall mean any corporation or entity that is 19 qualified as an exempt organization or entity by the United States 20 Department of the Treasury under I.R.C. 501(c)(4) that is required to 21 file a source of funding report with the [joint] commission on [public] 22 ethics and lobbying in government pursuant to sections one-h and one-j 23 of the legislative law. 24 § 11. The closing paragraph of paragraph 4 of subdivision (c) of 25 section 1-h of the legislative law, as amended by section 1 of part D of 26 chapter 286 of the laws of 2016, is amended to read as follows: 27 The [joint] commission on [public] ethics and lobbying in government 28 shall promulgate regulations to implement these requirements. 29 § 12. The closing paragraph of paragraph 4 of subdivision (c) of 30 section 1-j of the legislative law, as amended by section 2 of part D of 31 chapter 286 of the laws of 2016, is amended to read as follows: 32 The [joint] commission on [public] ethics and lobbying in government 33 shall promulgate regulations to implement these requirements. 34 § 13. Paragraph (a) of subdivision 1 of section 73 of the public offi- 35 cers law, as amended by section 1 of part A of chapter 399 of the laws 36 of 2011, is amended to read as follows: 37 (a) The term "compensation" shall mean any money, thing of value or 38 financial benefit conferred in return for services rendered or to be 39 rendered. With regard to matters undertaken by a firm, corporation or 40 association, compensation shall mean net revenues, as defined in accord- 41 ance with generally accepted accounting principles as defined by the 42 [joint] commission on [public] ethics and lobbying in government or 43 legislative ethics commission in relation to persons subject to their 44 respective jurisdictions. 45 § 14. Subdivision 1 of section 73 of the public officers law is 46 amended by adding a new paragraph (n) to read as follows: 47 (n) The term "domestic partner" shall mean a person who, with respect 48 to another person, is formally a party in a domestic partnership or 49 similar relationship with the other person, entered into pursuant to the 50 laws of the United States or of any state, local or foreign jurisdic- 51 tion, or registered as the domestic partner of the other person with any 52 registry maintained by the employer of either party or any state, muni- 53 cipality, or foreign jurisdiction. 54 § 15. Paragraph (a) of subdivision 6 of section 73 of the public offi- 55 cers law, as amended by section 3 of part K of chapter 286 of the laws 56 of 2016, is amended to read as follows:S. 8006--C 181 A. 9006--C 1 (a) Every legislative employee not subject to the provisions of 2 section seventy-three-a of this chapter shall, on and after December 3 fifteenth and before the following January fifteenth, in each year, file 4 with the [joint] commission on [public] ethics and lobbying in govern- 5 ment and the legislative ethics commission a financial disclosure state- 6 ment of 7 (1) each financial interest, direct or indirect of himself or herself, 8 his or her spouse or domestic partner and his or her unemancipated chil- 9 dren under the age of eighteen years in any activity which is subject to 10 the jurisdiction of a regulatory agency or name of the entity in which 11 the interest is had and whether such interest is over or under five 12 thousand dollars in value. 13 (2) every office and directorship held by him or her in any corpo- 14 ration, firm or enterprise which is subject to the jurisdiction of a 15 regulatory agency, including the name of such corporation, firm or 16 enterprise. 17 (3) any other interest or relationship which he or she determines in 18 his or her discretion might reasonably be expected to be particularly 19 affected by legislative action or in the public interest should be 20 disclosed. 21 § 16. Paragraph (h) of subdivision 8 of section 73 of the public offi- 22 cers law, as amended by section 10 of part A of chapter 399 of the laws 23 of 2011, is amended to read as follows: 24 (h) Notwithstanding the provisions of subparagraphs (i) and (ii) of 25 paragraph (a) of this subdivision, a former state officer or employee 26 may contract individually, or as a member or employee of a firm, corpo- 27 ration or association, to render services to any state agency when the 28 agency head certifies in writing to the [joint] commission on [public] 29 ethics and lobbying in government that the services of such former offi- 30 cer or employee are required in connection with the agency's response to 31 a disaster emergency declared by the governor pursuant to section twen- 32 ty-eight of the executive law. 33 § 17. Subdivisions 8-a, 8-b and 10 of section 73 of the public offi- 34 cers law, subdivision 8-a as amended by chapter 357 of the laws of 2001, 35 the opening paragraph of subdivision 8-a as amended by section 11 and 36 subdivision 8-b as amended by section 12 of part A of chapter 399 of the 37 laws of 2011, and subdivision 10 as amended by section 5 of part K of 38 chapter 286 of the laws of 2016, are amended to read as follows: 39 8-a. The provisions of subparagraphs (i) and (ii) of paragraph (a) of 40 subdivision eight of this section shall not apply to any such former 41 state officer or employee engaged in any of the specific permitted 42 activities defined in this subdivision that are related to any civil 43 action or proceeding in any state or federal court, provided that the 44 attorney general has certified in writing to the [joint] commission on 45 [public] ethics and lobbying in government, with a copy to such former 46 state officer or employee, that the services are rendered on behalf of 47 the state, a state agency, state officer or employee, or other person or 48 entity represented by the attorney general, and that such former state 49 officer or employee has expertise, knowledge or experience which is 50 unique or outstanding in a field or in a particular matter or which 51 would otherwise be generally unavailable at a comparable cost to the 52 state, a state agency, state officer or employee, or other person or 53 entity represented by the attorney general in such civil action or 54 proceeding. In those instances where a state agency is not represented 55 by the attorney general in a civil action or proceeding in state or 56 federal court, a former state officer or employee may engage in permit-S. 8006--C 182 A. 9006--C 1 ted activities provided that the general counsel of the state agency, 2 after consultation with the [joint] commission on [public] ethics and 3 lobbying in government, provides to the [joint] commission on [public] 4 ethics and lobbying in government a written certification which meets 5 the requirements of this subdivision. For purposes of this subdivision 6 the term "permitted activities" shall mean generally any activity 7 performed at the request of the attorney general or the attorney gener- 8 al's designee, or in cases where the state agency is not represented by 9 the attorney general, the general counsel of such state agency, includ- 10 ing without limitation: 11 (a) preparing or giving testimony or executing one or more affidavits; 12 (b) gathering, reviewing or analyzing information, including documen- 13 tary or oral information concerning facts or opinions, attending deposi- 14 tions or participating in document review or discovery; 15 (c) performing investigations, examinations, inspections or tests of 16 persons, documents or things; 17 (d) performing audits, appraisals, compilations or computations, or 18 reporting about them; 19 (e) identifying information to be sought concerning facts or opinions; 20 or 21 (f) otherwise assisting in the preparation for, or conduct of, such 22 litigation. 23 Nothing in this subdivision shall apply to the provision of legal 24 representation by any former state officer or employee. 25 8-b. Notwithstanding the provisions of subparagraphs (i) and (ii) of 26 paragraph (a) of subdivision eight of this section, a former state offi- 27 cer or employee may contract individually, or as a member or employee of 28 a firm, corporation or association, to render services to any state 29 agency if, prior to engaging in such service, the agency head certifies 30 in writing to the [joint] commission on [public] ethics and lobbying in 31 government that such former officer or employee has expertise, knowledge 32 or experience with respect to a particular matter which meets the needs 33 of the agency and is otherwise unavailable at a comparable cost. Where 34 approval of the contract is required under section one hundred twelve of 35 the state finance law, the comptroller shall review and consider the 36 reasons for such certification. The [joint] commission on [public] 37 ethics and lobbying in government must review and approve all certif- 38 ications made pursuant to this subdivision. 39 10. Nothing contained in this section, the judiciary law, the educa- 40 tion law or any other law or disciplinary rule shall be construed or 41 applied to prohibit any firm, association or corporation, in which any 42 present or former statewide elected official, state officer or employee, 43 or political party [chairman] chair, member of the legislature or legis- 44 lative employee is a member, associate, retired member, of counsel or 45 shareholder, from appearing, practicing, communicating or otherwise 46 rendering services in relation to any matter before, or transacting 47 business with a state agency, or a city agency with respect to a poli- 48 tical party [chairman] chair in a county wholly included in a city with 49 a population of more than one million, otherwise proscribed by this 50 section, the judiciary law, the education law or any other law or disci- 51 plinary rule with respect to such official, member of the legislature or 52 officer or employee, or political party [chairman] chair, where such 53 statewide elected official, state officer or employee, member of the 54 legislature or legislative employee, or political party [chairman] chair 55 does not share in the net revenues, as defined in accordance with gener- 56 ally accepted accounting principles by the [joint] commission onS. 8006--C 183 A. 9006--C 1 [public] ethics and lobbying in government or by the legislative ethics 2 commission in relation to persons subject to their respective jurisdic- 3 tions, resulting therefrom, or, acting in good faith, reasonably 4 believed that he or she would not share in the net revenues as so 5 defined; nor shall anything contained in this section, the judiciary 6 law, the education law or any other law or disciplinary rule be 7 construed to prohibit any firm, association or corporation in which any 8 present or former statewide elected official, member of the legislature, 9 legislative employee, full-time salaried state officer or employee or 10 state officer or employee who is subject to the provisions of section 11 seventy-three-a of this article is a member, associate, retired member, 12 of counsel or shareholder, from appearing, practicing, communicating or 13 otherwise rendering services in relation to any matter before, or trans- 14 acting business with, the court of claims, where such statewide elected 15 official, member of the legislature, legislative employee, full-time 16 salaried state officer or employee or state officer or employee who is 17 subject to the provisions of section seventy-three-a of this article 18 does not share in the net revenues, as defined in accordance with gener- 19 ally accepted accounting principles by the [joint] commission on 20 [public] ethics and lobbying in government or by the legislative ethics 21 commission in relation to persons subject to their respective jurisdic- 22 tions, resulting therefrom, or, acting in good faith, reasonably 23 believed that he or she would not share in the net revenues as so 24 defined. 25 § 18. Subdivision 3 of section 73-a of the public officers law, as 26 amended by section 5 of part A of chapter 399 of the laws of 2011, para- 27 graph 8 as amended by section 6 of part K of chapter 286 of the laws of 28 2016, and paragraph 13 as amended by section 1 of part CC of chapter 56 29 of the laws of 2015, is amended to read as follows: 30 3. The annual statement of financial disclosure shall contain the 31 information and shall be in the form set forth hereinbelow: 32 ANNUAL STATEMENT OF FINANCIAL DISCLOSURE - (For calendar year ________) 33 1. Name ______________________________________________________________ 34 2. (a) Title of Position _____________________________________________ 35 (b) Department, Agency or other Governmental Entity _______________ 36 (c) Address of Present Office _____________________________________ 37 (d) Office Telephone Number _______________________________________ 38 3. (a) Marital Status ______________. If married, please give spouse's 39 full name [including maiden name where applicable]. 40 __________________________________________________________________. 41 (b) Full name of domestic partner (if applicable). 42 _________________________________________________________________ . 43 (c) List the names of all unemancipated children. 44 ____________________________________________________________________ 45 ____________________________________________________________________ 46 ____________________________________________________________________ 47 ____________________________________________________________________ 48 ____________________________________________________________________ 49 Answer each of the following questions completely, with respect to 50 calendar year _________, unless another period or date is otherwise 51 specified. If additional space is needed, attach additional pages.S. 8006--C 184 A. 9006--C 1 Whenever a "value" or "amount" is required to be reported herein, such 2 value or amount shall be reported as being within one of the following 3 Categories in Table I or Table II of this subdivision as called for in 4 the question: A reporting individual shall indicate the Category by 5 letter only. 6 Whenever "income" is required to be reported herein, the term "income" 7 shall mean the aggregate net income before taxes from the source identi- 8 fied. 9 The term "calendar year" shall mean the year ending the December 31st 10 preceding the date of filing of the annual statement. 11 4. (a) List any office, trusteeship, directorship, partnership, or 12 position of any nature, whether compensated or not, held by the 13 reporting individual with any firm, corporation, association, part- 14 nership, or other organization other than the State of New York. 15 Include compensated honorary positions; do NOT list membership or 16 uncompensated honorary positions. If the listed entity was licensed 17 by any state or local agency, was regulated by any state regulatory 18 agency or local agency, or, as a regular and significant part of the 19 business or activity of said entity, did business with, or had 20 matters other than ministerial matters before, any state or local 21 agency, list the name of any such agency. 22 State or 23 Position Organization Local Agency 24 ____________________________________________________________________ 25 ____________________________________________________________________ 26 ____________________________________________________________________ 27 ____________________________________________________________________ 28 ____________________________________________________________________ 29 (b) List any office, trusteeship, directorship, partnership, or position 30 of any nature, whether compensated or not, held by the spouse, 31 domestic partner or unemancipated child of the reporting individual, 32 with any firm, corporation, association, partnership, or other 33 organization other than the State of New York. Include compensated 34 honorary positions; do NOT list membership or uncompensated honorary 35 positions. If the listed entity was licensed by any state or local 36 agency, was regulated by any state regulatory agency or local agen- 37 cy, or, as a regular and significant part of the business or activ- 38 ity of said entity, did business with, or had matters other than 39 ministerial matters before, any state or local agency, list the name 40 of any such agency. 41 State or 42 Position Organization Local Agency 43 ____________________________________________________________________ 44 ____________________________________________________________________ 45 ____________________________________________________________________ 46 ____________________________________________________________________ 47 ____________________________________________________________________ 48 5. (a) List the name, address and description of any occupation, 49 employment (other than the employment listed under Item 2 above),S. 8006--C 185 A. 9006--C 1 trade, business or profession engaged in by the reporting individ- 2 ual. If such activity was licensed by any state or local agency, was 3 regulated by any state regulatory agency or local agency, or, as a 4 regular and significant part of the business or activity of said 5 entity, did business with, or had matters other than ministerial 6 matters before, any state or local agency, list the name of any such 7 agency. 8 State or 9 Name & Address Local 10 Position of Organization Description Agency 11 ____________________________________________________________________ 12 ____________________________________________________________________ 13 ____________________________________________________________________ 14 ____________________________________________________________________ 15 ____________________________________________________________________ 16 (b) If the spouse, domestic partner or unemancipated child of the 17 reporting individual was engaged in any occupation, employment, 18 trade, business or profession which activity was licensed by any 19 state or local agency, was regulated by any state regulatory agency 20 or local agency, or, as a regular and significant part of the busi- 21 ness or activity of said entity, did business with, or had matters 22 other than ministerial matters before, any state or local agency, 23 list the name, address and description of such occupation, employ- 24 ment, trade, business or profession and the name of any such agency. 25 State or 26 Name & Address Local 27 Position of Organization Description Agency 28 ____________________________________________________________________ 29 ____________________________________________________________________ 30 ____________________________________________________________________ 31 ____________________________________________________________________ 32 ____________________________________________________________________ 33 6. List any interest, in EXCESS of $1,000, held by the reporting indi- 34 vidual, such individual's spouse, domestic partner or unemancipated 35 child, or partnership of which any such person is a member, or 36 corporation, 10% or more of the stock of which is owned or 37 controlled by any such person, whether vested or contingent, in any 38 contract made or executed by a state or local agency and include the 39 name of the entity which holds such interest and the relationship of 40 the reporting individual or such individual's spouse, domestic part- 41 ner or such child to such entity and the interest in such contract. 42 Do NOT include bonds and notes. Do NOT list any interest in any such 43 contract on which final payment has been made and all obligations 44 under the contract except for guarantees and warranties have been 45 performed, provided, however, that such an interest must be listed 46 if there has been an ongoing dispute during the calendar year for 47 which this statement is filed with respect to any such guarantees or 48 warranties. Do NOT list any interest in a contract made or executed 49 by a local agency after public notice and pursuant to a process forS. 8006--C 186 A. 9006--C 1 competitive bidding or a process for competitive requests for 2 proposals. 3 Entity Relationship Contracting Category 4 Self, Which Held to Entity State or of 5 Spouse, Interest in and Interest Local Value of 6 Domestic Contract in Contract Agency Contract 7 Partner or 8 Child (In Table II) 9 ____________________________________________________________________ 10 ____________________________________________________________________ 11 ____________________________________________________________________ 12 ____________________________________________________________________ 13 ____________________________________________________________________ 14 7. List any position the reporting individual held as an officer of any 15 political party or political organization, as a member of any poli- 16 tical party committee, or as a political party district leader. The 17 term "party" shall have the same meaning as "party" in the election 18 law. The term "political organization" means any party or independ- 19 ent body as defined in the election law or any organization that is 20 affiliated with or a subsidiary of a party or independent body. 21 ____________________________________________________________________ 22 ____________________________________________________________________ 23 ____________________________________________________________________ 24 ____________________________________________________________________ 25 ____________________________________________________________________ 26 8. (a) If the reporting individual practices law, is licensed by the 27 department of state as a real estate broker or agent or practices a 28 profession licensed by the department of education, or works as a member 29 or employee of a firm required to register pursuant to section one-e of 30 the legislative law as a lobbyist, describe the services rendered for 31 which compensation was paid including a general description of the prin- 32 cipal subject areas of matters undertaken by such individual and princi- 33 pal duties performed. Specifically state whether the reporting individ- 34 ual provides services directly to clients. Additionally, if such an 35 individual practices with a firm or corporation and is a partner or 36 shareholder of the firm or corporation, give a general description of 37 principal subject areas of matters undertaken by such firm or corpo- 38 ration. 39 ____________________________________________________________________ 40 ____________________________________________________________________ 41 ____________________________________________________________________ 42 ____________________________________________________________________ 43 ____________________________________________________________________ 44 (b) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE 45 PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE AND BEFORE DECEMBER 46 THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR FOR NEW MATTERS FOR EXISTING 47 CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT ARE PROVIDED ONS. 8006--C 187 A. 9006--C 1 OR AFTER JULY FIRST, TWO THOUSAND TWELVE AND BEFORE DECEMBER 2 THIRTY-FIRST, TWO THOUSAND FIFTEEN: 3 If the reporting individual personally provides services to any person 4 or entity, or works as a member or employee of a partnership or corpo- 5 ration that provides such services (referred to hereinafter as a 6 "firm"), then identify each client or customer to whom the reporting 7 individual personally provided services, or who was referred to the firm 8 by the reporting individual, and from whom the reporting individual or 9 his or her firm earned fees in excess of $10,000 during the reporting 10 period for such services rendered in direct connection with: 11 (i) A contract in an amount totaling $50,000 or more from the state or 12 any state agency for services, materials, or property; 13 (ii) A grant of $25,000 or more from the state or any state agency 14 during the reporting period; 15 (iii) A grant obtained through a legislative initiative during the 16 reporting period; or 17 (iv) A case, proceeding, application or other matter that is not a 18 ministerial matter before a state agency during the reporting period. 19 For purposes of this question, "referred to the firm" shall mean: 20 having intentionally and knowingly taken a specific act or series of 21 acts to intentionally procure for the reporting individual's firm or 22 knowingly solicit or direct to the reporting individual's firm in whole 23 or substantial part, a person or entity that becomes a client of that 24 firm for the purposes of representation for a matter as defined in 25 subparagraphs (i) through (iv) of this paragraph, as the result of such 26 procurement, solicitation or direction of the reporting individual. A 27 reporting individual need not disclose activities performed while 28 lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivi- 29 sion seven of section seventy-three of this article. 30 The disclosure requirement in this question shall not require disclo- 31 sure of clients or customers receiving medical or dental services, 32 mental health services, residential real estate brokering services, or 33 insurance brokering services from the reporting individual or his or her 34 firm. The reporting individual need not identify any client to whom he 35 or she or his or her firm provided legal representation with respect to 36 investigation or prosecution by law enforcement authorities, bankruptcy, 37 or domestic relations matters. With respect to clients represented in 38 other matters, where disclosure of a client's identity is likely to 39 cause harm, the reporting individual shall request an exemption from the 40 [joint] commission pursuant to [paragraph (i-1) of subdivision nine of] 41 section ninety-four of the executive law, provided, however, that a 42 reporting individual who first enters public office after July first, 43 two thousand twelve, need not report clients or customers with respect 44 to matters for which the reporting individual or his or her firm was 45 retained prior to entering public office. 46 Client Nature of Services Provided 47 ________________________________________________________________________ 48 ________________________________________________________________________ 49 ________________________________________________________________________ 50 ________________________________________________________________________ 51 ________________________________________________________________________ 52 (b-1) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES 53 ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR 54 FOR NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE 55 SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOU-S. 8006--C 188 A. 9006--C 1 SAND FIFTEEN (FOR PURPOSES OF THIS QUESTION, "SERVICES" SHALL MEAN 2 CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES): 3 If the reporting individual receives income from employment reportable 4 in question 8(a) and personally provides services to any person or enti- 5 ty, or works as a member or employee of a partnership or corporation 6 that provides such services (referred to hereinafter as a "firm"), the 7 reporting individual shall identify each client or customer to whom the 8 reporting individual personally provided services, or who was referred 9 to the firm by the reporting individual, and from whom the reporting 10 individual or his or her firm earned fees in excess of $10,000 during 11 the reporting period in direct connection with: 12 (i) A contract in an amount totaling $10,000 or more from the state or 13 any state agency for services, materials, or property; 14 (ii) A grant of $10,000 or more from the state or any state agency 15 during the reporting period; 16 (iii) A grant obtained through a legislative initiative during the 17 reporting period; or 18 (iv) A case, proceeding, application or other matter that is not a 19 ministerial matter before a state agency during the reporting period. 20 For such services rendered by the reporting individual directly to 21 each such client, describe each matter that was the subject of such 22 representation, the services actually provided and the payment received. 23 For payments received from clients referred to the firm by the reporting 24 individual, if the reporting individual directly received a referral fee 25 or fees for such referral, identify the client and the payment so 26 received. 27 For purposes of this question, "referred to the firm" shall mean: 28 having intentionally and knowingly taken a specific act or series of 29 acts to intentionally procure for the reporting individual's firm or 30 having knowingly solicited or directed to the reporting individual's 31 firm in whole or substantial part, a person or entity that becomes a 32 client of that firm for the purposes of representation for a matter as 33 defined in clauses (i) through (iv) of this subparagraph, as the result 34 of such procurement, solicitation or direction of the reporting individ- 35 ual. A reporting individual need not disclose activities performed while 36 lawfully acting in his or her capacity as provided in paragraphs (c), 37 (d), (e) and (f) of subdivision seven of section seventy-three of this 38 article. 39 Client Matter Nature of Services Provided Category 40 of Amount 41 (in Table I) 42 ________________________________________________________________________ 43 ________________________________________________________________________ 44 ________________________________________________________________________ 45 ________________________________________________________________________ 46 ________________________________________________________________________ 47 (b-2) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES 48 ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR 49 FOR NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE 50 SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOU- 51 SAND FIFTEEN (FOR PURPOSES OF THIS QUESTION, "SERVICES" SHALL MEAN 52 CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES): 53 (i) With respect to reporting individuals who receive ten thousand 54 dollars or more from employment or activity reportable under questionS. 8006--C 189 A. 9006--C 1 8(a), for each client or customer NOT otherwise disclosed or exempted in 2 question 8 or 13, disclose the name of each client or customer known to 3 the reporting individual to whom the reporting individual provided 4 services: (A) who paid the reporting individual in excess of five thou- 5 sand dollars for such services; or (B) who had been billed with the 6 knowledge of the reporting individual in excess of five thousand dollars 7 by the firm or other entity named in question 8(a) for the reporting 8 individual's services. 9 Client Services Category of Amount 10 Actually Provided (in Table I) ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 11 FOLLOWING IS AN ILLUSTRATIVE, NON-EXCLUSIVE LIST OF EXAMPLES OF 12 DESCRIPTIONS OF "SERVICES ACTUALLY PROVIDED": 13 * REVIEWED DOCUMENTS AND CORRESPONDENCE; 14 * REPRESENTED CLIENT (IDENTIFY CLIENT BY NAME) IN LEGAL PROCEEDING; 15 * PROVIDED LEGAL ADVICE ON CLIENT MATTER (IDENTIFY CLIENT BY NAME); 16 * CONSULTED WITH CLIENT OR CONSULTED WITH LAW PARTNERS/ASSOCIATES/MEMBERS 17 OF FIRM ON CLIENT MATTER (IDENTIFY CLIENT BY NAME); 18 * PREPARED CERTIFIED FINANCIAL STATEMENT FOR CLIENT (IDENTIFY CLIENT BY 19 NAME); 20 * REFERRED INDIVIDUAL OR ENTITY (IDENTIFY CLIENT BY NAME) FOR 21 REPRESENTATION OR CONSULTATION; 22 * COMMERCIAL BROKERING SERVICES (IDENTIFY CUSTOMER BY NAME); 23 * PREPARED CERTIFIED ARCHITECTURAL OR ENGINEERING 24 RENDERINGS FOR CLIENT (IDENTIFY CUSTOMER BY NAME); 25 * COURT APPOINTED GUARDIAN OR EVALUATOR (IDENTIFY COURT NOT CLIENT). 26 (ii) With respect to reporting individuals who disclosed in question 27 8(a) that the reporting individual did not provide services to a client 28 but provided services to a firm or business, identify the category of 29 amount received for providing such services and describe the services 30 rendered. 31 Services Actually Provided Category of Amount (Table I) ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 32 A reporting individual need not disclose activities performed while 33 lawfully acting in his or her capacity as provided in paragraphs (c), 34 (d), (e) and (f) of subdivision seven of section seventy-three of this 35 article. 36 The disclosure requirement in questions (b-1) and (b-2) shall not 37 require disclosing clients or customers receiving medical, pharmaceu- 38 tical or dental services, mental health services, or residential real 39 estate brokering services from the reporting individual or his or her 40 firm or if federal law prohibits or limits disclosure. The reporting 41 individual need not identify any client to whom he or she or his or her 42 firm provided legal representation with respect to investigation or 43 prosecution by law enforcement authorities, bankruptcy, family court, 44 estate planning, or domestic relations matters, nor shall the reporting 45 individual identify individuals represented pursuant to an insurance 46 policy but the reporting individual shall in such circumstances only 47 report the entity that provides compensation to the reporting individ-S. 8006--C 190 A. 9006--C 1 ual; with respect to matters in which the client's name is required by 2 law to be kept confidential (such as matters governed by the family 3 court act) or in matters in which the reporting individual represents or 4 provides services to minors, the client's name may be replaced with 5 initials. To the extent that the reporting individual, or his or her 6 firm, provided legal representation with respect to an initial public 7 offering, and professional disciplinary rules, federal law or regu- 8 lations restrict the disclosure of information relating to such work, 9 the reporting individual shall (i) disclose the identity of the client 10 and the services provided relating to the initial public offering to the 11 office of court administration, who will maintain such information 12 confidentially in a locked box; and (ii) include in his or her response 13 to questions (b-1) and (b-2) that pursuant to this paragraph, a disclo- 14 sure to the office of court administration has been made. Upon such time 15 that the disclosure of information maintained in the locked box is no 16 longer restricted by professional disciplinary rules, federal law or 17 regulation, the reporting individual shall disclose such information in 18 an amended disclosure statement in response to the disclosure require- 19 ments in questions (b-1) and (b-2). The office of court administration 20 shall develop and maintain a secure portal through which information 21 submitted to it pursuant to this paragraph can be safely and confiden- 22 tially stored. With respect to clients represented in other matters not 23 otherwise exempt, the reporting individual may request an exemption to 24 publicly disclosing the name of that client from the [joint] commission 25 pursuant to [paragraph (i-1) of subdivision nine of] section ninety-four 26 of the executive law, or from the office of court administration. In 27 such application, the reporting individual shall state the following: 28 "My client is not currently receiving my services or seeking my services 29 in connection with: 30 (i) A proposed bill or resolution in the senate or assembly during the 31 reporting period; 32 (ii) A contract in an amount totaling $10,000 or more from the state 33 or any state agency for services, materials, or property; 34 (iii) A grant of $10,000 or more from the state or any state agency 35 during the reporting period; 36 (iv) A grant obtained through a legislative initiative during the 37 reporting period; or 38 (v) A case, proceeding, application or other matter that is not a 39 ministerial matter before a state agency during the reporting period." 40 In reviewing the request for an exemption, the [joint] commission or 41 the office of court administration may consult with bar or other profes- 42 sional associations and the legislative ethics commission for individ- 43 uals subject to its jurisdiction and may consider the rules of profes- 44 sional conduct. In making its determination, the [joint] commission or 45 the office of court administration shall conduct its own inquiry and 46 shall consider factors including, but not limited to: (i) the nature and 47 the size of the client; (ii) whether the client has any business before 48 the state; and if so, how significant the business is; and whether the 49 client has any particularized interest in pending legislation and if so 50 how significant the interest is; (iii) whether disclosure may reveal 51 trade secrets; (iv) whether disclosure could reasonably result in retal- 52 iation against the client; (v) whether disclosure may cause undue harm 53 to the client; (vi) whether disclosure may result in undue harm to the 54 attorney-client relationship; and (vii) whether disclosure may result in 55 an unnecessary invasion of privacy to the client.S. 8006--C 191 A. 9006--C 1 The [joint] commission or, as the case may be, the office of court 2 administration shall promptly make a final determination in response to 3 such request, which shall include an explanation for its determination. 4 The office of court administration shall issue its final determination 5 within three days of receiving the request. Notwithstanding any other 6 provision of law or any professional disciplinary rule to the contrary, 7 the disclosure of the identity of any client or customer in response to 8 this question shall not constitute professional misconduct or a ground 9 for disciplinary action of any kind, or form the basis for any civil or 10 criminal cause of action or proceeding. A reporting individual who first 11 enters public office after January first, two thousand sixteen, need not 12 report clients or customers with respect to matters for which the 13 reporting individual or his or her firm was retained prior to entering 14 public office. 15 (c) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE 16 PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR FOR 17 NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE 18 SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOU- 19 SAND FIFTEEN: 20 If the reporting individual receives income of ten thousand dollars or 21 greater from any employment or activity reportable under question 8(a), 22 identify each registered lobbyist who has directly referred to such 23 individual a client who was successfully referred to the reporting indi- 24 vidual's business and from whom the reporting individual or firm 25 received a fee for services in excess of five thousand dollars. Report 26 only those referrals that were made to a reporting individual by direct 27 communication from a person known to such reporting individual to be a 28 registered lobbyist at the time the referral is made. With respect to 29 each such referral, the reporting individual shall identify the client, 30 the registered lobbyist who has made the referral, the category of value 31 of the compensation received and a general description of the type of 32 matter so referred. A reporting individual need not disclose activities 33 performed while lawfully acting pursuant to paragraphs (c), (d), (e) and 34 (f) of subdivision seven of section seventy-three of this article. The 35 disclosure requirements in this question shall not require disclosing 36 clients or customers receiving medical, pharmaceutical or dental 37 services, mental health services, or residential real estate brokering 38 services from the reporting individual or his or her firm or if federal 39 law prohibits or limits disclosure. The reporting individual need not 40 identify any client to whom he or she or his or her firm provided legal 41 representation with respect to investigation or prosecution by law 42 enforcement authorities, bankruptcy, family court, estate planning, or 43 domestic relations matters, nor shall the reporting individual identify 44 individuals represented pursuant to an insurance policy but the report- 45 ing individual shall in such circumstances only report the entity that 46 provides compensation to the reporting individual; with respect to 47 matters in which the client's name is required by law to be kept confi- 48 dential (such as matters governed by the family court act) or in matters 49 in which the reporting individual represents or provides services to 50 minors, the client's name may be replaced with initials. To the extent 51 that the reporting individual, or his or her firm, provided legal repre- 52 sentation with respect to an initial public offering, and federal law or 53 regulations restricts the disclosure of information relating to such 54 work, the reporting individual shall (i) disclose the identity of the 55 client and the services provided relating to the initial public offering 56 to the office of court administration, who will maintain such informa-S. 8006--C 192 A. 9006--C 1 tion confidentially in a locked box; and (ii) include in his or her 2 response a statement that pursuant to this paragraph, a disclosure to 3 the office of court administration has been made. Upon such time that 4 the disclosure of information maintained in the locked box is no longer 5 restricted by federal law or regulation, the reporting individual shall 6 disclose such information in an amended disclosure statement in response 7 to the disclosure requirements of this paragraph. The office of court 8 administration shall develop and maintain a secure portal through which 9 information submitted to it pursuant to this paragraph can be safely and 10 confidentially stored. With respect to clients represented in other 11 matters not otherwise exempt, the reporting individual may request an 12 exemption to publicly disclosing the name of that client from the 13 [joint] commission pursuant to [paragraph (i-1) of subdivision nine of] 14 section ninety-four of the executive law, or from the office of court 15 administration. In such application, the reporting individual shall 16 state the following: "My client is not currently receiving my services 17 or seeking my services in connection with: 18 (i) A proposed bill or resolution in the senate or assembly during the 19 reporting period; 20 (ii) A contract in an amount totaling $10,000 or more from the state 21 or any state agency for services, materials, or property; 22 (iii) A grant of $10,000 or more from the state or any state agency 23 during the reporting period; 24 (iv) A grant obtained through a legislative initiative during the 25 reporting period; or 26 (v) A case, proceeding, application or other matter that is not a 27 ministerial matter before a state agency during the reporting period." 28 In reviewing the request for an exemption, the [joint] commission or 29 the office of court administration may consult with bar or other profes- 30 sional associations and the legislative ethics commission for individ- 31 uals subject to its jurisdiction and may consider the rules of profes- 32 sional conduct. In making its determination, the [joint] commission or 33 the office of court administration shall conduct its own inquiry and 34 shall consider factors including, but not limited to: (i) the nature and 35 the size of the client; (ii) whether the client has any business before 36 the state; and if so, how significant the business is; and whether the 37 client has any particularized interest in pending legislation and if so 38 how significant the interest is; (iii) whether disclosure may reveal 39 trade secrets; (iv) whether disclosure could reasonably result in retal- 40 iation against the client; (v) whether disclosure may cause undue harm 41 to the client; (vi) whether disclosure may result in undue harm to the 42 attorney-client relationship; and (vii) whether disclosure may result in 43 an unnecessary invasion of privacy to the client. 44 The [joint] commission or, as the case may be, the office of court 45 administration shall promptly make a final determination in response to 46 such request, which shall include an explanation for its determination. 47 The office of court administration shall issue its final determination 48 within three days of receiving the request. Notwithstanding any other 49 provision of law or any professional disciplinary rule to the contrary, 50 the disclosure of the identity of any client or customer in response to 51 this question shall not constitute professional misconduct or a ground 52 for disciplinary action of any kind, or form the basis for any civil or 53 criminal cause of action or proceeding. A reporting individual who first 54 enters public office after December thirty-first, two thousand fifteen, 55 need not report clients or customers with respect to matters for whichS. 8006--C 193 A. 9006--C 1 the reporting individual or his or her firm was retained prior to enter- 2 ing public office. 3 Client Name of Lobbyist Description Category of Amount 4 of Matter (in Table 1) 5 ________________________________________________________________________ 6 ________________________________________________________________________ 7 ________________________________________________________________________ 8 ________________________________________________________________________ 9 ________________________________________________________________________ 10 (d) List the name, principal address and general description or the 11 nature of the business activity of any entity in which the reporting 12 individual or such individual's spouse or domestic partner had an 13 investment in excess of $1,000 excluding investments in securities and 14 interests in real property. 15 9. List each source of gifts, EXCLUDING campaign contributions, in 16 EXCESS of $1,000, received during the reporting period for which this 17 statement is filed by the reporting individual or such individual's 18 spouse, domestic partner or unemancipated child from the same donor, 19 EXCLUDING gifts from a relative. INCLUDE the name and address of the 20 donor. The term "gifts" does not include reimbursements, which term is 21 defined in item 10. Indicate the value and nature of each such gift. 22 Category 23 Self, of 24 Spouse, Name of Nature Value of 25 Domestic Donor Address of Gift Gift 26 Partner (In Table I) 27 or Child 28 ____________________________________________________________________ 29 ____________________________________________________________________ 30 ____________________________________________________________________ 31 ____________________________________________________________________ 32 ____________________________________________________________________ 33 10. Identify and briefly describe the source of any reimbursements for 34 expenditures, EXCLUDING campaign expenditures and expenditures in 35 connection with official duties reimbursed by the state, in EXCESS 36 of $1,000 from each such source. For purposes of this item, the term 37 "reimbursements" shall mean any travel-related expenses provided by 38 nongovernmental sources and for activities related to the reporting 39 individual's official duties such as, speaking engagements, confer- 40 ences, or factfinding events. The term "reimbursements" does NOT 41 include gifts reported under item 9. 42 Source Description 43 ____________________________________________________________________ 44 ____________________________________________________________________ 45 ____________________________________________________________________ 46 ____________________________________________________________________ 47 ____________________________________________________________________S. 8006--C 194 A. 9006--C 1 11. List the identity and value, if reasonably ascertainable, of each 2 interest in a trust, estate or other beneficial interest, including 3 retirement plans (other than retirement plans of the state of New 4 York or the city of New York), and deferred compensation plans 5 (e.g., 401, 403(b), 457, etc.) established in accordance with the 6 internal revenue code, in which the REPORTING INDIVIDUAL held a 7 beneficial interest in EXCESS of $1,000 at any time during the 8 preceding year. Do NOT report interests in a trust, estate or other 9 beneficial interest established by or for, or the estate of, a rela- 10 tive. 11 Category 12 Identity of Value* 13 (In Table II) 14 ____________________________________________________________________ 15 ____________________________________________________________________ 16 ____________________________________________________________________ 17 ____________________________________________________________________ 18 ____________________________________________________________________ 19 * The value of such interest shall be reported only if reasonably 20 ascertainable. 21 12. (a) Describe the terms of, and the parties to, any contract, prom- 22 ise, or other agreement between the reporting individual and any 23 person, firm, or corporation with respect to the employment of such 24 individual after leaving office or position (other than a leave of 25 absence). 26 ____________________________________________________________________ 27 ____________________________________________________________________ 28 ____________________________________________________________________ 29 ____________________________________________________________________ 30 ____________________________________________________________________ 31 (b) Describe the parties to and the terms of any agreement providing 32 for continuation of payments or benefits to the REPORTING INDIVIDUAL 33 in EXCESS of $1,000 from a prior employer OTHER THAN the State. 34 (This includes interests in or contributions to a pension fund, 35 profit-sharing plan, or life or health insurance; buy-out agree- 36 ments; severance payments; etc.) 37 ____________________________________________________________________ 38 ____________________________________________________________________ 39 ____________________________________________________________________ 40 ____________________________________________________________________ 41 ____________________________________________________________________ 42 13. List below the nature and amount of any income in EXCESS of $1,000 43 from EACH SOURCE for the reporting individual and such individual's 44 spouse or domestic partner for the taxable year last occurring prior 45 to the date of filing. Each such source must be described with 46 particularity. Nature of income includes, but is not limited to, all 47 income (other than that received from the employment listed under 48 Item 2 above) from compensated employment whether public or private, 49 directorships and other fiduciary positions, contractual arrange-S. 8006--C 195 A. 9006--C 1 ments, teaching income, partnerships, honorariums, lecture fees, 2 consultant fees, bank and bond interest, dividends, income derived 3 from a trust, real estate rents, and recognized gains from the sale 4 or exchange of real or other property. Income from a business or 5 profession and real estate rents shall be reported with the source 6 identified by the building address in the case of real estate rents 7 and otherwise by the name of the entity and not by the name of the 8 individual customers, clients or tenants, with the aggregate net 9 income before taxes for each building address or entity. The 10 receipt of maintenance received in connection with a matrimonial 11 action, alimony and child support payments shall not be listed. 12 Self/ Category 13 Spouse Source Nature of Amount 14 or Domestic (In Table I) 15 Partner 16 ____________________________________________________________________ 17 ____________________________________________________________________ 18 ____________________________________________________________________ 19 ____________________________________________________________________ 20 ____________________________________________________________________ 21 14. List the sources of any deferred income (not retirement income) in 22 EXCESS of $1,000 from each source to be paid to the reporting indi- 23 vidual following the close of the calendar year for which this 24 disclosure statement is filed, other than deferred compensation 25 reported in item 11 hereinabove. Deferred income derived from the 26 practice of a profession shall be listed in the aggregate and shall 27 identify as the source, the name of the firm, corporation, partner- 28 ship or association through which the income was derived, but shall 29 not identify individual clients. 30 Category 31 Source of Amount 32 (In Table I) 33 ____________________________________________________________________ 34 ____________________________________________________________________ 35 ____________________________________________________________________ 36 ____________________________________________________________________ 37 ____________________________________________________________________ 38 15. List each assignment of income in EXCESS of $1,000, and each trans- 39 fer other than to a relative during the reporting period for which 40 this statement is filed for less than fair consideration of an 41 interest in a trust, estate or other beneficial interest, securities 42 or real property, by the reporting individual, in excess of $1,000, 43 which would otherwise be required to be reported herein and is not 44 or has not been so reported. 45 Item Assigned Assigned or Category 46 or Transferred Transferred to of Value 47 (In Table I)S. 8006--C 196 A. 9006--C 1 ____________________________________________________________________ 2 ____________________________________________________________________ 3 ____________________________________________________________________ 4 ____________________________________________________________________ 5 ____________________________________________________________________ 6 16. List below the type and market value of securities held by the 7 reporting individual or such individual's spouse or domestic partner 8 from each issuing entity in EXCESS of $1,000 at the close of the 9 taxable year last occurring prior to the date of filing, including 10 the name of the issuing entity exclusive of securities held by the 11 reporting individual issued by a professional corporation. Whenever 12 an interest in securities exists through a beneficial interest in a 13 trust, the securities held in such trust shall be listed ONLY IF the 14 reporting individual has knowledge thereof except where the report- 15 ing individual or the reporting individual's spouse or domestic 16 partner has transferred assets to such trust for his or her benefit 17 in which event such securities shall be listed unless they are not 18 ascertainable by the reporting individual because the trustee is 19 under an obligation or has been instructed in writing not to 20 disclose the contents of the trust to the reporting individual. 21 Securities of which the reporting individual or the reporting indi- 22 vidual's spouse or domestic partner is the owner of record but in 23 which such individual or the reporting individual's spouse or domes- 24 tic partner has no beneficial interest shall not be listed. Indi- 25 cate percentage of ownership ONLY if the reporting person or the 26 reporting person's spouse or domestic partner holds more than five 27 percent (5%) of the stock of a corporation in which the stock is 28 publicly traded or more than ten percent (10%) of the stock of a 29 corporation in which the stock is NOT publicly traded. Also list 30 securities owned for investment purposes by a corporation more than 31 fifty percent (50%) of the stock of which is owned or controlled by 32 the reporting individual or such individual's spouse or domestic 33 partner. For the purpose of this item the term "securities" shall 34 mean mutual funds, bonds, mortgages, notes, obligations, warrants 35 and stocks of any class, investment interests in limited or general 36 partnerships and certificates of deposits (CDs) and such other 37 evidences of indebtedness and certificates of interest as are usual- 38 ly referred to as securities. The market value for such securities 39 shall be reported only if reasonably ascertainable and shall not be 40 reported if the security is an interest in a general partnership 41 that was listed in item 8 (a) or if the security is corporate stock, 42 NOT publicly traded, in a trade or business of a reporting individ- 43 ual or a reporting individual's spouse or domestic partner. 44 Percentage 45 of corporate 46 stock owned 47 or controlled Category of 48 (if more than Market Value 49 5% of pub- as of the close 50 licly traded of the 51 stock, or taxable year 52 more than last occurringS. 8006--C 197 A. 9006--C 1 10% if stock prior to 2 Self/ Issuing Type of not publicly the filing of 3 Spouse Entity Security traded, is held) this statement 4 or (In Table II) 5 Domestic 6 Partner 7 ____________________________________________________________________ 8 ____________________________________________________________________ 9 ____________________________________________________________________ 10 ____________________________________________________________________ 11 ____________________________________________________________________ 12 17. List below the location, size, general nature, acquisition date, 13 market value and percentage of ownership of any real property in 14 which any vested or contingent interest in EXCESS of $1,000 is held 15 by the reporting individual or the reporting individual's spouse or 16 domestic partner. Also list real property owned for investment 17 purposes by a corporation more than fifty percent (50%) of the stock 18 of which is owned or controlled by the reporting individual or such 19 individual's spouse or domestic partner. Do NOT list any real prop- 20 erty which is the primary or secondary personal residence of the 21 reporting individual or the reporting individual's spouse or domes- 22 tic partner, except where there is a co-owner who is other than a 23 relative. 24 Self/ Percentage Category 25 Spouse/ General Acquisition of of Market 26 Domestic Nature Date Ownership Value 27 Partner (In 28 Corporation Location Size Table II) 29 ________________________________________________________________________ 30 ________________________________________________________________________ 31 ________________________________________________________________________ 32 ________________________________________________________________________ 33 ________________________________________________________________________ 34 18. List below all notes and accounts receivable, other than from goods 35 or services sold, held by the reporting individual at the close of 36 the taxable year last occurring prior to the date of filing and 37 other debts owed to such individual at the close of the taxable year 38 last occurring prior to the date of filing, in EXCESS of $1,000, 39 including the name of the debtor, type of obligation, date due and 40 the nature of the collateral securing payment of each, if any, 41 excluding securities reported in item 16 hereinabove. Debts, notes 42 and accounts receivable owed to the individual by a relative shall 43 not be reported. 44 Type of Obligation, Category 45 Date Due, and Nature of 46 Name of Debtor of Collateral, if any Amount 47 (In Table II) 48 ____________________________________________________________________ 49 ____________________________________________________________________S. 8006--C 198 A. 9006--C 1 ____________________________________________________________________ 2 ____________________________________________________________________ 3 ____________________________________________________________________ 4 19. List below all liabilities of the reporting individual and such 5 individual's spouse or domestic partner, in EXCESS of $10,000 as of 6 the date of filing of this statement, other than liabilities to a 7 relative. Do NOT list liabilities incurred by, or guarantees made 8 by, the reporting individual or such individual's spouse or domestic 9 partner or by any proprietorship, partnership or corporation in 10 which the reporting individual or such individual's spouse or domes- 11 tic partner has an interest, when incurred or made in the ordinary 12 course of the trade, business or professional practice of the 13 reporting individual or such individual's spouse or domestic 14 partner. Include the name of the creditor and any collateral 15 pledged by such individual to secure payment of any such liability. 16 A reporting individual shall not list any obligation to pay mainte- 17 nance in connection with a matrimonial action, alimony or child 18 support payments. Any loan issued in the ordinary course of business 19 by a financial institution to finance educational costs, the cost of 20 home purchase or improvements for a primary or secondary residence, 21 or purchase of a personally owned motor vehicle, household furniture 22 or appliances shall be excluded. If any such reportable liability 23 has been guaranteed by any third person, list the liability and name 24 the guarantor. 25 Category 26 Name of Creditor Type of Liability of 27 or Guarantor and Collateral, if any Amount 28 (In Table II) 29 ____________________________________________________________________ 30 ____________________________________________________________________ 31 ____________________________________________________________________ 32 ____________________________________________________________________ 33 ____________________________________________________________________ 34 The requirements of law relating to the reporting of financial 35 interests are in the public interest and no adverse inference of 36 unethical or illegal conduct or behavior will be drawn merely from 37 compliance with these requirements. 38 ___________________________________ _________________________ 39 (Signature of Reporting Individual) Date (month/day/year) 40 TABLE I 41 Category A none 42 Category B $ 1 to under $ 1,000 43 Category C $ 1,000 to under $ 5,000 44 Category D $ 5,000 to under $ 20,000 45 Category E $ 20,000 to under $ 50,000 46 Category F $ 50,000 to under $ 75,000 47 Category G $ 75,000 to under $ 100,000 48 Category H $ 100,000 to under $ 150,000 49 Category I $ 150,000 to under $ 250,000 50 Category J $ 250,000 to under $ 350,000S. 8006--C 199 A. 9006--C 1 Category K $ 350,000 to under $ 450,000 2 Category L $ 450,000 to under $ 550,000 3 Category M $ 550,000 to under $ 650,000 4 Category N $ 650,000 to under $ 750,000 5 Category O $ 750,000 to under $ 850,000 6 Category P $ 850,000 to under $ 950,000 7 Category Q $ 950,000 to under $1,050,000 8 Category R $1,050,000 to under $1,150,000 9 Category S $1,150,000 to under $1,250,000 10 Category T $1,250,000 to under $1,350,000 11 Category U $1,350,000 to under $1,450,000 12 Category V $1,450,000 to under $1,550,000 13 Category W $1,550,000 to under $1,650,000 14 Category X $1,650,000 to under $1,750,000 15 Category Y $1,750,000 to under $1,850,000 16 Category Z $1,850,000 to under $1,950,000 17 Category AA $1,950,000 to under $2,050,000 18 Category BB $2,050,000 to under $2,150,000 19 Category CC $2,150,000 to under $2,250,000 20 Category DD $2,250,000 to under $2,350,000 21 Category EE $2,350,000 to under $2,450,000 22 Category FF $2,450,000 to under $2,550,000 23 Category GG $2,550,000 to under $2,650,000 24 Category HH $2,650,000 to under $2,750,000 25 Category II $2,750,000 to under $2,850,000 26 Category JJ $2,850,000 to under $2,950,000 27 Category KK $2,950,000 to under $3,050,000 28 Category LL $3,050,000 to under $3,150,000 29 Category MM $3,150,000 to under $3,250,000 30 Category NN $3,250,000 to under $3,350,000 31 Category OO $3,350,000 to under $3,450,000 32 Category PP $3,450,000 to under $3,550,000 33 Category QQ $3,550,000 to under $3,650,000 34 Category RR $3,650,000 to under $3,750,000 35 Category SS $3,750,000 to under $3,850,000 36 Category TT $3,850,000 to under $3,950,000 37 Category UU $3,950,000 to under $4,050,000 38 Category VV $4,050,000 to under $4,150,000 39 Category WW $4,150,000 to under $4,250,000 40 Category XX $4,250,000 to under $4,350,000 41 Category YY $4,350,000 to under $4,450,000 42 Category ZZ $4,450,000 to under $4,550,000 43 Category AAA $4,550,000 to under $4,650,000 44 Category BBB $4,650,000 to under $4,750,000 45 Category CCC $4,750,000 to under $4,850,000 46 Category DDD $4,850,000 to under $4,950,000 47 Category EEE $4,950,000 to under $5,050,000 48 Category FFF $5,050,000 to under $5,150,000 49 Category GGG $5,150,000 to under $5,250,000 50 Category HHH $5,250,000 to under $5,350,000 51 Category III $5,350,000 to under $5,450,000 52 Category JJJ $5,450,000 to under $5,550,000 53 Category KKK $5,550,000 to under $5,650,000 54 Category LLL $5,650,000 to under $5,750,000 55 Category MMM $5,750,000 to under $5,850,000 56 Category NNN [$5,580,000] $5,850,000 to under $5,950,000S. 8006--C 200 A. 9006--C 1 Category OOO $5,950,000 to under $6,050,000 2 Category PPP $6,050,000 to under $6,150,000 3 Category QQQ $6,150,000 to under $6,250,000 4 Category RRR $6,250,000 to under $6,350,000 5 Category SSS $6,350,000 to under $6,450,000 6 Category TTT $6,450,000 to under $6,550,000 7 Category UUU $6,550,000 to under $6,650,000 8 Category VVV $6,650,000 to under $6,750,000 9 Category WWW $6,750,000 to under $6,850,000 10 Category XXX $6,850,000 to under $6,950,000 11 Category YYY $6,950,000 to under $7,050,000 12 Category ZZZ $7,050,000 to under $7,150,000 13 Category AAAA $7,150,000 to under $7,250,000 14 Category BBBB $7,250,000 to under $7,350,000 15 Category CCCC $7,350,000 to under $7,450,000 16 Category DDDD $7,450,000 to under $7,550,000 17 Category EEEE $7,550,000 to under $7,650,000 18 Category FFFF $7,650,000 to under $7,750,000 19 Category GGGG $7,750,000 to under $7,850,000 20 Category HHHH $7,850,000 to under $7,950,000 21 Category IIII $7,950,000 to under $8,050,000 22 Category JJJJ $8,050,000 to under $8,150,000 23 Category KKKK $8,150,000 to under $8,250,000 24 Category LLLL $8,250,000 to under $8,350,000 25 Category MMMM $8,350,000 to under $8,450,000 26 Category NNNN $8,450,000 to under $8,550,000 27 Category OOOO $8,550,000 to under $8,650,000 28 Category PPPP $8,650,000 to under $8,750,000 29 Category QQQQ $8,750,000 to under $8,850,000 30 Category RRRR $8,850,000 to under $8,950,000 31 Category SSSS $8,950,000 to under $9,050,000 32 Category TTTT $9,050,000 to under $9,150,000 33 Category UUUU $9,150,000 to under $9,250,000 34 Category VVVV $9,250,000 to under $9,350,000 35 Category WWWW $9,350,000 to under $9,450,000 36 Category XXXX $9,450,000 to under $9,550,000 37 Category YYYY $9,550,000 to under $9,650,000 38 Category ZZZZ $9,650,000 to under $9,750,000 39 Category AAAAA $9,750,000 to under $9,850,000 40 Category BBBBB $9,850,000 to under $9,950,000 41 Category CCCCC $9,950,000 to under $10,000,000 42 Category DDDDD $10,000,000 or over 43 TABLE II 44 Category A none 45 Category B $ 1 to under $ 1,000 46 Category C $ 1,000 to under $ 5,000 47 Category D $ 5,000 to under $ 20,000 48 Category E $ 20,000 to under $ 50,000 49 Category F $ 50,000 to under $ 75,000 50 Category G $ 75,000 to under $ 100,000 51 Category H $ 100,000 to under $ 150,000 52 Category I $ 150,000 to under $ 250,000 53 Category J $ 250,000 to under $ 500,000 54 Category K $ 500,000 to under $ 750,000 55 Category L $ 750,000 to under $1,000,000S. 8006--C 201 A. 9006--C 1 Category M $1,000,000 to under $1,250,000 2 Category N $1,250,000 to under $1,500,000 3 Category O $1,500,000 to under $1,750,000 4 Category P $1,750,000 to under $2,000,000 5 Category Q $2,000,000 to under $2,250,000 6 Category R $2,250,000 to under $2,500,000 7 Category S $2,500,000 to under $2,750,000 8 Category T $2,750,000 to under $3,000,000 9 Category U $3,000,000 to under $3,250,000 10 Category V $3,250,000 to under $3,500,000 11 Category W $3,500,000 to under $3,750,000 12 Category X $3,750,000 to under $4,000,000 13 Category Y $4,000,000 to under $4,250,000 14 Category Z $4,250,000 to under $4,500,000 15 Category AA $4,500,000 to under $4,750,000 16 Category BB $4,750,000 to under $5,000,000 17 Category CC $5,000,000 to under $5,250,000 18 Category DD $5,250,000 to under $5,500,000 19 Category EE $5,500,000 to under $5,750,000 20 Category FF $5,750,000 to under $6,000,000 21 Category GG $6,000,000 to under $6,250,000 22 Category HH $6,250,000 to under $6,500,000 23 Category II $6,500,000 to under $6,750,000 24 Category JJ $6,750,000 to under $7,000,000 25 Category KK $7,000,000 to under $7,250,000 26 Category LL $7,250,000 to under $7,500,000 27 Category MM $7,500,000 to under $7,750,000 28 Category NN $7,750,000 to under $8,000,000 29 Category OO $8,000,000 to under $8,250,000 30 Category PP $8,250,000 to under $8,500,000 31 Category QQ $8,500,000 to under $8,750,000 32 Category RR $8,750,000 to under $9,000,000 33 Category SS $9,000,000 to under $9,250,000 34 Category TT $9,250,000 to under $9,500,000 35 Category UU $9,500,000 or over 36 § 19. This act shall take effect on the ninetieth day after it shall 37 have become a law. 38 PART RR 39 Section 1. The opening paragraph and subdivisions 1 and 2 of section 40 1306 of the racing, pari-mutuel wagering and breeding law, the opening 41 paragraph as amended by chapter 243 of the laws of 2020 and subdivisions 42 1 and 2 as added by chapter 174 of the laws of 2013, are amended to read 43 as follows: 44 The New York state gaming facility location board shall select, 45 following a competitive process and subject to the restrictions of this 46 article, no more than [four] seven entities to apply to the commission 47 for gaming facility licenses; provided however, that no more than three 48 gaming facilities shall be located in zone one. In exercising its 49 authority, the board shall have all powers necessary or convenient to 50 fully carry out and effectuate its purposes including, but not limited 51 to, the following powers. The board shall: 52 1. issue a request for applications for zone one or two gaming facili- 53 ty licenses pursuant to section one thousand three hundred twelve or 54 section one thousand three hundred twenty-one-b of this article;S. 8006--C 202 A. 9006--C 1 2. assist the commission in prescribing the form of the application 2 for zone one or two gaming facility licenses including information to be 3 furnished by an applicant concerning an applicant's antecedents, habits, 4 character, associates, criminal record, business activities and finan- 5 cial affairs, past or present pursuant to section one thousand three 6 hundred thirteen or section one thousand three hundred twenty-one-c of 7 this article; 8 § 2. Subparagraph 2 of paragraph (a) of subdivision 2 of section 1310 9 of the racing, pari-mutuel wagering and breeding law, as added by chap- 10 ter 174 of the laws of 2013, is amended to read as follows: 11 (2) Region two shall consist of Bronx, Kings, New York, Queens and 12 Richmond counties[. No gaming facility shall be authorized in region13two]; and 14 § 3. The title heading of title 2 of article 13 of the racing, pari- 15 mutuel wagering and breeding law, as added by chapter 174 of the laws of 16 2013, is amended to read as follows: 17 FACILITY DETERMINATION AND LICENSING: UPSTATE GAMING FACILITIES 18 § 4. Section 1310 of title 2 of article 13 of the racing, pari-mutuel 19 wagering and breeding law is redesignated section 1310 of title 1 of 20 such article. 21 § 5. Subdivisions 1 and 3 of section 1311 of the racing, pari-mutuel 22 wagering and breeding law, subdivision 1 as amended by chapter 175 of 23 the laws of 2013 and subdivision 3 as added by section 6 of part Y of 24 chapter 59 of the laws of 2021, are amended to read as follows: 25 1. The commission is authorized to award up to four gaming facility 26 licenses, in regions one, two and five of zone two. The duration of such 27 initial license shall be ten years. The term of renewal shall be deter- 28 mined by the commission. The commission may award a second license to a 29 qualified applicant in no more than a single region. The commission is 30 not empowered to award any license [in zone one. No gaming facilities31are authorized] nor are any gaming facilities authorized under this 32 [article] title for the city of New York or any other portion of zone 33 one. 34 As a condition of licensure, licensees are required to commence gaming 35 operations no more than twenty-four months following license award. No 36 additional licenses may be awarded during the twenty-four month period, 37 nor for an additional sixty months following the end of the twenty-four 38 month period. Should the state legislatively authorize additional gaming 39 facility licenses within these periods, licensees shall have the right 40 to recover the license fee paid pursuant to section one thousand three 41 hundred six of this article. 42 This right shall be incorporated into the license itself, vest upon 43 the opening of a gaming facility in zone one or in the same region as 44 the licensee and entitle the holder of such license to bring an action 45 in the court of claims to recover the license fee paid pursuant to 46 section one thousand three hundred fifteen of this [article] title in 47 the event that any gaming facility license in excess of the number 48 authorized by this section as of the effective date of this section is 49 awarded within seven years from the date that the initial gaming facili- 50 ty license is awarded. This right to recover any such fee shall be 51 proportionate to the length of the respective period that is still 52 remaining upon the vesting of such right. 53 Additionally, the right to bring an action in the court of claims to 54 recover the fee paid to the state on the twenty-fourth day of September, 55 two thousand ten, by the operator of a video lottery gaming facility in 56 a city of more than one million shall vest with such operator upon theS. 8006--C 203 A. 9006--C 1 opening of any gaming facility licensed by the commission in zone one 2 within seven years from the date that the initial gaming facility 3 license is awarded; provided however that the amount recoverable shall 4 be limited to the pro rata amount of the time remaining until the end of 5 the seven year exclusivity period, proportionate to the period of time 6 between the date of opening of the video lottery facility until the 7 conclusion of the seven year period. 8 3. As a condition for continued licensure, licensees shall be required 9 to house upon the physical premises of the licensed gaming facility, 10 upon request, a mobile sports wagering platform provider's server or 11 other equipment used for receiving mobile sports wagers pursuant to 12 section [1367-a of the racing, pari-mutuel wagering and breeding law] 13 1367-a of this article; provided however, that such licensee shall be 14 entitled to the reasonable and actual costs, as determined by the gaming 15 commission, of physically housing and securing such server or other 16 equipment used for receiving mobile sports wagers at such licensee's 17 licensed gaming facility; and provided further, [that as consideration18for housing and securing such server at the physical premises of the19licensed gaming facility,] for the duration of the initial license term, 20 a mobile sports wagering platform [providers] provider shall pay [to21such licensed gaming facility, five] two and one-half million dollars 22 per year [for the duration of the time that such server is housed and23operating at the physical premises of such licensed gaming facility]. 24 Each gaming facility licensed under title two of this article shall 25 receive five million dollars per year, which shall be paid no later than 26 May first of each year. 27 § 6. The opening paragraph of subdivision 1 of section 1312 of the 28 racing, pari-mutuel wagering and breeding law, as added by chapter 174 29 of the laws of 2013, is amended to read as follows: 30 The board shall issue within ninety days of a majority of members 31 being appointed a request for applications for a gaming facility license 32 in regions one, two and five in zone two; provided, however, that the 33 board shall not issue any requests for applications for any region in 34 zone one under this title; and further provided that the board shall not 35 issue any requests for applications with respect to any gaming facility 36 subsequently legislatively authorized until seven years following the 37 commencement of gaming activities in zone two, unless such request for 38 application with respect to any subsequently legislatively authorized 39 gaming facility adheres to the procedure as described in section one 40 thousand three hundred eleven of this title. All requests for applica- 41 tions shall include: 42 § 7. Article 13 of the racing, pari-mutuel wagering and breeding law 43 is amended by adding a new title 2-A to read as follows: 44 TITLE 2-A 45 FACILITY DETERMINATION AND LICENSING: ADDITIONAL GAMING FACILITIES 46 Section 1321-a. License authorization; restrictions. 47 1321-b. Requests for applications. 48 1321-c. Form of application. 49 1321-d. License applicant eligibility. 50 1321-e. Required capital investment. 51 1321-f. Minimum license thresholds. 52 1321-g. Investigation of license applicants. 53 1321-h. Disqualifying criteria. 54 1321-i. Hearings. 55 1321-j. Siting evaluation. 56 1321-k. Zoning.S. 8006--C 204 A. 9006--C 1 § 1321-a. License authorization; restrictions. 1. The commission is 2 authorized to award up to three additional gaming facility licenses. The 3 duration of such initial license and the term of renewal shall be deter- 4 mined by the commission; provided however, that such initial license 5 term shall be no less than ten years but no more than thirty years based 6 on the proposed total investment of the applicant's project. 7 2. If any of the three additional gaming facility licenses are awarded 8 to an entity that was licensed for video lottery gaming pursuant to 9 section sixteen hundred seventeen-a of the tax law as of January first 10 two thousand twenty-two, the education aid for the state resulting from 11 taxes imposed pursuant to subdivision one-a of section thirteen hundred 12 fifty-one of this article on the gaming facility operations of any such 13 entity in a given state fiscal year shall be no less than the total of 14 education aid deposits into the state lottery fund from the video 15 lottery gaming operations of such entity for the full twelve month peri- 16 od immediately preceding its opening date as a gaming facility, provided 17 however, that the twelve month period education aid total shall not be 18 less than the education aid total from the video lottery gaming oper- 19 ations of such entity for state fiscal year two thousand twenty-two. 20 Should the education aid for the state resulting from taxes imposed 21 pursuant to subdivision one-a of section thirteen hundred fifty-one of 22 this article on the gaming facility operations of such entity at the 23 conclusion of a given state fiscal year be less than the total required 24 under this subdivision, such entity shall remit the necessary payment to 25 the commission for deposit into the commercial gaming revenue fund no 26 later than the next occurring May first. Notwithstanding section nine- 27 ty-seven-nnnn of the state finance law, such payment into the commercial 28 gaming revenue fund shall be available only for elementary and secondary 29 education. For the purposes of this section, video lottery gaming oper- 30 ations of an entity shall include any hosted video lottery devices. 31 3. Notwithstanding the foregoing, no casino gaming facility shall be 32 authorized: 33 (a) in the counties of Clinton, Essex, Franklin, Hamilton, Jefferson, 34 Lewis, Saint Lawrence and Warren; 35 (b) within the following area: (1) to the east, State Route 14 from 36 Sodus Point to the Pennsylvania border with New York; (2) to the north, 37 the border between New York and Canada; (3) to the south, the Pennsylva- 38 nia border with New York; and (4) to the west, the border between New 39 York and Canada and the border between Pennsylvania and New York; and 40 (c) in the counties of Cayuga, Chenango, Cortland, Herkimer, Lewis, 41 Madison, Oneida, Onondaga, Oswego and Otsego. 42 § 1321-b. Requests for applications. Requests for applications shall 43 be handled in the same manner as provided for in section thirteen 44 hundred twelve of this article for gaming licenses authorized but not 45 awarded, provided however that any requests for applications for gaming 46 facility licenses authorized but not awarded may be for gaming facility 47 licenses in any region in zone one or in regions one, two and five in 48 zone two. 49 § 1321-c. Form of application. The form of the application shall be 50 the same as established under section thirteen hundred thirteen of this 51 article. 52 § 1321-d. License applicant eligibility. 1. Gaming facility licenses 53 shall only be issued to applicants who are qualified under the criteria 54 set forth in this article, as determined by the commission. 55 2. Prior to official review by the board, each potential license 56 applicant must:S. 8006--C 205 A. 9006--C 1 (a) demonstrate to the board's satisfaction that the applicant has 2 acquired public support and presented evidence of compliance and 3 approval with all required state and local zoning requirements as 4 required under subdivision three of this section and section thirteen 5 hundred twenty-one-k of this title; and 6 (b) waive all rights they or any affiliated entity possess under 7 section thirteen hundred eleven of this article to bring an action to 8 recover a fee. 9 (c) pursuant to section thirteen hundred twenty-one-f of this title, 10 an applicant shall pay to the commission an application fee of one 11 million dollars to defray the costs associated with the processing of 12 the application, commission expenses related to the community advisory 13 committee, and investigation of the applicant; provided, however, that 14 if the costs exceed the initial application fee, the applicant shall pay 15 the additional amount to the commission within thirty days after notifi- 16 cation of insufficient fees or the application shall be rejected and 17 further provided that should the costs not exceed the fee remitted, any 18 unexpended portion shall be returned to the applicant; 19 3. (a) For each applicant who proposes a gaming facility located in 20 region two of zone one, there shall be established a community advisory 21 committee. Each committee shall consist of six members, one to be 22 appointed by the governor, one to be appointed by the senator represent- 23 ing the senate district where the proposed facility is to be located, 24 one to be appointed by the assemblymember representing the assembly 25 district where the proposed facility is to be located, one to be 26 appointed by the borough president where the facility is proposed to be 27 located, one to be appointed by the city councilmember representing the 28 district where the facility is proposed to be located, and one to be 29 appointed by the New York city mayor. 30 (b) For each applicant who proposes a gaming facility located in 31 regions one or three of zone one, or regions one, two or five of zone 32 two there shall be established a community advisory committee. Each 33 committee shall consist of five members, one to be appointed by the 34 governor, one to be appointed by the senator representing the senate 35 district where the proposed facility is to be located, one to be 36 appointed by the assemblymember representing the assembly district where 37 the proposed facility is to be located, one to be appointed by the coun- 38 ty executive of the county where the facility is proposed to be located, 39 and one to be appointed as follows: 40 (i) If the proposed facility is to be located in a city, one to be 41 appointed by the mayor of such city; 42 (ii) If the proposed facility is to be located in a town, one to be 43 appointed by the town supervisor of such town; or 44 (iii) If the proposed facility is to be located in a village, one 45 representative to be appointed jointly by the village mayor and the town 46 supervisor. 47 (c) The activities of the community advisory committees constituted 48 pursuant to this subdivision shall be subject to the open meetings 49 provisions contained in article seven of the public officers law. 50 (d) The commission may hire a consultant to serve as a community 51 consultant to assist and manage the community advisory committee proc- 52 ess. The commission or community consultant shall provide administra- 53 tive support and technical assistance for the establishment and activ- 54 ities of committees constituted pursuant to this subdivision. 55 (e) Prior to a determination on any application by the board, the 56 following community advisory committee process shall apply:S. 8006--C 206 A. 9006--C 1 (i) Upon the majority of members of the board being appointed, a 2 community consultant may be hired by the commission to manage the proc- 3 ess and any other activities as determined by the commission; 4 (ii) the commission shall issue a request for applications no later 5 than ninety days following the majority of members of the board being 6 appointed; 7 (iii) interested entities may submit an application to the board who 8 shall provide such application to the community consultant; 9 (iv) the community consultant shall notify the commission of all 10 applications and notify the appropriate appointing authorities of their 11 responsibility to submit appointments for each required community advi- 12 sory committee established pursuant to this section; 13 (v) the community consultant shall ensure the formation of each 14 committee, as necessary; 15 (vi) upon notification, the appointing authority shall appoint their 16 respective appointees; 17 (vii) upon a committee's first meeting the respective appointees shall 18 elect by majority vote a committee chair; 19 (viii) the community consultant shall assign applications to each 20 appropriate committee; 21 (ix) each committee shall review, solicit public comments and written 22 submissions of such comments, and hold public hearings; 23 (x) upon a two-thirds vote, each committee shall issue a finding 24 either establishing public support approving or disapproving the appli- 25 cation. 26 (f) Following a two-thirds vote by the applicable community advisory 27 committee, the following shall apply: 28 (i) Upon notification of a finding of support in approval of an appli- 29 cation following a two-thirds vote by the appropriate committee, the 30 community consultant shall notify the applicant, board, and commission; 31 (ii) following such notification, the applicant must comply and 32 receive approval under the applicable state and local zoning require- 33 ments; 34 (iii) the board shall not issue a decision on the application until 35 the applicant presents evidence of compliance and approval with all 36 necessary state and local zoning requirements. 37 4. The expiration of the seven year restricted period from the date 38 that an initial gaming facility license was awarded is February twenty- 39 eighth, two thousand twenty-three for the three initial casino licenses 40 and November twenty-second, two thousand twenty-three for the final 41 casino license awarded. Should an applicant or applicants commence 42 gaming activities prior to such dates, such applicant or applicants 43 shall be jointly and severally liable for payment of the proportionate 44 fee for the respective period remaining as required by section thirteen 45 hundred eleven of this article. 46 § 1321-e. Required capital investment. 1. The board shall establish 47 the minimum capital investment for each unawarded gaming facility 48 license. Such investment may include, but not be limited to, a casino 49 area, hotel and other amenities; and provided further, that the board 50 shall determine whether it will include the purchase or lease price of 51 the land where the gaming facility will be located or any infrastructure 52 designed to support the site including, but not limited to, drainage, 53 utility support, roadways, interchanges, fill and soil or groundwater or 54 surface water contamination issues. The board may consider private capi- 55 tal investment made previous to the effective date of this title, but 56 may, in its discretion, discount a percentage of the investment made.S. 8006--C 207 A. 9006--C 1 Upon award of a gaming license by the commission, the commission shall 2 require the applicant to deposit no less than five percent and no more 3 than ten percent of the total investment proposed in the application 4 into an interest-bearing account based on the liquidity of the appli- 5 cant. Monies received from the applicant shall be held in escrow until 6 the final stage of construction, as detailed in the timeline of 7 construction submitted with the licensee's application and approved by 8 the commission, at which time the deposit plus interest earned shall be 9 returned to the applicant to be applied for the final stage. Should the 10 applicant be unable to complete the gaming facility, the deposit shall 11 be forfeited to the state. In place of a cash deposit, the commission 12 may allow for an applicant to secure a deposit bond insuring that such 13 percent of the proposed capital investment shall be forfeited to the 14 state if the applicant is unable to complete the gaming facility. 15 2. Each applicant shall submit its proposed capital investment with 16 its application to the board which shall include stages of construction 17 of the gaming facility and the deadline by which the stages and overall 18 construction and any infrastructure improvements will be completed. In 19 awarding a license, the commission shall determine at what stage of 20 construction a licensee shall be approved to open for gaming; provided, 21 however, that a licensee shall not be approved to open for gaming until 22 the commission has determined that at least the gaming area and other 23 ancillary entertainment services and non-gaming amenities, as required 24 by the board, have been built and are of a superior quality as set forth 25 in the conditions of licensure. The commission shall not approve a 26 gaming facility to open before the completion of the permanent casino 27 area. 28 3. The board shall determine a licensing fee to be paid by a licensee 29 within thirty days after the award of the license which shall be depos- 30 ited into the commercial gaming revenue fund, provided however that no 31 licensing fee shall be less than five hundred million dollars. The 32 license shall set forth the conditions to be satisfied by the licensee 33 before the gaming facility shall be opened to the public. The commission 34 shall set any renewal fee for such license based on the cost of fees 35 associated with the evaluation of a licensee under this article which 36 shall be deposited into the commercial gaming fund. Such renewal fee 37 shall be exclusive of any subsequent licensing fees under this section. 38 4. The commission shall determine the sources and total amount of an 39 applicant's proposed capitalization to develop, construct, maintain and 40 operate a proposed gaming facility under this article. Upon award of a 41 gaming license, the commission shall continue to assess the capitaliza- 42 tion of a licensee for the duration of construction of the proposed 43 gaming facility and the term of the license. 44 § 1321-f. Minimum license thresholds. The minimum licensing thresh- 45 olds shall be the same as those established under section thirteen 46 hundred sixteen of this article. 47 § 1321-g. Investigation of license applicants. The process used to 48 investigate license applicants shall be the same process established 49 under section thirteen hundred seventeen of this article. 50 § 1321-h. Disqualifying criteria. The criteria to disqualify appli- 51 cants shall be the same criteria used for upstate gaming facility 52 licensing, which are enumerated in section thirteen hundred eighteen of 53 this article. 54 § 1321-i. Hearings. The process used for hearings shall be the same 55 process established under section thirteen hundred nineteen of this 56 article.S. 8006--C 208 A. 9006--C 1 § 1321-j. Siting evaluation. In determining whether an applicant shall 2 be eligible for a gaming facility license, the board shall evaluate and 3 make a determination of how each applicant proposes to advance the 4 following objectives with consideration given to the differences between 5 proposed projects related to whether it is a conversion of an existing 6 video lottery gaming facility or new facility construction, and the 7 proposed location. The board shall also conduct an analysis of the 8 revenue impact of each applicant's proposed gaming facility on existing 9 facilities and potential new facilities. 10 1. The decision by the board to select a gaming facility license 11 applicant shall be weighted by seventy percent based on economic activ- 12 ity and business development factors including: 13 (a) realizing capital investment exclusive of land acquisition and 14 infrastructure improvements; 15 (b) maximizing revenues received by the state and localities; 16 (c) providing the highest number of quality jobs in the gaming facili- 17 ty; 18 (d) building a gaming facility of the highest caliber with a variety 19 of quality amenities; 20 (e) offering the highest and best value to patrons to create a secure 21 and robust gaming market in the region and the state; 22 (f) detailing the benefits of the site location of the gaming facility 23 and the estimated recapture rate of gaming-related spending by residents 24 travelling to an out-of-state gaming facility; 25 (g) offering a reasonable and feasible construction schedule to 26 completion of the full gaming facility; 27 (h) demonstrating the ability to fully finance the gaming facility; 28 and 29 (i) demonstrating experience in the development and operation of a 30 quality gaming facility; 31 2. The decision by the board to select a gaming facility license 32 applicant shall be weighted by ten percent based on local impact siting 33 factors including: 34 (a) mitigating potential impacts on host and nearby municipalities 35 which might result from the development or operation of the gaming 36 facility; 37 (b) operating in partnership with and promoting local hotels, restau- 38 rants and retail facilities so that patrons experience the full diversi- 39 fied regional tourism industry; and 40 (c) establishing a fair and reasonable partnership with live enter- 41 tainment venues that may be impacted by a gaming facility under which 42 the gaming facility actively supports the mission and the operation of 43 the impacted entertainment venues; 44 3. The decision by the board to select a gaming facility license 45 applicant shall be weighted by ten percent based on workforce enhance- 46 ment factors including: 47 (a) implementing a workforce development plan that utilizes the exist- 48 ing labor force, including the estimated number of construction jobs a 49 proposed gaming facility will generate, the development of workforce 50 training programs that serve the unemployed and methods for accessing 51 employment at the gaming facility; 52 (b) taking additional measures to address problem gambling including, 53 but not limited to, training of gaming employees to identify patrons 54 exhibiting problems with gambling; 55 (c) utilizing sustainable development principles including, but not 56 limited to:S. 8006--C 209 A. 9006--C 1 (1) having new and renovation construction certified under the appro- 2 priate certification category in the Leadership in Energy and Environ- 3 mental Design Green Building Rating System created by the United States 4 Green Building Council; 5 (2) efforts to mitigate vehicle trips; 6 (3) efforts to conserve water and manage storm water; 7 (4) demonstrating that electrical and HVAC equipment and appliances 8 will be Energy Star labeled where available; 9 (5) procuring or generating on-site ten percent of its annual elec- 10 tricity consumption from renewable sources; and 11 (6) developing an ongoing plan to submeter and monitor all major 12 sources of energy consumption and undertake regular efforts to maintain 13 and improve energy efficiency of buildings in their systems; 14 (d) establishing, funding and maintaining human resource hiring and 15 training practices that promote the development of a skilled and diverse 16 workforce and access to promotion opportunities through a workforce 17 training program that: 18 (1) establishes transparent career paths with measurable criteria 19 within the gaming facility that lead to increased responsibility and 20 higher pay grades that are designed to allow employees to pursue career 21 advancement and promotion; 22 (2) provides employee access to additional resources, such as tuition 23 reimbursement or stipend policies, to enable employees to acquire the 24 education or job training needed to advance career paths based on 25 increased responsibility and pay grades; and 26 (3) establishes an on-site child day care program; 27 (e) purchasing, whenever possible, domestically manufactured slot 28 machines for installation in the gaming facility; 29 (f) implementing a workforce development plan that: 30 (1) utilizes the existing labor force in the state; 31 (2) estimates the number of construction jobs a gaming facility will 32 generate and provides for equal employment opportunities and which 33 includes specific goals for the utilization of minorities, women and 34 service-disabled veterans on those construction jobs; 35 (3) identifies workforce training programs offered by the gaming 36 facility; and 37 (4) identifies the methods for accessing employment at the gaming 38 facility; and 39 (5) incorporates a workforce diversity framework, which is scored 40 under subdivision four of this section. 41 (g) demonstrating that the applicant has an agreement with organized 42 labor, including hospitality services, and has the support of organized 43 labor for its application, which specifies: 44 (1) the number of employees to be employed at the gaming facility, 45 including detailed information on the pay rate and benefits for employ- 46 ees and contractors in the gaming facility and all infrastructure 47 improvements related to the project; and 48 (2) detailed plans for assuring labor harmony during all phases of the 49 construction, reconstruction, renovation, development and operation of 50 the gaming facility. 51 4. The decision by the board to select a gaming facility license 52 applicant shall be weighted by ten percent based on a diversity frame- 53 work. Diversity framework factors shall include, but not be limited to, 54 the following:S. 8006--C 210 A. 9006--C 1 (a) workforce demographics including current employment of minorities, 2 women and service-disabled veterans in permanent and part-time jobs at 3 the applicant's gaming facilities; 4 (b) diversity in the ownership and leadership of the corporate entity; 5 (c) efforts the applicant is currently undertaking to ensure diversity 6 at its facilities and plans to undertake at this proposed facility 7 including: 8 (1) establishing mentorship opportunities and other business develop- 9 ment programs; 10 (2) incorporating an affirmative action program of equal opportunity 11 by which the applicant guarantees to provide equal employment opportu- 12 nities to all employees qualified for licensure in all employment cate- 13 gories, including minorities, women and persons with disabilities; 14 (3) providing specific goals for the inclusion of minorities, women 15 and veterans on construction jobs; 16 (4) ensuring that any contractors or subcontractors to any contractor 17 make good faith efforts to provide minorities, women and veterans an 18 opportunity to participate in the workforce; 19 (5) working and partnering with minority-owned businesses; 20 (6) developing a plan of action that shall promote diversity in its 21 business model, financing, employment goals, and other social and 22 economic equity roles in the gaming industry; and 23 (7) any such further criteria as the board shall see fit for inclusion 24 after consultation with the division of minority and women's business 25 development in the department of economic development. 26 § 1321-k. Zoning. 1. Notwithstanding section thirteen hundred sixty- 27 six of this article, all gaming facilities licensed pursuant to this 28 title shall comply with all relevant city, county, town, or village land 29 use or zoning ordinances, rules, or regulations if applicable. 30 2. (a) In addition, for any gaming facility located within the city of 31 New York, all applicable zoning provisions shall be subject to the 32 uniform land use review procedure pursuant to section one hundred nine- 33 ty-seven-c of the New York city charter if such provisions would other- 34 wise be applicable; and 35 (b) Any determination on whether gaming is a permissible use or activ- 36 ity or whether any other activity taken pursuant to the uniform land use 37 review procedure shall not be subject to a mayoral zoning override, 38 special permit process, or any other action or decision that preempts, 39 circumvents, or supersedes the usual and customary local zoning process. 40 § 8. Section 1351 of the racing, pari-mutuel wagering and breeding law 41 is amended by adding a new subdivision 1-a to read as follows: 42 1-a. For a gaming facility licensed pursuant to title two-A of this 43 article, there is hereby imposed a tax on gross gaming revenues with the 44 rates to be determined by the gaming commission pursuant to a compet- 45 itive bidding process as outlined in title two-A of this article; 46 provided however that the tax rate on gross gaming revenue from slot 47 machines shall be no less than twenty-five percent and the tax rate on 48 gross gaming revenue from all other sources shall be no less than ten 49 percent. 50 § 9. Section 109-a of the racing, pari-mutuel wagering and breeding 51 law, as added by chapter 174 of the laws of 2013, is amended to read as 52 follows: 53 § 109-a. Separate board for facility siting. The commission shall 54 establish a separate board to be known as the New York gaming facility 55 location board to perform designated functions under article thirteen of 56 this chapter, the following provisions shall apply to the board:S. 8006--C 211 A. 9006--C 1 1. The commission shall select five members and name the chair of the 2 board. Each member of the board shall be a resident of the state of New 3 York. No member of the legislature or person holding any elective or 4 appointive office in federal, state or local government shall be eligi- 5 ble to serve as a member of the board. 6 2. A majority of members of the board shall be appointed within one 7 hundred eighty days of the date that title two-A of this article shall 8 become law. 9 3. Qualifications of members. Members of the board shall each possess 10 no less than ten years of responsible experience in fiscal matters and 11 shall have any one or more of the following qualifications: 12 (a) significant service as an accountant economist, or financial 13 analyst experienced in finance or economics; 14 (b) significant service in an academic field relating to finance or 15 economics; 16 (c) significant service and knowledge of the commercial real estate 17 industry; or 18 (d) significant service as an executive with fiduciary responsibil- 19 ities in charge of a large organization or foundation. 20 [3.] 4. No member of the board: 21 (a) may have a close familial or business relationship to a person 22 that holds a license under this chapter; 23 (b) may have any direct or indirect financial interest, ownership, or 24 management, including holding any stocks, bonds, or other similar finan- 25 cial interests in any gaming activities, including horse racing, lottery 26 or gambling; 27 (c) may receive or share in, directly or indirectly, the receipts or 28 proceeds of any gaming activities, including horse racing, lottery or 29 gambling; 30 (d) may have a beneficial interest in any contract for the manufacture 31 or sale of gaming devices, the conduct of any gaming activity, or the 32 provision of any independent consulting services in connection with any 33 establishment licensed under this chapter. 34 [4.] 5. Board members are entitled to actual and necessary expenses 35 incurred in the discharge of their duties but may not receive compen- 36 sation for their service on the board. 37 [5.] 6. (a) The commission shall provide staff to the board. 38 (b) The board [shall] may contract with [an outside] a consultant to 39 [provide] assist in the analysis of [the gaming industry and to support40the board's comprehensive review and evaluation of the] applications 41 submitted [to the board] for gaming facility licenses. 42 (c) The board may contract with attorneys, accountants, auditors and 43 financial and other experts to render necessary services. 44 (d) All other state agencies shall cooperate with and assist the board 45 in the fulfillment of its duties under this article and may render such 46 services to the board within their respective functions as the board may 47 reasonably request. 48 [6] 7. Utilizing the powers and duties prescribed for it by article 49 thirteen of this chapter, the board shall select, through a competitive 50 process consistent with provisions of article thirteen of this chapter, 51 not more than [four] seven gaming facility license applicants. Such 52 selectees shall be authorized to receive a gaming facility license, if 53 found suitable by the commission. The board may select another applicant 54 for authorization to be licensed as a gaming facility if a previous 55 selectee fails to meet licensing thresholds, is revoked or surrenders a 56 license opportunity.S. 8006--C 212 A. 9006--C 1 § 10. The opening paragraph of section 1348 of the racing, pari-mutuel 2 wagering and breeding law, as added by chapter 174 of the laws of 2013, 3 is amended to read as follows: 4 In addition to any other tax or fee imposed by this article, there 5 shall be imposed an annual license fee of five hundred dollars for each 6 slot machine and table approved by the commission for use by a gaming 7 licensee at a gaming facility located in zone two; [provided] and there 8 shall be imposed an annual license fee of seven hundred fifty dollars 9 for each slot machine and table game approved by the commission for 10 use by a gaming licensee at a gaming facility located in zone one. 11 Provided, however, that not sooner than five years after award of an 12 original gaming license, the commission may annually adjust the fee for 13 inflation. The fee shall be imposed as of July first of each year for 14 all approved slot machines and tables on that date and shall be assessed 15 on a pro rata basis for any slot machine or table approved for use ther- 16 eafter. 17 § 11. Section 1355 of the racing, pari-mutuel wagering and breeding 18 law is amended by adding a new subdivision 3 to read as follows: 19 3. As part of the final gaming facility license award process for 20 licenses authorized under title two-A of this article, the commission 21 shall determine the obligations of such entity or entities required to 22 maintain certain racing support payments at the same dollar level real- 23 ized in two thousand nineteen, to be adjusted annually pursuant to 24 changes in the consumer price index for all urban consumers, as 25 published annually by the United States department of labor bureau of 26 labor statistics. 27 (a) In either region two or three of zone one, one or more licensees 28 shall pay an amount to horsemen for the purpose of enhancing purses at 29 Aqueduct racetrack, Belmont Park racetrack and Saratoga race course, an 30 amount to the franchise corporation, and an amount to the New York state 31 thoroughbred breeding and development fund that, in aggregate, shall be 32 equal to the racing support payments made from video lottery gaming 33 operations to the relevant horsemen, breeders organizations or fran- 34 chised corporation at the same dollar level realized in two thousand 35 nineteen, to be adjusted annually pursuant to changes in the consumer 36 price index for all urban consumers, as published annually by the United 37 States department of labor bureau of labor statistics. 38 (b) In region one of zone one, one or more licensees shall pay an 39 amount to the relevant horsemen and the breeders organizations at Yonk- 40 ers Raceway at the same dollar level realized in two thousand nineteen, 41 to be adjusted annually pursuant to changes in the consumer price index 42 for all urban consumers, as published annually by the United States 43 department of labor bureau of labor statistics. 44 § 12. This act shall take effect immediately. 45 PART SS 46 Section 1. The second undesignated paragraph of subdivision a of 47 section 517 of the retirement and social security law, as amended by 48 chapter 18 of the laws of 2012, is amended to read as follows: 49 Notwithstanding the foregoing, during each of the first three plan 50 years (April first to March thirty-first) in which such member has 51 established membership in the New York state and local employees' 52 retirement system, such member shall contribute a percentage of annual 53 wages in accordance with the preceding schedule based upon a projection 54 of annual wages provided by the employer. Notwithstanding the foregoing,S. 8006--C 213 A. 9006--C 1 when determining the rate at which each such member who became a member 2 of the New York state and local employees' retirement system on or after 3 April first, two thousand twelve shall contribute for any plan year 4 (April first to March thirty-first) between April first, two thousand 5 twenty-two and April first, two thousand twenty-four, such rate shall be 6 determined by reference to employees annual base wages of such member in 7 the second plan year (April first to March thirty-first) preceding such 8 current plan year. Base wages shall include regular pay, shift differen- 9 tial pay, location pay, and any increased hiring rate pay, but shall not 10 include any overtime payments. 11 § 2. The second undesignated paragraph of paragraph 1 and the second 12 undesignated paragraph of paragraph 2 of subdivision a, the second 13 undesignated paragraph of subdivision f and the second undesignated 14 paragraph of subdivision g of section 613 of the retirement and social 15 security law, the second undesignated paragraph of paragraph 1 and the 16 second undesignated paragraph of paragraph 2 of subdivision a as amended 17 by chapter 510 of the laws of 2015 and the second undesignated paragraph 18 of subdivision f and the second undesignated paragraph of subdivision g 19 as amended by chapter 18 of the laws of 2012, are amended to read as 20 follows: 21 Notwithstanding the foregoing, during each of the first three plan 22 years (April first to March thirty-first, except for members of New York 23 city employees' retirement system, New York city teachers' retirement 24 system and New York city board of education retirement system, plan year 25 shall mean January first through December thirty-first commencing with 26 the January first next succeeding the effective date of [the] chapter 27 five hundred ten of the laws of two thousand fifteen [that amended this28paragraph]) in which such member has established membership in a public 29 retirement system of the state, such member shall contribute a percent- 30 age of annual wages in accordance with the preceding schedule based upon 31 a projection of annual wages provided by the employer. Notwithstanding 32 the foregoing, when determining the rate at which each such member who 33 became a member of the New York state and local employees' retirement 34 system, New York city employees' retirement system, New York city teach- 35 ers' retirement system and New York city board of education retirement 36 system, on or after April first, two thousand twelve shall contribute 37 for any plan year (April first to March thirty-first, except for members 38 of the New York city employees' retirement system, New York city teach- 39 ers' retirement system and New York city board of education retirement 40 system, plan year shall mean January first through December thirty-first 41 commencing with January first next succeeding the effective date of 42 chapter five hundred ten of the laws of two thousand fifteen) between 43 April first, two thousand twenty-two and April first, two thousand twen- 44 ty-four, such rate shall be determined by reference to employees annual 45 base wages of such member in the second plan year (April first to March 46 thirty-first) preceding such current plan year. Base wages shall include 47 regular pay, shift differential pay, location pay, and any increased 48 hiring rate pay, but shall not include any overtime payments or compen- 49 sation earned for extracurricular programs or any other pensionable 50 earnings paid in addition to the annual base wages. 51 Notwithstanding the foregoing, during each of the first three plan 52 years (April first to March thirty-first, provided, however, that plan 53 year shall mean January first through December thirty-first commencing 54 with the January first next succeeding the effective date of [the] chap- 55 ter five hundred ten of the laws of two thousand fifteen [that amended56this paragraph]) in which such member has established membership in theS. 8006--C 214 A. 9006--C 1 New York city employees' retirement system, such member shall contribute 2 a percentage of annual wages in accordance with the preceding schedule 3 based upon a projection of annual wages provided by the employer. 4 Notwithstanding the foregoing, when determining the rate at which each 5 such member who became a member of, New York city employees' retirement 6 system, on or after April first, two thousand twelve shall contribute 7 for any plan year (April first to March thirty-first, provided, howev- 8 er, that plan year shall mean January first through December thirty- 9 first commencing with the January first next succeeding the effective 10 date of chapter five hundred ten of the laws of two thousand fifteen) 11 between April first, two thousand twenty-two and April first, two thou- 12 sand twenty-four, such rate shall be determined by reference to 13 employees annual base wages of such member in the second plan year 14 (April first to March thirty-first) preceding such current plan year. 15 Base wages shall include regular pay, shift differential pay, location 16 pay, and any increased hiring rate pay, but shall not include any over- 17 time payments. 18 Notwithstanding the foregoing, during each of the first three plan 19 years (April first to March thirty-first) in which such member has 20 established membership in the New York state and local employees' 21 retirement system, such member shall contribute a percentage of annual 22 wages in accordance with the preceding schedule based upon a projection 23 of annual wages provided by the employer. Notwithstanding the foregoing, 24 when determining the rate at which each such member who became a member 25 of the New York state and local employees' retirement system on or after 26 April first, two thousand twelve shall contribute for any plan year 27 (April first to March thirty-first) between April first, two thousand 28 twenty-two and April first, two thousand twenty-four, such rate shall be 29 determined by reference to employees annual base wages of such member in 30 the second plan year (April first to March thirty-first) preceding such 31 current plan year. Base wages shall include regular pay, shift differen- 32 tial pay, location pay, and any increased hiring rate pay, but shall not 33 include any overtime payments. 34 Notwithstanding the foregoing, during each of the first three plan 35 years (July first to June thirtieth) in which such member has estab- 36 lished membership in the New York state teachers' retirement system, 37 such member shall contribute a percentage of annual wages in accordance 38 with the preceding schedule based upon a projection of annual wages 39 provided by the employer. Notwithstanding the foregoing, when determin- 40 ing the contribution rate at which a member of the New York state teach- 41 ers' retirement system with a date of membership on or after April 42 first, two thousand twelve shall contribute for plan years (July first 43 to June thirtieth) between July first, two thousand twenty-two and July 44 first, two thousand twenty-four, such rate shall be determined by refer- 45 ence to the member's annual base wages in the second plan year (July 46 first to June thirtieth) preceding such current plan year. Annual base 47 wages shall not include compensation earned for extracurricular programs 48 or any other pensionable earnings paid in addition to the annual base 49 wages. 50 § 3. The second undesignated paragraph of section 1204 of the retire- 51 ment and social security law, as amended by chapter 18 of the laws of 52 2012, is amended to read as follows: 53 Notwithstanding the foregoing, during each of the first three plan 54 years (April first to March thirty-first) in which such member has 55 established membership in the New York state and local police and fire 56 retirement system, such member shall contribute a percentage of annualS. 8006--C 215 A. 9006--C 1 wages in accordance with the preceding schedule based upon a projection 2 of annual wages provided by the employer. Notwithstanding the foregoing, 3 when determining the rate at which each such member who became a member 4 of the New York state and local police and fire retirement system on or 5 after April first, two thousand twelve shall contribute for any plan 6 year (April first to March thirty-first) between April first, two thou- 7 sand twenty-two and April first, two thousand twenty-four, such rate 8 shall be determined by reference to employees annual base wages of such 9 member in the second plan year (April first to March thirty-first) 10 preceding such current plan year. Base wages shall include regular pay, 11 shift differential pay, location pay, and any increased hiring rate pay, 12 but shall not include any overtime payments. Effective April first, two 13 thousand twelve, all members subject to the provisions of this article 14 shall not be required to make member contributions on annual wages 15 excluded from the calculation of final average salary pursuant to 16 section [1203] twelve hundred three of this article. Nothing in this 17 section, however, shall be construed or deemed to allow members to 18 receive a refund of any member contributions on such wages paid prior to 19 April first, two thousand twelve. 20 § 4. Nothing in this act shall be construed or deemed to allow members 21 to receive a refund of any member contributions made or collected prior 22 to the effective date of this act. 23 § 5. Notwithstanding any other provision of law to the contrary, none 24 of the provisions of this act shall be subject to section 25 of the 25 retirement and social security law. 26 § 6. This act shall take effect immediately and shall be deemed to 27 have been in full force and effect on and after April 1, 2022. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill would exclude overtime pay from the annual wages used to determine the variable member contribution rate for Tier 6 members of the New York State and Local Retirement System during the period of April 1, 2022 to April 1, 2024. There will be no return of member contributions. Section 25 does not apply. Insofar as this bill affects the New York State and Local Employees' Retirement System (NYSLERS), if this legislation is enacted during the 2022 legislative session, there will be an increase in the present value of benefits of approximately $27 million which would be shared by the State of New York and all participating employers in the NYSLERS. The estimated first-year cost would be approximately $1.2 million to the State of New York and approximately $1.7 million to the participating employers in the NYSLERS. Insofar as this bill affects the New York State and Local Police and Fire Retirement System (NYSLPFRS), if this legislation is enacted during the 2022 legislative session, there will be an increase in the present value of benefits of approximately $5 million which would be shared by the State of New York and all participating employers in the NYSLPFRS. The estimated first-year cost would be approximately $0.1 million to the State of New York and approximately $0.4 million to the participating employers in the NYSLPFRS. In addition to the first-year costs discussed above, implementing the provisions of this legislation would generate administrative costs. Summary of relevant resources: Membership data as of March 31, 2021 was used in measuring the impact of the proposed change, the same data used in the April 1, 2021 actuari- al valuation. Distributions and other statistics can be found in theS. 8006--C 216 A. 9006--C 2021 Report of the Actuary and the 2021 Comprehensive Annual Financial Report. The actuarial assumptions and methods used are described in the 2020 and 2021 Annual Report to the Comptroller on Actuarial Assumptions, and the Codes, Rules and Regulations of the State of New York: Audit and Control. The Market Assets and GASB Disclosures are found in the March 31, 2021 New York State and Local Retirement System Financial Statements and Supplementary Information. I am a member of the American Academy of Actuaries and meet the Quali- fication Standards to render the actuarial opinion contained herein. This fiscal note does not constitute a legal opinion on the viability of the proposed change nor is it intended to serve as a substitute for the professional judgment of an attorney. This estimate, dated April 7, 2022, and intended for use only during the 2022 Legislative Session, is Fiscal Note No. 2022-123, prepared by the Actuary for the New York State and Local Retirement System. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: As this bill relates to the New York State Teachers' Retirement System, this bill would amend Section 613 of the Retirement and Social Security Law to permit the employee contribution rate for Tier 6 members to be determined using only a member's annual base wages and would not include compensation earned for extracurricular programs or any other pensionable earnings paid in addition to the annual base wages, for employee contributions to be made during the two fiscal years ending June 30, 2023 and June 30, 2024. Currently, the employee contribution rate for a Tier 6 member is determined using a member's total annual wages, including earnings from extracurricular programs and any other pensionable earnings paid to the member. The cost for using only annual base wages to determine the employee contribution rate for Tier 6 members during 2023 and 2024 is estimated to be $9.3 million, over the two-year period, if this bill is enacted. This is not a recurring annual cost, but rather a temporary cost due to the projected decrease in employee contributions to be made during the two fiscal years ending June 30, 2023 and June 30, 2024. Member data is from the System's most recent actuarial valuation files, consisting of data provided by the employers to the Retirement System. Data distributions and statistics can be found in the System's Annual Report. System assets are as reported in the System's financial statements and can also be found in the System's Annual Report. Actuari- al assumptions and methods are provided in the System's Actuarial Valu- ation Report and the 2021 Actuarial Assumptions Report. The source of this estimate is Fiscal Note 2022-37 dated April 6, 2022 prepared by the Office of the Actuary of the New York State Teachers' Retirement System and is intended for use only during the 2022 Legisla- tive Session. I, Richard A. Young, am the Chief Actuary for the New York State Teachers' Retirement System. I am a member of the American Academy of Actuaries and I meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained herein. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: SUMMARY OF BILL: This proposed legislation, as it relates to the New York City Retirement Systems and Pension Funds (NYCRS), would amend Section 613 of the Retirement and Social Security Law (RSSL) to limit the salary used in determining employee contribution rates during a certain period of time by excluding compensation earned for work performed outside of the regular hours or workday for Tier 6 members ofS. 8006--C 217 A. 9006--C the New York City Employees' Retirement System (NYCERS), the New York City Teachers' Retirement System (NYCTRS), and the New York City Board of Education Retirement System (BERS). Effective Date: Upon enactment. BACKGROUND: Currently, Tier 6 members of NYCERS, NYCTRS, and BERS are required to make Basic Member Contributions (BMC) ranging from 3% to 6% depending on the members' applicable annual wages. Annual wages include overtime up to a certain limit ($17,301 for calendar year 2021). Under the proposed legislation, if enacted, any pensionable earnings paid in addition to the annual base wages, including overtime and compensation earned for extracurricular activities, during the specified period would be excluded from annual wages used to calculate Tier 6 BMC rates. FINANCIAL IMPACT - PRESENT VALUES: The estimated financial impact of implementing the changes described above is a decrease in the Present Value of member contributions. There is also a small decrease in the Present Value of Future Benefits (PVFB) as a result of reduced refunds of member contributions upon termination of employment. The net result is an increase in the Present Value of future employer contributions and annual employer contributions of NYCERS, NYCTRS, and BERS. A breakdown of the financial impact by System is shown in the table below. Additional Estimated First Year NYCRS Present Value of Future Annual Employer Employer Contributions Contributions ($ Millions) ($ Millions) NYCERS $ 9.9 $0.9 NYCTRS 6.1 0.4 BERS * 0.0 0.0 Total $16.0 $1.3** * The increase in the Present Value of future employer contributions and annual employer contributions for BERS is expected to be de minimis. ** The increase in the employer contributions is estimated to be $0.8 million for New York City and $0.5 million for the other obligors of NYCRS. In accordance with Section 13-638.2(k-2) of the Administrative Code of the City of New York (ACCNY), new Unfunded Accrued Liability (UAL) attributable to benefit changes are to be amortized as determined by the Actuary but are generally amortized over the remaining working lifetime of those impacted by the benefit changes. As of June 30, 2021, the remaining working lifetime of NYCERS Tier 6 members is approximately 16 years, NYCTRS Tier 6 members is approximate- ly 20 years, and BERS Tier 6 members is approximately 15 years. For purposes of this Fiscal Note, the increase in the UAL for NYCERS was amortized over a 16-year period (15 payments under the One-Year Lag Methodology (OYLM)) using level dollar payments. Under the same method- ology the increase in the UAL for NYCTRS and BERS was amortized over 19 and 14 payments, respectively. CONTRIBUTION TIMING: For the purposes of this Fiscal Note, it is assumed that the changes in the Present Value of future employer contributions and annual employer contributions would be reflected for the first time in the Final June 30, 2021 actuarial valuation of NYCERS, NYCTRS, and BERS. In accordance with the OYLM used to determine employerS. 8006--C 218 A. 9006--C contributions, the increase in employer contributions would first be reflected in Fiscal Year 2023. CENSUS DATA: The estimates presented herein are based on the census data used in the Preliminary June 30, 2021 (Lag) actuarial valuation of NYCERS, NYCTRS, and BERS to determine the Preliminary Fiscal Year 2023 employer contributions. The table below contains a summary of the census data for Tier 6 members in NYCERS, NYCTRS, and BERS as of June 30, 2021. NYCRS Active Average Average Average Count Age Service Salary NYCERS 71,663 41.3 3.9 $72,000 NYCTRS 49,642 37.1 4.5 $74,600 BERS 12,229 45.5 3.3 $50,400 ACTUARIAL ASSUMPTIONS AND METHODS: The changes in the Present Value of future employer contributions and annual employer contributions presented herein have been calculated based on the actuarial assumptions and methods in effect for the June 30, 2021 (Lag) actuarial valuations used to determine the Preliminary Fiscal Year 2023 employer contrib- utions of NYCERS, NYCTRS, and BERS. RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend highly on the realization of the actuarial assumptions used, as well as certain demographic characteristics of NYCERS, NYCTRS, and BERS and other exogenous factors such as investment, contribution, and other risks. If actual experience deviates from actuarial assumptions, the actual costs could differ from those presented herein. Costs are also dependent on the actuarial methods used, and therefore different actuar- ial methods could produce different results. Quantifying these risks is beyond the scope of this Fiscal Note. Not measured in this Fiscal Note are the following: * The initial, additional administrative costs of NYCERS, NYCTRS, and BERS and other New York City agencies to implement the proposed legis- lation. STATEMENT OF ACTUARIAL OPINION: I, Michael J. Samet, am the Interim Chief Actuary for, and independent of, the New York City Retirement Systems and Pension Funds. I am a Fellow of the Society of Actuaries and a Member of the American Academy of Actuaries. I meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained herein. To the best of my knowledge, the results contained herein have been prepared in accordance with generally accepted actuarial principles and procedures and with the Actuarial Standards of Practice issued by the Actuarial Standards Board. FISCAL NOTE IDENTIFICATION: This Fiscal Note 2022-16 dated April 7, 2022 was prepared by the Interim Chief Actuary for the New York City Employees' Retirement System, the New York City Teachers' Retirement System, and the New York City Board of Education Retirement System. This estimate is intended for use only during the 2022 Legislative Session. 1 PART TT 2 Section 1. Subdivision a of section 516 of the retirement and social 3 security law, as amended by section 4 of part B of chapter 504 of the 4 laws of 2009, is amended to read as follows:S. 8006--C 219 A. 9006--C 1 a. A member who has five or more years of credited service [or ten or2more years of credited service for members who first join the New York3state and local employees' retirement system on or after January first,4two thousand ten] upon termination of employment shall be entitled to a 5 deferred vested benefit as provided herein. 6 § 2. Subdivisions a and a-1 of section 612 of the retirement and 7 social security law, as amended by chapter 18 of the laws of 2012, are 8 amended to read as follows: 9 a. Except as provided in subdivision a-1 of this section, a member who 10 has five or more years of credited service[, or ten or more years of11credited service for a member who first joined the New York state and12local employees' retirement system or the New York state teachers'13retirement system on or after January first, two thousand ten], upon 14 termination of employment, other than a member who is entitled to a 15 deferred vested benefit pursuant to any other provision of this article, 16 shall be entitled to a deferred vested benefit at normal retirement age 17 computed in accordance with the provisions of section six hundred four 18 of this article. Except as provided in subdivision a-1 of this section, 19 a member of a teachers' retirement system or the New York state and 20 local employees' retirement system who has five or more years of credit- 21 ed service, [or ten or more years of credited service for a member who22first becomes a member of the New York state and local employees'23retirement system or the New York state teachers' retirement system on24or after January first, two thousand ten,] upon termination of employ- 25 ment shall be entitled to a deferred vested benefit prior to normal 26 retirement age, but no earlier than age fifty-five, computed in accord- 27 ance with the provisions of subdivision i of section six hundred three 28 of this article as amended by section eight of part B of chapter five 29 hundred four of the laws of two thousand nine. Anything to the contrary 30 notwithstanding, a member of a public retirement system of the state who 31 first became a member of such system on or after April first, two thou- 32 sand twelve must have at least [ten] five years of credited service in 33 order to qualify for a deferred vested benefit under this section; such 34 member shall not be entitled to such benefit prior to the member's 35 attainment of age sixty-three; and such deferred vested benefit shall be 36 computed pursuant to subdivision b-1 of section six hundred four of this 37 article. 38 a-1. Notwithstanding the provisions of subdivision a of this section 39 or any other provision of law to the contrary, (i) a member of the New 40 York city teachers' retirement system who holds a position represented 41 by the recognized teacher organization for collective bargaining 42 purposes, who became subject to the provisions of this article after the 43 effective date of this subdivision, and who has [ten] five or more years 44 of credited service, or (ii) a member of the New York city board of 45 education retirement system who holds a position represented by the 46 recognized teacher organization for collective bargaining purposes, who 47 became subject to the provisions of this article after the effective 48 date of this subdivision, and who has [ten] five or more years of cred- 49 ited service, other than such a member of either of such retirement 50 systems who is entitled to a deferred vested benefit pursuant to any 51 other provision of this article, shall, upon termination of employment, 52 be entitled to a deferred vested benefit at normal retirement age 53 computed in accordance with the provisions of section six hundred four 54 of this article. Notwithstanding the provisions of subdivision a of 55 this section or any other provision of law to the contrary, a member of 56 the New York city teachers' retirement system who holds a positionS. 8006--C 220 A. 9006--C 1 represented by the recognized teacher organization for collective 2 bargaining purposes, who became subject to the provisions of this arti- 3 cle after the effective date of this subdivision, and who has [ten] five 4 or more years of credited service, shall, upon termination of employ- 5 ment, be entitled to a deferred vested benefit prior to normal retire- 6 ment age, but no earlier than age fifty-five, computed in accordance 7 with the provisions of subdivision i of section six hundred three of 8 this article, provided, however, that any such member of either of such 9 retirement systems who is a New York city revised plan member shall be 10 required to have at least [ten] five years of credited service in order 11 to be eligible for a deferred vested benefit, such member shall not be 12 entitled to payability of such benefit prior to attainment of age 13 sixty-three and such deferred vested benefit shall be computed pursuant 14 to subdivision b-1 of section six hundred four of this article. 15 § 3. Subdivisions a and b of section 502 of the retirement and social 16 security law, as amended by section 2 of part B of chapter 504 of the 17 laws of 2009, are amended to read as follows: 18 a. A member who first joins a public retirement system of this state 19 on or after June thirtieth, nineteen hundred seventy-six shall not be 20 eligible for service retirement benefits hereunder until such member has 21 rendered a minimum of five years of creditable service after July first, 22 nineteen hundred seventy-three[, except that a member who first joins23the New York state and local employees' retirement system on or after24January first, two thousand ten shall not be eligible for service25retirement benefits pursuant to this article until such member has26rendered a minimum of ten years of credited service]. 27 b. A member who previously was a member of a public retirement system 28 of this state shall not be eligible for service retirement benefits 29 hereunder until such member has rendered a minimum of five years of 30 service which is creditable pursuant to section five hundred thirteen of 31 this article. [A member who first joins the New York state and local32employees' retirement system on or after January first, two thousand ten33shall not be eligible for service retirement benefits pursuant to this34article until such member has rendered a minimum of ten years of credit-35ed service.] 36 § 4. Subdivisions a, b and b-1 of section 602 of the retirement and 37 social security law, subdivisions a and b as separately amended by 38 section 6 of part B and section 1 of part C of chapter 504 of the laws 39 of 2009, and subdivision b-1 as amended by chapter 18 of the laws of 40 2012, are amended to read as follows: 41 a. Except as provided in subdivision b-1 of this section, a member who 42 first joins a public retirement system of this state on or after July 43 first, nineteen hundred seventy-six shall not be eligible for service 44 retirement benefits hereunder until such member has rendered a minimum 45 of five years of credited service[, except that a member who first joins46the New York state and local employees' retirement system or the New47York state teachers' retirement system on or after January first, two48thousand ten shall not be eligible for service retirement benefits49pursuant to this article until such member has rendered a minimum of ten50years of credited service]. 51 b. Except as provided in subdivision b-1 of this section, a member who 52 previously was a member of a public retirement system of this state 53 shall not be eligible for service retirement benefits hereunder until 54 such member has rendered a minimum of five years of service which is 55 credited pursuant to section six hundred nine of this article. [A member56who first joins the New York state and local employees' retirementS. 8006--C 221 A. 9006--C 1system or the New York state teachers' retirement system on or after2January first, two thousand ten shall not be eligible for service3retirement benefits pursuant to this article until such member has4rendered a minimum of ten years of credited service.] 5 b-1. (1) Notwithstanding the provisions of subdivision a or b of this 6 section or any other provision of law to the contrary, (i) a member of 7 the New York city teachers' retirement system who holds a position 8 represented by the recognized teacher organization for collective 9 bargaining purposes, and who became subject to the provisions of this 10 article after the effective date of this subdivision, or (ii) a member 11 of the New York city board of education retirement system who holds a 12 position represented by the recognized teacher organization for collec- 13 tive bargaining purposes, and who became subject to the provisions of 14 this article after the effective date of this subdivision, shall not be 15 eligible for service retirement benefits hereunder until such member has 16 rendered a minimum of [ten] five years of credited service. 17 (2) Notwithstanding the provisions of subdivision a or b of this 18 section or any other provision of law to the contrary, a member who 19 first joins a public retirement system of the state on or after April 20 first, two thousand twelve shall not be eligible for service retirement 21 benefits hereunder until such member has rendered a minimum of [ten] 22 five years of credited service. 23 § 5. Subparagraph (ii) of paragraph 1 of subdivision d of section 24 604-b of the retirement and social security law, as amended by chapter 25 18 of the laws of 2012, is amended to read as follows: 26 (ii) [in the case of a participant who is not a New York city revised27plan member,] prior to such discontinuance, completed five but less than 28 twenty-five years of allowable service in the transit authority [or, in29the case of a participant who is a New York city revised plan member,30has completed ten but less than twenty-five years of allowable service31in the transit authority prior to such discontinuance]; and 32 § 6. Subparagraph (ii) of paragraph 1 of subdivision d of section 33 604-c of the retirement and social security law, as amended by chapter 34 18 of the laws of 2012, is amended to read as follows: 35 (ii) [in the case of a participant who is not a New York city revised36plan member,] prior to such discontinuance, completed five but less than 37 twenty years of credited service [or, in the case of a participant who38is a New York city revised plan member, has completed ten but less than39twenty years of credited service]; and 40 § 7. Subparagraph (ii) of paragraph 1 of subdivision d of section 41 604-e of the retirement and social security law, as amended by section 42 41 of chapter 18 of the laws of 2012, is amended to read as follows: 43 (ii) [in the case of a participant who is not a New York city revised44plan member,] who prior to such discontinuance, completed five but less 45 than twenty-five years of allowable service as a dispatcher member [or,46in the case of a participant who is a New York city revised plan member,47who prior to such discontinuance, completed ten but less than twenty-48five years of allowable service as a dispatcher member]; and 49 § 8. Subparagraph (ii) of paragraph 1 of subdivision d of section 50 604-e of the retirement and social security law, as amended by section 51 43 of chapter 18 of the laws of 2012, is amended to read as follows: 52 (ii) [in the case of a participant who is not a New York city revised53plan member,] who prior to such discontinuance, completed five but less 54 than twenty-five years of allowable service as an EMT member [or, in the55case of a participant who is a New York city revised plan member, whoS. 8006--C 222 A. 9006--C 1prior to such discontinuance, completed ten but less than twenty-five2years of allowable service as an EMT member]; and 3 § 9. Subparagraph (ii) of paragraph 1 of subdivision d of section 4 604-f of the retirement and social security law, as amended by section 5 45 of chapter 18 of the laws of 2012, is amended to read as follows: 6 (ii) [in the case of a participant who is not a New York city revised7plan member,] who prior to such discontinuance, completed five but less 8 than twenty-five years of credited service [or, in the case of a partic-9ipant who is a New York city revised plan member, who prior to such10discontinuance, completed ten but less than twenty-five years of credit-11ed service]; and 12 § 10. Subparagraph (ii) of paragraph 1 of subdivision d of section 13 604-f of the retirement and social security law, as amended by section 14 47 of chapter 18 of the laws of 2012, is amended to read as follows: 15 (ii) [in the case of a participant who is not a New York city revised16plan member,] who prior to such discontinuance, completed five but less 17 than twenty-five years of allowable service as a special officer, park- 18 ing control specialist, school safety agent, campus peace officer or 19 taxi and limousine inspector member [or, in the case of a participant20who is a New York city revised plan member, who prior to such discontin-21uance, completed ten but less than twenty-five years of allowable22service as a special officer, parking control specialist, school safety23agent, campus peace officer or taxi and limousine inspector member]; and 24 § 11. Subparagraph (ii) of paragraph 1 of subdivision d of section 25 604-g of the retirement and social security law, as amended by chapter 26 18 of the laws of 2012, is amended to read as follows: 27 (ii) [in the case of a participant who is not a New York city revised28plan member,] who prior to such discontinuance, completed five but less 29 than twenty-five years of credited service [or, in the case of a partic-30ipant who is a New York city revised plan member, who prior to such31discontinuance, completed ten but less than twenty-five years of credit-32ed service]; and 33 § 12. Subparagraph (ii) of paragraph 1 of subdivision d of section 34 604-h of the retirement and social security law, as amended by chapter 35 18 of the laws of 2012, is amended to read as follows: 36 (ii) [in the case of a participant who is not a New York city revised37plan member,] who prior to such discontinuance, completed five but less 38 than twenty-five years of credited service [or, in the case of a partic-39ipant who is a New York city revised plan member, who prior to such40discontinuance, completed ten but less than twenty-five years of credit-41ed service]; and 42 § 13. Subdivision a of section 1202 of the retirement and social secu- 43 rity law, as added by section 1 of part A of chapter 504 of the laws of 44 2009, is amended to read as follows: 45 a. In order to qualify for a service retirement benefit, members 46 subject to the provisions of this article must have a minimum of [ten] 47 five years of creditable service. 48 § 14. Nothing in this act shall be construed or deemed to allow 49 members to receive a refund of any member contributions made prior to 50 the effective date of this act. 51 § 15. Notwithstanding any other provision of law to the contrary, none 52 of the provisions of this act shall be subject to section 25 of the 53 retirement and social security law. 54 § 16. This act shall take effect immediately. FISCAL NOTE.--Pursuant to Legislative Law, Section 50:S. 8006--C 223 A. 9006--C This bill would provide members of Tier 5 and Tier 6 in the New York State and Local Employees' Retirement System (NYSLERS) or in the New York State and Local Police and Fire Retirement System (NYSLPFRS) vested status upon attainment of 5 years of service credit. It also clarifies that these NYSLERS members will only be ineligible for a service retire- ment benefit prior to attaining 5 years of service credit, to align with the revised vesting requirement. Currently, these members are ineligible for a service retirement benefit prior to attaining 10 years of service credit, after which they become vested and eligible for a vested deferred benefit. Insofar as this bill affects the NYSLERS, if this legislation is enacted during the 2022 legislative session, there would be an increase in accrued liabilities of approximately $430 million, due to the past service accruals of tier 5 and 6 members, which would be shared by the State of New York and all local participating employers in the NYSLERS. This will increase the billing rates charged annually to all participat- ing employers by approximately 0.2% of salary, beginning with the fiscal year ending March 31, 2023. In addition to the cost for past service above, there would be a cost for future service accruals which would further increase the annual billing rates for tier 5 members by 0.2% of salary (for a 0.4% total annual rate increase) and further increase the annual billing rates for tier 6 members by 0.1% of salary (for a 0.3% total annual rate increase). Insofar as this bill affects the NYSLPFRS, if this legislation is enacted during the 2022 legislative session, there would be an increase in the billing rates charged annually to the State of New York and all other participating employers in the NYSLPFRS of approximately 0.1% of salary, beginning with the fiscal year ending March 31, 2023. These estimated costs are based on 250,109 affected members with annu- al salary of approximately $11.6 billion as of March 31, 2021. Summary of relevant resources: Membership data as of March 31, 2021 was used in measuring the impact of the proposed change, the same data used in the April 1, 2021 actuari- al valuation. Distributions and other statistics can be found in the 2021 Report of the Actuary and the 2021 Comprehensive Annual Financial Report. The actuarial assumptions and methods used are described in the 2020 and 2021 Annual Report to the Comptroller on Actuarial Assumptions, and the Codes, Rules and Regulations of the State of New York: Audit and Control. The Market Assets and GASB Disclosures are found in the March 31, 2021 New York State and Local Retirement System Financial Statements and Supplementary Information. I am a member of the American Academy of Actuaries and meet the Quali- fication Standards to render the actuarial opinion contained herein. This fiscal note does not constitute a legal opinion on the viability of the proposed change nor is it intended to serve as a substitute for the professional judgment of an attorney. This estimate, dated April 6, 2022, and intended for use only during the 2022 Legislative Session, is Fiscal Note No. 2022-122, prepared by the Actuary for the New York State and Local Retirement System. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: As this bill relates to the New York State Teachers' Retirement System, this bill would amend Sections 602 and 612 of the Retirement and Social Security Law by reducing the number of years of credited serviceS. 8006--C 224 A. 9006--C required for vesting to five years for Tier 5 and 6 members for purposes of eligibility for a service retirement benefit or a deferred-vested retirement benefit. Currently, Tier 5 and 6 members need to have ten years of credited service to be vested for a service retirement benefit or a deferred-vested retirement benefit. Members who withdraw with between five and ten years of service credit will have the option of either receiving a refund of their accumulated member contributions or receiving the deferred-vested retirement benefit when eligible. The annual cost to the employers of members of the New York State Teachers' Retirement System for this benefit is estimated to be $6.2 million or .04% of payroll if this bill is enacted. The System's "new entrant rate", a hypothetical employer contribution rate that would occur if we started a new Retirement System without any assets, is equal to 4.69% of pay under the current Tier 6 benefit struc- ture. This can be thought of as the long-term expected employer cost of Tier 6, based on the current actuarial assumptions. For the proposed change to the Tier 6 benefit structure under this bill, this new entrant rate is estimated to increase to 4.76% of pay, an increase of .07% of pay. Member data is from the System's most recent actuarial valuation files, consisting of data provided by the employers to the Retirement System. Data distributions and statistics can be found in the System's Annual Report. System assets are as reported in the System's financial statements and can also be found in the System's Annual Report. Actuar- ial assumptions and methods are provided in the System's Actuarial Valu- ation Report and the 2021 Actuarial Assumptions Report. The source of this estimate is Fiscal Note 2022-36 dated April 8, 2022, prepared by the Office of the Actuary of the New York State Teach- ers' Retirement System and is intended for use only during the 2022 Legislative Session. I, Richard A. Young, am the Chief Actuary for the New York State Teachers' Retirement System. I am a member of the Ameri- can Academy of Actuaries and I meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained herein. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: SUMMARY OF BILL: This proposed legislation, as it relates to the New York City Retirement Systems (NYCRS), would amend Article 15 of the Retirement and Social Security Law (RSSL) to reduce vesting requirements for certain Tier 4 members with a membership date after December 10, 2009 and Tier 6 members of the New York City Employees' Retirement System (NYCERS), the New York City Teachers' Retirement System (NYCTRS), and the New York City Board of Education Retirement System (BERS). Effective Date: Upon enactment. IMPACT ON BENEFITS: Currently, Tier 6 members of NYCERS, NYCTRS, and BERS, as well as Tier 4 members of NYCTRS and BERS who held a position represented by the recognized teacher organization and who became members after December 10, 2009, need a minimum of 10 years of Credited Service to be eligible for a vested benefit. Such members are also inel- igible to retire for service without at least 10 years of Credited Service. Under the proposed legislation, if enacted, the required service for a vested benefit or service retirement benefit would be lowered to five years. FINANCIAL IMPACT-SUMMARY: The financial impact will generally increase as the impacted populations increase over time, assuming that the demo- graphics of new entrants remain similar to what they were historically.S. 8006--C 225 A. 9006--C The estimated financial impact of implementing the changes described above is an increase in the Present Value of Future Benefits (PVFB) and a decrease in the Present Value of member contributions. The net result is an increase in the Present Value of future employer contributions and annual employer contributions for NYCERS, NYCTRS, and BERS. A breakdown of the financial impact by System is shown in the table below. Additional Estimated First Year NYCRS Present Value of Future Annual Employer Employer Contributions Contributions ($ Millions) ($ Millions) NYCERS $110.8 $25.8 NYCTRS 39.8 7.8 BERS 30.9 5.0 Total $181.5 $38.6* * The increase in the employer contributions is estimated to be $24.5 million for New York City and $14.1 million for the other obligors of NYCRS. In accordance with Section 13-638.2(k-2) of the Administrative Code of the City of New York (ACCNY), new Unfunded Accrued Liability (UAL) attributable to benefit changes are to be amortized as determined by the Actuary but are generally amortized over the remaining working lifetime of those impacted by the benefit changes. As of June 30, 2021, the remaining working lifetime of NYCERS Tier 6 members is approximately 16-years, NYCTRS impacted members is approximately 20 years, and BERS impacted members is approximately 14 years. For purposes of this Fiscal Note, the increase in the UAL for NYCERS was amortized over a 16-year period (15 payments under the One-Year Lag Methodology (OYLM)) using level dollar payments. Under the same method- ology the increase in the UAL for NYCTRS and BERS was amortized over 19 and 13 payments, respectively. CONTRIBUTION TIMING: For the purposes of this Fiscal Note, it is assumed that the changes in the Present Value of future employer contributions and annual employer contributions would be reflected for the first time in the Final June 30, 2021 actuarial valuations of NYCERS, NYCTRS, and BERS. In accordance with the OYLM used to determine employer contributions, the increase in employer contributions would first be reflected in Fiscal Year 2023. CENSUS DATA: The estimates presented herein are based on the census data used in the Preliminary June 30, 2021 (Lag) actuarial valuations of NYCERS, NYCTRS, and BERS to determine the Preliminary Fiscal Year 2023 employer contributions. The table below contains a summary of the census data for the members in the plans affected by the proposed legislation as of June 30, 2021. NYCRS Active Average Average Average Count Age Service Salary NYCERS 71,663 41.3 3.9 $72,000 NYCTRS 59,134 38.0 5.4 $76,200 BERS 12,707 45.5 3.5 $52,100 ACTUARIAL ASSUMPTIONS AND METHODS: The changes in the Present Value of future employer contributions and annual employer contributions presented herein have been calculated based on the actuarial assumptions and methods in effect for the June 30, 2021 (Lag) actuarial valuationsS. 8006--C 226 A. 9006--C used to determine the Preliminary Fiscal Year 2023 employer contrib- utions of NYCERS, NYCTRS, and BERS. RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend highly on the realization of the actuarial assumptions used, as well as certain demographic characteristics of NYCERS, NYCTRS, and BERS and other exogenous factors such as investment, contribution, and other risks. If actual experience deviates from actuarial assumptions, the actual costs could differ from those presented herein. Costs are also dependent on the actuarial methods used, and therefore different actuar- ial methods could produce different results. Quantifying these risks is beyond the scope of this Fiscal Note. Not measured in this Fiscal Note are the following: * The initial, additional administrative costs of NYCERS, NYCTRS, BERS, and other New York City agencies to implement the proposed legis- lation. * The impact of this proposed legislation on Other Postemployment Benefit (OPEB) costs. * Costs associated with former members of NYCRS with five or more years of service who may become eligible to vest under the proposed legislation. * The cost of potential Tax-Deferred Annuity (TDA) plan accelerated vesting. STATEMENT OF ACTUARIAL OPINION: I, Michael J. Samet, am the Interim Chief Actuary for, and independent of, the New York City Retirement Systems and Pension Funds. I am a Fellow of the Society of Actuaries and a Member of the American Academy of Actuaries. I meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained herein. To the best of my knowledge, the results contained herein have been prepared in accordance with generally accepted actuarial principles and procedures and with the Actuarial Standards of Practice issued by the Actuarial Standards Board. FISCAL NOTE IDENTIFICATION: This Fiscal Note 2022-17 dated April 7, 2022 was prepared by the Interim Chief Actuary for the New York City Employees' Retirement System, the New York City Teachers' Retirement System, and the New York City Board of Education Retirement System. This estimate is intended for use only during the 2022 Legislative Session. 1 PART UU 2 Section 1. This act enacts into law components of legislation relating 3 to criminal justice reform. Each component is wholly contained within a 4 Subpart identified as Subparts A through H. The effective date for each 5 particular provision contained within such Subpart is set forth in the 6 last section of such Subpart. Any provision in any section contained 7 within a Subpart, including the effective date of the Subpart, which 8 makes a reference to a section "of this act", when used in connection 9 with that particular component, shall be deemed to mean and refer to the 10 corresponding section of the Subpart in which it is found. Section 11 three of this act sets forth the general effective date of this act. 12 SUBPART A 13 Section 1. Sections 265.12 and 265.13 of the penal law, as amended by 14 chapter 764 of the laws of 2005, are amended to read as follows: 15 § 265.12 Criminal sale of a firearm in the second degree.S. 8006--C 227 A. 9006--C 1 A person is guilty of criminal sale of a firearm in the second degree 2 when such person: 3 (1) unlawfully sells, exchanges, gives or disposes of to another five 4 or more firearms; or 5 (2) unlawfully sells, exchanges, gives or disposes of to another 6 person or persons a total of [five] two or more firearms in a period of 7 not more than one year. 8 Criminal sale of a firearm in the second degree is a class C felony. 9 § 265.13 Criminal sale of a firearm in the first degree. 10 A person is guilty of criminal sale of a firearm in the first degree 11 when such person: 12 (1) unlawfully sells, exchanges, gives or disposes of to another ten 13 or more firearms; or 14 (2) unlawfully sells, exchanges, gives or disposes of to another 15 person or persons a total of [ten] three or more firearms in a period of 16 not more than one year. 17 Criminal sale of a firearm in the first degree is a class B felony. 18 § 2. Subdivision 6 of section 265.15 of the penal law, as added by 19 chapter 233 of the laws of 1980, is amended to read as follows: 20 6. The possession of [five] three or more firearms by any person is 21 presumptive evidence that such person possessed the firearms with the 22 intent to sell same. 23 § 3. This act shall take effect on the thirtieth day after it shall 24 have become a law. 25 SUBPART B 26 Section 1. Subparagraph (viii) of paragraph (b) of subdivision 1 of 27 section 150.20 of the criminal procedure law, as added by section 1-a of 28 part JJJ of chapter 59 of the laws of 2019, is amended and three new 29 subparagraphs (ix), (x), and (xi) are added to read as follows: 30 (viii) it reasonably appears to the officer, based on the observed 31 behavior of the individual in the present contact with the officer and 32 facts regarding the person's condition that indicates a sign of distress 33 to such a degree that the person would face harm without immediate 34 medical or mental health care, that bringing the person before the court 35 would be in such person's interest in addressing that need; provided, 36 however, that before making the arrest, the officer shall make all 37 reasonable efforts to assist the person in securing appropriate 38 services[.]; 39 (ix) the person is eighteen years of age or older and charged with 40 criminal possession of a weapon on school grounds as defined in section 41 265.01-a of the penal law; 42 (x) the person is eighteen years of age or older and charged with a 43 hate crime as defined in section 485.05 of the penal law; or 44 (xi) the offense is a qualifying offense pursuant to paragraph (t) of 45 subdivision four of section 510.10 of this chapter, or pursuant to para- 46 graph (t) of subdivision four of section 530.40 of this chapter. 47 § 2. Paragraphs (s) and (t) of subdivision 4 of section 510.10 of the 48 criminal procedure law, as added by section 2 of part UU of chapter 56 49 of the laws of 2020, are amended and a new paragraph (u) is added to 50 read as follows: 51 (s) a felony, where the defendant qualifies for sentencing on such 52 charge as a persistent felony offender pursuant to section 70.10 of the 53 penal law; [or]S. 8006--C 228 A. 9006--C 1 (t) any felony or class A misdemeanor involving harm to an identifi- 2 able person or property, or any charge of criminal possession of a 3 firearm as defined in section 265.01-b of the penal law, where such 4 charge arose from conduct occurring while the defendant was released on 5 his or her own recognizance [or], released under conditions, or had yet 6 to be arraigned after the issuance of a desk appearance ticket for a 7 separate felony or class A misdemeanor involving harm to an identifiable 8 person or property, or any charge of criminal possession of a firearm as 9 defined in section 265.01-b of the penal law, provided, however, that 10 the prosecutor must show reasonable cause to believe that the defendant 11 committed the instant crime and any underlying crime. For the purposes 12 of this subparagraph, any of the underlying crimes need not be a quali- 13 fying offense as defined in this subdivision. For the purposes of this 14 paragraph, "harm to an identifiable person or property" shall include 15 but not be limited to theft of or damage to property. However, based 16 upon a review of the facts alleged in the accusatory instrument, if the 17 court determines that such theft is negligible and does not appear to be 18 in furtherance of other criminal activity, the principal shall be 19 released on his or her own recognizance or under appropriate non-mone- 20 tary conditions; or 21 (u) criminal possession of a weapon in the third degree as defined in 22 subdivision three of section 265.02 of the penal law or criminal sale of 23 a firearm to a minor as defined in section 265.16 of the penal law. 24 § 3. Subdivision 3 of section 530.40 of the of the criminal procedure 25 law, as amended by section 18 of part JJJ of chapter 59 of the laws of 26 2019, is amended to read as follows: 27 3. In cases other than as described in subdivision four of this 28 section the court shall release the principal pending trial on the prin- 29 cipal's own recognizance, unless the court finds on the record or in 30 writing that release on the principal's own recognizance will not 31 reasonably assure the principal's return to court. In such instances, 32 the court shall release the principal under non-monetary conditions, 33 selecting the least restrictive alternative and conditions that will 34 reasonably assure the principal's return to court. The court shall 35 explain its choice of alternative and conditions on the record or in 36 writing. In making its determination, the court must consider and take 37 into account available information about the principal, including: 38 (a) the principal's activities and history; 39 (b) if the principal is a defendant, the charges facing the principal; 40 (c) the principal's criminal conviction record if any; 41 (d) the principal's record of previous adjudication as a juvenile 42 delinquent, as retained pursuant to section 354.1 of the family court 43 act, or of pending cases where fingerprints are retained pursuant to 44 section 306.1 of such act, or a youthful offender, if any; 45 (e) the principal's previous record with respect to flight to avoid 46 criminal prosecution; 47 (f) if monetary bail is authorized, according to the restrictions set 48 forth in this title, the principal's individual financial circumstances, 49 and, in cases where bail is authorized, the principal's ability to post 50 bail without posing undue hardship, as well as his or her ability to 51 obtain a secured, unsecured, or partially secured bond; 52 (g) any violation by the principal of an order of protection issued by 53 any court; 54 (h) the principal's history and use or possession of a firearm; 55 (i) whether the charge is alleged to have caused serious harm to an 56 individual or group of individuals; andS. 8006--C 229 A. 9006--C 1 (j) if the principal is a defendant, in the case of an application for 2 a securing order pending appeal, the merit or lack of merit of the 3 appeal. 4 § 4. Paragraphs (s) and (t) of subdivision 4 of section 530.40 of the 5 criminal procedure law, as added by section 4 of part UU of chapter 56 6 of the laws of 2020, are amended and a new paragraph (u) is added to 7 read as follows: 8 (s) a felony, where the defendant qualifies for sentencing on such 9 charge as a persistent felony offender pursuant to section 70.10 of the 10 penal law; [or] 11 (t) any felony or class A misdemeanor involving harm to an identifi- 12 able person or property, or any charge of criminal possession of a 13 firearm as defined in section 265.01-b of the penal law, where such 14 charge arose from conduct occurring while the defendant was released on 15 his or her own recognizance [or], released under conditions, or had yet 16 to be arraigned after the issuance of a desk appearance ticket for a 17 separate felony or class A misdemeanor involving harm to an identifiable 18 person or property, or any charge of criminal possession of a firearm as 19 defined in section 265.01-b of the penal law, provided, however, that 20 the prosecutor must show reasonable cause to believe that the defendant 21 committed the instant crime and any underlying crime. For the purposes 22 of this subparagraph, any of the underlying crimes need not be a quali- 23 fying offense as defined in this subdivision. For the purposes of this 24 paragraph, "harm to an identifiable person or property" shall include 25 but not be limited to theft of or damage to property. However, based 26 upon a review of the facts alleged in the accusatory instrument, if the 27 court determines that such theft is negligible and does not appear to be 28 in furtherance of other criminal activity, the principal shall be 29 released on his or her own recognizance or under appropriate non-mone- 30 tary conditions; or 31 (u) criminal possession of a weapon in the third degree as defined in 32 subdivision three of section 265.02 of the penal law or criminal sale of 33 a firearm to a minor as defined in section 265.16 of the penal law. 34 § 5. This act shall take effect on the thirtieth day after it shall 35 have become a law. 36 SUBPART C 37 Section 1. Subdivision 1 of section 510.10 of the criminal procedure 38 law, as amended by section 2 of part JJJ of chapter 59 of the laws of 39 2019, is amended to read as follows: 40 1. When a principal, whose future court attendance at a criminal 41 action or proceeding is or may be required, comes under the control of a 42 court, such court shall, in accordance with this title, by a securing 43 order release the principal on the principal's own recognizance, release 44 the principal under non-monetary conditions, or, where authorized, fix 45 bail or commit the principal to the custody of the sheriff. In all such 46 cases, except where another type of securing order is shown to be 47 required by law, the court shall release the principal pending trial on 48 the principal's own recognizance, unless it is demonstrated and the 49 court makes an individualized determination that the principal poses a 50 risk of flight to avoid prosecution. If such a finding is made, the 51 court must select the least restrictive alternative and condition or 52 conditions that will reasonably assure the principal's return to court. 53 The court shall explain its choice of release, release with conditions, 54 bail or remand on the record or in writing. In making its determination,S. 8006--C 230 A. 9006--C 1 the court must consider and take into account available information 2 about the principal, including: 3 (a) The principal's activities and history; 4 (b) If the principal is a defendant, the charges facing the principal; 5 (c) The principal's criminal conviction record if any; 6 (d) The principal's record of previous adjudication as a juvenile 7 delinquent, as retained pursuant to section 354.1 of the family court 8 act, or, of pending cases where fingerprints are retained pursuant to 9 section 306.1 of such act, or a youthful offender, if any; 10 (e) The principal's previous record with respect to flight to avoid 11 criminal prosecution; 12 (f) If monetary bail is authorized, according to the restrictions set 13 forth in this title, the principal's individual financial circumstances, 14 and, in cases where bail is authorized, the principal's ability to post 15 bail without posing undue hardship, as well as his or her ability to 16 obtain a secured, unsecured, or partially secured bond; 17 (g) Any violation by the principal of an order of protection issued by 18 any court; 19 (h) The principal's history of use or possession of a firearm; 20 (i) Whether the charge is alleged to have caused serious harm to an 21 individual or group of individuals; and 22 (j) If the principal is a defendant, in the case of an application for 23 a securing order pending appeal, the merit or lack of merit of the 24 appeal. 25 § 2. Subdivision 1 of section 510.30 of the criminal procedure law, as 26 amended by section 5 of part JJJ of chapter 59 of the laws of 2019, is 27 amended to read as follows: 28 1. With respect to any principal, the court in all cases, unless 29 otherwise provided by law, must impose the least restrictive kind and 30 degree of control or restriction that is necessary to secure the princi- 31 pal's return to court when required. In determining that matter, the 32 court must, on the basis of available information, consider and take 33 into account information about the principal that is relevant to the 34 principal's return to court, including: 35 (a) The principal's activities and history; 36 (b) If the principal is a defendant, the charges facing the principal; 37 (c) The principal's criminal conviction record if any; 38 (d) The principal's record of previous adjudication as a juvenile 39 delinquent, as retained pursuant to section 354.2 of the family court 40 act, or, of pending cases where fingerprints are retained pursuant to 41 section 306.1 of such act, or a youthful offender, if any; 42 (e) The principal's previous record with respect to flight to avoid 43 criminal prosecution; 44 (f) If monetary bail is authorized, according to the restrictions set 45 forth in this title, the principal's individual financial circumstances, 46 and, in cases where bail is authorized, the principal's ability to post 47 bail without posing undue hardship, as well as his or her ability to 48 obtain a secured, unsecured, or partially secured bond; 49 (g) [Where the principal is charged with a crime or crimes against a50member or members of the same family or household as that term is51defined in subdivision one of section 530.11 of this title, the follow-52ing factors:53(i)] any violation by the principal of an order of protection issued 54 by any court [for the protection of a member or members of the same55family or household as that term is defined in subdivision one ofS. 8006--C 231 A. 9006--C 1section 530.11 of this title, whether or not such order of protection is2currently in effect; and]; 3 [(ii)] (h) the principal's history of use or possession of a firearm; 4 (i) whether the charge is alleged to have caused serious harm to an 5 individual or group of individuals; and 6 [(h)] (j) If the principal is a defendant, in the case of an applica- 7 tion for a securing order pending appeal, the merit or lack of merit of 8 the appeal. 9 § 3. Paragraph (a) of subdivision 1 of section 530.20 of the criminal 10 procedure law, as added by section 16 of part JJJ of chapter 59 of the 11 laws of 2019, is amended to read as follows: 12 (a) In cases other than as described in paragraph (b) of this subdivi- 13 sion the court shall release the principal pending trial on the princi- 14 pal's own recognizance, unless the court finds on the record or in writ- 15 ing that release on the principal's own recognizance will not reasonably 16 assure the principal's return to court. In such instances, the court 17 shall release the principal under non-monetary conditions, selecting the 18 least restrictive alternative and conditions that will reasonably assure 19 the principal's return to court. The court shall explain its choice of 20 alternative and conditions on the record or in writing. In making its 21 determination, the court must consider and take into account available 22 information about the principal, including: 23 (i) the principal's activities and history; 24 (ii) if the principal is a defendant, the charges facing the princi- 25 pal; 26 (iii) the principal's criminal conviction record if any; 27 (iv) the principal's record of previous adjudication as a juvenile 28 delinquent, as retained pursuant to section 354.1 of the family court 29 act, or of pending cases where fingerprints are retained pursuant to 30 section 306.1 of such act, or a youthful offender, if any; 31 (v) the principal's previous record with respect to flight to avoid 32 criminal prosecution; 33 (vi) if monetary bail is authorized, according to the restrictions set 34 forth in this title, the principal's individual financial circumstances, 35 and, in cases where bail is authorized, the principal's ability to post 36 bail without posing undue hardship, as well as his or her ability to 37 obtain a secured, unsecured, or partially secured bond; 38 (vii) any violation by the principal of an order of protection issued 39 by any court; 40 (viii) the principal's history and use or possession of a firearm; 41 (ix) whether the charge is alleged to have caused serious harm to an 42 individual or group of individuals; and 43 (x) if the principal is a defendant, in the case of an application for 44 a securing order pending appeal, the merit or lack of merit of the 45 appeal. 46 § 4. Subparagraphs (xix) and (xx) of paragraph (b) of subdivision 1 of 47 section 530.20 of the criminal procedure law, as amended by section 3 of 48 part UU of chapter 56 of the laws of 2020, are amended and a new subpar- 49 agraph (xxi) is added to read as follows: 50 (xix) a felony, where the defendant qualifies for sentencing on such 51 charge as a persistent felony offender pursuant to section 70.10 of the 52 penal law; [or] 53 (xx) any felony or class A misdemeanor involving harm to an identifi- 54 able person or property, or any charge of criminal possession of a 55 firearm as defined in section 265.01-b of the penal law where such 56 charge arose from conduct occurring while the defendant was released onS. 8006--C 232 A. 9006--C 1 his or her own recognizance [or], released under conditions, or had yet 2 to be arraigned after the issuance of a desk appearance ticket for a 3 separate felony or class A misdemeanor involving harm to an identifiable 4 person or property, provided, however, that the prosecutor must show 5 reasonable cause to believe that the defendant committed the instant 6 crime and any underlying crime. For the purposes of this subparagraph, 7 any of the underlying crimes need not be a qualifying offense as defined 8 in this subdivision. For the purposes of this paragraph, "harm to an 9 identifiable person or property" shall include but not be limited to 10 theft of or damage to property. However, based upon a review of the 11 facts alleged in the accusatory instrument, if the court determines that 12 such theft is negligible and does not appear to be in furtherance of 13 other criminal activity, the principal shall be released on his or her 14 own recognizance or under appropriate non-monetary conditions; or 15 (xxi) criminal possession of a weapon in the third degree as defined 16 in subdivision three of section 265.02 of the penal law or criminal sale 17 of a firearm to a minor as defined in section 265.16 of the penal law. 18 § 5. This act shall take effect on the thirtieth day after it shall 19 have become a law. 20 SUBPART D 21 Section 1. Subdivision 4 of section 245.50 of the criminal procedure 22 law, as amended by section 7 of part HHH of chapter 56 of the laws of 23 2020, is amended and a new subdivision 1-a is added to read as follows: 24 1-a. Any supplemental certificate of compliance shall detail the basis 25 for the delayed disclosure so that the court may determine whether the 26 delayed disclosure impacts the propriety of the certificate of compli- 27 ance. The filing of a supplemental certificate of compliance shall not 28 impact the validity of the original certificate of compliance if filed 29 in good faith and after exercising due diligence pursuant to section 30 245.20 of this article, or if the additional discovery did not exist at 31 the time of the filing of the original certificate of compliance. 32 4. (a) Challenges to, or questions related to a certificate of compli- 33 ance shall be addressed by motion. 34 (b) To the extent that the party is aware of a potential defect or 35 deficiency related to a certificate of compliance or supplemental 36 certificate of compliance, the party entitled to disclosure shall notify 37 or alert the opposing party as soon as practicable. 38 (c) Challenges related to the sufficiency of a certificate of compli- 39 ance or supplemental certificates of compliance shall be addressed by 40 motion as soon as practicable, provided that nothing in this section 41 shall be construed to waive a party's right to make further challenges, 42 including but not limited to a motion pursuant to section 30.30 of this 43 chapter. 44 § 2. Paragraph (a) of subdivision 1 and subdivision 2 of section 45 245.80 of the criminal procedure law, as added by section 2 of part LLL 46 of chapter 59 of the laws of 2019, are amended to read as follows: 47 (a) When material or information is discoverable under this article 48 but is disclosed belatedly, the court shall impose [an appropriate] a 49 remedy or sanction [if] that is appropriate and proportionate to the 50 prejudice suffered by the party entitled to disclosure [shows that it51was prejudiced]. Regardless of a showing of prejudice the party entitled 52 to disclosure shall be given reasonable time to prepare and respond to 53 the new material.S. 8006--C 233 A. 9006--C 1 2. Available remedies or sanctions. For failure to comply with any 2 discovery order imposed or issued pursuant to this article, the court 3 may make a further order for discovery, grant a continuance, order that 4 a hearing be reopened, order that a witness be called or recalled, 5 instruct the jury that it may draw an adverse inference regarding the 6 non-compliance, preclude or strike a witness's testimony or a portion of 7 a witness's testimony, admit or exclude evidence, order a mistrial, 8 order the dismissal of all or some of the charges provided that, after 9 considering all other remedies, dismissal is appropriate and propor- 10 tionate to the prejudice suffered by the party entitled to disclosure, 11 or make such other order as it deems just under the circumstances; 12 except that any sanction against the defendant shall comport with the 13 defendant's constitutional right to present a defense, and precluding a 14 defense witness from testifying shall be permissible only upon a finding 15 that the defendant's failure to comply with the discovery obligation or 16 order was willful and motivated by a desire to obtain a tactical advan- 17 tage. 18 § 3. Section 450.20 of the criminal procedure law is amended by adding 19 a new subdivision 12 to read as follows: 20 12. That portion of an order dismissing an accusatory instrument or 21 some of its counts pursuant to subdivision two of section 245.80 of this 22 part as a sanction for failure to comply with any discovery order issued 23 pursuant to article two hundred forty-five of this part. 24 § 4. Section 530.50 of the criminal procedure law is amended by adding 25 a new subdivision 3 to read as follows: 26 3. Where an appeal by the people has been taken from an order dismiss- 27 ing one or more counts of an accusatory instrument for failure to comply 28 with a discovery order pursuant to subdivision twelve of section 450.20 29 of this chapter and the defendant is charged with a qualifying offense 30 in the remaining counts in the accusatory instrument, pending determi- 31 nation of an appeal, the defendant may apply for an order of recogni- 32 zance or release on non-monetary conditions, where authorized, or fixing 33 bail. A judge identified in subdivision two of section 460.50 of this 34 chapter or paragraph (a) of subdivision one of section 460.60 of this 35 chapter may, in accordance with law, and except as otherwise provided by 36 law, issue a securing order releasing the defendant on the defendant's 37 own recognizance or under non-monetary conditions where authorized, 38 fixing bail, or remanding the defendant to the custody of the sheriff 39 where authorized. 40 § 5. Subparagraph (iii) of paragraph (a) of subdivision 1 of section 41 245.10 of the criminal procedure law, as amended by section 1 of part 42 HHH of chapter 56 of the laws of 2020, is amended to read as follows: 43 (iii) [Notwithstanding the timelines contained in the opening para-44graph of this paragraph, the prosecutor's discovery obligation under45subdivision one of section 245.20 of this article shall be performed as46soon as practicable, but not later than fifteen days before the trial of47a simplified information charging a traffic infraction under the vehicle48and traffic law, or by an information charging one or more petty49offenses as defined by the municipal code of a village, town, city, or50county, that do not carry a statutorily authorized sentence of imprison-51ment, and where the defendant stands charged before the court with no52crime or offense, provided however that nothing in this subparagraph53shall prevent a defendant from filing a motion for disclosure of such54items and information under subdivision one of such section 245.20 of55this article at an earlier date.] Notwithstanding the previous 56 provisions of this section, the prosecutor's obligations shall not applyS. 8006--C 234 A. 9006--C 1 to a simplified information charging a traffic infraction under the 2 vehicle and traffic law, or to an information charging one or more petty 3 offenses as defined by the municipal code of a village, town, city, or 4 county, that do not carry a statutorily authorized sentence of imprison- 5 ment, and where the defendant stands charged before the court with no 6 crime or offense, provided however that nothing in this subparagraph 7 shall prevent a defendant from filing a motion for disclosure of such 8 items and information under subdivision one of section 245.20 of this 9 article. The court shall, at the first appearance, advise the defendant 10 of their right to file a motion for discovery. 11 § 6. This act shall take effect on the thirtieth day after it shall 12 have become a law. 13 SUBPART E 14 Section 1. Section 302.1 of the family court act is amended by adding 15 a new subdivision 4 to read as follows: 16 4. Where a proceeding had been commenced in the youth part of a supe- 17 rior court for an act alleged to have been committed prior to his or her 18 eighteenth birthday and then had been removed to family court, the fami- 19 ly court shall exercise jurisdiction under this article, notwithstanding 20 the fact that the respondent may be over the age of eighteen prior to 21 the proceeding having commenced in the family court. 22 § 2. Section 302.2 of the family court act, as added by chapter 920 of 23 the laws of 1982, is amended to read as follows: 24 § 302.2. Statute of limitations. A juvenile delinquency proceeding 25 must be commenced within the period of limitation prescribed in section 26 30.10 of the criminal procedure law or, unless the alleged act is a 27 designated felony as defined in subdivision eight of section 301.2 of 28 this part or is an act allegedly committed when the respondent was aged 29 sixteen years or older, commenced before the respondent's eighteenth 30 birthday, whichever occurs earlier, provided however, that consistent 31 with subdivision four of section 302.1 of this part, a proceeding 32 commenced for an act allegedly committed when the respondent was aged 33 sixteen years or older shall be considered timely if it is commenced 34 within such period of limitation prescribed in section 30.10 of the 35 criminal procedure law or prior to the respondent's twentieth birthday, 36 whichever occurs earlier, regardless of whether the action had 37 originally been commenced prior to the respondent's eighteenth birthday 38 in a youth part of a superior court. When the alleged act constitutes a 39 designated felony as defined in subdivision eight of section 301.2 of 40 this part or is an act allegedly committed when the respondent was aged 41 sixteen years or older, such proceeding must be commenced within such 42 period of limitation or before the respondent's twentieth birthday, 43 whichever occurs earlier. 44 § 3. The family court act is amended by adding a new section 309.1 to 45 read as follows: 46 § 309.1. Community based treatment referrals. 1. A youth who is 47 released prior to the filing of a petition shall be made aware of and 48 referred to community based organizations offering counseling, treat- 49 ment, employment, educational, or vocational services in which they may 50 voluntarily enroll or participate. Such services shall be separate from 51 and in addition to any adjustment services provided under section 308.1 52 of this part, where applicable. 53 2. The youth shall be advised that the service referrals are being 54 made as a resource and participation in them is voluntary and thatS. 8006--C 235 A. 9006--C 1 refusal to participate will not negatively impact any aspect of their 2 pending case. Provided, however, nothing shall preclude the youth from 3 voluntarily providing information, after consulting with their attorney, 4 demonstrating successful enrollment, participation, and completion, 5 where applicable, of any such services. The court shall consider any 6 information provided by the youth regarding such participation in the 7 case proceedings including but not limited to dispositional or placement 8 determinations. The court may require supporting documentation for any 9 such consideration that the youth requests, provided however, that such 10 information shall be maintained as confidential in accordance with any 11 applicable state or federal law. 12 3. No statements made to probation when discussing any service refer- 13 rals under this section shall be admissible in a fact-finding hearing. 14 § 4. This act shall take effect immediately; provided that section 15 three of this act shall apply to offenses committed on or after such 16 date and to offenses for which the statute of limitations that was in 17 effect prior to such date has not elapsed as of such date. 18 SUBPART F 19 Section 1. Section 500.10 of the criminal procedure law is amended by 20 adding a new subdivision 3-c to read as follows: 21 3-c. (a) "Release for mental health assessment and evaluation." When a 22 principal appearing before the court appears, by clear and convincing 23 evidence, to be mentally ill at the present moment such that if left 24 unattended their conduct may result in harm to himself or herself or 25 others, the court may: order as a condition of release under supervision 26 that the principal seek a voluntary psychiatric assessment under section 27 9.13 of the mental hygiene law if the principal has a recently docu- 28 mented history of mental illness or psychiatric hospitalization, and the 29 defense consents to the assessment. 30 (b) "Involuntary assessment pending release." When a principal appear- 31 ing before the court appears, by clear and convincing evidence, to be 32 mentally ill at the present moment such that if left unattended their 33 conduct may result in immediate serious harm to himself or herself or 34 others, the court may order as a condition of release under supervision 35 that the principal be taken by an entity, including but not limited to, 36 pretrial services agencies, or another qualified provider, to a local 37 hospital for immediate psychiatric assessment involuntarily under 38 section 9.43 of the mental hygiene law if the principal is conducting 39 himself or herself before the court, in such a manner which in a person 40 who is not mentally ill would be deemed disorderly conduct which is 41 likely to result in immediate serious harm to himself or herself or 42 others. The court is also authorized to request peace officers, when 43 acting pursuant to their special duties, or police officers, who are 44 members of an authorized police department or force or of a sheriff's 45 department, to take into custody and transport such person to a hospital 46 for determination by the director of community services when such person 47 qualifies for admission pursuant to this section. The court may author- 48 ize an ambulance service, as defined by subdivision two of section three 49 thousand one of the public health law, to transport such person to any 50 hospital specified in subdivision (a) of section 9.39 of the mental 51 hygiene law or any comprehensive psychiatric emergency program specified 52 in subdivision (a) of section 9.40 of the mental hygiene law, that is 53 willing to receive such person. Upon removal, there shall be a determi- 54 nation made by the director of such hospital or program whether suchS. 8006--C 236 A. 9006--C 1 person should be retained therein pursuant to section 9.39 of the mental 2 hygiene law. If the principal is hospitalized, at the time of release 3 the hospital shall complete a discharge plan with linkages to communi- 4 ty-based mental health treatment, including services that are provided 5 after the individual has stabilized, if applicable and other community- 6 based services as may be deemed necessary and appropriate and notify 7 pretrial services agencies and the defense counsel of the person's 8 discharge. Pretrial services agencies are responsible for ensuring 9 continuity of care for the principal in the community. 10 (c) "Pretrial services." Pretrial services agencies shall be required, 11 upon the request of the court to provide a summary of the assessment, 12 limited to necessary and relevant information relating to the princi- 13 pal's completion of an assessment and evaluation, placement, treatment, 14 and discharge from the hospital solely for the purpose of ensuring 15 compliance with the conditions of release and in accordance with any 16 applicable state and federal confidentiality laws. Conditions of release 17 may not be revoked solely based on noncompliance with treatment. 18 (d) "Confidential." Any clinical record produced as a part of the 19 assessment, services or treatment plans required pursuant to this subdi- 20 vision shall be considered confidential and shall not be considered part 21 of the public record, and access to such records shall be limited in 22 accordance with applicable federal and state privacy laws. Such informa- 23 tion shall not be used as part of the criminal proceeding and shall be 24 expunged upon the resolution of the case. 25 (e) "Referral." Courts shall refer the principal, where appropriate, 26 to a judicial diversion program as defined in section 216.00 of this 27 chapter or to any other appropriate treatment court. 28 § 2. This act shall take effect on the thirtieth day after it shall 29 have become a law. 30 SUBPART G 31 Section 1. Subdivision 5 of section 216 of the judiciary law, as added 32 by section 5 of part UU of chapter 56 of the laws of 2020, is amended to 33 read as follows: 34 5. The chief administrator of the courts, in conjunction with the 35 division of criminal justice services, shall collect data and report 36 every six months regarding pretrial release and detention. Such data and 37 report shall contain information categorized by age, gender, racial and 38 ethnic background; regarding the nature of the criminal offenses, 39 including the top charge of each case; the number and type of charges in 40 each defendant's criminal record; whether the prosecutor requested that 41 the court fix bail, the amounts and forms of bail requested by the 42 prosecutor, and the amounts and forms of bail set by the court; the 43 number of individuals released on recognizance; the number of individ- 44 uals released on non-monetary conditions, including the conditions 45 imposed; the number of individuals committed to the custody of a sheriff 46 prior to trial; the rates of failure to appear and rearrest; the outcome 47 of such cases or dispositions; the length of the pretrial detention stay 48 and any other such information as the chief administrator and the divi- 49 sion of criminal justice services may find necessary and appropriate. 50 Such report shall aggregate the data collected by county; court, includ- 51 ing city, town and village courts; and judge. The data shall be [disag-52gregated] aggregated in order to protect the identity of individual 53 defendants. The report shall be released publicly and published on the 54 websites of the office of court administration and the division of crim-S. 8006--C 237 A. 9006--C 1 inal justice services. The first report shall be published twelve months 2 after this subdivision shall have become a law, and shall include data 3 from the first six months following the enactment of this section. 4 Reports for subsequent periods shall be published every six months ther- 5 eafter. 6 § 2. Section 837-u of the executive law, as added by section 6 of part 7 UU of chapter 56 of the laws of 2020, is amended to read as follows: 8 § 837-u. The division of criminal justice services, in conjunction 9 with the chief administrator of the courts, shall collect data and 10 report annually regarding pretrial release and detention. Such data and 11 report shall contain information categorized by age, gender, racial and 12 ethnic background; regarding the nature of the criminal offenses, 13 including the top charge of each case; the number and type of charges in 14 each defendant's criminal record; whether the prosecutor requested that 15 the court fix bail, the amounts and forms of bail requested by the 16 prosecutor, and the amounts and forms of bail set by the court; the 17 number of individuals released on recognizance; the number of individ- 18 uals released on non-monetary conditions, including the conditions 19 imposed; the number of individuals committed to the custody of a sheriff 20 prior to trial; the rates of failure to appear and rearrest; the outcome 21 of such cases or dispositions; whether the defendant was represented by 22 counsel at every court appearance regarding the defendant's securing 23 order; the length of the pretrial detention stay and any other such 24 information as the chief administrator and the division of criminal 25 justice services may find necessary and appropriate. Such annual report 26 shall aggregate the data collected by county; court, including city, 27 town and village courts; and judge. The data shall be [disaggregated] 28 aggregated in order to protect the identity of individual defendants. 29 The report shall be released publicly and published on the websites of 30 the office of court administration and the division of criminal justice 31 services. The first report shall be published eighteen months after this 32 section shall have become a law, and shall include data from the first 33 twelve months following the enactment of this section. Reports for 34 subsequent years shall be published annually on or before that date 35 thereafter. 36 § 3. Paragraph (c) of subdivision 4 of section 837 of the executive 37 law, as amended by chapter 512 of the laws of 1995, is amended to read 38 as follows: 39 (c) collect and analyze statistical and other information and data 40 with respect to the number of crimes reported or known to police offi- 41 cers or peace officers, the number of persons arrested for the commis- 42 sion of offense, the age of the person or persons arrested, the number 43 of custodial arrests and appearance tickets issued, the offense for 44 which the person was arrested, the county within which the arrest was 45 made and the accusatory instrument filed, the disposition of the accusa- 46 tory instrument including, but not limited to, as the case may be, 47 dismissal, acquittal, the offense to which the defendant pled guilty, 48 the offense the defendant was convicted of after trial, and the 49 sentence; and where a firearm as defined in section 265.00 of the penal 50 law or machine gun, rifle or shotgun comes into the custody of police 51 officers or peace officers in the course of an investigation of such 52 crime or offense, the make, model type, caliber and magazine or cylinder 53 capacity of any such firearm and whether possession of such firearm by 54 the defendant is licensed or unlicensed and if confiscated at arrest, 55 the style and manufacturer of any ammunition; andS. 8006--C 238 A. 9006--C 1 § 4. This act shall take effect on the one hundred twentieth day after 2 it shall have become a law. 3 SUBPART H 4 Section 1. Section 18 of chapter 408 of the laws of 1999, constituting 5 Kendra's law, as amended by chapter 67 of the laws of 2017, is amended 6 to read as follows: 7 § 18. This act shall take effect immediately, provided that section 8 fifteen of this act shall take effect April 1, 2000, provided, further, 9 that subdivision (e) of section 9.60 of the mental hygiene law as added 10 by section six of this act shall be effective 90 days after this act 11 shall become law; and that this act shall expire and be deemed repealed 12 June 30, [2022] 2027. 13 § 2. Paragraph 4 of subdivision (c) and paragraph 2 of subdivision (h) 14 of section 9.60 of the mental hygiene law, as amended by chapter 158 of 15 the laws of 2005, are amended and a new subdivision (s) is added to read 16 as follows: 17 (4) has a history of lack of compliance with treatment for mental 18 illness that has: 19 (i) except as otherwise provided in subparagraph (iii) of this para- 20 graph, prior to the filing of the petition, at least twice within the 21 last thirty-six months been a significant factor in necessitating hospi- 22 talization in a hospital, or receipt of services in a forensic or other 23 mental health unit of a correctional facility or a local correctional 24 facility, not including any current period, or period ending within the 25 last six months, during which the person was or is hospitalized or 26 incarcerated; or 27 (ii) except as otherwise provided in subparagraph (iii) of this para- 28 graph, prior to the filing of the petition, resulted in one or more acts 29 of serious violent behavior toward self or others or threats of, or 30 attempts at, serious physical harm to self or others within the last 31 forty-eight months, not including any current period, or period ending 32 within the last six months, in which the person was or is hospitalized 33 or incarcerated; [and] or 34 (iii) notwithstanding subparagraphs (i) and (ii) of this paragraph, 35 resulted in the issuance of a court order for assisted outpatient treat- 36 ment which has expired within the last six months, and since the expira- 37 tion of the order, the person has experienced a substantial increase in 38 symptoms of mental illness and such symptoms substantially interferes 39 with or limits one or more major life activities as determined by a 40 director of community services who previously was required to coordinate 41 and monitor the care of any individual who was subject to such expired 42 assisted outpatient treatment order. The applicable director of communi- 43 ty services or their designee shall arrange for the individual to be 44 evaluated by a physician. If the physician determines court ordered 45 services are clinically necessary and the least restrictive option, the 46 director of community services may initiate a court proceeding. 47 (2) The court shall not order assisted outpatient treatment unless an 48 examining physician, who recommends assisted outpatient treatment and 49 has personally examined the subject of the petition no more than ten 50 days before the filing of the petition, testifies in person or by video- 51 conference at the hearing. Provided however, a physician shall only be 52 authorized to testify by video conference when it has been: (i) shown 53 that diligent efforts have been made to attend such hearing in person 54 and the subject of the petition consents to the physician testifying byS. 8006--C 239 A. 9006--C 1 video conference; or (ii) the court orders the physician to testify by 2 video conference upon a finding of good cause. Such physician shall 3 state the facts and clinical determinations which support the allegation 4 that the subject of the petition meets each of the criteria for assisted 5 outpatient treatment. 6 (s) A director of community services or his or her designee may 7 require a provider of inpatient psychiatric services operated or 8 licensed by the office of mental health to provide contemporaneous 9 information, including but not limited to relevant clinical records, 10 documents, and other information concerning the person receiving 11 assisted outpatient treatment pursuant to an active assisted outpatient 12 treatment order, that is deemed necessary by such director or designee 13 who is required to coordinate and monitor the care of any individual who 14 was subject to an active assisted outpatient treatment order to appro- 15 priately discharge their duties pursuant to section 9.47 of this arti- 16 cle, and where such provider of inpatient psychiatric services is 17 required to disclose such information pursuant to paragraph twelve of 18 subdivision (c) of section 33.13 of this chapter and such disclosure is 19 in accordance with all other applicable state and federal confidentiali- 20 ty laws. None of the records or information obtained by the director of 21 community services pursuant to this subdivision shall be public records, 22 and the records shall not be released by the director to any person or 23 agency, except as already authorized by law. 24 § 3. This act shall take effect immediately, provided, however that 25 the amendments to section 9.60 of the mental hygiene law made by section 26 two of this act shall not affect the repeal of such section and shall be 27 deemed repealed therewith. 28 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 29 sion, section, subpart or part of this act shall be adjudged by any 30 court of competent jurisdiction to be invalid, such judgment shall not 31 affect, impair, or invalidate the remainder thereof, but shall be 32 confined in its operation to the clause, sentence, paragraph, subdivi- 33 sion, section or part thereof directly involved in the controversy in 34 which such judgment shall have been rendered. It is hereby declared to 35 be the intent of the legislature that this act would have been enacted 36 even if such invalid provisions had not been included herein. 37 § 3. This act shall take effect immediately provided, however, that 38 the applicable effective date of Subparts A through H of this act shall 39 be as specifically set forth in the last section of such Subparts. 40 PART VV 41 Section 1. Short title. This act shall be known and may be cited as 42 the "private activity bond allocation act of 2022". 43 § 2. Legislative findings and declaration. The legislature hereby 44 finds and declares that the federal tax reform act of 1986 established a 45 statewide bond volume ceiling on the issuance of certain tax exempt 46 private activity bonds and notes and, under certain circumstances, 47 governmental use bonds and notes issued by the state and its public 48 authorities, local governments, agencies which issue on behalf of local 49 governments, and certain other issuers. The federal tax reform act 50 establishes a formula for the allocation of the bond volume ceiling 51 which was subject to temporary modification by gubernatorial executive 52 order until December 31, 1987. That act also permits state legislatures 53 to establish, by statute, an alternative formula for allocating the 54 volume ceiling. Bonds and notes subject to the volume ceiling require anS. 8006--C 240 A. 9006--C 1 allocation from the state's annual volume ceiling in order to qualify 2 for federal tax exemption. 3 It is hereby declared to be the policy of the state to maximize the 4 public benefit through the issuance of private activity bonds for the 5 purposes of, among other things, allocating a fair share of the bond 6 volume ceiling upon initial allocation and from a bond reserve to local 7 agencies and for needs identified by local governments; providing hous- 8 ing and promoting economic development; job creation; an economical 9 energy supply; and resource recovery and to provide for an orderly and 10 efficient volume ceiling allocation process for state and local agencies 11 by establishing an alternative formula for making such allocations. 12 § 3. Definitions. As used in this act, unless the context requires 13 otherwise: 14 1. "Bonds" means bonds, notes or other obligations. 15 2. "Carryforward" means an amount of unused private activity bond 16 ceiling available to an issuer pursuant to an election filed with the 17 internal revenue service pursuant to section 146(f) of the code. 18 3. "Code" means the internal revenue code of 1986, as amended. 19 4. "Commissioner" means the commissioner of the New York state depart- 20 ment of economic development. 21 5. "Covered bonds" means those tax exempt private activity bonds and 22 that portion of the non-qualified amount of an issue of governmental use 23 bonds for which an allocation of the statewide ceiling is required for 24 the interest earned by holders of such bonds to be excluded from the 25 gross income of such holders for federal income tax purposes under the 26 code. 27 6. "Director" means the director of the New York state division of the 28 budget. 29 7. "Issuer" means a local agency, state agency or other issuer. 30 8. "Local agency" means an industrial development agency established 31 or operating pursuant to article 18-A of the general municipal law, the 32 Troy industrial development authority and the Auburn industrial develop- 33 ment authority. 34 9. "Other issuer" means any agency, political subdivision or other 35 entity, other than a local agency or state agency, that is authorized to 36 issue covered bonds. 37 10. "Qualified small issue bonds" means qualified small issue bonds, 38 as defined in section 144(a) of the code. 39 11. "State agency" means the state of New York, the New York state 40 energy research and development authority, the New York job development 41 authority, the New York state environmental facilities corporation, the 42 New York state urban development corporation and its subsidiaries, the 43 Battery Park city authority, the port authority of New York and New 44 Jersey, the power authority of the state of New York, the dormitory 45 authority of the state of New York, the New York state housing finance 46 agency, the state of New York mortgage agency, and any other public 47 benefit corporation or public authority designated by the governor for 48 the purposes of this act. 49 12. "Statewide ceiling" means for any calendar year the highest state 50 ceiling (as such term is used in section 146 of the code) applicable to 51 New York state. 52 13. "Future allocations" means allocations of statewide ceiling for up 53 to two future years. 54 14. "Multi-year housing development project" means a project (a) which 55 qualifies for covered bonds; (b) which is to be constructed over two orS. 8006--C 241 A. 9006--C 1 more years and (c) in which at least twenty percent of the dwelling 2 units will be occupied by persons and families of low income. 3 § 4. Local agency set-aside. A set-aside of statewide ceiling for 4 local agencies for any calendar year shall be an amount which bears the 5 same ratio to one-third of the statewide ceiling as the population of 6 the jurisdiction of such local agency bears to the population of the 7 entire state. The commissioner shall administer allocations of such 8 set-aside to local agencies. 9 § 5. State agency set-aside. A set-aside of statewide ceiling for all 10 state agencies for any calendar year shall be one-third of the statewide 11 ceiling. The director shall administer allocations of such set-aside to 12 state agencies and may grant an allocation to any state agency upon 13 receipt of an application in such form as the director shall require. 14 § 6. Statewide bond reserve. One-third of the statewide ceiling is 15 hereby set aside as a statewide bond reserve to be administered by the 16 director. 17 1. Allocation of the statewide bond reserve among state agencies, 18 local agencies and other issuers. The director shall transfer a portion 19 of the statewide bond reserve to the commissioner for allocation to and 20 use by local agencies and other issuers in accordance with the terms of 21 this section. The remainder of the statewide bond reserve may be allo- 22 cated by the director to state agencies in accordance with the terms of 23 this section. 24 2. Allocation of statewide bond reserve to local agencies or other 25 issuers. 26 (a) Local agencies or other issuers may at any time apply to the 27 commissioner for an allocation from the statewide bond reserve. Such 28 application shall demonstrate: 29 (i) that the requested allocation is required under the code for the 30 interest earned on the bonds to be excluded from the gross income of 31 bondholders for federal income tax purposes; 32 (ii) that the local agency's remaining unused allocation provided 33 pursuant to section four of this act, and other issuer's remaining 34 unused allocation, or any available carryforward will be insufficient 35 for the specific project or projects for which the reserve allocation is 36 requested; and 37 (iii) that, except for those allocations made pursuant to section 38 thirteen of this act to enable carryforward elections, the requested 39 allocation is reasonably expected to be used during the calendar year, 40 and the requested future allocation is reasonably expected to be used in 41 the calendar year to which the future allocation relates. 42 (b) In reviewing and approving or disapproving applications, the 43 commissioner shall exercise discretion to ensure an equitable distrib- 44 ution of allocations from the statewide bond reserve to local agencies 45 and other issuers. Prior to making a determination on such applications, 46 the commissioner shall notify and seek the recommendation of the presi- 47 dent and chief executive officer of the New York state housing finance 48 agency in the case of an application related to the issuance of multi- 49 family housing or mortgage revenue bonds, and in the case of other 50 requests, such state officers, departments, divisions and agencies as 51 the commissioner deems appropriate. 52 (c) Applications for allocations shall be made in such form and 53 contain such information and reports as the commissioner shall require. 54 (d) On or before September fifteenth of each year, the commissioner 55 shall publish the total amount of local agency set-aside that has beenS. 8006--C 242 A. 9006--C 1 recaptured pursuant to section twelve of this act for that year on the 2 department of economic development's website. 3 3. Allocation of statewide bond reserve to state agencies. The direc- 4 tor may make an allocation from the statewide bond reserve to any state 5 agency. Before making any allocation of statewide bond reserve to state 6 agencies the director shall be satisfied: 7 (a) that the allocation is required under the code for the interest 8 earned on the bonds to be excluded from the gross income of bondholders 9 for federal income tax purposes; 10 (b) that the state agency's remaining unused allocation provided 11 pursuant to section five of this act or any available carryforward will 12 be insufficient to accommodate the specific bond issue or issues for 13 which the reserve allocation is requested; and 14 (c) that, except for those allocations made pursuant to section thir- 15 teen of this act to enable carryforward elections, the requested allo- 16 cation is reasonably expected to be used during the calendar year, and 17 the requested future allocation is reasonably expected to be used in the 18 calendar year to which the future allocation relates. 19 § 7. Access to employment opportunities. 1. All issuers shall require 20 that any new employment opportunities created in connection with indus- 21 trial or manufacturing projects financed through the issuance of quali- 22 fied small issue bonds shall be listed with the New York state depart- 23 ment of labor and with the one-stop career center established pursuant 24 to the federal Workforce Innovation and Opportunity Act (Pub. L. No. 25 113-128) serving the locality in which the employment opportunities are 26 being created. Such listing shall be in a manner and form prescribed by 27 the commissioner. All issuers shall further require that for any new 28 employment opportunities created in connection with an industrial or 29 manufacturing project financed through the issuance of qualified small 30 issue bonds by such issuer, industrial or manufacturing firms shall 31 first consider persons eligible to participate in the Workforce Inno- 32 vation and Opportunity Act (Pub. L. No. 113-128) programs who shall be 33 referred to the industrial or manufacturing firm by one-stop centers in 34 local workforce investment areas or by the department of labor. Issuers 35 of qualified small issue bonds are required to monitor compliance with 36 the provisions of this section as prescribed by the commissioner. 37 2. Nothing in this section shall be construed to require users of 38 qualified small issue bonds to violate any existing collective bargain- 39 ing agreement with respect to the hiring of new employees. Failure on 40 the part of any user of qualified small issue bonds to comply with the 41 requirements of this section shall not affect the allocation of bonding 42 authority to the issuer of the bonds or the validity or tax exempt 43 status of such bonds. 44 § 8. Overlapping jurisdictions. In a geographic area represented by a 45 county local agency and one or more sub-county local agencies, the allo- 46 cation granted by section four of this act with respect to such area of 47 overlapping jurisdiction shall be apportioned one-half to the county 48 local agency and one-half to the sub-county local agency or agencies. 49 Where there is a local agency for the benefit of a village within the 50 geographic area of a town for the benefit of which there is a local 51 agency, the allocation of the village local agency shall be based on the 52 population of the geographic area of the village, and the allocation of 53 the town local agency shall be based upon the population of the 54 geographic area of the town outside of the village. Notwithstanding the 55 foregoing, a local agency may surrender all or part of its allocation 56 for such calendar year to another local agency with an overlappingS. 8006--C 243 A. 9006--C 1 jurisdiction. Such surrender shall be made at such time and in such 2 manner as the commissioner shall prescribe. 3 § 9. Ineligible local agencies. To the extent that any allocation of 4 the local agency set-aside would be made by this act to a local agency 5 which is ineligible to receive such allocation under the code or under 6 regulations interpreting the state volume ceiling provisions of the 7 code, such allocation shall instead be made to the political subdivision 8 for whose benefit that local agency was created. 9 § 10. Municipal reallocation. The chief executive officer of any poli- 10 tical subdivision or, if such political subdivision has no chief execu- 11 tive officer, the governing board of the political subdivision for the 12 benefit of which a local agency has been established, may withdraw all 13 or any portion of the allocation granted by section four of this act to 14 such local agency. The political subdivision may then reallocate all or 15 any portion of such allocation, as well as all or any portion of the 16 allocation received pursuant to section nine of this act, to itself or 17 any other issuer established for the benefit of that political subdivi- 18 sion or may assign all or any portion of the allocation received pursu- 19 ant to section nine of this act to the local agency created for its 20 benefit. The chief executive officer or governing board of the political 21 subdivision, as the case may be, shall notify the commissioner of any 22 such reallocation. 23 § 11. Future allocations for multi-year housing development projects. 24 1. In addition to other powers granted under this act, the commissioner 25 is authorized to make the following future allocations of statewide 26 ceiling for any multi-year housing development project for which the 27 commissioner also makes an allocation of statewide ceiling for the 28 current year under this act or for which, in the event of expiration of 29 provisions of this act described in section eighteen of this act, an 30 allocation of volume cap for a calendar year subsequent to such expira- 31 tion shall have been made under section 146 of the code: (a) to local 32 agencies from the local agency set-aside (but only with the approval of 33 the chief executive officer of the political subdivision to which the 34 local agency set-aside relates or the governing body of a political 35 subdivision having no chief executive officer) and (b) to other issuers 36 from that portion, if any, of the statewide bond reserve transferred to 37 the commissioner by the director. Any future allocation made by the 38 commissioner shall constitute an allocation of statewide ceiling for the 39 future year specified by the commissioner and shall be deemed to have 40 been made on the first day of the future year so specified. 41 2. In addition to other powers granted under this act, the director is 42 authorized to make future allocations of statewide ceiling from the 43 state agency set-aside or from the statewide bond reserve to state agen- 44 cies for any multi-year housing development project for which the direc- 45 tor also makes an allocation of statewide ceiling from the current year 46 under this act or for which, in the event of expiration of provisions of 47 this act described in section eighteen of this act, an allocation of 48 volume cap for a calendar year subsequent to such expiration shall have 49 been made under section 146 of the code, and is authorized to make 50 transfers of the statewide bond reserve to the commissioner for future 51 allocations to other issuers for multi-year housing development projects 52 for which the commissioner has made an allocation of statewide ceiling 53 for the current year. Any such future allocation or transfer of the 54 statewide bond reserve for future allocation made by the director shall 55 constitute an allocation of statewide ceiling or transfer of the state- 56 wide bond reserve for the future years specified by the director andS. 8006--C 244 A. 9006--C 1 shall be deemed to have been made on the first day of the future year so 2 specified. 3 3. (a) If an allocation made with respect to a multi-year housing 4 development project is not used by September fifteenth of the year to 5 which the allocation relates, the allocation with respect to the then 6 current year shall be subject to recapture in accordance with the 7 provisions of section twelve of this act, and in the event of such a 8 recapture, unless a carryforward election by another issuer shall have 9 been approved by the commissioner or a carryforward election by a state 10 agency shall have been approved by the director, all future allocations 11 made with respect to such project pursuant to subdivision one or two of 12 this section shall be canceled. 13 (b) The commissioner and the director shall have the authority to make 14 future allocations from recaptured current year allocations and canceled 15 future allocations to multi-year housing development projects in a 16 manner consistent with the provisions of this act. Any such future allo- 17 cation shall, unless a carryforward election by another issuer shall 18 have been approved by the commissioner or a carryforward election by a 19 state agency shall have been approved by the director, be canceled if 20 the current year allocation for the project is not used by December 31, 21 2023. 22 (c) The commissioner and the director shall establish procedures 23 consistent with the provisions of this act relating to carryforward of 24 future allocations. 25 4. The aggregate future allocations from either of the two succeeding 26 years shall not exceed six hundred fifty million dollars for each such 27 year. 28 § 12. Year end allocation recapture. On or before September first of 29 each year, each state agency shall report to the director and each local 30 agency and each other issuer shall report to the commissioner the amount 31 of bonds subject to allocation under this act that will be issued prior 32 to the end of the then current calendar year, and the amount of the 33 issuer's then total allocation that will remain unused. As of September 34 fifteenth of each year, the unused portion of each local agency's and 35 other issuer's then total allocation as reported and the unallocated 36 portion of the set-aside for state agencies shall be recaptured and 37 added to the statewide bond reserve and shall no longer be available to 38 covered bond issuers except as otherwise provided herein. From September 39 fifteenth through the end of the year, each local agency or other issuer 40 having an allocation shall immediately report to the commissioner and 41 each state agency having an allocation shall immediately report to the 42 director any changes to the status of its allocation or the status of 43 projects for which allocations have been made which should affect the 44 timing or likelihood of the issuance of covered bonds therefor. If the 45 commissioner determines that a local agency or other issuer has overes- 46 timated the amount of covered bonds subject to allocation that will be 47 issued prior to the end of the calendar year, the commissioner may 48 recapture the amount of the allocation to such local agency or other 49 issuer represented by such overestimation by notice to the local agency 50 or other issuer, and add such allocation to the statewide bond reserve. 51 The director may likewise make such determination and recapture with 52 respect to state agency allocations. 53 § 13. Allocation carryforward. 1. No local agency or other issuer 54 shall make a carryforward election utilizing any unused allocation 55 (pursuant to section 146(f) of the code) without the prior approval of 56 the commissioner. Likewise no state agency shall make or file such anS. 8006--C 245 A. 9006--C 1 election, or elect to issue or carryforward mortgage credit certif- 2 icates, without the prior approval of the director. 3 2. On or before November fifteenth of each year, each state agency 4 seeking unused statewide ceiling for use in future years shall make a 5 request for an allocation for a carryforward to the director, whose 6 approval shall be required before a carryforward election is filed by or 7 on behalf of any state agency. A later request may also be considered by 8 the director, who may file a carryforward election for any state agency 9 with the consent of such agency. 10 3. On or before November fifteenth of each year, each local agency or 11 other issuer seeking unused statewide ceiling for use in future years 12 shall make a request for an allocation for a carryforward to the commis- 13 sioner, whose approval shall be required before a carryforward election 14 is filed by or on behalf of any local or other agency. A later request 15 may also be considered by the commissioner. 16 4. On or before January fifteenth of each year, the director shall 17 publish the total amount of unused statewide ceiling from the prior year 18 on the division of budget's website. 19 § 14. New York state bond allocation policy advisory panel. 1. There 20 is hereby created a policy advisory panel and process to provide policy 21 advice regarding the priorities for distribution of the statewide ceil- 22 ing. 23 2. The panel shall consist of five members, one designee being 24 appointed by each of the following: the governor, the temporary presi- 25 dent of the senate, the speaker of the assembly, the minority leader of 26 the senate and the minority leader of the assembly. The designee of the 27 governor shall chair the panel. The panel shall monitor the allocation 28 process through the year, and in that regard, the division of the budget 29 and the department of economic development shall assist and cooperate 30 with the panel as provided in this section. The advisory process shall 31 operate through the issuance of advisory opinions by members of the 32 panel as provided in subdivisions six and seven of this section. A meet- 33 ing may be held at the call of the chair with the unanimous consent of 34 the members. 35 3. (a) Upon receipt of a request for allocation or a request for 36 approval of a carryforward election from the statewide reserve from a 37 local agency or other issuer, the commissioner shall, within five work- 38 ing days, notify the panel of such request and provide the panel with 39 copies of all application materials submitted by the applicant. 40 (b) Upon receipt of a request for allocation or a request for approval 41 of carryforward election from the statewide reserve from a state agency, 42 the director shall, within five working days, notify the panel of such 43 request and provide the panel with copies of all application materials 44 submitted by the applicant. 45 4. (a) Following receipt of a request for allocation from a local 46 agency or other issuer, the commissioner shall notify the panel of a 47 decision to approve or exclude from further consideration such request, 48 and the commissioner shall state the reasons. Such notification shall be 49 made with or after the transmittal of the information specified in 50 subdivision three of this section and at least five working days before 51 formal notification is made to the applicant. 52 (b) Following receipt of a request for allocation from a state agency, 53 the director shall notify the panel of a decision to approve or exclude 54 from further consideration such request, and shall state the reasons. 55 Such notification shall be made with or after the transmission of the 56 information specified in subdivision three of this section and at leastS. 8006--C 246 A. 9006--C 1 five working days before formal notification is made to the state agen- 2 cy. 3 5. The requirements of subdivisions three and four of this section 4 shall not apply to adjustments to allocations due to bond sizing chang- 5 es. 6 6. In the event that any decision to approve or to exclude from 7 further consideration a request for allocation is made within ten work- 8 ing days of the end of the calendar year and in the case of all requests 9 for consent to a carryforward election, the commissioner or director, as 10 is appropriate, shall provide the panel with the longest possible 11 advance notification of the action, consistent with the requirements of 12 the code, and shall, wherever possible, solicit the opinions of the 13 members of the panel before formally notifying any applicant of the 14 action. Such notification may be made by means of telephone communi- 15 cation to the members or by written notice delivered to the Albany 16 office of the appointing authority of the respective members. 17 7. Upon notification by the director or the commissioner, any member 18 of the panel may, within five working days, notify the commissioner or 19 the director of any policy objection concerning the expected action. If 20 three or more members of the panel shall submit policy objections in 21 writing to the intended action, the commissioner or the director shall 22 respond in writing to the objection prior to taking the intended action 23 unless exigent circumstances make it necessary to respond after the 24 action has been taken. 25 8. On or before the first day of July, in any year, the director shall 26 report to the members of the New York state bond allocation policy advi- 27 sory panel on the actual utilization of volume cap for the issuance of 28 bonds during the prior calendar year and the amount of such cap allo- 29 cated for carryforwards for future bond issuance. The report shall 30 include, for each local agency or other issuer and each state agency the 31 initial allocation, the amount of bonds issued subject to the allo- 32 cation, the amount of the issuer's allocation that remained unused, the 33 allocation of the statewide bond reserve, carryforward allocations and 34 recapture of allocations. Further, the report shall include projections 35 regarding private activity bond issuance for state and local issuers for 36 the calendar year, as well as any recommendations for legislative 37 action. The director shall publish the report on the division of budg- 38 et's website concurrently with the release of the report to the panel. 39 § 15. Severability. If any clause, sentence, paragraph, section, or 40 item of this part shall be adjudged by any court of competent jurisdic- 41 tion to be invalid, such judgment shall not affect, impair, or invali- 42 date the remainder thereof, but shall be confined in its operation to 43 the clause, sentence, paragraph, section, or item thereof directly 44 involved in the controversy in which such judgment shall have been 45 rendered. 46 § 16. Notwithstanding any provisions of this act to the contrary (1) 47 provided that a local agency or other issuer certifies to the commis- 48 sioner on or before October 1, 2022 that it has issued private activity 49 bonds described in this act and the amount thereof which used statewide 50 ceiling, a commitment or allocation of statewide ceiling to a local 51 agency or other issuer made to or so used by such local agency or other 52 issuer pursuant to the federal tax reform act of 1986 on or after Janu- 53 ary 1, 2022 and prior to the effective date of this act, in an amount 54 which exceeds the local agency set-aside established by section four of 55 this act, shall be first chargeable to the statewide bond reserve estab- 56 lished pursuant to section six of this act, and (2) a commitment orS. 8006--C 247 A. 9006--C 1 allocation of statewide ceiling to a state agency made to or used by 2 such agency pursuant to the internal revenue code, as amended, on or 3 after January 1, 2022 and prior to the effective date of this act, shall 4 be first chargeable to the state agency set-aside established pursuant 5 to section five of this act, and, thereafter, to the statewide bond 6 reserve established by section six of this act. 7 § 17. Nothing contained in this act shall be deemed to supersede, 8 alter or impair any allocation used by or committed by the director or 9 commissioner to a state or local agency or other issuer pursuant to the 10 federal tax reform act of 1986 and prior to the effective date of this 11 act. 12 § 18. This act shall take effect immediately; provided, however, that 13 sections three, four, five, six, seven, eight, nine, ten, twelve, thir- 14 teen and fourteen of this act shall expire July 1, 2025 when upon such 15 date the provisions of such sections shall be deemed repealed; except 16 that the provisions of subdivisions two and three of section thirteen of 17 this act shall expire and be deemed repealed February 15, 2025. 18 PART WW 19 Section 1. Subdivision (c) of section 103 of the public officers law, 20 as added by chapter 289 of the laws of 2000, is amended to read as 21 follows: 22 (c) A public body [that uses videoconferencing to conduct its meet-23ings] shall provide an opportunity for the public to attend, listen and 24 observe [at any site] meetings in at least one physical location at 25 which a member participates. 26 § 2. The public officers law is amended by adding a new section 103-a 27 to read as follows: 28 § 103-a. Videoconferencing by public bodies. 1. For the purposes of 29 this section, "local public body" shall mean a public corporation as 30 defined in section sixty-six of the general construction law, a poli- 31 tical subdivision as defined in section one hundred of the general 32 municipal law or a committee or subcommittee or other similar body of 33 such entity, or any entity for which a quorum is required in order to 34 conduct public business and which consists of two or more members, 35 performing a governmental function for an entity limited in the 36 execution of its official functions to a portion only of the state, or a 37 political subdivision of the state, or for an agency or department ther- 38 eof. For the purposes of this section, a public body shall be as 39 defined in subdivision two of section one hundred two of this article. 40 2. A public body may, in its discretion, use videoconferencing to 41 conduct its meetings pursuant to the requirements of this article 42 provided that a minimum number of members are present to fulfill the 43 public body's quorum requirement in the same physical location or 44 locations where the public can attend and the following criteria are 45 met: 46 (a) the governing board of a county, city, town or village has adopted 47 a local law, or a public body has adopted a resolution, or the senate 48 and assembly have adopted a joint resolution, following a public hear- 49 ing, authorizing the use of videoconferencing: 50 (i) for itself and its committees or subcommittees; or, 51 (ii) specifying that each committee or subcommittee may make its own 52 determination; 53 (iii) provided however, each community board in a city with a popu- 54 lation of one million or more shall make its own determination;S. 8006--C 248 A. 9006--C 1 (b) the public body has established written procedures governing 2 member and public attendance consistent with this section, and such 3 written procedures shall be conspicuously posted on the public website 4 of the public body; 5 (c) members of the public body shall be physically present at any such 6 meeting unless such member is unable to be physically present at any 7 such meeting location due to extraordinary circumstances, as set forth 8 in the resolution and written procedures adopted pursuant to paragraphs 9 (a) and (b) of this subdivision, including disability, illness, caregiv- 10 ing responsibilities, or any other significant or unexpected factor or 11 event which precludes the member's physical attendance at such meeting; 12 (d) except in the case of executive sessions conducted pursuant to 13 section one hundred five of this article, the public body shall ensure 14 that members of the public body can be heard, seen and identified, while 15 the meeting is being conducted, including but not limited to any 16 motions, proposals, resolutions, and any other matter formally discussed 17 or voted upon; 18 (e) the minutes of the meetings involving videoconferencing shall 19 include which, if any, members participated remotely and shall be avail- 20 able to the public pursuant to section one hundred six of this article; 21 (f) if videoconferencing is used to conduct a meeting, the public 22 notice for the meeting shall inform the public that videoconferencing 23 will be used, where the public can view and/or participate in such meet- 24 ing, where required documents and records will be posted or available, 25 and identify the physical location for the meeting where the public can 26 attend; 27 (g) the public body shall provide that each meeting conducted using 28 videoconferencing shall be recorded and such recordings posted or linked 29 on the public website of the public body within five business days 30 following the meeting, and shall remain so available for a minimum of 31 five years thereafter. Such recordings shall be transcribed upon 32 request; 33 (h) if videoconferencing is used to conduct a meeting, the public body 34 shall provide the opportunity for members of the public to view such 35 meeting via video, and to participate in proceedings via videoconference 36 in real time where public comment or participation is authorized and 37 shall ensure that videoconferencing authorizes the same public partic- 38 ipation or testimony as in person participation or testimony; and 39 (i) a local public body electing to utilize videoconferencing to 40 conduct its meetings must maintain an official website. 41 3. The in person participation requirements of paragraph (c) of subdi- 42 vision two of this section shall not apply during a state disaster emer- 43 gency declared by the governor pursuant to section twenty-eight of the 44 executive law, or a local state of emergency proclaimed by the chief 45 executive of a county, city, village or town pursuant to section twen- 46 ty-four of the executive law, if the public body determines that the 47 circumstances necessitating the emergency declaration would affect or 48 impair the ability of the public body to hold an in person meeting. 49 4. No later than January first, two thousand twenty-four, the commit- 50 tee on open government, created by paragraph (a) of subdivision one of 51 section eighty-nine of this chapter, shall issue a report to the gover- 52 nor, the temporary president of the senate, the speaker of the assembly, 53 the chair of the senate standing committee on local government, the 54 chair of the senate standing committee on investigations and government 55 operations, the chair of the assembly standing committee on local 56 governments, and the chair of the assembly standing committee on govern-S. 8006--C 249 A. 9006--C 1 mental operations concerning the application and implementation of such 2 law and any further recommendations governing the use of videoconferenc- 3 ing by public bodies to conduct meetings pursuant to this section. 4 5. Open meetings of any public body that are broadcast or that use 5 videoconferencing shall utilize technology to permit access by members 6 of the public with disabilities consistent with the 1990 Americans with 7 Disabilities Act (ADA), as amended, and corresponding guidelines. For 8 the purposes of this section, "disability" shall have the meaning 9 defined in section two hundred ninety-two of the executive law. 10 § 3. Notwithstanding the provisions of article 7 of the public offi- 11 cers law to the contrary, for sixty days after the effective date of 12 this act any public body shall be authorized to meet and take such 13 action authorized by law without permitting in public-in-person access 14 to meetings and authorize such meetings to be held remotely by confer- 15 ence call or similar service, provided that the public has the ability 16 to view or listen to such proceeding and that such meetings are recorded 17 and later transcribed. 18 § 4. This act shall take effect immediately and shall expire and be 19 deemed repealed July 1, 2024. 20 PART XX 21 Section 1. The public health law is amended by adding a new section 22 3614-f to read as follows: 23 § 3614-f. Home care minimum wage increase. 1. For the purpose of this 24 section, "home care aide" shall have the same meaning as defined in 25 section thirty-six hundred fourteen-c of this article. 26 2. In addition to the otherwise applicable minimum wage under section 27 six hundred fifty-two of the labor law, or any otherwise applicable wage 28 rule or order under article nineteen of the labor law, the minimum wage 29 for a home care aide shall be increased by an amount of three dollars 30 and zero cents in accordance with the following schedule: 31 (a) beginning October first, two thousand twenty-two, the minimum wage 32 for a home care aide shall be increased by an amount of two dollars and 33 zero cents, and 34 (b) beginning October first, two thousand twenty-three, the minimum 35 wage for a home care aide shall be increased by an additional amount of 36 one dollar and zero cents. 37 3. Where any home care aide is paid less than required by subdivision 38 two of this section, the home care aide, or the commissioner of labor 39 acting on behalf of the home care aide, may bring a civil action under 40 article six or nineteen of the labor law; provided that this shall not 41 preclude the commissioner of labor from taking direct administrative 42 enforcement action under article six of the labor law. 43 § 2. Section 3614-d of the public health law, as added by section 49 44 of part B of chapter 57 of the laws of 2015, is amended to read as 45 follows: 46 § 3614-d. Universal standards for coding of payment for medical 47 assistance claims for long term care. Claims for payment submitted under 48 contracts or agreements with insurers under the medical assistance 49 program for home and community-based long-term care services provided 50 under this article, by fiscal intermediaries operating pursuant to 51 section three hundred sixty-five-f of the social services law, and by 52 residential health care facilities operating pursuant to article twen- 53 ty-eight of this chapter shall have standard billing codes. Such insur- 54 ers shall include but not be limited to Medicaid managed care plans andS. 8006--C 250 A. 9006--C 1 managed long term care plans. Such payments shall be based on universal 2 billing codes approved by the department or a nationally accredited 3 organization as approved by the department; provided, however, such 4 coding shall be consistent with any codes developed as part of the 5 uniform assessment system for long term care established by the depart- 6 ment and shall include, for any entity operating pursuant to section 7 three hundred sixty-five-f of the social services law a code that is 8 specific to the hourly cost of services at an overtime rate; provided, 9 however, that this section shall not be construed to require the depart- 10 ment to develop an overtime rate. 11 § 3. Subparagraph (iv) of paragraph (a) of subdivision 3 of section 12 3614-c of the public health law, as amended by section 1 of part OO of 13 chapter 56 of the laws of 2020, is amended and a new subparagraph (v) is 14 added to read as follows: 15 (iv) for all periods on or after April first, two thousand sixteen, 16 the cash portion of the minimum rate of home care aide total compen- 17 sation shall be ten dollars or the minimum wage as laid out in paragraph 18 (a) of subdivision one of section six hundred fifty-two of the labor 19 law, whichever is higher. The benefit portion of the minimum rate of 20 home care aide total compensation shall be four dollars and nine 21 cents[.]; 22 (v) for all periods on or after January first, two thousand twenty- 23 three, the cash portion of the minimum rate of home care aide total 24 compensation shall be the minimum wage for home care aides in the appli- 25 cable region, as defined in section thirty-six hundred fourteen-f of 26 this article. The benefit portion of the minimum rate of home care aide 27 total compensation shall be four dollars and nine cents. 28 § 4. Subparagraph (iv) of paragraph (b) of subdivision 3 of section 29 3614-c of the public health law, as amended by section 1 of part OO of 30 chapter 56 of the laws of 2020, is amended and a new subparagraph (v) is 31 added to read as follows: 32 (iv) for all periods on or after March first, two thousand sixteen, 33 the cash portion of the minimum rate of home care aide total compen- 34 sation shall be ten dollars or the minimum wage as laid out in paragraph 35 (b) of subdivision one of section six hundred fifty-two of the labor 36 law, whichever is higher. The benefit portion of the minimum rate of 37 home care aide total compensation shall be three dollars and twenty-two 38 cents[.]; 39 (v) for all periods on or after January first, two thousand twenty- 40 three, the cash portion of the minimum rate of home care aide total 41 compensation shall be the minimum wage for the applicable region, as 42 defined in section thirty-six hundred fourteen-f of this article. The 43 benefit portion of the minimum rate of home care aide total compensation 44 shall be three dollars and twenty-two cents. 45 § 5. Severability. If any provision of this act, or any application of 46 any provision of this act, is held to be invalid, or to violate or be 47 inconsistent with any federal law or regulation, that shall not affect 48 the validity or effectiveness of any other provision of this act, or of 49 any other application of any provision of this act which can be given 50 effect without that provision or application; and to that end, the 51 provisions and applications of this act are severable. 52 § 6. This act shall take effect October 1, 2022. 53 PART YYS. 8006--C 251 A. 9006--C 1 Section 1. Sections 1 and 3 of chapter 252 of the laws of 1968 relat- 2 ing to the construction and financing of a stadium by the county of Erie 3 and authorizing, in aid of such financing, the leasing of such stadium 4 and exemption from current funds requirements, are amended to read as 5 follows: 6 Section 1. (1) Notwithstanding the provisions of any other law, gener- 7 al, special, or local, the county of Erie, acting by the county execu- 8 tive, with the approval of the Erie county legislature, is hereby 9 authorized and empowered from time to time to enter into contracts, 10 leases, or rental agreements with, transfer real property to, or grant 11 licenses, permits, concessions, or other authorizations, to any person 12 or persons, upon such terms and conditions, for such consideration and 13 for such term of duration as may be agreed upon by the county and such 14 person or persons, whereby, for any purpose or purposes hereinafter 15 referred to, such person or persons are granted the right, to use, occu- 16 py, or carry on activities in, the whole or any part of a stadium, 17 including the site thereof, parking areas and other facilities appurten- 18 ant thereto or utilized therefor on real property owned by the county of 19 Erie, or constructed and/or reconstructed by such person or persons on 20 real property transferred by the county of Erie to such person or 21 persons, hereby authorized to be (a) constructed by the county of Erie 22 on such site as may be finally determined by the Erie county legislature 23 and acquired by the county of Erie, or (b) constructed and/or recon- 24 structed by such person or persons on such site as may be provided by 25 transfer of real property by the county of Erie to such person or 26 persons. (2) Prior to or after the expiration or termination of the 27 term of duration of any contracts, leases, rental agreements, licenses, 28 permits, concessions, or other authorizations entered into or granted 29 pursuant to the provisions of this act, the county of Erie, in accord- 30 ance with the requirements and conditions of this act, may from time to 31 time enter into amended, supplemental, new, additional, or further 32 contracts, leases, or rental agreements with, and grant new, additional, 33 supplemental, or further licenses, permits, concessions, or other 34 authorizations to, the same or any other person or persons for any 35 purpose or purposes referred to herein. 36 § 3. The construction, replacement, reconstruction, or alteration of, 37 or construction of an addition to or a roof or increased seating capaci- 38 ty for, such stadium, including acquisition of land or rights in land, 39 demolition of existing structures thereon, grading or improving of the 40 site, construction of parking areas and other facilities appurtenant 41 thereto or utilized therefor and improvements in relation thereto and 42 purchase and installation of original furnishings, equipment, machinery, 43 and apparatus required for the purpose for which such stadium is to be 44 used, is hereby declared to be a specific object or purpose for which 45 indebtedness may be contracted and serial bonds and bond anticipation 46 notes of the county of Erie may be issued, pursuant to the applicable 47 provisions of the local finance law and the period of probable useful- 48 ness thereof is hereby determined to be forty years. Preliminary costs 49 of surveys, maps, plans, estimates, and hearings in connection with such 50 capital improvements and costs incidental to such improvement, including 51 but not limited to legal fees, printing or engraving, publication of 52 notices, taking of title, apportionment of costs and interest during 53 construction shall be deemed part of the cost of such object or purpose. 54 § 2. Section 5 of chapter 252 of the laws of 1968 relating to the 55 construction and financing of a stadium by the county of Erie and 56 authorizing, in aid of such financing, the leasing of such stadium andS. 8006--C 252 A. 9006--C 1 exemption from current funds requirements, as renumbered by chapter 699 2 of the laws of 1974, is renumbered section 6 and a new section 5 is 3 added to read as follows: 4 § 5. The appropriation and expenditure of any funds after January 1, 5 2022 for any purposes related to services and expenses for any newly 6 constructed athletic facilities related to professional football in 7 Orchard Park, New York shall be subject to a contractual agreement 8 between the Erie County Stadium Corporation and the lessee of such 9 athletic facilities which provides that such lessee commit to the utili- 10 zation and occupation of any newly constructed athletic facilities 11 (prohibition on relocation) for a minimum duration of thirty years; and 12 provided further, in addition to any other penalties, remedies and fees 13 negotiated in such contract and any ancillary documents and agreements 14 associated therewith between the Erie County Stadium Corporation and the 15 lessee, such contract and any ancillary documents and agreements associ- 16 ated therewith shall provide that the lessee of such athletic facili- 17 ties reimburse the state for a portion of such funds consistent with the 18 terms of the prohibition on relocation provisions included in such 19 contract and any ancillary documents and agreements associated there- 20 with. 21 § 3. This act shall take effect immediately. 22 PART ZZ 23 Section 1. The social services law is amended by adding a new section 24 367-w to read as follows: 25 § 367-w. Health care and mental hygiene worker bonuses. 1. Purpose 26 and intent. New York's essential front line health care and mental 27 hygiene workers have seen us through a once-in-a-century public health 28 crisis and turned our state into a model for battling and beating 29 COVID-19. To attract talented people into the profession at a time of 30 such significant strain while also retaining those who have been working 31 so tirelessly these past two years, we must recognize the efforts of our 32 health care and mental hygiene workforce and reward them financially for 33 their service. 34 To do that, the commissioner of health is hereby directed to seek 35 federal approvals as applicable, and, subject to federal financial 36 participation, to support with federal and state funding bonuses to be 37 made available during the state fiscal year of 2023 to recruit, retain, 38 and reward health care and mental hygiene workers. 39 2. Definitions. As used in this section, the term: 40 (a) "Employee" means certain front line health care and mental hygiene 41 practitioners, technicians, assistants and aides that provide hands on 42 health or care services to individuals, without regard to whether the 43 person works full-time, part-time, on a salaried, hourly, or temporary 44 basis, or as an independent contractor, that received an annualized base 45 salary of one hundred twenty-five thousand dollars or less, to include: 46 (i) Physician assistants, dental hygienists, dental assistants, 47 psychiatric aides, pharmacists, pharmacy technicians, physical thera- 48 pists, physical therapy assistants, physical therapy aides, occupational 49 therapists, occupational therapy assistants, occupational therapy aides, 50 speech-language pathologists, respiratory therapists, exercise physiolo- 51 gists, recreational therapists, all other therapists, orthotists, 52 prosthetists, clinical laboratory technologists and technicians, diag- 53 nostic medical sonographers, nuclear medicine technologists, radiologic 54 technologists, magnetic resonance imaging technologists, ophthalmicS. 8006--C 253 A. 9006--C 1 medical technicians, radiation therapists, dietetic technicians, cardio- 2 vascular technologists and technicians, certified first responders, 3 emergency medical technicians, advanced emergency medical technicians, 4 paramedics, surgical technologists, all other health technologists and 5 technicians, orderlies, medical assistants, phlebotomists, all other 6 health care support workers, nurse anesthetists, nurse midwives, nurse 7 practitioners, registered nurses, nursing assistants, and licensed prac- 8 tical and licensed vocational nurses; 9 (ii) to the extent not already included in subparagraph (i) of this 10 paragraph, staff who perform functions as described in the consolidated 11 fiscal report (CFR) manual with respect to the following title codes: 12 Mental Hygiene Worker; 13 Residence/Site Worker; 14 Counselor (OMH); 15 Manager (OMH); 16 Senior Counselor (OMH); 17 Supervisor (OMH); 18 Developmental Disabilities Specialist QIDP - Direct Care (OPWDD); 19 Certified Recovery Peer Advocate; 20 Peer Professional - Non-CRPA (OASAS Only); 21 Job Coach/Employment Specialist (OMH and OPWDD); 22 Peer Specialist (OMH); 23 Counselor - Alcoholism and Substance Abuse (CASAC); 24 Counseling Aide/Assistant - Alcoholism and Substance Abuse; 25 Other Direct Care Staff; 26 Case Manager; 27 Counselor - Rehabilitation; 28 Developmental Disabilities Specialist/Habilitation Specialist QIDP - 29 Clinical (OPWDD); 30 Emergency Medical Technician; 31 Intensive Case Manager (OMH); 32 Intensive Case Manager/Coordinator (OMH); 33 Nurse - Licensed Practical; 34 Nurse - Registered; 35 Psychologist (Licensed); 36 Psychologist (Master's Level)/Behavioral Specialist; 37 Psychology Worker/Other Behavioral Worker; 38 Social Worker - Licensed (LMSW, LCSW); 39 Social Worker - Master's Level (MSW); 40 Licensed Mental Health Counselor (OASAS, OMH, OCFS); 41 Licensed Psychoanalyst (OMH); 42 Therapist - Recreation; 43 Therapist - Activity/Creative Arts; 44 Therapist - Occupational; 45 Dietician/Nutritionist; 46 Therapy Assistant/Activity Assistant; 47 Nurse's Aide/Medical Aide; 48 Behavior Intervention Specialist 1 (OPWDD); 49 Behavior Intervention Specialist 2 (OPWDD); 50 Clinical Coordinator; 51 Intake/Screening; 52 Pharmacist; 53 Marriage and Family Counselor/Therapist; 54 Residential Treatment Facility (RTF) Transition Coordinator (OMH); 55 Crisis Prevention Specialist (OMH); 56 Early Recognition Specialist (OMH);S. 8006--C 254 A. 9006--C 1 Other Clinical Staff/Assistants; 2 Nurse Practitioner/Nursing Supervisor; 3 Therapist - Physical; 4 Therapist - Speech; 5 Program or Site Director; and 6 Assistant Program or Assistant Site Director; and 7 (iii) such titles as determined by the commissioner, or relevant agen- 8 cy commissioner as applicable, and approved by the director of the budg- 9 et. 10 (b) "Employer" means a provider enrolled in the medical assistance 11 program under this title that employs at least one employee and that 12 bills for services under the state plan or a home and community based 13 services waiver authorized pursuant to subdivision (c) of section nine- 14 teen hundred fifteen of the federal social security act, or that has a 15 provider agreement to bill for services provided or arranged through a 16 managed care provider under section three hundred sixty-four-j of this 17 title or a managed long term care plan under section forty-four hundred 18 three-f of the public health law, to include: 19 (i) providers and facilities licensed, certified or otherwise author- 20 ized under articles twenty-eight, thirty, thirty-six or forty of the 21 public health law, articles sixteen, thirty-one, thirty-two or thirty- 22 six of the mental hygiene law, article seven of this chapter, fiscal 23 intermediaries under section three hundred sixty-five-f of this title, 24 pharmacies registered under section six thousand eight hundred eight of 25 the education law, or school based health centers; 26 (ii) programs that participate in the medical assistance program and 27 are funded by the office of mental health, the office of addiction 28 services and supports, or the office for people with developmental disa- 29 bilities; and 30 (iii) other provider types determined by the commissioner and approved 31 by the director of the budget; 32 (iv) provided, however, that unless the provider is subject to a 33 certificate of need process as a condition of state licensure or 34 approval, such provider shall not be an employer under this section 35 unless at least twenty percent of the provider's patients or persons 36 served are eligible for services under this title and title XIX of the 37 federal social security act. 38 (c) Notwithstanding the definition of employer in paragraph (b) of 39 this subdivision, and without regard to the availability of federal 40 financial participation, "employer" shall also include an institution of 41 higher education, a public or nonpublic school, a charter school, an 42 approved preschool program for students with disabilities, a school 43 district or boards of cooperative educational services, programs funded 44 by the office of mental health, programs funded by the office of 45 addiction services and supports, programs funded by the office for 46 people with developmental disabilities, programs funded by the office 47 for the aging, a health district as defined in section two of the public 48 health law, or a municipal corporation, where such program or entity 49 employs at least one employee. Such employers shall be required to 50 enroll in the system designated by the commissioner, or relevant agency 51 commissioners, in consultation with the director of the budget, for the 52 purpose of claiming bonus payments under this section. Such system or 53 process for claiming bonus payments may be different from the system and 54 process used under subdivision three of this section. 55 (d) "Vesting period" shall mean a series of six-month periods between 56 the dates of October first, two thousand twenty-one and March thirty-S. 8006--C 255 A. 9006--C 1 first, two thousand twenty-four for which employees that are continuous- 2 ly employed by an employer during such six-month periods, in accordance 3 with a schedule issued by the commissioner or relevant agency commis- 4 sioner as applicable, may become eligible for a bonus pursuant to subdi- 5 vision four of this section. 6 (e) "Base salary" shall mean, for the purposes of this section, the 7 employee's gross wages with the employer during the vesting period, 8 excluding any bonuses or overtime pay. 9 (f) "Municipal corporation" means a county outside the city of New 10 York, a city, including the city of New York, a town, a village, or a 11 school district. 12 3. Tracking and submission of claims for bonuses. (a) The commission- 13 er, in consultation with the commissioner of labor and the Medicaid 14 inspector general, and subject to any necessary approvals by the federal 15 centers for Medicare and Medicaid services, shall develop such forms and 16 procedures as may be needed to identify the number of hours employees 17 worked and to provide reimbursement to employers for the purposes of 18 funding employee bonuses in accordance with hours worked during the 19 vesting period. 20 (b) Using the forms and processes developed by the commissioner under 21 this subdivision, employers shall, for a period of time specified by the 22 commissioner: 23 (i) track the number of hours that employees work during the vesting 24 period and, as applicable, the number of patients served by the employer 25 who are eligible for services under this title; and 26 (ii) submit claims for reimbursement of employee bonus payments. In 27 filling out the information required to submit such claims, employers 28 shall use information obtained from tracking required pursuant to para- 29 graph (a) of this subdivision and provide such other information as may 30 be prescribed by the commissioner. In determining an employee's annual- 31 ized base salary, the employer shall use information based on payroll 32 records. 33 (c) Employers shall be responsible for determining whether an employee 34 is eligible under this section and shall maintain and make available 35 upon request all records, data and information the employer relied upon 36 in making the determination that an employee was eligible, in accordance 37 with paragraph (d) of this subdivision. 38 (d) Employers shall maintain contemporaneous records for all tracking 39 and claims related information and documents required to substantiate 40 claims submitted under this section for a period of no less than six 41 years. Employers shall furnish such records and information, upon 42 request, to the commissioner, the Medicaid inspector general, the 43 commissioner of labor, the secretary of the United States Department of 44 Health and Human Services, and the deputy attorney general for Medicaid 45 fraud control. 46 4. Payment of worker bonuses. (a) Upon issuance of a vesting schedule 47 by the commissioner, or relevant agency commissioner as applicable, 48 employers shall be required to pay bonuses to employees pursuant to such 49 schedule based on the number of hours worked during the vesting period. 50 The schedule shall provide for total payments not to exceed three thou- 51 sand dollars per employee in accordance with the following: 52 (i) employees who have worked an average of at least twenty but less 53 than thirty hours per week over the course of a vesting period would 54 receive a five hundred dollar bonus for the vesting period;S. 8006--C 256 A. 9006--C 1 (ii) employees who have worked an average of at least thirty but less 2 than thirty-five hours per week over the course of a vesting period 3 would receive a one thousand dollar bonus for such vesting period; 4 (iii) employees who have worked an average of at least thirty-five 5 hours per week over the course of a vesting period would receive a one 6 thousand five hundred dollar bonus for such vesting period. 7 (iv) full-time employees who are exempt from overtime compensation as 8 established in the labor commissioner's minimum wage orders or otherwise 9 provided by New York state law or regulation over the course of a vest- 10 ing period would receive a one thousand five hundred dollar bonus for 11 such vesting period. 12 (b) Notwithstanding paragraph (a) of this subdivision, the commission- 13 er may through regulation specify an alternative number of vesting peri- 14 ods, provided that total payments do not exceed three thousand dollars 15 per employee. 16 (c) Employees shall be eligible for bonuses for no more than two vest- 17 ing periods per employer, in an amount equal to but not greater than 18 three thousand dollars per employee across all employers. 19 (d) Upon completion of a vesting period with an employer, an employee 20 shall be entitled to receive the bonus and the employer shall be 21 required to pay the bonus no later than the date specified under this 22 subdivision, provided however that prior to such date the employee does 23 not terminate, through action or inaction, the employment relationship 24 with the employer, in accordance with any employment agreement, includ- 25 ing a collectively bargained agreement, if any, between the employee and 26 employer. 27 (e) Any bonus due and payable to an employee under this section shall 28 be made by the employer no later than thirty days after the bonus is 29 paid to the employer. 30 (f) an employer shall be required to submit a claim for a bonus to the 31 department no later than thirty days after an employee's eligibility for 32 a bonus vests, in accordance with and upon issuance of the schedule 33 issued by the commissioner or relevant agency commissioner. 34 (g) No portion of any dollars received from claims under subparagraph 35 (ii) of paragraph (b) of subdivision three of this section for employee 36 bonuses shall be returned to any person other than the employee to whom 37 the bonus is due or used to reduce the total compensation an employer is 38 obligated to pay to an employee under section thirty-six hundred four- 39 teen-c of the public health law, section six hundred fifty-two of the 40 labor law, or any other provisions of law or regulations, or pursuant to 41 any collectively bargained agreement. 42 (h) No portion of any bonus available pursuant to this subdivision 43 shall be payable to a person who has been suspended or excluded under 44 the medical assistance program during the vesting period and at the time 45 an employer submits a claim under this section. 46 (i) The use of any accruals or other leave, including but not limited 47 to sick, vacation, or time used under the family medical leave act, 48 shall be credited towards and included in the calculation of the average 49 number of hours worked per week over the course of the vesting period. 50 5. Audits, investigations and reviews. (a) The Medicaid inspector 51 general shall, in coordination with the commissioner, conduct audits, 52 investigations and reviews of employers required to submit claims under 53 this section. Such claims, inappropriately paid, under this section 54 shall constitute overpayments as that term is defined under the regu- 55 lations governing the medical assistance program. The Medicaid inspector 56 general may recover such overpayments to employers as it would an over-S. 8006--C 257 A. 9006--C 1 payment under the medical assistance program, impose sanctions up to and 2 including exclusion from the medical assistance program, impose penal- 3 ties, and take any other action authorized by law where: 4 (i) an employer claims a bonus not due to an employee or a bonus 5 amount in excess of the correct bonus amount due to an employee; 6 (ii) an employer claims, receives and fails to pay any part of the 7 bonus due to a designated employee; 8 (iii) an employer fails to claim a bonus due to an employee. 9 (b) Any employer identified in paragraph (a) of this subdivision who 10 fails to identify, claim and pay any bonus for more than ten percent of 11 its employees eligible for the bonus shall also be subject to additional 12 penalties under subdivision four of section one hundred forty-five-b of 13 this article. 14 (c) Any employer who fails to pay any part of the bonus payment to a 15 designated employee shall remain liable to pay such bonus to that 16 employee, regardless of any recovery, sanction or penalty the Medicaid 17 inspector general may impose. 18 (d) In all instances recovery of inappropriate bonus payments shall be 19 recovered from the employer. The employer shall not have the right to 20 recover any inappropriately paid bonus from the employee. 21 (e) Where the Medicaid inspector general sanctions an employer for 22 violations under this section, they may also sanction any affiliates as 23 defined under the regulations governing the medical assistance program. 24 6. Rules and regulations. The commissioner, in consultation with the 25 Medicaid inspector general as it relates to subdivision five of this 26 section, may promulgate rules, to implement this section pursuant to 27 emergency regulation; provided, however, that this provision shall not 28 be construed as requiring the commissioner to issue regulations to 29 implement this section. 30 § 2. Subparagraphs (iv) and (v) of paragraph (a) of subdivision 4 of 31 section 145-b of the social services law, as amended by section 1 of 32 part QQ of chapter 56 of the laws of 2020, are amended to read as 33 follows: 34 (iv) such person arranges or contracts, by employment, agreement, or 35 otherwise, with an individual or entity that the person knows or should 36 know is suspended or excluded from the medical assistance program at the 37 time such arrangement or contract regarding activities related to the 38 medical assistance program is made[.]; 39 (v) such person had an obligation to identify, claim, and pay a bonus 40 under subdivision three of section three hundred sixty-seven-w of this 41 article and such person failed to identify, claim and pay such bonus. 42 (vi) For purposes of this paragraph, "person" as used in subparagraph 43 (i) of this paragraph does not include recipients of the medical assist- 44 ance program; and "person" as used in subparagraphs (ii) [--], (iii) and 45 (iv) of this paragraph, is as defined in paragraph (e) of subdivision 46 [(6)] six of section three hundred sixty-three-d of this [chapter] arti- 47 cle; and "person" as used in subparagraph (v) of this paragraph includes 48 employers as defined in section three hundred sixty-seven-w of this 49 article. 50 § 3. Paragraph (c) of subdivision 4 of section 145-b of the social 51 services law is amended by adding a new subparagraph (iii) to read as 52 follows: 53 (iii) For subparagraph (v) of paragraph (a) of this subdivision, a 54 monetary penalty shall be imposed for conduct described in subparagraphs 55 (i), (ii) and (iii) of paragraph (a) of subdivision five of section 56 three hundred sixty-seven-w of this article and shall not exceed oneS. 8006--C 258 A. 9006--C 1 thousand dollars per failure to identify, claim and pay a bonus for each 2 employee. 3 § 4. Health care and mental hygiene worker bonuses for state employ- 4 ees. 1. An employee who is employed by a state operated facility, an 5 institutional or direct-care setting operated by the executive branch of 6 the State of New York or a public hospital operated by the state univer- 7 sity of New York and who is deemed substantially equivalent to the defi- 8 nition of employee pursuant to paragraph (a) of subdivision 2 of section 9 367-w of the social services law as determined by the commissioner of 10 health, in consultation with the chancellor of the state university of 11 New York, the commissioner of the department of civil service, the 12 director of the office of employee relations, and the commissioners of 13 other state agencies, as applicable, and approved by the director of the 14 budget, shall be eligible for the health care and mental hygiene worker 15 bonus. Notwithstanding the definition of base salary pursuant to para- 16 graph (e) of subdivision 2 of section 367-w, such bonus shall only be 17 paid to employees that receive an annualized base salary of one hundred 18 twenty-five thousand dollars or less. 19 2. Employees shall be eligible for health care and mental hygiene 20 worker bonuses in an amount up to but not exceeding three thousand 21 dollars per employee. The payment of bonuses shall be paid based on the 22 total number of hours worked during two vesting periods based on the 23 employee's start date with the employer. No employee's first vesting 24 period may begin later than March thirty-first, two thousand twenty- 25 three, and in total both vesting periods may not exceed one year in 26 duration. For each vesting period, payments shall be in accordance with 27 the following: 28 (a) employees who have worked an average of at least twenty but less 29 than thirty hours per week over the course of a vesting period shall 30 receive a five hundred dollar bonus for the vesting period; 31 (b) employees who have worked an average of at least thirty but less 32 than thirty-seven and one half hours per week over the course of a vest- 33 ing period shall receive a one thousand dollar bonus for such vesting 34 period; and 35 (c) employees who have worked an average of at least thirty-seven and 36 one half hours per week over the course of a vesting period shall 37 receive a one thousand five hundred dollar bonus for such vesting peri- 38 od. 39 § 5. An employee under this act shall be limited to a bonus of three 40 thousand dollars per employee without regard to which section or 41 sections such employee may be eligible or whether the employee is eligi- 42 ble to receive a bonus from more than one employer. 43 § 6. Notwithstanding any provision of law to the contrary, any bonus 44 payment paid pursuant to this act, to the extent includible in gross 45 income for federal income tax purposes, shall not be subject to state or 46 local income tax. 47 § 7. Bonuses under this act shall not be considered income for 48 purposes of public benefits or other public assistance. 49 § 8. Paragraph (a) of subdivision 8 of section 131-a of the social 50 services law is amended by adding a new subparagraph (x) to read as 51 follows: 52 (x) all of the income of a head of household or any person in the 53 household, who is receiving such aid or for whom an application for such 54 aid has been made, which is derived from the health care and mental 55 hygiene worker bonuses under section three hundred sixty-seven-w of thisS. 8006--C 259 A. 9006--C 1 article or under the chapter of the laws of two thousand twenty-two 2 which added this subparagraph. 3 § 9. The department of health shall request any necessary waiver or 4 waivers from the centers for medicare and medicaid services to ensure 5 that the payments required by this act shall not be included in the 6 calculation of federal disproportionate share payments as determined by 7 42 CFR § 412.106, or in the calculation of the upper payment limit as 8 determined by 42 CFR § 447.272 and 42 CFR § 447.321, for any applicable 9 employer types that receive disproportionate share payments, upper 10 payment limit supplemental payments, or similar supplemental payments 11 where the centers for medicare and medicaid services has a waiver or 12 similar process for the exclusion of the payments required by this act 13 from such calculations. 14 § 10. This act shall take effect immediately. 15 PART AAA 16 Section 1. Subparagraph 4 of paragraph (b) of subdivision 1 of section 17 366 of the social services law, as added by section 1 of part D of chap- 18 ter 56 of the laws of 2013, is amended to read as follows: 19 (4) An individual who is a pregnant woman or is a member of a family 20 that contains a dependent child living with a parent or other caretaker 21 relative is eligible for standard coverage if [his or her] their MAGI 22 household income does not exceed [the MAGI-equivalent of] one hundred 23 [thirty] thirty-three percent of the [highest amount that ordinarily24would have been paid to a person without any income or resources under25the family assistance program as it existed on the first day of Novem-26ber, nineteen hundred ninety-seven] federal poverty line for the appli- 27 cable family size, which shall be calculated in accordance with guidance 28 issued by the 29 Secretary of the United States department of health and human 30 services; for purposes of this subparagraph, the term dependent child 31 means a person who is under eighteen years of age, or is eighteen years 32 of age and a full-time student, who is deprived of parental support or 33 care by reason of the death, continued absence, or physical or mental 34 incapacity of a parent, or by reason of the unemployment of the parent, 35 as defined by the department of health. 36 § 2. Paragraph (g) of subdivision 1 of section 366 of the social 37 services law is amended by adding a new subparagraph 4 to read as 38 follows: 39 (4) (a) Applicants and recipients who are age sixty-five or older, who 40 are otherwise eligible for medical assistance under this section, but 41 for their immigration status, are eligible for medical assistance 42 according to the following: 43 (b) individuals eligible for medical assistance pursuant to subpara- 44 graph (a) of this paragraph shall participate in and receive covered 45 benefits available through a managed care provider under section three 46 hundred sixty-four-j of this article that is certified pursuant to 47 section forty-four hundred three of the public health law; provided, 48 however, to the extent that any covered benefits available through such 49 managed care providers as of January first, two thousand twenty-three 50 are transitioned to fee-for-service coverage, then such individuals 51 shall continue to be entitled to these benefits in the fee-for-service 52 program, rather than through a managed care provider. 53 § 3. Paragraph (a) of subdivision 2 of section 366 of the social 54 services law, as separately amended by chapter 32 and 588 of the laws ofS. 8006--C 260 A. 9006--C 1 1968, the opening paragraph as amended by chapter 41 of the laws of 2 1992, subparagraph 1 as amended by section 27 of part C of chapter 109 3 of the laws of 2006, subparagraphs 3 and 6 as amended by chapter 938 of 4 the laws of 1990, subparagraph 4 as amended by section 43 and subpara- 5 graph 7 as amended by section 47 of part C of chapter 58 of the laws of 6 2008, subparagraph 5 as amended by chapter 576 of the laws of 2007, 7 subparagraph 9 as amended by chapter 110 of the laws of 1971, subpara- 8 graph 10 as added by chapter 705 of the laws of 1988, clauses (i) and 9 (ii) of subparagraph 10 as amended by chapter 672 of the laws of 2019, 10 clause (iii) of subparagraph 10 as amended by chapter 170 of the laws of 11 1994, and subparagraph 11 as added by chapter 576 of the laws of 2015, 12 is amended to read as follows: 13 (a) The following income and resources shall be exempt and shall not 14 be taken into consideration in determining a person's eligibility for 15 medical care, services and supplies available under this title: 16 (1) (i) for applications for medical assistance filed on or before 17 December thirty-first, two thousand five, a homestead which is essential 18 and appropriate to the needs of the household; 19 (ii) for applications for medical assistance filed on or after January 20 first, two thousand six, a homestead which is essential and appropriate 21 to the needs of the household; provided, however, that in determining 22 eligibility of an individual for medical assistance for nursing facility 23 services and other long term care services, the individual shall not be 24 eligible for such assistance if the individual's equity interest in the 25 homestead exceeds seven hundred fifty thousand dollars; provided 26 further, that the dollar amount specified in this clause shall be 27 increased, beginning with the year two thousand eleven, from year to 28 year, in an amount to be determined by the secretary of the federal 29 department of health and human services, based on the percentage 30 increase in the consumer price index for all urban consumers, rounded to 31 the nearest one thousand dollars. If such secretary does not determine 32 such an amount, the department of health shall increase such dollar 33 amount based on such increase in the consumer price index. Nothing in 34 this clause shall be construed as preventing an individual from using a 35 reverse mortgage or home equity loan to reduce the individual's total 36 equity interest in the homestead. The home equity limitation established 37 by this clause shall be waived in the case of a demonstrated hardship, 38 as determined pursuant to criteria established by such secretary. The 39 home equity limitation shall not apply if one or more of the following 40 persons is lawfully residing in the individual's homestead: (A) the 41 spouse of the individual; or (B) the individual's child who is under the 42 age of twenty-one, or is blind or permanently and totally disabled, as 43 defined in section 1614 of the federal social security act. 44 (2) essential personal property; 45 (3) a burial fund, to the extent allowed as an exempt resource under 46 the cash assistance program to which the applicant is most closely 47 related; 48 (4) savings in amounts equal to one hundred fifty percent of the 49 income amount permitted under subparagraph seven of this paragraph, 50 provided, however, that the amounts for one and two person households 51 shall not be less than the amounts permitted to be retained by house- 52 holds of the same size in order to qualify for benefits under the feder- 53 al supplemental security income program; 54 (5) (i) such income as is disregarded or exempt under the cash assist- 55 ance program to which the applicant is most closely related for purposes 56 of this subparagraph, cash assistance program means either the aid toS. 8006--C 261 A. 9006--C 1 dependent children program as it existed on the sixteenth day of July, 2 nineteen hundred ninety-six, or the supplemental security income 3 program; and 4 (ii) such income of a disabled person (as such term is defined in 5 section 1614(a)(3) of the federal social security act (42 U.S.C. section 6 1382c(a)(3)) or in accordance with any other rules or regulations estab- 7 lished by the social security administration), that is deposited in 8 trusts as defined in clause (iii) of subparagraph two of paragraph (b) 9 of this subdivision in the same calendar month within which said income 10 is received; 11 (6) health insurance premiums; 12 (7) income based on the number of family members in the medical 13 assistance household, as defined in regulations by the commissioner 14 consistent with federal regulations under title XIX of the federal 15 social security act [and calculated as follows:16(i) The amounts for one and two person households and families shall17be equal to twelve times the standard of monthly need for determining18eligibility for and the amount of additional state payments for aged,19blind and disabled persons pursuant to section two hundred nine of this20article rounded up to the next highest one hundred dollars for eligible21individuals and couples living alone, respectively.22(ii) The amounts for households of three or more shall be calculated23by increasing the income standard for a household of two, established24pursuant to clause (i) of this subparagraph, by fifteen percent for each25additional household member above two, such that the income standard for26a three-person household shall be one hundred fifteen percent of the27income standard for a two-person household, the income standard for a28four-person household shall be one hundred thirty percent of the income29standard for a two-person household, and so on.30(iii)] that does not exceed one hundred thirty-eight percent of the 31 federal poverty line for the applicable family size, which shall be 32 calculated in accordance with guidance issued by the United States 33 secretary for health and human services and with other applicable 34 provisions of this section; 35 (8) No other income or resources, including federal old-age, survivors 36 and disability insurance, state disability insurance or other payroll 37 deductions, whether mandatory or optional, shall be exempt and all other 38 income and resources shall be taken into consideration and required to 39 be applied toward the payment or partial payment of the cost of medical 40 care and services available under this title, to the extent permitted by 41 federal law. 42 (9) Subject to subparagraph eight, the department, upon the applica- 43 tion of a local social services district, after passage of a resolution 44 by the local legislative body authorizing such application, may adjust 45 the income exemption based upon the variations between cost of shelter 46 in urban areas and rural areas in accordance with standards prescribed 47 by the United States secretary of health, education and welfare. 48 (10) (i) A person who is receiving or is eligible to receive federal 49 supplemental security income payments and/or additional state payments 50 is entitled to a personal needs allowance as follows: 51 (A) for the personal expenses of a resident of a residential health 52 care facility, as defined by section twenty-eight hundred one of the 53 public health law, the amount of fifty-five dollars per month; 54 (B) for the personal expenses of a resident of an intermediate care 55 facility operated or licensed by the office for people with develop- 56 mental disabilities or a patient of a hospital operated by the office ofS. 8006--C 262 A. 9006--C 1 mental health, as defined by subdivision ten of section 1.03 of the 2 mental hygiene law, the amount of thirty-five dollars per month. 3 (ii) A person who neither receives nor is eligible to receive federal 4 supplemental security income payments and/or additional state payments 5 is entitled to a personal needs allowance as follows: 6 (A) for the personal expenses of a resident of a residential health 7 care facility, as defined by section twenty-eight hundred one of the 8 public health law, the amount of fifty dollars per month; 9 (B) for the personal expenses of a resident of an intermediate care 10 facility operated or licensed by the office for people with develop- 11 mental disabilities or a patient of a hospital operated by the office of 12 mental health, as defined by subdivision ten of section 1.03 of the 13 mental hygiene law, the amount of thirty-five dollars per month. 14 (iii) Notwithstanding the provisions of clauses (i) and (ii) of this 15 subparagraph, the personal needs allowance for a person who is a veteran 16 having neither a spouse nor a child, or a surviving spouse of a veteran 17 having no child, who receives a reduced pension from the federal veter- 18 ans administration, and who is a resident of a nursing facility, as 19 defined in section 1919 of the federal social security act, shall be 20 equal to such reduced monthly pension but shall not exceed ninety 21 dollars per month. 22 (11) subject to the availability of federal financial participation, 23 any amount, including earnings thereon, in a qualified NY ABLE account 24 as established pursuant to article eighty-four of the mental hygiene 25 law, any contributions to such NY ABLE account, and any distribution for 26 qualified disability expenses from such account; provided however, that 27 such exemption shall be consistent with section 529A of the Internal 28 Revenue Code of 1986, as amended. 29 § 4. Subdivision 3 of section 367-a of the social services law, as 30 amended by chapter 558 of the laws of 1989, paragraph (a) as amended by 31 chapter 81 of the laws of 1995, subparagraph 1 of paragraph (b) as 32 designated and subparagraph 2 as added by section 41 of part C of chap- 33 ter 58 of the laws of 2008, paragraph (c) as added by chapter 651 of the 34 laws of 1990, paragraph (d) as amended by section 27 of part B of chap- 35 ter 109 of the laws of 2010, paragraph (e) as added by section 16 of 36 part D of chapter 56 of the laws of 2013, subparagraph 2 of paragraph 37 (e) as amended by section 52 of part C of chapter 60 of the laws of 38 2014, is amended to read as follows: 39 3. (a) As used in this subdivision, the following terms shall have the 40 following meanings: 41 (1) "Qualified medicare beneficiary" means a person who is entitled to 42 hospital insurance benefits under part A of title XVIII of the federal 43 social security act, whose income does not exceed one hundred thirty- 44 eight percent of the official federal poverty line applicable to the 45 person's family size and whose resources do not exceed twice the maximum 46 amount of resources a person may have in order to qualify for benefits 47 under the federal supplemental security income program of title XVI of 48 the federal social security act, as determined for purposes of such 49 program. To the extent that federal financial participation is avail- 50 able, a person whose resources are in excess of the amount specified in 51 this subparagraph but otherwise meets the requirements shall be consid- 52 ered a "qualified medicare beneficiary". 53 (2) "Qualified individual" means a person who is entitled to hospital 54 insurance benefits under part A of title XVIII of the federal social 55 security act and whose income is greater than one hundred thirty-eight 56 percent, but less than or equal to one hundred eighty-six percent, ofS. 8006--C 263 A. 9006--C 1 the federal poverty line, for the applicable family size, and who is not 2 otherwise eligible for medical assistance under this article; referred 3 to as a qualified individual. 4 (3) "Qualified disabled and working individual" means an individual 5 who is not otherwise eligible for medical assistance and: 6 (i) who is entitled to enroll for hospital insurance benefits under 7 section 1818A of part A of title XVIII of the federal social security 8 act; 9 (ii) whose income does not exceed two hundred percent of the official 10 federal poverty line applicable to the person's family size; and 11 (iii) whose resources do not exceed twice the maximum amount of 12 resources that an individual or a couple, in the case of a married indi- 13 vidual, may have and obtain federal supplemental security income bene- 14 fits under title XVI of the federal social security act, as determined 15 for purposes of that program. 16 For purposes of this subparagraph, income and resources are determined 17 by the same methodology as is used for determining eligibility under the 18 federal supplemental security income benefits under title XVI of the 19 federal social security act. 20 (b) Payment of premiums for enrolling qualified disabled and working 21 individuals and qualified medicare beneficiaries under Part A of title 22 XVIII of the federal social security act and for enrolling such benefi- 23 ciaries and eligible recipients of public assistance under part B of 24 title XVIII of the federal social security act, together with the costs 25 of the applicable co-insurance and deductible amounts on behalf of such 26 beneficiaries, and recipients, and premiums under section 1839 of the 27 federal social security act [for persons who would be qualified medicare28beneficiaries except that their incomes exceed one hundred percent of29the federal income poverty line applicable to the person's family size30but, in calendar years nineteen hundred ninety-three and nineteen31hundred ninety-four, is less than one hundred ten percent of such pover-32ty line and, in calendar year beginning in nineteen hundred ninety-five,33is less than one hundred twenty percent of such poverty line] shall be 34 made and the cost thereof borne by the state or by the state and social 35 services districts, respectively, in accordance with the regulations of 36 the department, provided, however, that the share of the cost to be 37 borne by a social services district, if any, shall in no event exceed 38 the proportionate share borne by such district with respect to other 39 expenditures under this title. Moreover, if the director of the budget 40 approves, payment of premiums for enrolling persons who have been deter- 41 mined to be eligible for medical assistance only may be made and the 42 cost thereof borne or shared pursuant to this subdivision. 43 [(b) (1) For purposes of this subdivision, "qualified medicare benefi-44ciaries" are those persons who are entitled to hospital insurance bene-45fits under part A of title XVIII of the federal social security act,46whose income does not exceed one hundred percent of the official federal47poverty line applicable to the person's family size and whose resources48do not exceed twice the maximum amount of resources a person may have in49order to qualify for benefits under the federal supplemental security50income program of title XVI of the federal social security act, as51determined for purposes of such program.52(2) Notwithstanding any provision of subparagraph one of this para-53graph to the contrary, to the extent that federal financial partic-54ipation is available, a person whose resources are in excess of the55amount specified but otherwise meets the requirements of subparagraph56one of this paragraph shall be considered a "qualified medicare benefi-S. 8006--C 264 A. 9006--C 1ciary" for the purposes of this subdivision. The commissioner is author-2ized to submit amendments to the state plan for medical assistance3and/or submit one or more applications for waivers of the federal social4security act, to obtain the federal approvals necessary to implement5this subparagraph.6(c) (1) For purposes of this subdivision, "qualified disabled and7working individuals" are individuals who are not otherwise eligible for8medical assistance and:9(i) who are entitled to enroll for hospital insurance benefits under10section 1818A of part A of title XVIII of the federal social security11act;12(ii) whose income does not exceed two hundred percent of the official13federal poverty line applicable to the person's family size; and14(iii) whose resources do not exceed twice the maximum amount of15resources that an individual or a couple, in the case of a married indi-16vidual, may have and obtain federal supplemental security income bene-17fits under title XVI of the federal social security act, as determined18for purposes of that program.19(2) For purposes of this paragraph, income and resources are deter-20mined by the same methodology as is used for determining eligibility21under the federal supplemental security income benefits under title XVI22of the federal social security act.23(d)] (c) (1) Beginning April first, two thousand two and to the extent 24 that federal financial participation is available at a one hundred 25 percent federal Medical assistance percentage and subject to sections 26 1933 and 1902(a)(10)(E)(iv) of the federal social security act, medical 27 assistance shall be available for full payment of medicare part B premi- 28 ums for qualified individuals [(referred to as qualified individuals 1)29who are entitled to hospital insurance benefits under part A of title30XVIII of the federal social security act and whose income exceeds the31income level established by the state and is at least one hundred twenty32percent, but less than one hundred thirty-five percent, of the federal33poverty level, for a family of the size involved and who are not other-34wise eligible for medical assistance under the state plan;]. 35 (2) Premium payments for the individuals described in subparagraph one 36 of this paragraph will be one hundred percent federally funded up to the 37 amount of the federal allotment. The department shall discontinue 38 enrollment into the program when the part B premium payments made pursu- 39 ant to subparagraph one of this paragraph meet the yearly federal allot- 40 ment. 41 (3) The commissioner of health shall develop a simplified application 42 form, consistent with federal law, for payments pursuant to this 43 section. The commissioner of health, in cooperation with the office for 44 the aging, shall publicize the availability of such payments to medicare 45 beneficiaries. 46 [(e)] (d) (1) Payment of premiums for enrolling individuals in quali- 47 fied health plans offered through a health insurance exchange estab- 48 lished pursuant to the federal Patient Protection and Affordable Care 49 Act (P.L. 111-148), as amended by the federal Health Care and Education 50 Reconciliation Act of 2010 (P.L. 111-152), shall be available to indi- 51 viduals who: 52 (i) immediately prior to being enrolled in the qualified health plan, 53 were or would have been eligible under the family health plus program as 54 a parent or stepparent of a child under the age of twenty-one, and whose 55 MAGI household income, as defined in subparagraph eight of paragraph (a) 56 of subdivision one of section three hundred sixty-six of this title,S. 8006--C 265 A. 9006--C 1 exceeds one hundred thirty-three percent of the federal poverty line for 2 the applicable family size; 3 (ii) are not otherwise eligible for medical assistance under this 4 title; and 5 (iii) are enrolled in a standard health plan in the silver level, as 6 defined in 42 U.S.C. 18022. 7 (2) Payment pursuant to this paragraph shall be for premium obli- 8 gations of the individual under the qualified health plan and shall 9 continue only if and for so long as the individual's MAGI household 10 income exceeds one hundred thirty-three percent, but does not exceed one 11 hundred fifty percent, of the federal poverty line for the applicable 12 family size, or, if earlier, until the individual is eligible for 13 enrollment in a standard health plan pursuant to section three hundred 14 sixty-nine-gg of this article. 15 (3) The commissioner of health shall submit amendments to the state 16 plan for medical assistance and/or submit one or more applications for 17 waivers of the federal social security act as may be necessary to 18 receive federal financial participation in the costs of payments made 19 pursuant to this paragraph; provided further, however, that nothing in 20 this subparagraph shall be deemed to affect payments for premiums pursu- 21 ant to this paragraph if federal financial participation in the costs of 22 such payments is not available. 23 § 5. This act shall take effect January 1, 2023, subject to federal 24 financial participation for sections one, three, and four of this act; 25 provided, however that the commissioner of health shall notify the 26 legislative bill drafting commission upon the occurrence of federal 27 financial participation in order that the commission may maintain an 28 accurate and timely effective data base of the official text of the laws 29 of the state of New York in furtherance of effectuating the provisions 30 of section 44 of the legislative law and section 70-b of the public 31 officers law. 32 PART BBB 33 Section 1. Section 268-c of the public health law is amended by adding 34 a new subdivision 25 to read as follows: 35 25. The commissioner is authorized to submit the appropriate waiver 36 applications to the United States secretary of health and human services 37 and/or the department of the treasury to waive any applicable provisions 38 of the Patient Protection and Affordable Care Act, Pub. L. 111-148 as 39 amended, or successor provisions, as provided for by 42 U.S.C. 18052, 40 and any other waivers necessary to achieve the purposes of high quality, 41 affordable coverage through NY State of Health, the official health plan 42 marketplace. The commissioner shall implement the state plans of any 43 such waiver in a manner consistent with applicable state and federal 44 laws, as authorized by the secretary of health and human services and/or 45 the secretary of the treasury pursuant to 42 U.S.C. 18052. Copies of 46 such original waiver applications and amendments thereto shall be 47 provided to the chair of the senate finance committee, the chair of the 48 assembly ways and means committee and the chairs of the senate and 49 assembly health committees simultaneously with their submission to the 50 federal government. 51 § 2. Paragraph (d) of subdivision 3 of section 369-gg of the social 52 services law, as amended by section 2 of part H of chapter 57 of the 53 laws of 2021, is amended to read as follows:S. 8006--C 266 A. 9006--C 1 (d) (i) except as provided by subparagraph (ii) of this paragraph, has 2 household income at or below two hundred percent of the federal poverty 3 line defined and annually revised by the United States department of 4 health and human services for a household of the same size; and [(ii)] 5 has household income that exceeds one hundred thirty-three percent of 6 the federal poverty line defined and annually revised by the United 7 States department of health and human services for a household of the 8 same size; however, MAGI eligible aliens lawfully present in the United 9 States with household incomes at or below one hundred thirty-three 10 percent of the federal poverty line shall be eligible to receive cover- 11 age for health care services pursuant to the provisions of this title if 12 such alien would be ineligible for medical assistance under title eleven 13 of this article due to [his or her] their immigration status[.]; 14 (ii) subject to federal approval and the use of state funds, unless 15 the commissioner may use funds under subdivision seven of this section, 16 has household income at or below two hundred fifty percent of the feder- 17 al poverty line defined and annually revised by the United States 18 department of health and human services for a household of the same 19 size; and has household income that exceeds one hundred thirty-three 20 percent of the federal poverty line defined and annually revised by the 21 United States department of health and human services for a household of 22 the same size; however, MAGI eligible aliens lawfully present in the 23 United States with household incomes at or below one hundred thirty- 24 three percent of the federal poverty line shall be eligible to receive 25 coverage for health care services pursuant to the provisions of this 26 title if such alien would be ineligible for medical assistance under 27 title eleven of this article due to their immigration status; 28 (iii) subject to federal approval if required and the use of state 29 funds, unless the commissioner may use funds under subdivision seven of 30 this section, a pregnant individual who is eligible for and receiving 31 coverage for health care services pursuant to this title is eligible to 32 continue to receive health care services pursuant to this title during 33 the pregnancy and for a period of one year following the end of the 34 pregnancy without regard to any change in the income of the household 35 that includes the pregnant individual, even if such change would render 36 the pregnant individual ineligible to receive health care services 37 pursuant to this title; 38 (iv) subject to federal approval, a child born to an individual eligi- 39 ble for and receiving coverage for health care services pursuant to this 40 title who would be eligible for coverage pursuant to subparagraphs (2) 41 or (4) of paragraph (b) of subdivision 1 of section three hundred and 42 sixty-six of the social services law shall be deemed to have applied for 43 medical assistance and to have been found eligible for such assistance 44 on the date of such birth and to remain eligible for such assistance for 45 a period of one year. 46 An applicant who fails to make an applicable premium payment, if any, 47 shall lose eligibility to receive coverage for health care services in 48 accordance with time frames and procedures determined by the commission- 49 er. 50 § 3. Paragraph (d) of subdivision 3 of section 369-gg of the social 51 services law, as added by section 51 of part C of chapter 60 of the laws 52 of 2014, is amended to read as follows: 53 (d) (i) except as provided by subparagraph (ii) of this paragraph, has 54 household income at or below two hundred percent of the federal poverty 55 line defined and annually revised by the United States department of 56 health and human services for a household of the same size; and [(ii)]S. 8006--C 267 A. 9006--C 1 has household income that exceeds one hundred thirty-three percent of 2 the federal poverty line defined and annually revised by the United 3 States department of health and human services for a household of the 4 same size; however, MAGI eligible aliens lawfully present in the United 5 States with household incomes at or below one hundred thirty-three 6 percent of the federal poverty line shall be eligible to receive cover- 7 age for health care services pursuant to the provisions of this title if 8 such alien would be ineligible for medical assistance under title eleven 9 of this article due to [his or her] their immigration status[.]; 10 (ii) subject to federal approval and the use of state funds, unless 11 the commissioner may use funds under subdivision seven of this section, 12 has household income at or below two hundred fifty percent of the feder- 13 al poverty line defined and annually revised by the United States 14 department of health and human services for a household of the same 15 size; and has household income that exceeds one hundred thirty-three 16 percent of the federal poverty line defined and annually revised by the 17 United States department of health and human services for a household of 18 the same size; however, MAGI eligible aliens lawfully present in the 19 United States with household incomes at or below one hundred thirty- 20 three percent of the federal poverty line shall be eligible to receive 21 coverage for health care services pursuant to the provisions of this 22 title if such alien would be ineligible for medical assistance under 23 title eleven of this article due to their immigration status; 24 (iii) subject to federal approval if required and the use of state 25 funds, unless the commissioner may use funds under subdivision seven of 26 this section, a pregnant individual who is eligible for and receiving 27 coverage for health care services pursuant to this title is eligible to 28 continue to receive health care services pursuant to this title during 29 the pregnancy and for a period of one year following the end of the 30 pregnancy without regard to any change in the income of the household 31 that includes the pregnant individual, even if such change would render 32 the pregnant individual ineligible to receive health care services 33 pursuant to this title; 34 (iv) subject to federal approval, a child born to an individual eligi- 35 ble for and receiving coverage for health care services pursuant to this 36 title who would be eligible for coverage pursuant to subparagraphs (2) 37 or (4) of paragraph (b) of subdivision 1 of section three hundred and 38 sixty-six of the social services law shall be deemed to have applied for 39 medical assistance and to have been found eligible for such assistance 40 on the date of such birth and to remain eligible for such assistance for 41 a period of one year. 42 An applicant who fails to make an applicable premium payment shall 43 lose eligibility to receive coverage for health care services in accord- 44 ance with time frames and procedures determined by the commissioner. 45 § 4. Paragraph (c) of subdivision 1 of section 369-gg of the social 46 services law, as amended by section 2 of part H of chapter 57 of the 47 laws of 2021, is amended to read as follows: 48 (c) "Health care services" means (i) the services and supplies as 49 defined by the commissioner in consultation with the superintendent of 50 financial services, and shall be consistent with and subject to the 51 essential health benefits as defined by the commissioner in accordance 52 with the provisions of the patient protection and affordable care act 53 (P.L. 111-148) and consistent with the benefits provided by the refer- 54 ence plan selected by the commissioner for the purposes of defining such 55 benefits, [and] (ii) dental and vision services as defined by the 56 commissioner, and (iii) as defined by the commissioner and subject toS. 8006--C 268 A. 9006--C 1 federal approval, certain services and supports provided to enrollees 2 eligible pursuant to subparagraph one of paragraph (g) of subdivision 3 one of section three hundred sixty-six of this article who have func- 4 tional limitations and/or chronic illnesses that have the primary 5 purpose of supporting the ability of the enrollee to live or work in the 6 setting of their choice, which may include the individual's home, a 7 worksite, or a provider-owned or controlled residential setting; 8 § 5. Paragraph (c) of subdivision 1 of section 369-gg of the social 9 services law, as added by section 51 of part C of chapter 60 of the laws 10 of 2014, is amended to read as follows: 11 (c) "Health care services" means (i) the services and supplies as 12 defined by the commissioner in consultation with the superintendent of 13 financial services, and shall be consistent with and subject to the 14 essential health benefits as defined by the commissioner in accordance 15 with the provisions of the patient protection and affordable care act 16 (P.L. 111-148) and consistent with the benefits provided by the refer- 17 ence plan selected by the commissioner for the purposes of defining such 18 benefits, and (ii) as defined by the commissioner and subject to federal 19 approval, certain services and supports provided to enrollees eligible 20 pursuant to subparagraph one of paragraph (g) of subdivision one of 21 section three hundred sixty-six of this article who have functional 22 limitations and/or chronic illnesses that have the primary purpose of 23 supporting the ability of the enrollee to live or work in the setting of 24 their choice, which may include the individual's home, a worksite, or a 25 provider-owned or controlled residential setting; 26 § 6. Paragraph (c) of subdivision 1 of section 369-gg of the social 27 services law, as amended by section 2 of part H of chapter 57 of the 28 laws of 2021, is amended to read as follows: 29 (c) "Health care services" means (i) the services and supplies as 30 defined by the commissioner in consultation with the superintendent of 31 financial services, and shall be consistent with and subject to the 32 essential health benefits as defined by the commissioner in accordance 33 with the provisions of the patient protection and affordable care act 34 (P.L. 111-148) and consistent with the benefits provided by the refer- 35 ence plan selected by the commissioner for the purposes of defining such 36 benefits, [and] (ii) dental and vision services as defined by the 37 commissioner, and (iii) as defined by the commissioner and subject to 38 federal approval, certain services and supports provided to enrollees 39 who have functional limitations and/or chronic illnesses that have the 40 primary purpose of supporting the ability of the enrollee to live or 41 work in the setting of their choice, which may include the individual's 42 home, a worksite, or a provider-owned or controlled residential setting; 43 § 7. Paragraph (c) of subdivision 1 of section 369-gg of the social 44 services law, as added by section 51 of part C of chapter 60 of the laws 45 of 2014, is amended to read as follows: 46 (c) "Health care services" means (i) the services and supplies as 47 defined by the commissioner in consultation with the superintendent of 48 financial services, and shall be consistent with and subject to the 49 essential health benefits as defined by the commissioner in accordance 50 with the provisions of the patient protection and affordable care act 51 (P.L. 111-148) and consistent with the benefits provided by the refer- 52 ence plan selected by the commissioner for the purposes of defining such 53 benefits, and (ii) as defined by the commissioner and subject to federal 54 approval, certain services and supports provided to enrollees who have 55 functional limitations and/or chronic illnesses that have the primary 56 purpose of supporting the ability of the enrollee to live or work in theS. 8006--C 269 A. 9006--C 1 setting of their choice, which may include the individual's home, a 2 worksite, or a provider-owned or controlled residential setting; 3 § 7-a. Paragraph (b) of subdivision 5 of section 369-gg of the social 4 services law, as amended by section 2 of part H of chapter 57 of the 5 laws of 2021, is amended to read as follows: 6 (b) The commissioner shall establish cost sharing obligations for 7 enrollees, subject to federal approval. There shall be no cost-sharing 8 obligations for enrollees for dental and vision services as defined in 9 subparagraph (ii) of paragraph (c) of subdivision one of this section; 10 services and supports as defined in subparagraph (iii) of paragraph (c) 11 of subdivision one of this section; and health care services authorized 12 under subparagraphs (iii) and (iv) of paragraph (d) of subdivision three 13 of this section. 14 § 7-b. Paragraph (b) of subdivision 5 of section 369-gg of the social 15 services law, as added by section 51 of part C of chapter 60 of the laws 16 of 2014, is amended to read as follows: 17 (b) The commissioner shall establish cost sharing obligations for 18 enrollees, subject to federal approval. There shall be no cost-sharing 19 obligations for services and supports as defined in subparagraph (iii) 20 of paragraph (c) of subdivision one of this section; and health care 21 services authorized under subparagraphs (iii) and (iv) of paragraph (d) 22 of subdivision three of this section. 23 § 8. This act shall take effect immediately and shall be deemed to 24 have been in full force and effect on and after April 1, 2022, provided 25 however: 26 (a) the amendments to paragraph (d) of subdivision 3 of section 369-gg 27 of the social services law made by section two of this act shall be 28 subject to the expiration and reversion of such paragraph pursuant to 29 section 3 of part H of chapter 57 of the laws of 2021 as amended, when 30 upon such date the provisions of section three of this act shall take 31 effect; 32 (b) section four of this act shall expire and be deemed repealed 33 December 31, 2024; provided, however, the amendments to paragraph (c) of 34 subdivision 1 of section 369-gg of the social services law made by such 35 section of this act shall be subject to the expiration and reversion of 36 such paragraph pursuant to section 2 of part H of chapter 57 of the laws 37 of 2021 when upon such date, the provisions of section five of this act 38 shall take effect; provided, however, the amendments to such paragraph 39 made by section five of this act shall expire and be deemed repealed 40 December 31, 2024; 41 (c) section six of this act shall take effect January 1, 2025; 42 provided, however, the amendments to paragraph (c) of subdivision 1 of 43 section 369-gg of the social services law made by such section of this 44 act shall be subject to the expiration and reversion of such paragraph 45 pursuant to section 2 of part H of chapter 57 of the laws of 2021 when 46 upon such date, the provisions of section seven of this act shall take 47 effect; and 48 (d) the amendments to paragraph (b) of subdivision 5 of section 369-gg 49 of the social services law made by section seven-a of this act shall be 50 subject to the expiration and reversion of such paragraph pursuant to 51 section 3 of part H of chapter 57 of the laws of 2021 as amended, when 52 upon such date the provisions of section seven-b of this act shall take 53 effect. 54 PART CCCS. 8006--C 270 A. 9006--C 1 Section 1. Subdivision 2 of section 365-a of the social services law 2 is amended by adding a new paragraph (jj) to read as follows: 3 (jj) pre-natal and post-partum care and services for the purpose of 4 improving maternal health outcomes and reduction of maternal mortality 5 when such services are recommended by a physician or other health care 6 practitioner authorized under title eight of the education law, and 7 provided by qualified practitioners. Such services shall include but 8 not be limited to nutrition services provided by certified dietitians 9 and certified nutritionists; care coordination, case management, and 10 peer support; patient navigation services; services by licensed clinical 11 social workers; dyadic services; Bluetooth-enabled devices for remote 12 patient monitoring; and other services determined by the commissioner of 13 health; provided, however, that the provisions of this paragraph shall 14 not take effect unless there is federal financial participation. Noth- 15 ing in this paragraph shall be construed to modify any licensure, 16 certification or scope of practice provision under title eight of the 17 education law. 18 § 2. Subparagraph 3 of paragraph (d) of subdivision 1 of section 366 19 of the social services law, as added by section 1 of part D of chapter 20 56 of the laws of 2013, is amended to read as follows: 21 (3) cooperates with the appropriate social services official or the 22 department in establishing paternity or in establishing, modifying, or 23 enforcing a support order with respect to his or her child; provided, 24 however, that nothing herein contained shall be construed to require a 25 payment under this title for care or services, the cost of which may be 26 met in whole or in part by a third party; notwithstanding the foregoing, 27 a social services official shall not require such cooperation if the 28 social services official or the department determines that such actions 29 would be detrimental to the best interest of the child, applicant, or 30 recipient, or with respect to pregnant women during pregnancy and during 31 the [sixty-day] one year period beginning on the last day of pregnancy, 32 in accordance with procedures and criteria established by regulations of 33 the department consistent with federal law; and 34 § 3. Subparagraph 1 of paragraph (b) of subdivision 4 of section 366 35 of the social services law, as added by section 2 of part D of chapter 36 56 of the laws of 2013, is amended to read as follows: 37 (1) A pregnant woman eligible for medical assistance under subpara- 38 graph two or four of paragraph (b) of subdivision one of this section on 39 any day of her pregnancy will continue to be eligible for such care and 40 services [through the end of the month in which the sixtieth day follow-41ing the end of the pregnancy occurs,] for a period of one year beginning 42 on the last day of pregnancy, without regard to any change in the income 43 of the family that includes the pregnant woman, even if such change 44 otherwise would have rendered her ineligible for medical assistance. 45 § 4. Section 369-hh of the social services law is REPEALED. 46 § 5. This act shall take effect immediately and shall be deemed to 47 have been in full force and effect on and after April 1, 2022; provided, 48 however, that sections two, three and four of this act shall take effect 49 March 1, 2023. 50 PART DDD 51 Section 1. Subdivision 7 of section 2510 of the public health law, as 52 amended by chapter 436 of the laws of 2021, is amended to read as 53 follows:S. 8006--C 271 A. 9006--C 1 7. "Covered health care services" means: the services of physicians, 2 optometrists, nurses, nurse practitioners, midwives and other related 3 professional personnel which are provided on an outpatient basis, 4 including routine well-child visits; diagnosis and treatment of illness 5 and injury; inpatient health care services; laboratory tests; diagnostic 6 x-rays; prescription and non-prescription drugs, ostomy and other 7 medical supplies and durable medical equipment; radiation therapy; 8 chemotherapy; hemodialysis; outpatient blood clotting factor products 9 and other treatments and services furnished in connection with the care 10 of hemophilia and other blood clotting protein deficiencies; emergency 11 room services; ambulance services; hospice services; emergency, preven- 12 tive and routine dental care, including [medically necessary] orthodon- 13 tia but excluding cosmetic surgery; emergency, preventive and routine 14 vision care, including eyeglasses; speech and hearing services; [and,] 15 inpatient and outpatient mental health, alcohol and substance abuse 16 services, including children and family treatment and support services, 17 children's home and community based services, assertive community treat- 18 ment services and residential rehabilitation for youth services which 19 shall be reimbursed in accordance with the ambulatory patient group 20 (APG) rate-setting methodology as utilized by the department of health, 21 the office of addiction services and supports, or the office of mental 22 health for rate-setting purposes or any such other fees established 23 pursuant to article forty-three of the mental hygiene law; and health- 24 related services provided by voluntary foster care agency health facili- 25 ties licensed pursuant to article twenty-nine-I of this chapter; as 26 defined by the commissioner [in consultation with the superintendent]. 27 "Covered health care services" shall not include drugs, procedures and 28 supplies for the treatment of erectile dysfunction when provided to, or 29 prescribed for use by, a person who is required to register as a sex 30 offender pursuant to article six-C of the correction law, provided that 31 any denial of coverage of such drugs, procedures or supplies shall 32 provide the patient with the means of obtaining additional information 33 concerning both the denial and the means of challenging such denial. 34 § 2. Subdivision 9 of section 2510 of the public health law is amended 35 by adding a new paragraph (e) to read as follows: 36 (e) for periods on or after October first, two thousand twenty-two, 37 amounts as follows: 38 (i) no payments are required for eligible children whose family house- 39 hold income is less than two hundred twenty-three percent of the non- 40 farm federal poverty level and for eligible children who are American 41 Indians or Alaskan Natives, as defined by the United States department 42 of health and human services, whose family household income is less than 43 two hundred fifty-one percent of the non-farm federal poverty level; and 44 (ii) fifteen dollars per month for each eligible child whose family 45 household income is between two hundred twenty-three percent and two 46 hundred fifty percent of the non-farm federal poverty level, but no more 47 than forty-five dollars per month per family; and 48 (iii) thirty dollars per month for each eligible child whose family 49 household income is between two hundred fifty-one percent and three 50 hundred percent of the non-farm federal poverty level, but no more than 51 ninety dollars per month per family; and 52 (iv) forty-five dollars per month for each eligible child whose family 53 household income is between three hundred one percent and three hundred 54 fifty percent of the non-farm federal poverty level, but no more than 55 one hundred thirty-five dollars per month per family; andS. 8006--C 272 A. 9006--C 1 (v) sixty dollars per month for each eligible child whose family 2 household income is between three hundred fifty-one percent and four 3 hundred percent of the non-farm federal poverty level, but no more than 4 one hundred eighty dollars per month per family. 5 § 3. Subdivision 8 of section 2511 of the public health law is amended 6 by adding a new paragraph (i) to read as follows: 7 (i) Notwithstanding any inconsistent provision of this title, arti- 8 cles thirty-two and forty-three of the insurance law and subsection (e) 9 of section eleven hundred twenty of the insurance law: 10 (i) The commissioner shall, subject to approval of the director of the 11 division of the budget, develop reimbursement methodologies for deter- 12 mining the amount of subsidy payments made to approved organizations for 13 the cost of covered health care services coverage provided pursuant to 14 this title for payments made on and after January first, two thousand 15 twenty-four. 16 (ii) Effective January first, two thousand twenty-three, the commis- 17 sioner shall coordinate with the superintendent of financial services 18 for the transition of the subsidy payment rate setting function to the 19 department and, in conjunction with its independent actuary, review 20 reimbursement methodologies developed in accordance with subparagraph 21 (i) of this paragraph. Notwithstanding section one hundred sixty-three 22 of the state finance law, the commissioner may select and contract with 23 the independent actuary selected pursuant to subdivision eighteen of 24 section three hundred sixty-four-j of the social services law, without a 25 competitive bid or request for proposal process. Such independent actu- 26 ary shall review and make recommendations concerning appropriate actuar- 27 ial assumptions relevant to the establishment of reimbursement methodol- 28 ogies, including but not limited to the adequacy of subsidy payment 29 amounts in relation to the population to be served adjusted for case 30 mix, the scope of services approved organizations must provide, the 31 utilization of such services and the network of providers required to 32 meet state standards. 33 § 4. Paragraph (b) of subdivision 7 of section 2511 of the public 34 health law, as amended by chapter 923 of the laws of 1990, is amended to 35 read as follows: 36 (b) The commissioner, in consultation with the superintendent, shall 37 make a determination whether to approve, disapprove or recommend modifi- 38 cation of the proposal. In order for a proposal to be approved by the 39 commissioner, the proposal must also be approved by the superintendent 40 with respect to the provisions of subparagraphs [(viii) through] (ix) 41 and (xii) of paragraph (a) of this subdivision. 42 § 5. Section 2511 of the public health law is amended by adding a new 43 subdivision 22 to read as follows: 44 22. Notwithstanding the provisions of this title and effective on and 45 after January first, two thousand twenty-three, the consultative, 46 review, and approval functions of the superintendent of financial 47 services related to administration of the child health insurance plan 48 are no longer applicable and references to those functions in this title 49 shall be null and void. The child health insurance plan set forth in 50 this title shall be administered solely by the commissioner. All child 51 health insurance plan policies reviewed and approved by the superinten- 52 dent of financial services in accordance with section eleven hundred 53 twenty of the insurance law shall remain in effect until the commission- 54 er establishes a process to review and approve member handbooks in 55 accordance with the requirements of Title XXI of the federal social 56 security act and implementing regulations, and such member handbooks areS. 8006--C 273 A. 9006--C 1 issued by approved organizations to enrollees in place of child health 2 insurance plan policies which were subject to review under section elev- 3 en hundred twenty of the insurance law. 4 § 6. Subdivision 6 of section 2510 of the public health law is amended 5 by adding a new paragraph (d) to read as follows: 6 (d) effective on or after March first, two thousand twenty-three 7 through March thirty-first, two thousand twenty-seven, subject to exten- 8 sion under Title XXI of the federal social security act, the period of 9 eligibility for pregnant individuals enrolled in the child health insur- 10 ance plan shall include twelve months postpartum coverage commencing on 11 the first day of the month following the last day of pregnancy and 12 ending on the last day of the month in which the twelve-month postpartum 13 period ends; provided, however, such postpartum coverage may end prior 14 to the end of the twelve-month period only under the following circum- 15 stances: (i) the individual requests voluntary termination; (ii) the 16 individual ceases to be a state resident; (iii) eligibility was deter- 17 mined incorrectly because of error, fraud, abuse, or perjury attributed 18 to the individual; or (iv) the individual dies. 19 § 7. This act shall take effect immediately and shall be deemed to 20 have been in full force and effect on and after April 1, 2022; provided, 21 however, that sections one, three and four of this act shall take effect 22 January 1, 2023. 23 PART EEE 24 Section 1. Section 3 of part E of chapter 55 of the laws of 2020, 25 amending the state finance law relating to establishing the criminal 26 justice discovery compensation fund; amending the criminal procedure law 27 relating to monies recovered by county district attorneys before the 28 filing of an accusatory instrument; and providing for the repeal of 29 certain provisions upon expiration thereof, is amended to read as 30 follows: 31 § 3. This act shall take effect immediately; provided, however, that 32 subdivision 2 of section 99-hh of the state finance law, as added by 33 section one of this act, shall expire and be deemed repealed March 31, 34 [2022] 2024, and provided, further that the amendments to section 95.00 35 of the criminal procedure law made by section two of this act shall not 36 affect the repeal of such section and shall be deemed repealed there- 37 with. 38 § 1-a. Subdivision 5 of section 216 of the judiciary law, as added by 39 section 4 of part HHH of chapter 56 of the laws of 2020, is renumbered 40 subdivision 6 and is amended to read as follows: 41 6. The chief administrator of the courts, in conjunction with the 42 division of criminal justice services, shall collect data and report 43 annually regarding the impact of article two hundred forty-five of the 44 criminal procedure law. Such data and report shall contain information 45 regarding the implementation of article two hundred forty-five of the 46 criminal procedure law, including procedures used to implement the arti- 47 cle, resources needed for implementation, monies received pursuant to 48 section ninety-nine-hh of the state finance law, including the amount of 49 money utilized for the services and expenses eligible pursuant to subdi- 50 vision three of such section, information regarding cases where discov- 51 ery obligations are not met, and information regarding case outcomes. 52 The report shall be released publicly and published on the websites of 53 the office of court administration and the division of criminal justice 54 services. The first report shall be published eighteen months after theS. 8006--C 274 A. 9006--C 1 effective date of this section, and shall include data from the first 2 twelve months following the enactment of this section. Reports for 3 subsequent years shall be published annually thereafter. 4 § 1-b. Subdivision 3 of section 99-hh of the state finance law, as 5 added by section 1 of part E of chapter 55 of the laws of 2020, is 6 amended to read as follows: 7 3. (a) Monies of the criminal justice discovery compensation fund, 8 following appropriation by the legislature and allocation by the direc- 9 tor of the budget, shall be made available for local assistance services 10 and expenses related to discovery reform implementation, including but 11 not limited to, digital evidence transmission technology, administrative 12 support, computers, hardware and operating software, data connectivity, 13 development of training materials, staff training, overtime costs, liti- 14 gation readiness, and pretrial services. Eligible entities shall 15 include, but not be limited to counties, cities with populations less 16 than one million, and law enforcement and prosecutorial entities within 17 towns and villages. 18 (b) The director of the budget shall provide the amount of the monies 19 allocated pursuant to this section to the chief administrator of the 20 courts and the division of criminal justice services for the purpose of 21 completing the report required pursuant to subdivision six of section 22 two hundred sixteen of the judiciary law. 23 § 2. This act shall take effect immediately and shall be deemed to 24 have been in full force and effect on and after March 31, 2022. 25 PART FFF 26 Section 1. The state comptroller is hereby authorized and directed to 27 loan money in accordance with the provisions set forth in subdivision 5 28 of section 4 of the state finance law to the following funds and/or 29 accounts: 30 1. DOL-Child performer protection account (20401). 31 2. Local government records management account (20501). 32 3. Child health plus program account (20810). 33 4. EPIC premium account (20818). 34 5. Education - New (20901). 35 6. VLT - Sound basic education fund (20904). 36 7. Sewage treatment program management and administration fund 37 (21000). 38 8. Hazardous bulk storage account (21061). 39 9. Utility environmental regulatory account (21064). 40 10. Federal grants indirect cost recovery account (21065). 41 11. Low level radioactive waste account (21066). 42 12. Recreation account (21067). 43 13. Public safety recovery account (21077). 44 14. Environmental regulatory account (21081). 45 15. Natural resource account (21082). 46 16. Mined land reclamation program account (21084). 47 17. Great lakes restoration initiative account (21087). 48 18. Environmental protection and oil spill compensation fund (21200). 49 19. Public transportation systems account (21401). 50 20. Metropolitan mass transportation (21402). 51 21. Operating permit program account (21451). 52 22. Mobile source account (21452). 53 23. Statewide planning and research cooperative system account 54 (21902).S. 8006--C 275 A. 9006--C 1 24. New York state thruway authority account (21905). 2 25. Mental hygiene program fund account (21907). 3 26. Mental hygiene patient income account (21909). 4 27. Financial control board account (21911). 5 28. Regulation of racing account (21912). 6 29. State university dormitory income reimbursable account (21937). 7 30. Criminal justice improvement account (21945). 8 31. Environmental laboratory reference fee account (21959). 9 32. Training, management and evaluation account (21961). 10 33. Clinical laboratory reference system assessment account (21962). 11 34. Indirect cost recovery account (21978). 12 35. Multi-agency training account (21989). 13 36. Bell jar collection account (22003). 14 37. Industry and utility service account (22004). 15 38. Real property disposition account (22006). 16 39. Parking account (22007). 17 40. Courts special grants (22008). 18 41. Asbestos safety training program account (22009). 19 42. Camp Smith billeting account (22017). 20 43. Batavia school for the blind account (22032). 21 44. Investment services account (22034). 22 45. Surplus property account (22036). 23 46. Financial oversight account (22039). 24 47. Regulation of Indian gaming account (22046). 25 48. Rome school for the deaf account (22053). 26 49. Seized assets account (22054). 27 50. Administrative adjudication account (22055). 28 51. New York City assessment account (22062). 29 52. Cultural education account (22063). 30 53. Local services account (22078). 31 54. DHCR mortgage servicing account (22085). 32 55. Housing indirect cost recovery account (22090). 33 56. DHCR-HCA application fee account (22100). 34 57. Low income housing monitoring account (22130). 35 58. Corporation administration account (22135). 36 59. New York State Home for Veterans in the Lower-Hudson Valley 37 account (22144). 38 60. Deferred compensation administration account (22151). 39 61. Rent revenue other New York City account (22156). 40 62. Rent revenue account (22158). 41 63. Transportation aviation account (22165). 42 64. Tax revenue arrearage account (22168). 43 65. New York state medical indemnity fund account (22240). 44 66. Behavioral health parity compliance fund (22246). 45 67. State university general income offset account (22654). 46 68. Lake George park trust fund account (22751). 47 69. State police motor vehicle law enforcement account (22802). 48 70. Highway safety program account (23001). 49 71. DOH drinking water program account (23102). 50 72. NYCCC operating offset account (23151). 51 73. Commercial gaming regulation account (23702). 52 74. Highway use tax administration account (23801). 53 75. New York state secure choice administrative account (23806). 54 76. New York state cannabis revenue fund (24800). 55 77. Fantasy sports administration account (24951). 56 78. Highway and bridge capital account (30051).S. 8006--C 276 A. 9006--C 1 79. Aviation purpose account (30053). 2 80. State university residence hall rehabilitation fund (30100). 3 81. State parks infrastructure account (30351). 4 82. Clean water/clean air implementation fund (30500). 5 83. Hazardous waste remedial cleanup account (31506). 6 84. Youth facilities improvement account (31701). 7 85. Housing assistance fund (31800). 8 86. Housing program fund (31850). 9 87. Highway facility purpose account (31951). 10 88. New York racing account (32213). 11 89. Capital miscellaneous gifts account (32214). 12 90. Information technology capital financing account (32215). 13 91. New York environmental protection and spill remediation account 14 (32219). 15 92. Mental hygiene facilities capital improvement fund (32300). 16 93. Correctional facilities capital improvement fund (32350). 17 94. New York State Storm Recovery Capital Fund (33000). 18 95. OGS convention center account (50318). 19 96. Empire Plaza Gift Shop (50327). 20 97. Centralized services fund (55000). 21 98. Archives records management account (55052). 22 99. Federal single audit account (55053). 23 100. Civil service administration account (55055). 24 101. Civil service EHS occupational health program account (55056). 25 102. Banking services account (55057). 26 103. Cultural resources survey account (55058). 27 104. Neighborhood work project account (55059). 28 105. Automation & printing chargeback account (55060). 29 106. OFT NYT account (55061). 30 107. Data center account (55062). 31 108. Intrusion detection account (55066). 32 109. Domestic violence grant account (55067). 33 110. Centralized technology services account (55069). 34 111. Labor contact center account (55071). 35 112. Human services contact center account (55072). 36 113. Tax contact center account (55073). 37 114. Department of law civil recoveries account (55074). 38 115. Executive direction internal audit account (55251). 39 116. CIO Information technology centralized services account (55252). 40 117. Health insurance internal service account (55300). 41 118. Civil service employee benefits division administrative account 42 (55301). 43 119. Correctional industries revolving fund (55350). 44 120. Employees health insurance account (60201). 45 121. Medicaid management information system escrow fund (60900). 46 § 1-a. The state comptroller is hereby authorized and directed to loan 47 money in accordance with the provisions set forth in subdivision 5 of 48 section 4 of the state finance law to any account within the following 49 federal funds, provided the comptroller has made a determination that 50 sufficient federal grant award authority is available to reimburse such 51 loans: 52 1. Federal USDA-food and nutrition services fund (25000). 53 2. Federal health and human services fund (25100). 54 3. Federal education fund (25200). 55 4. Federal block grant fund (25250). 56 5. Federal miscellaneous operating grants fund (25300).S. 8006--C 277 A. 9006--C 1 6. Federal unemployment insurance administration fund (25900). 2 7. Federal unemployment insurance occupational training fund (25950). 3 8. Federal emergency employment act fund (26000). 4 9. Federal capital projects fund (31350). 5 § 2. Notwithstanding any law to the contrary, and in accordance with 6 section 4 of the state finance law, the comptroller is hereby authorized 7 and directed to transfer, upon request of the director of the budget, on 8 or before March 31, 2023, up to the unencumbered balance or the follow- 9 ing amounts: 10 Economic Development and Public Authorities: 11 1. $1,175,000 from the miscellaneous special revenue fund, underground 12 facilities safety training account (22172), to the general fund. 13 2. An amount up to the unencumbered balance from the miscellaneous 14 special revenue fund, business and licensing services account (21977), 15 to the general fund. 16 3. $14,810,000 from the miscellaneous special revenue fund, code 17 enforcement account (21904), to the general fund. 18 4. $3,000,000 from the general fund to the miscellaneous special 19 revenue fund, tax revenue arrearage account (22168). 20 Education: 21 1. $2,653,000,000 from the general fund to the state lottery fund, 22 education account (20901), as reimbursement for disbursements made from 23 such fund for supplemental aid to education pursuant to section 92-c of 24 the state finance law that are in excess of the amounts deposited in 25 such fund for such purposes pursuant to section 1612 of the tax law. 26 2. $1,237,000,000 from the general fund to the state lottery fund, VLT 27 education account (20904), as reimbursement for disbursements made from 28 such fund for supplemental aid to education pursuant to section 92-c of 29 the state finance law that are in excess of the amounts deposited in 30 such fund for such purposes pursuant to section 1612 of the tax law. 31 3. $140,800,000 from the general fund to the New York state commercial 32 gaming fund, commercial gaming revenue account (23701), as reimbursement 33 for disbursements made from such fund for supplemental aid to education 34 pursuant to section 97-nnnn of the state finance law that are in excess 35 of the amounts deposited in such fund for purposes pursuant to section 36 1352 of the racing, pari-mutuel wagering and breeding law. 37 4. $614,580,000 from the general fund to the mobile sports wagering 38 fund, education account (24955), as reimbursement for disbursements made 39 from such fund for supplemental aid to education pursuant to section 40 92-c of the state finance law that are in excess of the amounts deposit- 41 ed in such fund for such purposes pursuant to section 1367 of the 42 racing, pari-mutuel wagering and breeding law. 43 5. $7,000,000 from the interactive fantasy sports fund, fantasy sports 44 education account (24950), to the state lottery fund, education account 45 (20901), as reimbursement for disbursements made from such fund for 46 supplemental aid to education pursuant to section 92-c of the state 47 finance law. 48 6. An amount up to the unencumbered balance in the fund on March 31, 49 2023 from the charitable gifts trust fund, elementary and secondary 50 education account (24901), to the general fund, for payment of general 51 support for public schools pursuant to section 3609-a of the education 52 law. 53 7. Moneys from the state lottery fund (20900) up to an amount deposit- 54 ed in such fund pursuant to section 1612 of the tax law in excess of the 55 current year appropriation for supplemental aid to education pursuant to 56 section 92-c of the state finance law.S. 8006--C 278 A. 9006--C 1 8. $300,000 from the New York state local government records manage- 2 ment improvement fund, local government records management account 3 (20501), to the New York state archives partnership trust fund, archives 4 partnership trust maintenance account (20351). 5 9. $900,000 from the general fund to the miscellaneous special revenue 6 fund, Batavia school for the blind account (22032). 7 10. $900,000 from the general fund to the miscellaneous special reven- 8 ue fund, Rome school for the deaf account (22053). 9 11. $343,400,000 from the state university dormitory income fund 10 (40350) to the miscellaneous special revenue fund, state university 11 dormitory income reimbursable account (21937). 12 12. $8,318,000 from the general fund to the state university income 13 fund, state university income offset account (22654), for the state's 14 share of repayment of the STIP loan. 15 13. $47,000,000 from the state university income fund, state universi- 16 ty hospitals income reimbursable account (22656) to the general fund for 17 hospital debt service for the period April 1, 2022 through March 31, 18 2023. 19 14. $7,790,000 from the miscellaneous special revenue fund, office of 20 the professions account (22051), to the miscellaneous capital projects 21 fund, office of the professions electronic licensing account (32222). 22 15. $24,000,000 from any of the state education department's special 23 revenue and internal service funds to the miscellaneous special revenue 24 fund, indirect cost recovery account (21978). 25 16. $4,200,000 from any of the state education department's special 26 revenue or internal service funds to the capital projects fund (30000). 27 Environmental Affairs: 28 1. $16,000,000 from any of the department of environmental conserva- 29 tion's special revenue federal funds, and/or federal capital funds, to 30 the environmental conservation special revenue fund, federal indirect 31 recovery account (21065). 32 2. $5,000,000 from any of the department of environmental conserva- 33 tion's special revenue federal funds, and/or federal capital funds, to 34 the conservation fund (21150) or Marine Resources Account (21151) as 35 necessary to avoid diversion of conservation funds. 36 3. $3,000,000 from any of the office of parks, recreation and historic 37 preservation capital projects federal funds and special revenue federal 38 funds to the miscellaneous special revenue fund, federal grant indirect 39 cost recovery account (22188). 40 4. $1,000,000 from any of the office of parks, recreation and historic 41 preservation special revenue federal funds to the miscellaneous capital 42 projects fund, I love NY water account (32212). 43 5. $100,000,000 from the general fund to the environmental protection 44 fund, environmental protection fund transfer account (30451). 45 6. $6,000,000 from the general fund to the hazardous waste remedial 46 fund, hazardous waste oversight and assistance account (31505). 47 7. An amount up to or equal to the cash balance within the special 48 revenue-other waste management & cleanup account (21053) to the capital 49 projects fund (30000) for services and capital expenses related to the 50 management and cleanup program as put forth in section 27-1915 of the 51 environmental conservation law. 52 8. $1,800,000 from the miscellaneous special revenue fund, public 53 service account (22011) to the miscellaneous special revenue fund, util- 54 ity environmental regulatory account (21064). 55 9. $7,000,000 from the general fund to the enterprise fund, state fair 56 account (50051).S. 8006--C 279 A. 9006--C 1 10. $4,000,000 from the waste management & cleanup account (21053) to 2 the general fund. 3 11. $3,000,000 from the waste management & cleanup account (21053) to 4 the environmental protection fund transfer account (30451). 5 12. Up to $10,000,000 from the general fund to the miscellaneous 6 special revenue fund, patron services account (22163). 7 Family Assistance: 8 1. $7,000,000 from any of the office of children and family services, 9 office of temporary and disability assistance, or department of health 10 special revenue federal funds and the general fund, in accordance with 11 agreements with social services districts, to the miscellaneous special 12 revenue fund, office of human resources development state match account 13 (21967). 14 2. $4,000,000 from any of the office of children and family services 15 or office of temporary and disability assistance special revenue federal 16 funds to the miscellaneous special revenue fund, family preservation and 17 support services and family violence services account (22082). 18 3. $18,670,000 from any of the office of children and family services, 19 office of temporary and disability assistance, or department of health 20 special revenue federal funds and any other miscellaneous revenues 21 generated from the operation of office of children and family services 22 programs to the general fund. 23 4. $175,000,000 from any of the office of temporary and disability 24 assistance or department of health special revenue funds to the general 25 fund. 26 5. $2,500,000 from any of the office of temporary and disability 27 assistance special revenue funds to the miscellaneous special revenue 28 fund, office of temporary and disability assistance program account 29 (21980). 30 6. $35,000,000 from any of the office of children and family services, 31 office of temporary and disability assistance, department of labor, and 32 department of health special revenue federal funds to the office of 33 children and family services miscellaneous special revenue fund, multi- 34 agency training contract account (21989). 35 7. $205,000,000 from the miscellaneous special revenue fund, youth 36 facility per diem account (22186), to the general fund. 37 8. $621,850 from the general fund to the combined gifts, grants, and 38 bequests fund, WB Hoyt Memorial account (20128). 39 9. $5,000,000 from the miscellaneous special revenue fund, state 40 central registry (22028), to the general fund. 41 10. $900,000 from the general fund to the Veterans' Remembrance and 42 Cemetery Maintenance and Operation account (20201). 43 11. $505,000,000 from the general fund to the housing program fund 44 (31850). 45 General Government: 46 1. $12,000,000 from the general fund to the health insurance revolving 47 fund (55300). 48 2. $292,400,000 from the health insurance reserve receipts fund 49 (60550) to the general fund. 50 3. $150,000 from the general fund to the not-for-profit revolving loan 51 fund (20650). 52 4. $150,000 from the not-for-profit revolving loan fund (20650) to the 53 general fund. 54 5. $3,000,000 from the miscellaneous special revenue fund, surplus 55 property account (22036), to the general fund.S. 8006--C 280 A. 9006--C 1 6. $19,000,000 from the miscellaneous special revenue fund, revenue 2 arrearage account (22024), to the general fund. 3 7. $1,826,000 from the miscellaneous special revenue fund, revenue 4 arrearage account (22024), to the miscellaneous special revenue fund, 5 authority budget office account (22138). 6 8. $1,000,000 from the miscellaneous special revenue fund, parking 7 account (22007), to the general fund, for the purpose of reimbursing the 8 costs of debt service related to state parking facilities. 9 9. $11,460,000 from the general fund to the agencies internal service 10 fund, central technology services account (55069), for the purpose of 11 enterprise technology projects. 12 10. $10,000,000 from the general fund to the agencies internal service 13 fund, state data center account (55062). 14 11. $12,000,000 from the miscellaneous special revenue fund, parking 15 account (22007), to the centralized services, building support services 16 account (55018). 17 12. $30,000,000 from the general fund to the internal service fund, 18 business services center account (55022). 19 13. $8,000,000 from the general fund to the internal service fund, 20 building support services account (55018). 21 14. $1,500,000 from the combined expendable trust fund, plaza special 22 events account (20120), to the general fund. 23 15. $50,000,000 from the general fund to the New York State cannabis 24 revenue fund (24800). 25 16. $50,000,000 from the New York State cannabis revenue fund (24800) 26 to the general fund. 27 Health: 28 1. A transfer from the general fund to the combined gifts, grants and 29 bequests fund, breast cancer research and education account (20155), up 30 to an amount equal to the monies collected and deposited into that 31 account in the previous fiscal year. 32 2. A transfer from the general fund to the combined gifts, grants and 33 bequests fund, prostate cancer research, detection, and education 34 account (20183), up to an amount equal to the moneys collected and 35 deposited into that account in the previous fiscal year. 36 3. A transfer from the general fund to the combined gifts, grants and 37 bequests fund, Alzheimer's disease research and assistance account 38 (20143), up to an amount equal to the moneys collected and deposited 39 into that account in the previous fiscal year. 40 4. $8,750,000 from the HCRA resources fund (20800) to the miscella- 41 neous special revenue fund, empire state stem cell trust fund account 42 (22161). 43 5. $2,000,000 from the miscellaneous special revenue fund, certificate 44 of need account (21920), to the miscellaneous capital projects fund, 45 healthcare IT capital subfund (32216). 46 6. $2,000,000 from the miscellaneous special revenue fund, vital 47 health records account (22103), to the miscellaneous capital projects 48 fund, healthcare IT capital subfund (32216). 49 7. $6,000,000 from the miscellaneous special revenue fund, profes- 50 sional medical conduct account (22088), to the miscellaneous capital 51 projects fund, healthcare IT capital subfund (32216). 52 8. $112,500,000 from the HCRA resources fund (20800) to the capital 53 projects fund (30000). 54 9. $6,550,000 from the general fund to the medical marihuana trust 55 fund, health operation and oversight account (23755).S. 8006--C 281 A. 9006--C 1 10. An amount up to the unencumbered balance from the charitable gifts 2 trust fund, health charitable account (24900), to the general fund, for 3 payment of general support for primary, preventive, and inpatient health 4 care, dental and vision care, hunger prevention and nutritional assist- 5 ance, and other services for New York state residents with the overall 6 goal of ensuring that New York state residents have access to quality 7 health care and other related services. 8 11. $500,000 from the miscellaneous special revenue fund, New York 9 State cannabis revenue fund, to the miscellaneous special revenue fund, 10 environmental laboratory fee account (21959). 11 12. An amount up to the unencumbered balance from the public health 12 emergency charitable gifts trust fund to the general fund, for payment 13 of goods and services necessary to respond to a public health disaster 14 emergency or to assist or aid in responding to such a disaster. 15 13. $1,000,000,000 from the general fund to the health care transfor- 16 mation fund (24850). 17 Labor: 18 1. $600,000 from the miscellaneous special revenue fund, DOL fee and 19 penalty account (21923), to the child performer's protection fund, child 20 performer protection account (20401). 21 2. $11,700,000 from the unemployment insurance interest and penalty 22 fund, unemployment insurance special interest and penalty account 23 (23601), to the general fund. 24 3. $50,000,000 from the DOL fee and penalty account (21923), unemploy- 25 ment insurance special interest and penalty account (23601), and public 26 work enforcement account (21998), to the general fund. 27 4. $850,000 from the miscellaneous special revenue fund, DOL elevator 28 safety program fund (22252) to the miscellaneous special revenue fund, 29 DOL fee and penalty account (21923). 30 Mental Hygiene: 31 1. $3,800,000 from the general fund, to the agencies internal service 32 fund, civil service EHS occupational health program account (55056). 33 2. $2,000,000 from the general fund, to the mental hygiene facilities 34 capital improvement fund (32300). 35 3. $20,000,000 from the opioid settlement fund (23817) to the miscel- 36 laneous capital projects fund, opioid settlement capital account. 37 4. $20,000,000 from the miscellaneous capital projects fund, opioid 38 settlement capital account to the opioid settlement fund (23817). 39 Public Protection: 40 1. $1,350,000 from the miscellaneous special revenue fund, emergency 41 management account (21944), to the general fund. 42 2. $2,587,000 from the general fund to the miscellaneous special 43 revenue fund, recruitment incentive account (22171). 44 3. $22,773,000 from the general fund to the correctional industries 45 revolving fund, correctional industries internal service account 46 (55350). 47 4. $2,000,000,000 from any of the division of homeland security and 48 emergency services special revenue federal funds to the general fund. 49 5. $115,420,000 from the state police motor vehicle law enforcement 50 and motor vehicle theft and insurance fraud prevention fund, state 51 police motor vehicle enforcement account (22802), to the general fund 52 for state operation expenses of the division of state police. 53 6. $136,130,000 from the general fund to the correctional facilities 54 capital improvement fund (32350). 55 7. $5,000,000 from the general fund to the dedicated highway and 56 bridge trust fund (30050) for the purpose of work zone safety activitiesS. 8006--C 282 A. 9006--C 1 provided by the division of state police for the department of transpor- 2 tation. 3 8. $10,000,000 from the miscellaneous special revenue fund, statewide 4 public safety communications account (22123), to the capital projects 5 fund (30000). 6 9. $9,830,000 from the miscellaneous special revenue fund, legal 7 services assistance account (22096), to the general fund. 8 10. $1,000,000 from the general fund to the agencies internal service 9 fund, neighborhood work project account (55059). 10 11. $7,980,000 from the miscellaneous special revenue fund, finger- 11 print identification & technology account (21950), to the general fund. 12 12. $1,100,000 from the state police motor vehicle law enforcement and 13 motor vehicle theft and insurance fraud prevention fund, motor vehicle 14 theft and insurance fraud account (22801), to the general fund. 15 13. $14,400,000 from the general fund to the miscellaneous special 16 revenue fund, criminal justice improvement account (21945). 17 Transportation: 18 1. $20,000,000 from the general fund to the mass transportation oper- 19 ating assistance fund, public transportation systems operating assist- 20 ance account (21401), of which $12,000,000 constitutes the base need for 21 operations. 22 2. $727,500,000 from the general fund to the dedicated highway and 23 bridge trust fund (30050). 24 3. $244,250,000 from the general fund to the MTA financial assistance 25 fund, mobility tax trust account (23651). 26 4. $5,000,000 from the miscellaneous special revenue fund, transporta- 27 tion regulation account (22067) to the dedicated highway and bridge 28 trust fund (30050), for disbursements made from such fund for motor 29 carrier safety that are in excess of the amounts deposited in the dedi- 30 cated highway and bridge trust fund (30050) for such purpose pursuant to 31 section 94 of the transportation law. 32 5. $3,000,000 from the miscellaneous special revenue fund, traffic 33 adjudication account (22055), to the general fund. 34 6. $5,000,000 from the miscellaneous special revenue fund, transporta- 35 tion regulation account (22067) to the general fund, for disbursements 36 made from such fund for motor carrier safety that are in excess of the 37 amounts deposited in the general fund for such purpose pursuant to 38 section 94 of the transportation law. 39 Miscellaneous: 40 1. $250,000,000 from the general fund to any funds or accounts for the 41 purpose of reimbursing certain outstanding accounts receivable balances. 42 2. $500,000,000 from the general fund to the debt reduction reserve 43 fund (40000). 44 3. $450,000,000 from the New York state storm recovery capital fund 45 (33000) to the revenue bond tax fund (40152). 46 4. $15,500,000 from the general fund, community projects account GG 47 (10256), to the general fund, state purposes account (10050). 48 5. $100,000,000 from any special revenue federal fund to the general 49 fund, state purposes account (10050). 50 6. $12,750,000,000 from the special revenue federal fund, ARPA-Fiscal 51 Recovery Fund (25546) to the general fund, state purposes account 52 (10050) to cover eligible costs incurred by the state. 53 § 3. Notwithstanding any law to the contrary, and in accordance with 54 section 4 of the state finance law, the comptroller is hereby authorized 55 and directed to transfer, on or before March 31, 2023:S. 8006--C 283 A. 9006--C 1 1. Upon request of the commissioner of environmental conservation, up 2 to $12,745,400 from revenues credited to any of the department of envi- 3 ronmental conservation special revenue funds, including $4,000,000 from 4 the environmental protection and oil spill compensation fund (21200), 5 and $1,834,600 from the conservation fund (21150), to the environmental 6 conservation special revenue fund, indirect charges account (21060). 7 2. Upon request of the commissioner of agriculture and markets, up to 8 $3,000,000 from any special revenue fund or enterprise fund within the 9 department of agriculture and markets to the general fund, to pay appro- 10 priate administrative expenses. 11 3. Upon request of the commissioner of agriculture and markets, up to 12 $2,000,000 from the state exposition special fund, state fair receipts 13 account (50051) to the miscellaneous capital projects fund, state fair 14 capital improvement account (32208). 15 4. Upon request of the commissioner of the division of housing and 16 community renewal, up to $6,221,000 from revenues credited to any divi- 17 sion of housing and community renewal federal or miscellaneous special 18 revenue fund to the miscellaneous special revenue fund, housing indirect 19 cost recovery account (22090). 20 5. Upon request of the commissioner of the division of housing and 21 community renewal, up to $5,500,000 may be transferred from any miscel- 22 laneous special revenue fund account, to any miscellaneous special 23 revenue fund. 24 6. Upon request of the commissioner of health up to $13,694,000 from 25 revenues credited to any of the department of health's special revenue 26 funds, to the miscellaneous special revenue fund, administration account 27 (21982). 28 7. Upon the request of the attorney general, up to $4,000,000 from 29 revenues credited to the federal health and human services fund, federal 30 health and human services account (25117) or the miscellaneous special 31 revenue fund, recoveries and revenue account (22041), to the miscella- 32 neous special revenue fund, litigation settlement and civil recovery 33 account (22117). 34 8. Upon the request of the commission of agriculture and markets, up 35 to $3,000,000 from any special revenue fund or enterprise fund within 36 the department of agriculture and markets to the general fund, to pay 37 appropriate administrative expenses. 38 9. Upon the request of the commission of agriculture and markets, up 39 to $2,000,000 from the state exposition special fund, state fair 40 receipts account (50051) to the miscellaneous capital projects fund, 41 state fair capital improvement account (32208). 42 § 4. On or before March 31, 2023, the comptroller is hereby authorized 43 and directed to deposit earnings that would otherwise accrue to the 44 general fund that are attributable to the operation of section 98-a of 45 the state finance law, to the agencies internal service fund, banking 46 services account (55057), for the purpose of meeting direct payments 47 from such account. 48 § 5. Notwithstanding any law to the contrary, upon the direction of 49 the director of the budget and upon requisition by the state university 50 of New York, the dormitory authority of the state of New York is 51 directed to transfer, up to $22,000,000 in revenues generated from the 52 sale of notes or bonds, the state university income fund general revenue 53 account (22653) for reimbursement of bondable equipment for further 54 transfer to the state's general fund. 55 § 6. Notwithstanding any law to the contrary, and in accordance with 56 section 4 of the state finance law, the comptroller is hereby authorizedS. 8006--C 284 A. 9006--C 1 and directed to transfer, upon request of the director of the budget and 2 upon consultation with the state university chancellor or his or her 3 designee, on or before March 31, 2023, up to $16,000,000 from the state 4 university income fund general revenue account (22653) to the state 5 general fund for debt service costs related to campus supported capital 6 project costs for the NY-SUNY 2020 challenge grant program at the 7 University at Buffalo. 8 § 7. Notwithstanding any law to the contrary, and in accordance with 9 section 4 of the state finance law, the comptroller is hereby authorized 10 and directed to transfer, upon request of the director of the budget and 11 upon consultation with the state university chancellor or his or her 12 designee, on or before March 31, 2023, up to $6,500,000 from the state 13 university income fund general revenue account (22653) to the state 14 general fund for debt service costs related to campus supported capital 15 project costs for the NY-SUNY 2020 challenge grant program at the 16 University at Albany. 17 § 8. Notwithstanding any law to the contrary, the state university 18 chancellor or his or her designee is authorized and directed to transfer 19 estimated tuition revenue balances from the state university collection 20 fund (61000) to the state university income fund, state university 21 general revenue offset account (22655) on or before March 31, 2023. 22 § 9. Notwithstanding any law to the contrary, and in accordance with 23 section 4 of the state finance law, the comptroller is hereby authorized 24 and directed to transfer, upon request of the director of the budget, up 25 to $1,165,260,416 from the general fund to the state university income 26 fund, state university general revenue offset account (22655) during the 27 period of July 1, 2022 through June 30, 2023 to support operations at 28 the state university. 29 § 10. Notwithstanding any law to the contrary, and in accordance with 30 section 4 of the state finance law, the comptroller is hereby authorized 31 and directed to transfer, upon request of the director of the budget, up 32 to $48,834,000 from the general fund to the state university income 33 fund, state university general revenue offset account (22655) during the 34 period of July 1, 2022 to June 30, 2023 for general fund operating 35 support pursuant to subparagraph (4-b) of paragraph h of subdivision 2 36 of section three hundred fifty-five of the education law. 37 § 11. Notwithstanding any law to the contrary, and in accordance with 38 section 4 of the state finance law, the comptroller is hereby authorized 39 and directed to transfer, upon request of the director of the budget, up 40 to $20,000,000 from the general fund to the state university income 41 fund, state university general revenue offset account (22655) during the 42 period of July 1, 2022 to June 30, 2023 to support operations at the 43 state university in accordance with the maintenance of effort pursuant 44 to subparagraph (4) of paragraph h of subdivision 2 of section 355 of 45 the education law. 46 § 12. Notwithstanding any law to the contrary, and in accordance with 47 section 4 of the state finance law, the comptroller is hereby authorized 48 and directed to transfer, upon request of the state university chancel- 49 lor or his or her designee, up to $55,000,000 from the state university 50 income fund, state university hospitals income reimbursable account 51 (22656), for services and expenses of hospital operations and capital 52 expenditures at the state university hospitals; and the state university 53 income fund, Long Island veterans' home account (22652) to the state 54 university capital projects fund (32400) on or before June 30, 2023. 55 § 13. Notwithstanding any law to the contrary, and in accordance with 56 section 4 of the state finance law, the comptroller, after consultationS. 8006--C 285 A. 9006--C 1 with the state university chancellor or his or her designee, is hereby 2 authorized and directed to transfer moneys, in the first instance, from 3 the state university collection fund, Stony Brook hospital collection 4 account (61006), Brooklyn hospital collection account (61007), and Syra- 5 cuse hospital collection account (61008) to the state university income 6 fund, state university hospitals income reimbursable account (22656) in 7 the event insufficient funds are available in the state university 8 income fund, state university hospitals income reimbursable account 9 (22656) to permit the full transfer of moneys authorized for transfer, 10 to the general fund for payment of debt service related to the SUNY 11 hospitals. Notwithstanding any law to the contrary, the comptroller is 12 also hereby authorized and directed, after consultation with the state 13 university chancellor or his or her designee, to transfer moneys from 14 the state university income fund to the state university income fund, 15 state university hospitals income reimbursable account (22656) in the 16 event insufficient funds are available in the state university income 17 fund, state university hospitals income reimbursable account (22656) to 18 pay hospital operating costs or to permit the full transfer of moneys 19 authorized for transfer, to the general fund for payment of debt service 20 related to the SUNY hospitals on or before March 31, 2023. 21 § 14. Notwithstanding any law to the contrary, upon the direction of 22 the director of the budget and the chancellor of the state university of 23 New York or his or her designee, and in accordance with section 4 of the 24 state finance law, the comptroller is hereby authorized and directed to 25 transfer monies from the state university dormitory income fund (40350) 26 to the state university residence hall rehabilitation fund (30100), and 27 from the state university residence hall rehabilitation fund (30100) to 28 the state university dormitory income fund (40350), in an amount not to 29 exceed $100 million from each fund. 30 § 15. Notwithstanding any law to the contrary, and in accordance with 31 section 4 of the state finance law, the comptroller is hereby authorized 32 and directed to transfer, at the request of the director of the budget, 33 up to $700 million from the unencumbered balance of any special revenue 34 fund or account, agency fund or account, internal service fund or 35 account, enterprise fund or account, or any combination of such funds 36 and accounts, to the general fund. The amounts transferred pursuant to 37 this authorization shall be in addition to any other transfers expressly 38 authorized in the 2022-23 budget. Transfers from federal funds, debt 39 service funds, capital projects funds, the community projects fund, or 40 funds that would result in the loss of eligibility for federal benefits 41 or federal funds pursuant to federal law, rule, or regulation as assent- 42 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of 43 1951 are not permitted pursuant to this authorization. 44 § 16. Notwithstanding any law to the contrary, and in accordance with 45 section 4 of the state finance law, the comptroller is hereby authorized 46 and directed to transfer, at the request of the director of the budget, 47 up to $100 million from any non-general fund or account, or combination 48 of funds and accounts, to the miscellaneous special revenue fund, tech- 49 nology financing account (22207), the miscellaneous capital projects 50 fund, the federal capital projects account (31350), information technol- 51 ogy capital financing account (32215), or the centralized technology 52 services account (55069), for the purpose of consolidating technology 53 procurement and services. The amounts transferred to the miscellaneous 54 special revenue fund, technology financing account (22207) pursuant to 55 this authorization shall be equal to or less than the amount of such 56 monies intended to support information technology costs which areS. 8006--C 286 A. 9006--C 1 attributable, according to a plan, to such account made in pursuance to 2 an appropriation by law. Transfers to the technology financing account 3 shall be completed from amounts collected by non-general funds or 4 accounts pursuant to a fund deposit schedule or permanent statute, and 5 shall be transferred to the technology financing account pursuant to a 6 schedule agreed upon by the affected agency commissioner. Transfers from 7 funds that would result in the loss of eligibility for federal benefits 8 or federal funds pursuant to federal law, rule, or regulation as assent- 9 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of 10 1951 are not permitted pursuant to this authorization. 11 § 17. Notwithstanding any law to the contrary, and in accordance with 12 section 4 of the state finance law, the comptroller is hereby authorized 13 and directed to transfer, at the request of the director of the budget, 14 up to $400 million from any non-general fund or account, or combination 15 of funds and accounts, to the general fund for the purpose of consol- 16 idating technology procurement and services. The amounts transferred 17 pursuant to this authorization shall be equal to or less than the amount 18 of such monies intended to support information technology costs which 19 are attributable, according to a plan, to such account made in pursuance 20 to an appropriation by law. Transfers to the general fund shall be 21 completed from amounts collected by non-general funds or accounts pursu- 22 ant to a fund deposit schedule. Transfers from funds that would result 23 in the loss of eligibility for federal benefits or federal funds pursu- 24 ant to federal law, rule, or regulation as assented to in chapter 683 of 25 the laws of 1938 and chapter 700 of the laws of 1951 are not permitted 26 pursuant to this authorization. 27 § 18. Notwithstanding any provision of law to the contrary, as deemed 28 feasible and advisable by its trustees, the power authority of the state 29 of New York is authorized and directed to transfer to the state treasury 30 to the credit of the general fund up to $20,000,000 for the state fiscal 31 year commencing April 1, 2022, the proceeds of which will be utilized to 32 support energy-related state activities. 33 § 19. Notwithstanding any provision of law, rule or regulation to the 34 contrary, the New York state energy research and development authority 35 is authorized and directed to contribute $913,000 to the state treasury 36 to the credit of the general fund on or before March 31, 2023. 37 § 20. Notwithstanding any provision of law, rule or regulation to the 38 contrary, the New York state energy research and development authority 39 is authorized and directed to transfer five million dollars to the cred- 40 it of the Environmental Protection Fund on or before March 31, 2023 from 41 proceeds collected by the authority from the auction or sale of carbon 42 dioxide emission allowances allocated by the department of environmental 43 conservation. 44 § 21. Subdivision 5 of section 97-rrr of the state finance law, as 45 amended by section 20 of part JJJ of chapter 59 of the laws of 2021, is 46 amended to read as follows: 47 5. Notwithstanding the provisions of section one hundred seventy-one-a 48 of the tax law, as separately amended by chapters four hundred eighty- 49 one and four hundred eighty-four of the laws of nineteen hundred eight- 50 y-one, and notwithstanding the provisions of chapter ninety-four of the 51 laws of two thousand eleven, or any other provisions of law to the 52 contrary, during the fiscal year beginning April first, two thousand 53 [twenty-one] twenty-two, the state comptroller is hereby authorized and 54 directed to deposit to the fund created pursuant to this section from 55 amounts collected pursuant to article twenty-two of the tax law and 56 pursuant to a schedule submitted by the director of the budget, up toS. 8006--C 287 A. 9006--C 1 [$1,979,457,000] $1,830,985,000, as may be certified in such schedule as 2 necessary to meet the purposes of such fund for the fiscal year begin- 3 ning April first, two thousand [twenty-one] twenty-two. 4 § 22. Notwithstanding any law to the contrary, the comptroller is 5 hereby authorized and directed to transfer, upon request of the director 6 of the budget, on or before March 31, 2023, the following amounts from 7 the following special revenue accounts to the capital projects fund 8 (30000), for the purposes of reimbursement to such fund for expenses 9 related to the maintenance and preservation of state assets: 10 1. $43,000 from the miscellaneous special revenue fund, administrative 11 program account (21982). 12 2. $1,478,000 from the miscellaneous special revenue fund, helen hayes 13 hospital account (22140). 14 3. $456,000 from the miscellaneous special revenue fund, New York city 15 veterans' home account (22141). 16 4. $570,000 from the miscellaneous special revenue fund, New York 17 state home for veterans' and their dependents at oxford account (22142). 18 5. $170,000 from the miscellaneous special revenue fund, western New 19 York veterans' home account (22143). 20 6. $323,000 from the miscellaneous special revenue fund, New York 21 state for veterans in the lower-hudson valley account (22144). 22 7. $2,550,000 from the miscellaneous special revenue fund, patron 23 services account (22163). 24 8. $7,502,241 from the miscellaneous special revenue fund, state 25 university general income reimbursable account (22653). 26 9. $135,656,957 from the miscellaneous special revenue fund, state 27 university revenue offset account (22655). 28 10. $49,329,802 from the state university dormitory income fund, state 29 university dormitory income fund (40350). 30 11. $1,000,000 from the miscellaneous special revenue fund, litigation 31 settlement and civil recovery account (22117). 32 § 23. Subdivision 8 of section 53 of the state finance law, as amended 33 by chapter 58 of the laws of 1982, is amended to read as follows: 34 8. Notwithstanding the foregoing provisions of this section, in addi- 35 tion to the restrictions set forth therein, the governor may authorize a 36 transfer to the general fund, to a capital projects fund, or to a fund 37 established to account for revenues from the federal government only 38 after the approval of: 39 (1) the temporary president of the senate or the [chairman] chair of 40 the senate finance committee (the "senate"); and 41 (2) the speaker of the assembly or the [chairman] chair of the assem- 42 bly ways and means committee (the "assembly"). 43 Provided however, if either the senate or the assembly fails to affir- 44 matively deny or approve such transfer within ten days from the date on 45 which the governor provides notification of such transfer, then the 46 transfer shall be deemed approved by both the senate and the assembly. 47 § 24. Subdivision 6 of section 4 of the state finance law, as amended 48 by section 25 of part JJ of chapter 56 of the laws of 2020, is amended 49 to read as follows: 50 6. Notwithstanding any law to the contrary, at the beginning of the 51 state fiscal year, the state comptroller is hereby authorized and 52 directed to receive for deposit to the credit of a fund and/or an 53 account such monies as are identified by the director of the budget as 54 having been intended for such deposit to support disbursements from such 55 fund and/or account made in pursuance of an appropriation by law. As 56 soon as practicable upon enactment of the budget, the director of theS. 8006--C 288 A. 9006--C 1 budget shall, but not less than three days following preliminary 2 submission to the chairs of the senate finance committee and the assem- 3 bly ways and means committee, file with the state comptroller an iden- 4 tification of specific monies to be so deposited. Any subsequent change 5 regarding the monies to be so deposited shall be filed by the director 6 of the budget, as soon as practicable, but not less than three days 7 following preliminary submission to the chairs of the senate finance 8 committee and the assembly ways and means committee. 9 All monies identified by the director of the budget to be deposited to 10 the credit of a fund and/or account shall be consistent with the intent 11 of the budget for the then current state fiscal year as enacted by the 12 legislature. 13 The provisions of this subdivision shall expire on March thirty-first, 14 two thousand [twenty-two] twenty-four. 15 § 25. Subdivision 4 of section 40 of the state finance law, as amended 16 by section 26 of part JJ of chapter 56 of the laws of 2020, is amended 17 to read as follows: 18 4. Every appropriation made from a fund or account to a department or 19 agency shall be available for the payment of prior years' liabilities in 20 such fund or account for fringe benefits, indirect costs, and telecommu- 21 nications expenses and expenses for other centralized services fund 22 programs without limit. Every appropriation shall also be available for 23 the payment of prior years' liabilities other than those indicated 24 above, but only to the extent of one-half of one percent of the total 25 amount appropriated to a department or agency in such fund or account. 26 The provisions of this subdivision shall expire March thirty-first, 27 two thousand [twenty-two] twenty-four. 28 § 26. Subdivision 2 of section 92-cc of the state finance law, as 29 amended by section 12-a of part I of chapter 60 of the laws of 2015, is 30 amended to read as follows: 31 2. Such fund shall have a maximum balance not to exceed [five] fifteen 32 per centum of the aggregate amount projected to be disbursed from the 33 general fund during the fiscal year immediately following the then-cur- 34 rent fiscal year. At the request of the director of the budget, the 35 state comptroller shall transfer monies to the rainy day reserve fund up 36 to and including an amount equivalent to [seventy-five one-hundredths of37one] three per centum of the aggregate amount projected to be disbursed 38 from the general fund during the then-current fiscal year, unless such 39 transfer would increase the rainy day reserve fund to an amount in 40 excess of [five] fifteen per centum of the aggregate amount projected to 41 be disbursed from the general fund during the fiscal year immediately 42 following the then-current fiscal year, in which event such transfer 43 shall be limited to such amount as will increase the rainy day reserve 44 fund to such [five] fifteen per centum limitation. 45 § 27. Paragraph (c) of subdivision 4 of section 99-aa of the state 46 finance law, as added by section 22-d of part XXX of chapter 59 of the 47 laws of 2017, is amended to read as follows: 48 (c) At the request of the director of the budget, the state comp- 49 troller shall transfer monies from the general fund to the trust fund up 50 to and including an amount equivalent to one and fifty one-hundredths of 51 one per centum of the total actuarial accrued liability included in the 52 state of New York comprehensive annual financial report. 53 § 28. Subdivision 4 of section 89-h of the state finance law, as 54 amended by chapter 92 of the laws of 2021, is amended to read as 55 follows:S. 8006--C 289 A. 9006--C 1 4. The moneys of the medical cannabis trust fund, following appropri- 2 ation by the legislature, shall be allocated upon a certificate of 3 approval of availability by the director of the budget as follows: (a) 4 Twenty-two and five-tenths percent of the monies shall be transferred to 5 the counties in New York state in which the medical cannabis was manu- 6 factured and allocated in proportion to the gross sales originating from 7 medical cannabis manufactured in each such county; (b) twenty-two and 8 five-tenths percent of the moneys shall be transferred to the counties 9 in New York state in which the medical cannabis was dispensed and allo- 10 cated in proportion to the gross sales occurring in each such county; 11 (c) five percent of the monies shall be transferred to the office of 12 addiction services and supports, which shall use that revenue for addi- 13 tional drug abuse prevention, counseling and treatment services; (d) 14 five percent of the revenue received by the department shall be trans- 15 ferred to the division of criminal justice services, which shall use 16 that revenue for a program of discretionary grants to state and local 17 law enforcement agencies that demonstrate a need relating to article 18 three of the cannabis law; said grants could be used for personnel costs 19 of state and local law enforcement agencies; and (e) forty-five percent 20 of the monies shall be [transferred] deposited to the New York state 21 cannabis revenue fund. For purposes of this subdivision, the city of New 22 York shall be deemed to be a county. 23 § 28-a. Subdivision 1 of section 4 of section 1 of part D3 of chapter 24 62 of the laws of 2003 amending the general business law and other laws 25 relating to implementing the state fiscal plan for the 2003-2004 state 26 fiscal year, is amended to read as follows: 27 1. The state representative, upon the execution of a sale agreement on 28 behalf of the state may sell to the corporation, and the corporation may 29 purchase, for cash or other consideration and in one or more install- 30 ments, all or a portion of the state's share. Any such agreement shall 31 provide, among other matters, that the purchase price payable by the 32 corporation to the state for such state's share or portion thereof shall 33 consist of the net proceeds of the bonds issued to finance such purchase 34 price and the residual interests, if any. [The] Notwithstanding section 35 121 of the state finance law or any other law to the contrary, the resi- 36 dual interests shall be deposited into [the tobacco settlement fund37pursuant to section 92-x of the state finance law, unless otherwise38directed by statute] the Medicaid management information system (MMIS) 39 statewide escrow fund within thirty days upon the availability of such 40 residual interests to fund a portion of the cumulative non-federal share 41 of expenses related to the state takeover of the local share of Medicaid 42 growth pursuant to part F of chapter 56 of the laws of 2012. Such 43 deposit shall be in an amount equal to (a) the amount of residual inter- 44 ests scheduled for deposit into the MMIS statewide escrow fund in the 45 applicable year's enacted budget financial plan as updated or (b) the 46 total amount of residual interests available if the total amount of such 47 residual interests is less than the total amount of residual interests 48 scheduled for deposit into the MMIS statewide escrow fund in the appli- 49 cable year's enacted budget financial plan as updated. At the discretion 50 of the state representative, any residual interests which exceed the 51 amount scheduled for deposit into the MMIS statewide escrow fund in the 52 applicable year's enacted budget financial plan as updated may either be 53 deposited into the (i) MMIS statewide escrow fund to fund a portion, as 54 determined by the state representative, of the cumulative non-Federal 55 share of expenses related to the state takeover of the local share of 56 Medicaid growth, pursuant to part F of chapter 56 of the laws of 2012,S. 8006--C 290 A. 9006--C 1 or (ii) the state general fund; provided, however that any residual 2 interest derived from other assets shall be applied as directed by stat- 3 ute. Notwithstanding any other law to the contrary, the amount used 4 from such deposit to fund a portion of the cumulative non-Federal share 5 of expenses related to the State takeover of the local share of Medicaid 6 growth shall be paid without appropriation. Any such sale shall be 7 pursuant to one or more sale agreements which may contain such terms and 8 conditions deemed necessary by the state representative to carry out and 9 effectuate the purposes of this section, including covenants binding the 10 state in favor of the corporation and its assignees, including the 11 owners of its bonds such as covenants with respect to the enforcement at 12 the expense of the state of the payment provisions of the master settle- 13 ment agreement, the diligent enforcement at the expense of the state of 14 the qualifying statute, the application and use of the proceeds of the 15 sale of the state's share to preserve the tax-exemption on the bonds, 16 the interest on which is intended to be exempt from federal income tax, 17 issued to finance the purchase thereof and otherwise as provided in this 18 act. Notwithstanding the foregoing, neither the state representative nor 19 the corporation shall be authorized to make any covenant, pledge, prom- 20 ise or agreement purporting to bind the state with respect to pledged 21 tobacco revenues, except as otherwise specifically authorized by this 22 act. 23 § 29. Notwithstanding any other law, rule, or regulation to the 24 contrary, the state comptroller is hereby authorized and directed to use 25 any balance remaining in the mental health services fund debt service 26 appropriation, after payment by the state comptroller of all obligations 27 required pursuant to any lease, sublease, or other financing arrangement 28 between the dormitory authority of the state of New York as successor to 29 the New York state medical care facilities finance agency, and the 30 facilities development corporation pursuant to chapter 83 of the laws of 31 1995 and the department of mental hygiene for the purpose of making 32 payments to the dormitory authority of the state of New York for the 33 amount of the earnings for the investment of monies deposited in the 34 mental health services fund that such agency determines will or may have 35 to be rebated to the federal government pursuant to the provisions of 36 the internal revenue code of 1986, as amended, in order to enable such 37 agency to maintain the exemption from federal income taxation on the 38 interest paid to the holders of such agency's mental services facilities 39 improvement revenue bonds. Annually on or before each June 30th, such 40 agency shall certify to the state comptroller its determination of the 41 amounts received in the mental health services fund as a result of the 42 investment of monies deposited therein that will or may have to be 43 rebated to the federal government pursuant to the provisions of the 44 internal revenue code of 1986, as amended. 45 § 30. Subdivision 1 of section 16 of part D of chapter 389 of the laws 46 of 1997, relating to the financing of the correctional facilities 47 improvement fund and the youth facility improvement fund, as amended by 48 section 25 of part JJJ of chapter 59 of the laws of 2021, is amended to 49 read as follows: 50 1. Subject to the provisions of chapter 59 of the laws of 2000, but 51 notwithstanding the provisions of section 18 of section 1 of chapter 174 52 of the laws of 1968, the New York state urban development corporation is 53 hereby authorized to issue bonds, notes and other obligations in an 54 aggregate principal amount not to exceed [nine billion one hundred thir-55ty-nine million six hundred nineteen thousand dollars $9,139,619,000] 56 nine billion five hundred two million seven hundred thirty-nine thousandS. 8006--C 291 A. 9006--C 1 dollars $9,502,739,000, and shall include all bonds, notes and other 2 obligations issued pursuant to chapter 56 of the laws of 1983, as 3 amended or supplemented. The proceeds of such bonds, notes or other 4 obligations shall be paid to the state, for deposit in the correctional 5 facilities capital improvement fund to pay for all or any portion of the 6 amount or amounts paid by the state from appropriations or reappropri- 7 ations made to the department of corrections and community supervision 8 from the correctional facilities capital improvement fund for capital 9 projects. The aggregate amount of bonds, notes or other obligations 10 authorized to be issued pursuant to this section shall exclude bonds, 11 notes or other obligations issued to refund or otherwise repay bonds, 12 notes or other obligations theretofore issued, the proceeds of which 13 were paid to the state for all or a portion of the amounts expended by 14 the state from appropriations or reappropriations made to the department 15 of corrections and community supervision; provided, however, that upon 16 any such refunding or repayment the total aggregate principal amount of 17 outstanding bonds, notes or other obligations may be greater than [nine18billion one hundred thirty-nine million six hundred nineteen thousand19dollars $9,139,619,000] nine billion five hundred two million seven 20 hundred thirty-nine thousand dollars $9,502,739,000, only if the present 21 value of the aggregate debt service of the refunding or repayment bonds, 22 notes or other obligations to be issued shall not exceed the present 23 value of the aggregate debt service of the bonds, notes or other obli- 24 gations so to be refunded or repaid. For the purposes hereof, the pres- 25 ent value of the aggregate debt service of the refunding or repayment 26 bonds, notes or other obligations and of the aggregate debt service of 27 the bonds, notes or other obligations so refunded or repaid, shall be 28 calculated by utilizing the effective interest rate of the refunding or 29 repayment bonds, notes or other obligations, which shall be that rate 30 arrived at by doubling the semi-annual interest rate (compounded semi- 31 annually) necessary to discount the debt service payments on the refund- 32 ing or repayment bonds, notes or other obligations from the payment 33 dates thereof to the date of issue of the refunding or repayment bonds, 34 notes or other obligations and to the price bid including estimated 35 accrued interest or proceeds received by the corporation including esti- 36 mated accrued interest from the sale thereof. 37 § 31. Subdivision (a) of section 27 of part Y of chapter 61 of the 38 laws of 2005, relating to providing for the administration of certain 39 funds and accounts related to the 2005-2006 budget, as amended by 40 section 26 of part JJJ of chapter 59 of the laws of 2021, is amended to 41 read as follows: 42 (a) Subject to the provisions of chapter 59 of the laws of 2000, but 43 notwithstanding any provisions of law to the contrary, the urban devel- 44 opment corporation is hereby authorized to issue bonds or notes in one 45 or more series in an aggregate principal amount not to exceed [three46hundred seventy-four million six hundred thousand dollars $374,600,000] 47 four hundred twenty-six million one hundred thousand dollars 48 $426,100,000, excluding bonds issued to finance one or more debt service 49 reserve funds, to pay costs of issuance of such bonds, and bonds or 50 notes issued to refund or otherwise repay such bonds or notes previously 51 issued, for the purpose of financing capital projects including IT 52 initiatives for the division of state police, debt service and leases; 53 and to reimburse the state general fund for disbursements made therefor. 54 Such bonds and notes of such authorized issuer shall not be a debt of 55 the state, and the state shall not be liable thereon, nor shall they be 56 payable out of any funds other than those appropriated by the state toS. 8006--C 292 A. 9006--C 1 such authorized issuer for debt service and related expenses pursuant to 2 any service contract executed pursuant to subdivision (b) of this 3 section and such bonds and notes shall contain on the face thereof a 4 statement to such effect. Except for purposes of complying with the 5 internal revenue code, any interest income earned on bond proceeds shall 6 only be used to pay debt service on such bonds. 7 § 32. Subdivision 3 of section 1285-p of the public authorities law, 8 as amended by section 27 of part JJJ of chapter 59 of the laws of 2021, 9 is amended to read as follows: 10 3. The maximum amount of bonds that may be issued for the purpose of 11 financing environmental infrastructure projects authorized by this 12 section shall be [seven billion one hundred thirty million ten thousand13dollars $7,130,010,000] eight billion one hundred seventy-one million 14 one hundred ten thousand dollars $8,171,110,000, exclusive of bonds 15 issued to fund any debt service reserve funds, pay costs of issuance of 16 such bonds, and bonds or notes issued to refund or otherwise repay bonds 17 or notes previously issued. Such bonds and notes of the corporation 18 shall not be a debt of the state, and the state shall not be liable 19 thereon, nor shall they be payable out of any funds other than those 20 appropriated by the state to the corporation for debt service and 21 related expenses pursuant to any service contracts executed pursuant to 22 subdivision one of this section, and such bonds and notes shall contain 23 on the face thereof a statement to such effect. 24 § 33. Subdivision (a) of section 48 of part K of chapter 81 of the 25 laws of 2002, relating to providing for the administration of certain 26 funds and accounts related to the 2002-2003 budget, as amended by 27 section 28 of part JJJ of chapter 59 of the laws of 2021, is amended to 28 read as follows: 29 (a) Subject to the provisions of chapter 59 of the laws of 2000 but 30 notwithstanding the provisions of section 18 of the urban development 31 corporation act, the corporation is hereby authorized to issue bonds or 32 notes in one or more series in an aggregate principal amount not to 33 exceed [three hundred forty-seven million five hundred thousand dollars34$347,500,000] three hundred eighty-three million five hundred thousand 35 dollars $383,500,000, excluding bonds issued to fund one or more debt 36 service reserve funds, to pay costs of issuance of such bonds, and bonds 37 or notes issued to refund or otherwise repay such bonds or notes previ- 38 ously issued, for the purpose of financing capital costs related to 39 homeland security and training facilities for the division of state 40 police, the division of military and naval affairs, and any other state 41 agency, including the reimbursement of any disbursements made from the 42 state capital projects fund, and is hereby authorized to issue bonds or 43 notes in one or more series in an aggregate principal amount not to 44 exceed [one billion three hundred eight million six hundred eighty-six45thousand dollars $1,308,686,000] one billion six hundred four million 46 nine hundred eighty-six thousand dollars $1,604,986,000, excluding bonds 47 issued to fund one or more debt service reserve funds, to pay costs of 48 issuance of such bonds, and bonds or notes issued to refund or otherwise 49 repay such bonds or notes previously issued, for the purpose of financ- 50 ing improvements to State office buildings and other facilities located 51 statewide, including the reimbursement of any disbursements made from 52 the state capital projects fund. Such bonds and notes of the corporation 53 shall not be a debt of the state, and the state shall not be liable 54 thereon, nor shall they be payable out of any funds other than those 55 appropriated by the state to the corporation for debt service and 56 related expenses pursuant to any service contracts executed pursuant toS. 8006--C 293 A. 9006--C 1 subdivision (b) of this section, and such bonds and notes shall contain 2 on the face thereof a statement to such effect. 3 § 34. Paragraph (c) of subdivision 19 of section 1680 of the public 4 authorities law, as amended by section 29 of part JJJ of chapter 59 of 5 the laws of 2021, is amended to read as follows: 6 (c) Subject to the provisions of chapter fifty-nine of the laws of two 7 thousand, the dormitory authority shall not issue any bonds for state 8 university educational facilities purposes if the principal amount of 9 bonds to be issued when added to the aggregate principal amount of bonds 10 issued by the dormitory authority on and after July first, nineteen 11 hundred eighty-eight for state university educational facilities will 12 exceed [fifteen billion five hundred fifty-five million eight hundred13sixty-four thousand dollars $15,555,864,000] sixteen billion six hundred 14 eleven million five hundred sixty-four thousand dollars $16,611,564,000; 15 provided, however, that bonds issued or to be issued shall be excluded 16 from such limitation if: (1) such bonds are issued to refund state 17 university construction bonds and state university construction notes 18 previously issued by the housing finance agency; or (2) such bonds are 19 issued to refund bonds of the authority or other obligations issued for 20 state university educational facilities purposes and the present value 21 of the aggregate debt service on the refunding bonds does not exceed the 22 present value of the aggregate debt service on the bonds refunded there- 23 by; provided, further that upon certification by the director of the 24 budget that the issuance of refunding bonds or other obligations issued 25 between April first, nineteen hundred ninety-two and March thirty-first, 26 nineteen hundred ninety-three will generate long term economic benefits 27 to the state, as assessed on a present value basis, such issuance will 28 be deemed to have met the present value test noted above. For purposes 29 of this subdivision, the present value of the aggregate debt service of 30 the refunding bonds and the aggregate debt service of the bonds 31 refunded, shall be calculated by utilizing the true interest cost of the 32 refunding bonds, which shall be that rate arrived at by doubling the 33 semi-annual interest rate (compounded semi-annually) necessary to 34 discount the debt service payments on the refunding bonds from the 35 payment dates thereof to the date of issue of the refunding bonds to the 36 purchase price of the refunding bonds, including interest accrued there- 37 on prior to the issuance thereof. The maturity of such bonds, other than 38 bonds issued to refund outstanding bonds, shall not exceed the weighted 39 average economic life, as certified by the state university construction 40 fund, of the facilities in connection with which the bonds are issued, 41 and in any case not later than the earlier of thirty years or the expi- 42 ration of the term of any lease, sublease or other agreement relating 43 thereto; provided that no note, including renewals thereof, shall mature 44 later than five years after the date of issuance of such note. The 45 legislature reserves the right to amend or repeal such limit, and the 46 state of New York, the dormitory authority, the state university of New 47 York, and the state university construction fund are prohibited from 48 covenanting or making any other agreements with or for the benefit of 49 bondholders which might in any way affect such right. 50 § 35. Paragraph (c) of subdivision 14 of section 1680 of the public 51 authorities law, as amended by section 30 of part JJJ of chapter 59 of 52 the laws of 2021, is amended to read as follows: 53 (c) Subject to the provisions of chapter fifty-nine of the laws of two 54 thousand, (i) the dormitory authority shall not deliver a series of 55 bonds for city university community college facilities, except to refund 56 or to be substituted for or in lieu of other bonds in relation to cityS. 8006--C 294 A. 9006--C 1 university community college facilities pursuant to a resolution of the 2 dormitory authority adopted before July first, nineteen hundred eighty- 3 five or any resolution supplemental thereto, if the principal amount of 4 bonds so to be issued when added to all principal amounts of bonds 5 previously issued by the dormitory authority for city university commu- 6 nity college facilities, except to refund or to be substituted in lieu 7 of other bonds in relation to city university community college facili- 8 ties will exceed the sum of four hundred twenty-five million dollars and 9 (ii) the dormitory authority shall not deliver a series of bonds issued 10 for city university facilities, including community college facilities, 11 pursuant to a resolution of the dormitory authority adopted on or after 12 July first, nineteen hundred eighty-five, except to refund or to be 13 substituted for or in lieu of other bonds in relation to city university 14 facilities and except for bonds issued pursuant to a resolution supple- 15 mental to a resolution of the dormitory authority adopted prior to July 16 first, nineteen hundred eighty-five, if the principal amount of bonds so 17 to be issued when added to the principal amount of bonds previously 18 issued pursuant to any such resolution, except bonds issued to refund or 19 to be substituted for or in lieu of other bonds in relation to city 20 university facilities, will exceed [nine billion six hundred sixty-one21million thirty thousand dollars $9,661,030,000] ten billion two hundred 22 fifty-four million six hundred eighty-six thousand dollars 23 $10,254,686,000. The legislature reserves the right to amend or repeal 24 such limit, and the state of New York, the dormitory authority, the city 25 university, and the fund are prohibited from covenanting or making any 26 other agreements with or for the benefit of bondholders which might in 27 any way affect such right. 28 § 36. Subdivision 10-a of section 1680 of the public authorities law, 29 as amended by section 31 of part JJJ of chapter 59 of the laws of 2021, 30 is amended to read as follows: 31 10-a. Subject to the provisions of chapter fifty-nine of the laws of 32 two thousand, but notwithstanding any other provision of the law to the 33 contrary, the maximum amount of bonds and notes to be issued after March 34 thirty-first, two thousand two, on behalf of the state, in relation to 35 any locally sponsored community college, shall be [one billion sixty-six36million two hundred fifty-seven thousand dollars $1,066,257,000] one 37 billion one hundred twenty-three million one hundred forty thousand 38 dollars $1,123,140,000. Such amount shall be exclusive of bonds and 39 notes issued to fund any reserve fund or funds, costs of issuance and to 40 refund any outstanding bonds and notes, issued on behalf of the state, 41 relating to a locally sponsored community college. 42 § 37. Subdivision 1 of section 17 of part D of chapter 389 of the laws 43 of 1997, relating to the financing of the correctional facilities 44 improvement fund and the youth facility improvement fund, as amended by 45 section 32 of part JJJ of chapter 59 of the laws of 2021, is amended to 46 read as follows: 47 1. Subject to the provisions of chapter 59 of the laws of 2000, but 48 notwithstanding the provisions of section 18 of section 1 of chapter 174 49 of the laws of 1968, the New York state urban development corporation is 50 hereby authorized to issue bonds, notes and other obligations in an 51 aggregate principal amount not to exceed [eight hundred seventy-six52million fifteen thousand dollars $876,015,000] nine hundred sixty-two 53 million seven hundred fifteen thousand dollars $962,715,000, which 54 authorization increases the aggregate principal amount of bonds, notes 55 and other obligations authorized by section 40 of chapter 309 of the 56 laws of 1996, and shall include all bonds, notes and other obligationsS. 8006--C 295 A. 9006--C 1 issued pursuant to chapter 211 of the laws of 1990, as amended or 2 supplemented. The proceeds of such bonds, notes or other obligations 3 shall be paid to the state, for deposit in the youth facilities improve- 4 ment fund, to pay for all or any portion of the amount or amounts paid 5 by the state from appropriations or reappropriations made to the office 6 of children and family services from the youth facilities improvement 7 fund for capital projects. The aggregate amount of bonds, notes and 8 other obligations authorized to be issued pursuant to this section shall 9 exclude bonds, notes or other obligations issued to refund or otherwise 10 repay bonds, notes or other obligations theretofore issued, the proceeds 11 of which were paid to the state for all or a portion of the amounts 12 expended by the state from appropriations or reappropriations made to 13 the office of children and family services; provided, however, that upon 14 any such refunding or repayment the total aggregate principal amount of 15 outstanding bonds, notes or other obligations may be greater than [eight16hundred seventy-six million fifteen thousand dollars $876,015,000] nine 17 hundred sixty-two million seven hundred fifteen thousand dollars 18 $962,715,000, only if the present value of the aggregate debt service of 19 the refunding or repayment bonds, notes or other obligations to be 20 issued shall not exceed the present value of the aggregate debt service 21 of the bonds, notes or other obligations so to be refunded or repaid. 22 For the purposes hereof, the present value of the aggregate debt service 23 of the refunding or repayment bonds, notes or other obligations and of 24 the aggregate debt service of the bonds, notes or other obligations so 25 refunded or repaid, shall be calculated by utilizing the effective 26 interest rate of the refunding or repayment bonds, notes or other obli- 27 gations, which shall be that rate arrived at by doubling the semi-annual 28 interest rate (compounded semi-annually) necessary to discount the debt 29 service payments on the refunding or repayment bonds, notes or other 30 obligations from the payment dates thereof to the date of issue of the 31 refunding or repayment bonds, notes or other obligations and to the 32 price bid including estimated accrued interest or proceeds received by 33 the corporation including estimated accrued interest from the sale ther- 34 eof. 35 § 38. Paragraph b of subdivision 2 of section 9-a of section 1 of 36 chapter 392 of the laws of 1973, constituting the New York state medical 37 care facilities finance agency act, as amended by section 33 of part JJJ 38 of chapter 59 of the laws of 2021, is amended to read as follows: 39 b. The agency shall have power and is hereby authorized from time to 40 time to issue negotiable bonds and notes in conformity with applicable 41 provisions of the uniform commercial code in such principal amount as, 42 in the opinion of the agency, shall be necessary, after taking into 43 account other moneys which may be available for the purpose, to provide 44 sufficient funds to the facilities development corporation, or any 45 successor agency, for the financing or refinancing of or for the design, 46 construction, acquisition, reconstruction, rehabilitation or improvement 47 of mental health services facilities pursuant to paragraph a of this 48 subdivision, the payment of interest on mental health services improve- 49 ment bonds and mental health services improvement notes issued for such 50 purposes, the establishment of reserves to secure such bonds and notes, 51 the cost or premium of bond insurance or the costs of any financial 52 mechanisms which may be used to reduce the debt service that would be 53 payable by the agency on its mental health services facilities improve- 54 ment bonds and notes and all other expenditures of the agency incident 55 to and necessary or convenient to providing the facilities development 56 corporation, or any successor agency, with funds for the financing orS. 8006--C 296 A. 9006--C 1 refinancing of or for any such design, construction, acquisition, recon- 2 struction, rehabilitation or improvement and for the refunding of mental 3 hygiene improvement bonds issued pursuant to section 47-b of the private 4 housing finance law; provided, however, that the agency shall not issue 5 mental health services facilities improvement bonds and mental health 6 services facilities improvement notes in an aggregate principal amount 7 exceeding [ten billion four hundred seventy-six million seven hundred8seventy-three thousand dollars $10,476,773,000] ten billion nine hundred 9 forty-two million eight hundred thirty-three thousand dollars 10 $10,942,833,000, excluding mental health services facilities improvement 11 bonds and mental health services facilities improvement notes issued to 12 refund outstanding mental health services facilities improvement bonds 13 and mental health services facilities improvement notes; provided, 14 however, that upon any such refunding or repayment of mental health 15 services facilities improvement bonds and/or mental health services 16 facilities improvement notes the total aggregate principal amount of 17 outstanding mental health services facilities improvement bonds and 18 mental health facilities improvement notes may be greater than [ten19billion four hundred seventy-six million seven hundred seventy-three20thousand dollars $10,476,773,000] ten billion nine hundred forty-two 21 million eight hundred thirty-three thousand dollars $10,942,833,000, 22 only if, except as hereinafter provided with respect to mental health 23 services facilities bonds and mental health services facilities notes 24 issued to refund mental hygiene improvement bonds authorized to be 25 issued pursuant to the provisions of section 47-b of the private housing 26 finance law, the present value of the aggregate debt service of the 27 refunding or repayment bonds to be issued shall not exceed the present 28 value of the aggregate debt service of the bonds to be refunded or 29 repaid. For purposes hereof, the present values of the aggregate debt 30 service of the refunding or repayment bonds, notes or other obligations 31 and of the aggregate debt service of the bonds, notes or other obli- 32 gations so refunded or repaid, shall be calculated by utilizing the 33 effective interest rate of the refunding or repayment bonds, notes or 34 other obligations, which shall be that rate arrived at by doubling the 35 semi-annual interest rate (compounded semi-annually) necessary to 36 discount the debt service payments on the refunding or repayment bonds, 37 notes or other obligations from the payment dates thereof to the date of 38 issue of the refunding or repayment bonds, notes or other obligations 39 and to the price bid including estimated accrued interest or proceeds 40 received by the authority including estimated accrued interest from the 41 sale thereof. Such bonds, other than bonds issued to refund outstanding 42 bonds, shall be scheduled to mature over a term not to exceed the aver- 43 age useful life, as certified by the facilities development corporation, 44 of the projects for which the bonds are issued, and in any case shall 45 not exceed thirty years and the maximum maturity of notes or any 46 renewals thereof shall not exceed five years from the date of the 47 original issue of such notes. Notwithstanding the provisions of this 48 section, the agency shall have the power and is hereby authorized to 49 issue mental health services facilities improvement bonds and/or mental 50 health services facilities improvement notes to refund outstanding 51 mental hygiene improvement bonds authorized to be issued pursuant to the 52 provisions of section 47-b of the private housing finance law and the 53 amount of bonds issued or outstanding for such purposes shall not be 54 included for purposes of determining the amount of bonds issued pursuant 55 to this section. The director of the budget shall allocate the aggregate 56 principal authorized to be issued by the agency among the office ofS. 8006--C 297 A. 9006--C 1 mental health, office for people with developmental disabilities, and 2 the office of addiction services and supports, in consultation with 3 their respective commissioners to finance bondable appropriations previ- 4 ously approved by the legislature. 5 § 39. Subdivision (a) of section 28 of part Y of chapter 61 of the 6 laws of 2005, relating to providing for the administration of certain 7 funds and accounts related to the 2005-2006 budget, as amended by 8 section 34 of part JJJ of chapter 59 of the laws of 2021, is amended to 9 read as follows: 10 (a) Subject to the provisions of chapter 59 of the laws of 2000, but 11 notwithstanding any provisions of law to the contrary, one or more 12 authorized issuers as defined by section 68-a of the state finance law 13 are hereby authorized to issue bonds or notes in one or more series in 14 an aggregate principal amount not to exceed [one hundred seventy-two15million dollars $172,000,000] one hundred ninety-seven million dollars 16 $197,000,000, excluding bonds issued to finance one or more debt service 17 reserve funds, to pay costs of issuance of such bonds, and bonds or 18 notes issued to refund or otherwise repay such bonds or notes previously 19 issued, for the purpose of financing capital projects for public 20 protection facilities in the Division of Military and Naval Affairs, 21 debt service and leases; and to reimburse the state general fund for 22 disbursements made therefor. Such bonds and notes of such authorized 23 issuer shall not be a debt of the state, and the state shall not be 24 liable thereon, nor shall they be payable out of any funds other than 25 those appropriated by the state to such authorized issuer for debt 26 service and related expenses pursuant to any service contract executed 27 pursuant to subdivision (b) of this section and such bonds and notes 28 shall contain on the face thereof a statement to such effect. Except for 29 purposes of complying with the internal revenue code, any interest 30 income earned on bond proceeds shall only be used to pay debt service on 31 such bonds. 32 § 40. Section 53 of section 1 of chapter 174 of the laws of 1968, 33 constituting the New York state urban development corporation act, as 34 amended by section 35 of part JJJ of chapter 59 of the laws of 2021, is 35 amended to read as follows: 36 § 53. 1. Notwithstanding the provisions of any other law to the 37 contrary, the dormitory authority and the urban development corporation 38 are hereby authorized to issue bonds or notes in one or more series for 39 the purpose of funding project costs for the acquisition of equipment, 40 including but not limited to the creation or modernization of informa- 41 tion technology systems and related research and development equipment, 42 health and safety equipment, heavy equipment and machinery, the creation 43 or improvement of security systems, and laboratory equipment and other 44 state costs associated with such capital projects. The aggregate princi- 45 pal amount of bonds authorized to be issued pursuant to this section 46 shall not exceed [two hundred ninety-three million dollars $293,000,000] 47 three hundred ninety-three million dollars $393,000,000, excluding bonds 48 issued to fund one or more debt service reserve funds, to pay costs of 49 issuance of such bonds, and bonds or notes issued to refund or otherwise 50 repay such bonds or notes previously issued. Such bonds and notes of the 51 dormitory authority and the urban development corporation shall not be a 52 debt of the state, and the state shall not be liable thereon, nor shall 53 they be payable out of any funds other than those appropriated by the 54 state to the dormitory authority and the urban development corporation 55 for principal, interest, and related expenses pursuant to a service 56 contract and such bonds and notes shall contain on the face thereof aS. 8006--C 298 A. 9006--C 1 statement to such effect. Except for purposes of complying with the 2 internal revenue code, any interest income earned on bond proceeds shall 3 only be used to pay debt service on such bonds. 4 2. Notwithstanding any other provision of law to the contrary, in 5 order to assist the dormitory authority and the urban development corpo- 6 ration in undertaking the financing for project costs for the acquisi- 7 tion of equipment, including but not limited to the creation or modern- 8 ization of information technology systems and related research and 9 development equipment, health and safety equipment, heavy equipment and 10 machinery, the creation or improvement of security systems, and labora- 11 tory equipment and other state costs associated with such capital 12 projects, the director of the budget is hereby authorized to enter into 13 one or more service contracts with the dormitory authority and the urban 14 development corporation, none of which shall exceed thirty years in 15 duration, upon such terms and conditions as the director of the budget 16 and the dormitory authority and the urban development corporation agree, 17 so as to annually provide to the dormitory authority and the urban 18 development corporation, in the aggregate, a sum not to exceed the prin- 19 cipal, interest, and related expenses required for such bonds and notes. 20 Any service contract entered into pursuant to this section shall provide 21 that the obligation of the state to pay the amount therein provided 22 shall not constitute a debt of the state within the meaning of any 23 constitutional or statutory provision and shall be deemed executory only 24 to the extent of monies available and that no liability shall be 25 incurred by the state beyond the monies available for such purpose, 26 subject to annual appropriation by the legislature. Any such contract or 27 any payments made or to be made thereunder may be assigned and pledged 28 by the dormitory authority and the urban development corporation as 29 security for its bonds and notes, as authorized by this section. 30 § 41. Subdivision (b) of section 11 of chapter 329 of the laws of 31 1991, amending the state finance law and other laws relating to the 32 establishment of the dedicated highway and bridge trust fund, as amended 33 by section 36 of part JJJ of chapter 59 of the laws of 2021, is amended 34 to read as follows: 35 (b) Any service contract or contracts for projects authorized pursuant 36 to sections 10-c, 10-f, 10-g and 80-b of the highway law and section 37 14-k of the transportation law, and entered into pursuant to subdivision 38 (a) of this section, shall provide for state commitments to provide 39 annually to the thruway authority a sum or sums, upon such terms and 40 conditions as shall be deemed appropriate by the director of the budget, 41 to fund, or fund the debt service requirements of any bonds or any obli- 42 gations of the thruway authority issued to fund or to reimburse the 43 state for funding such projects having a cost not in excess of [twelve44billion two hundred sixty million five hundred twenty-eight thousand45dollars $12,260,528,000] thirteen billion fifty-three million eight 46 hundred eighty-one thousand dollars $13,053,881,000 cumulatively by the 47 end of fiscal year [2021-22] 2022-23. For purposes of this subdivision, 48 such projects shall be deemed to include capital grants to cities, towns 49 and villages for the reimbursement of eligible capital costs of local 50 highway and bridge projects within such municipality, where allocations 51 to cities, towns and villages are based on the total number of New York 52 or United States or interstate signed touring route miles for which such 53 municipality has capital maintenance responsibility, and where such 54 eligible capital costs include the costs of construction and repair of 55 highways, bridges, highway-railroad crossings, and other transportation 56 facilities for projects with a service life of ten years or more.S. 8006--C 299 A. 9006--C 1 § 42. Subdivision 1 of section 1689-i of the public authorities law, 2 as amended by section 37 of part JJJ of chapter 59 of the laws of 2021, 3 is amended to read as follows: 4 1. The dormitory authority is authorized to issue bonds, at the 5 request of the commissioner of education, to finance eligible library 6 construction projects pursuant to section two hundred seventy-three-a of 7 the education law, in amounts certified by such commissioner not to 8 exceed a total principal amount of [two hundred ninety-nine million9dollars $299,000,000] three hundred thirty-three million dollars 10 $333,000,000. 11 § 43. Section 44 of section 1 of chapter 174 of the laws of 1968, 12 constituting the New York state urban development corporation act, as 13 amended by section 38 of part JJJ of chapter 59 of the laws of 2021, is 14 amended to read as follows: 15 § 44. Issuance of certain bonds or notes. 1. Notwithstanding the 16 provisions of any other law to the contrary, the dormitory authority and 17 the corporation are hereby authorized to issue bonds or notes in one or 18 more series for the purpose of funding project costs for the regional 19 economic development council initiative, the economic transformation 20 program, state university of New York college for nanoscale and science 21 engineering, projects within the city of Buffalo or surrounding envi- 22 rons, the New York works economic development fund, projects for the 23 retention of professional football in western New York, the empire state 24 economic development fund, the clarkson-trudeau partnership, the New 25 York genome center, the cornell university college of veterinary medi- 26 cine, the olympic regional development authority, projects at nano 27 Utica, onondaga county revitalization projects, Binghamton university 28 school of pharmacy, New York power electronics manufacturing consortium, 29 regional infrastructure projects, high tech innovation and economic 30 development infrastructure program, high technology manufacturing 31 projects in Chautauqua and Erie county, an industrial scale research and 32 development facility in Clinton county, upstate revitalization initi- 33 ative projects, downstate revitalization initiative, market New York 34 projects, fairground buildings, equipment or facilities used to house 35 and promote agriculture, the state fair, the empire state trail, the 36 moynihan station development project, the Kingsbridge armory project, 37 strategic economic development projects, the cultural, arts and public 38 spaces fund, water infrastructure in the city of Auburn and town of 39 Owasco, a life sciences laboratory public health initiative, not-for- 40 profit pounds, shelters and humane societies, arts and cultural facili- 41 ties improvement program, restore New York's communities initiative, 42 heavy equipment, economic development and infrastructure projects, 43 Roosevelt Island operating corporation capital projects, Lake Ontario 44 regional projects, Pennsylvania station and other transit projects, 45 athletic facilities for professional football in Orchard Park, New York 46 and other state costs associated with such projects. The aggregate prin- 47 cipal amount of bonds authorized to be issued pursuant to this section 48 shall not exceed [eleven billion two hundred seventy-nine million two49hundred two thousand dollars $11,279,202,000] fourteen billion nine 50 hundred sixty-eight million four hundred two thousand dollars 51 $14,968,402,000, excluding bonds issued to fund one or more debt service 52 reserve funds, to pay costs of issuance of such bonds, and bonds or 53 notes issued to refund or otherwise repay such bonds or notes previously 54 issued. Such bonds and notes of the dormitory authority and the corpo- 55 ration shall not be a debt of the state, and the state shall not be 56 liable thereon, nor shall they be payable out of any funds other thanS. 8006--C 300 A. 9006--C 1 those appropriated by the state to the dormitory authority and the 2 corporation for principal, interest, and related expenses pursuant to a 3 service contract and such bonds and notes shall contain on the face 4 thereof a statement to such effect. Except for purposes of complying 5 with the internal revenue code, any interest income earned on bond 6 proceeds shall only be used to pay debt service on such bonds. 7 2. Notwithstanding any other provision of law to the contrary, in 8 order to assist the dormitory authority and the corporation in undertak- 9 ing the financing for project costs for the regional economic develop- 10 ment council initiative, the economic transformation program, state 11 university of New York college for nanoscale and science engineering, 12 projects within the city of Buffalo or surrounding environs, the New 13 York works economic development fund, projects for the retention of 14 professional football in western New York, the empire state economic 15 development fund, the clarkson-trudeau partnership, the New York genome 16 center, the cornell university college of veterinary medicine, the olym- 17 pic regional development authority, projects at nano Utica, onondaga 18 county revitalization projects, Binghamton university school of pharma- 19 cy, New York power electronics manufacturing consortium, regional 20 infrastructure projects, New York State Capital Assistance Program for 21 Transportation, infrastructure, and economic development, high tech 22 innovation and economic development infrastructure program, high tech- 23 nology manufacturing projects in Chautauqua and Erie county, an indus- 24 trial scale research and development facility in Clinton county, upstate 25 revitalization initiative projects, downstate revitalization initiative, 26 market New York projects, fairground buildings, equipment or facilities 27 used to house and promote agriculture, the state fair, the empire state 28 trail, the moynihan station development project, the Kingsbridge armory 29 project, strategic economic development projects, the cultural, arts and 30 public spaces fund, water infrastructure in the city of Auburn and town 31 of Owasco, a life sciences laboratory public health initiative, not-for- 32 profit pounds, shelters and humane societies, arts and cultural facili- 33 ties improvement program, restore New York's communities initiative, 34 heavy equipment, economic development and infrastructure projects, 35 Roosevelt Island operating corporation capital projects, Lake Ontario 36 regional projects, Pennsylvania station and other transit projects, 37 athletic facilities for professional football in Orchard Park, New York 38 and other state costs associated with such projects the director of the 39 budget is hereby authorized to enter into one or more service contracts 40 with the dormitory authority and the corporation, none of which shall 41 exceed thirty years in duration, upon such terms and conditions as the 42 director of the budget and the dormitory authority and the corporation 43 agree, so as to annually provide to the dormitory authority and the 44 corporation, in the aggregate, a sum not to exceed the principal, inter- 45 est, and related expenses required for such bonds and notes. Any service 46 contract entered into pursuant to this section shall provide that the 47 obligation of the state to pay the amount therein provided shall not 48 constitute a debt of the state within the meaning of any constitutional 49 or statutory provision and shall be deemed executory only to the extent 50 of monies available and that no liability shall be incurred by the state 51 beyond the monies available for such purpose, subject to annual appro- 52 priation by the legislature. Any such contract or any payments made or 53 to be made thereunder may be assigned and pledged by the dormitory 54 authority and the corporation as security for its bonds and notes, as 55 authorized by this section.S. 8006--C 301 A. 9006--C 1 § 44. Subdivision 1 of section 386-b of the public authorities law, as 2 amended by section 39 of part JJJ of chapter 59 of the laws of 2021, is 3 amended to read as follows: 4 1. Notwithstanding any other provision of law to the contrary, the 5 authority, the dormitory authority and the urban development corporation 6 are hereby authorized to issue bonds or notes in one or more series for 7 the purpose of financing peace bridge projects and capital costs of 8 state and local highways, parkways, bridges, the New York state thruway, 9 Indian reservation roads, and facilities, and transportation infrastruc- 10 ture projects including aviation projects, non-MTA mass transit 11 projects, and rail service preservation projects, including work appur- 12 tenant and ancillary thereto. The aggregate principal amount of bonds 13 authorized to be issued pursuant to this section shall not exceed [eight14billion eight hundred thirty-nine million nine hundred sixty-three thou-15sand dollars $8,839,963,000] ten billion one hundred forty-seven million 16 eight hundred sixty-three thousand dollars $10,147,863,000, excluding 17 bonds issued to fund one or more debt service reserve funds, to pay 18 costs of issuance of such bonds, and to refund or otherwise repay such 19 bonds or notes previously issued. Such bonds and notes of the authori- 20 ty, the dormitory authority and the urban development corporation shall 21 not be a debt of the state, and the state shall not be liable thereon, 22 nor shall they be payable out of any funds other than those appropriated 23 by the state to the authority, the dormitory authority and the urban 24 development corporation for principal, interest, and related expenses 25 pursuant to a service contract and such bonds and notes shall contain on 26 the face thereof a statement to such effect. Except for purposes of 27 complying with the internal revenue code, any interest income earned on 28 bond proceeds shall only be used to pay debt service on such bonds. 29 § 45. Paragraph (a) of subdivision 2 of section 47-e of the private 30 housing finance law, as amended by section 40 of part JJJ of chapter 59 31 of the laws of 2021, is amended to read as follows: 32 (a) Subject to the provisions of chapter fifty-nine of the laws of two 33 thousand, in order to enhance and encourage the promotion of housing 34 programs and thereby achieve the stated purposes and objectives of such 35 housing programs, the agency shall have the power and is hereby author- 36 ized from time to time to issue negotiable housing program bonds and 37 notes in such principal amount as shall be necessary to provide suffi- 38 cient funds for the repayment of amounts disbursed (and not previously 39 reimbursed) pursuant to law or any prior year making capital appropri- 40 ations or reappropriations for the purposes of the housing program; 41 provided, however, that the agency may issue such bonds and notes in an 42 aggregate principal amount not exceeding [seven billion five hundred43forty-five million one hundred seven thousand dollars $7,545,107,000] 44 thirteen billion eighty-two million eight hundred ninety-one thousand 45 dollars $13,082,891,000, plus a principal amount of bonds issued to fund 46 the debt service reserve fund in accordance with the debt service 47 reserve fund requirement established by the agency and to fund any other 48 reserves that the agency reasonably deems necessary for the security or 49 marketability of such bonds and to provide for the payment of fees and 50 other charges and expenses, including underwriters' discount, trustee 51 and rating agency fees, bond insurance, credit enhancement and liquidity 52 enhancement related to the issuance of such bonds and notes. No reserve 53 fund securing the housing program bonds shall be entitled or eligible to 54 receive state funds apportioned or appropriated to maintain or restore 55 such reserve fund at or to a particular level, except to the extent of 56 any deficiency resulting directly or indirectly from a failure of theS. 8006--C 302 A. 9006--C 1 state to appropriate or pay the agreed amount under any of the contracts 2 provided for in subdivision four of this section. 3 § 46. Subdivision 1 of section 50 of section 1 of chapter 174 of the 4 laws of 1968, constituting the New York state urban development corpo- 5 ration act, as amended by section 41 of part JJJ of chapter 59 of the 6 laws of 2021, is amended to read as follows: 7 1. Notwithstanding the provisions of any other law to the contrary, 8 the dormitory authority and the urban development corporation are hereby 9 authorized to issue bonds or notes in one or more series for the purpose 10 of funding project costs undertaken by or on behalf of the state educa- 11 tion department, special act school districts, state-supported schools 12 for the blind and deaf, approved private special education schools, 13 non-public schools, community centers, day care facilities, residential 14 camps, day camps, Native American Indian Nation schools, and other state 15 costs associated with such capital projects. The aggregate principal 16 amount of bonds authorized to be issued pursuant to this section shall 17 not exceed [two hundred thirty-six million dollars $236,000,000] three 18 hundred one million seven hundred thousand dollars $301,700,000, exclud- 19 ing bonds issued to fund one or more debt service reserve funds, to pay 20 costs of issuance of such bonds, and bonds or notes issued to refund or 21 otherwise repay such bonds or notes previously issued. Such bonds and 22 notes of the dormitory authority and the urban development corporation 23 shall not be a debt of the state, and the state shall not be liable 24 thereon, nor shall they be payable out of any funds other than those 25 appropriated by the state to the dormitory authority and the urban 26 development corporation for principal, interest, and related expenses 27 pursuant to a service contract and such bonds and notes shall contain on 28 the face thereof a statement to such effect. Except for purposes of 29 complying with the internal revenue code, any interest income earned on 30 bond proceeds shall only be used to pay debt service on such bonds. 31 § 47. Subdivision 1 of section 47 of section 1 of chapter 174 of the 32 laws of 1968, constituting the New York state urban development corpo- 33 ration act, as amended by section 42 of part JJJ of chapter 59 of the 34 laws of 2021, is amended to read as follows: 35 1. Notwithstanding the provisions of any other law to the contrary, 36 the dormitory authority and the corporation are hereby authorized to 37 issue bonds or notes in one or more series for the purpose of funding 38 project costs for the office of information technology services, depart- 39 ment of law, and other state costs associated with such capital 40 projects. The aggregate principal amount of bonds authorized to be 41 issued pursuant to this section shall not exceed [nine hundred seventy-42four million two hundred fifty-four thousand dollars $974,254,000] one 43 billion one hundred fifty-two million five hundred sixty-six thousand 44 dollars $1,152,566,000 excluding bonds issued to fund one or more debt 45 service reserve funds, to pay costs of issuance of such bonds, and bonds 46 or notes issued to refund or otherwise repay such bonds or notes previ- 47 ously issued. Such bonds and notes of the dormitory authority and the 48 corporation shall not be a debt of the state, and the state shall not be 49 liable thereon, nor shall they be payable out of any funds other than 50 those appropriated by the state to the dormitory authority and the 51 corporation for principal, interest, and related expenses pursuant to a 52 service contract and such bonds and notes shall contain on the face 53 thereof a statement to such effect. Except for purposes of complying 54 with the internal revenue code, any interest income earned on bond 55 proceeds shall only be used to pay debt service on such bonds.S. 8006--C 303 A. 9006--C 1 § 48. Paragraph (b) of subdivision 1 of section 385 of the public 2 authorities law, as amended by section 43 of part JJJ of chapter 59 of 3 the laws of 2021, is amended to read as follows: 4 (b) The authority is hereby authorized, as additional corporate 5 purposes thereof solely upon the request of the director of the budget: 6 (i) to issue special emergency highway and bridge trust fund bonds and 7 notes for a term not to exceed thirty years and to incur obligations 8 secured by the moneys appropriated from the dedicated highway and bridge 9 trust fund established in section eighty-nine-b of the state finance 10 law; (ii) to make available the proceeds in accordance with instructions 11 provided by the director of the budget from the sale of such special 12 emergency highway and bridge trust fund bonds, notes or other obli- 13 gations, net of all costs to the authority in connection therewith, for 14 the purposes of financing all or a portion of the costs of activities 15 for which moneys in the dedicated highway and bridge trust fund estab- 16 lished in section eighty-nine-b of the state finance law are authorized 17 to be utilized or for the financing of disbursements made by the state 18 for the activities authorized pursuant to section eighty-nine-b of the 19 state finance law; and (iii) to enter into agreements with the commis- 20 sioner of transportation pursuant to section ten-e of the highway law 21 with respect to financing for any activities authorized pursuant to 22 section eighty-nine-b of the state finance law, or agreements with the 23 commissioner of transportation pursuant to sections ten-f and ten-g of 24 the highway law in connection with activities on state highways pursuant 25 to these sections, and (iv) to enter into service contracts, contracts, 26 agreements, deeds and leases with the director of the budget or the 27 commissioner of transportation and project sponsors and others to 28 provide for the financing by the authority of activities authorized 29 pursuant to section eighty-nine-b of the state finance law, and each of 30 the director of the budget and the commissioner of transportation are 31 hereby authorized to enter into service contracts, contracts, agree- 32 ments, deeds and leases with the authority, project sponsors or others 33 to provide for such financing. The authority shall not issue any bonds 34 or notes in an amount in excess of [eighteen billion one hundred fifty35million dollars $18,150,000,000] nineteen billion seven hundred seven- 36 ty-six million nine hundred twenty thousand dollars $19,776,920,000, 37 plus a principal amount of bonds or notes: (A) to fund capital reserve 38 funds; (B) to provide capitalized interest; and, (C) to fund other costs 39 of issuance. In computing for the purposes of this subdivision, the 40 aggregate amount of indebtedness evidenced by bonds and notes of the 41 authority issued pursuant to this section, as amended by a chapter of 42 the laws of nineteen hundred ninety-six, there shall be excluded the 43 amount of bonds or notes issued that would constitute interest under the 44 United States Internal Revenue Code of 1986, as amended, and the amount 45 of indebtedness issued to refund or otherwise repay bonds or notes. 46 § 49. Subdivision 1 of section 386-a of the public authorities law, as 47 amended by section 44 of part JJJ of chapter 59 of the laws of 2021, is 48 amended to read as follows: 49 1. Notwithstanding any other provision of law to the contrary, the 50 authority, the dormitory authority and the urban development corporation 51 are hereby authorized to issue bonds or notes in one or more series for 52 the purpose of assisting the metropolitan transportation authority in 53 the financing of transportation facilities as defined in subdivision 54 seventeen of section twelve hundred sixty-one of this chapter or other 55 capital projects. The aggregate principal amount of bonds authorized to 56 be issued pursuant to this section shall not exceed twelve billion fiveS. 8006--C 304 A. 9006--C 1 hundred fifteen million eight hundred fifty-six thousand dollars 2 $12,515,856,000, excluding bonds issued to fund one or more debt service 3 reserve funds, to pay costs of issuance of such bonds, and to refund or 4 otherwise repay such bonds or notes previously issued. Such bonds and 5 notes of the authority, the dormitory authority and the urban develop- 6 ment corporation shall not be a debt of the state, and the state shall 7 not be liable thereon, nor shall they be payable out of any funds other 8 than those appropriated by the state to the authority, the dormitory 9 authority and the urban development corporation for principal, interest, 10 and related expenses pursuant to a service contract and such bonds and 11 notes shall contain on the face thereof a statement to such effect. 12 Except for purposes of complying with the internal revenue code, any 13 interest income earned on bond proceeds shall only be used to pay debt 14 service on such bonds. Notwithstanding any other provision of law to the 15 contrary, including the limitations contained in subdivision four of 16 section sixty-seven-b of the state finance law, (A) any bonds and notes 17 issued prior to April first, two thousand [twenty-two] twenty-three 18 pursuant to this section may be issued with a maximum maturity of fifty 19 years, and (B) any bonds issued to refund such bonds and notes may be 20 issued with a maximum maturity of fifty years from the respective date 21 of original issuance of such bonds and notes. 22 § 50. Subdivision 1 of section 1680-r of the public authorities law, 23 as amended by section 47 of part JJJ of chapter 59 of the laws of 2021, 24 is amended to read as follows: 25 1. Notwithstanding the provisions of any other law to the contrary, 26 the dormitory authority and the urban development corporation are hereby 27 authorized to issue bonds or notes in one or more series for the purpose 28 of funding project costs for the capital restructuring financing program 29 for health care and related facilities licensed pursuant to the public 30 health law or the mental hygiene law and other state costs associated 31 with such capital projects, the health care facility transformation 32 programs, the essential health care provider program, and other health 33 care capital project costs. The aggregate principal amount of bonds 34 authorized to be issued pursuant to this section shall not exceed [three35billion fifty-three million dollars $3,053,000,000] four billion six 36 hundred fifty-three million dollars $4,653,000,000, excluding bonds 37 issued to fund one or more debt service reserve funds, to pay costs of 38 issuance of such bonds, and bonds or notes issued to refund or otherwise 39 repay such bonds or notes previously issued. Such bonds and notes of the 40 dormitory authority and the urban development corporation shall not be a 41 debt of the state, and the state shall not be liable thereon, nor shall 42 they be payable out of any funds other than those appropriated by the 43 state to the dormitory authority and the urban development corporation 44 for principal, interest, and related expenses pursuant to a service 45 contract and such bonds and notes shall contain on the face thereof a 46 statement to such effect. Except for purposes of complying with the 47 internal revenue code, any interest income earned on bond proceeds shall 48 only be used to pay debt service on such bonds. 49 § 51. Subdivision 1 of section 1680-k of the public authorities law, 50 as amended by section 62 of part BBB of chapter 59 of the laws of 2018, 51 is amended to read as follows: 52 1. Subject to the provisions of chapter fifty-nine of the laws of two 53 thousand, but notwithstanding any provisions of law to the contrary, the 54 dormitory authority is hereby authorized to issue bonds or notes in one 55 or more series in an aggregate principal amount not to exceed forty 56 million [seven hundred fifteen thousand dollars] eight hundred thirtyS. 8006--C 305 A. 9006--C 1 thousand dollars ($40,830,000) excluding bonds issued to finance one or 2 more debt service reserve funds, to pay costs of issuance of such bonds, 3 and bonds or notes issued to refund or otherwise repay such bonds or 4 notes previously issued, for the purpose of financing the construction 5 of the New York state agriculture and markets food laboratory. Eligible 6 project costs may include, but not be limited to the cost of design, 7 financing, site investigations, site acquisition and preparation, demo- 8 lition, construction, rehabilitation, acquisition of machinery and 9 equipment, and infrastructure improvements. Such bonds and notes of such 10 authorized issuers shall not be a debt of the state, and the state shall 11 not be liable thereon, nor shall they be payable out of any funds other 12 than those appropriated by the state to such authorized issuers for debt 13 service and related expenses pursuant to any service contract executed 14 pursuant to subdivision two of this section and such bonds and notes 15 shall contain on the face thereof a statement to such effect. Except for 16 purposes of complying with the internal revenue code, any interest 17 income earned on bond proceeds shall only be used to pay debt service on 18 such bonds. 19 § 52. Paragraph (b) of subdivision 3 and clause (B) of subparagraph 20 (iii) of paragraph (j) of subdivision 4 of section 1 of part D of chap- 21 ter 63 of the laws of 2005 relating to the composition and responsibil- 22 ities of the New York state higher education capital matching grant 23 board, as amended by section 7 of part K of chapter 39 of the laws of 24 2019, are amended to read as follows: 25 (b) Within amounts appropriated therefor, the board is hereby author- 26 ized and directed to award matching capital grants totaling [three27hundred million dollars, $300,000,000] three hundred forty-five million 28 dollars $345,000,000. Each college shall be eligible for a grant award 29 amount as determined by the calculations pursuant to subdivision five of 30 this section. In addition, such colleges shall be eligible to compete 31 for additional funds pursuant to paragraph (h) of subdivision four of 32 this section. 33 (B) The dormitory authority shall not issue any bonds or notes in an 34 amount in excess of [three hundred million dollars, $300,000,000] three 35 hundred forty-five million dollars $345,000,000 for the purposes of this 36 section; excluding bonds or notes issued to fund one or more debt 37 service reserve funds, to pay costs of issuance of such bonds, and bonds 38 or notes issued to refund or otherwise repay such bonds or notes previ- 39 ously issued. Except for purposes of complying with the internal revenue 40 code, any interest on bond proceeds shall only be used to pay debt 41 service on such bonds. 42 § 53. Subdivision 1 of section 51 of section 1 of chapter 174 of the 43 laws of 1968, constituting the New York state urban development corpo- 44 ration act, as amended by section 42-c of part XXX of chapter 59 of the 45 laws of 2017, is amended to read as follows: 46 1. Notwithstanding the provisions of any other law to the contrary, 47 the dormitory authority and the urban development corporation are hereby 48 authorized to issue bonds or notes in one or more series for the purpose 49 of funding project costs for the nonprofit infrastructure capital 50 investment program and other state costs associated with such capital 51 projects. The aggregate principal amount of bonds authorized to be 52 issued pursuant to this section shall not exceed [one hundred twenty53million dollars] one hundred seventy million dollars $170,000,000, 54 excluding bonds issued to fund one or more debt service reserve funds, 55 to pay costs of issuance of such bonds, and bonds or notes issued to 56 refund or otherwise repay such bonds or notes previously issued. SuchS. 8006--C 306 A. 9006--C 1 bonds and notes of the dormitory authority and the urban development 2 corporation shall not be a debt of the state, and the state shall not be 3 liable thereon, nor shall they be payable out of any funds other than 4 those appropriated by the state to the dormitory authority and the urban 5 development corporation for principal, interest, and related expenses 6 pursuant to a service contract and such bonds and notes shall contain on 7 the face thereof a statement to such effect. Except for purposes of 8 complying with the internal revenue code, any interest income earned on 9 bond proceeds shall only be used to pay debt service on such bonds. 10 § 54. Section 1 of chapter 174 of the laws of 1968, constituting the 11 New York state urban development corporation act, is amended by adding a 12 new section 54-b to read as follows: 13 § 54-b. Personal income tax notes. 1. Findings and declaration of 14 need. (a) The state of New York finds and determines that shortfalls in 15 the state's financial plan arising from adverse economic and fiscal 16 events and risks, disasters and emergencies, including but not limited 17 to, public health emergencies, may occur or develop, and that the finan- 18 cial impact of such events, risks, disasters and emergencies could be 19 prudently mitigated by certain fiscal management authorization measures 20 being legislatively authorized and established. 21 (b) Notwithstanding any other provision of law to the contrary, 22 including, specifically, the provisions of chapter 59 of the laws of 23 2000 and section sixty-seven-b of the state finance law, the dormitory 24 authority of the state of New York and the corporation are hereby 25 authorized to issue personal income tax revenue anticipation notes with 26 a maturity no later than March 31, 2023, in one or more series in an 27 aggregate principal amount for each fiscal year not to exceed three 28 billion dollars, and to pay costs of issuance of such notes, for the 29 purpose of temporarily financing budgetary needs of the state. Such 30 purpose shall constitute an authorized purpose under subdivision two of 31 section sixty-eight-a of the state finance law for all purposes of arti- 32 cle five-C of the state finance law with respect to the notes authorized 33 by this paragraph. Such notes shall not be renewed, extended or 34 refunded. For so long as any notes authorized by this paragraph shall be 35 outstanding, the restrictions, limitations and requirements contained in 36 article five-B of the state finance law shall not apply. 37 (c) Such notes of the dormitory authority and the corporation shall 38 not be a debt of the state, and the state shall not be liable thereon, 39 nor shall they be payable out of any funds other than those appropriated 40 by the state to the dormitory authority and the corporation for debt 41 service and related expenses pursuant to any financing agreement 42 described in paragraph (d) of this subdivision, and such notes shall 43 contain on the face thereof a statement to such effect. Such notes shall 44 be issued on a subordinate basis and shall be secured by subordinate 45 payments from the revenue bond tax fund established pursuant to section 46 ninety-two-z of the state finance law. Except for purposes of complying 47 with the internal revenue code, any interest income earned on note 48 proceeds shall only be used to pay debt service on such notes. All of 49 the provisions of the state finance law, the dormitory authority act and 50 this act relating to notes and bonds which are not inconsistent with the 51 provisions of this section shall apply to notes authorized by paragraph 52 (b) of this subdivision, including but not limited to the power to 53 establish adequate reserves therefor, subject to the final maturity 54 limitation for such notes set forth in paragraph (b) of this subdivi- 55 sion. The issuance of any notes authorized by paragraph (b) of thisS. 8006--C 307 A. 9006--C 1 subdivision shall further be subject to the approval of the director of 2 the division of the budget. 3 (d) Notwithstanding any other law, rule or regulation to the contrary 4 but subject to the limitations contained in paragraph (b) of this subdi- 5 vision, in order to assist the dormitory authority and the corporation 6 in undertaking the administration and financing of such notes, the 7 director of the budget is hereby authorized to supplement any existing 8 financing agreement with the dormitory authority and/or the corporation, 9 or to enter into a new financing agreement with the dormitory authority 10 and/or the corporation, upon such terms and conditions as the director 11 of the budget and the dormitory authority and the corporation shall 12 agree, so as to provide to the dormitory authority and the corporation, 13 a sum not to exceed the debt service payments and related expenses 14 required for any notes issued pursuant to paragraph (b) of this subdivi- 15 sion. Any financing agreement supplemented or entered into pursuant to 16 this section shall provide that the obligation of the state to pay the 17 amount therein provided shall not constitute a debt of the state within 18 the meaning of any constitutional or statutory provision and shall be 19 deemed executory only to the extent of monies available and that no 20 liability shall be incurred by the state beyond the monies available for 21 such purposes, subject to annual appropriation by the legislature. Any 22 such financing agreement or any payments made or to be made thereunder 23 may be assigned or pledged by the dormitory authority and the corpo- 24 ration as security for the notes authorized by paragraph (b) of this 25 subdivision. 26 (e) Notwithstanding any other provision of law to the contrary, 27 including specifically the provisions of subdivision 3 of section 67-b 28 of the state finance law, no capital work or purpose shall be required 29 for any issuance of personal income tax revenue anticipation notes 30 issued by the dormitory authority and the corporation pursuant to para- 31 graph (b) of this subdivision. 32 (f) Notwithstanding any other law, rule, or regulation to the contra- 33 ry, the comptroller is hereby authorized and directed to deposit to the 34 credit of the general fund, all proceeds of personal income tax revenue 35 anticipation notes issued by the dormitory authority and the New York 36 state urban development corporation pursuant to paragraph (b) of this 37 subdivision. 38 2. Effect of inconsistent provisions. Insofar as the provisions of 39 this section are inconsistent with the provisions of any other law, 40 general, special, or local, the provisions of this section shall be 41 controlling. 42 3. Severability; construction. The provisions of this section shall be 43 severable, and if the application of any clause, sentence, paragraph, 44 subdivision, section or part of this section to any person or circum- 45 stance shall be adjudged by any court of competent jurisdiction to be 46 invalid, such judgment shall not necessarily affect, impair or invali- 47 date the application of any such clause, sentence, paragraph, subdivi- 48 sion, section, part of this section or remainder thereof, as the case 49 may be, to any other person or circumstance, but shall be confined in 50 its operation to the clause, sentence, paragraph, subdivision, section 51 or part thereof directly involved in the controversy in which such judg- 52 ment shall have been rendered. 53 § 55. Section 1 of chapter 174 of the laws of 1968, constituting the 54 New York state urban development corporation act, is amended by adding a 55 new section 55-b to read as follows:S. 8006--C 308 A. 9006--C 1 § 55-b. Line of credit facilities. 1. Findings and declaration of 2 need. (a) The state of New York finds and determines that shortfalls in 3 the state's financial plan arising from adverse economic and fiscal 4 events and risks, disasters and emergencies, including but not limited 5 to, public health emergencies, may occur or develop, and that the finan- 6 cial impact of such events, risks, disasters and emergencies could be 7 prudently mitigated by certain fiscal management authorization measures 8 being legislatively authorized and established. 9 (b) Definitions. When used in this subdivision: 10 (i) "Line of credit facility" shall mean one or more revolving credit 11 commitment arrangements between the dormitory authority of the state of 12 New York and/or the urban development corporation with an individual 13 financial institution or a consortium of financial institutions for the 14 purpose of assisting the state to temporarily finance its budgetary 15 needs. 16 (ii) "Related expenses and fees" shall mean interest costs, commitment 17 fees and other costs, expenses and fees incurred in connection with a 18 line of credit facility and/or a service contract or other agreement of 19 the state securing such line of credit facility that contractually obli- 20 gates the state to pay debt service subject to an appropriation. 21 (c) Notwithstanding any other provision of law to the contrary, 22 including, specifically, the provisions of chapter 59 of the laws of 23 2000 and section 67-b of the state finance law, the dormitory authority 24 of the state of New York and the urban development corporation are 25 authorized until March 31, 2023 to: (i) enter into one or more line of 26 credit facilities not in excess of two billion dollars in aggregate 27 principal amount; (ii) draw, at one or more times at the direction of 28 the director of the budget, upon such line of credit facilities and 29 provide to the state the amounts so drawn for the purpose of assisting 30 the state to temporarily finance its budgetary needs; provided, however, 31 that the total principal amounts of such draws for each fiscal year 32 shall not exceed two billion dollars; and (iii) secure repayment of all 33 draws under such line of credit facilities and the payment of related 34 expenses and fees, which repayment and payment obligations shall not 35 constitute a debt of the state within the meaning of any constitutional 36 or statutory provision and shall be deemed executory only to the extent 37 moneys are available and that no liability shall be incurred by the 38 state beyond the moneys available for such purpose, and that such 39 payment obligation is subject to annual appropriation by the legisla- 40 ture. Any line of credit facility agreements entered into by the dormi- 41 tory authority of the state of New York and/or the urban development 42 corporation with financial institutions pursuant to this section may 43 contain such provisions that the dormitory authority of the state of New 44 York and/or the urban development corporation deem necessary or desira- 45 ble for the establishment of such credit facilities. The maximum term of 46 any line of credit facility shall be one year from the date of incur- 47 rence; provided however that no draw on any such line of credit facility 48 shall occur after March 31, 2023, and provided further that any such 49 line of credit facility whose term extends beyond March 31, 2023 shall 50 be supported by sufficient appropriation authority enacted by the legis- 51 lature that provides for the repayment of all amounts drawn and remain- 52 ing unpaid as of March 31, 2023, as well as the payment of related 53 expenses and fees incurred and to become due and payable by the dormito- 54 ry authority of the state of New York and/or the urban development 55 corporation.S. 8006--C 309 A. 9006--C 1 (d) Notwithstanding any other law, rule, or regulation to the contra- 2 ry, the comptroller is hereby authorized and directed to deposit to the 3 credit of the general fund, all amounts provided by the dormitory 4 authority of the state of New York and/or the urban development corpo- 5 ration to the state from draws made on any line of credit facility 6 authorized by paragraph (c) of this subdivision. 7 (e) Notwithstanding any other provision of law to the contrary, for so 8 long as any amounts under a line of credit facility authorized by para- 9 graph (c) of this subdivision are due and payable, such amounts shall 10 not constitute nor be treated as state-supported debt for purposes of 11 article 5-B of the state finance law. As applicable, all of the 12 provisions of the state finance law, the dormitory authority act and the 13 New York state urban development corporation act relating to notes and 14 bonds which are not inconsistent with the provisions of this section 15 shall apply to any line of credit facility established in accordance 16 with the authorization contained in paragraph (c) of this subdivision. 17 (f) Each draw on a line of credit facility authorized by paragraph (c) 18 of this subdivision shall only be made if the service contract or other 19 agreement entered into in connection with such line of credit facility 20 is supported by sufficient appropriation authority enacted by the legis- 21 lature to repay the amount of the draw and to pay the related expenses 22 and fees to become due and payable. Amounts repaid under a line of cred- 23 it facility may be re-borrowed under the same or another line of credit 24 facility authorized by paragraph (c) of this subdivision provided that 25 the legislature has enacted sufficient appropriation authority that 26 provides for the repayment of any such re-borrowed amounts and the 27 payment of the related expenses and fees to become due and payable. 28 Neither the dormitory authority of the state of New York nor the urban 29 development corporation shall have any financial liability for the 30 repayment of draws under any line of credit facility authorized by para- 31 graph (c) of this subdivision and the payment of the related expenses 32 and fees beyond the moneys received for such purpose under any service 33 contract or other agreement authorized by paragraph (g) of this subdivi- 34 sion. 35 (g) The director of the budget is authorized to enter into one or more 36 service contracts or other agreements, none of which shall exceed one 37 year in duration, with the dormitory authority of the state of New York 38 and/or the urban development corporation, upon such terms and conditions 39 as the director of the budget and dormitory authority of the state of 40 New York and/or the urban development corporation shall agree. Any 41 service contract or other agreement entered into pursuant to this para- 42 graph shall provide for state commitments to provide annually to the 43 dormitory authority of the state of New York and/or the urban develop- 44 ment corporation a sum or sums, upon such terms and conditions as shall 45 be deemed appropriate by the director of the budget and the dormitory 46 authority of the state of New York and/or the urban development corpo- 47 ration, to fund the payment of all amounts to become due and payable 48 under any line of credit facility. Any such service contract or other 49 agreement shall provide that the obligation of the director of the budg- 50 et or of the state to fund or to pay the amounts therein provided for 51 shall not constitute a debt of the state within the meaning of any 52 constitutional or statutory provision and shall be deemed executory only 53 to the extent moneys are available and that no liability shall be 54 incurred by the state beyond the moneys available for such purpose, and 55 that such obligation is subject to annual appropriation by the legisla- 56 ture.S. 8006--C 310 A. 9006--C 1 (h) Any service contract or other agreement entered into pursuant to 2 paragraph (g) of this subdivision or any payments made or to be made 3 thereunder may be assigned and pledged by the dormitory authority of the 4 state of New York and/or the urban development corporation as security 5 for any related payment obligation it may have with one or more finan- 6 cial institutions in connection with a line of credit facility author- 7 ized by paragraph (c) of this subdivision. 8 (i) In addition to the foregoing, the director of the budget, the 9 dormitory authority of the state of New York and the urban development 10 corporation shall each be authorized to enter into such other agreements 11 and to take or cause to be taken such additional actions as are neces- 12 sary or desirable to effectuate the purposes of the transactions contem- 13 plated by a line of credit facility and the related service contract or 14 other agreement, subject to the limitations and restrictions set forth 15 in this subdivision. 16 (j) No later than seven days after a draw occurs on a line of credit 17 facility, the director of the budget shall provide notification of such 18 draw to the president pro tempore of the senate and the speaker of the 19 assembly. 20 2. Effect of inconsistent provisions. Insofar as the provisions of 21 this section are inconsistent with the provisions of any other law, 22 general, special, or local, the provisions of this act shall be control- 23 ling. 24 3. Severability; construction. The provisions of this section shall be 25 severable, and if the application of any clause, sentence, paragraph, 26 subdivision, section or part of this section to any person or circum- 27 stance shall be adjudged by any court of competent jurisdiction to be 28 invalid, such judgment shall not necessarily affect, impair or invali- 29 date the application of any such clause, sentence, paragraph, subdivi- 30 sion, section, part of this section or remainder thereof, as the case 31 may be, to any other person or circumstance, but shall be confined in 32 its operation to the clause, sentence, paragraph, subdivision, section 33 or part thereof directly involved in the controversy in which such judg- 34 ment shall have been rendered. 35 § 56. Section 1 of chapter 174 of the laws of 1968, constituting the 36 New York state urban development corporation act, is amended by adding a 37 new section 58 to read as follows: 38 § 58. Gateway project. 1. Findings and declaration of need. The state 39 of New York finds and determines that providing funding for the passen- 40 ger rail transportation project commonly known as the gateway project, 41 is needed to preserve and improve the functionality and strengthen the 42 resiliency of long-distance and commuter rail infrastructure between the 43 state of New York and the state of New Jersey. 44 2. Definitions. When used in this section: 45 "Commission" shall mean the gateway development commission, a bi-state 46 commission and a body corporate and politic established by the state of 47 New Jersey and the state of New York, acting in the public interest and 48 exercising essential governmental functions in accordance with the Gate- 49 way development commission act, and any successor thereto. 50 "Federal transportation loan" shall mean one or more loans made to the 51 commission to finance the Hudson tunnel project under or pursuant to any 52 U.S. Department of Transportation program or act, including but not 53 limited to the Railroad Rehabilitation & Improvement Financing Program 54 or the Transportation Infrastructure Finance and Innovation Act, which 55 loan or loans are related to the state capital commitment.S. 8006--C 311 A. 9006--C 1 "Gateway development commission act" shall mean chapter 108 of the 2 laws of New York, 2019, as amended. 3 "Gateway project" shall mean the Hudson tunnel project. 4 "Hudson tunnel project" shall mean the project consisting of 5 construction of a tunnel connecting the states of New York and New 6 Jersey and the completion of certain ancillary facilities including 7 construction of concrete casing at Hudson Yards in Manhattan, New York 8 and the rehabilitation of the existing North River Tunnels. 9 "State capital commitment" shall mean an aggregate principal amount 10 not to exceed $2,350,000,000, plus any interest costs, including capi- 11 talized interest, and related expenses and fees payable by the state of 12 New York to the commission under one or more service contracts or other 13 agreements pursuant to this section, as well as any expenses of the 14 state incurred in connection therewith. 15 "Related expenses and fees" shall mean commitment fees and other 16 ancillary costs, expenses and fees incurred, and to become due and paya- 17 ble, by the commission in connection with the Federal transportation 18 loan. 19 3. Notwithstanding any other provision of law to the contrary, in 20 order to provide for the payment for the state capital commitment, the 21 director of the budget is hereby authorized to enter into one or more 22 service contracts or other agreements with the commission, none of which 23 shall exceed the maximum duration of the Federal transportation loan, 24 upon such terms and conditions as the director of the budget and commis- 25 sion agree, so as to provide to the commission, for each state fiscal 26 year, a sum not to exceed the amount required for the payment of the 27 state capital commitment for such fiscal year. Any such service contract 28 or other agreement shall provide that the obligation of the state to pay 29 the amount therein provided shall not constitute a debt of the state 30 within the meaning of any constitutional or statutory provision and 31 shall be deemed executory only to the extent of monies available, that 32 no liability shall be incurred by the state beyond the monies available 33 for such purpose, and that such obligation is subject to annual appro- 34 priation by the legislature. Any such service contract or other agree- 35 ment and any payments made or to be made thereunder may be assigned and 36 pledged by the commission as security for the repayment by the commis- 37 sion of the Federal transportation loan. 38 4. The director of the budget is also authorized to enter into such 39 other agreements and to take or cause to be taken such additional 40 actions as are necessary or desirable to effectuate the purposes of the 41 transactions contemplated by the state capital commitment provided for 42 herein and the service contract or other agreement authorized by subdi- 43 vision 3 of this section. 44 § 57. Subdivisions 4 and 5 of section 16 of part T of chapter 57 of 45 the laws of 2007, relating to providing for the administration of 46 certain funds and accounts related to the 2007-2008 budget, are 47 REPEALED. 48 § 58. Notwithstanding any law to the contrary, the comptroller is 49 hereby authorized and directed to transfer, upon request of the director 50 of the budget, on or before March 31, 2023, the following amounts from 51 the following special revenue accounts or enterprise funds to the gener- 52 al fund, for the purposes of offsetting principal and interest costs, 53 incurred by the state pursuant to section fifty-nine of this act, 54 provided that the annual amount of the transfer shall be no more than 55 the principal and interest that would have otherwise been due to the 56 power authority of the state of New York, from any state agency, in aS. 8006--C 312 A. 9006--C 1 given state fiscal year. Amounts pertaining to special revenue accounts 2 assigned to the state university of New York shall be considered inter- 3 changeable between the designated special revenue accounts as to meet 4 the requirements of this section and section fifty-nine of this act: 5 1. $7,000,000 from the miscellaneous special revenue fund, state 6 university general income reimbursable account (22653). 7 2. $7,000,000 from the miscellaneous special revenue fund, state 8 university dormitory income reimbursable account (21937). 9 3. $4,000,000 from the enterprise fund, city university senior college 10 operating fund (60851). 11 § 59. Section 1 of chapter 174 of the laws of 1968, constituting the 12 New York state urban development corporation act, is amended by adding a 13 new section 59 to read as follows: 14 § 59. The dormitory authority of the state of New York, the New York 15 state urban development corporation, and the New York state thruway 16 authority are hereby authorized to issue bonds in one or more series 17 under either article 5-C or article 5-F of the state finance law for the 18 purpose of refunding obligations of the power authority of the state of 19 New York to fund energy efficiency projects at state agencies including, 20 but not limited to, the state university of New York, city university of 21 New York, the New York state office of general services, New York state 22 office of mental health, state education department, and New York state 23 department of agriculture and markets. The aggregate principal amount 24 of bonds authorized to be issued pursuant to this section shall not 25 exceed two hundred million dollars ($200,000,000), excluding bonds 26 issued to pay costs of issuance of such bonds and to refund or otherwise 27 repay such bonds. Such bonds issued by the dormitory authority of the 28 state of New York, the New York state urban development corporation, and 29 New York state thruway authority shall not be a debt of the state, and 30 the state shall not be liable thereon, nor shall they be payable out of 31 any funds other than those appropriated by the state under article 5-C 32 or article 5-F of the state finance law, as applicable. 33 § 60. This act shall take effect immediately and shall be deemed to 34 have been in full force and effect on and after April 1, 2022; provided, 35 however, that the provisions of sections one, one-a, two, three, four, 36 five, six, seven, eight, thirteen, fourteen, fifteen, sixteen, seven- 37 teen, eighteen, nineteen, twenty, twenty-two, and twenty-three of this 38 act shall expire March 31, 2023 when upon such date the provisions of 39 such sections shall be deemed repealed; provided, further, that the 40 amendments to section 89-h of the state finance law made by section 41 twenty-eight of this act shall not affect the repeal of such section and 42 shall be deemed repealed therewith; and provided, further, that section 43 twenty-eight-a of this act shall expire March 31, 2027. 44 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 45 sion, section or part of this act shall be adjudged by any court of 46 competent jurisdiction to be invalid, such judgment shall not affect, 47 impair, or invalidate the remainder thereof, but shall be confined in 48 its operation to the clause, sentence, paragraph, subdivision, section 49 or part thereof directly involved in the controversy in which such judg- 50 ment shall have been rendered. It is hereby declared to be the intent of 51 the legislature that this act would have been enacted even if such 52 invalid provisions had not been included herein. 53 § 3. This act shall take effect immediately provided, however, that 54 the applicable effective date of Parts A through FFF of this act shall 55 be as specifically set forth in the last section of such Parts.