S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 2005                                                  A. 3005
                             S E N A T E - A S S E M B L Y
                                   January 21, 2015
                                      ___________
       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
       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
       AN  ACT  to  amend  the  executive  law,  in relation to authorizing the
         commissioner of corrections and  community  supervision  to  make  the
         final  decision  on  medical  parole  for certain eligible non-violent
         inmates (Part A); to amend chapter 887 of the laws of  1983,  amending
         the  correction  law  relating  to the psychological testing of candi-
         dates, in relation to the effectiveness thereof; to amend chapter  428
         of  the  laws  of  1999,  amending  the executive law and the criminal
         procedure law relating to expanding the geographic area of  employment
         of certain police officers, in relation to extending the expiration of
         such  chapter;  to amend chapter 886 of the laws of 1972, amending the
         correction law and the penal law relating  to  prisoner  furloughs  in
         certain  cases  and  the crime of absconding therefrom, in relation to
         the effectiveness thereof; to amend chapter 261 of the laws  of  1987,
         amending  chapters  50,  53 and 54 of the laws of 1987, the correction
         law, the penal law and other chapters and laws relating to correction-
         al facilities, in relation to  the  effectiveness  thereof;  to  amend
         chapter  339  of the laws of 1972, amending the correction law and the
         penal law relating to inmate work  release,  furlough  and  leave,  in
         relation to the effectiveness thereof; to amend chapter 60 of the laws
         of  1994  relating to certain provisions which impact upon expenditure
         of certain appropriations made by chapter  50  of  the  laws  of  1994
         enacting the state operations budget, in relation to the effectiveness
         thereof;  to  amend  chapter  3  of  the  laws  of  1995, amending the
         correction law and other laws relating to the  incarceration  fee,  in
         relation  to  extending  the  expiration of certain provisions of such
         chapter; to amend chapter  62  of  the  laws  of  2011,  amending  the
         correction  law and the executive law, relating to merging the depart-
         ment of correctional services and division of parole into the  depart-
         ment  of  corrections  and  community  supervision, in relation to the
         effectiveness thereof; to amend chapter 55 of the laws of 1992, amend-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12570-01-5
       S. 2005                             2                            A. 3005
         ing the tax law and other laws relating to taxes, surcharges, fees and
         funding, in relation to extending the expiration of certain provisions
         of such chapter; to amend chapter 907 of the laws  of  1984,  amending
         the correction law, the New York city criminal court act and the exec-
         utive  law  relating  to  prison  and jail housing and alternatives to
         detention and incarceration programs, in  relation  to  extending  the
         expiration of certain provisions of such chapter; to amend chapter 166
         of  the  laws of 1991, amending the tax law and other laws relating to
         taxes, in relation to extending the expiration of  certain  provisions
         of  such chapter; to amend the vehicle and traffic law, in relation to
         extending the expiration of the mandatory surcharge and victim assist-
         ance fee; to amend chapter 713 of the laws of 1988, amending the vehi-
         cle and traffic law relating to the ignition interlock device program,
         in relation to extending the expiration thereof; to amend chapter  435
         of the laws of 1997, amending the military law and other laws relating
         to various provisions, in relation to extending the expiration date of
         the  merit  provisions of the correction law and the penal law of such
         chapter; to amend chapter 412 of the laws of 1999, amending the  civil
         practice law and rules and the court of claims act relating to prison-
         er  litigation  reform, in relation to extending the expiration of the
         inmate filing fee provisions of the civil practice law and  rules  and
         general  filing  fee  provision  and inmate property claims exhaustion
         requirement of the court of claims act of such chapter; to amend chap-
         ter 222 of the laws of 1994 constituting  the  family  protection  and
         domestic  violence  intervention act of 1994, in relation to extending
         the expiration of certain provisions of  the  criminal  procedure  law
         requiring the arrest of certain persons engaged in family violence; to
         amend chapter 505 of the laws of 1985, amending the criminal procedure
         law relating to the use of closed-circuit television and other protec-
         tive  measures  for  certain child witnesses, in relation to extending
         the expiration of the provisions thereof; to amend chapter  3  of  the
         laws  of 1995, enacting the sentencing reform act of 1995, in relation
         to extending the expiration of certain provisions of such chapter;  to
         amend  chapter 689 of the laws of 1993 amending the criminal procedure
         law relating to electronic court appearance in  certain  counties,  in
         relation  to extending the expiration thereof; to amend chapter 688 of
         the laws of 2003, amending the executive law relating to enacting  the
         interstate  compact for adult offender supervision, in relation to the
         effectiveness thereof; to amend part H of chapter 56 of  the  laws  of
         2009,  amending the correction law relating to limiting the closing of
         certain correctional facilities, providing  for  the  custody  by  the
         department  of  correctional  services  of  inmates  serving  definite
         sentences, providing for custody of federal  prisoners  and  requiring
         the  closing  of  certain  correctional facilities, in relation to the
         effectiveness of such chapter; to amend part C of chapter 152  of  the
         laws  of 2001, amending the military law relating to military funds of
         the organized militia, in relation to the  effectiveness  thereof;  to
         amend  chapter 554 of the laws of 1986 amending the correction law and
         the penal law relating to providing for community treatment facilities
         and establishing the crime of absconding from the community  treatment
         facility, in relation to the effectiveness thereof; and to amend chap-
         ter  503  of  the  laws of 2009, relating to the disposition of monies
         recovered by county district attorneys before the filing of an accusa-
         tory instrument, in relation to the effectiveness  thereof  (Part  B);
         relating  to  transferring  certain employees of the division of state
         police to the office of general services (Part C); to amend the  work-
       S. 2005                             3                            A. 3005
         ers'  compensation law, in relation to eliminating certain arbitration
         and license fees; and to repeal paragraph (c)  of  subdivision  1  and
         subparagraph  (iii)  of paragraph (b) of subdivision 3 of section 13-c
         of  the  workers' compensation law relating to payment of license fees
         (Part D); to amend the election law, in relation to  campaign  finance
         reform;  to  amend  the election law, in relation to campaign contrib-
         ution limits and penalties for violations; to amend the election  law,
         in  relation  to  campaign  receipts  and  expenditures;  to amend the
         election law, in relation to contribution and receipt limitations;  to
         amend  the election law, in relation to public financing; to amend the
         state finance law, in relation to the New York state campaign  finance
         fund;  and  to  amend  the  tax law, in relation to the New York state
         campaign finance fund check-off (Part E); to amend the  election  law,
         in  relation  to  eliminating certain publishing requirements by state
         and local boards of election; and to repeal certain provisions of such
         law relating thereto (Part F); to amend  the  civil  service  law,  in
         relation to supporting the previous consolidation of information tech-
         nology  services  within  the  state  office of information technology
         services (ITS) and permit term appointments for eligible,  high-demand
         ITS positions without examination (Part G); to amend the civil service
         law  and  the correction law, in relation to salaries (Part H); estab-
         lishing a commission on executive and  legislative  compensation,  and
         providing  for  the  powers  and  duties of the commission and for the
         dissolution of the commission (Part I); to  amend  the  civil  service
         law,  in  relation  to  auditing  enrollee information in the New York
         State Health Insurance Program (Part J); to amend  the  state  finance
         law,  in relation to increasing the allowable balance in the rainy day
         reserve fund, and in relation to updating consulting services  report-
         ing;  to  amend the retirement and social security law, in relation to
         requiring pension system reporting; and to repeal  certain  provisions
         of the state finance law relating thereto (Part K); to amend the state
         finance  law,  in  relation  to  a program of aid to municipalities in
         which a video lottery terminal facility is located (Part L); to  amend
         chapter  674  of  the  laws of 1993, amending the public buildings law
         relating to value limitations on contracts, in relation  to  extending
         the  effectiveness  thereof; and to amend the public buildings law, in
         relation to increasing the value limitation to one million dollars  on
         emergency  contracts  (Part  M); to amend the public buildings law, in
         relation to increasing the threshold of small capital projects  deleg-
         ated  by  OGS to one hundred fifty thousand dollars (Part N); to amend
         the state finance law, in relation to the creation of a new  dedicated
         infrastructure investment fund (Part O); and to provide for the admin-
         istration of certain funds and accounts related to the 2014-15 budget,
         authorizing certain payments and transfers; to amend the state finance
         law, in relation to school tax relief fund; to amend the state finance
         law,  in  relation  to  payments, transfers and deposits; to amend the
         state finance law, in relation to the issuance of bonds and notes;  to
         amend  the  New  York  state  urban  development  corporation  act, in
         relation to funding project costs for  certain  capital  projects;  to
         amend  chapter  389  of the laws of 1997, relating to the financing of
         the correctional facilities improvement fund and  the  youth  facility
         improvement  fund,  in relation to the issuance of bonds; to amend the
         private housing finance law, in relation to housing program bonds  and
         notes;  to  amend  chapter 329 of the laws of 1991, amending the state
         finance law and other laws relating to the establishment of the  dedi-
         cated  highway  and  bridge trust fund, in relation to the issuance of
       S. 2005                             4                            A. 3005
         bonds; to amend the public authorities law, in relation to the  dormi-
         tory authority; to amend chapter 61 of the laws of 2005, providing for
         the  administration of certain funds and accounts related to the 2005-
         2006 budget, in relation to issuance of bonds by the urban development
         corporation; to amend the New York state urban development corporation
         act, in relation to funding project costs for the Binghamton universi-
         ty school of pharmacy, New York power electronic manufacturing consor-
         tium  and  the nonprofit infrastructure capital investment program; to
         amend the public authorities law, in relation to  the  state  environ-
         mental  infrastructure  projects;  to  amend  the New York state urban
         development corporation act, in  relation  to  authorizing  the  urban
         development  corporation  to issue bonds to fund project costs for the
         implementation of a NY-CUNY challenge grant program; to amend  chapter
         81  of  the  laws of 2002, providing for the administration of certain
         funds and accounts related to the 2002-2003  budget,  in  relation  to
         increasing  the aggregate amount of bonds to be issued by the New York
         state urban development corporation; to amend the  public  authorities
         law, in relation to financing of peace bridge and transportation capi-
         tal  projects;  to  amend  the  public authorities law, in relation to
         dormitories at certain educational institutions other than state oper-
         ated institutions and statutory or contract colleges under the  juris-
         diction  of  the  state  university  of  New York; to amend the public
         authorities law, in relation to  authorization  for  the  issuance  of
         bonds  for  the  capital  restructuring  bond  finance program and the
         health care facility transformation program; to amend chapter  389  of
         the laws of 1997, relating to the financing of the correctional facil-
         ities  improvement  fund  and  the youth facility improvement fund, in
         relation to the issuance of bonds; to amend the New York state medical
         care facilities finance agency act, in relation to  bonds  and  mental
         health  facilities improvement notes; to amend chapter 174 of the laws
         of 1968, constituting the New York state urban development corporation
         act, in relation to the aggregate amount of and  issuance  of  certain
         bonds;  and  to  amend chapter 63 of the laws of 2005, relating to the
         composition and responsibilities of the New York state  higher  educa-
         tion  capital  matching  grant  board,  in  relation to increasing the
         amount of authorized matching  capital  grants;  to  amend  the  smart
         schools  bond  act  of  2014, in relation to the issuance of bonds; to
         amend the public authorities law, in  relation  to  the  financing  of
         hazardous  waste site remediation projects, financing of the metropol-
         itan transportation authority transportation facilities; and providing
         for the repeal of certain provisions upon expiration thereof (Part P)
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  This  act enacts into law major components of legislation
    2  which are necessary to implement the state fiscal plan for the 2015-2016
    3  state fiscal year. Each component is  wholly  contained  within  a  Part
    4  identified  as Parts A through P. The effective date for each particular
    5  provision contained within such Part is set forth in the last section of
    6  such Part. Any provision in any section contained within a Part, includ-
    7  ing the effective date of the Part, which makes a reference to a section
    8  "of this act", when used in connection with that  particular  component,
    9  shall  be  deemed  to mean and refer to the corresponding section of the
       S. 2005                             5                            A. 3005
    1  Part in which it is found. Section three of  this  act  sets  forth  the
    2  general effective date of this act.
    3                                   PART A
    4    Section  1.  Section 259-r of the executive law is amended by adding a
    5  new subdivision 10 to read as follows:
    6    10. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  IN  THE  CASE  OF  AN
    7  INMATE  WHOSE TERMINAL CONDITION, DISEASE OR SYNDROME MEETS THE CRITERIA
    8  FOR MEDICAL PAROLE AS SET FORTH IN PARAGRAPH (A) OF SUBDIVISION  ONE  OF
    9  THIS SECTION, AND WHO IS NOT SERVING A SENTENCE FOR ONE OR MORE OFFENSES
   10  SET  FORTH  IN PARAGRAPH (I) OF SUBDIVISION ONE OF SECTION EIGHT HUNDRED
   11  SIX OF THE CORRECTION LAW WHICH WOULD RENDER SUCH INMATE INELIGIBLE  FOR
   12  PRESUMPTIVE  RELEASE, THE GRANTING OF MEDICAL PAROLE SHALL BE DETERMINED
   13  BY THE COMMISSIONER INSTEAD OF THE BOARD OF PAROLE. IN  SUCH  CASE,  THE
   14  PROVISIONS THAT WOULD HAVE APPLIED TO AND THE PROCEDURES THAT WOULD HAVE
   15  BEEN  FOLLOWED  BY  THE  BOARD  OF PAROLE PURSUANT TO THIS SECTION SHALL
   16  APPLY TO AND BE FOLLOWED BY THE COMMISSIONER, EXCEPT THAT  ANY  DECISION
   17  MADE  BY  THE COMMISSIONER PURSUANT TO THIS SECTION MAY NOT BE APPEALED.
   18  ANY ACTION BY THE COMMISSIONER PURSUANT TO THIS SECTION SHALL BE  DEEMED
   19  A  JUDICIAL  FUNCTION  AND SHALL NOT BE REVIEWABLE IF DONE IN ACCORDANCE
   20  WITH LAW.
   21    S 2. This act shall take effect immediately.
   22                                   PART B
   23    Section 1. Section 2 of chapter 887 of the laws of 1983, amending  the
   24  correction  law  relating to the psychological testing of candidates, as
   25  amended by section 1 of part E of chapter 55 of the  laws  of  2013,  is
   26  amended to read as follows:
   27    S 2. This act shall take effect on the one hundred eightieth day after
   28  it shall have become a law and shall remain in effect until September 1,
   29  [2015] 2017.
   30    S 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
   31  tive  law  and  the  criminal  procedure  law  relating to expanding the
   32  geographic area of employment of certain police officers, as amended  by
   33  section  2  of  part  E of chapter 55 of the laws of 2013, is amended to
   34  read as follows:
   35    S 3. This act shall take effect on the  first  day  of  November  next
   36  succeeding  the  date  on  which  it  shall have become a law, and shall
   37  remain in effect until the first day of September, [2015] 2017, when  it
   38  shall expire and be deemed repealed.
   39    S  3.  Section  3  of  chapter  886  of the laws of 1972, amending the
   40  correction law and the penal  law  relating  to  prisoner  furloughs  in
   41  certain  cases  and  the  crime  of  absconding therefrom, as amended by
   42  section 3 of part E of chapter 55 of the laws of  2013,  is  amended  to
   43  read as follows:
   44    S  3.  This act shall take effect 60 days after it shall have become a
   45  law and shall remain in effect until September 1, [2015] 2017.
   46    S 4. Section 20 of chapter 261 of the laws of 1987, amending  chapters
   47  50, 53 and 54 of the laws of 1987, the correction law, the penal law and
   48  other  chapters and laws relating to correctional facilities, as amended
   49  by section 4 of part E of chapter 55 of the laws of 2013, is amended  to
   50  read as follows:
   51    S 20. This act shall take effect immediately except that section thir-
   52  teen  of  this  act shall expire and be of no further force or effect on
       S. 2005                             6                            A. 3005
    1  and after September 1, [2015]  2017  and  shall  not  apply  to  persons
    2  committed to the custody of the department after such date, and provided
    3  further that the commissioner of [correctional services] CORRECTIONS AND
    4  COMMUNITY  SUPERVISION  shall  report  each January first and July first
    5  during such time as the earned eligibility program is in effect, to  the
    6  chairmen  of  the  senate crime victims, crime and correction committee,
    7  the senate codes committee, the assembly correction committee,  and  the
    8  assembly codes committee, the standards in effect for earned eligibility
    9  during  the prior six-month period, the number of inmates subject to the
   10  provisions of earned  eligibility,  the  number  who  actually  received
   11  certificates  of  earned  eligibility  during  that  period of time, the
   12  number of inmates with certificates who are granted  parole  upon  their
   13  first  consideration  for  parole,  the number with certificates who are
   14  denied parole upon their first consideration, and the number of individ-
   15  uals granted and denied parole  who  did  not  have  earned  eligibility
   16  certificates.
   17    S 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
   18  amending  the tax law and other laws relating to taxes, surcharges, fees
   19  and funding, as amended by section 5 of part E of chapter 55 of the laws
   20  of 2013, is amended to read as follows:
   21    (q) the provisions of section two  hundred  eighty-four  of  this  act
   22  shall  remain in effect until September 1, [2015] 2017 and be applicable
   23  to all persons entering the program on or before August 31, [2015] 2017.
   24    S 6. Section 10 of chapter 339 of  the  laws  of  1972,  amending  the
   25  correction  law  and  the  penal  law  relating  to inmate work release,
   26  furlough and leave, as amended by section 6 of part E of chapter  55  of
   27  the laws of 2013, is amended to read as follows:
   28    S  10. This act shall take effect 30 days after it shall have become a
   29  law and shall remain in effect  until  September  1,  [2015]  2017,  and
   30  provided  further  that  the commissioner of correctional services shall
   31  report each January first, and July first, to the chairman of the senate
   32  crime victims, crime and correction committee, the senate codes  commit-
   33  tee,  the  assembly correction committee, and the assembly codes commit-
   34  tee, the number of eligible inmates in each facility under  the  custody
   35  and  control  of  the commissioner who have applied for participation in
   36  any program offered under the provisions of work release,  furlough,  or
   37  leave, and the number of such inmates who have been approved for partic-
   38  ipation.
   39    S  7.  Subdivision (c) of section 46 of chapter 60 of the laws of 1994
   40  relating to certain provisions which impact upon expenditure of  certain
   41  appropriations made by chapter 50 of the laws of 1994 enacting the state
   42  operations  budget,  as  amended by section 7 of part E of chapter 55 of
   43  the laws of 2013, is amended to read as follows:
   44    (c) sections forty-one and forty-two of this act shall expire  Septem-
   45  ber  1,  [2015] 2017; provided, that the provisions of section forty-two
   46  of this act shall apply to inmates entering the work release program  on
   47  or after such effective date; and
   48    S  8.    Subdivision h of section 74 of chapter 3 of the laws of 1995,
   49  amending the correction law and other laws relating to the incarceration
   50  fee, as amended by section 8 of part E of chapter  55  of  the  laws  of
   51  2013, is amended to read as follows:
   52    h.  Section fifty-two of this act shall be deemed to have been in full
   53  force and effect on and after April 1, 1995; provided, however, that the
   54  provisions of section 189 of the correction law, as amended  by  section
   55  fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
   56  as  amended by section fifty-six of this act, and section fifty-seven of
       S. 2005                             7                            A. 3005
    1  this act shall expire September 1, [2015] 2017, when upon such date  the
    2  amendments  to  the correction law and penal law made by sections fifty-
    3  five and fifty-six of this act shall revert to and be  read  as  if  the
    4  provisions  of  this  act  had not been enacted; provided, however, that
    5  sections sixty-two, sixty-three and sixty-four  of  this  act  shall  be
    6  deemed  to have been in full force and effect on and after March 1, 1995
    7  and shall be deemed repealed April  1,  1996  and  upon  such  date  the
    8  provisions  of  subsection  (e) of section 9110 of the insurance law and
    9  subdivision 2 of section 89-d of the state finance law shall  revert  to
   10  and  be  read  as  set  out in law on the date immediately preceding the
   11  effective date of sections sixty-two and sixty-three of this act;
   12    S 9. Subdivision (c) of section 49 of subpart A of part C  of  chapter
   13  62  of  the  laws  of 2011 amending the correction law and the executive
   14  law, relating to merging the department  of  correctional  services  and
   15  division  of  parole  into  the  department of corrections and community
   16  supervision, as amended by section 9 of part E of chapter 55 of the laws
   17  of 2013, is amended to read as follows:
   18    (c) that the amendments  to  subdivision  9  of  section  201  of  the
   19  correction  law  as added by section thirty-two of this act shall remain
   20  in effect until September 1, [2015] 2017, when it shall  expire  and  be
   21  deemed repealed;
   22    S  10.  Subdivision  (aa)  of section 427 of chapter 55 of the laws of
   23  1992, amending the tax law and other laws relating to taxes, surcharges,
   24  fees and funding, as amended by section 10 of part E of  chapter  55  of
   25  the laws of 2013, is amended to read as follows:
   26    (aa)  the  provisions  of  sections  three  hundred  eighty-two, three
   27  hundred eighty-three and three hundred eighty-four  of  this  act  shall
   28  expire on September 1, [2015] 2017;
   29    S  11.  Section  12  of  chapter 907 of the laws of 1984, amending the
   30  correction law, the New York city criminal court act and  the  executive
   31  law  relating  to  prison and jail housing and alternatives to detention
   32  and incarceration programs, as amended by section 11 of part E of  chap-
   33  ter 55 of the laws of 2013, is amended to read as follows:
   34    S  12.  This  act  shall  take  effect  immediately,  except  that the
   35  provisions of sections one through ten of this act shall remain in  full
   36  force  and  effect  until  September  1, [2015] 2017 on which date those
   37  provisions shall be deemed to be repealed.
   38    S 12.  Subdivision (p) of section 406 of chapter 166 of  the  laws  of
   39  1991,  amending the tax law and other laws relating to taxes, as amended
   40  by section 12 of part E of chapter 55 of the laws of 2013, is amended to
   41  read as follows:
   42    (p) The amendments to section 1809 of the vehicle and traffic law made
   43  by sections three hundred thirty-seven and three hundred thirty-eight of
   44  this act shall not apply to any offense committed prior to  such  effec-
   45  tive  date;  provided,  further, that section three hundred forty-one of
   46  this act shall take effect immediately and shall expire November 1, 1993
   47  at which time it  shall  be  deemed  repealed;  sections  three  hundred
   48  forty-five  and  three  hundred  forty-six of this act shall take effect
   49  July 1, 1991; sections three hundred fifty-five,  three  hundred  fifty-
   50  six,  three hundred fifty-seven and three hundred fifty-nine of this act
   51  shall take effect immediately and shall expire June 30, 1995  and  shall
   52  revert to and be read as if this act had not been enacted; section three
   53  hundred  fifty-eight of this act shall take effect immediately and shall
   54  expire June 30, 1998 and shall revert to and be read as if this act  had
   55  not been enacted; section three hundred sixty-four through three hundred
   56  sixty-seven  of  this  act  shall apply to claims filed on or after such
       S. 2005                             8                            A. 3005
    1  effective date; sections three hundred sixty-nine, three hundred  seven-
    2  ty-two,  three  hundred seventy-three, three hundred seventy-four, three
    3  hundred seventy-five and three hundred seventy-six  of  this  act  shall
    4  remain  in  effect  until  September  1, [2015] 2017, at which time they
    5  shall  be  deemed  repealed;  provided,  however,  that  the   mandatory
    6  surcharge  provided  in  section  three hundred seventy-four of this act
    7  shall apply to parking violations occurring on or after  said  effective
    8  date;  and  provided  further that the amendments made to section 235 of
    9  the vehicle and traffic law by section three hundred seventy-two of this
   10  act, the amendments made to section 1809 of the vehicle and traffic  law
   11  by sections three hundred thirty-seven and three hundred thirty-eight of
   12  this  act  and  the amendments made to section 215-a of the labor law by
   13  section three hundred seventy-five of this act shall expire on September
   14  1, [2015] 2017 and upon such date the provisions  of  such  subdivisions
   15  and  sections  shall  revert to and be read as if the provisions of this
   16  act had not been enacted; the amendments to  subdivisions  2  and  3  of
   17  section  400.05 of the penal law made by sections three hundred seventy-
   18  seven and three hundred seventy-eight of this act shall expire  on  July
   19  1,  1992  and  upon  such date the provisions of such subdivisions shall
   20  revert and shall be read as if the provisions of this act had  not  been
   21  enacted;  the  state board of law examiners shall take such action as is
   22  necessary to assure that all applicants for examination for admission to
   23  practice as an attorney and counsellor at law shall  pay  the  increased
   24  examination fee provided for by the amendment made to section 465 of the
   25  judiciary  law by section three hundred eighty of this act for any exam-
   26  ination given on or after the effective date of this act notwithstanding
   27  that an applicant for such examination may have prepaid a lesser fee for
   28  such examination as required by the provisions of such section 465 as of
   29  the date prior to the effective date of  this  act;  the  provisions  of
   30  section  306-a  of  the civil practice law and rules as added by section
   31  three hundred eighty-one of this act shall apply to all actions  pending
   32  on  or  commenced on or after September 1, 1991, provided, however, that
   33  for the purposes of this section service of such summons made  prior  to
   34  such  date  shall be deemed to have been completed on September 1, 1991;
   35  the provisions of section three hundred eighty-three of this  act  shall
   36  apply  to  all  money  deposited  in  connection  with  a cash bail or a
   37  partially secured bail bond on or after such  effective  date;  and  the
   38  provisions  of  sections  three  hundred  eighty-four  and three hundred
   39  eighty-five of this act shall  apply  only  to  jury  service  commenced
   40  during  a judicial term beginning on or after the effective date of this
   41  act; provided, however, that nothing contained herein shall be deemed to
   42  affect the application,  qualification,  expiration  or  repeal  of  any
   43  provision  of law amended by any section of this act and such provisions
   44  shall be applied or qualified or shall expire or be deemed  repealed  in
   45  the same manner, to the same extent and on the same date as the case may
   46  be as otherwise provided by law;
   47    S 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
   48  amended  by  section  13 of part E of chapter 55 of the laws of 2013, is
   49  amended to read as follows:
   50    8. The provisions of this section shall only apply to offenses commit-
   51  ted on or before September first, two thousand [fifteen] SEVENTEEN.
   52    S 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
   53  cle and traffic law relating to the ignition interlock  device  program,
   54  as amended by section 14 of part E of chapter 55 of the laws of 2013, is
   55  amended to read as follows:
       S. 2005                             9                            A. 3005
    1    S  6.  This  act  shall  take  effect  on  the first day of April next
    2  succeeding the date on which it  shall  have  become  a  law;  provided,
    3  however,  that  effective immediately, the addition, amendment or repeal
    4  of any rule or regulation necessary for the implementation of the  fore-
    5  going  sections  of  this  act on their effective date is authorized and
    6  directed to be made and completed on or before such effective  date  and
    7  shall  remain in full force and effect until the first day of September,
    8  [2015] 2017 when upon such date the provisions  of  this  act  shall  be
    9  deemed repealed.
   10    S 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
   11  laws of 1997, amending the military law and other laws relating to vari-
   12  ous  provisions, as amended by section 15 of part E of chapter 55 of the
   13  laws of 2013, is amended to read as follows:
   14    a. sections forty-three through forty-five of this  act  shall  expire
   15  and be deemed repealed on September 1, [2015] 2017;
   16    S 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
   17  the civil practice law and rules and the court of claims act relating to
   18  prisoner  litigation reform, as amended by section 16 of part E of chap-
   19  ter 55 of the laws of 2013, is amended to read as follows:
   20    S 4. This act shall take effect 120 days after it shall have become  a
   21  law  and shall remain in full force and effect until September 1, [2015]
   22  2017, when upon such date it shall expire.
   23    S 17. Subdivision 2 of section 59 of chapter 222 of the laws of  1994,
   24  constituting  the  family  protection and domestic violence intervention
   25  act of 1994, as amended by section 17 of part E of  chapter  55  of  the
   26  laws of 2013, is amended to read as follows:
   27    2.  Subdivision  4  of section 140.10 of the criminal procedure law as
   28  added by section thirty-two of this act shall  take  effect  January  1,
   29  1996  and  shall  expire  and  be deemed repealed on September 1, [2015]
   30  2017.
   31    S 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
   32  inal procedure law relating to the use of closed-circuit television  and
   33  other  protective  measures  for  certain child witnesses, as amended by
   34  section 18 of part E of chapter 55 of the laws of 2013,  is  amended  to
   35  read as follows:
   36    S  5.  This  act  shall take effect immediately and shall apply to all
   37  criminal actions and proceedings commenced prior to the  effective  date
   38  of  this  act  but  still  pending  on such date as well as all criminal
   39  actions and proceedings commenced on or after such  effective  date  and
   40  its provisions shall expire on  September 1, [2015] 2017, when upon such
   41  date the provisions of this act shall be deemed repealed.
   42    S  19.  Subdivision  d of section 74 of chapter 3 of the laws of 1995,
   43  enacting the sentencing reform act of 1995, as amended by section 19  of
   44  part E of chapter 55 of the laws of 2013, is amended to read as follows:
   45    d.  Sections  one-a  through twenty, twenty-four through twenty-eight,
   46  thirty through thirty-nine, forty-two and forty-four of this  act  shall
   47  be deemed repealed on September 1, [2015] 2017;
   48    S 20. Section 2 of chapter 689 of the laws of 1993 amending the crimi-
   49  nal  procedure  law  relating  to electronic court appearance in certain
   50  counties, as amended by section 20 of part E of chapter 55 of  the  laws
   51  of 2013, is amended to read as follows:
   52    S  2.  This  act  shall  take  effect  immediately,  except  that  the
   53  provisions of this act shall be deemed to have been in  full  force  and
   54  effect  since  July  1, 1992 and the provisions of this act shall expire
   55  September 1, [2015] 2017 when upon such date the provisions of this  act
   56  shall be deemed repealed.
       S. 2005                            10                            A. 3005
    1    S 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
    2  utive law relating to enacting the interstate compact for adult offender
    3  supervision,  as  amended  by  section 21 of part E of chapter 55 of the
    4  laws of 2013, is amended to read as follows:
    5    S  3.  This act shall take effect immediately, except that section one
    6  of this act shall take effect on the first of  January  next  succeeding
    7  the date on which it shall have become a law, and shall remain in effect
    8  until  the  first  of  September,  [2015] 2017, upon which date this act
    9  shall be deemed repealed and have no further force and effect;  provided
   10  that  section one of this act shall only take effect with respect to any
   11  compacting state  which  has  enacted  an  interstate  compact  entitled
   12  "Interstate  compact for adult offender supervision" and having an iden-
   13  tical effect to that added by section  one  of  this  act  and  provided
   14  further  that with respect to any such compacting state, upon the effec-
   15  tive date of section one of this act, section 259-m of the executive law
   16  is hereby deemed REPEALED and section 259-mm of the  executive  law,  as
   17  added  by  section  one  of  this  act,  shall take effect; and provided
   18  further that with respect to any state which has not enacted  an  inter-
   19  state  compact  entitled  "Interstate  compact for adult offender super-
   20  vision" and having an identical effect to that added by section  one  of
   21  this  act,  section 259-m of the executive law shall take effect and the
   22  provisions of section one of this act, with respect to any  such  state,
   23  shall  have no force or effect until such time as such state shall adopt
   24  an interstate compact entitled "Interstate compact  for  adult  offender
   25  supervision" and having an identical effect to that added by section one
   26  of  this  act in which case, with respect to such state, effective imme-
   27  diately, section 259-m of the  executive  law  is  deemed  repealed  and
   28  section  259-mm  of  the  executive law, as added by section one of this
   29  act, shall take effect.
   30    S 22. Section 8 of part H of chapter 56 of the laws of 2009,  amending
   31  the  correction  law relating to limiting the closing of certain correc-
   32  tional facilities, providing  for  the  custody  by  the  department  of
   33  correctional  services  of inmates serving definite sentences, providing
   34  for custody of federal prisoners and requiring the  closing  of  certain
   35  correctional  facilities,  as amended by section 22 of part E of chapter
   36  55 of the laws of 2013, is amended to read as follows:
   37    S 8. This act shall take effect immediately;  provided,  however  that
   38  sections  five  and  six of this act shall expire and be deemed repealed
   39  September 1, [2015] 2017.
   40    S 23. Section 3 of part C of chapter 152 of the laws of 2001  amending
   41  the military law relating to military funds of the organized militia, as
   42  amended  by  section  23 of part E of chapter 55 of the laws of 2013, is
   43  amended to read as follows:
   44    S 3. This act shall take effect on the same date as the  reversion  of
   45  subdivision  5  of  section  183 and subdivision 1 of section 221 of the
   46  military law as provided by section 76 of chapter 435  of  the  laws  of
   47  1997, as amended by section 1 of chapter 19 of the laws of 1999 notwith-
   48  standing  this act shall be deemed to have been in full force and effect
   49  on and after July 31, 2005 and shall remain in  full  force  and  effect
   50  until  September  1,  [2015]  2017  when  upon  such date this act shall
   51  expire.
   52    S 24. Section 5 of chapter 554 of  the  laws  of  1986,  amending  the
   53  correction  law  and  the  penal law relating to providing for community
   54  treatment facilities and establishing the crime of absconding  from  the
   55  community  treatment  facility,  as  amended  by section 24 of part E of
   56  chapter 55 of the laws of 2013, is amended to read as follows:
       S. 2005                            11                            A. 3005
    1    S 5. This act shall take effect immediately and shall remain  in  full
    2  force  and  effect  until September 1, [2015] 2017, and provided further
    3  that the commissioner of correctional services shall report each January
    4  first and July first during such time as this legislation is in  effect,
    5  to  the  chairmen  of  the  senate  crime  victims, crime and correction
    6  committee, the senate codes committee, the assembly  correction  commit-
    7  tee, and the assembly codes committee, the number of individuals who are
    8  released to community treatment facilities during the previous six-month
    9  period,  including  the  total number for each date at each facility who
   10  are not residing within the facility, but who are required to report  to
   11  the facility on a daily or less frequent basis.
   12    S  25. Section 2 of part H of chapter 503 of the laws of 2009 relating
   13  to the disposition of monies  recovered  by  county  district  attorneys
   14  before  the  filing of an accusatory instrument, as amended by section 1
   15  of part C of chapter 55 of the laws of  2014,  is  amended  to  read  as
   16  follows:
   17    S  2.  This act shall take effect immediately and shall remain in full
   18  force and effect until March 31, [2015] 2017, when it shall  expire  and
   19  be deemed repealed.
   20    S  26.  This  act shall take effect immediately, provided however that
   21  section twenty-five of this act shall be deemed to  have  been  in  full
   22  force and effect on and after March 31, 2015.
   23                                   PART C
   24    Section  1. Employees of the division of state police in the unclassi-
   25  fied service of the state, who are substantially engaged in the perform-
   26  ance of duties to support business and financial  services,  administra-
   27  tive  services,  payroll  administration,  time  and attendance, benefit
   28  administration, and other transactional human resources  functions,  may
   29  be  transferred to the office of general services in accordance with the
   30  provisions of section 45 of the civil service law as if  the  state  had
   31  taken  over a private entity. No employee who is transferred pursuant to
   32  this act shall suffer a reduction in basic annual salary as a result  of
   33  the transfer.
   34    S 2. This act shall take effect immediately.
   35                                   PART D
   36    Section 1. Paragraph (c) of subdivision 1 of section 13-c of the work-
   37  ers' compensation law is REPEALED.
   38    S  2.  Subparagraph (iii) of paragraph (b) of subdivision 3 of section
   39  13-c of the workers' compensation law is REPEALED.
   40    S 3. Subdivision 4 of section 13-g of the workers'  compensation  law,
   41  as amended by section 4 of part GG of chapter 57 of the laws of 2013, is
   42  amended to read as follows:
   43    (4)  A provider initiating an arbitration, including a single arbitra-
   44  tor process, pursuant to this section shall NOT pay a fee [as determined
   45  by regulations promulgated by the chair, to be used] to cover the  costs
   46  related to the conduct of such arbitration. [Upon resolution in favor of
   47  such  party,  the  amount  due, based upon the bill in dispute, shall be
   48  increased by the amount of the fee paid by such party. Where  a  partial
   49  award  is made, the amount due, based upon the bill in dispute, shall be
   50  increased by a part of such fee.] Each member of an arbitration  commit-
   51  tee  for  medical bills, and each member of an arbitration committee for
   52  hospital bills shall be entitled to receive and shall be paid a fee  for
       S. 2005                            12                            A. 3005
    1  each  day's  attendance at an arbitration session in any one count in an
    2  amount fixed by the chair of the workers' compensation board.
    3    S  4.  Paragraph  (b) of subdivision 3-b of section 50 of the workers'
    4  compensation law, as amended by chapter 139 of  the  laws  of  2008,  is
    5  amended to read as follows:
    6    (b)  The board, in its rules, may provide for the issuance of licenses
    7  to persons, firms or corporations, upon  such  proof  of  character  and
    8  fitness  as it may deem necessary, [and may provide for a license fee in
    9  an amount not exceeding one  hundred  dollars  a  year,  and  an  annual
   10  authorization fee in an amount not exceeding five hundred dollars a year
   11  for  each designated representative] WITHOUT ANNUAL LICENSE FEE, and for
   12  the giving of a bond running to the people of the  state  of  New  York,
   13  conditioned upon the faithful performance of all duties required of such
   14  person,  firm  or corporation, and in an amount to be fixed by the board
   15  in its rules. Such bond shall be approved by the board as  to  form  and
   16  sufficiency  and  shall be filed with it. [All license and authorization
   17  fees collected under the provisions of this section shall be  paid  into
   18  the state treasury.]
   19    S  5.  Paragraph  (e) of subdivision 7 of section 13-m of the workers'
   20  compensation law, as amended by section 7 of part GG of  chapter  57  of
   21  the laws of 2013, is amended to read as follows:
   22    (e)  A provider initiating an arbitration, including a single arbitra-
   23  tor process, pursuant to this section shall NOT BE  REQUIRED  TO  pay  a
   24  fee[, as determined by regulations promulgated by the chair, to be used]
   25  to  cover  the  costs  related to the conduct of such arbitration. [Upon
   26  resolution in favor of such party, the amount due, based upon  the  bill
   27  in  dispute,  shall  be  increased by the amount of the fee paid by such
   28  party. Where a partial award is made, the amount  due,  based  upon  the
   29  bill in dispute, shall be increased by a part of such fee.]
   30    S  6.  Paragraph  (e) of subdivision 6 of section 13-1 of the workers'
   31  compensation law, as amended by section 6 of part GG of  chapter  57  of
   32  the laws of 2013, is amended to read as follows:
   33    (e)  A provider initiating an arbitration, including a single arbitra-
   34  tor process, pursuant to this section shall NOT pay a  fee[,  as  deter-
   35  mined  by regulations promulgated by the chair, to be used] to cover the
   36  costs related to the conduct of such arbitration.  [Upon  resolution  in
   37  favor  of  such  party,  the amount due, based upon the bill in dispute,
   38  shall be increased by the amount of the fee paid by such party. Where  a
   39  partial  award  is made, the amount due, based upon the bill in dispute,
   40  shall be increased by a part of such fee.]
   41    S 7. Paragraph (e) of subdivision 6 of section 13-k  of  the  workers'
   42  compensation  law,  as  amended by section 5 of part GG of chapter 57 of
   43  the laws of 2013, is amended to read as follows:
   44    (e) A provider initiating an arbitration,  including  a  single  arbi-
   45  tration process, pursuant to this section shall NOT BE REQUIRED TO pay a
   46  fee[,  as determined by regulations promulgated by the chair, to be used
   47  to cover the costs] related to the conduct of  such  arbitration.  [Upon
   48  resolution  in  favor of such party, the amount due, based upon the bill
   49  in dispute, shall be increased by the amount of the  fee  paid  by  such
   50  party.  Where  a  partial  award is made, the amount due, based upon the
   51  bill in dispute shall be increased by a part of such fee.]  Each  member
   52  of  the  arbitration committee shall be entitled to receive and shall be
   53  paid a fee for each day's attendance at an  arbitration  session  in  an
   54  amount fixed by the chair of the workers' compensation board.
   55    S  8.  Section  24-a  of  the workers' compensation law, as amended by
   56  chapter 133 of the laws of 1982, subdivision 1 as amended by chapter  61
       S. 2005                            13                            A. 3005
    1  of the laws of 1989, subdivision 2 as amended and subdivision 5 as added
    2  by chapter 347 of the laws of 1987, is amended to read as follows:
    3    S  24-a. Representation before the workers' compensation board.  1. No
    4  person, firm or corporation, other than an attorney  and  counsellor-at-
    5  law,  shall  appear  on behalf of any claimant or person entitled to the
    6  benefits of this chapter, before the board  or  any  officer,  agent  or
    7  employee  of the board assigned to conduct any hearing, investigation or
    8  inquiry relative to a claim for  compensation  or  benefits  under  this
    9  chapter,  unless he or she shall be a citizen of the United States or an
   10  alien lawfully admitted for permanent residence in  the  United  States,
   11  and  shall have obtained from the board a license authorizing him or her
   12  to appear in matters or proceedings before the board. Such license shall
   13  be issued by the board in accordance with the rules established  by  it.
   14  Any person, firm or corporation violating the aforesaid provisions shall
   15  be  guilty  of a misdemeanor. The board, in its rules, shall provide for
   16  the issuance of licenses to representatives of  charitable  and  welfare
   17  organizations, and to associations who employ a representative to appear
   18  for  members of such association, upon certification of the proper offi-
   19  cer of such association or  organization,  which  licenses  shall  issue
   20  without charge; and may provide for a license WITHOUT fee in the case of
   21  all  other  persons,  firms  or corporations in an amount to be fixed by
   22  said rules[, not exceeding the sum of one hundred dollars  a  year.  All
   23  license  fees  collected  under  the provisions of this section shall be
   24  paid into the state treasury]. The board shall have such tests of  char-
   25  acter  and  fitness  with  respect  to applicants for licenses, and such
   26  rules governing the conduct of those licensed, as aforesaid, as  it  may
   27  deem necessary.
   28    2. There shall be maintained in each office of the board a registry or
   29  list  of  persons  to whom licenses have been issued as provided herein,
   30  which list shall be  corrected  as  often  as  licenses  are  issued  or
   31  revoked.  Absence  of  a  record  of a license issued as herein provided
   32  shall be prima facie evidence that a person, firm or corporation is  not
   33  licensed  to represent claimants. Any such license may be revoked by the
   34  board, for cause, after a hearing before the board. No license hereunder
   35  shall be issued for a period longer than three years from  the  date  of
   36  its issuance.
   37    [3.  No fee or allowance, in accordance with the provisions of section
   38  twenty-four of this chapter, shall be made for services rendered by  any
   39  such  person,  firm  or corporation who has received a license hereunder
   40  without payment of a license fee.
   41    4.] 3. Refusal by any person to whom a license has been issued author-
   42  izing him to appear on behalf of any claimant to answer, upon request of
   43  the board, or other duly authorized officer, board or committee  of  the
   44  state,  any  legal  question  or  to  produce any relevant book or paper
   45  concerning his conduct under such  license,  shall  constitute  adequate
   46  cause for revocation thereof.
   47    [5.]  4.  Only an attorney, or a representative licensed in accordance
   48  with rules established by the board pursuant to subdivisions three-b and
   49  three-d of section fifty of this chapter, shall appear on behalf  of  an
   50  employer  or  an insurance carrier regarding a claim for compensation or
   51  any benefits under this chapter before the board or any  officer,  agent
   52  or  employee  of the board assigned to conduct any hearing relative to a
   53  claim for compensation or benefits under this chapter. The provisions of
   54  this subdivision shall not apply to a designated regular employee  of  a
   55  self-insured employer, or of an insurance carrier appearing on behalf of
       S. 2005                            14                            A. 3005
    1  his  or  her  employer, but the board may prohibit the appearance of any
    2  such employee for cause.
    3    S 9. This act shall take effect April 1, 2015.
    4                                   PART E
    5    Section  1.  The  article heading of article 14 of the election law is
    6  amended to read as follows:
    7    [Campaign Receipts and Expenditures] CAMPAIGN  RECEIPTS  AND  EXPENDI-
    8  TURES; PUBLIC FINANCING
    9    S  2.  Section 14-100 of the election law is amended by adding two new
   10  subdivisions 15 and 16 to read as follows:
   11    15. "INTERMEDIARY"  MEANS  AN  INDIVIDUAL,  CORPORATION,  PARTNERSHIP,
   12  POLITICAL  COMMITTEE,  LABOR  ORGANIZATION, OR OTHER ENTITY WHICH, OTHER
   13  THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY, OR MESSEN-
   14  GER SERVICE, DELIVERS ANY CONTRIBUTION FROM ANOTHER PERSON OR ENTITY  TO
   15  A CANDIDATE OR AN AUTHORIZED COMMITTEE.
   16    "INTERMEDIARY"  SHALL  NOT  INCLUDE  SPOUSES,  PARENTS,  CHILDREN,  OR
   17  SIBLINGS OF THE PERSON MAKING SUCH CONTRIBUTION.
   18    16. "AUTHORIZED COMMITTEE" MEANS THE SINGLE POLITICAL COMMITTEE DESIG-
   19  NATED BY A CANDIDATE TO RECEIVE ALL  CONTRIBUTIONS  AUTHORIZED  BY  THIS
   20  TITLE.
   21    S  3.  Subdivision 1 of section 14-102 of the election law, as amended
   22  by chapter 8 and as redesignated by chapter 9 of the laws  of  1978,  is
   23  amended to read as follows:
   24    1.  The  treasurer of every political committee which, or any officer,
   25  member or agent of any  such  committee  who,  in  connection  with  any
   26  election,  receives  or  expends  any  money  or other valuable thing or
   27  incurs any liability to pay money or its equivalent  shall  file  state-
   28  ments  sworn,  or subscribed and bearing a form notice that false state-
   29  ments made therein are punishable as a class A misdemeanor  pursuant  to
   30  section  210.45 of the penal law, at the times prescribed by this [arti-
   31  cle] TITLE setting forth all the  receipts,  contributions  to  and  the
   32  expenditures  by  and liabilities of the committee, and of its officers,
   33  members and agents in its behalf.  Such  statements  shall  include  the
   34  dollar  amount  of  any  receipt,  contribution or transfer, or the fair
   35  market value of any receipt, contribution or transfer,  which  is  other
   36  than  of  money,  the  name  and address of the transferor, contributor,
   37  INTERMEDIARY, or person from  whom  received,  and  if  the  transferor,
   38  contributor,  INTERMEDIARY, or person is a political committee; the name
   39  of and the political unit represented by the committee, the date of  its
   40  receipt, the dollar amount of every expenditure, the name and address of
   41  the  person  to  whom  it was made or the name of and the political unit
   42  represented by the committee to which it was made and the date  thereof,
   43  and shall state clearly the purpose of such expenditure. AN INTERMEDIARY
   44  NEED  NOT  BE  REPORTED  FOR  A  CONTRIBUTION  THAT WAS COLLECTED FROM A
   45  CONTRIBUTOR IN CONNECTION WITH A PARTY OR OTHER CANDIDATE-RELATED  EVENT
   46  HELD  AT THE RESIDENCE OF THE PERSON DELIVERING THE CONTRIBUTION, UNLESS
   47  THE EXPENSES OF SUCH EVENT AT SUCH RESIDENCE FOR SUCH  CANDIDATE  EXCEED
   48  FIVE  HUNDRED  DOLLARS OR THE AGGREGATE CONTRIBUTIONS RECEIVED FROM THAT
   49  CONTRIBUTOR AT SUCH EVENT EXCEED FIVE  HUNDRED  DOLLARS.  Any  statement
   50  reporting  a  loan  shall  have attached to it a copy of the evidence of
   51  indebtedness. Expenditures in sums  under  fifty  dollars  need  not  be
   52  specifically  accounted  for  by  separate items in said statements, and
   53  receipts  and  contributions  aggregating  not  more  than   ninety-nine
   54  dollars, from any one contributor need not be specifically accounted for
       S. 2005                            15                            A. 3005
    1  by  separate  items  in  said  statements,  provided  however, that such
    2  expenditures, receipts and contributions shall be subject to  the  other
    3  provisions of section 14-118 of this [article] TITLE.
    4    S  4.  Subdivision 3 of section 14-124 of the election law, as amended
    5  by chapter 71 of the laws of 1988, is amended to read as follows:
    6    3. The contribution and receipt limits of this article shall not apply
    7  to monies received and expenditures made by a party committee or consti-
    8  tuted committee to maintain a permanent headquarters and staff and carry
    9  on ordinary activities which are not for the express purpose of  promot-
   10  ing the candidacy of specific candidates, EXCEPT THAT CONTRIBUTIONS MADE
   11  FOR  SUCH ACTIVITIES TO A PARTY COMMITTEE OR CONSTITUTED COMMITTEE SHALL
   12  BE LIMITED TO TWENTY-FIVE THOUSAND DOLLARS IN THE  AGGREGATE  FROM  EACH
   13  CONTRIBUTOR IN EACH YEAR.
   14    S  5.  Subdivision 2 of section 14-108 of the election law, as amended
   15  by chapter 109 of the laws of 1997, is amended to read as follows:
   16    2. Each statement shall cover the  period  up  to  and  including  the
   17  fourth  day  next  preceding  the day specified for the filing thereof[;
   18  provided, however, that]. THE RECEIPT OF ANY  CONTRIBUTION  OR  LOAN  IN
   19  EXCESS  OF  ONE  THOUSAND  DOLLARS SHALL BE DISCLOSED WITHIN FORTY-EIGHT
   20  HOURS OF RECEIPT, AND SHALL BE REPORTED IN THE SAME MANNER AS ANY  OTHER
   21  CONTRIBUTION  OR  LOAN  ON  THE  NEXT APPLICABLE STATEMENT. HOWEVER, any
   22  contribution or loan in excess of  one  thousand  dollars,  if  received
   23  after  the close of the period to be covered in the last statement filed
   24  before  any  primary,  general  or  special  election  but  before  such
   25  election,  shall be reported, in the same manner as other contributions,
   26  within twenty-four hours after receipt.
   27    S 6. Subdivisions 1 and 10 of section  14-114  of  the  election  law,
   28  subdivision  1  as  amended and subdivision 10 as added by chapter 79 of
   29  the laws of 1992 and paragraphs a and b of subdivision 1 as  amended  by
   30  chapter 659 of the laws of 1994, are amended to read as follows:
   31    1.  The following limitations apply to all contributions to candidates
   32  for election to any public office or for nomination for any such office,
   33  or for election to any party positions,  and  to  all  contributions  to
   34  political  committees  working directly or indirectly with any candidate
   35  to aid or participate in such candidate's nomination or election,  other
   36  than any contributions to any party committee or constituted committee:
   37    a. In any election for a public office to be voted on by the voters of
   38  the  entire  state, or for nomination to any such office, no contributor
   39  may make a contribution to any candidate or political committee  PARTIC-
   40  IPATING  IN  THE  STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM AS DEFINED IN
   41  TITLE TWO OF THIS ARTICLE, and no SUCH candidate or political  committee
   42  may accept any contribution from any contributor, which is in the aggre-
   43  gate  amount  greater than:  (i) in the case of any nomination to public
   44  office, the product of the total number of enrolled voters in the candi-
   45  date's party in the state, excluding voters in inactive  status,  multi-
   46  plied  by  $.005,  but such amount shall be not [less than four thousand
   47  dollars nor] more than [twelve] SIX thousand dollars  [as  increased  or
   48  decreased  by  the cost of living adjustment described in paragraph c of
   49  this subdivision,] and (ii) in the case of  any  election  to  [a]  SUCH
   50  public  office,  [twenty-five]  SIX  thousand  dollars  [as increased or
   51  decreased by the cost of living adjustment described in paragraph  c  of
   52  this  subdivision];  provided however, that the maximum amount which may
   53  be so contributed or accepted, in the aggregate,  from  any  candidate's
   54  child,  parent,  grandparent,  brother and sister, and the spouse of any
   55  such persons, shall not exceed in the case of any nomination  to  public
   56  office  an  amount  equivalent  to the product of the number of enrolled
       S. 2005                            16                            A. 3005
    1  voters in the candidate's party in the state, excluding voters in  inac-
    2  tive  status, multiplied by $.025, and in the case of any election for a
    3  public office, an amount equivalent to the  product  of  the  number  of
    4  registered  voters  in  the  state  excluding voters in inactive status,
    5  multiplied by $.025.
    6    b. In any other election for party  position  or  for  election  to  a
    7  public  office or for nomination for any such office, no contributor may
    8  make a contribution to any candidate or political committee  PARTICIPAT-
    9  ING IN THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM DEFINED IN TITLE TWO
   10  OF  THIS ARTICLE (FOR THOSE OFFICES OR POSITIONS COVERED BY THAT SYSTEM)
   11  and no SUCH candidate or political committee may accept any contribution
   12  from any contributor, which is in the aggregate amount greater than: (i)
   13  in the case of any election for party position,  or  for  nomination  to
   14  public office, the product of the total number of enrolled voters in the
   15  candidate's  party in the district in which he is a candidate, excluding
   16  voters in inactive status, multiplied by $.05, and (ii) in the  case  of
   17  any  election  for  a  public office, the product of the total number of
   18  registered voters in the district, excluding voters in inactive  status,
   19  multiplied  by $.05, however in the case of a nomination within the city
   20  of New York for the office of mayor,  public  advocate  or  comptroller,
   21  such  amount  shall be not less than four thousand dollars nor more than
   22  twelve thousand dollars as increased or decreased by the cost of  living
   23  adjustment described in paragraph [c] E of this subdivision; in the case
   24  of  an  election  within  the  city of New York for the office of mayor,
   25  public  advocate  or  comptroller,  twenty-five  thousand   dollars   as
   26  increased  or  decreased  by  the cost of living adjustment described in
   27  paragraph [c] E of this subdivision; in the  case  of  a  nomination  OR
   28  ELECTION  for  state  senator,  four  thousand  dollars [as increased or
   29  decreased by the cost of living adjustment described in paragraph  c  of
   30  this  subdivision;  in  the  case  of an election for state senator, six
   31  thousand two hundred fifty dollars as increased or decreased by the cost
   32  of living adjustment described in paragraph c of this  subdivision];  in
   33  the  case  of  an  election  or nomination for a member of the assembly,
   34  [twenty-five hundred] TWO THOUSAND dollars [as increased or decreased by
   35  the cost of living adjustment described in paragraph c of this  subdivi-
   36  sion;  but  in  no  event  shall  any such maximum exceed fifty thousand
   37  dollars or be less than one thousand dollars];  provided  however,  that
   38  the  maximum  amount  which  may  be  so contributed or accepted, in the
   39  aggregate, from any candidate's child, parent, grandparent, brother  and
   40  sister, and the spouse of any such persons, shall not exceed in the case
   41  of  any  election  for party position or nomination for public office an
   42  amount equivalent to the number of enrolled voters  in  the  candidate's
   43  party  in  the  district in which he is a candidate, excluding voters in
   44  inactive status, multiplied by $.25 and in the case of any  election  to
   45  public  office,  an amount equivalent to the number of registered voters
   46  in the district, excluding voters  in  inactive  status,  multiplied  by
   47  $.25;  or  twelve hundred fifty dollars, whichever is greater, or in the
   48  case of a nomination or election of a  state  senator,  twenty  thousand
   49  dollars,  whichever  is  greater,  or  in  the  case  of a nomination or
   50  election of a member  of  the  assembly  twelve  thousand  five  hundred
   51  dollars,  whichever  is  greater, but in no event shall any such maximum
   52  exceed one hundred thousand dollars.
   53    C.  IN ANY ELECTION FOR A PUBLIC OFFICE TO BE VOTED ON BY  THE  VOTERS
   54  OF  THE ENTIRE STATE, OR FOR NOMINATION TO ANY SUCH OFFICE, NO CONTRIBU-
   55  TOR MAY MAKE A CONTRIBUTION TO ANY CANDIDATE OR POLITICAL  COMMITTEE  IN
   56  CONNECTION  WITH  A  CANDIDATE  WHO  IS NOT A PARTICIPATING CANDIDATE AS
       S. 2005                            17                            A. 3005
    1  DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200-A OF THIS ARTICLE, AND
    2  NO SUCH CANDIDATE OR POLITICAL COMMITTEE  MAY  ACCEPT  ANY  CONTRIBUTION
    3  FROM  ANY  CONTRIBUTOR,  WHICH  IS IN THE AGGREGATE AMOUNT GREATER THAN:
    4  (I)  IN  THE CASE OF ANY NOMINATION TO PUBLIC OFFICE, THE PRODUCT OF THE
    5  TOTAL NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN  THE  STATE,
    6  EXCLUDING  VOTERS  IN  INACTIVE  STATUS,  MULTIPLIED  BY $.005, BUT SUCH
    7  AMOUNT SHALL BE NOT LESS THAN FOUR THOUSAND DOLLARS NOR  MORE  THAN  TEN
    8  THOUSAND  DOLLARS,  AND  (II)  IN  THE  CASE OF ANY ELECTION TO A PUBLIC
    9  OFFICE, FIFTEEN THOUSAND DOLLARS; PROVIDED  HOWEVER,  THAT  THE  MAXIMUM
   10  AMOUNT  WHICH  MAY BE SO CONTRIBUTED OR ACCEPTED, IN THE AGGREGATE, FROM
   11  ANY CANDIDATE'S CHILD, PARENT, GRANDPARENT, BROTHER AND SISTER, AND  THE
   12  SPOUSE  OF  ANY  SUCH PERSONS, SHALL NOT EXCEED IN THE CASE OF ANY NOMI-
   13  NATION TO PUBLIC OFFICE AN AMOUNT  EQUIVALENT  TO  THE  PRODUCT  OF  THE
   14  NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN THE STATE, EXCLUD-
   15  ING  VOTERS  IN INACTIVE STATUS, MULTIPLIED BY $.025, AND IN THE CASE OF
   16  ANY ELECTION FOR A PUBLIC OFFICE, AN AMOUNT EQUIVALENT TO THE PRODUCT OF
   17  THE NUMBER OF REGISTERED VOTERS IN THE STATE EXCLUDING VOTERS  IN  INAC-
   18  TIVE STATUS, MULTIPLIED BY $.025.
   19    D.  IN  ANY  OTHER  ELECTION  FOR  PARTY POSITION OR FOR ELECTION TO A
   20  PUBLIC OFFICE OR FOR NOMINATION FOR ANY SUCH OFFICE, NO CONTRIBUTOR  MAY
   21  MAKE   A  CONTRIBUTION  TO  ANY  CANDIDATE  OR  POLITICAL  COMMITTEE  IN
   22  CONNECTION WITH A CANDIDATE WHO IS  NOT  A  PARTICIPATING  CANDIDATE  AS
   23  DEFINED  IN SUBDIVISION FOURTEEN OF SECTION 14-200-A OF THIS ARTICLE AND
   24  NO SUCH CANDIDATE OR POLITICAL COMMITTEE  MAY  ACCEPT  ANY  CONTRIBUTION
   25  FROM ANY CONTRIBUTOR, WHICH IS IN THE AGGREGATE AMOUNT GREATER THAN: (I)
   26  IN  THE  CASE  OF  ANY ELECTION FOR PARTY POSITION, OR FOR NOMINATION TO
   27  PUBLIC OFFICE, THE PRODUCT OF THE TOTAL NUMBER OF ENROLLED VOTERS IN THE
   28  CANDIDATE'S PARTY IN THE DISTRICT IN WHICH HE IS A CANDIDATE,  EXCLUDING
   29  VOTERS  IN  INACTIVE STATUS, MULTIPLIED BY $.05, AND (II) IN THE CASE OF
   30  ANY ELECTION FOR A PUBLIC OFFICE, THE PRODUCT OF  THE  TOTAL  NUMBER  OF
   31  REGISTERED  VOTERS IN THE DISTRICT, EXCLUDING VOTERS IN INACTIVE STATUS,
   32  MULTIPLIED BY $.05, HOWEVER IN THE CASE OF A NOMINATION WITHIN THE  CITY
   33  OF  NEW  YORK  FOR  THE OFFICE OF MAYOR, PUBLIC ADVOCATE OR COMPTROLLER,
   34  SUCH AMOUNT SHALL BE NOT LESS THAN FOUR THOUSAND DOLLARS NOR  MORE  THAN
   35  TWELVE  THOUSAND DOLLARS AS INCREASED OR DECREASED BY THE COST OF LIVING
   36  ADJUSTMENT DESCRIBED IN PARAGRAPH E OF THIS SUBDIVISION; IN THE CASE  OF
   37  AN  ELECTION WITHIN THE CITY OF NEW YORK FOR THE OFFICE OF MAYOR, PUBLIC
   38  ADVOCATE OR COMPTROLLER, TWENTY-FIVE THOUSAND DOLLARS  AS  INCREASED  OR
   39  DECREASED  BY  THE COST OF LIVING ADJUSTMENT DESCRIBED IN PARAGRAPH E OF
   40  THIS SUBDIVISION; IN THE CASE OF A  NOMINATION  OR  ELECTION  FOR  STATE
   41  SENATOR, FIVE THOUSAND DOLLARS; IN THE CASE OF AN ELECTION OR NOMINATION
   42  FOR  A MEMBER OF THE ASSEMBLY, THREE THOUSAND DOLLARS; PROVIDED HOWEVER,
   43  THAT THE MAXIMUM AMOUNT WHICH MAY BE SO CONTRIBUTED OR ACCEPTED, IN  THE
   44  AGGREGATE,  FROM ANY CANDIDATE'S CHILD, PARENT, GRANDPARENT, BROTHER AND
   45  SISTER, AND THE SPOUSE OF ANY SUCH PERSONS, SHALL NOT EXCEED IN THE CASE
   46  OF ANY ELECTION FOR PARTY POSITION OR NOMINATION FOR  PUBLIC  OFFICE  AN
   47  AMOUNT  EQUIVALENT  TO  THE NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S
   48  PARTY IN THE DISTRICT IN WHICH HE IS A CANDIDATE,  EXCLUDING  VOTERS  IN
   49  INACTIVE  STATUS,  MULTIPLIED BY $.25 AND IN THE CASE OF ANY ELECTION TO
   50  PUBLIC OFFICE, AN AMOUNT EQUIVALENT TO THE NUMBER OF  REGISTERED  VOTERS
   51  IN  THE  DISTRICT,  EXCLUDING  VOTERS  IN INACTIVE STATUS, MULTIPLIED BY
   52  $.25; OR TWELVE HUNDRED FIFTY DOLLARS, WHICHEVER IS GREATER, OR  IN  THE
   53  CASE  OF  A  NOMINATION  OR ELECTION OF A STATE SENATOR, TWENTY THOUSAND
   54  DOLLARS, WHICHEVER IS GREATER,  OR  IN  THE  CASE  OF  A  NOMINATION  OR
   55  ELECTION  OF  A  MEMBER  OF  THE  ASSEMBLY  TWELVE THOUSAND FIVE HUNDRED
       S. 2005                            18                            A. 3005
    1  DOLLARS, WHICHEVER IS GREATER, BUT IN NO EVENT SHALL  ANY  SUCH  MAXIMUM
    2  EXCEED ONE HUNDRED THOUSAND DOLLARS.
    3    E. At the beginning of each fourth calendar year, commencing in [nine-
    4  teen hundred ninety-five] TWO THOUSAND TWENTY-ONE, the state board shall
    5  determine  the  percentage  of  the  difference  between the most recent
    6  available monthly consumer price index for all urban consumers published
    7  by the United States bureau of labor statistics and such consumer  price
    8  index  published for the same month four years previously. The amount of
    9  each contribution limit fixed AND EXPRESSLY IDENTIFIED FOR ADJUSTMENT in
   10  this subdivision shall be adjusted by  the  amount  of  such  percentage
   11  difference  to the closest one hundred dollars by the state board which,
   12  not later than the first day of February in each such year, shall  issue
   13  a regulation publishing the amount of each such contribution limit. Each
   14  contribution  limit  as  so  adjusted shall be the contribution limit in
   15  effect for any election held before the next such adjustment.
   16    F. EACH PARTY OR CONSTITUTED COMMITTEE MAY TRANSFER TO,  OR  SPEND  TO
   17  ELECT OR OPPOSE A CANDIDATE, OR TRANSFER TO ANOTHER PARTY OR CONSTITUTED
   18  COMMITTEE,  NO MORE THAN FIVE THOUSAND DOLLARS PER ELECTION, EXCEPT THAT
   19  SUCH COMMITTEE MAY IN ADDITION TO SUCH TRANSFERS OR EXPENDITURES:
   20    (I) IN A GENERAL OR SPECIAL ELECTION TRANSFER TO, OR SPEND TO ELECT OR
   21  OPPOSE A CANDIDATE, NO MORE THAN FIVE HUNDRED DOLLARS RECEIVED FROM EACH
   22  CONTRIBUTOR; AND
   23    (II) IN  ANY  ELECTION  SPEND  WITHOUT  LIMITATION  FOR  NON-CANDIDATE
   24  EXPENDITURES NOT DESIGNED OR INTENDED TO ELECT A PARTICULAR CANDIDATE OR
   25  CANDIDATES.
   26    G.  NOTWITHSTANDING  ANY  OTHER  CONTRIBUTION  LIMIT  IN THIS SECTION,
   27  PARTICIPATING CANDIDATES AS DEFINED IN SUBDIVISION FOURTEEN  OF  SECTION
   28  14-200-A  OF  THIS ARTICLE MAY CONTRIBUTE, OUT OF THEIR OWN MONEY, THREE
   29  TIMES THE APPLICABLE CONTRIBUTION LIMIT TO THEIR OWN AUTHORIZED  COMMIT-
   30  TEE.
   31    10.  [a.] No contributor may make a contribution to a party or consti-
   32  tuted committee and no such committee may accept a contribution from any
   33  contributor which, in the aggregate, is greater than [sixty-two thousand
   34  five hundred] TWENTY-FIVE THOUSAND dollars per annum.
   35    [b. At the beginning of each fourth calendar year, commencing in nine-
   36  teen hundred ninety-five, the state board shall determine the percentage
   37  of the difference between the most  recent  available  monthly  consumer
   38  price  index  for  all  urban  consumers  published by the United States
   39  bureau of labor statistics and such consumer price index  published  for
   40  the  same  month  four years previously. The amount of such contribution
   41  limit fixed in paragraph a of this subdivision shall be adjusted by  the
   42  amount  of such percentage difference to the closest one hundred dollars
   43  by the state board which, not later than the first day  of  February  in
   44  each  such  year, shall issue a regulation publishing the amount of such
   45  contribution limit. Such contribution limit as so adjusted shall be  the
   46  contribution  limit in effect for any election held before the next such
   47  adjustment.]
   48    S 7. Section 14-116 of the election law, subdivision 1 as redesignated
   49  by chapter 9 of the laws of 1978 and subdivision 2 as amended by chapter
   50  260 of the laws of 1981, is amended to read as follows:
   51    S 14-116. Political contributions  by  certain  organizations.  1.  No
   52  corporation, LIMITED LIABILITY COMPANY, or joint-stock association doing
   53  business in this state, except a corporation or association organized or
   54  maintained for political purposes only, shall directly or indirectly pay
   55  or  use  or  offer, consent or agree to pay or use any money or property
   56  for or in aid of any political party, committee or organization, or for,
       S. 2005                            19                            A. 3005
    1  or in aid of, any corporation, LIMITED LIABILITY COMPANY, joint-stock or
    2  other association organized or maintained  for  political  purposes,  or
    3  for,  or in aid of, any candidate for political office or for nomination
    4  for  such  office,  or  for  any  political purpose whatever, or for the
    5  reimbursement or indemnification of any person for moneys or property so
    6  used. Any officer, director, stock-holder,  attorney  or  agent  of  any
    7  corporation, LIMITED LIABILITY COMPANY, or joint-stock association which
    8  violates  any  of  the  provisions of this section, who participates in,
    9  aids, abets or advises or consents  to  any  such  violations,  and  any
   10  person  who  solicits  or  knowingly  receives  any money or property in
   11  violation of this section, shall be guilty of a misdemeanor.
   12    2. Notwithstanding the provisions of subdivision one of this  section,
   13  any  corporation or an organization financially supported in whole or in
   14  part, by such corporation  may  make  expenditures,  including  contrib-
   15  utions,  not  otherwise prohibited by law, for political purposes, in an
   16  amount not to exceed [five] ONE thousand dollars in the aggregate in any
   17  calendar year; provided  that  no  public  utility  shall  use  revenues
   18  received  from  the  rendition  of  public  service within the state for
   19  contributions for political purposes unless such cost is charged to  the
   20  shareholders of such a public service corporation.
   21    S  8.  Section  14-130 of the election law, as added by chapter 152 of
   22  the laws of 1985, is amended to read as follows:
   23    S 14-130. Campaign funds for personal use.  1. Contributions  received
   24  by  a  candidate or a political committee may be expended for any lawful
   25  purpose THAT IS DIRECTLY RELATED TO PROMOTING THE NOMINATION OR ELECTION
   26  OF A CANDIDATE OR THE EXECUTION OF DUTIES ASSOCIATED WITH THE HOLDING OF
   27  A PUBLIC OFFICE OR PARTY POSITION.  Such funds shall not be converted by
   28  any person to a personal use [which is unrelated to a political campaign
   29  or the holding of a public office or party position].
   30    2. NO CONTRIBUTION SHALL BE USED TO PAY INTEREST OR ANY OTHER  FINANCE
   31  CHARGES  UPON  MONIES  LOANED  TO  THE CAMPAIGN BY SUCH CANDIDATE OR THE
   32  SPOUSE OF SUCH CANDIDATE.
   33    3. (A) AS USED IN THIS SECTION, EXPENDITURES FOR  "PERSONAL  USE"  ARE
   34  DEFINED AS EXPENDITURES THAT ARE EXCLUSIVELY FOR THE PERSONAL BENEFIT OF
   35  THE  CANDIDATE  OR  ANY  OTHER  INDIVIDUAL,  AND ARE USED TO FULFILL ANY
   36  COMMITMENT, OBLIGATION, OR EXPENSE OF A PERSON THAT  WOULD  EXIST  IRRE-
   37  SPECTIVE  OF  THE  CANDIDATE'S ELECTION CAMPAIGN OR THE EXECUTION OF THE
   38  DUTIES OF PUBLIC OFFICE OR THE EXECUTION OF THE DUTIES OF A PARTY  OFFI-
   39  CIAL.
   40    (B)  EXPENDITURES  FOR PERSONAL USE SHALL INCLUDE, BUT ARE NOT LIMITED
   41  TO, EXPENSES FOR THE FOLLOWING:
   42    (I) ANY RESIDENTIAL OR  HOUSEHOLD  ITEMS,  SUPPLIES  OR  EXPENDITURES,
   43  INCLUDING  MORTGAGE,  RENT  OR  UTILITY  PAYMENTS  FOR  ANY  PART OF ANY
   44  PERSONAL RESIDENCE OF A CANDIDATE OR OFFICEHOLDER OR  A  MEMBER  OF  THE
   45  CANDIDATE'S  OR  OFFICEHOLDER'S FAMILY THAT ARE NOT INCURRED AS A RESULT
   46  OF, OR TO FACILITATE, THE INDIVIDUAL'S CAMPAIGN, OR THE EXECUTION OF HIS
   47  OR HER PUBLIC DUTIES. IN THE EVENT THAT ANY PROPERTY OR BUILDING IS USED
   48  FOR BOTH PERSONAL  AND  CAMPAIGN  USE,  PERSONAL  USE  SHALL  CONSTITUTE
   49  EXPENSES  THAT  EXCEED  THE  PRO-RATED AMOUNT FOR SUCH EXPENSES BASED ON
   50  FAIR-MARKET VALUE.
   51    (II) MORTGAGE, RENT, OR UTILITY PAYMENTS FOR  ANY  PART  OF  ANY  NON-
   52  RESIDENTIAL  PROPERTY  THAT IS OWNED BY A CANDIDATE OR OFFICEHOLDER OR A
   53  MEMBER OF A CANDIDATE'S OR OFFICEHOLDER'S FAMILY AND USED  FOR  CAMPAIGN
   54  PURPOSES, TO THE EXTENT THE PAYMENTS EXCEED THE FAIR MARKET VALUE OF THE
   55  PROPERTY'S USAGE FOR CAMPAIGN ACTIVITIES;
   56    (III) CLOTHING, OTHER THAN ITEMS THAT ARE USED IN THE CAMPAIGN;
       S. 2005                            20                            A. 3005
    1    (IV) TUITION PAYMENTS;
    2    (V) CHILDCARE COSTS;
    3    (VI)  DUES, FEES, OR GRATUITIES AT A COUNTRY CLUB, HEALTH CLUB, RECRE-
    4  ATIONAL FACILITY OR OTHER NONPOLITICAL  ORGANIZATION,  UNLESS  THEY  ARE
    5  PART  OF  A SPECIFIC FUNDRAISING EVENT THAT TAKES PLACE ON THE ORGANIZA-
    6  TION'S PREMISES;
    7    (VII) SALARY PAYMENTS OR OTHER COMPENSATION  PROVIDED  TO  ANY  PERSON
    8  WHOSE  SERVICES  ARE  NOT  SOLELY  FOR  CAMPAIGN PURPOSES OR PROVIDED IN
    9  CONNECTION WITH THE EXECUTION OF THE DUTIES OF PUBLIC OFFICE;
   10    (VIII) SALARY PAYMENTS OR OTHER COMPENSATION PROVIDED TO A MEMBER OF A
   11  CANDIDATE'S FAMILY, UNLESS THE FAMILY  MEMBER  IS  PROVIDING  BONA  FIDE
   12  SERVICES TO THE CAMPAIGN. IF A FAMILY MEMBER PROVIDES BONA FIDE SERVICES
   13  TO  A  CAMPAIGN,  ANY SALARY PAYMENTS OR OTHER COMPENSATION IN EXCESS OF
   14  THE FAIR MARKET VALUE OF  THE  SERVICES  PROVIDED  SHALL  BE  CONSIDERED
   15  PAYMENTS FOR PERSONAL USE;
   16    (IX) ADMISSION TO A SPORTING EVENT, CONCERT, THEATER, OR OTHER FORM OF
   17  ENTERTAINMENT,  UNLESS  SUCH EVENT IS PART OF A CAMPAIGN OR OFFICEHOLDER
   18  ACTIVITY;
   19    (X) PAYMENT OF ANY FINES OR PENALTIES ASSESSED PURSUANT TO THIS  CHAP-
   20  TER  OR IN CONNECTION WITH A CRIMINAL CONVICTION OR BY THE JOINT COMMIS-
   21  SION FOR PUBLIC ETHICS OR THE LEGISLATIVE ETHICS COMMISSION;
   22    (XI) TRAVEL EXPENSES INCLUDING AUTOMOBILE PURCHASES OR LEASES,  UNLESS
   23  USED SOLELY FOR CAMPAIGN PURPOSES OR IN CONNECTION WITH THE EXECUTION OF
   24  THE  DUTIES  OF PUBLIC OFFICE. IF A CANDIDATE USES CAMPAIGN FUNDS TO PAY
   25  EXPENSES ASSOCIATED WITH TRAVEL THAT INVOLVES BOTH  PERSONAL  ACTIVITIES
   26  AND  CAMPAIGN  ACTIVITIES  OR  OFFICIAL DUTIES, THE INCREMENTAL EXPENSES
   27  THAT RESULT  FROM  THE  PERSONAL  ACTIVITIES  SHALL  BE  CONSIDERED  FOR
   28  PERSONAL  USE UNLESS THE PERSON OR PERSONS BENEFITING FROM THE USE REIM-
   29  BURSE OR REIMBURSES THE CAMPAIGN ACCOUNT WITHIN NINETY DAYS FOR THE FULL
   30  AMOUNT OF THE INCREMENTAL EXPENSES; AND
   31    (XII) ANY OTHER EXPENDITURE DESIGNATED BY THE STATE BOARD OF ELECTIONS
   32  AS CONSTITUTING PERSONAL USE.
   33    4. NOTHING IN THIS SECTION SHALL PROHIBIT A CANDIDATE FROM  PURCHASING
   34  EQUIPMENT  OR  PROPERTY  FROM  HIS  OR HER PERSONAL FUNDS AND LEASING OR
   35  RENTING SUCH EQUIPMENT OR PROPERTY TO A COMMITTEE  WORKING  DIRECTLY  OR
   36  INDIRECTLY  WITH  HIM  TO AID OR PARTICIPATE IN HIS OR HER NOMINATION OR
   37  ELECTION, INCLUDING AN EXPLORATORY COMMITTEE, PROVIDED THAT  THE  CANDI-
   38  DATE  AND  HIS  OR HER CAMPAIGN TREASURER SIGN A WRITTEN LEASE OR RENTAL
   39  AGREEMENT. SUCH AGREEMENT SHALL INCLUDE THE LEASE OR RENTAL PRICE, WHICH
   40  SHALL NOT EXCEED THE FAIR LEASE OR RENTAL VALUE OF  THE  EQUIPMENT.  THE
   41  CANDIDATE  SHALL  NOT  RECEIVE  LEASE  OR  RENTAL PAYMENTS WHICH, IN THE
   42  AGGREGATE, EXCEED THE COST OF PURCHASING THE EQUIPMENT OR PROPERTY.
   43    5. NOTHING IN THIS SECTION SHALL PROHIBIT AN  ELECTED  PUBLIC  OFFICE-
   44  HOLDER  FROM  USING  CAMPAIGN  CONTRIBUTIONS  TO FACILITATE, SUPPORT, OR
   45  OTHERWISE ASSIST IN THE EXECUTION OR PERFORMANCE OF THE DUTIES OF HIS OR
   46  HER PUBLIC OFFICE.
   47    6. THE STATE BOARD OF ELECTIONS SHALL  ISSUE  ADVISORY  OPINIONS  FROM
   48  TIME TO TIME UPON REQUEST TO ADDRESS THE APPLICATION OF THIS SECTION.
   49    S  9.  Article 14 of the election law is amended by adding a new title
   50  II to read as follows:
   51                                  TITLE II
   52                              PUBLIC FINANCING
   53  SECTION 14-200.   LEGISLATIVE FINDINGS AND INTENT.
   54          14-200-A. DEFINITIONS.
   55          14-201.   REPORTING REQUIREMENTS.
   56          14-202.   CONTRIBUTIONS.
       S. 2005                            21                            A. 3005
    1          14-203.   PROOF OF COMPLIANCE.
    2          14-204.   ELIGIBILITY.
    3          14-205.   LIMITS ON PUBLIC FINANCING.
    4          14-206.   PAYMENT OF PUBLIC MATCHING FUNDS.
    5          14-207.   USE  OF  PUBLIC  MATCHING  FUNDS;  QUALIFIED  CAMPAIGN
    6                      EXPENDITURES.
    7          14-208.   POWERS AND DUTIES OF BOARD.
    8          14-209.   AUDITS AND REPAYMENTS.
    9          14-210.   ENFORCEMENT AND PENALTIES  FOR  VIOLATIONS  AND  OTHER
   10                      PROCEEDINGS.
   11          14-211.   REPORTS.
   12          14-212.   DEBATES FOR CANDIDATES FOR STATEWIDE OFFICE.
   13          14-213.   SEVERABILITY.
   14    S 14-200. LEGISLATIVE FINDINGS AND INTENT.  THE LEGISLATURE FINDS THAT
   15  REFORM OF NEW YORK STATE'S CAMPAIGN FINANCE SYSTEM IS CRUCIAL TO IMPROV-
   16  ING PUBLIC CONFIDENCE IN THE STATE'S DEMOCRATIC PROCESSES AND CONTINUING
   17  TO  ENSURE  A GOVERNMENT THAT IS ACCOUNTABLE TO ALL OF THE VOTERS OF THE
   18  STATE REGARDLESS OF WEALTH OR POSITION. THE LEGISLATURE FINDS  THAT  NEW
   19  YORK'S  CURRENT SYSTEM OF CAMPAIGN FINANCE, WITH ITS LARGE CONTRIBUTIONS
   20  TO CANDIDATES FOR OFFICE AND PARTY COMMITTEES, HAS CREATED THE POTENTIAL
   21  FOR AND THE APPEARANCE OF CORRUPTION.   THE  LEGISLATURE  FURTHER  FINDS
   22  THAT,  WHETHER OR NOT THIS SYSTEM CREATES ACTUAL CORRUPTION, THE APPEAR-
   23  ANCE OF SUCH CORRUPTION CAN GIVE RISE TO A DISTRUST  IN  GOVERNMENT  AND
   24  CITIZEN  APATHY THAT UNDERMINE THE DEMOCRATIC OPERATION OF THE POLITICAL
   25  PROCESS.
   26    THE LEGISLATURE ALSO FINDS THAT THE HIGH COST OF RUNNING FOR OFFICE IN
   27  NEW YORK DISCOURAGES QUALIFIED CANDIDATES FROM RUNNING  FOR  OFFICE  AND
   28  CREATES AN ELECTORAL SYSTEM THAT ENCOURAGES CANDIDATES TO SPEND TOO MUCH
   29  TIME  RAISING MONEY RATHER THAN ATTENDING TO THE DUTIES OF THEIR OFFICE,
   30  REPRESENTING THE NEEDS OF THEIR  CONSTITUENTS,  AND  COMMUNICATING  WITH
   31  VOTERS.
   32    THE  LEGISLATURE AMENDS THIS CHAPTER CREATING A NEW TITLE TWO TO ARTI-
   33  CLE FOURTEEN OF THIS CHAPTER TO REDUCE THE  POSSIBILITY  AND  APPEARANCE
   34  THAT SPECIAL INTERESTS EXERCISE UNDUE INFLUENCE OVER STATE OFFICIALS; TO
   35  INCREASE  THE ACTUAL AND APPARENT RESPONSIVENESS OF ELECTED OFFICIALS TO
   36  ALL VOTERS; TO ENCOURAGE QUALIFIED CANDIDATES TO RUN FOR OFFICE; AND  TO
   37  REDUCE THE PRESSURE ON CANDIDATES TO SPEND LARGE AMOUNTS OF TIME RAISING
   38  LARGE CONTRIBUTIONS FOR THEIR CAMPAIGNS.
   39    THE LEGISLATURE FINDS THAT THIS ARTICLE'S LIMITATIONS ON CONTRIBUTIONS
   40  FURTHER   THE  GOVERNMENT'S  INTEREST  IN  REDUCING  REAL  AND  APPARENT
   41  CORRUPTION AND IN BUILDING TRUST IN GOVERNMENT.  THE  LEGISLATURE  FINDS
   42  THAT  THE  CONTRIBUTION LEVELS ARE SUFFICIENTLY HIGH TO ALLOW CANDIDATES
   43  AND POLITICAL PARTIES TO RAISE ENOUGH MONEY TO RUN EFFECTIVE  CAMPAIGNS.
   44  IN  ADDITION,  THE LEGISLATURE FINDS THAT GRADUATED CONTRIBUTION LIMITA-
   45  TIONS REFLECT THE CAMPAIGN NEEDS OF CANDIDATES FOR DIFFERENT OFFICES.
   46    THE LEGISLATURE ALSO FINDS THAT THE SYSTEM OF VOLUNTARY PUBLIC FINANC-
   47  ING FURTHERS THE GOVERNMENT'S INTEREST IN ENCOURAGING  QUALIFIED  CANDI-
   48  DATES TO RUN FOR OFFICE. THE LEGISLATURE FINDS THAT THE VOLUNTARY PUBLIC
   49  FUNDING  PROGRAM  WILL  ENLARGE  THE  PUBLIC DEBATE AND INCREASE PARTIC-
   50  IPATION IN THE DEMOCRATIC PROCESS. IN ADDITION,  THE  LEGISLATURE  FINDS
   51  THAT  THE  VOLUNTARY  EXPENDITURE  LIMITATIONS AND MATCHING FUND PROGRAM
   52  REDUCE THE BURDEN ON CANDIDATES AND OFFICEHOLDERS TO SPEND TIME  RAISING
   53  MONEY FOR THEIR CAMPAIGNS.
   54    THEREFORE,  THE LEGISLATURE DECLARES THAT THESE AMENDMENTS FURTHER THE
   55  IMPORTANT AND VALID  GOVERNMENT  INTERESTS  OF  REDUCING  VOTER  APATHY,
   56  BUILDING  CONFIDENCE  IN GOVERNMENT, REDUCING THE REALITY AND APPEARANCE
       S. 2005                            22                            A. 3005
    1  OF CORRUPTION, AND ENCOURAGING QUALIFIED CANDIDATES TO RUN  FOR  OFFICE,
    2  WHILE REDUCING CANDIDATES' AND OFFICEHOLDERS' FUNDRAISING BURDENS.
    3    S  14-200-A. DEFINITIONS.  FOR THE PURPOSES OF THIS TITLE, THE FOLLOW-
    4  ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
    5    1. THE TERM "AUTHORIZED COMMITTEE" SHALL  MEAN  THE  SINGLE  COMMITTEE
    6  DESIGNATED  BY  A  CANDIDATE PURSUANT TO SECTION 14-201 OF THIS TITLE TO
    7  RECEIVE CONTRIBUTIONS AND MAKE EXPENDITURES IN  SUPPORT  OF  THE  CANDI-
    8  DATE'S CAMPAIGN.
    9    2. THE TERM "BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS.
   10    3.  THE  TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS APPEARS IN
   11  SUBDIVISION NINE OF SECTION 14-100 OF THIS ARTICLE.
   12    4. THE TERM "CONTRIBUTOR" SHALL MEAN ANY PERSON OR ENTITY THAT MAKES A
   13  CONTRIBUTION.
   14    5. THE TERM "COVERED ELECTION" SHALL MEAN  ANY  PRIMARY,  GENERAL,  OR
   15  SPECIAL ELECTION FOR NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE
   16  OF  GOVERNOR,  LIEUTENANT GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER,
   17  STATE SENATOR, OR MEMBER OF THE ASSEMBLY.
   18    6. THE TERM "ELECTION CYCLE" SHALL MEAN THE TWO YEAR  PERIOD  STARTING
   19  THE  DAY  AFTER  THE  LAST GENERAL ELECTION FOR CANDIDATES FOR THE STATE
   20  LEGISLATURE AND SHALL MEAN THE FOUR YEAR PERIOD STARTING AFTER  THE  DAY
   21  AFTER THE LAST GENERAL ELECTION FOR CANDIDATES FOR STATEWIDE OFFICE.
   22    7.  THE TERM "EXPENDITURE" SHALL MEAN ANY GIFT, SUBSCRIPTION, ADVANCE,
   23  PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF VALUE, OR A CONTRACT TO MAKE
   24  ANY GIFT, SUBSCRIPTION, PAYMENT, OR DEPOSIT  OF  MONEY  OR  ANYTHING  OF
   25  VALUE, MADE IN CONNECTION WITH THE NOMINATION FOR ELECTION, OR ELECTION,
   26  OF  ANY  CANDIDATE.   EXPENDITURES MADE BY CONTRACT ARE DEEMED MADE WHEN
   27  SUCH FUNDS ARE OBLIGATED.
   28    8. THE TERM "FUND" SHALL MEAN THE  NEW  YORK  STATE  CAMPAIGN  FINANCE
   29  FUND.
   30    9.  THE TERM "IMMEDIATE FAMILY" SHALL MEAN A SPOUSE, CHILD, SIBLING OR
   31  PARENT.
   32    10. THE TERM "INTERMEDIARY" SHALL  MEAN  AN  INDIVIDUAL,  CORPORATION,
   33  PARTNERSHIP,  POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER ENTITY
   34  WHICH BUNDLES, CAUSES TO BE DELIVERED OR OTHERWISE DELIVERS ANY CONTRIB-
   35  UTION FROM ANOTHER PERSON OR ENTITY TO A CANDIDATE OR AUTHORIZED COMMIT-
   36  TEE, OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL,  DELIVERY
   37  OR  MESSENGER SERVICE.   PROVIDED, HOWEVER, THAT AN "INTERMEDIARY" SHALL
   38  NOT INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS, CHILDREN OR SIBLINGS OF
   39  THE PERSON MAKING SUCH CONTRIBUTION OR A STAFF MEMBER  OR  VOLUNTEER  OF
   40  THE CAMPAIGN IDENTIFIED IN WRITING TO THE STATE BOARD OF ELECTIONS. HERE
   41  "CAUSES  TO  BE DELIVERED" SHALL INCLUDE PROVIDING POSTAGE, ENVELOPES OR
   42  OTHER SHIPPING MATERIALS FOR THE USE OF DELIVERING THE  CONTRIBUTION  TO
   43  THE ULTIMATE RECIPIENT.
   44    11.  THE  TERM  "ITEM  WITH  SIGNIFICANT INTRINSIC AND ENDURING VALUE"
   45  SHALL MEAN ANY ITEM, INCLUDING TICKETS TO AN EVENT, THAT ARE  VALUED  AT
   46  TWENTY-FIVE DOLLARS OR MORE.
   47    12.  (A)  THE TERM "MATCHABLE CONTRIBUTION" SHALL MEAN A CONTRIBUTION,
   48  CONTRIBUTIONS OR A PORTION OF A CONTRIBUTION OR  CONTRIBUTIONS  FOR  ANY
   49  COVERED  ELECTIONS  HELD  IN  THE SAME ELECTION CYCLE, MADE BY A NATURAL
   50  PERSON WHO IS A UNITED STATES CITIZEN AND RESIDENT IN THE STATE  OF  NEW
   51  YORK TO A PARTICIPATING CANDIDATE, THAT HAS BEEN REPORTED IN FULL TO THE
   52  BOARD  IN  ACCORDANCE WITH SECTIONS 14-102 AND 14-104 OF THIS ARTICLE BY
   53  THE CANDIDATE'S AUTHORIZED COMMITTEE AND  HAS  BEEN  CONTRIBUTED  ON  OR
   54  BEFORE  THE  DAY  OF  THE APPLICABLE PRIMARY, GENERAL, RUNOFF OR SPECIAL
   55  ELECTION. ANY CONTRIBUTION, CONTRIBUTIONS, OR A PORTION  OF  A  CONTRIB-
       S. 2005                            23                            A. 3005
    1  UTION  DETERMINED  TO BE INVALID FOR MATCHING FUNDS BY THE BOARD MAY NOT
    2  BE TREATED AS A MATCHABLE CONTRIBUTION FOR ANY PURPOSE.
    3    (B) THE FOLLOWING CONTRIBUTIONS ARE NOT MATCHABLE:
    4    (I) LOANS;
    5    (II) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;
    6    (III) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR AN ITEM
    7  WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;
    8    (IV) TRANSFERS FROM A PARTY OR CONSTITUTED COMMITTEE;
    9    (V) ANONYMOUS CONTRIBUTIONS OR CONTRIBUTIONS WHOSE SOURCE IS NOT ITEM-
   10  IZED AS REQUIRED BY SECTION 14-201 OF THIS TITLE;
   11    (VI) CONTRIBUTIONS GATHERED DURING A PREVIOUS ELECTION CYCLE;
   12    (VII) ILLEGAL CONTRIBUTIONS;
   13    (VIII) CONTRIBUTIONS FROM MINORS;
   14    (IX) CONTRIBUTIONS FROM VENDORS FOR CAMPAIGNS; AND
   15    (X)  CONTRIBUTIONS  FROM  LOBBYISTS REGISTERED PURSUANT TO SUBDIVISION
   16  (A) OF SECTION ONE-C OF THE LEGISLATIVE LAW.
   17    13. THE TERM "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR A
   18  COVERED ELECTION WHO FAILS TO FILE A WRITTEN CERTIFICATION IN  THE  FORM
   19  OF  AN  AFFIDAVIT  UNDER  SECTION 14-204 OF THIS TITLE BY THE APPLICABLE
   20  DEADLINE.
   21    14. THE TERM "PARTICIPATING CANDIDATE" SHALL MEAN  ANY  CANDIDATE  FOR
   22  NOMINATION  FOR  ELECTION, OR ELECTION, TO THE OFFICE OF GOVERNOR, LIEU-
   23  TENANT GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER, STATE SENATOR,  OR
   24  MEMBER  OF THE ASSEMBLY WHO FILES A WRITTEN CERTIFICATION IN THE FORM OF
   25  AN AFFIDAVIT PURSUANT TO SECTION 14-204 OF THIS TITLE.
   26    15. THE TERM "POST-ELECTION PERIOD" SHALL MEAN THE FIVE YEARS  FOLLOW-
   27  ING AN ELECTION WHEN A CANDIDATE IS SUBJECT TO AN AUDIT.
   28    16.  THE  TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDI-
   29  TURE FOR WHICH PUBLIC MATCHING FUNDS MAY BE USED.
   30    17. THE TERM "THRESHOLD FOR ELIGIBILITY"  SHALL  MEAN  THE  AMOUNT  OF
   31  MATCHABLE  CONTRIBUTIONS  THAT  A  CANDIDATE'S AUTHORIZED COMMITTEE MUST
   32  RECEIVE IN TOTAL IN ORDER FOR SUCH CANDIDATE TO  QUALIFY  FOR  VOLUNTARY
   33  PUBLIC FINANCING UNDER THIS TITLE.
   34    18.  THE  TERM  "TRANSFER"  SHALL MEAN ANY EXCHANGE OF FUNDS BETWEEN A
   35  PARTY OR CONSTITUTED COMMITTEE AND A CANDIDATE OR  ANY  OF  HIS  OR  HER
   36  AUTHORIZED COMMITTEES.
   37    S  14-201.  REPORTING REQUIREMENTS.   1. POLITICAL COMMITTEE REGISTRA-
   38  TION. POLITICAL COMMITTEES AS DEFINED PURSUANT  TO  SUBDIVISION  ONE  OF
   39  SECTION  14-100  OF  THIS  ARTICLE  SHALL REGISTER WITH THE BOARD BEFORE
   40  MAKING ANY CONTRIBUTION OR EXPENDITURE.  THE BOARD SHALL PUBLISH A CUMU-
   41  LATIVE LIST OF POLITICAL COMMITTEES THAT HAVE REGISTERED,  INCLUDING  ON
   42  ITS WEBPAGE, AND REGULARLY UPDATE IT.
   43    2.  ONLY  ONE  AUTHORIZED  COMMITTEE PER CANDIDATE PER ELECTIVE OFFICE
   44  SOUGHT.  BEFORE RECEIVING ANY CONTRIBUTION OR MAKING ANY EXPENDITURE FOR
   45  A COVERED ELECTION, EACH CANDIDATE SHALL NOTIFY  THE  BOARD  AS  TO  THE
   46  EXISTENCE  OF  HIS OR HER AUTHORIZED COMMITTEE THAT HAS BEEN APPROVED BY
   47  SUCH CANDIDATE. EACH CANDIDATE SHALL HAVE ONE AND  ONLY  ONE  AUTHORIZED
   48  COMMITTEE  PER  ELECTIVE  OFFICE SOUGHT. EACH AUTHORIZED COMMITTEE SHALL
   49  HAVE A TREASURER AND IS SUBJECT TO THE  RESTRICTIONS  FOUND  IN  SECTION
   50  14-112 OF THIS ARTICLE.
   51    3.  DISCLOSURE  REPORTS.   (A) DETAILED REPORTING. IN ADDITION TO EACH
   52  AUTHORIZED AND POLITICAL COMMITTEE REPORTING TO THE BOARD EVERY CONTRIB-
   53  UTION AND LOAN RECEIVED AND EVERY  EXPENDITURE  MADE  IN  THE  TIME  AND
   54  MANNER PRESCRIBED BY SECTIONS 14-102, 14-104 AND 14-108 OF THIS ARTICLE,
   55  EACH  AUTHORIZED  AND  POLITICAL  COMMITTEE SHALL ALSO SUBMIT DISCLOSURE
   56  REPORTS ON MARCH FIFTEENTH AND  MAY  FIFTEENTH  OF  EACH  ELECTION  YEAR
       S. 2005                            24                            A. 3005
    1  REPORTING  TO  THE  BOARD EVERY CONTRIBUTION AND LOAN RECEIVED AND EVERY
    2  EXPENDITURE MADE.   FOR CONTRIBUTORS  WHO  MAKE  CONTRIBUTIONS  OF  FIVE
    3  HUNDRED  DOLLARS  OR MORE, EACH AUTHORIZED AND POLITICAL COMMITTEE SHALL
    4  REPORT  TO  THE  BOARD  THE  OCCUPATION,  AND  BUSINESS  ADDRESS OF EACH
    5  CONTRIBUTOR, LENDER, AND INTERMEDIARY. THE BOARD SHALL  REVISE,  PREPARE
    6  AND  POST  FORMS  ON  ITS  WEBPAGE  THAT  FACILITATE COMPLIANCE WITH THE
    7  REQUIREMENTS OF THIS SECTION.
    8    (B) BOARD REVIEW. THE BOARD SHALL REVIEW EACH DISCLOSURE REPORT  FILED
    9  AND  SHALL  INFORM AUTHORIZED AND POLITICAL COMMITTEES OF RELEVANT QUES-
   10  TIONS IT HAS CONCERNING: (I) COMPLIANCE WITH REQUIREMENTS OF THIS  TITLE
   11  AND OF THE RULES ISSUED BY THE BOARD; AND (II) QUALIFICATION FOR RECEIV-
   12  ING  PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. IN THE COURSE OF THIS
   13  REVIEW, IT SHALL GIVE AUTHORIZED AND POLITICAL COMMITTEES AN OPPORTUNITY
   14  TO RESPOND TO AND CORRECT POTENTIAL VIOLATIONS AND  GIVE  CANDIDATES  AN
   15  OPPORTUNITY  TO  ADDRESS  QUESTIONS  IT  HAS  CONCERNING THEIR MATCHABLE
   16  CONTRIBUTION CLAIMS OR OTHER ISSUES CONCERNING ELIGIBILITY FOR RECEIVING
   17  PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. NOTHING IN THIS  PARAGRAPH
   18  SHALL PRECLUDE THE CHIEF ENFORCEMENT COUNSEL FROM SUBSEQUENTLY REVIEWING
   19  SUCH DISCLOSURE REPORTS AND TAKING ANY ACTION OTHERWISE AUTHORIZED UNDER
   20  THIS TITLE.
   21    (C)  ITEMIZATION. CONTRIBUTIONS THAT ARE NOT ITEMIZED IN REPORTS FILED
   22  WITH THE BOARD SHALL NOT BE MATCHABLE.
   23    (D) OPTION TO FILE MORE FREQUENTLY. PARTICIPATING CANDIDATES MAY  FILE
   24  REPORTS  OF CONTRIBUTIONS AS FREQUENTLY AS ONCE A WEEK ON MONDAY SO THAT
   25  THEIR MATCHING FUNDS MAY BE PAID AT THE EARLIEST ALLOWABLE DATE.
   26    S 14-202. CONTRIBUTIONS.  RECIPIENTS OF FUNDS PURSUANT TO  THIS  TITLE
   27  SHALL  BE  SUBJECT  TO  THE  APPLICABLE CONTRIBUTION LIMITS SET FORTH IN
   28  SECTION 14-114 OF THIS ARTICLE.
   29    S 14-203. PROOF OF COMPLIANCE.   AUTHORIZED AND  POLITICAL  COMMITTEES
   30  SHALL  MAINTAIN  SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR A COVERED
   31  ELECTION AS REQUIRED BY THE BOARD.  AUTHORIZED AND POLITICAL  COMMITTEES
   32  SHALL OBTAIN AND FURNISH TO THE PUBLIC FINANCING UNIT ANY INFORMATION IT
   33  MAY  REQUEST  RELATING  TO  FINANCIAL  TRANSACTIONS OR CONTRIBUTIONS AND
   34  FURNISH SUCH DOCUMENTATION AND OTHER PROOF OF COMPLIANCE WITH THIS TITLE
   35  AS MAY BE REQUESTED. IN COMPLIANCE WITH SECTION 14-108 OF THIS  ARTICLE,
   36  AUTHORIZED  AND  POLITICAL  COMMITTEES  SHALL  MAINTAIN  COPIES  OF SUCH
   37  RECORDS FOR A PERIOD OF FIVE YEARS.
   38    S 14-204. ELIGIBILITY.  1. TERMS AND CONDITIONS. TO  BE  ELIGIBLE  FOR
   39  VOLUNTARY PUBLIC FINANCING UNDER THIS TITLE, A CANDIDATE MUST:
   40    (A) BE A CANDIDATE IN A COVERED ELECTION;
   41    (B)  MEET  ALL  THE REQUIREMENTS OF LAW TO HAVE HIS OR HER NAME ON THE
   42  BALLOT;
   43    (C) IN THE CASE OF A COVERED GENERAL OR SPECIAL ELECTION,  BE  OPPOSED
   44  BY ANOTHER CANDIDATE ON THE BALLOT WHO IS NOT A WRITE-IN CANDIDATE;
   45    (D)  SUBMIT  A CERTIFICATION IN THE FORM OF AN AFFIDAVIT, IN SUCH FORM
   46  AS MAY BE PRESCRIBED BY THE BOARD, THAT SETS FORTH HIS OR HER ACCEPTANCE
   47  OF AND AGREEMENT TO  COMPLY  WITH  THE  TERMS  AND  CONDITIONS  FOR  THE
   48  PROVISION  OF SUCH FUNDS IN EACH COVERED ELECTION AND SUCH CERTIFICATION
   49  SHALL BE SUBMITTED AT LEAST FOUR MONTHS BEFORE THE ELECTION PURSUANT  TO
   50  A SCHEDULE PROMULGATED BY THE BOARD;
   51    (E) BE CERTIFIED AS A PARTICIPATING CANDIDATE BY THE BOARD;
   52    (F)  NOT  MAKE, AND NOT HAVE MADE, EXPENDITURES FROM OR USE HIS OR HER
   53  PERSONAL FUNDS OR PROPERTY OR THE PERSONAL  FUNDS  OR  PROPERTY  JOINTLY
   54  HELD  WITH  HIS  OR  HER SPOUSE, OR UNEMANCIPATED CHILDREN IN CONNECTION
   55  WITH HIS OR HER NOMINATION ELECTION OR ELECTION TO A COVERED OFFICE, BUT
   56  MAY MAKE A CONTRIBUTION TO HIS OR HER AUTHORIZED COMMITTEE IN AN  AMOUNT
       S. 2005                            25                            A. 3005
    1  THAT  DOES NOT EXCEED THREE TIMES THE APPLICABLE CONTRIBUTION LIMIT FROM
    2  AN INDIVIDUAL CONTRIBUTOR TO CANDIDATES FOR THE OFFICE THAT HE OR SHE IS
    3  SEEKING;
    4    (G) MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION TWO OF
    5  THIS SECTION; AND
    6    (H)  CONTINUE  TO  ABIDE  BY ALL REQUIREMENTS DURING THE POST-ELECTION
    7  PERIOD.
    8    2. THRESHOLD FOR ELIGIBILITY. (A) THE THRESHOLD  FOR  ELIGIBILITY  FOR
    9  PUBLIC FUNDING FOR PARTICIPATING CANDIDATES SHALL BE IN THE CASE OF:
   10    (I)  GOVERNOR,  NOT  LESS  THAN  SIX HUNDRED FIFTY THOUSAND DOLLARS IN
   11  MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST  SIX  THOUSAND  FIVE  HUNDRED
   12  MATCHABLE  CONTRIBUTIONS  COMPRISED  OF SUMS BETWEEN TEN AND ONE HUNDRED
   13  SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF NEW YORK STATE;
   14    (II) LIEUTENANT GOVERNOR, ATTORNEY GENERAL, AND COMPTROLLER, NOT  LESS
   15  THAN  TWO  HUNDRED THOUSAND DOLLARS IN MATCHABLE CONTRIBUTIONS INCLUDING
   16  AT LEAST TWO THOUSAND MATCHABLE CONTRIBUTIONS COMPRISED OF SUMS  BETWEEN
   17  TEN AND ONE HUNDRED SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS
   18  OF NEW YORK STATE;
   19    (III)  STATE SENATOR, NOT LESS THAN TWENTY THOUSAND DOLLARS IN MATCHA-
   20  BLE CONTRIBUTIONS INCLUDING AT LEAST TWO HUNDRED MATCHABLE CONTRIBUTIONS
   21  COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED SEVENTY-FIVE  DOLLARS  PER
   22  CONTRIBUTOR,  FROM  RESIDENTS OF THE DISTRICT IN WHICH THE SEAT IS TO BE
   23  FILLED; AND
   24    (IV) MEMBER OF THE ASSEMBLY, NOT LESS THAN  TEN  THOUSAND  DOLLARS  IN
   25  MATCHABLE   CONTRIBUTIONS  INCLUDING  AT  LEAST  ONE  HUNDRED  MATCHABLE
   26  CONTRIBUTIONS COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED SEVENTY-FIVE
   27  DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF THE  DISTRICT  IN  WHICH  THE
   28  SEAT IS TO BE FILLED.
   29    (B)  ANY PARTICIPATING CANDIDATE MEETING THE THRESHOLD FOR ELIGIBILITY
   30  IN A PRIMARY ELECTION FOR ONE OF THE FOREGOING OFFICES SHALL  BE  DEEMED
   31  TO  HAVE  MET THE THRESHOLD FOR ELIGIBILITY FOR SUCH OFFICE IN ANY OTHER
   32  SUBSEQUENT ELECTION HELD IN THE SAME CALENDAR YEAR.
   33    S 14-205. LIMITS ON PUBLIC FINANCING. THE FOLLOWING LIMITATIONS  APPLY
   34  TO  THE  TOTAL AMOUNTS OF PUBLIC FUNDS THAT MAY BE PROVIDED TO A PARTIC-
   35  IPATING CANDIDATE'S AUTHORIZED COMMITTEE FOR AN ELECTION CYCLE:
   36    1. IN ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS  BY  PARTICIPATING
   37  CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
   38    (I) FOR GOVERNOR, THE SUM OF EIGHT MILLION DOLLARS;
   39    (II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
   40  OF FOUR MILLION DOLLARS;
   41    (III)  FOR  SENATOR,  THE  SUM  OF THREE HUNDRED SEVENTY-FIVE THOUSAND
   42  DOLLARS;
   43    (IV) FOR MEMBER OF THE ASSEMBLY, THE SUM OF ONE  HUNDRED  SEVENTY-FIVE
   44  THOUSAND DOLLARS.
   45    2.  IN  ANY  GENERAL OR SPECIAL ELECTION, RECEIPT OF PUBLIC FUNDS BY A
   46  PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEES  SHALL  NOT  EXCEED  THE
   47  FOLLOWING AMOUNTS:
   48    CANDIDATES FOR ELECTION TO THE OFFICE OF:
   49    GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED)                $10,000,000
   50    ATTORNEY GENERAL                                           $4,000,000
   51    COMPTROLLER                                                $4,000,000
   52    MEMBER OF SENATE                                           $375,000
   53    MEMBER OF ASSEMBLY                                         $175,000
   54    3.  NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS NOT
   55  OPPOSED BY A CANDIDATE ON THE BALLOT IN  A  PRIMARY  ELECTION  SHALL  BE
   56  ENTITLED  TO  PAYMENT OF PUBLIC MATCHING FUNDS, EXCEPT THAT, WHERE THERE
       S. 2005                            26                            A. 3005
    1  IS A CONTEST IN SUCH PRIMARY ELECTION FOR THE NOMINATION OF AT LEAST ONE
    2  OF THE TWO POLITICAL PARTIES WITH THE HIGHEST AND SECOND HIGHEST  NUMBER
    3  OF  ENROLLED  MEMBERS  FOR SUCH OFFICE, A PARTICIPATING CANDIDATE WHO IS
    4  UNOPPOSED  IN  THE  PRIMARY ELECTION MAY RECEIVE PUBLIC FUNDS BEFORE THE
    5  PRIMARY ELECTION, FOR EXPENSES INCURRED ON OR BEFORE THE  DATE  OF  SUCH
    6  PRIMARY  ELECTION, IN AN AMOUNT EQUAL TO UP TO HALF THE SUM SET FORTH IN
    7  PARAGRAPH ONE OF THIS SECTION.
    8    S 14-206. PAYMENT OF PUBLIC MATCHING FUNDS. 1. DETERMINATION OF ELIGI-
    9  BILITY. NO PUBLIC MATCHING FUNDS SHALL BE PAID TO AN AUTHORIZED  COMMIT-
   10  TEE UNLESS THE BOARD DETERMINES THAT THE PARTICIPATING CANDIDATE HAS MET
   11  THE ELIGIBILITY REQUIREMENTS OF THIS TITLE. PAYMENT SHALL NOT EXCEED THE
   12  AMOUNTS  SPECIFIED IN SUBDIVISION TWO OF THIS SECTION, AND SHALL BE MADE
   13  ONLY IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE. SUCH  PAYMENT  MAY
   14  BE  MADE  ONLY TO THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE. NO
   15  PUBLIC MATCHING FUNDS SHALL BE USED EXCEPT AS REIMBURSEMENT  OR  PAYMENT
   16  FOR QUALIFIED CAMPAIGN EXPENDITURES ACTUALLY AND LAWFULLY INCURRED OR TO
   17  REPAY LOANS USED TO PAY QUALIFIED CAMPAIGN EXPENDITURES.
   18    2.  CALCULATION  OF  PAYMENT. IF THE THRESHOLD FOR ELIGIBILITY IS MET,
   19  THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE SHALL RECEIVE PAYMENT
   20  FOR QUALIFIED CAMPAIGN EXPENDITURES OF SIX DOLLARS  OF  PUBLIC  MATCHING
   21  FUNDS  FOR EACH ONE DOLLAR OF MATCHABLE CONTRIBUTIONS, FOR THE FIRST ONE
   22  HUNDRED SEVENTY-FIVE DOLLARS OF ELIGIBLE PRIVATE FUNDS PER  CONTRIBUTOR,
   23  OBTAINED  AND REPORTED TO THE BOARD IN ACCORDANCE WITH THE PROVISIONS OF
   24  THIS TITLE. THE MAXIMUM PAYMENT OF PUBLIC MATCHING FUNDS SHALL BE LIMIT-
   25  ED TO THE AMOUNTS SET FORTH IN SECTION 14-205  OF  THIS  TITLE  FOR  THE
   26  COVERED ELECTION.
   27    3.  TIMING  OF  PAYMENT.  THE  BOARD  SHALL MAKE ANY PAYMENT OF PUBLIC
   28  MATCHING FUNDS TO PARTICIPATING CANDIDATES AS SOON  AS  IS  PRACTICABLE.
   29  BUT  IN ALL CASES, IT SHALL VERIFY ELIGIBILITY FOR PUBLIC MATCHING FUNDS
   30  WITHIN FOUR DAYS,  EXCLUDING  WEEKENDS  AND  HOLIDAYS,  OF  RECEIVING  A
   31  CAMPAIGN  CONTRIBUTION REPORT FILED IN COMPLIANCE WITH SECTION 14-104 OF
   32  THIS ARTICLE. WITHIN TWO DAYS OF DETERMINING  THAT  A  CANDIDATE  FOR  A
   33  COVERED OFFICE IS ELIGIBLE FOR PUBLIC MATCHING FUNDS, IT SHALL AUTHORIZE
   34  PAYMENT OF THE APPLICABLE MATCHING FUNDS OWED TO THE CANDIDATE. HOWEVER,
   35  IT SHALL NOT MAKE ANY PAYMENTS OF PUBLIC MONEY EARLIER THAN THE EARLIEST
   36  DATES  FOR  MAKING  SUCH  PAYMENTS AS PROVIDED BY THIS TITLE.  IF ANY OF
   37  SUCH PAYMENTS WOULD REQUIRE PAYMENT ON A  WEEKEND  OR  FEDERAL  HOLIDAY,
   38  PAYMENT SHALL BE MADE ON THE NEXT BUSINESS DAY.
   39    4.  ELECTRONIC  FUNDS  TRANSFER. THE BOARD SHALL, IN CONSULTATION WITH
   40  THE OFFICE OF THE COMPTROLLER, PROMULGATE RULES TO FACILITATE ELECTRONIC
   41  FUNDS TRANSFERS DIRECTLY FROM THE CAMPAIGN FINANCE FUND INTO AN  AUTHOR-
   42  IZED COMMITTEE'S BANK ACCOUNT.
   43    5.   IRREGULARLY   SCHEDULED   ELECTIONS.  NOTWITHSTANDING  ANY  OTHER
   44  PROVISION OF THIS TITLE, THE BOARD SHALL PROMULGATE RULES TO PROVIDE FOR
   45  THE PROMPT ISSUANCE OF PUBLIC MATCHING FUNDS TO  ELIGIBLE  PARTICIPATING
   46  CANDIDATES  FOR QUALIFIED CAMPAIGN EXPENDITURES IN THE CASE OF ANY OTHER
   47  COVERED ELECTION HELD ON A DAY DIFFERENT FROM THAT THAN ORIGINALLY SCHE-
   48  DULED INCLUDING SPECIAL ELECTIONS. BUT IN ALL CASES, THE BOARD SHALL (A)
   49  WITHIN FOUR DAYS, EXCLUDING WEEKENDS AND HOLIDAYS, OF RECEIVING A REPORT
   50  OF CONTRIBUTIONS FROM A CANDIDATE FOR A COVERED OFFICE  CLAIMING  ELIGI-
   51  BILITY FOR PUBLIC MATCHING FUNDS VERIFY THAT CANDIDATE'S ELIGIBILITY FOR
   52  PUBLIC  MATCHING  FUNDS; AND (B) WITHIN TWO DAYS OF DETERMINING THAT THE
   53  CANDIDATE FOR A COVERED OFFICE IS ELIGIBLE FOR PUBLIC MATCHING FUNDS, IT
   54  SHALL AUTHORIZE PAYMENT OF THE APPLICABLE MATCHING  FUNDS  OWED  TO  THE
   55  CANDIDATE.
       S. 2005                            27                            A. 3005
    1    S  14-207.  USE  OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN EXPENDI-
    2  TURES.  1. PUBLIC MATCHING FUNDS PROVIDED UNDER THE PROVISIONS  OF  THIS
    3  TITLE  MAY  BE  USED ONLY BY AN AUTHORIZED COMMITTEE FOR EXPENDITURES TO
    4  FURTHER  THE  PARTICIPATING  CANDIDATE'S  NOMINATION  FOR  ELECTION   OR
    5  ELECTION,  INCLUDING  PAYING FOR DEBTS INCURRED WITHIN ONE YEAR PRIOR TO
    6  AN ELECTION TO FURTHER  THE  PARTICIPATING  CANDIDATE'S  NOMINATION  FOR
    7  ELECTION OR ELECTION.
    8    2. SUCH PUBLIC MATCHING FUNDS MAY NOT BE USED FOR:
    9    (A) AN EXPENDITURE IN VIOLATION OF ANY LAW;
   10    (B)  AN  EXPENDITURE  IN  EXCESS OF THE FAIR MARKET VALUE OF SERVICES,
   11  MATERIALS, FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
   12    (C) AN EXPENDITURE MADE AFTER THE CANDIDATE HAS BEEN FINALLY DISQUALI-
   13  FIED FROM THE BALLOT;
   14    (D) AN EXPENDITURE MADE AFTER  THE  ONLY  REMAINING  OPPONENT  OF  THE
   15  CANDIDATE  HAS  BEEN  FINALLY  DISQUALIFIED  FROM THE GENERAL OR SPECIAL
   16  ELECTION BALLOT;
   17    (E) AN EXPENDITURE MADE BY CASH PAYMENT;
   18    (F) A CONTRIBUTION OR LOAN OR  TRANSFER  MADE  TO  OR  EXPENDITURE  TO
   19  SUPPORT  ANOTHER CANDIDATE OR POLITICAL COMMITTEE OR PARTY, COMMITTEE OR
   20  CONSTITUTED COMMITTEE;
   21    (G) AN EXPENDITURE TO SUPPORT OR OPPOSE  A  CANDIDATE  FOR  AN  OFFICE
   22  OTHER THAN THAT WHICH THE PARTICIPATING CANDIDATE SEEKS;
   23    (H) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER PRINTED CAMPAIGN
   24  MATERIAL;
   25    (I) LEGAL FEES TO DEFEND AGAINST A CRIMINAL CHARGE;
   26    (J)  PAYMENTS  TO IMMEDIATE FAMILY MEMBERS OF THE PARTICIPATING CANDI-
   27  DATE; OR
   28    (K) ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION  OF
   29  DESIGNATION  OR NOMINATION OR ANY CERTIFICATE OF NOMINATION, ACCEPTANCE,
   30  AUTHORIZATION, DECLINATION OR SUBSTITUTION.
   31    S 14-208. POWERS AND DUTIES OF BOARD.  1. ADVISORY OPINIONS. THE BOARD
   32  SHALL RENDER ADVISORY OPINIONS WITH RESPECT TO QUESTIONS  ARISING  UNDER
   33  THIS  TITLE  UPON  THE  WRITTEN  REQUEST OF A CANDIDATE, AN OFFICER OF A
   34  POLITICAL COMMITTEE OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITIATIVE.
   35  THE BOARD SHALL PROMULGATE RULES REGARDING REASONABLE TIMES  TO  RESPOND
   36  TO SUCH REQUESTS. THE BOARD SHALL MAKE PUBLIC THE QUESTIONS OF INTERPRE-
   37  TATION  FOR  WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE BOARD AND
   38  ITS ADVISORY OPINIONS, INCLUDING BY  PUBLICATION  ON  ITS  WEBPAGE  WITH
   39  IDENTIFYING INFORMATION REDACTED AS THE BOARD DETERMINES TO BE APPROPRI-
   40  ATE.
   41    2. PUBLIC INFORMATION AND CANDIDATE EDUCATION. THE BOARD SHALL DEVELOP
   42  A  PROGRAM FOR INFORMING CANDIDATES AND THE PUBLIC AS TO THE PURPOSE AND
   43  EFFECT OF THE PROVISIONS OF THIS TITLE, INCLUDING BY MEANS OF A WEBPAGE.
   44  THE BOARD SHALL PREPARE IN PLAIN LANGUAGE AND MAKE AVAILABLE EDUCATIONAL
   45  MATERIALS, INCLUDING COMPLIANCE MANUALS AND SUMMARIES  AND  EXPLANATIONS
   46  OF THE PURPOSES AND PROVISIONS OF THIS TITLE. THE BOARD SHALL PREPARE OR
   47  HAVE  PREPARED  AND  MAKE  AVAILABLE MATERIALS, INCLUDING, TO THE EXTENT
   48  FEASIBLE, COMPUTER SOFTWARE, TO FACILITATE THE TASK OF  COMPLIANCE  WITH
   49  THE DISCLOSURE AND RECORD-KEEPING REQUIREMENTS OF THIS TITLE.
   50    3.  RULES  AND  REGULATIONS.  THE  BOARD  SHALL  HAVE THE AUTHORITY TO
   51  PROMULGATE SUCH RULES AND REGULATIONS AND PROVIDE SUCH FORMS AS IT DEEMS
   52  NECESSARY FOR THE ADMINISTRATION OF THIS TITLE.
   53    4. DATABASE.  THE  BOARD  SHALL  DEVELOP  AN  INTERACTIVE,  SEARCHABLE
   54  COMPUTER  DATABASE  THAT SHALL CONTAIN ALL INFORMATION NECESSARY FOR THE
   55  PROPER ADMINISTRATION OF THIS TITLE INCLUDING  INFORMATION  ON  CONTRIB-
   56  UTIONS TO AND EXPENDITURES BY CANDIDATES AND THEIR AUTHORIZED COMMITTEE,
       S. 2005                            28                            A. 3005
    1  INDEPENDENT  EXPENDITURES  IN  SUPPORT  OR  OPPOSITION OF CANDIDATES FOR
    2  COVERED OFFICES, AND DISTRIBUTIONS OF MONEYS FROM THE FUND.  SUCH  DATA-
    3  BASE SHALL BE ACCESSIBLE TO THE PUBLIC ON THE BOARD'S WEBPAGE.
    4    5.  THE BOARD SHALL WORK WITH THE CHIEF ENFORCEMENT COUNSEL TO ENFORCE
    5  THIS SECTION.
    6    S 14-209. AUDITS AND REPAYMENTS.  1. AUDITS. THE BOARD SHALL AUDIT AND
    7  EXAMINE ALL MATTERS RELATING TO THE PROPER ADMINISTRATION OF THIS  TITLE
    8  AND SHALL COMPLETE SUCH AUDIT NO LATER THAN TWO YEARS AFTER THE ELECTION
    9  IN QUESTION.  EVERY CANDIDATE WHO RECEIVES PUBLIC FUNDS UNDER THIS TITLE
   10  SHALL  BE  AUDITED BY THE BOARD. THE COST OF COMPLYING WITH A POST-ELEC-
   11  TION AUDIT SHALL BE BORNE BY THE CANDIDATE'S AUTHORIZED COMMITTEE  USING
   12  PUBLIC  FUNDS,  PRIVATE  FUNDS OR ANY COMBINATION OF SUCH FUNDS.  CANDI-
   13  DATES WHO RUN IN ANY PRIMARY OR GENERAL ELECTION MUST MAINTAIN A RESERVE
   14  OF THREE PERCENT OF THE PUBLIC FUNDS RECEIVED TO COMPLY WITH THE POST-E-
   15  LECTION AUDIT.  THE BOARD SHALL ISSUE TO EACH CAMPAIGN AUDITED  A  FINAL
   16  AUDIT REPORT THAT DETAILS ITS FINDINGS.
   17    2.  REPAYMENTS.  (A)  IF  THE BOARD DETERMINES THAT ANY PORTION OF THE
   18  PAYMENT MADE TO A CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS  IN
   19  EXCESS  OF  THE  AGGREGATE  AMOUNT  OF  PAYMENTS THAT SUCH CANDIDATE WAS
   20  ELIGIBLE TO RECEIVE PURSUANT TO THIS TITLE, IT SHALL NOTIFY SUCH COMMIT-
   21  TEE AND SUCH COMMITTEE SHALL PAY TO THE BOARD AN  AMOUNT  EQUAL  TO  THE
   22  AMOUNT  OF  EXCESS  PAYMENTS.  PROVIDED,  HOWEVER, THAT IF THE ERRONEOUS
   23  PAYMENT WAS THE RESULT OF AN ERROR BY  THE  BOARD,  THEN  THE  ERRONEOUS
   24  PAYMENT  WILL  BE  DEDUCTED  FROM  ANY FUTURE PAYMENT, IF ANY, AND IF NO
   25  PAYMENT IS TO BE MADE THEN NEITHER THE CANDIDATE NOR THE COMMITTEE SHALL
   26  BE LIABLE TO REPAY THE EXCESS AMOUNT TO THE BOARD.  THE  CANDIDATE,  THE
   27  TREASURER  AND  THE  CANDIDATE'S  AUTHORIZED  COMMITTEE  ARE JOINTLY AND
   28  SEVERABLY LIABLE FOR ANY REPAYMENTS TO THE BOARD.
   29    (B) IF THE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO  A
   30  CANDIDATE'S  AUTHORIZED  COMMITTEE  FROM  THE FUND WAS USED FOR PURPOSES
   31  OTHER THAN QUALIFIED CAMPAIGN EXPENDITURES AND  SUCH  EXPENDITURES  WERE
   32  NOT  APPROVED BY THE BOARD, IT SHALL NOTIFY SUCH COMMITTEE OF THE AMOUNT
   33  SO DISQUALIFIED AND SUCH COMMITTEE SHALL PAY  TO  THE  BOARD  AN  AMOUNT
   34  EQUAL  TO SUCH DISQUALIFIED AMOUNT. THE CANDIDATE, THE TREASURER AND THE
   35  CANDIDATE'S AUTHORIZED COMMITTEE ARE JOINTLY AND  SEVERABLY  LIABLE  FOR
   36  ANY REPAYMENTS TO THE BOARD.
   37    (C) IF THE TOTAL OF PAYMENTS FROM THE FUND RECEIVED BY A PARTICIPATING
   38  CANDIDATE  AND HIS OR HER AUTHORIZED COMMITTEE EXCEED THE TOTAL CAMPAIGN
   39  EXPENDITURES OF SUCH CANDIDATE AND AUTHORIZED COMMITTEE FOR ALL  COVERED
   40  ELECTIONS  HELD  IN  THE SAME CALENDAR YEAR OR FOR A SPECIAL ELECTION TO
   41  FILL A VACANCY, SUCH CANDIDATE AND COMMITTEE SHALL USE SUCH EXCESS FUNDS
   42  TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH AUTHORIZED COMMITTEE
   43  FROM THE FUND DURING SUCH CALENDAR YEAR OR FOR  SUCH  SPECIAL  ELECTION.
   44  PARTICIPATING  CANDIDATES SHALL PAY TO THE BOARD UNSPENT PUBLIC CAMPAIGN
   45  FUNDS FROM AN ELECTION  NOT  LATER  THAN  TWENTY-SEVEN  DAYS  AFTER  ALL
   46  LIABILITIES  FOR THE ELECTION HAVE BEEN PAID AND IN ANY EVENT, NOT LATER
   47  THAN THE DAY ON WHICH THE BOARD ISSUES ITS FINAL AUDIT  REPORT  FOR  THE
   48  PARTICIPATING  CANDIDATE'S AUTHORIZED COMMITTEE; PROVIDED, HOWEVER, THAT
   49  ALL UNSPENT PUBLIC CAMPAIGN FUNDS FOR A PARTICIPATING CANDIDATE SHALL BE
   50  IMMEDIATELY DUE AND PAYABLE TO THE BOARD UPON  A  DETERMINATION  BY  THE
   51  BOARD  THAT  THE  PARTICIPANT  HAS  DELAYED  THE  POST-ELECTION AUDIT. A
   52  PARTICIPATING CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES WITH  PUBLIC
   53  FUNDS ONLY FOR ROUTINE ACTIVITIES INVOLVING NOMINAL COST ASSOCIATED WITH
   54  WINDING  UP A CAMPAIGN AND RESPONDING TO THE POST-ELECTION AUDIT.  NOTH-
   55  ING IN THIS TITLE SHALL BE CONSTRUED TO PREVENT A CANDIDATE  OR  HIS  OR
       S. 2005                            29                            A. 3005
    1  HER AUTHORIZED COMMITTEE FROM USING CAMPAIGN CONTRIBUTIONS RECEIVED FROM
    2  PRIVATE CONTRIBUTORS FOR OTHERWISE LAWFUL EXPENDITURES.
    3    3. THE BOARD SHALL PROMULGATE REGULATIONS FOR THE CERTIFICATION OF THE
    4  AMOUNT  OF  FUNDS  PAYABLE BY THE COMPTROLLER, FROM THE FUND ESTABLISHED
    5  PURSUANT TO SECTION NINETY-TWO-T OF THE STATE FINANCE LAW, TO A  PARTIC-
    6  IPATING  CANDIDATE  THAT  HAS  QUALIFIED  TO RECEIVE SUCH PAYMENT. THESE
    7  REGULATIONS SHALL INCLUDE THE PROMULGATION AND DISTRIBUTION OF FORMS  ON
    8  WHICH  CONTRIBUTIONS  AND  EXPENDITURES  ARE TO BE REPORTED, THE PERIODS
    9  DURING WHICH SUCH REPORTS MUST BE FILED AND THE  VERIFICATION  REQUIRED.
   10  THE BOARD SHALL INSTITUTE PROCEDURES WHICH WILL MAKE POSSIBLE PAYMENT BY
   11  THE  FUND  WITHIN FOUR BUSINESS DAYS AFTER RECEIPT OF THE REQUIRED FORMS
   12  AND VERIFICATIONS.
   13    S  14-210.  ENFORCEMENT  AND  PENALTIES  FOR  VIOLATIONS   AND   OTHER
   14  PROCEEDINGS.    1.  CIVIL PENALTIES. VIOLATIONS OF ANY PROVISION OF THIS
   15  TITLE OR RULE PROMULGATED PURSUANT TO THIS TITLE SHALL BE SUBJECT  TO  A
   16  CIVIL PENALTY IN AN AMOUNT NOT IN EXCESS OF FIFTEEN THOUSAND DOLLARS.
   17    2. NOTICE OF VIOLATION AND OPPORTUNITY TO CONTEST. THE BOARD SHALL:
   18    (A)  DETERMINE  WHETHER  A VIOLATION OF ANY PROVISION OF THIS TITLE OR
   19  RULE PROMULGATED HEREUNDER HAS BEEN COMMITTED;
   20    (B) GIVE WRITTEN NOTICE AND THE OPPORTUNITY TO CONTEST BEFORE AN INDE-
   21  PENDENT HEARING OFFICER TO EACH  PERSON  OR  ENTITY  IT  HAS  REASON  TO
   22  BELIEVE HAS COMMITTED A VIOLATION; AND
   23    (C)  IF  APPROPRIATE,  ASSESS PENALTIES FOR VIOLATIONS, FOLLOWING SUCH
   24  NOTICE AND OPPORTUNITY TO CONTEST.
   25    3. CRIMINAL CONDUCT. ANY PERSON WHO KNOWINGLY AND WILLFULLY  FURNISHES
   26  OR  SUBMITS  FALSE  STATEMENTS OR INFORMATION TO THE BOARD IN CONNECTION
   27  WITH ITS ADMINISTRATION OF THIS TITLE, SHALL BE GUILTY OF A  MISDEMEANOR
   28  IN ADDITION TO ANY OTHER PENALTY AS MAY BE IMPOSED UNDER THIS CHAPTER OR
   29  PURSUANT  TO  ANY OTHER LAW. THE CHIEF ENFORCEMENT COUNSEL SHALL SEEK TO
   30  RECOVER ANY PUBLIC MATCHING FUNDS OBTAINED AS A RESULT OF SUCH  CRIMINAL
   31  CONDUCT.
   32    4. PROCEEDINGS AS TO PUBLIC FINANCING. (A) THE DETERMINATION OF ELIGI-
   33  BILITY  PURSUANT  TO  THIS  TITLE  AND ANY QUESTION OR ISSUE RELATING TO
   34  PAYMENTS FOR  CAMPAIGN  EXPENDITURES  PURSUANT  TO  THIS  TITLE  MAY  BE
   35  CONTESTED  IN A PROCEEDING INSTITUTED IN THE SUPREME COURT, ALBANY COUN-
   36  TY, BY ANY AGGRIEVED CANDIDATE.
   37    (B) A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION  OF  ELIGIBILITY
   38  OR  PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO THIS CHAPTER
   39  SHALL BE INSTITUTED WITHIN FOURTEEN DAYS AFTER  SUCH  DETERMINATION  WAS
   40  MADE. THE BOARD SHALL BE MADE A PARTY TO ANY SUCH PROCEEDING.
   41    (C)  UPON THE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE FROM A PARTIC-
   42  IPATING CANDIDATE OR SUCH CANDIDATE'S  AUTHORIZED  COMMITTEE  AFTER  THE
   43  ISSUANCE  OF  WRITTEN  NOTICE  OF  SUCH  AMOUNT DUE, AS REQUIRED BY THIS
   44  TITLE, THE CHIEF  ENFORCEMENT  COUNSEL  IS  AUTHORIZED  TO  INSTITUTE  A
   45  SPECIAL  PROCEEDING  OR CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO
   46  OBTAIN A JUDGMENT FOR ANY AMOUNTS DETERMINED TO BE PAYABLE TO THE  BOARD
   47  AS  A  RESULT OF AN EXAMINATION AND AUDIT MADE PURSUANT TO THIS TITLE OR
   48  TO OBTAIN SUCH AMOUNTS DIRECTLY FROM THE CANDIDATE OR AUTHORIZED COMMIT-
   49  TEE AFTER A HEARING AT THE STATE BOARD OF ELECTIONS.
   50    (D) THE CHIEF ENFORCEMENT COUNSEL IS AUTHORIZED TO INSTITUTE A SPECIAL
   51  PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN  A
   52  JUDGMENT  FOR  CIVIL  PENALTIES  DETERMINED  TO  BE PAYABLE TO THE BOARD
   53  PURSUANT TO THIS TITLE OR TO IMPOSE SUCH PENALTY DIRECTLY AFTER A  HEAR-
   54  ING AT THE STATE BOARD OF ELECTIONS.
   55    S  14-211.  REPORTS. THE BOARD SHALL REVIEW AND EVALUATE THE EFFECT OF
   56  THIS TITLE UPON THE CONDUCT OF ELECTION CAMPAIGNS  AND  SHALL  SUBMIT  A
       S. 2005                            30                            A. 3005
    1  REPORT TO THE LEGISLATURE ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWEN-
    2  TY,  AND  EVERY  THIRD  YEAR  THEREAFTER, AND AT ANY OTHER TIME UPON THE
    3  REQUEST OF THE GOVERNOR AND AT SUCH  OTHER  TIMES  AS  THE  BOARD  DEEMS
    4  APPROPRIATE. THESE REPORTS SHALL INCLUDE:
    5    1.  A  LIST  OF  THE  PARTICIPATING AND NONPARTICIPATING CANDIDATES IN
    6  COVERED ELECTIONS AND THE VOTES RECEIVED  BY  EACH  CANDIDATE  IN  THOSE
    7  ELECTIONS;
    8    2.  THE  AMOUNT  OF CONTRIBUTIONS AND LOANS RECEIVED, AND EXPENDITURES
    9  MADE, ON BEHALF OF THESE CANDIDATES;
   10    3. THE AMOUNT OF PUBLIC MATCHING FUNDS  EACH  PARTICIPATING  CANDIDATE
   11  RECEIVED, SPENT, AND REPAID PURSUANT TO THIS TITLE;
   12    4.  ANALYSIS  OF  THE  EFFECT  OF  THIS  TITLE ON POLITICAL CAMPAIGNS,
   13  INCLUDING ITS EFFECT ON THE SOURCES AND AMOUNTS  OF  PRIVATE  FINANCING,
   14  THE  LEVEL  OF CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE NUMBER OF
   15  CANDIDATES, THE CANDIDATES' ABILITY TO CAMPAIGN EFFECTIVELY  FOR  PUBLIC
   16  OFFICE,  AND  THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE;
   17  AND
   18    5. RECOMMENDATIONS FOR AMENDMENTS TO THIS TITLE, INCLUDING CHANGES  IN
   19  CONTRIBUTION  LIMITS, THRESHOLDS FOR ELIGIBILITY, AND ANY OTHER FEATURES
   20  OF THE SYSTEM.
   21    S 14-212. DEBATES FOR CANDIDATES FOR  STATEWIDE  OFFICE.    THE  BOARD
   22  SHALL  PROMULGATE  REGULATIONS TO FACILITATE DEBATES AMONG PARTICIPATING
   23  CANDIDATES WHO SEEK ELECTION TO STATEWIDE OFFICE.  PARTICIPATING  CANDI-
   24  DATES ARE REQUIRED TO PARTICIPATE IN ONE DEBATE BEFORE EACH ELECTION FOR
   25  WHICH  THE  CANDIDATE  RECEIVES  PUBLIC  FUNDS, UNLESS THE PARTICIPATING
   26  CANDIDATE IS RUNNING UNOPPOSED. NONPARTICIPATING CANDIDATES MAY  PARTIC-
   27  IPATE IN SUCH DEBATES.
   28    S  14-213. SEVERABILITY.   IF ANY CLAUSE, SENTENCE, SUBDIVISION, PARA-
   29  GRAPH, SECTION OR PART OF THIS TITLE BE ADJUDGED BY ANY COURT OF  COMPE-
   30  TENT  JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR
   31  OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
   32  TION TO THE CLAUSE, SENTENCE, SUBDIVISION, PARAGRAPH,  SECTION  OR  PART
   33  THEREOF  DIRECTLY  INVOLVED  IN  THE  CONTROVERSY IN WHICH SUCH JUDGMENT
   34  SHALL HAVE BEEN RENDERED.
   35    S 10. The state finance law is amended by adding a new section 92-t to
   36  read as follows:
   37    S 92-T. NEW YORK STATE CAMPAIGN  FINANCE  FUND.  1.  THERE  IS  HEREBY
   38  ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
   39  COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW  YORK
   40  STATE CAMPAIGN FINANCE FUND.
   41    2.  SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE NEW YORK
   42  STATE CAMPAIGN FINANCE FUND CHECK-OFF  PURSUANT  TO  SUBSECTION  (H)  OF
   43  SECTION SIX HUNDRED FIFTY-EIGHT OF THE TAX LAW, FROM THE ABANDONED PROP-
   44  ERTY  FUND  PURSUANT  TO  SECTION  NINETY-FIVE OF THIS ARTICLE, FROM THE
   45  GENERAL FUND, AND FROM ALL OTHER MONEYS CREDITED OR TRANSFERRED  THERETO
   46  FROM  ANY  OTHER  FUND  OR SOURCE PURSUANT TO LAW.  SUCH FUND SHALL ALSO
   47  RECEIVE CONTRIBUTIONS FROM PRIVATE INDIVIDUALS, ORGANIZATIONS, OR  OTHER
   48  PERSONS TO FULFILL THE PURPOSES OF THE PUBLIC FINANCING SYSTEM.
   49    3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
   50  BE  EXPENDED  FOR THE PURPOSES OF MAKING PAYMENTS TO CANDIDATES PURSUANT
   51  TO TITLE II OF ARTICLE FOURTEEN OF THE ELECTION LAW AND FOR  ADMINISTRA-
   52  TIVE  EXPENSES  RELATED TO THE IMPLEMENTATION OF ARTICLE FOURTEEN OF THE
   53  ELECTION LAW. MONEYS SHALL BE PAID OUT OF THE FUND BY  THE  STATE  COMP-
   54  TROLLER  ON  VOUCHERS  CERTIFIED  OR  APPROVED  BY  THE  STATE  BOARD OF
   55  ELECTIONS,  OR  ITS  DULY  DESIGNATED  REPRESENTATIVE,  IN  THE   MANNER
       S. 2005                            31                            A. 3005
    1  PRESCRIBED BY LAW, NOT MORE THAN FIVE WORKING DAYS AFTER SUCH VOUCHER IS
    2  RECEIVED BY THE STATE COMPTROLLER.
    3    4.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, IF, IN ANY
    4  STATE FISCAL YEAR, THE STATE CAMPAIGN FINANCE FUND LACKS THE  AMOUNT  OF
    5  MONEY  TO  PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES AND CERTIFIED
    6  OR APPROVED BY THE STATE BOARD OF ELECTIONS, ANY SUCH  DEFICIENCY  SHALL
    7  BE  PAID  BY  THE STATE COMPTROLLER, FROM FUNDS DEPOSITED IN THE GENERAL
    8  FUND OF THE STATE NOT MORE THAN FOUR WORKING DAYS AFTER SUCH VOUCHER  IS
    9  RECEIVED BY THE STATE COMPTROLLER.
   10    5.  COMMENCING IN TWO THOUSAND NINETEEN, IF THE SURPLUS IN THE FUND ON
   11  APRIL FIRST OF THE YEAR AFTER A YEAR IN  WHICH  A  GOVERNOR  IS  ELECTED
   12  EXCEEDS  TWENTY-FIVE PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER THE
   13  PREVIOUS FOUR YEARS, THE EXCESS SHALL REVERT TO THE GENERAL FUND OF  THE
   14  STATE.
   15    6.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
   16  PRIMARY  ELECTION  ANY  EARLIER  THAN  THIRTY  DAYS  AFTER   DESIGNATING
   17  PETITIONS  OR  CERTIFICATES  OF NOMINATION HAVE BEEN FILED AND NOT LATER
   18  THAN THIRTY DAYS AFTER SUCH PRIMARY ELECTION.
   19    7. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN  A
   20  GENERAL  ELECTION  ANY EARLIER THAN THE DAY AFTER THE DAY OF THE PRIMARY
   21  ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
   22    8. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN  A
   23  SPECIAL  ELECTION  ANY  EARLIER  THAN THE DAY AFTER THE LAST DAY TO FILE
   24  CERTIFICATES OF PARTY NOMINATION FOR SUCH SPECIAL ELECTION.
   25    9. NO PUBLIC FUNDS SHALL BE PAID TO ANY  PARTICIPATING  CANDIDATE  WHO
   26  HAS  BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN DECLARED
   27  INVALID BY THE APPROPRIATE BOARD OF ELECTIONS OR A  COURT  OF  COMPETENT
   28  JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED BY A HIGHER COURT
   29  IN A FINAL JUDGMENT.  NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH
   30  A  CANDIDATE  OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON THE DATE OF
   31  SUCH DISQUALIFICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY
   32  PURPOSE EXCEPT THE PAYMENT OF LIABILITIES  INCURRED  BEFORE  SUCH  DATE.
   33  ALL SUCH MONEYS SHALL BE REPAID TO THE FUND.
   34    S  11.  Section 95 of the state finance law is amended by adding a new
   35  subdivision 5 to read as follows:
   36    5. (A) AS OFTEN AS NECESSARY, THE CO-CHAIRS  OF  THE  STATE  BOARD  OF
   37  ELECTIONS SHALL CERTIFY THE AMOUNT SUCH CO-CHAIRS HAVE DETERMINED NECES-
   38  SARY  TO  FUND  ESTIMATED  PAYMENTS FROM THE FUND ESTABLISHED BY SECTION
   39  NINETY-TWO-T OF  THIS  ARTICLE  FOR  THE  PRIMARY,  GENERAL  OR  SPECIAL
   40  ELECTION.
   41    (B)  NOTWITHSTANDING  ANY  PROVISION  OF  THIS SECTION AUTHORIZING THE
   42  TRANSFER OF ANY MONEYS IN THE ABANDONED PROPERTY  FUND  TO  THE  GENERAL
   43  FUND, THE COMPTROLLER, AFTER RECEIVING AMOUNTS  SUFFICIENT TO PAY CLAIMS
   44  AGAINST  THE  ABANDONED PROPERTY FUND, SHALL, BASED UPON A CERTIFICATION
   45  OF THE BOARD OF ELECTIONS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION,
   46  AND AT THE DIRECTION  OF  THE  DIRECTOR  OF  THE  BUDGET,  TRANSFER  THE
   47  REQUESTED  AMOUNT FROM REMAINING AVAILABLE MONIES IN THE ABANDONED PROP-
   48  ERTY  FUND  TO  THE  CAMPAIGN  FINANCE  FUND  ESTABLISHED   BY   SECTION
   49  NINETY-TWO-T OF THIS ARTICLE.
   50    S 12. Section 658 of the tax law is amended by adding a new subsection
   51  (h) to read as follows:
   52    (H) NEW YORK STATE CAMPAIGN FINANCE FUND CHECK-OFF. (1) FOR EACH TAXA-
   53  BLE  YEAR  BEGINNING  ON  AND AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN,
   54  EVERY RESIDENT TAXPAYER WHOSE NEW YORK STATE INCOME  TAX  LIABILITY  FOR
   55  THE  TAXABLE YEAR FOR WHICH THE RETURN IS FILED IS FORTY DOLLARS OR MORE
   56  MAY DESIGNATE ON SUCH RETURN THAT FORTY DOLLARS BE  PAID  INTO  THE  NEW
       S. 2005                            32                            A. 3005
    1  YORK  STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-TWO-T OF
    2  THE STATE FINANCE LAW. WHERE A HUSBAND AND WIFE FILE A JOINT RETURN  AND
    3  HAVE  A  NEW  YORK  STATE  INCOME TAX LIABILITY FOR THE TAXABLE YEAR FOR
    4  WHICH  THE  RETURN  IS FILED IS EIGHTY DOLLARS OR MORE, OR FILE SEPARATE
    5  RETURNS ON A SINGLE FORM, EACH SUCH TAXPAYER MAY  MAKE  SEPARATE  DESIG-
    6  NATIONS  ON  SUCH  RETURN  OF FORTY DOLLARS TO BE PAID INTO THE NEW YORK
    7  STATE CAMPAIGN FINANCE FUND.
    8    (2) THE COMMISSIONER SHALL TRANSFER TO THE  NEW  YORK  STATE  CAMPAIGN
    9  FINANCE  FUND, ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE STATE
   10  FINANCE LAW, AN AMOUNT EQUAL TO FORTY DOLLARS MULTIPLIED BY  THE  NUMBER
   11  OF DESIGNATIONS.
   12    (3)  FOR  PURPOSES  OF THIS SUBSECTION, THE INCOME TAX LIABILITY OF AN
   13  INDIVIDUAL FOR ANY TAXABLE YEAR IS THE AMOUNT OF TAX IMPOSED UNDER  THIS
   14  ARTICLE  REDUCED  BY  THE  SUM  OF  THE  CREDITS (AS SHOWN IN HIS OR HER
   15  RETURN) ALLOWABLE UNDER THIS ARTICLE.
   16    (4) THE DEPARTMENT SHALL INCLUDE A PLACE ON EVERY PERSONAL INCOME  TAX
   17  RETURN  FORM TO BE FILED BY AN INDIVIDUAL FOR A TAX YEAR BEGINNING ON OR
   18  AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, FOR SUCH TAXPAYER TO MAKE THE
   19  DESIGNATIONS DESCRIBED IN PARAGRAPH ONE OF THIS SUBSECTION. SUCH  RETURN
   20  FORM SHALL CONTAIN A CONCISE EXPLANATION OF THE PURPOSE OF SUCH OPTIONAL
   21  DESIGNATIONS.
   22    S  13.  Severability. If any clause, sentence, subdivision, paragraph,
   23  section or part of title II of article 14 of the election law, as  added
   24  by  section  seven  of  this  act  be adjudged by any court of competent
   25  jurisdiction to be invalid, such judgment shall not  affect,  impair  or
   26  invalidate the remainder thereof, but shall be confined in its operation
   27  to the clause, sentence, subdivision, paragraph, section or part thereof
   28  directly  involved  in the controversy in which such judgment shall have
   29  been rendered.
   30    S 14.  This act shall take effect immediately; provided, however,  all
   31  affected  candidates will be eligible to participate in voluntary public
   32  financing beginning with the 2018 primary election.
   33                                   PART F
   34    Section 1. Subdivision 2 of section  4-126  of  the  election  law  is
   35  REPEALED.
   36    S 2. Subdivision 2 of section 9-212 of the election law, as amended by
   37  chapter 635 of the laws of 1990, is amended to read as follows:
   38    2.  All  such  determinations  shall  be  in writing and signed by the
   39  members of the canvassing board or a majority  of  them  and  filed  and
   40  recorded in the office of the board of elections. [Except in the city of
   41  New York and in the counties of Nassau, Orange and Westchester, the] THE
   42  board of elections shall cause a copy of such determinations, and of the
   43  statements  filed  in  its  office  upon  which such determinations were
   44  based, to be [published once in each of  the  newspapers  designated  to
   45  publish election notices and the official canvass] POSTED ON ITS WEBSITE
   46  FOR  A  MINIMUM  PERIOD  OF  THREE  DAYS. The statement of canvass to be
   47  [published] POSTED,  however,  shall  not  give  the  vote  by  election
   48  districts  but  shall  contain  only the total vote for a person, or the
   49  total vote for and the total vote against a ballot proposal, cast within
   50  the county, or within the portion thereof, if any, in which an office is
   51  filled or ballot proposal is decided by the voters if the canvass of the
   52  vote thereon devolves upon the county board of canvassers.  Such  totals
   53  shall be expressed in arabic numerals.
       S. 2005                            33                            A. 3005
    1    S 3. Section 4-116 of the election law, the section heading as amended
    2  by  chapter 234 of the laws of 1976, subdivision 1 as amended by chapter
    3  341 of the laws of 1995 and subdivisions 2 and 3 as amended  by  chapter
    4  60 of the laws of 1993, is amended to read as follows:
    5    S  4-116.  Constitutional  amendments and questions; publication of by
    6  state board of elections and secretary of state.  1.  The  secretary  of
    7  state  shall  cause  each concurrent resolution of the two houses of the
    8  legislature agreeing to a proposed amendment to  the  constitution  that
    9  has  been  referred  to the legislature to be chosen at the next general
   10  election to be [published] POSTED ON ITS WEBSITE at least once  in  each
   11  of  the three months next preceding such election FOR A MINIMUM OF THREE
   12  DAYS. Such [publication] POSTING shall include the information that such
   13  amendment has been so referred.
   14    2. The state board of elections  shall  [publish  once]  POST  ON  ITS
   15  WEBSITE  FOR  A MINIMUM OF THREE DAYS in the week preceding any election
   16  at which proposed constitutional amendments  or  other  propositions  or
   17  questions  are to be submitted to the voters of the state an abstract of
   18  such amendment or question, a brief statement of the law or  proceedings
   19  authorizing  such  submission,  a statement that such submission will be
   20  made and the form in which it is to be submitted.
   21    [3. Publication required by subdivision two of this section  shall  be
   22  in one newspaper of general circulation in each county.]
   23    S 4. This act shall take effect April 1, 2015.
   24                                   PART G
   25    Section  1.   The civil service law is amended by adding a new section
   26  66 to read as follows:
   27    S 66.  TERM  APPOINTMENTS  IN  INFORMATION  TECHNOLOGY  POSITIONS.  1.
   28  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE DEPARTMENT MAY AUTHORIZE
   29  TERM  APPOINTMENTS  WITHOUT EXAMINATION TO TEMPORARY POSITIONS REQUIRING
   30  SPECIAL EXPERTISE OR  QUALIFICATIONS  IN  INFORMATION  TECHNOLOGY.  SUCH
   31  APPOINTMENTS  MAY  BE  AUTHORIZED ONLY IN SUCH CASES WHERE THE OFFICE OF
   32  INFORMATION TECHNOLOGY SERVICES CERTIFIES TO THE DEPARTMENT THAT BECAUSE
   33  OF THE TYPE OF SERVICES TO BE RENDERED OR THE  TEMPORARY  OR  OCCASIONAL
   34  CHARACTER OF SUCH SERVICES, IT WOULD NOT BE PRACTICABLE TO HOLD AN EXAM-
   35  INATION  OF  ANY  KIND.  SUCH  CERTIFICATION  SHALL BE A PUBLIC DOCUMENT
   36  PURSUANT TO THE PUBLIC OFFICERS  LAW  AND  SHALL  IDENTIFY  THE  SPECIAL
   37  EXPERTISE  OR  QUALIFICATIONS  THAT  ARE REQUIRED AND WHY THEY CANNOT BE
   38  OBTAINED THROUGH AN APPOINTMENT FROM AN ELIGIBLE LIST. THE MAXIMUM PERI-
   39  OD FOR A TERM APPOINTMENT ESTABLISHED PURSUANT TO THIS SUBDIVISION SHALL
   40  NOT EXCEED SIXTY MONTHS AND SHALL  NOT  BE  EXTENDED,  AND  THE  MAXIMUM
   41  NUMBER  OF  SUCH  APPOINTMENTS  SHALL NOT EXCEED THREE HUNDRED. AT LEAST
   42  FIFTEEN DAYS PRIOR TO MAKING A TERM APPOINTMENT PURSUANT TO THIS SECTION
   43  THE APPOINTING AUTHORITY SHALL PUBLICLY AND CONSPICUOUSLY  POST  IN  ITS
   44  OFFICES INFORMATION ABOUT THE TEMPORARY POSITION AND THE REQUIRED QUALI-
   45  FICATIONS AND SHALL ALLOW ANY QUALIFIED EMPLOYEE TO APPLY FOR SAID POSI-
   46  TION. AN EMPLOYEE APPOINTED PURSUANT TO THIS PROVISION WHO HAS COMPLETED
   47  TWO  YEARS  OF  CONTINUOUS SERVICE UNDER THIS PROVISION SHALL BE ABLE TO
   48  COMPETE IN ONE PROMOTIONAL EXAMINATION THAT IS ALSO  OPEN  TO  EMPLOYEES
   49  WHO HAVE PERMANENT CIVIL SERVICE APPOINTMENTS AND APPROPRIATE QUALIFICA-
   50  TIONS.
   51    2.  A  TEMPORARY  POSITION  ESTABLISHED PURSUANT TO SUBDIVISION ONE OF
   52  THIS SECTION MAY BE ABOLISHED FOR REASONS OF ECONOMY,  CONSOLIDATION  OR
   53  ABOLITION  OF  FUNCTIONS,  CURTAILMENT  OF ACTIVITIES OR OTHERWISE. UPON
   54  SUCH ABOLITION OR AT THE  END  OF  THE  TERM  OF  THE  APPOINTMENT,  THE
       S. 2005                            34                            A. 3005
    1  PROVISIONS   OF   SECTIONS   SEVENTY-EIGHT,   SEVENTY-NINE,  EIGHTY  AND
    2  EIGHTY-ONE OF THIS CHAPTER SHALL NOT APPLY. IN THE EVENT OF A  REDUCTION
    3  OF WORKFORCE PURSUANT TO SECTION EIGHTY OF THIS CHAPTER AFFECTING INFOR-
    4  MATION  TECHNOLOGY  POSITIONS,  THE  TERM  APPOINTMENTS PURSUANT TO THIS
    5  SECTION AT THE OFFICE OF INFORMATION TECHNOLOGY SERVICES SHALL BE  ABOL-
    6  ISHED  PRIOR TO THE ABOLITION OF PERMANENT COMPETITIVE CLASS INFORMATION
    7  TECHNOLOGY POSITIONS AT THE OFFICE OF  INFORMATION  TECHNOLOGY  SERVICES
    8  INVOLVING COMPARABLE SKILLS AND RESPONSIBILITIES.
    9    3.  (A)  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, THE
   10  DEPARTMENT MAY LIMIT CERTIFICATION FROM THE FOLLOWING ELIGIBLE LISTS  TO
   11  THOSE  ELIGIBLES  IDENTIFIED  AS  HAVING  KNOWLEDGE,  SKILLS  OR CERTIF-
   12  ICATIONS, OR ANY  COMBINATION  THEREOF,  IDENTIFIED  BY  THE  APPOINTING
   13  AUTHORITY  AS  NECESSARY  TO  PERFORM THE DUTIES OF ANY OF THE FOLLOWING
   14  POSITIONS:
   15    35-382 INFORMATION TECHNOLOGY SPECIALIST 4 G-25;
   16    35-383 INFORMATION TECHNOLOGY SPECIALIST 4 (DATA COMMUNICATIONS) G-25;
   17    35-384 INFORMATION TECHNOLOGY SPECIALIST 4 (DATABASE) G-25;
   18    35-386 INFORMATION TECHNOLOGY SPECIALIST 4 (SYSTEMS PROGRAMMING) G-25;
   19    35-387 MANAGER INFORMATION TECHNOLOGY SERVICES 1 G-27;
   20    35-388 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (DATA COMMUNICATIONS)
   21  G-27;
   22    35-389 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (DATABASE) G-27;
   23    35-391 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (SYSTEMS PROGRAMMING)
   24  G-27; OR
   25    35-392 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (TECHNICAL) G-27.
   26    (B) NO SUCH LIMITATION ON CERTIFICATION SHALL OCCUR UNTIL A  SKILL-SET
   27  INVENTORY IS CONDUCTED FOR ALL PERSONS ON ANY LIST SO LIMITED.
   28    S  2.  Notwithstanding any provision of law to the contrary, the civil
   29  service department may re-classify any person employed in  a  permanent,
   30  classified,  competitive position immediately prior to being transferred
   31  to the office of information technology services pursuant to subdivision
   32  2 of section 70 of the civil service law to align with  the  duties  and
   33  responsibilities  of  their positions upon transfer. Permanent employees
   34  whose positions are subsequently reclassified to align with  the  duties
   35  and  responsibilities  of  their positions upon being transferred to the
   36  office of information technology services pursuant to subdivision  2  of
   37  section  70  of  the civil service law shall hold such positions without
   38  further  examination  or  qualification.   Notwithstanding   any   other
   39  provision  of this act, the names of those competitive permanent employ-
   40  ees on promotion eligible lists in their  former  agency  or  department
   41  shall  be  added  and interfiled on a promotion eligible list in the new
   42  department, as the state civil service department deems appropriate.
   43    S 3. (a) Notwithstanding any provision of law  to  the  contrary,  the
   44  civil  service  department  may  re-classify  any  person employed in an
   45  exempt or non-competitive class  position  immediately  prior  to  being
   46  transferred to the office of information technology services pursuant to
   47  subdivision  2  of section 70 of the civil service law to align with the
   48  duties and responsibilities of their positions upon transfer.  Permanent
   49  employees whose positions are subsequently re-classified to  align  with
   50  the  duties  and  responsibilities  of their positions upon being trans-
   51  ferred to the office of  information  technology  services  pursuant  to
   52  subdivision  2  of  section  70 of the civil service law shall hold such
   53  positions without further examination or qualification.
   54    (b) No employee whose  position  is  re-classified  pursuant  to  this
   55  section  or  section  two  of this act shall suffer a reduction in basic
   56  salary as a result of  such  re-classification  and  shall  continue  to
       S. 2005                            35                            A. 3005
    1  receive,  at  a  minimum,  the  salary that such employee received while
    2  employed at their prior agency.
    3    S 4. This act shall take effect immediately.
    4                                   PART H
    5    Section  1.  Paragraph  d of subdivision 1 of section 130 of the civil
    6  service law is amended by adding four new subparagraphs 4, 5, 6 and 7 to
    7  read as follows:
    8    (4) EFFECTIVE JULY FIRST, TWO THOUSAND FIFTEEN:
    9  GRADE          HIRING         JOB
   10                 RATE           RATE
   11  M/C 3          $23,927        $30,588
   12  M/C 4          $24,983        $31,977
   13  M/C 5          $26,482        $33,528
   14  M/C 6          $27,606        $35,248
   15  M/C 7          $29,198        $37,156
   16  M/C 8          $30,800        $39,071
   17  M/C 9          $32,560        $41,150
   18  M/C 10         $34,315        $43,433
   19  M/C 11         $36,396        $45,844
   20  M/C 12         $38,316        $48,249
   21  M/C 13         $40,546        $50,929
   22  M/C 14         $42,955        $53,731
   23  M/C 15         $45,345        $56,632
   24  M/C 16         $47,901        $59,653
   25  M/C 17         $50,618        $62,942
   26  M/C 18         $50,887        $63,146
   27  M/C 19         $53,616        $66,429
   28  M/C 20         $56,349        $69,761
   29  M/C 21         $59,388        $73,364
   30  M/C 22         $62,580        $77,218
   31  M/C 23         $65,788        $82,195
   32  M 1            $71,009        $89,758
   33  M 2            $78,752        $99,545
   34  M 3            $87,404        $110,451
   35  M 4            $96,672        $121,997
   36  M 5            $107,340       $135,616
   37  M 6            $118,847       $149,486
   38  M 7            $131,002       $162,244
   39  M 8            $110,453+
   40    (5) EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN:
   41  GRADE          HIRING         JOB
   42                 RATE           RATE
   43  M/C 3          $24,406        $31,200
   44  M/C 4          $25,483        $32,617
   45  M/C 5          $27,012        $34,199
   46  M/C 6          $28,158        $35,953
   47  M/C 7          $29,782        $37,899
   48  M/C 8          $31,416        $39,852
   49  M/C 9          $33,211        $41,973
   50  M/C 10         $35,001        $44,302
   51  M/C 11         $37,124        $46,761
   52  M/C 12         $39,082        $49,214
   53  M/C 13         $41,357        $51,948
   54  M/C 14         $43,814        $54,806
       S. 2005                            36                            A. 3005
    1  M/C 15         $46,252        $57,765
    2  M/C 16         $48,859        $60,846
    3  M/C 17         $51,630        $64,201
    4  M/C 18         $51,905        $64,409
    5  M/C 19         $54,688        $67,758
    6  M/C 20         $57,476        $71,156
    7  M/C 21         $60,576        $74,831
    8  M/C 22         $63,832        $78,762
    9  M/C 23         $67,104        $83,839
   10  M 1            $72,429        $91,553
   11  M 2            $80,327        $101,536
   12  M 3            $89,152        $112,660
   13  M 4            $98,605        $124,437
   14  M 5            $109,487       $138,328
   15  M 6            $121,224       $152,476
   16  M 7            $133,622       $165,489
   17  M 8            $112,662+
   18    (6) EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN:
   19  GRADE          HIRING         JOB
   20                 RATE           RATE
   21  M/C 3          $24,894        $31,824
   22  M/C 4          $25,993        $33,269
   23  M/C 5          $27,552        $34,883
   24  M/C 6          $28,721        $36,672
   25  M/C 7          $30,378        $38,657
   26  M/C 8          $32,044        $40,649
   27  M/C 9          $33,875        $42,812
   28  M/C 10         $35,701        $45,188
   29  M/C 11         $37,866        $47,696
   30  M/C 12         $39,864        $50,198
   31  M/C 13         $42,184        $52,987
   32  M/C 14         $44,690        $55,902
   33  M/C 15         $47,177        $58,920
   34  M/C 16         $49,836        $62,063
   35  M/C 17         $52,663        $65,485
   36  M/C 18         $52,943        $65,697
   37  M/C 19         $55,782        $69,113
   38  M/C 20         $58,626        $72,579
   39  M/C 21         $61,788        $76,328
   40  M/C 22         $65,109        $80,337
   41  M/C 23         $68,446        $85,516
   42  M 1            $73,878        $93,384
   43  M 2            $81,934        $103,567
   44  M 3            $90,935        $114,913
   45  M 4            $100,577       $126,926
   46  M 5            $111,677       $141,095
   47  M 6            $123,648       $155,526
   48  M 7            $136,294       $168,799
   49  M 8            $114,915+
   50    (7) EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN:
   51  GRADE          HIRING         JOB
   52                 RATE           RATE
   53  M/C 3          $25,143        $32,142
   54  M/C 4          $26,253        $33,602
   55  M/C 5          $27,828        $35,232
   56  M/C 6          $29,008        $37,039
       S. 2005                            37                            A. 3005
    1  M/C 7          $30,682        $39,044
    2  M/C 8          $32,364        $41,055
    3  M/C 9          $34,214        $43,240
    4  M/C 10         $36,058        $45,640
    5  M/C 11         $38,245        $48,173
    6  M/C 12         $40,263        $50,700
    7  M/C 13         $42,606        $53,517
    8  M/C 14         $45,137        $56,461
    9  M/C 15         $47,649        $59,509
   10  M/C 16         $50,334        $62,684
   11  M/C 17         $53,190        $66,140
   12  M/C 18         $53,472        $66,354
   13  M/C 19         $56,340        $69,804
   14  M/C 20         $59,212        $73,305
   15  M/C 21         $62,406        $77,091
   16  M/C 22         $65,760        $81,140
   17  M/C 23         $69,130        $86,371
   18  M 1            $74,617        $94,318
   19  M 2            $82,753        $104,603
   20  M 3            $91,844        $116,062
   21  M 4            $101,583       $128,195
   22  M 5            $112,794       $142,506
   23  M 6            $124,884       $157,081
   24  M 7            $137,657       $170,487
   25  M 8            $116,064+
   26    S  2.  Subdivision  1 of section 19 of the correction law, as added by
   27  section 2 of part B of chapter 491 of the laws of 2011,  is  amended  to
   28  read as follows:
   29    1.  This  section shall apply to each superintendent of a correctional
   30  facility appointed on or after August ninth, nineteen  hundred  seventy-
   31  five  and  any  superintendent  heretofore  appointed  who  elects to be
   32  covered by the provisions thereof  by  filing  such  election  with  the
   33  commissioner.
   34    a.  The salary schedule for superintendents of a correctional facility
   35  with an inmate population capacity of four hundred or more inmates shall
   36  be as follows:
   37  Effective April first, two thousand eleven:
   38           Hiring Rate         Job Rate
   39           $105,913            $144,535
   40  Effective April first, two thousand fourteen:
   41           Hiring Rate         Job Rate
   42           $108,031            $147,426
   43  Effective April first, two thousand fifteen:
   44           Hiring Rate         Job Rate
   45           $110,192            $150,375
   46  EFFECTIVE JULY FIRST, TWO THOUSAND FIFTEEN:
   47           HIRING RATE         JOB RATE
   48           $112,396            $153,383
   49  EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN:
   50           HIRING RATE         JOB RATE
   51           $114,644            $156,451
   52  EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN:
   53           HIRING RATE         JOB RATE
   54           $116,937            $159,580
   55  EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN:
   56           HIRING RATE         JOB RATE
       S. 2005                            38                            A. 3005
    1           $118,106            $161,176
    2    b.  The salary schedule for superintendents of correctional facilities
    3  with an inmate population capacity of fewer than  four  hundred  inmates
    4  shall be as follows:
    5  Effective April first, two thousand eleven:
    6           Hiring Rate         Job Rate
    7           $82,363             $104,081
    8  Effective April first, two thousand fourteen:
    9           Hiring Rate         Job Rate
   10           $84,010             $106,163
   11  Effective April first, two thousand fifteen:
   12           Hiring Rate         Job Rate
   13           $85,690             $108,286
   14  EFFECTIVE JULY FIRST, TWO THOUSAND FIFTEEN:
   15           HIRING RATE         JOB RATE
   16           $87,404             $110,452
   17  EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN:
   18           HIRING RATE         JOB RATE
   19           $89,152             $112,661
   20  EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN:
   21           HIRING RATE         JOB RATE
   22           $90,935             $114,914
   23  EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN:
   24           HIRING RATE         JOB RATE
   25           $91,844             $116,063
   26    S  3.  Compensation  for certain state officers and employees.  1. The
   27  provisions of this section, except subdivision 10 of this section, shall
   28  apply to the following  full-time  state  officers  and  employees.  The
   29  provisions of subdivision 10 shall apply only to those individuals spec-
   30  ified therein.
   31    (a)  officers  and employees whose positions are designated managerial
   32  or confidential pursuant to article 14 of the civil service law;
   33    (b) civilian state employees of the division  of  military  and  naval
   34  affairs  in  the executive department whose positions are not in, or are
   35  excluded from representation rights  in,  any  recognized  or  certified
   36  negotiating unit;
   37    (c)  officers  and employees excluded from representation rights under
   38  article 14 of the civil service law pursuant to rules or regulations  of
   39  the public employment relations board;
   40    (d) officers and employees whose salaries are prescribed by section 19
   41  of the correction law;
   42    (e)  officers  and  employees whose salaries are provided for by para-
   43  graph (a) of subdivision 1 of section 215 of the executive law.
   44    2. For such officers  and  employees  the  following  increases  shall
   45  apply:
   46    (a)  Effective  July  1, 2015, the basic annual salary of officers and
   47  employees to whom the provisions of  this  subdivision  apply  shall  be
   48  increased by two percent adjusted to the nearest whole dollar amount.
   49    (b)  Effective  April 1, 2016, the basic annual salary of officers and
   50  employees to whom the provisions of  this  subdivision  apply  shall  be
   51  increased by two percent adjusted to the nearest whole dollar amount.
   52    (c)  Effective  April 1, 2017, the basic annual salary of officers and
   53  employees to whom the provisions of  this  subdivision  apply  shall  be
   54  increased by two percent adjusted to the nearest whole dollar amount.
       S. 2005                            39                            A. 3005
    1    (d)  Effective  April 1, 2018, the basic annual salary of officers and
    2  employees to whom the provisions of  this  subdivision  apply  shall  be
    3  increased by one percent adjusted to the nearest whole dollar amount.
    4    3.  If  an  unencumbered position is one that, if encumbered, would be
    5  subject to the provisions of this section, the salary of  such  position
    6  shall  be  increased  by  the  salary increase amounts specified in this
    7  section. If a position is created and is filled by the appointment of an
    8  officer or employee who is subject to the provisions  of  this  section,
    9  the  salary  otherwise  provided for such position shall be increased in
   10  the same manner as though such position had been in existence but  unen-
   11  cumbered.
   12    4.  The  increases in salary pursuant to this section shall apply on a
   13  prorated basis in accordance with guidelines issued by the  director  of
   14  the  budget  to  officers and employees otherwise eligible to receive an
   15  increase in salary pursuant to this act who are paid on an hourly or per
   16  diem basis, employees serving on a  part-time  or  seasonal  basis,  and
   17  employees paid on any basis other than at an annual salary rate.
   18    5.  Notwithstanding  any  of the foregoing provisions of this section,
   19  the provisions of this section shall not apply to the  following  except
   20  as otherwise provided by law:
   21    (a) officers or employees paid on a fee schedule basis;
   22    (b) officers or employees whose salaries are prescribed by section 40,
   23  60, or 169 of the executive law;
   24    (c)  officers or employees in collective negotiating units established
   25  pursuant to article 14 of the civil service law.
   26    (d) those officers or employees in subdivision 1 of this section  who,
   27  upon  promotion or appointment to a position covered by this act that is
   28  designated managerial or confidential, or one  otherwise  excluded  from
   29  representation  under  article  14  of  the civil service law, were in a
   30  position or are newly appointed to a position in a collective  negotiat-
   31  ing unit established pursuant to article 14 of the civil service law and
   32  whose current or future salaries reflect the effect of the three percent
   33  general  salary increase effective April 1, 2009 and/or the four percent
   34  general salary increase effective April 1, 2010  that  they  would  have
   35  received or will benefit from while a member of such bargaining unit. In
   36  no  event,  however,  should  this  exception result in the salary of an
   37  officer or employee falling below the hiring rate for  their  respective
   38  salary grade.
   39    6. Officers and employees to whom the provisions of this section apply
   40  who  are incumbents of positions that are not allocated to salary grades
   41  specified in paragraph d of subdivision 1 of section 130  of  the  civil
   42  service  law  and  whose  salary  is not prescribed in any other statute
   43  shall receive the salary increases specified in subdivision two of  this
   44  section.
   45    7. In order to provide performance advancements, merit awards, longev-
   46  ity  payments,  in  lieu payments and special achievement awards for the
   47  officers and employees to whom this section applies who  are  not  allo-
   48  cated  to  salary  grades  in proportion to those provided to persons to
   49  whom this section applies who are allocated to salary grades, the direc-
   50  tor of the budget is authorized to add appropriate  adjustments  to  the
   51  compensation  that such officers and employees are otherwise entitled to
   52  receive. The director of the budget shall amend each  agency's  personal
   53  service  certificate  to  reflect  the  increases  made  pursuant to the
   54  provisions of this subdivision, and the updated certificate will contin-
   55  ue to be available to the state comptroller,  the  department  of  civil
       S. 2005                            40                            A. 3005
    1  service,  the  chairman of the senate finance committee and the chairman
    2  of the assembly ways and means committee.
    3    8.  Notwithstanding  any  of the foregoing provisions of this section,
    4  any increase in compensation for any officer or employee appointed to  a
    5  lower graded position from a redeployment list pursuant to subdivision 1
    6  of  section  79 of the civil service law who continues to receive his or
    7  her former salary pursuant to such subdivision shall  be  determined  on
    8  the  basis  of  such  lower  graded position provided, however, that the
    9  increases in salary provided in subdivision two of  this  section  shall
   10  not  cause such officer's or employee's salary to exceed the job rate of
   11  any such lower graded position at salary grade.
   12    9. Notwithstanding any of the foregoing provisions of this section  or
   13  of  any  law  to the contrary, the director of the budget may reduce the
   14  salary of any position which is vacant or which becomes vacant, so  long
   15  as  the  position,  if encumbered, would be subject to the provisions of
   16  this section. The director of the budget does  not  need  to  provide  a
   17  reason for such reduction.
   18    10.  Compensation  for certain state employees in the state university
   19  and certain employees of contract colleges at Cornell and Alfred univer-
   20  sities.
   21    (a) Effective July 1, 2015, April 1, 2016, April 1, 2017 and April  1,
   22  2018,  the basic annual salary of incumbents of positions in the profes-
   23  sional service in the state university that are designated,  stipulated,
   24  or  excluded  from  negotiating  units  as managerial or confidential as
   25  defined pursuant to  article  14  of  the  civil  service  law,  may  be
   26  increased  pursuant  to plans approved by the state university trustees.
   27  Such increases in basic annual salary rates  shall  not  exceed  in  the
   28  aggregate  two  percent of the total basic annual salary rates in effect
   29  on June 30, 2015, two percent of the total basic annual salary rates  in
   30  effect  on  March 31, 2016, two percent of the total basic annual salary
   31  rates in effect on March 31, 2017 and one percent  of  the  total  basic
   32  annual salary rates in effect on March 31, 2018.
   33    (b)  Effective July 1, 2015, April 1, 2016, April 1, 2017 and April 1,
   34  2018, the basic annual salary of incumbents of positions in  the  insti-
   35  tutions under the management and control of Cornell and Alfred universi-
   36  ties as representatives of the board of trustees of the state university
   37  that,  in  the  opinion  of the director of employee relations, would be
   38  designated managerial or confidential were they subject to article 14 of
   39  the civil service law may be increased pursuant to plans approved by the
   40  state university trustees. Such increases in basic annual  salary  rates
   41  shall  not exceed in the aggregate two percent of the total basic annual
   42  salary rates in effect on June 30, 2015, two percent of the total  basic
   43  annual  salary  rates  in  effect  on March 31, 2016, two percent of the
   44  total basic annual salary rates in effect on  March  31,  2017  and  one
   45  percent  of  the  total basic annual salary rates in effect on March 31,
   46  2018.
   47    (c) During the period July 1, 2015 through March 31, 2019,  the  basic
   48  annual salary of incumbents of positions in the non-professional service
   49  that,  in  the  opinion  of the director of employee relations, would be
   50  designated managerial or confidential were they subject to article 14 of
   51  the civil service law, except those positions in the Cornell service and
   52  maintenance unit that are subject to the terms of a collective  bargain-
   53  ing  agreement  between Cornell university and the employee organization
   54  representing employees in such positions and except those  positions  in
   55  the Alfred service and maintenance unit that are subject to the terms of
   56  a  collective  bargaining  agreement  between  Alfred university and the
       S. 2005                            41                            A. 3005
    1  employee organization  representing  employees  in  such  positions,  in
    2  institutions  under  the  management  and  control of Cornell and Alfred
    3  universities as representatives of the board of trustees  of  the  state
    4  university  may  be  increased  pursuant  to plans approved by the state
    5  university trustees. Such plans may include new salary  schedules  which
    6  shall  supersede  the salary schedules then in effect applicable to such
    7  employees. Such plans shall provide for increases in basic annual  sala-
    8  ries,  which,  exclusive  of  performance  advancement payments or merit
    9  recognition payments, shall not exceed in the aggregate two  percent  of
   10  the  total  basic  annual  salary  rates in effect on June 30, 2015, two
   11  percent of the total basic annual salary rates in effect  on  March  31,
   12  2016,  two  percent  of the total basic annual salary rates in effect on
   13  March 31, 2017 and one percent of the total basic annual salary rates in
   14  effect on March 31, 2018.
   15    (d) For the purposes of this subdivision, the basic annual  salary  of
   16  an employee is that salary that is obtained through direct appropriation
   17  of  state  moneys  for the purpose of paying wages. Nothing in this part
   18  shall prevent increasing amounts paid to incumbents of such positions in
   19  the professional  service  in  addition  to  the  basic  annual  salary,
   20  provided,  however,  that the amounts required for such increase and the
   21  cost of fringe benefits attributable to such increase, as determined  by
   22  the  comptroller, are made available to the state in accordance with the
   23  procedures established by the state university, with the approval of the
   24  director of the budget, for such purposes.
   25    (e) Notwithstanding any of the foregoing provisions of this section or
   26  any law to the contrary, any increase in compensation may be withheld in
   27  whole or in part from any  employee  to  whom  the  provisions  of  this
   28  section apply pursuant to section seven of this act.
   29    S  4.  Use of appropriations. The comptroller is authorized to pay any
   30  amounts required during the fiscal year commencing April 1, 2015 by  the
   31  foregoing provisions of this act for any state department or agency from
   32  any  appropriation  or other funds available to such state department or
   33  agency for personal service  or  for  other  related  employee  benefits
   34  during  such  fiscal year. To the extent that such appropriations in any
   35  fund, or combinations of  funds,  are  insufficient  to  accomplish  the
   36  purposes  herein  set forth, the director of the budget is authorized to
   37  allocate to any department and agency  funds,  from  any  appropriations
   38  available  in  any  other  department's  or  agency's fund or funds, the
   39  amounts necessary to pay such amounts.
   40    S 5. Effect of participation in special annuity program. No officer or
   41  employee participating in a special  annuity  program  pursuant  to  the
   42  provision  of  article  8-C  of the education law shall, by reason of an
   43  increase in compensation pursuant to this act, suffer any  reduction  of
   44  the salary adjustment to which that employee would otherwise be entitled
   45  by  reason  of participation in such program, and such salary adjustment
   46  shall be based upon the salary  of  such  officer  or  employee  without
   47  regard to the reduction authorized by such article.
   48    S  6.  Date  of  entitlement  to  salary increase. Notwithstanding the
   49  provisions of this act or of any other law, the increase  in  salary  or
   50  compensation  of  any  officer or employee provided by this act shall be
   51  added to the salary or compensation of such officer or employee  at  the
   52  beginning  of  that  payroll period the first day of which is nearest to
   53  the effective date of such increase as provided in this act, or  at  the
   54  beginning  of the earlier of two payroll periods the first days of which
   55  are nearest but equally near to the effective date of such  increase  as
   56  provided in this act, provided, however, that for the purposes of deter-
       S. 2005                            42                            A. 3005
    1  mining  the  salary  of  such officer or employee upon reclassification,
    2  reallocation, appointment, promotion, transfer, demotion,  reinstatement
    3  or  other  change  of status, such salary increase shall be deemed to be
    4  effective on the date thereof as prescribed in this act, and the payment
    5  thereof  pursuant to this section on a date prior thereto, instead of on
    6  such effective date, shall not operate to confer any  additional  salary
    7  rights or benefits on such officer or employee.
    8    S  7.  1.  Notwithstanding the provisions of any other section of this
    9  act or any other provision of law  to  the  contrary,  any  increase  in
   10  compensation,  provided:  (a)  in  this  act,  or  (b)  as a result of a
   11  promotion, appointment, or advancement to a position in a higher  salary
   12  grade,  or (c) pursuant to paragraph (c) of subdivision 6 of section 131
   13  of the civil service law, or (d) pursuant to paragraph (b)  of  subdivi-
   14  sion 8 of section 130 of the civil service law, or (e) pursuant to para-
   15  graph  (a)  of subdivision 3 of section 13 of chapter 732 of the laws of
   16  1988, as amended, may be withheld in whole or in part from  any  officer
   17  or  employee  when,  in  the opinion of the director of the budget, such
   18  withholding is necessary to reflect the job performance of such  officer
   19  or employee, or to maintain appropriate salary relationships among offi-
   20  cers  or  employees  of  the  state,  or to reduce state expenditures to
   21  acceptable levels or when, in the opinion of the director of the budget,
   22  such increase is not warranted or is not appropriate.
   23    2. Notwithstanding the provisions of any other section of this act the
   24  salary increases provided for in this act shall not be implemented until
   25  the director of the budget delivers notice to the comptroller that  such
   26  amounts may be paid.
   27    S  8.  This  act  shall take effect immediately and shall be deemed to
   28  have been in full force and effect on and after April 1, 2015.
   29                                   PART I
   30    Section 1. 1. On the first of June of every  fourth  year,  commencing
   31  June  1,  2015, there shall be established for such year a commission on
   32  executive and legislative compensation to  examine,  evaluate  and  make
   33  recommendations  with  respect  to  adequate  levels of compensation and
   34  non-salary benefits for  the  governor,  lieutenant  governor,  attorney
   35  general, comptroller, those state officers referred to in section 169 of
   36  the executive law and members of the legislature.
   37    2.  In  accordance with the provisions of this section, the commission
   38  shall examine the prevailing adequacy of pay levels and other  benefits,
   39  including without limitation the necessity for and level of per diem and
   40  reimbursements  for  expenses,  and allowances for legislators permitted
   41  pursuant to section 5-a of the legislative law, received by  the  gover-
   42  nor,  lieutenant  governor,  attorney  general, comptroller, those state
   43  officers referred to in section 169 of the executive law and members  of
   44  the  legislature  and determine whether any of such pay levels and other
   45  benefits warrant elimination or adjustment.
   46    3. In discharging its responsibilities under subdivision two  of  this
   47  section,  the commission shall take into account all appropriate factors
   48  including, but not limited to: the overall economic  climate;  rates  of
   49  inflation; changes in public-sector spending; the levels of compensation
   50  and  non-salary  benefits  received  by  executive  branch officials and
   51  legislators of other states and of the federal government; the levels of
   52  compensation  and  non-salary  benefits  received  by  professionals  in
   53  government,  academia  and  private  and  nonprofit  enterprise; and the
       S. 2005                            43                            A. 3005
    1  state's ability to fund increases in compensation and  non-salary  bene-
    2  fits.
    3    4.  (a)  In  so  discharging  its  duties, in the event the commission
    4  determines that the pay level for members of the legislature warrants an
    5  adjustment, then such adjustment shall consist of a two-tiered level  of
    6  pay. The first tier shall be a salary for members of the legislature who
    7  agree  to  not receive income from compensated employment, directorships
    8  and other fiduciary positions, contractual  arrangements,  and  partner-
    9  ships  (collectively referred to as "income from outside sources") other
   10  than the salary received as a legislator for  the  upcoming  legislative
   11  session;  the second tier shall be a salary set lower than the aforemen-
   12  tioned salary for members of the legislature who elect to receive income
   13  from outside sources for the upcoming legislative session.
   14    (b) The commission shall consider whether there should  be  a  cap  on
   15  income  from  outside sources a legislator may receive and may recommend
   16  the imposition of such a cap as a condition to receiving a  second  tier
   17  adjustment  in  pay.    Notwithstanding any limitations in section 73 or
   18  73-a of the public officers law to the contrary, in responding to  ques-
   19  tions  8  and 13 of the statutorily mandated financial disclosure state-
   20  ment, to receive a second tier adjustment  in  pay,  a  legislator  must
   21  disclose,  without  limitation,  the  source  of all such income and the
   22  names of all clients, if any, for whom such services were performed, and
   23  shall be barred from representing any person or entity before any  state
   24  agency.
   25    (c)  A  legislator  must declare and attest prior to entering upon the
   26  term of office beginning with the legislative session beginning in Janu-
   27  ary 2017, whether he or she will elect to receive a salary based on  the
   28  receipt  of  income from outside sources or not and such salary shall be
   29  set forth for that individual for two years until  the  commencement  of
   30  the next legislative session.
   31    S  2. 1. The commission shall consist of three members to be appointed
   32  as follows: one shall be appointed by the governor and  shall  serve  as
   33  chair  of the commission; one shall be appointed by the temporary presi-
   34  dent of the senate; and one shall be appointed by  the  speaker  of  the
   35  assembly.    Vacancies  in  the  commission  shall be filled in the same
   36  manner as original appointments. To the extent practicable,  members  of
   37  the  commission  shall  have experience in one or more of the following:
   38  determination of executive compensation, human  resource  administration
   39  or financial management.
   40    2.  The  commission  shall only meet within the state, may hold public
   41  hearings and shall have all the powers of a legislative committee pursu-
   42  ant to the legislative law. It shall be governed by articles 6, 6-A  and
   43  7  of  the  public officers law. The commission shall hold at least four
   44  public hearings each of which shall be held at a different site  in  New
   45  York  in  order  to  gather input from the people of New York around the
   46  state.
   47    3. The members of the commission shall  receive  no  compensation  for
   48  their  services but shall be allowed their actual and necessary expenses
   49  incurred in the performance of their duties hereunder.
   50    4. No member of the commission shall be disqualified from holding  any
   51  other  public office or employment, nor shall he or she forfeit any such
   52  office or employment by reason of his or  her  appointment  pursuant  to
   53  this  section, notwithstanding the provisions of any general, special or
   54  local law, regulation, ordinance or city charter.
   55    5. To the maximum extent feasible, the commission shall be entitled to
   56  request and receive and shall utilize and be provided with such  facili-
       S. 2005                            44                            A. 3005
    1  ties,  resources  and  data  of  any court, department, division, board,
    2  bureau, commission, agency or public authority of the state or any poli-
    3  tical subdivision thereof as it may  reasonably  request  to  carry  out
    4  properly its powers and duties pursuant to this section.
    5    6.  The  commission may request, and shall receive, reasonable assist-
    6  ance from state agency personnel as necessary for the performance of its
    7  function.
    8    7. The commission shall make a report to the governor and the legisla-
    9  ture and shall publish on the internet its findings, conclusions, deter-
   10  minations and recommendations, if any, not later than one hundred  fifty
   11  days  after  its  establishment.  The entire report must be agreed to by
   12  unanimous vote of the members  of  the  commission  for  the  report  to
   13  constitute  a  report  of the commission. Only upon such approval, shall
   14  the commission draft legislation necessary to implement its  recommenda-
   15  tions  and  send such legislation to the governor and to the legislature
   16  for consideration.
   17    8. Upon the making of its report as provided in subdivision  seven  of
   18  this section, each commission established pursuant to this section shall
   19  be deemed dissolved.
   20    S  3.  This  act  shall take effect immediately and shall be deemed to
   21  have been in full force and effect on and after April 1, 2015.
   22                                   PART J
   23    Section 1. Subdivision 2 of section 164 of the civil service  law,  as
   24  added  by  section  1  of  part  W of chapter 56 of the laws of 2008, is
   25  amended to read as follows:
   26    2. [During the fiscal year two thousand eight--two thousand nine, the]
   27  THE president [shall] MAY establish an amnesty  period  [not  to  exceed
   28  sixty days].  During [this] AN amnesty period when any employee enrolled
   29  in the plan voluntarily identifies any ineligible dependent:
   30    (a)  the  termination of the ineligible dependent's coverage resulting
   31  from such employee's timely compliance shall be made on a current basis;
   32    (b) the plan shall not seek recovery of any claims paid based  on  the
   33  coverage of the ineligible dependent;
   34    (c)  the  employee shall not be entitled to any refund of premium paid
   35  on behalf of any such ineligible dependent; and
   36    (d) the employee shall not be subject to any  disciplinary,  civil  or
   37  criminal  action, directly as a result of the coverage of the ineligible
   38  dependent.
   39    S 2. This act shall take effect immediately.
   40                                   PART K
   41    Section 1. Subdivisions 2 and 3 of section 92-cc of the state  finance
   42  law,  subdivision  2 as amended by section 17 of part U of chapter 59 of
   43  the laws of 2012 and subdivision 3 as added by chapter 1 of the laws  of
   44  2007, are amended to read as follows:
   45    2.  Such fund shall have a maximum balance not to exceed [three] EIGHT
   46  per centum of the aggregate amount projected to be  disbursed  from  the
   47  general  fund during the fiscal year immediately following the then-cur-
   48  rent fiscal year. At the request of the  director  of  the  budget,  the
   49  state comptroller shall transfer monies to the rainy day reserve fund up
   50  to  and  including  an  amount  equivalent  to [three-tenths of] one per
   51  centum of the aggregate amount projected to be disbursed from the gener-
   52  al fund during the then-current fiscal year, unless such transfer  would
       S. 2005                            45                            A. 3005
    1  increase  the  rainy  day reserve fund to an amount in excess of [three]
    2  EIGHT per centum of the aggregate amount projected to be disbursed  from
    3  the  general fund during the fiscal year immediately following the then-
    4  current  fiscal  year,  in which event such transfer shall be limited to
    5  such amount as will increase the rainy day reserve fund to such  [three]
    6  EIGHT per centum limitation.
    7    3. a. The amounts available in such reserve may be used if the follow-
    8  ing conditions are met:
    9    (i)  Economic  downturn. The commissioner of labor shall calculate and
   10  publish, on or before the fifteenth day of each month, a composite index
   11  of business cycle indicators.  Such  index  shall  be  calculated  using
   12  monthly  data  on  New  York state employment, total manufacturing hours
   13  worked, and unemployment prepared by the  department  of  labor  or  its
   14  successor  agency,  and  total  sales  tax collected net of law changes,
   15  prepared by the department of taxation  and  finance  or  its  successor
   16  agency.  Such  index  shall be constructed in accordance with the proce-
   17  dures for calculating composite indexes issued by the  conference  board
   18  or  its  successor organization, and adjusted for seasonal variations in
   19  accordance with the procedures issued by the census bureau of the United
   20  States department of commerce or its successor agency. If the  composite
   21  index  declines for [five] THREE consecutive months, the commissioner of
   22  labor shall notify the governor, the speaker of the assembly, the tempo-
   23  rary president of the senate, and the minority leaders of  the  assembly
   24  and  the  senate. Upon such notification, the director of the budget may
   25  authorize and direct the comptroller to  transfer  from  the  rainy  day
   26  reserve  fund  to  the  general fund such amounts as the director of the
   27  budget deems necessary to meet the requirements of the  state  financial
   28  plan.  The  authority  to  transfer  funds  under the provisions of this
   29  subdivision shall lapse when the composite index  shall  have  increased
   30  for  [five]  THREE consecutive months or twelve months from the original
   31  notification of the commissioner of  labor,  whichever  occurs  earlier.
   32  Provided,  however,  that  for  every additional and consecutive monthly
   33  decline succeeding the [five]  THREE  month  decline  so  noted  by  the
   34  commissioner  of labor, the twelve month lapse date shall be extended by
   35  one additional month; or
   36    (ii) Catastrophic events. In the event of a need  to  repel  invasion,
   37  suppress  insurrection,  defend  the  state in war, or to respond to any
   38  other emergency resulting from a disaster, including but not limited to,
   39  a disaster caused by an act of terrorism, the director of the budget may
   40  authorize and direct the comptroller to  transfer  from  the  rainy  day
   41  reserve  fund  to  the  general fund such amounts as the director of the
   42  budget deems necessary to meet the requirements of the  state  financial
   43  plan.
   44    b.  Prior  to authorizing any transfer from the rainy day reserve fund
   45  pursuant to the provisions of this section, the director of  the  budget
   46  shall notify the speaker of the assembly, the temporary president of the
   47  senate,  and  the  minority leaders of the assembly and the senate. Such
   48  letter shall specify the reasons for the transfer and the amount  there-
   49  of.  Any  amounts  transferred  from  the  rainy day reserve fund to the
   50  general fund shall be subject to all the repayment  provisions  of  this
   51  section.
   52    S  2.  Paragraphs  a-1  and  a-2 of subdivision 3 of section 22 of the
   53  state finance law are REPEALED, a new paragraph a-1 is added, and  para-
   54  graph  a-3,  as  added  by chapter 10 of the laws of 2006, is renumbered
   55  paragraph a-2 and amended to read as follows:
       S. 2005                            46                            A. 3005
    1    A-1. FOR EACH STATE AGENCY, THE DISBURSEMENTS FOR THE PRIOR TWO  STATE
    2  FISCAL YEARS AND THE DISBURSEMENTS ESTIMATED TO BE MADE BEFORE THE CLOSE
    3  OF  THE  CURRENT STATE FISCAL YEAR RELATED TO STATE AGENCY CONTRACTS FOR
    4  CONSULTING SERVICES MADE FOR STATE PURPOSES.
    5    a-2.  For  each state agency, the estimated number of FULL-TIME EQUIV-
    6  ALENT employees hired for the current fiscal year [and anticipated to be
    7  hired during the ensuing fiscal year] pursuant to contracts for services
    8  made for state purposes based upon PLANNED AND annual employment reports
    9  submitted by contractors pursuant to section one hundred sixty-three  of
   10  this chapter.
   11    S 3. The retirement and social security law is amended by adding a new
   12  section 809 to read as follows:
   13    S  809.  RETIREMENT  SYSTEM  REPORTING.  THE  NEW YORK STATE AND LOCAL
   14  EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK STATE POLICE AND FIRE RETIRE-
   15  MENT SYSTEM, THE NEW YORK STATE TEACHERS'  RETIREMENT  SYSTEM,  THE  NEW
   16  YORK  CITY  EMPLOYEES'  RETIREMENT  SYSTEM,  THE NEW YORK CITY TEACHERS'
   17  RETIREMENT SYSTEM, THE NEW YORK CITY POLICE PENSION FUND, THE  NEW  YORK
   18  CITY FIRE PENSION FUND, AND THE NEW YORK CITY BOARD OF EDUCATION RETIRE-
   19  MENT  SYSTEM  SHALL REPORT ESTIMATED EMPLOYER PENSION CONTRIBUTION RATES
   20  EXPRESSED AS A PERCENTAGE OF EMPLOYER PAYROLL FOR THE NEXT  FISCAL  YEAR
   21  AND TWO ENSUING FISCAL YEARS, OR NEXT SCHOOL YEAR AND TWO ENSUING SCHOOL
   22  YEARS,  AS  APPLICABLE TO SUCH RETIREMENT SYSTEMS AND AS APPROPRIATE FOR
   23  ALL PARTICIPATING EMPLOYERS.  SUCH  RETIREMENT  SYSTEM  SHALL  FILE  THE
   24  APPROPRIATE  REPORT  WITH  THE DIRECTOR OF THE BUDGET AND CHAIRPERSON OF
   25  THE SENATE FINANCE COMMITTEE AND ASSEMBLY WAYS AND MEANS  COMMITTEE  AND
   26  ALSO  MAKE  THE  REPORT AVAILABLE ON THEIR PUBLIC INTERNET WEBSITE. SUCH
   27  REPORTING SHALL OCCUR ANNUALLY BY SEPTEMBER FIRST OF  THE  CURRENT  YEAR
   28  AND SHALL BE IN ADDITION TO ANY OTHER REPORTING REQUIREMENT IN LAW.
   29    S 4. This act shall take effect immediately.
   30                                   PART L
   31    Section  1.  Paragraph b of subdivision 2 of section 54-1 of the state
   32  finance law, as amended by section 1 of part X of chapter 55 of the laws
   33  of 2014, is amended to read as follows:
   34    b. Within the amounts appropriated therefor,  eligible  municipalities
   35  shall  receive  an  amount  equal to [seventy] FIFTY-FIVE percent of the
   36  state aid payment received in the state  fiscal  year  commencing  April
   37  first,  two  thousand  eight  from  an  appropriation for aid to munici-
   38  palities with video lottery gaming facilities.
   39    S 2. This act shall take effect immediately.
   40                                   PART M
   41    Section 1. Section 3 of chapter 674 of the laws of 1993, amending  the
   42  public  buildings  law  relating  to  value limitations on contracts, as
   43  amended by chapter 61 of the  laws  of  2013,  is  amended  to  read  as
   44  follows:
   45    S  3.  This act shall take effect immediately and shall remain in full
   46  force and effect only until June 30, [2015] 2017.
   47    S 2. Subdivision 2 of section  9  of  the  public  buildings  law,  as
   48  amended  by  chapter  84  of  the  laws  of  2007, is amended to read as
   49  follows:
   50    2. Notwithstanding any other provision of this law or any  general  or
   51  special  law,  where  there  is  a construction emergency, as defined by
   52  subdivision one of this section, the commissioner  of  general  services
       S. 2005                            47                            A. 3005
    1  may,  upon written notice of such construction emergency from an author-
    2  ized officer of the department or  agency  having  jurisdiction  of  the
    3  property,  let  emergency  contracts  for public work or the purchase of
    4  supplies,  materials  or equipment without complying with formal compet-
    5  itive bidding requirements, provided that all such  contracts  shall  be
    6  subject  to the approval of the attorney general and the comptroller and
    7  that no such contract shall exceed [three hundred thousand] ONE  MILLION
    8  dollars.   Such emergency contracts shall be let only for work necessary
    9  to remedy or ameliorate a construction emergency.
   10    S 3. This act shall take effect immediately; provided,  however,  that
   11  the amendments to subdivision 2 of section 9 of the public buildings law
   12  made  by section two of this act shall not affect the expiration of such
   13  subdivision and shall be deemed to expire therewith.
   14                                   PART N
   15    Section 1. The second undesignated  paragraph  of  section  6  of  the
   16  public  buildings law, as amended by chapter 237 of the laws of 1992, is
   17  amended to read as follows:
   18    Notwithstanding any inconsistent provisions of law,  the  commissioner
   19  of  general  services  may by rules delegate to the agency or department
   20  having custody of any public building full responsibility for the prepa-
   21  ration of plans and specifications and the supervision of minor, routine
   22  or uncomplicated construction, reconstruction,  alteration,  improvement
   23  or  repair  of any such building, providing the value of such work shall
   24  not exceed ONE HUNDRED fifty thousand dollars.
   25    S 2. This act shall take effect immediately.
   26                                   PART O
   27    Section 1. The state finance law is amended by adding  a  new  section
   28  93-b to read as follows:
   29    S 93-B. DEDICATED INFRASTRUCTURE INVESTMENT FUND. 1. DEDICATED INFRAS-
   30  TRUCTURE  INVESTMENT  FUND. (A) THERE IS HEREBY ESTABLISHED IN THE JOINT
   31  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER  OF  TAXATION  AND
   32  FINANCE  A  SPECIAL  FUND  TO  BE KNOWN AS THE "DEDICATED INFRASTRUCTURE
   33  INVESTMENT FUND".
   34    (B) ACCOUNTS.  THE  DEDICATED  INFRASTRUCTURE  INVESTMENT  FUND  SHALL
   35  CONSIST OF TWO SEPARATE AND DISTINCT ACCOUNTS: (I) THE "UPSTATE REVITAL-
   36  IZATION  ACCOUNT", AND (II) THE "SPECIAL INFRASTRUCTURE ACCOUNT". MONEYS
   37  IN EACH ACCOUNT SHALL BE KEPT SEPARATE AND NOT COMMINGLED WITH ANY OTHER
   38  MONEYS IN THE CUSTODY OF THE COMPTROLLER.
   39    (C) SOURCES OF FUNDS. THE SOURCES OF FUNDS SHALL CONSIST OF ALL MONEYS
   40  COLLECTED THEREFOR, OR  MONEYS  CREDITED,  APPROPRIATED  OR  TRANSFERRED
   41  THERETO  FROM  ANY  OTHER  FUND  OR  SOURCE PURSUANT TO LAW OR ANY OTHER
   42  MONEYS MADE AVAILABLE  FOR  THE  PURPOSES  OF  THE  FUND.  ANY  INTEREST
   43  RECEIVED  BY  THE COMPTROLLER ON MONEYS ON DEPOSIT SHALL BE RETAINED AND
   44  BECOME PART OF THE FUND, UNLESS OTHERWISE DIRECTED BY LAW.
   45    2. USES OF FUNDS. (A) UPSTATE REVITALIZATION ACCOUNT. FOLLOWING APPRO-
   46  PRIATION BY  THE  LEGISLATURE,  MONEYS  IN  THE  UPSTATE  REVITALIZATION
   47  ACCOUNT  SHALL  BE  AVAILABLE  TO FINANCE PROJECTS, WORKS, ACTIVITIES OR
   48  PURPOSES NECESSARY TO PROMOTE ECONOMIC DEVELOPMENT. NOTHING CONTAINED IN
   49  THIS SECTION SHALL BE CONSTRUED TO LIMIT IN ANY WAY THE PROJECTS, WORKS,
   50  ACTIVITIES OR PURPOSES THAT CAN BE FINANCED FROM THIS ACCOUNT.
   51    (B) SPECIAL INFRASTRUCTURE ACCOUNT.  FOLLOWING  APPROPRIATION  BY  THE
   52  LEGISLATURE,  MONEYS  IN  THE  SPECIAL  INFRASTRUCTURE  ACCOUNT SHALL BE
       S. 2005                            48                            A. 3005
    1  AVAILABLE TO FINANCE PROJECTS, WORKS, ACTIVITIES OR  PURPOSES  NECESSARY
    2  TO  SUPPORT  STATEWIDE  INVESTMENTS.  NOTHING  CONTAINED IN THIS SECTION
    3  SHALL BE CONSTRUED TO LIMIT IN ANY WAY THE PROJECTS,  WORKS,  ACTIVITIES
    4  OR  PURPOSES  THAT  CAN BE FINANCED FROM THIS ACCOUNT, INCLUDING BUT NOT
    5  LIMITED TO LOANS OF MONEY TO PUBLIC CORPORATIONS  OR  AUTHORITIES  UNDER
    6  TERMS APPROVED BY THE DIRECTOR OF THE BUDGET.
    7    3.  TRANSFERS.  NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF LAW TO THE
    8  CONTRARY, FOR THE STATE FISCAL YEAR COMMENCING ON APRIL FIRST, TWO THOU-
    9  SAND FIFTEEN, THE COMPTROLLER IS HEREBY AUTHORIZED  TO  TRANSFER  MONIES
   10  FROM  THE  DEDICATED INFRASTRUCTURE INVESTMENT FUND TO THE GENERAL FUND,
   11  AND FROM THE GENERAL FUND TO  THE  DEDICATED  INFRASTRUCTURE  INVESTMENT
   12  FUND,  IN  AN  AMOUNT  DETERMINED  BY  THE DIRECTOR OF THE BUDGET TO THE
   13  EXTENT MONEYS ARE AVAILABLE IN THE FUND;  PROVIDED,  HOWEVER,  THAT  THE
   14  COMPTROLLER  IS  ONLY  AUTHORIZED  TO TRANSFER MONIES FROM THE DEDICATED
   15  INFRASTRUCTURE INVESTMENT FUND TO THE GENERAL FUND IN THE  EVENT  OF  AN
   16  ECONOMIC DOWNTURN AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION; FOR
   17  THE  PURPOSE OF DISASTER READINESS, RESPONSE AND RESILIENCY AS DESCRIBED
   18  IN PARAGRAPH (B) OF THIS  SUBDIVISION;  AND/OR  TO  OFFSET  DECLINES  IN
   19  FEDERAL  MEDICARE AND MEDICAID REVENUES IN EXCESS OF ONE HUNDRED MILLION
   20  DOLLARS FROM ANTICIPATED LEVELS, AS DETERMINED BY THE  DIRECTOR  OF  THE
   21  BUDGET AND DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION.
   22    (A)  ECONOMIC  DOWNTURN.  NOTWITHSTANDING ANY LAW TO THE CONTRARY, FOR
   23  THE PURPOSE OF THIS SECTION, THE COMMISSIONER OF LABOR  SHALL  CALCULATE
   24  AND  PUBLISH,  ON OR BEFORE THE FIFTEENTH DAY OF EACH MONTH, A COMPOSITE
   25  INDEX OF BUSINESS CYCLE INDICATORS. SUCH INDEX SHALL BE CALCULATED USING
   26  MONTHLY DATA ON NEW YORK STATE  EMPLOYMENT,  TOTAL  MANUFACTURING  HOURS
   27  WORKED,  AND  UNEMPLOYMENT  PREPARED  BY  THE DEPARTMENT OF LABOR OR ITS
   28  SUCCESSOR AGENCY, AND TOTAL SALES TAX  COLLECTED  NET  OF  LAW  CHANGES,
   29  PREPARED  BY  THE  DEPARTMENT  OF  TAXATION AND FINANCE OR ITS SUCCESSOR
   30  AGENCY. SUCH INDEX SHALL BE CONSTRUCTED IN ACCORDANCE  WITH  THE  PROCE-
   31  DURES  FOR  CALCULATING COMPOSITE INDEXES ISSUED BY THE CONFERENCE BOARD
   32  OR ITS SUCCESSOR ORGANIZATION, AND ADJUSTED FOR SEASONAL  VARIATIONS  IN
   33  ACCORDANCE WITH THE PROCEDURES ISSUED BY THE CENSUS BUREAU OF THE UNITED
   34  STATES  DEPARTMENT OF COMMERCE OR ITS SUCCESSOR AGENCY. IF THE COMPOSITE
   35  INDEX DECLINES FOR THREE CONSECUTIVE MONTHS, THE COMMISSIONER  OF  LABOR
   36  SHALL  NOTIFY  THE  GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY
   37  PRESIDENT OF THE SENATE, AND THE MINORITY LEADERS OF  THE  ASSEMBLY  AND
   38  THE  SENATE.  UPON  SUCH  NOTIFICATION,  THE  DIRECTOR OF THE BUDGET MAY
   39  AUTHORIZE AND DIRECT THE COMPTROLLER  TO  TRANSFER  FROM  THE  DEDICATED
   40  INFRASTRUCTURE  INVESTMENT  FUND TO THE GENERAL FUND SUCH AMOUNTS AS THE
   41  DIRECTOR OF THE BUDGET DEEMS NECESSARY TO MEET THE REQUIREMENTS  OF  THE
   42  STATE FINANCIAL PLAN.
   43    (B)  DISASTER  READINESS, RESPONSE AND RESILIENCY. NOTWITHSTANDING ANY
   44  LAW TO THE CONTRARY, IN ORDER TO PREPARE FOR, PREVENT, DETER OR  RESPOND
   45  TO  ACTS  OF  TERRORISM;  NATURAL  OR MAN-MADE DISASTERS; PUBLIC SAFETY,
   46  HEALTH, AND/OR OTHER EMERGENCIES, THE DIRECTOR OF THE BUDGET MAY AUTHOR-
   47  IZE AND DIRECT THE COMPTROLLER TO TRANSFER FROM  THE  DEDICATED  INFRAS-
   48  TRUCTURE  INVESTMENT FUND TO THE GENERAL FUND SUCH AMOUNTS AS THE DIREC-
   49  TOR OF THE BUDGET DEEMS NECESSARY TO MEET THE REQUIREMENTS OF THE  STATE
   50  FINANCIAL PLAN.
   51    (C) FEDERAL MEDICARE AND MEDICAID REVENUES. NOTWITHSTANDING ANY LAW TO
   52  THE  CONTRARY,  THE  DIRECTOR OF THE BUDGET MAY AUTHORIZE AND DIRECT THE
   53  COMPTROLLER TO TRANSFER FROM  THE  DEDICATED  INFRASTRUCTURE  INVESTMENT
   54  FUND TO THE GENERAL FUND AN AMOUNT NOT TO EXCEED THE DECLINE FROM ANTIC-
   55  IPATED  LEVELS  OF  FEDERAL MEDICARE AND MEDICAID REVENUES. IN THE EVENT
   56  THIS AUTHORIZATION IS UTILIZED, THE DIRECTOR OF THE BUDGET MAY AUTHORIZE
       S. 2005                            49                            A. 3005
    1  AND DIRECT THE COMPTROLLER TO TRANSFER SUCH AMOUNT AND  THE  CONCOMITANT
    2  REDUCTION IN STATE SHARE MEDICARE AND MEDICAID REVENUES FROM THE GENERAL
    3  FUND  TO  THE MISCELLANEOUS SPECIAL REVENUE FUND, MENTAL HYGIENE PROGRAM
    4  FUND (21907), AND THE MISCELLANEOUS SPECIAL REVENUE FUND, PATIENT INCOME
    5  ACCOUNT (21909).
    6    (D)  PRIOR  TO AUTHORIZING ANY TRANSFER FROM THE DEDICATED INFRASTRUC-
    7  TURE INVESTMENT  FUND  ACCOUNTS  PURSUANT  TO  THE  PROVISIONS  OF  THIS
    8  SECTION,  THE  DIRECTOR  OF  THE  BUDGET SHALL NOTIFY THE SPEAKER OF THE
    9  ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE MINORITY  LEAD-
   10  ERS  OF  THE  ASSEMBLY  AND  THE  SENATE.  SUCH LETTER SHALL SPECIFY THE
   11  REASONS FOR THE TRANSFER AND THE AMOUNT THEREOF.
   12    S 2. This act shall take effect immediately.
   13                                   PART P
   14    Section 1. The state comptroller is hereby authorized and directed  to
   15  loan  money in accordance with the provisions set forth in subdivision 5
   16  of section 4 of the state finance law  to  the  following  funds  and/or
   17  accounts:
   18    1. Tuition reimbursement account (20451).
   19    2. Proprietary vocational school supervision account (20452).
   20    3. Local government records management account (20501).
   21    4. Child health plus program account (20810).
   22    5. EPIC premium account (20818).
   23    6. Education - New (20901).
   24    7. VLT - Sound basic education fund (20904).
   25    8.   Sewage  treatment  program  management  and  administration  fund
   26  (21000).
   27    9. Hazardous bulk storage account (21061).
   28    10. Federal grants indirect cost recovery account (21065).
   29    11. Low level radioactive waste account (21066).
   30    12. Recreation account (21067).
   31    13. Public safety recovery account (21077).
   32    14. Environmental regulatory account (21081).
   33    15. Natural resource account (21082).
   34    16. Mined land reclamation program account (21084).
   35    17. Great lakes restoration initiative account (21087).
   36    18. Environmental protection and oil spill compensation fund (21200).
   37    19. Public transportation systems account (21401).
   38    20. Metropolitan mass transportation (21402).
   39    21. Operating permit program account (21451).
   40    22. Mobile source account (21452).
   41    23.  Statewide  planning  and  research  cooperative  system   account
   42  (21902).
   43    24. OPWDD provider of service account (21903).
   44    25. Mental hygiene program fund account (21907).
   45    26. Mental hygiene patient income account (21909).
   46    27. Financial control board account (21911).
   47    28. Regulation of racing account (21912).
   48    29. New York Metropolitan Transportation Council account (21913).
   49    30. State university dormitory income reimbursable account (21937).
   50    31. Energy research account (21943).
   51    32. Criminal justice improvement account (21945).
   52    33. Fingerprint identification and technology account (21950).
   53    34. Environmental laboratory reference fee account (21959).
   54    35. Clinical laboratory reference system assessment account (21962).
       S. 2005                            50                            A. 3005
    1    36. Indirect cost recovery account (21978).
    2    37. High school equivalency program account (21979).
    3    38. Multi-agency training account (21989).
    4    39. Bell jar collection account (22003).
    5    40. Industry and utility service account (22004).
    6    41. Real property disposition account (22006).
    7    42. Parking account (22007).
    8    43. Asbestos safety training program account (22009).
    9    44. Batavia school for the blind account (22032).
   10    45. Investment services account (22034).
   11    46. Surplus property account (22036).
   12    47. Financial oversight account (22039).
   13    48. Regulation of indian gaming account (22046).
   14    49. Rome school for the deaf account (22053).
   15    50. Seized assets account (22054).
   16    51. Administrative adjudication account (22055).
   17    52. Federal salary sharing account (22056).
   18    53. New York City assessment account (22062).
   19    54. Cultural education account (22063).
   20    55. Local services account (22078).
   21    56. DHCR mortgage servicing account (22085).
   22    57. Department of motor vehicles compulsory insurance account (22087).
   23    58. Housing indirect cost recovery account (22090).
   24    59. Accident prevention course program account (22094).
   25    60. DHCR-HCA application fee account (22100).
   26    61. Low income housing monitoring account (22130).
   27    62. Corporation administration account (22135).
   28    63. Montrose veteran's home account (22144).
   29    64. Deferred compensation administration account (22151).
   30    65. Rent revenue other New York City account (22156).
   31    66. Rent revenue account (22158).
   32    67. Tax revenue arrearage account (22168).
   33    68. State university general income offset account (22654).
   34    69. State police motor vehicle law enforcement account (22802).
   35    70. Highway safety program account (23001).
   36    71. EFC drinking water program account (23101).
   37    72. DOH drinking water program account (23102).
   38    73. NYCCC operating offset account (23151).
   39    74. Commercial gaming revenue account (23701).
   40    75. Commercial gaming regulation account (23702).
   41    76. Highway and bridge capital account (30051).
   42    77. State university residence hall rehabilitation fund (30100).
   43    78. State parks infrastructure account (30351).
   44    79. Clean water/clean air implementation fund (30500).
   45    80. Hazardous waste remedial cleanup account (31506).
   46    81. Youth facilities improvement account (31701).
   47    82. Housing assistance fund (31800).
   48    83. Housing program fund (31850).
   49    84. Highway facility purpose account (31951).
   50    85. Information technology capital financing account (32215).
   51    86. New York racing account (32213).
   52    87. Mental hygiene facilities capital improvement fund (32300).
   53    88. Correctional facilities capital improvement fund (32350).
   54    89. New York State Storm Recovery Capital Fund (33000).
   55    90. OGS convention center account (50318).
   56    91. Centralized services fund (55000).
       S. 2005                            51                            A. 3005
    1    92. Archives records management account (55052).
    2    93. Federal single audit account (55053).
    3    94. Civil service law section II administrative account (55055).
    4    95. Civil service EHS occupational health program account (55056).
    5    96. Banking services account (55057).
    6    97. Cultural resources survey account (55058).
    7    98. Neighborhood work project (55059).
    8    99. Automation & printing chargeback account (55060).
    9    100. OFT NYT account (55061).
   10    101. Data center account (55062).
   11    102. Intrusion detection account (55066).
   12    103. Domestic violence grant account (55067).
   13    104. Centralized technology services account (55069).
   14    105. Labor contact center account (55071).
   15    106. Human services contact center account (55072).
   16    107. Tax contact center account (55073).
   17    108. Executive direction internal audit account (55251).
   18    109. CIO Information technology centralized services account (55252).
   19    110. Health insurance internal service account (55300).
   20    111.  Civil  service employee benefits division administrative account
   21  (55301).
   22    112. Correctional industries revolving fund (55350).
   23    113. Employees health insurance account (60201).
   24    114. Medicaid management information system escrow fund (60900).
   25    S 1-a. The state comptroller is hereby authorized and directed to loan
   26  money in accordance with the provisions set forth in  subdivision  5  of
   27  section  4  of the state finance law to any account within the following
   28  federal funds, provided the comptroller has made  a  determination  that
   29  sufficient  federal grant award authority is available to reimburse such
   30  loans:
   31    1. Federal USDA-food and nutrition services fund (25000).
   32    2. Federal health and human services fund (25100).
   33    3. Federal education fund (25200).
   34    4. Federal block grant fund (25250).
   35    5. Federal miscellaneous operating grants fund (25300).
   36    6. Federal unemployment insurance administration fund (25900).
   37    7. Federal unemployment insurance occupational training fund (25950).
   38    8. Federal emergency employment act fund (26000).
   39    9. Federal capital projects fund (31350).
   40    S 2. Notwithstanding any law to the contrary, and in  accordance  with
   41  section 4 of the state finance law, the comptroller is hereby authorized
   42  and directed to transfer, upon request of the director of the budget, on
   43  or  before March 31, 2016, up to the unencumbered balance or the follow-
   44  ing amounts:
   45    Economic Development and Public Authorities:
   46    1. $175,000 from the miscellaneous special revenue  fund,  underground
   47  facilities safety training account (22172), to the general fund.
   48    2.  An  amount  up  to the unencumbered balance from the miscellaneous
   49  special revenue fund, business and licensing services  account  (21977),
   50  to the general fund.
   51    3.  $14,810,000  from  the  miscellaneous  special  revenue fund, code
   52  enforcement account (21904), to the general fund.
   53    4. $3,000,000 from the  general  fund  to  the  miscellaneous  special
   54  revenue fund, tax revenue arrearage account (22168).
   55    5. $552,000 from the miscellaneous special revenue fund, consumer food
   56  industry account (21966), to the general fund.
       S. 2005                            52                            A. 3005
    1    Education:
    2    1.  $2,219,000,000  from  the  general fund to the state lottery fund,
    3  education account (20901), as reimbursement for disbursements made  from
    4  such  fund for supplemental aid to education pursuant to section 92-c of
    5  the state finance law that are in excess of  the  amounts  deposited  in
    6  such fund for such purposes pursuant to section 1612 of the tax law.
    7    2.  $952,000,000  from the general fund to the state lottery fund, VLT
    8  education account (20904), as reimbursement for disbursements made  from
    9  such  fund for supplemental aid to education pursuant to section 92-c of
   10  the state finance law that are in excess of  the  amounts  deposited  in
   11  such fund for such purposes pursuant to section 1612 of the tax law.
   12    3.  Moneys  from  the  state lottery fund up to an amount deposited in
   13  such fund pursuant to section 1612 of the  tax  law  in  excess  of  the
   14  current year appropriation for supplemental aid to education pursuant to
   15  section 92-c of the state finance law.
   16    4.  $300,000  from the local government records management improvement
   17  fund (20500) to the archives partnership trust fund (20350).
   18    5. $900,000 from the general fund to the miscellaneous special revenue
   19  fund, Batavia school for the blind account (22032).
   20    6. $900,000 from the general fund to the miscellaneous special revenue
   21  fund, Rome school for the deaf account (22053).
   22    7. $343,400,000  from  the  state  university  dormitory  income  fund
   23  (40350)  to  the  miscellaneous  special  revenue fund, state university
   24  dormitory income reimbursable account (21937).
   25    8. $24,000,000 from any of  the  state  education  department  special
   26  revenue  and internal service funds to the miscellaneous special revenue
   27  fund, indirect cost recovery account (21978).
   28    9. $8,318,000 from the general fund to  the  state  university  income
   29  fund,  state  university  income offset account (22654), for the state's
   30  share of repayment of the STIP loan.
   31    10. $45,000,000 from the state university income fund, state universi-
   32  ty hospitals income reimbursable account (22656) to the general fund for
   33  hospital debt service for the period April 1,  2015  through  March  31,
   34  2016.
   35    Environmental Affairs:
   36    1.  $16,000,000  from any of the department of environmental conserva-
   37  tion's special revenue federal funds to the  environmental  conservation
   38  special revenue fund, federal indirect recovery account (21065).
   39    2.  $2,000,000  from  any of the department of environmental conserva-
   40  tion's special revenue federal funds to the conservation fund as  neces-
   41  sary to avoid diversion of conservation funds.
   42    3. $3,000,000 from any of the office of parks, recreation and historic
   43  preservation  capital projects federal funds and special revenue federal
   44  funds to the miscellaneous special revenue fund, federal grant  indirect
   45  cost recovery account (22188).
   46    4. $1,000,000 from any of the office of parks, recreation and historic
   47  preservation  special revenue federal funds to the miscellaneous special
   48  revenue fund, I love NY water account (21930).
   49    5. $18,000,000 from the general fund to the  environmental  protection
   50  fund, environmental protection fund transfer account (30451).
   51    6.  $8,500,000  from  the general fund to the hazardous waste remedial
   52  fund, hazardous waste oversight and assistance account (31505).
   53    7. $25,000,000 from the environmental protection  fund,  environmental
   54  protection transfer account (30451), to the general fund.
   55    Family Assistance:
       S. 2005                            53                            A. 3005
    1    1. $10,000,000 from any of the office of children and family services,
    2  office  of  temporary and disability assistance, or department of health
    3  special revenue federal funds and the general fund, in  accordance  with
    4  agreements  with social services districts, to the miscellaneous special
    5  revenue  fund, office of human resources development state match account
    6  (21967).
    7    2. $3,000,000 from any of the office of children and  family  services
    8  or office of temporary and disability assistance special revenue federal
    9  funds to the miscellaneous special revenue fund, family preservation and
   10  support services and family violence services account (22082).
   11    3. $18,670,000 from any of the office of children and family services,
   12  office  of  temporary and disability assistance, or department of health
   13  special revenue federal  funds  and  any  other  miscellaneous  revenues
   14  generated  from  the operation of office of children and family services
   15  programs to the general fund.
   16    4. $166,000,000 from any of the office  of  temporary  and  disability
   17  assistance  or department of health special revenue funds to the general
   18  fund.
   19    5. $2,500,000 from any of  the  office  of  temporary  and  disability
   20  assistance  or  office  of  children and family services special revenue
   21  federal funds to the  miscellaneous  special  revenue  fund,  office  of
   22  temporary and disability assistance program account (21980).
   23    6. $35,000,000 from any of the office of children and family services,
   24  office  of temporary and disability assistance, department of labor, and
   25  department of health special revenue federal  funds  to  the  office  of
   26  children  and family services miscellaneous special revenue fund, multi-
   27  agency training contract account (21989).
   28    7. $65,000,000 from the  miscellaneous  special  revenue  fund,  youth
   29  facility per diem account (22186), to the general fund.
   30    8.  $621,850  from the general fund to the combined gifts, grants, and
   31  bequests fund, WB Hoyt Memorial account (20128).
   32    9. $3,100,000 from  the  miscellaneous  special  revenue  fund,  state
   33  central registry (22028), to the general fund.
   34    General Government:
   35    1. $1,566,000 from the miscellaneous special revenue fund, examination
   36  and miscellaneous revenue account (22065) to the general fund.
   37    2. $12,500,000 from the general fund to the health insurance revolving
   38  fund (55300).
   39    3.  $192,400,000  from  the  health  insurance  reserve  receipts fund
   40  (60550) to the general fund.
   41    4. $150,000 from the general fund to the not-for-profit revolving loan
   42  fund (20650).
   43    5. $150,000 from the not-for-profit revolving loan fund (20650) to the
   44  general fund.
   45    6. $3,000,000 from the miscellaneous  special  revenue  fund,  surplus
   46  property account (22036), to the general fund.
   47    7.  $19,900,000  from  the  general  fund to the miscellaneous special
   48  revenue fund, alcoholic beverage control account (22033).
   49    8. $23,000,000 from the miscellaneous special  revenue  fund,  revenue
   50  arrearage account (22024), to the general fund.
   51    9.  $1,826,000  from  the  miscellaneous special revenue fund, revenue
   52  arrearage account (22024), to the miscellaneous  special  revenue  fund,
   53  authority budget office account (22138).
   54    10.  $1,000,000  from  the miscellaneous special revenue fund, parking
   55  services account (22007), to the general fund, for the purpose of  reim-
   56  bursing the costs of debt service related to state parking facilities.
       S. 2005                            54                            A. 3005
    1    11.  $21,794,000  from  the general fund to the internal service fund,
    2  COPS account (55013).
    3    12.  $8,360,000 from the general fund to the agencies internal service
    4  fund, central technology services account (55069), for  the  purpose  of
    5  enterprise technology projects.
    6    13.  $5,000,000  from the miscellaneous special revenue fund, workers'
    7  compensation account (21995),  to  the  miscellaneous  capital  projects
    8  fund, workers' compensation board IT business process design fund.
    9    Health:
   10    1. $30,000,000 from the miscellaneous special revenue fund, quality of
   11  care account (21915), to the general fund.
   12    2.  $1,000,000 from the general fund to the combined gifts, grants and
   13  bequests fund, breast cancer research and education account (20155),  an
   14  amount  equal to the monies collected and deposited into that account in
   15  the previous fiscal year.
   16    3. $250,000 from the general fund to the combined  gifts,  grants  and
   17  bequests  fund,  prostate  cancer  research,  detection,  and  education
   18  account (20183), an amount equal to the moneys collected  and  deposited
   19  into that account in the previous fiscal year.
   20    4.  $500,000  from  the general fund to the combined gifts, grants and
   21  bequests fund,  Alzheimer's  disease  research  and  assistance  account
   22  (20143), an amount equal to the moneys collected and deposited into that
   23  account in the previous fiscal year.
   24    5.  $30,295,000  from the HCRA resources fund (20800) to the miscella-
   25  neous special revenue fund, empire state stem cell  trust  fund  account
   26  (22161).
   27    6.  $30,000,000  from  any of the department of health accounts within
   28  the federal health and human services fund to the miscellaneous  special
   29  revenue fund, quality of care account (21915).
   30    7. $6,000,000 from the miscellaneous special revenue fund, certificate
   31  of  need  account  (21920),  to the miscellaneous capital projects fund,
   32  healthcare IT capital subfund.
   33    8. $1,000,000 from the miscellaneous special  revenue  fund,  adminis-
   34  tration  program  account (21982), to the miscellaneous capital projects
   35  fund, healthcare IT capital account (32216).
   36    9. $1,000,000 from  the  miscellaneous  special  revenue  fund,  vital
   37  records  account  (22103),  to  the miscellaneous capital projects fund,
   38  healthcare IT capital account (32216).
   39    10. $55,000,000 from the HCRA resources fund (20800)  to  the  capital
   40  projects fund (30000).
   41    11.  $3,700,000  from  the  miscellaneous  New York state agency fund,
   42  Medicaid recoveries account (60615), to the general fund.
   43    12. $6,740,000 from the general fund to the  medical  marihuana  trust
   44  fund, medical marihuana - DOH account.
   45    13.  $4,096,000 from the HCRA resources fund (20800), to the miscella-
   46  neous special revenue fund, cigarette strike force account.
   47    14. $3,086,000 from the miscellaneous special  revenue  fund,  certif-
   48  icate of need account (21920), to the general fund.
   49    Labor:
   50    1.  $400,000  from the miscellaneous special revenue fund, DOL fee and
   51  penalty account (21923), to the child performer's protection fund, child
   52  performer protection account (20401).
   53    2. $8,400,000 from the miscellaneous special revenue fund, DOL fee and
   54  penalty account (21923), to the general fund.
       S. 2005                            55                            A. 3005
    1    3. $3,300,000 from the unemployment  insurance  interest  and  penalty
    2  fund,  unemployment  insurance  special  interest  and  penalty  account
    3  (23601), to the general fund.
    4    Mental Hygiene:
    5    1.  $10,000,000  from  the  miscellaneous special revenue fund, mental
    6  hygiene patient income account (21909),  to  the  miscellaneous  special
    7  revenue fund, federal salary sharing account (22056).
    8    2.  $15,000,000  from  the  miscellaneous special revenue fund, mental
    9  hygiene patient income account (21909),  to  the  miscellaneous  special
   10  revenue fund, provider of service accounts (21903).
   11    3.  $15,000,000  from  the  miscellaneous special revenue fund, mental
   12  hygiene program fund  account  (21907),  to  the  miscellaneous  special
   13  revenue fund, provider of service account (21903).
   14    4.  $1,400,000,000  from the general fund to the miscellaneous special
   15  revenue fund, mental hygiene patient income account (21909).
   16    5. $1,850,000,000 from the general fund to the  miscellaneous  special
   17  revenue fund, mental hygiene program fund account (21907).
   18    6.  $100,000,000  from  the miscellaneous special revenue fund, mental
   19  hygiene program fund account (21907), to the general fund.
   20    7. $100,000,000 from the miscellaneous special  revenue  fund,  mental
   21  hygiene patient income account (21909), to the general fund.
   22    Public Protection:
   23    1.  $1,350,000  from the miscellaneous special revenue fund, emergency
   24  management account (21944), to the general fund.
   25    2. $3,300,000 from the  general  fund  to  the  miscellaneous  special
   26  revenue fund, recruitment incentive account (22171).
   27    3.  $13,000,000  from  the general fund to the correctional industries
   28  revolving  fund,  correctional  industries  internal   service   account
   29  (55350).
   30    4.  $3,000,000  from  the federal miscellaneous operating grants fund,
   31  DMNA damage account (25324), to the general fund.
   32    5. $14,300,000 from the general  fund  to  the  miscellaneous  special
   33  revenue fund, crimes against revenue program account (22015).
   34    6.  $22,900,000  from the miscellaneous special revenue fund, criminal
   35  justice improvement account (21945), to the general fund.
   36    7. $50,000,000 from the miscellaneous special revenue fund,  statewide
   37  public safety communications account (22123), to the general fund.
   38    8.  $106,000,000  from  the state police motor vehicle law enforcement
   39  and motor vehicle theft  and  insurance  fraud  prevention  fund,  state
   40  police  motor  vehicle  enforcement account (22802), to the general fund
   41  for state operation expenses of the division of state police.
   42    9. $21,500,000 from the general fund to  the  correctional  facilities
   43  capital improvement fund (32350).
   44    10.  $5,000,000  from  the  general  fund to the dedicated highway and
   45  bridge trust fund (30050) for the purpose of work zone safety activities
   46  provided by the division of state police for the department of transpor-
   47  tation.
   48    11. $5,000,000 from the miscellaneous special revenue fund,  statewide
   49  public  safety  communications  account (22123), to the capital projects
   50  fund (30000).
   51    12. $2,900,000 from the  miscellaneous  special  revenue  fund,  legal
   52  services assistance account (22096), to the general fund.
   53    13.  $300,000  from the state police motor vehicle law enforcement and
   54  motor vehicle theft and insurance fraud prevention fund,  motor  vehicle
   55  theft and insurance fraud account (22801), to the general fund.
   56    Transportation:
       S. 2005                            56                            A. 3005
    1    1. $17,672,000 from the federal miscellaneous operating grants fund to
    2  the  miscellaneous special revenue fund, New York Metropolitan Transpor-
    3  tation Council account (21913).
    4    2. $20,147,000 from the federal capital projects fund to the miscella-
    5  neous special revenue fund, New York Metropolitan Transportation Council
    6  account (21913).
    7    3. $15,700,000 from the miscellaneous special revenue fund, compulsory
    8  insurance account (22087), to the general fund.
    9    4.  $14,878,096 from the general fund to the mass transportation oper-
   10  ating assistance fund, public transportation systems  operating  assist-
   11  ance account (21401), of which $12,000,000 constitutes the base need for
   12  operations.
   13    5.  $685,609,000  from  the  general fund to the dedicated highway and
   14  bridge trust fund (30050).
   15    6. $606,000 from the  miscellaneous  special  revenue  fund,  accident
   16  prevention course program account (22094), to the general fund.
   17    7.  $6,000  from  the  miscellaneous  special revenue fund, motorcycle
   18  safety account (21976), to the general fund.
   19    8. $309,250,000 from the general fund to the MTA financial  assistance
   20  fund, mobility tax trust account (23651).
   21    9. $20,000,000 from the mass transportation operating assistance fund,
   22  metropolitan  mass  transportation operating assistance account (21402),
   23  to the general debt service  fund  (40151),  for  reimbursement  of  the
   24  state's expenses in connection with payments of debt service and related
   25  expenses  for  the metropolitan transportation authority's state service
   26  contract bonds.
   27    10. $5,000,000 from the miscellaneous special revenue fund,  transpor-
   28  tation  regulation  account  (22067) to the dedicated highway and bridge
   29  trust fund (30050), for disbursements made  from  such  fund  for  motor
   30  carrier  safety that are in excess of the amounts deposited in the dedi-
   31  cated highway and bridge trust fund (30050) for such purpose pursuant to
   32  section 94 of the transportation law.
   33    11. $121,548,000 from the  mass  transportation  operating  assistance
   34  fund,  metropolitan  mass  transportation  operating  assistance account
   35  (21402), to the transit assistance for capital investments fund,  metro-
   36  politan   transit   assistance  for  capital  investments  account,  for
   37  disbursements made from such fund pursuant to a chapter of the  laws  of
   38  2015.
   39    Miscellaneous:
   40    1. $200,000,000 from the general fund to any funds or accounts for the
   41  purpose of reimbursing certain outstanding accounts receivable balances.
   42    2.  $1,000,000,000 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. $1,500,000,000 from the general fund to the  dedicated  infrastruc-
   49  ture investment fund, upstate revitalization account.
   50    6.  $3,050,000,000  from the general fund to the dedicated infrastruc-
   51  ture investment fund, special infrastructure account.
   52    S 3. Notwithstanding any law to the contrary, and in  accordance  with
   53  section 4 of the state finance law, the comptroller is hereby authorized
   54  and directed to transfer, on or before March 31, 2016:
   55    1.  Upon request of the commissioner of environmental conservation, up
   56  to $11,354,000 from revenues credited to any of the department of  envi-
       S. 2005                            57                            A. 3005
    1  ronmental  conservation special revenue funds, including $3,285,400 from
    2  the environmental protection and oil spill  compensation  fund  (21200),
    3  and  $1,779,600 from the conservation fund (21150), to the environmental
    4  conservation special revenue fund, indirect charges account (21060).
    5    2.  Upon request of the commissioner of agriculture and markets, up to
    6  $3,000,000 from any special revenue fund or enterprise fund  within  the
    7  department of agriculture and markets to the general fund, to pay appro-
    8  priate administrative expenses.
    9    3.  Upon request of the commissioner of agriculture and markets, up to
   10  $2,000,000 from the state exposition special fund, state  fair  receipts
   11  account  (50051)  to the miscellaneous capital projects fund, state fair
   12  capital improvement account (32208).
   13    4. Upon request of the commissioner of the  division  of  housing  and
   14  community  renewal, up to $6,221,000 from revenues credited to any divi-
   15  sion of housing and community renewal federal or  miscellaneous  special
   16  revenue fund to the miscellaneous special revenue fund, housing indirect
   17  cost recovery account (22090).
   18    5.  Upon  request  of  the commissioner of the division of housing and
   19  community renewal, up to $5,500,000 may be transferred from any  miscel-
   20  laneous  special  revenue  fund  account,  to  any miscellaneous special
   21  revenue fund.
   22    6. Upon request of the commissioner of health up  to  $5,000,000  from
   23  revenues  credited  to any of the department of health's special revenue
   24  funds, to the miscellaneous special revenue fund, administration account
   25  (21982).
   26    S 4. On or before March 31, 2016, the comptroller is hereby authorized
   27  and directed to deposit earnings that  would  otherwise  accrue  to  the
   28  general  fund  that are attributable to the operation of section 98-a of
   29  the state finance law, to the agencies internal  service  fund,  banking
   30  services  account  (55057),  for  the purpose of meeting direct payments
   31  from such account.
   32    S 5. Notwithstanding any law to the contrary, upon  the  direction  of
   33  the  director of the budget and upon requisition by the state university
   34  of New York, the dormitory  authority  of  the  state  of  New  York  is
   35  directed  to  transfer, up to $22,000,000 in revenues generated from the
   36  sale of notes or  bonds,  to  the  state  university  of  New  York  for
   37  reimbursement  of bondable equipment for further transfer to the state's
   38  general fund.
   39    S 6. Notwithstanding any law to the contrary, and in  accordance  with
   40  section 4 of the state finance law, the comptroller is hereby authorized
   41  and directed to transfer, upon request of the director of the budget and
   42  upon  consultation  with  the  state university chancellor or his or her
   43  designee, on or before March 31, 2016, up to $16,000,000 from the  state
   44  university  income  fund  general  revenue  account (22653) to the state
   45  general fund for debt service costs related to campus supported  capital
   46  project  costs  for  the  NY-SUNY  2020  challenge  grant program at the
   47  University at Buffalo.
   48    S 7. Notwithstanding any law to the contrary, and in  accordance  with
   49  section 4 of the state finance law, the comptroller is hereby authorized
   50  and directed to transfer, upon request of the director of the budget and
   51  upon  consultation  with  the  state university chancellor or his or her
   52  designee, on or before March 31, 2016, up to $6,500,000 from  the  state
   53  university  income  fund  general  revenue  account (22653) to the state
   54  general fund for debt service costs related to campus supported  capital
   55  project  costs  for  the  NY-SUNY  2020  challenge  grant program at the
   56  University at Albany.
       S. 2005                            58                            A. 3005
    1    S 8. Notwithstanding any law to the  contrary,  the  state  university
    2  chancellor or his or her designee is authorized and directed to transfer
    3  estimated  tuition revenue balances from the state university collection
    4  fund (61000) to the  state  university  income  fund,  state  university
    5  general revenue offset account (22655) on or before March 31, 2016.
    6    S  9.  Notwithstanding any law to the contrary, and in accordance with
    7  section 4 of the state finance law, the comptroller is hereby authorized
    8  and directed to transfer, upon request of the director of the budget, up
    9  to $69,264,000 from the general fund  to  the  state  university  income
   10  fund,  state  university  hospitals  income reimbursable account (22656)
   11  during the period July 1, 2015 through June 30, 2016 to reflect  ongoing
   12  state  subsidy  of  SUNY  hospitals and to pay costs attributable to the
   13  SUNY hospitals' state agency status.
   14    S 10. Notwithstanding any law to the contrary, and in accordance  with
   15  section 4 of the state finance law, the comptroller is hereby authorized
   16  and directed to transfer, upon request of the director of the budget, up
   17  to  $987,050,300  from  the  general fund to the state university income
   18  fund, state university general revenue offset account (22655) during the
   19  period of July 1, 2015 through June 30, 2016 to  support  operations  at
   20  the state university.
   21    S  11. Notwithstanding any law to the contrary, and in accordance with
   22  section 4 of the state finance law, the comptroller is hereby authorized
   23  and directed to transfer, upon request of the director of the budget, up
   24  to $3,370,000 from the general fund to the state university income fund,
   25  state university general revenue offset account (22655) during the peri-
   26  od of April 1, 2015 through June 30, 2015 to support operations  at  the
   27  state university.
   28    S  12. Notwithstanding any law to the contrary, and in accordance with
   29  section 4 of the state finance law, the comptroller is hereby authorized
   30  and directed to transfer, upon request of the state university  chancel-
   31  lor  or his or her designee, up to $55,000,000 from the state university
   32  income fund, state  university  hospitals  income  reimbursable  account
   33  (22656),  for  services  and expenses of hospital operations and capital
   34  expenditures at the state university hospitals; and the state university
   35  income fund, Long Island veterans' home account  (22652)  to  the  state
   36  university capital projects fund (32400) on or before June 30, 2016.
   37    S  13. Notwithstanding any law to the contrary, and in accordance with
   38  section 4 of the state finance law, the comptroller, after  consultation
   39  with  the  state university chancellor or his or her designee, is hereby
   40  authorized and directed to transfer moneys, in the first instance,  from
   41  the  state  university  collection fund, Stony Brook hospital collection
   42  account (61006), Brooklyn hospital collection account (61007), and Syra-
   43  cuse hospital collection account (61008) to the state university  income
   44  fund,  state university hospitals income reimbursable account (22656) in
   45  the event insufficient funds  are  available  in  the  state  university
   46  income  fund,  state  university  hospitals  income reimbursable account
   47  (22656) to permit the full transfer of moneys authorized  for  transfer,
   48  to  the  general  fund  for  payment of debt service related to the SUNY
   49  hospitals. Notwithstanding any law to the contrary, the  comptroller  is
   50  also  hereby  authorized and directed, after consultation with the state
   51  university chancellor or his or her designee, to  transfer  moneys  from
   52  the  state  university  income fund to the state university income fund,
   53  state university hospitals income reimbursable account  (22656)  in  the
   54  event  insufficient  funds  are available in the state university income
   55  fund, state university hospitals income reimbursable account (22656)  to
   56  pay  hospital  operating  costs or to permit the full transfer of moneys
       S. 2005                            59                            A. 3005
    1  authorized for transfer, to the general fund for payment of debt service
    2  related to the SUNY hospitals on or before March 31, 2016.
    3    S  14.  Notwithstanding any law to the contrary, upon the direction of
    4  the director of the budget and the chancellor of the state university of
    5  New York or his or her designee, and in accordance with section 4 of the
    6  state finance law, the comptroller is hereby authorized and directed  to
    7  transfer  monies from the state university dormitory income fund (40350)
    8  to the state university residence hall rehabilitation fund (30100),  and
    9  from  the state university residence hall rehabilitation fund (30100) to
   10  the state university dormitory income fund (40350), in a net amount  not
   11  to exceed $80 million.
   12    S  15. Notwithstanding any law to the contrary, and in accordance with
   13  section 4 of the state finance law, the comptroller is hereby authorized
   14  and directed to transfer monies, upon request of  the  director  of  the
   15  budget,  on  or  before March 31, 2016, from and to any of the following
   16  accounts: the miscellaneous special revenue fund, patient income account
   17  (21909), the miscellaneous special revenue fund, mental hygiene  program
   18  fund  account  (21907),  the miscellaneous special revenue fund, federal
   19  salary sharing account (22056), or the general fund in any  combination,
   20  the aggregate of which shall not exceed $350 million.
   21    S  16. Notwithstanding any law to the contrary, and in accordance with
   22  section 4 of the state finance law, the comptroller is hereby authorized
   23  and directed to transfer, at the request of the director of the  budget,
   24  up  to $500 million from the unencumbered balance of any special revenue
   25  fund or account, agency  fund  or  account,  internal  service  fund  or
   26  account,  enterprise  fund  or account, or any combination of such funds
   27  and accounts, to the general fund. The amounts transferred  pursuant  to
   28  this authorization shall be in addition to any other transfers expressly
   29  authorized  in  the  2015-16  budget. Transfers from federal funds, debt
   30  service funds, capital projects funds, the community projects  fund,  or
   31  funds  that would result in the loss of eligibility for federal benefits
   32  or federal funds pursuant to federal law, rule, or regulation as assent-
   33  ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws  of
   34  1951 are not permitted pursuant to this authorization.
   35    S  17. Notwithstanding any law to the contrary, and in accordance with
   36  section 4 of the state finance law, the comptroller is hereby authorized
   37  and directed to transfer, at the request of the director of the  budget,
   38  up  to $100 million from any non-general fund or account, or combination
   39  of funds and accounts, to the miscellaneous special revenue fund,  tech-
   40  nology  financing  account (22207) or the miscellaneous capital projects
   41  fund, information technology capital financing account (32215), for  the
   42  purpose  of  consolidating  technology  procurement  and  services.  The
   43  amounts transferred to the miscellaneous special revenue fund, technolo-
   44  gy financing account (22207) pursuant to  this  authorization  shall  be
   45  equal  to  or  less  than  the amount of such monies intended to support
   46  information technology costs which  are  attributable,  according  to  a
   47  plan,  to  such  account  made  in pursuance to an appropriation by law.
   48  Transfers to the technology financing account shall  be  completed  from
   49  amounts  collected  by  non-general funds or accounts pursuant to a fund
   50  deposit schedule or permanent statute, and shall be transferred  to  the
   51  technology  financing  account pursuant to a schedule agreed upon by the
   52  affected agency commissioner. Transfers from funds that would result  in
   53  the  loss  of eligibility for federal benefits or federal funds pursuant
   54  to federal law, rule, or regulation as assented to in chapter 683 of the
   55  laws of 1938 and chapter 700 of the  laws  of  1951  are  not  permitted
   56  pursuant to this authorization.
       S. 2005                            60                            A. 3005
    1    S  18. Notwithstanding any law to the contrary, and in accordance with
    2  section 4 of the state finance law, the comptroller is hereby authorized
    3  and directed to transfer, at the request of the director of the  budget,
    4  up  to $300 million from any non-general fund or account, or combination
    5  of  funds  and  accounts, to the general fund for the purpose of consol-
    6  idating technology procurement and  services.  The  amounts  transferred
    7  pursuant to this authorization shall be equal to or less than the amount
    8  of  such  monies  intended to support information technology costs which
    9  are attributable, according to a plan, to such account made in pursuance
   10  to an appropriation by law. Transfers  to  the  general  fund  shall  be
   11  completed from amounts collected by non-general funds or accounts pursu-
   12  ant  to  a fund deposit schedule. Transfers from funds that would result
   13  in the loss of eligibility for federal benefits or federal funds  pursu-
   14  ant to federal law, rule, or regulation as assented to in chapter 683 of
   15  the  laws  of 1938 and chapter 700 of the laws of 1951 are not permitted
   16  pursuant to this authorization.
   17    S 19. Notwithstanding any provision of law to the contrary, as  deemed
   18  feasible and advisable by its trustees, the power authority of the state
   19  of New York is authorized and directed to (i) make a contribution to the
   20  state  treasury  to  the  credit  of  the  general fund, or as otherwise
   21  directed in writing by the director of the budget, in an amount of up to
   22  $90,000,000 for the state fiscal year  commencing  April  1,  2015,  the
   23  proceeds of which will be utilized to support energy-related initiatives
   24  of the state, or for economic development purposes, and (ii) transfer up
   25  to $25,000,000 of any such contribution by June 30, 2015 and the remain-
   26  der  of any such contribution by March 31, 2016.  Such economic develop-
   27  ment purposes may include, but shall  not  be  limited  to,  efforts  to
   28  attract  and  expand  business  investment  and job creation in New York
   29  state through the Open for Business program, provided that in the  event
   30  any contributed funds are used by a state agency or public authority for
   31  the purpose of advertising and promoting the benefits of the START-UP NY
   32  program,  no  more  than sixty percent of the contributed funds used for
   33  such purpose shall be used for advertising  and  promotion  outside  the
   34  state of New York.
   35    S  20. Notwithstanding any provision of law, rule or regulation to the
   36  contrary, the New York State energy research and  development  authority
   37  is  authorized and directed to make a contribution to the state treasury
   38  to the credit of the general fund in  the  amount  of  $36,000,000  from
   39  proceeds  collected  by the authority from the auction or sale of carbon
   40  dioxide emission allowances allocated by the department of environmental
   41  conservation under the Regional Greenhouse Gas Initiative on  or  before
   42  March 31, 2016.
   43    S  21.  Subdivision  5  of section 97-rrr of the state finance law, as
   44  amended by section 20 of part I of chapter 55 of the laws  of  2014,  is
   45  amended to read as follows:
   46    5. Notwithstanding the provisions of section one hundred seventy-one-a
   47  of  the  tax law, as separately amended by chapters four hundred eighty-
   48  one and four hundred eighty-four of the laws of nineteen hundred  eight-
   49  y-one,  and notwithstanding the provisions of chapter ninety-four of the
   50  laws of two thousand eleven, or any  other  provisions  of  law  to  the
   51  contrary,  during  the  fiscal  year beginning April first, two thousand
   52  [fourteen] FIFTEEN, the  state  comptroller  is  hereby  authorized  and
   53  directed  to  deposit  to the fund created pursuant to this section from
   54  amounts collected pursuant to article twenty-two  of  the  tax  law  and
   55  pursuant  to  a  schedule submitted by the director of the budget, up to
   56  [$3,429,375,000] $3,230,679,000, as may be certified in such schedule as
       S. 2005                            61                            A. 3005
    1  necessary to meet the purposes of such fund for the fiscal  year  begin-
    2  ning April first, two thousand [fourteen] FIFTEEN.
    3    S  22.  The  comptroller  is authorized and directed to deposit to the
    4  general fund-state purposes account reimbursements from moneys appropri-
    5  ated or reappropriated to the correctional facilities  capital  improve-
    6  ment  fund  by  a  chapter  of the laws of 2015. Reimbursements shall be
    7  available for spending from appropriations made  to  the  department  of
    8  corrections and community supervision in the general fund-state purposes
    9  accounts  by a chapter of the laws of 2015 for costs associated with the
   10  administration and security of capital  projects  and  for  other  costs
   11  which are attributable, according to a plan, to such capital projects.
   12    S  23.  Notwithstanding  any  other  law,  rule,  or regulation to the
   13  contrary, the state comptroller is hereby authorized and directed to use
   14  any balance remaining in the mental health services  fund  debt  service
   15  appropriation, after payment by the state comptroller of all obligations
   16  required pursuant to any lease, sublease, or other financing arrangement
   17  between the dormitory authority of the state of New York as successor to
   18  the  New  York  state  medical  care  facilities finance agency, and the
   19  facilities development corporation pursuant to chapter 83 of the laws of
   20  1995 and the department of mental hygiene  for  the  purpose  of  making
   21  payments  to  the  dormitory  authority of the state of New York for the
   22  amount of the earnings for the investment of  monies  deposited  in  the
   23  mental health services fund that such agency determines will or may have
   24  to  be  rebated  to the federal government pursuant to the provisions of
   25  the internal revenue code of 1986, as amended, in order to  enable  such
   26  agency  to  maintain  the  exemption from federal income taxation on the
   27  interest paid to the holders of such agency's mental services facilities
   28  improvement revenue bonds. Annually on or before each  June  30th,  such
   29  agency  shall  certify to the state comptroller its determination of the
   30  amounts received in the mental health services fund as a result  of  the
   31  investment  of  monies  deposited  therein  that  will or may have to be
   32  rebated to the federal government pursuant  to  the  provisions  of  the
   33  internal revenue code of 1986, as amended.
   34    S  24.  Subdivision  8  of  section  68-b of the state finance law, as
   35  amended by section 44 of part HH of chapter 57 of the laws of  2013,  is
   36  amended to read as follows:
   37    8.  Revenue  bonds  may  only  be  issued  for authorized purposes, as
   38  defined in section sixty-eight-a of this  article.  Notwithstanding  the
   39  foregoing,  [the  dormitory  authority  of the state of New York and the
   40  urban development corporation] ANY AUTHORIZED ISSUER may  issue  revenue
   41  bonds  for  any  authorized purpose [of any other such authorized issuer
   42  through  March  thirty-first,  two  thousand  fifteen].  The  authorized
   43  issuers  shall  not  issue  any  revenue bonds in an amount in excess of
   44  statutory authorizations for such  authorized  purposes.  Authorizations
   45  for  such authorized purposes shall be reduced in an amount equal to the
   46  amount of revenue bonds issued for such authorized purposes  under  this
   47  article.  Such  reduction shall not be made in relation to revenue bonds
   48  issued to fund reserve funds, if any, and costs of  issuance,  if  these
   49  items  are  not counted under existing authorizations, nor shall revenue
   50  bonds issued to refund bonds issued under existing authorizations reduce
   51  the amount of such authorizations.
   52    S 25. Subdivision 1 of section 47 of section 1 of chapter 174  of  the
   53  laws  of  1968, constituting the New York state urban development corpo-
   54  ration act, as amended by section 28 of part I of chapter 55 of the laws
   55  of 2014, is amended to read as follows:
       S. 2005                            62                            A. 3005
    1    1. Notwithstanding the provisions of any other law  to  the  contrary,
    2  the  dormitory  authority  and  the corporation are hereby authorized to
    3  issue bonds or notes in one or more series for the  purpose  of  funding
    4  project costs for the office of information technology services, depart-
    5  ment  of  law,  and  other  state  costs  associated  with  such capital
    6  projects. The aggregate principal  amount  of  bonds  authorized  to  be
    7  issued  pursuant  to  this  section  shall  not exceed [one] TWO hundred
    8  [eighty-two]  SIXTY-NINE  million  [four]  ONE  hundred  forty  thousand
    9  dollars, excluding bonds issued to fund one or more debt service reserve
   10  funds, to pay costs of issuance of such bonds, and bonds or notes issued
   11  to refund or otherwise repay such bonds or notes previously issued. Such
   12  bonds and notes of the dormitory authority and the corporation shall not
   13  be  a  debt of the state, and the state shall not be liable thereon, nor
   14  shall they be payable out of any funds other than those appropriated  by
   15  the  state to the dormitory authority and the corporation for principal,
   16  interest, and related expenses pursuant to a service contract  and  such
   17  bonds  and  notes  shall contain on the face thereof a statement to such
   18  effect. Except for purposes of complying with the internal revenue code,
   19  any interest income earned on bond proceeds shall only be  used  to  pay
   20  debt service on such bonds.
   21    S  26.  Section 1 of chapter 174 of the laws of 1968, constituting the
   22  New York state urban development corporation act, is amended by adding a
   23  new section 51 to read as follows:
   24    S 51. 1. NOTWITHSTANDING THE  PROVISIONS  OF  ANY  OTHER  LAW  TO  THE
   25  CONTRARY,  THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION
   26  ARE HEREBY AUTHORIZED TO ISSUE BONDS OR NOTES IN ONE OR MORE SERIES  FOR
   27  THE  PURPOSE  OF  FUNDING PROJECT COSTS FOR THE NONPROFIT INFRASTRUCTURE
   28  CAPITAL INVESTMENT PROGRAM AND OTHER STATE COSTS  ASSOCIATED  WITH  SUCH
   29  CAPITAL  PROJECTS. THE AGGREGATE PRINCIPAL AMOUNT OF BONDS AUTHORIZED TO
   30  BE ISSUED PURSUANT TO  THIS  SECTION  SHALL  NOT  EXCEED  FIFTY  MILLION
   31  DOLLARS, EXCLUDING BONDS ISSUED TO FUND ONE OR MORE DEBT SERVICE RESERVE
   32  FUNDS, TO PAY COSTS OF ISSUANCE OF SUCH BONDS, AND BONDS OR NOTES ISSUED
   33  TO REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED. SUCH
   34  BONDS  AND  NOTES  OF  THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT
   35  CORPORATION SHALL NOT BE A DEBT OF THE STATE, AND THE STATE SHALL NOT BE
   36  LIABLE THEREON, NOR SHALL THEY BE PAYABLE OUT OF ANY  FUNDS  OTHER  THAN
   37  THOSE APPROPRIATED BY THE STATE TO THE DORMITORY AUTHORITY AND THE URBAN
   38  DEVELOPMENT  CORPORATION  FOR  PRINCIPAL, INTEREST, AND RELATED EXPENSES
   39  PURSUANT TO A SERVICE CONTRACT AND SUCH BONDS AND NOTES SHALL CONTAIN ON
   40  THE FACE THEREOF A STATEMENT TO SUCH  EFFECT.  EXCEPT  FOR  PURPOSES  OF
   41  COMPLYING  WITH THE INTERNAL REVENUE CODE, ANY INTEREST INCOME EARNED ON
   42  BOND PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS.
   43    2. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  IN
   44  ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
   45  RATION  IN UNDERTAKING THE FINANCING FOR PROJECT COSTS FOR THE NONPROFIT
   46  INFRASTRUCTURE CAPITAL INVESTMENT PROGRAM AND OTHER STATE COSTS  ASSOCI-
   47  ATED  WITH  SUCH  CAPITAL PROJECTS, THE DIRECTOR OF THE BUDGET IS HEREBY
   48  AUTHORIZED TO ENTER INTO ONE OR MORE SERVICE CONTRACTS WITH THE DORMITO-
   49  RY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION, NONE OF WHICH  SHALL
   50  EXCEED  THIRTY  YEARS IN DURATION, UPON SUCH TERMS AND CONDITIONS AS THE
   51  DIRECTOR OF THE BUDGET AND THE DORMITORY AUTHORITY AND THE URBAN  DEVEL-
   52  OPMENT  CORPORATION  AGREE,  SO  AS TO ANNUALLY PROVIDE TO THE DORMITORY
   53  AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION, IN THE AGGREGATE, A SUM
   54  NOT TO EXCEED THE PRINCIPAL, INTEREST, AND RELATED EXPENSES REQUIRED FOR
   55  SUCH BONDS AND NOTES. ANY SERVICE CONTRACT ENTERED INTO PURSUANT TO THIS
   56  SECTION SHALL PROVIDE THAT THE OBLIGATION OF THE STATE TO PAY THE AMOUNT
       S. 2005                            63                            A. 3005
    1  THEREIN PROVIDED SHALL NOT CONSTITUTE A DEBT OF  THE  STATE  WITHIN  THE
    2  MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED
    3  EXECUTORY  ONLY  TO THE EXTENT OF MONIES AVAILABLE AND THAT NO LIABILITY
    4  SHALL  BE  INCURRED  BY  THE  STATE BEYOND THE MONIES AVAILABLE FOR SUCH
    5  PURPOSE, SUBJECT TO ANNUAL APPROPRIATION BY THE  LEGISLATURE.  ANY  SUCH
    6  CONTRACT  OR  ANY PAYMENTS MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED
    7  AND PLEDGED BY THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT  CORPO-
    8  RATION  AS  SECURITY  FOR  ITS  BONDS  AND  NOTES, AS AUTHORIZED BY THIS
    9  SECTION.
   10    S 27. Subdivision 1 of section 16 of part D of chapter 389 of the laws
   11  of 1997, relating  to  the  financing  of  the  correctional  facilities
   12  improvement  fund and the youth facility improvement fund, as amended by
   13  section 29 of part I of chapter 55 of the laws of 2014,  is  amended  to
   14  read as follows:
   15    1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
   16  notwithstanding the provisions of section 18 of section 1 of chapter 174
   17  of the laws of 1968, the New York state urban development corporation is
   18  hereby authorized to issue bonds, notes  and  other  obligations  in  an
   19  aggregate  principal  amount  not  to  exceed  seven billion one hundred
   20  [forty-eight] SIXTY-THREE  million  THREE  HUNDRED  sixty-nine  thousand
   21  dollars  [$7,148,069,000]  $7,163,369,000,  and shall include all bonds,
   22  notes and other obligations issued pursuant to chapter 56 of the laws of
   23  1983, as amended or supplemented. The proceeds of such bonds,  notes  or
   24  other obligations shall be paid to the state, for deposit in the correc-
   25  tional facilities capital improvement fund to pay for all or any portion
   26  of  the amount or amounts paid by the state from appropriations or reap-
   27  propriations made to the department of corrections and community  super-
   28  vision  from  the  correctional  facilities capital improvement fund for
   29  capital projects. The aggregate amount of bonds, notes  or  other  obli-
   30  gations  authorized  to be issued pursuant to this section shall exclude
   31  bonds, notes or other obligations issued to refund  or  otherwise  repay
   32  bonds,  notes  or  other obligations theretofore issued, the proceeds of
   33  which were paid to the state  for  all  or  a  portion  of  the  amounts
   34  expended  by  the  state from appropriations or reappropriations made to
   35  the department  of  corrections  and  community  supervision;  provided,
   36  however,  that  upon any such refunding or repayment the total aggregate
   37  principal amount of outstanding bonds, notes or other obligations may be
   38  greater than seven billion one hundred [forty-eight] SIXTY-THREE million
   39  THREE   HUNDRED    sixty-nine    thousand    dollars    [$7,148,069,000]
   40  $7,163,369,000,  only if the present value of the aggregate debt service
   41  of the refunding or repayment bonds, notes or other  obligations  to  be
   42  issued  shall not exceed the present value of the aggregate debt service
   43  of the bonds, notes or other obligations so to be  refunded  or  repaid.
   44  For the purposes hereof, the present value of the aggregate debt service
   45  of  the  refunding or repayment bonds, notes or other obligations and of
   46  the aggregate debt service of the bonds, notes or other  obligations  so
   47  refunded  or  repaid,  shall  be  calculated  by utilizing the effective
   48  interest rate of the refunding or repayment bonds, notes or other  obli-
   49  gations, which shall be that rate arrived at by doubling the semi-annual
   50  interest  rate (compounded semi-annually) necessary to discount the debt
   51  service payments on the refunding or repayment  bonds,  notes  or  other
   52  obligations  from  the payment dates thereof to the date of issue of the
   53  refunding or repayment bonds, notes or  other  obligations  and  to  the
   54  price  bid  including estimated accrued interest or proceeds received by
   55  the corporation including estimated accrued interest from the sale ther-
   56  eof.
       S. 2005                            64                            A. 3005
    1    S 28. Paragraph (a) of subdivision 2 of section 47-e  of  the  private
    2  housing finance law, as amended by section 30 of part I of chapter 55 of
    3  the laws of 2014, is amended to read as follows:
    4    (a) Subject to the provisions of chapter fifty-nine of the laws of two
    5  thousand,  in  order  to  enhance and encourage the promotion of housing
    6  programs and thereby achieve the stated purposes and objectives of  such
    7  housing  programs, the agency shall have the power and is hereby author-
    8  ized from time to time to issue negotiable  housing  program  bonds  and
    9  notes  in  such principal amount as shall be necessary to provide suffi-
   10  cient funds for the repayment of amounts disbursed (and  not  previously
   11  reimbursed)  pursuant  to law or any prior year making capital appropri-
   12  ations or reappropriations for the  purposes  of  the  housing  program;
   13  provided,  however, that the agency may issue such bonds and notes in an
   14  aggregate principal amount not exceeding [two] THREE billion [nine]  ONE
   15  hundred  [ninety-nine]  FIFTY-THREE  million  SEVEN  HUNDRED ninety-nine
   16  thousand dollars, plus a principal amount of bonds issued  to  fund  the
   17  debt  service  reserve  fund in accordance with the debt service reserve
   18  fund requirement established  by  the  agency  and  to  fund  any  other
   19  reserves  that the agency reasonably deems necessary for the security or
   20  marketability of such bonds and to provide for the payment of  fees  and
   21  other  charges  and  expenses, including underwriters' discount, trustee
   22  and rating agency fees, bond insurance, credit enhancement and liquidity
   23  enhancement related to the issuance of such bonds and notes. No  reserve
   24  fund securing the housing program bonds shall be entitled or eligible to
   25  receive  state  funds apportioned or appropriated to maintain or restore
   26  such reserve fund at or to a particular level, except to the  extent  of
   27  any  deficiency  resulting  directly or indirectly from a failure of the
   28  state to appropriate or pay the agreed amount under any of the contracts
   29  provided for in subdivision four of this section.
   30    S 29. 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 31 of part I of chapter 55 of the laws of 2014, is amended to
   34  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
   44  [$8,120,728,000]  $8,608,881,000  cumulatively by the end of fiscal year
   45  [2014-15] 2015-16.
   46    S 30. Subdivision 1 of section 1689-i of the public  authorities  law,
   47  as amended by section 32 of part I of chapter 55 of the laws of 2014, is
   48  amended to read as follows:
   49    1.  The  dormitory  authority  is  authorized  to  issue bonds, at the
   50  request of the commissioner of education, to  finance  eligible  library
   51  construction projects pursuant to section two hundred seventy-three-a of
   52  the  education  law,  in  amounts  certified by such commissioner not to
   53  exceed a total principal amount of [one hundred twenty-six] ONE  HUNDRED
   54  FORTY million dollars.
   55    S  31.  Subdivision  (a)  of section 27 of part Y of chapter 61 of the
   56  laws of 2005, providing for the  administration  of  certain  funds  and
       S. 2005                            65                            A. 3005
    1  accounts  related  to  the 2005-2006 budget, as amended by section 33 of
    2  part I of chapter 55 of the laws of 2014, is amended to read as follows:
    3    (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
    4  notwithstanding any provisions of law to the contrary, the urban  devel-
    5  opment  corporation  is hereby authorized to issue bonds or notes in one
    6  or  more  series  in  an  aggregate  principal  amount  not  to   exceed
    7  [$149,600,000]  $155,600,000,  excluding  bonds issued to finance one or
    8  more debt service reserve funds, to pay costs of issuance of such bonds,
    9  and bonds or notes issued to refund or otherwise  repay  such  bonds  or
   10  notes  previously  issued, for the purpose of financing capital projects
   11  including IT initiatives for the division of state police, debt  service
   12  and  leases;  and  to reimburse the state general fund for disbursements
   13  made therefor. Such bonds and notes of such authorized issuer shall  not
   14  be  a  debt of the state, and the state shall not be liable thereon, nor
   15  shall they be payable out of any funds other than those appropriated  by
   16  the  state  to  such  authorized  issuer  for  debt  service and related
   17  expenses pursuant to any service contract executed pursuant to  subdivi-
   18  sion  (b)  of this section and such bonds and notes shall contain on the
   19  face thereof a statement to such effect. Except for purposes of  comply-
   20  ing  with  the internal revenue code, any interest income earned on bond
   21  proceeds shall only be used to pay debt service on such bonds.
   22    S 32. Section 44 of section 1 of chapter 174  of  the  laws  of  1968,
   23  constituting  the  New  York state urban development corporation act, as
   24  amended by section 34 of part I of chapter 55 of the laws  of  2014,  is
   25  amended to read as follows:
   26    S  44.  Issuance  of  certain  bonds  or notes. 1. Notwithstanding the
   27  provisions of any other law to the contrary, the dormitory authority and
   28  the corporation are hereby authorized to issue bonds or notes in one  or
   29  more  series  for  the purpose of funding project costs for the regional
   30  economic development council  initiative,  the  economic  transformation
   31  program,  state university of New York college for nanoscale and science
   32  engineering, projects within the city of Buffalo  or  surrounding  envi-
   33  rons,  the  New  York  works economic development fund, projects for the
   34  retention of professional football in western New York, the empire state
   35  economic development fund, the  clarkson-trudeau  partnership,  the  New
   36  York  genome  center, the cornell university college of veterinary medi-
   37  cine, the olympic regional development  authority,  a  project  at  nano
   38  Utica,  onondaga  county  revitalization projects, BINGHAMTON UNIVERSITY
   39  SCHOOL OF PHARMACY, NEW YORK POWER ELECTRONICS MANUFACTURING CONSORTIUM,
   40  and other state costs associated with such projects. The aggregate prin-
   41  cipal amount of bonds authorized to be issued pursuant to  this  section
   42  shall  not  exceed  two  billion [two] FOUR hundred [three] EIGHTY-EIGHT
   43  million two hundred fifty-seven thousand dollars, excluding bonds issued
   44  to fund one or more debt service reserve funds, to pay costs of issuance
   45  of such bonds, and bonds or notes issued to refund  or  otherwise  repay
   46  such  bonds  or  notes  previously  issued.  Such bonds and notes of the
   47  dormitory authority and the corporation shall  not  be  a  debt  of  the
   48  state,  and  the  state  shall  not be liable thereon, nor shall they be
   49  payable out of any funds other than those appropriated by the  state  to
   50  the dormitory authority and the corporation for principal, interest, and
   51  related expenses pursuant to a service contract and such bonds and notes
   52  shall contain on the face thereof a statement to such effect. Except for
   53  purposes  of  complying  with  the  internal  revenue code, any interest
   54  income earned on bond proceeds shall only be used to pay debt service on
   55  such bonds.
       S. 2005                            66                            A. 3005
    1    2. Notwithstanding any other provision of  law  to  the  contrary,  in
    2  order to assist the dormitory authority and the corporation in undertak-
    3  ing  the  financing for project costs for the regional economic develop-
    4  ment council initiative,  the  economic  transformation  program,  state
    5  university  of  New  York college for nanoscale and science engineering,
    6  projects within the city of Buffalo or  surrounding  environs,  the  New
    7  York  works  economic  development  fund,  projects for the retention of
    8  professional football in western New York,  the  empire  state  economic
    9  development  fund, the clarkson-trudeau partnership, the New York genome
   10  center, the cornell university college of veterinary medicine, the olym-
   11  pic regional development authority, a project at  nano  Utica,  onondaga
   12  county  revitalization projects, BINGHAMTON UNIVERSITY SCHOOL OF PHARMA-
   13  CY, NEW YORK POWER ELECTRONICS MANUFACTURING CONSORTIUM, and other state
   14  costs associated with such projects, the director of the budget is here-
   15  by authorized to enter into one  or  more  service  contracts  with  the
   16  dormitory  authority  and  the  corporation,  none of which shall exceed
   17  thirty years in duration, upon such terms and conditions as the director
   18  of the budget and the dormitory authority and the corporation agree,  so
   19  as  to  annually provide to the dormitory authority and the corporation,
   20  in the aggregate, a sum not  to  exceed  the  principal,  interest,  and
   21  related expenses required for such bonds and notes. Any service contract
   22  entered  into pursuant to this section shall provide that the obligation
   23  of the state to pay the amount therein provided shall not  constitute  a
   24  debt  of the state within the meaning of any constitutional or statutory
   25  provision and shall be deemed executory only to  the  extent  of  monies
   26  available  and  that  no liability shall be incurred by the state beyond
   27  the monies available for such purpose, subject to  annual  appropriation
   28  by the legislature. Any such contract or any payments made or to be made
   29  thereunder  may  be  assigned and pledged by the dormitory authority and
   30  the corporation as security for its bonds and notes,  as  authorized  by
   31  this section.
   32    S  33.  Subdivision 3 of section 1285-p of the public authorities law,
   33  as amended by section 35 of part I of chapter 55 of the laws of 2014, is
   34  amended to read as follows:
   35    3. The maximum amount of bonds that may be issued for the  purpose  of
   36  financing  environmental  infrastructure  projects  authorized  by  this
   37  section shall be one billion [three] FIVE hundred [ninety-eight]  SEVEN-
   38  TY-FIVE million [two] SEVEN hundred sixty thousand dollars, exclusive of
   39  bonds  issued to fund any debt service reserve funds, pay costs of issu-
   40  ance of such bonds, and bonds or notes issued  to  refund  or  otherwise
   41  repay  bonds  or  notes  previously  issued. Such bonds and notes of the
   42  corporation shall not be a debt of the state, and the state shall not be
   43  liable thereon, nor shall they be payable out of any  funds  other  than
   44  those  appropriated by the state to the corporation for debt service and
   45  related expenses pursuant to any service contracts executed pursuant  to
   46  subdivision  one of this section, and such bonds and notes shall contain
   47  on the face thereof a statement to such effect.
   48    S 34. Subdivision 1 of section 45 of section 1 of chapter 174  of  the
   49  laws  of  1968, constituting the New York state urban development corpo-
   50  ration act, as amended by section 37 of part I of chapter 55 of the laws
   51  of 2014, is amended to read as follows:
   52    1. Notwithstanding the provisions of any other law  to  the  contrary,
   53  the  urban  development  corporation  of the state of New York is hereby
   54  authorized to issue bonds or notes in one or more series for the purpose
   55  of funding project costs for the implementation of a NY-SUNY and NY-CUNY
   56  2020 challenge grant program subject to the approval of  a  NY-SUNY  and
       S. 2005                            67                            A. 3005
    1  NY-CUNY  2020 plan or plans by the governor and either the chancellor of
    2  the state university of New York or the chancellor of the city universi-
    3  ty of New York, as applicable. The aggregate principal amount  of  bonds
    4  authorized  to  be  issued  pursuant  to  this  section shall not exceed
    5  [$330,000,000] $440,000,000, excluding bonds issued to fund one or  more
    6  debt  service reserve funds, to pay costs of issuance of such bonds, and
    7  bonds or notes issued to refund or otherwise repay such bonds  or  notes
    8  previously  issued. Such bonds and notes of the corporation shall not be
    9  a debt of the state, and the state shall  not  be  liable  thereon,  nor
   10  shall  they be payable out of any funds other than those appropriated by
   11  the state to  the  corporation  for  principal,  interest,  and  related
   12  expenses  pursuant  to a service contract and such bonds and notes shall
   13  contain on the face thereof a  statement  to  such  effect.  Except  for
   14  purposes  of  complying  with  the  internal  revenue code, any interest
   15  income earned on bond proceeds shall only be used to pay debt service on
   16  such bonds.
   17    S 35. Subdivision (a) of section 48 of part K of  chapter  81  of  the
   18  laws  of  2002,  providing  for  the administration of certain funds and
   19  accounts related to the 2002-2003 budget, as amended by  section  38  of
   20  part I of chapter 55 of the laws of 2014, is amended to read as follows:
   21    (a)  Subject  to  the provisions of chapter 59 of the laws of 2000 but
   22  notwithstanding the provisions of section 18 of  the  urban  development
   23  corporation  act, the corporation is hereby authorized to issue bonds or
   24  notes in one or more series in an  aggregate  principal  amount  not  to
   25  exceed  $197,000,000  excluding  bonds  issued  to fund one or more debt
   26  service reserve funds, to pay costs of issuance of such bonds, and bonds
   27  or notes issued to refund or otherwise repay such bonds or notes  previ-
   28  ously  issued,  for  the  purpose  of financing capital costs related to
   29  homeland security and training facilities  for  the  division  of  state
   30  police,  the division of military and naval affairs, and any other state
   31  agency, including the reimbursement of any disbursements made  from  the
   32  state  capital projects fund, and is hereby authorized to issue bonds or
   33  notes in one or more series in an  aggregate  principal  amount  not  to
   34  exceed  [$317,800,000]  $469,800,000, excluding bonds issued to fund one
   35  or more debt service reserve funds, to pay costs  of  issuance  of  such
   36  bonds, and bonds or notes issued to refund or otherwise repay such bonds
   37  or notes previously issued, for the purpose of financing improvements to
   38  State office buildings and other facilities located statewide, including
   39  the  reimbursement  of  any  disbursements  made  from the state capital
   40  projects fund. Such bonds and notes of the 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 corporation for debt service and related expenses pursuant
   44  to any service contracts executed pursuant to subdivision  (b)  of  this
   45  section,  and  such  bonds and notes shall contain on the face thereof a
   46  statement to such effect.
   47    S 36. Subdivision 1 of section 386-b of the public authorities law, as
   48  amended by section 39 of part I of chapter 55 of the laws  of  2014,  is
   49  amended to read as follows:
   50    1.  Notwithstanding  any  other  provision of law to the contrary, the
   51  authority, the dormitory authority and the urban development corporation
   52  are hereby authorized to issue bonds or notes in one or more series  for
   53  the  purpose  of  financing  peace  bridge projects and capital costs of
   54  state and local highways, parkways, bridges, the New York state thruway,
   55  Indian reservation roads, and facilities, and transportation infrastruc-
   56  ture  projects  including  aviation  projects,  non-MTA   mass   transit
       S. 2005                            68                            A. 3005
    1  projects,  and rail service preservation projects, including work appur-
    2  tenant and ancillary thereto. The aggregate principal  amount  of  bonds
    3  authorized  to  be  issued pursuant to this section shall not exceed ONE
    4  BILLION four hundred [sixty-five] FORTY million dollars [($465,000,000)]
    5  $1,440,000,000,  excluding bonds issued to fund one or more debt service
    6  reserve funds, to pay costs of issuance of such bonds, and to refund  or
    7  otherwise  repay  such  bonds or notes previously issued. Such bonds and
    8  notes of the authority, the dormitory authority and the  urban  develop-
    9  ment  corporation  shall not be a debt of the state, and the state shall
   10  not be liable thereon, nor shall they be payable out of any funds  other
   11  than  those  appropriated  by  the state to the authority, the dormitory
   12  authority and the urban development corporation for principal, interest,
   13  and related expenses pursuant to a service contract and such  bonds  and
   14  notes  shall  contain  on  the  face thereof a statement to such effect.
   15  Except for purposes of complying with the  internal  revenue  code,  any
   16  interest  income  earned on bond proceeds shall only be used to pay debt
   17  service on such bonds.
   18    S 37. Paragraph (c) of subdivision 19 of section 1680  of  the  public
   19  authorities law, as amended by section 40 of part I of chapter 55 of the
   20  laws of 2014, is amended to read as follows:
   21    (c) Subject to the provisions of chapter fifty-nine of the laws of two
   22  thousand,  the  dormitory  authority shall not issue any bonds for state
   23  university educational facilities purposes if the  principal  amount  of
   24  bonds to be issued when added to the aggregate principal amount of bonds
   25  issued  by  the  dormitory  authority  on and after July first, nineteen
   26  hundred eighty-eight for state university  educational  facilities  will
   27  exceed   [ten]   ELEVEN   billion   [nine]   TWO  hundred  [eighty-four]
   28  TWENTY-EIGHT million dollars; provided, however, that bonds issued or to
   29  be issued shall be excluded from such limitation if: (1) such bonds  are
   30  issued to refund state university construction bonds and state universi-
   31  ty  construction  notes previously issued by the housing finance agency;
   32  or (2) such bonds are issued to refund bonds of the authority  or  other
   33  obligations  issued for state university educational facilities purposes
   34  and the present value of the aggregate debt  service  on  the  refunding
   35  bonds does not exceed the present value of the aggregate debt service on
   36  the bonds refunded thereby; provided, further that upon certification by
   37  the director of the budget that the issuance of refunding bonds or other
   38  obligations  issued between April first, nineteen hundred ninety-two and
   39  March thirty-first, nineteen hundred  ninety-three  will  generate  long
   40  term  economic  benefits  to  the  state, as assessed on a present value
   41  basis, such issuance will be deemed to have met the present  value  test
   42  noted  above. For purposes of this subdivision, the present value of the
   43  aggregate debt service of the refunding bonds  and  the  aggregate  debt
   44  service of the bonds refunded, shall be calculated by utilizing the true
   45  interest  cost  of the refunding bonds, which shall be that rate arrived
   46  at by doubling the semi-annual interest rate (compounded  semi-annually)
   47  necessary  to  discount the debt service payments on the refunding bonds
   48  from the payment dates thereof to the date of  issue  of  the  refunding
   49  bonds  to  the purchase price of the refunding bonds, including interest
   50  accrued thereon prior to the issuance  thereof.  The  maturity  of  such
   51  bonds,  other  than  bonds issued to refund outstanding bonds, shall not
   52  exceed the weighted average economic life, as  certified  by  the  state
   53  university construction fund, of the facilities in connection with which
   54  the  bonds  are  issued,  and  in any case not later than the earlier of
   55  thirty years or the expiration of the term of  any  lease,  sublease  or
   56  other  agreement  relating  thereto;  provided  that  no note, including
       S. 2005                            69                            A. 3005
    1  renewals thereof, shall mature later than five years after the  date  of
    2  issuance  of  such  note. The legislature reserves the right to amend or
    3  repeal such limit, and the state of New York, the  dormitory  authority,
    4  the  state university of New York, and the state university construction
    5  fund are prohibited from covenanting or making any other agreements with
    6  or for the benefit of bondholders which might in  any  way  affect  such
    7  right.
    8    S  38.  Paragraph  (c) of subdivision 14 of section 1680 of the public
    9  authorities law, as amended by section 41 of part I of chapter 55 of the
   10  laws of 2014, is amended to read as follows:
   11    (c) Subject to the provisions of chapter fifty-nine of the laws of two
   12  thousand, (i) the dormitory authority shall  not  deliver  a  series  of
   13  bonds for city university community college facilities, except to refund
   14  or  to  be substituted for or in lieu of other bonds in relation to city
   15  university community college facilities pursuant to a resolution of  the
   16  dormitory  authority adopted before July first, nineteen hundred eighty-
   17  five or any resolution supplemental thereto, if the principal amount  of
   18  bonds  so  to  be  issued  when  added to all principal amounts of bonds
   19  previously issued by the dormitory authority for city university  commu-
   20  nity  college  facilities, except to refund or to be substituted in lieu
   21  of other bonds in relation to city university community college  facili-
   22  ties will exceed the sum of four hundred twenty-five million dollars and
   23  (ii)  the dormitory authority shall not deliver a series of bonds issued
   24  for city university facilities, including community college  facilities,
   25  pursuant  to a resolution of the dormitory authority adopted on or after
   26  July first, nineteen hundred eighty-five, except  to  refund  or  to  be
   27  substituted for or in lieu of other bonds in relation to city university
   28  facilities  and except for bonds issued pursuant to a resolution supple-
   29  mental to a resolution of the dormitory authority adopted prior to  July
   30  first, nineteen hundred eighty-five, if the principal amount of bonds so
   31  to  be  issued  when  added  to the principal amount of bonds previously
   32  issued pursuant to any such resolution, except bonds issued to refund or
   33  to be substituted for or in lieu of other  bonds  in  relation  to  city
   34  university  facilities,  will  exceed  seven billion [two] THREE hundred
   35  [seventy-three] NINETY-TWO million [three]  SEVEN  hundred  [thirty-one]
   36  FIFTY-THREE  thousand  dollars.  The  legislature  reserves the right to
   37  amend or repeal such limit, and the state of  New  York,  the  dormitory
   38  authority,  the city university, and the fund are prohibited from coven-
   39  anting or making any other agreements with or for the benefit  of  bond-
   40  holders which might in any way affect such right.
   41    S  39. Subdivision 10-a of section 1680 of the public authorities law,
   42  as amended by section 42 of part I of chapter 55 of the laws of 2014, is
   43  amended to read as follows:
   44    10-a. Subject to the provisions of chapter fifty-nine of the  laws  of
   45  two  thousand, but notwithstanding any other provision of the law to the
   46  contrary, the maximum amount of bonds and notes to be issued after March
   47  thirty-first, two thousand two, on behalf of the state, in  relation  to
   48  any  locally sponsored community college, shall be [seven] EIGHT hundred
   49  [seventy-six]  THIRTY-EIGHT  million   [three]   FOUR   hundred   [five]
   50  FIFTY-EIGHT  thousand  dollars.  Such amount shall be exclusive of bonds
   51  and notes issued to fund any reserve fund or funds,  costs  of  issuance
   52  and  to  refund any outstanding bonds and notes, issued on behalf of the
   53  state, relating to a locally sponsored community college.
   54    S 40. Section 1680-r of  the  public  authorities  law,  as  added  by
   55  section  43  of  part I of chapter 55 of the laws of 2014, is amended to
   56  read as follows:
       S. 2005                            70                            A. 3005
    1    S 1680-r. Authorization for the issuance  of  bonds  for  the  capital
    2  restructuring financing program AND THE HEALTH CARE FACILITY TRANSFORMA-
    3  TION  PROGRAM. 1. Notwithstanding the provisions of any other law to the
    4  contrary, the dormitory authority and the urban development  corporation
    5  are  hereby authorized to issue bonds or notes in one or more series for
    6  the purpose of funding  project  costs  for  the  capital  restructuring
    7  financing program for health care and related facilities licensed pursu-
    8  ant  to  the public health law or the mental hygiene law and other state
    9  costs associated with such capital projects AND THE HEALTH CARE FACILITY
   10  TRANSFORMATION PROGRAM.  The aggregate principal amount of bonds author-
   11  ized to be issued pursuant to this section shall not  exceed  [one]  TWO
   12  billion  two hundred million dollars, excluding bonds issued to fund one
   13  or more debt service reserve funds, to pay costs  of  issuance  of  such
   14  bonds, and bonds or notes issued to refund or otherwise repay such bonds
   15  or  notes  previously  issued.  Such  bonds  and  notes of the dormitory
   16  authority and the urban development corporation shall not be a  debt  of
   17  the  state, and the state shall not be liable thereon, nor shall they be
   18  payable out of any funds other than those appropriated by the  state  to
   19  the  dormitory authority and the urban development corporation for prin-
   20  cipal, interest, and related expenses pursuant to a service contract and
   21  such bonds and notes shall contain on the face thereof  a  statement  to
   22  such  effect. Except for purposes of complying with the internal revenue
   23  code, any interest income earned on bond proceeds shall only be used  to
   24  pay debt service on such bonds.
   25    2.  Notwithstanding  any  other  provision  of law to the contrary, in
   26  order to assist the dormitory authority and the urban development corpo-
   27  ration in undertaking the financing for project costs  for  the  capital
   28  restructuring  financing  program for health care and related facilities
   29  licensed pursuant to the public health law or the mental hygiene law and
   30  other state costs associated with such capital projects AND  THE  HEALTH
   31  CARE  FACILITY  TRANSFORMATION  PROGRAM,  the  director of the budget is
   32  hereby authorized to enter into one or more service contracts  with  the
   33  dormitory authority and the urban development corporation, none of which
   34  shall exceed thirty years in duration, upon such terms and conditions as
   35  the  director  of  the  budget and the dormitory authority and the urban
   36  development corporation agree, so as to annually provide to the dormito-
   37  ry authority and the urban development corporation, in the aggregate,  a
   38  sum not to exceed the principal, interest, and related expenses required
   39  for  such bonds and notes. Any service contract entered into pursuant to
   40  this section shall provide that the obligation of the state to  pay  the
   41  amount  therein provided shall not constitute a debt of the state within
   42  the meaning of any constitutional or statutory provision  and  shall  be
   43  deemed  executory  only  to  the  extent of monies available and that no
   44  liability shall be incurred by the state beyond the monies available for
   45  such purpose, subject to annual appropriation by  the  legislature.  Any
   46  such  contract  or  any  payments  made  or to be made thereunder may be
   47  assigned and pledged by the dormitory authority and the  urban  develop-
   48  ment  corporation  as security for its bonds and notes, as authorized by
   49  this section.
   50    S 41. Subdivision 1 of section 17 of part D of chapter 389 of the laws
   51  of 1997, relating  to  the  financing  of  the  correctional  facilities
   52  improvement  fund and the youth facility improvement fund, as amended by
   53  section 44 of part I of chapter 55 of the laws of 2014,  is  amended  to
   54  read as follows:
   55    1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
   56  notwithstanding the provisions of section 18 of section 1 of chapter 174
       S. 2005                            71                            A. 3005
    1  of the laws of 1968, the New York state urban development corporation is
    2  hereby authorized to issue bonds, notes  and  other  obligations  in  an
    3  aggregate principal amount not to exceed [four] SIX hundred [sixty-five]
    4  ELEVEN million [three] TWO hundred [sixty-five] FIFTEEN thousand dollars
    5  [($465,365,000)]   ($611,215,000),  which  authorization  increases  the
    6  aggregate principal amount of bonds, notes and other obligations author-
    7  ized by section 40 of chapter 309 of the laws of 1996, and shall include
    8  all bonds, notes and other obligations issued pursuant to chapter 211 of
    9  the laws of 1990, as amended  or  supplemented.  The  proceeds  of  such
   10  bonds, notes or other obligations shall be paid to the state, for depos-
   11  it  in  the  youth  facilities  improvement  fund, to pay for all or any
   12  portion of the amount or amounts paid by the state  from  appropriations
   13  or  reappropriations  made to the office of children and family services
   14  from the youth facilities improvement fund  for  capital  projects.  The
   15  aggregate  amount of bonds, notes and other obligations authorized to be
   16  issued pursuant to this section shall  exclude  bonds,  notes  or  other
   17  obligations  issued  to  refund or otherwise repay bonds, notes or other
   18  obligations theretofore issued, the proceeds of which were paid  to  the
   19  state  for  all  or  a portion of the amounts expended by the state from
   20  appropriations or reappropriations made to the office  of  children  and
   21  family  services;  provided,  however,  that  upon any such refunding or
   22  repayment the total aggregate principal  amount  of  outstanding  bonds,
   23  notes  or  other  obligations  may  be  greater  than [four] SIX hundred
   24  [sixty-five] ELEVEN million [three]  TWO  hundred  [sixty-five]  FIFTEEN
   25  thousand  dollars  [($465,365,000)]  ($611,215,000), only if the present
   26  value of the aggregate debt service of the refunding or repayment bonds,
   27  notes or other obligations to be issued shall  not  exceed  the  present
   28  value  of  the aggregate debt service of the bonds, notes or other obli-
   29  gations so to be refunded or repaid. For the purposes hereof, the  pres-
   30  ent  value  of  the aggregate debt service of the refunding or repayment
   31  bonds, notes or other obligations and of the aggregate debt  service  of
   32  the  bonds,  notes  or other obligations so refunded or repaid, shall be
   33  calculated by utilizing the effective interest rate of the refunding  or
   34  repayment  bonds,  notes  or other obligations, which shall be that rate
   35  arrived at by doubling the semi-annual interest rate  (compounded  semi-
   36  annually) necessary to discount the debt service payments on the refund-
   37  ing  or  repayment  bonds,  notes  or other obligations from the payment
   38  dates thereof to the date of issue of the refunding or repayment  bonds,
   39  notes  or  other  obligations  and  to the price bid including estimated
   40  accrued interest or proceeds received by the corporation including esti-
   41  mated accrued interest from the sale thereof.
   42    S 42. Paragraph b of subdivision 2 of section  9-a  of  section  1  of
   43  chapter 392 of the laws of 1973, constituting the New York state medical
   44  care  facilities  finance agency act, as amended by section 46 of part I
   45  of chapter 55 of the laws of 2014, is amended to read as follows:
   46    b. The agency shall have power and is hereby authorized from  time  to
   47  time  to  issue negotiable bonds and notes in conformity with applicable
   48  provisions of the uniform commercial code in such principal  amount  as,
   49  in  the  opinion  of  the  agency, shall be necessary, after taking into
   50  account other moneys which may be available for the purpose, to  provide
   51  sufficient  funds  to  the  facilities  development  corporation, or any
   52  successor agency, for the financing or refinancing of or for the design,
   53  construction, acquisition, reconstruction, rehabilitation or improvement
   54  of mental health services facilities pursuant to  paragraph  a  of  this
   55  subdivision,  the payment of interest on mental health services improve-
   56  ment bonds and mental health services improvement notes issued for  such
       S. 2005                            72                            A. 3005
    1  purposes,  the establishment of reserves to secure such bonds and notes,
    2  the cost or premium of bond insurance or  the  costs  of  any  financial
    3  mechanisms  which  may  be used to reduce the debt service that would be
    4  payable  by the agency on its mental health services facilities improve-
    5  ment bonds and notes and all other expenditures of the  agency  incident
    6  to  and  necessary or convenient to providing the facilities development
    7  corporation, or any successor agency, with funds for  the  financing  or
    8  refinancing of or for any such design, construction, acquisition, recon-
    9  struction, rehabilitation or improvement and for the refunding of mental
   10  hygiene improvement bonds issued pursuant to section 47-b of the private
   11  housing  finance law; provided, however, that the agency shall not issue
   12  mental health services facilities improvement bonds  and  mental  health
   13  services  facilities  improvement notes in an aggregate principal amount
   14  exceeding seven billion [four] SEVEN  hundred  [thirty-five]  TWENTY-TWO
   15  million  eight hundred fifteen thousand dollars, excluding mental health
   16  services facilities improvement bonds and mental health services facili-
   17  ties improvement  notes  issued  to  refund  outstanding  mental  health
   18  services facilities improvement bonds and mental health services facili-
   19  ties  improvement notes; provided, however, that upon any such refunding
   20  or repayment of mental  health  services  facilities  improvement  bonds
   21  and/or  mental  health  services  facilities improvement notes the total
   22  aggregate principal amount of outstanding mental health services facili-
   23  ties improvement bonds and mental health  facilities  improvement  notes
   24  may  be  greater  than  seven billion [four] SEVEN hundred [thirty-five]
   25  TWENTY-TWO million eight  hundred  fifteen  thousand  dollars  only  if,
   26  except  as  hereinafter  provided with respect to mental health services
   27  facilities bonds and mental health services facilities notes  issued  to
   28  refund mental hygiene improvement bonds authorized to be issued pursuant
   29  to  the  provisions  of section 47-b of the private housing finance law,
   30  the present value of the aggregate debt  service  of  the  refunding  or
   31  repayment  bonds  to be issued shall not exceed the present value of the
   32  aggregate debt service of the  bonds  to  be  refunded  or  repaid.  For
   33  purposes hereof, the present values of the aggregate debt service of the
   34  refunding  or  repayment  bonds,  notes  or other obligations and of the
   35  aggregate debt service of the  bonds,  notes  or  other  obligations  so
   36  refunded  or  repaid,  shall  be  calculated  by utilizing the effective
   37  interest rate of the refunding or repayment bonds, notes or other  obli-
   38  gations, which shall be that rate arrived at by doubling the semi-annual
   39  interest  rate (compounded semi-annually) necessary to discount the debt
   40  service payments on the refunding or repayment  bonds,  notes  or  other
   41  obligations  from  the payment dates thereof to the date of issue of the
   42  refunding or repayment bonds, notes or  other  obligations  and  to  the
   43  price  bid  including estimated accrued interest or proceeds received by
   44  the authority including estimated accrued interest from the sale  there-
   45  of.  Such  bonds,  other  than bonds issued to refund outstanding bonds,
   46  shall be scheduled to mature over a  term  not  to  exceed  the  average
   47  useful  life, as certified by the facilities development corporation, of
   48  the projects for which the bonds are issued, and in any case  shall  not
   49  exceed  thirty  years  and the maximum maturity of notes or any renewals
   50  thereof shall not exceed five years from the date of the original  issue
   51  of such notes. Notwithstanding the provisions of this section, the agen-
   52  cy  shall have the power and is hereby authorized to issue mental health
   53  services facilities improvement  bonds  and/or  mental  health  services
   54  facilities  improvement  notes  to  refund  outstanding  mental  hygiene
   55  improvement bonds authorized to be issued pursuant to the provisions  of
   56  section  47-b of the private housing finance law and the amount of bonds
       S. 2005                            73                            A. 3005
    1  issued or outstanding for  such  purposes  shall  not  be  included  for
    2  purposes  of  determining  the  amount  of bonds issued pursuant to this
    3  section. The director of the budget shall allocate the aggregate princi-
    4  pal  authorized  to  be  issued by the agency among the office of mental
    5  health, office for  people  with  developmental  disabilities,  and  the
    6  office  of alcoholism and substance abuse services, in consultation with
    7  their respective commissioners to finance bondable appropriations previ-
    8  ously approved by the legislature.
    9    S 43. Paragraph (b) of subdivision 3 of section 1 and  clause  (B)  of
   10  subparagraph  (iii)  of  paragraph  (j) of subdivision 4 of section 1 of
   11  part D of chapter 63 of the laws of 2005 relating to the composition and
   12  responsibilities of the New York state higher education capital matching
   13  grant board, as amended by section 46-c of part I of chapter 55  of  the
   14  laws of 2014, is amended to read as follows:
   15    (b)  Within amounts appropriated therefor, the board is hereby author-
   16  ized and directed to award matching capital grants  totaling  [180]  210
   17  million dollars. Each college shall be eligible for a grant award amount
   18  as  determined  by the calculations pursuant to subdivision five of this
   19  section. In addition, such colleges shall be  eligible  to  compete  for
   20  additional  funds  pursuant to paragraph (h) of subdivision four of this
   21  section.
   22    (B) The dormitory authority shall not issue any bonds or notes  in  an
   23  amount  in  excess of [180] 210 million dollars for the purposes of this
   24  section; excluding bonds or notes  issued  to  fund  one  or  more  debt
   25  service reserve funds, to pay costs of issuance of such bonds, and bonds
   26  or  notes issued to refund or otherwise repay such bonds or notes previ-
   27  ously issued. Except for purposes of complying with the internal revenue
   28  code, any interest on bond proceeds shall  only  be  used  to  pay  debt
   29  service on such bonds.
   30    S  44.  Section 3 of part B of chapter 56 of the laws of 2014, consti-
   31  tuting the smart schools bond  act  of  2014,  is  amended  to  read  as
   32  follows:
   33    S  3.  Bonds of the state. (A) The state comptroller is hereby author-
   34  ized and empowered to issue and sell bonds of the state up to the aggre-
   35  gate amount of two billion dollars ($2,000,000,000) for the purposes  of
   36  this act, subject to the provisions of article five of the state finance
   37  law.   The aggregate principal amount of such bonds shall not exceed two
   38  billion dollars ($2,000,000,000) excluding bonds  issued  to  refund  or
   39  otherwise  repay  bonds  heretofore  issued  for such purpose; provided,
   40  however, that upon any such refunding or repayment, the total  aggregate
   41  principal  amount  of  outstanding bonds may be greater than two billion
   42  dollars ($2,000,000,000) only if the present value of the aggregate debt
   43  service of the refunding or repayment  bonds  to  be  issued  shall  not
   44  exceed  the  present value of the aggregate debt service of the bonds to
   45  be refunded or repaid. The method for calculating present value shall be
   46  determined by law.
   47    (B) NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION OF LAW TO THE
   48  CONTRARY THE DORMITORY AUTHORITY AND THE URBAN  DEVELOPMENT  CORPORATION
   49  MAY  ALSO  ISSUE  BONDS  PURSUANT  TO ARTICLE 5-C AND ARTICLE 5-F OF THE
   50  STATE FINANCE LAW TO FINANCE SUCH SMART SCHOOLS BOND ACT  PURPOSES.  ANY
   51  BONDS ISSUED PURSUANT TO THIS AUTHORIZATION SHALL BE SUBJECT TO THE SAME
   52  AGGREGATE  PRINCIPAL  LIMITATION  CONTAINED  IN  PARAGRAPH  (A)  OF THIS
   53  SECTION, INCLUDING BONDS OF THE STATE ISSUED BY THE  STATE  COMPTROLLER,
   54  AND ARE OTHERWISE SUBJECT TO ANY AND ALL OF THE PROVISIONS APPLICABLE BY
   55  ARTICLE 5-C AND ARTICLE 5-F OF THE STATE FINANCE LAW.
       S. 2005                            74                            A. 3005
    1    S 45. Subdivisions 1 and 3 of section 1285-q of the public authorities
    2  law,  as  added by section 6 of part I of chapter 1 of the laws of 2003,
    3  are amended to read as follows:
    4    1.  Subject  to  chapter  fifty-nine  of the laws of two thousand, but
    5  notwithstanding any other provisions of law to the contrary, in order to
    6  assist the corporation in undertaking the administration and the financ-
    7  ing of hazardous waste site remediation  projects  for  payment  of  the
    8  state's  share of the costs of the remediation of hazardous waste sites,
    9  in accordance with title thirteen of article twenty-seven of  the  envi-
   10  ronmental  conservation  law  and  section  ninety-seven-b  of the state
   11  finance law, and for payment of state costs associated with the  remedi-
   12  ation  of  offsite contamination at significant threat sites as provided
   13  in section 27-1411 of the environmental conservation law, AND  BEGINNING
   14  IN  STATE  FISCAL  YEAR  TWO THOUSAND FIFTEEN - TWO THOUSAND SIXTEEN FOR
   15  ENVIRONMENTAL RESTORATION PROJECTS PURSUANT TO  TITLE  FIVE  OF  ARTICLE
   16  FIFTY-SIX  OF  THE  ENVIRONMENTAL  CONSERVATION  LAW pursuant to capital
   17  appropriations made to the department of environmental conservation, the
   18  director of the division of budget and the corporation are each  author-
   19  ized  to  enter  into one or more service contracts, none of which shall
   20  exceed twenty years in duration, upon such terms and conditions  as  the
   21  director and the corporation may agree, so as to annually provide to the
   22  corporation  in  the  aggregate,  a  sum  not  to exceed the annual debt
   23  service payments and related expenses required for any bonds  and  notes
   24  authorized  pursuant to section twelve hundred ninety of this title. Any
   25  service contract entered into pursuant to  this  section  shall  provide
   26  that  the  obligation of the state to fund or to pay the amounts therein
   27  provided for shall not constitute a debt of the state within the meaning
   28  of any constitutional or statutory provision and shall be deemed  execu-
   29  tory  only  to the extent of moneys available for such purposes, subject
   30  to annual appropriation by the legislature. Any such service contract or
   31  any payments made or to be made thereunder may be assigned  and  pledged
   32  by  the  corporation  as security for its bonds and notes, as authorized
   33  pursuant to section twelve hundred ninety of this title.
   34    3. The maximum amount of bonds that may be issued for the  purpose  of
   35  financing  hazardous  waste  site remediation projects AND ENVIRONMENTAL
   36  RESTORATION PROJECTS authorized by this section  shall  not  exceed  one
   37  billion  [two]  THREE  hundred  million dollars and shall not exceed one
   38  hundred twenty million dollars for appropriations enacted for any  state
   39  fiscal  year, provided that the bonds not issued for such appropriations
   40  may be issued pursuant to reappropriation in  subsequent  fiscal  years.
   41  [No  bonds  shall  be  issued for the repayment of any new appropriation
   42  enacted after March thirty-first, two thousand  thirteen  for  hazardous
   43  waste  site  remediation  projects  authorized by this section.] Amounts
   44  authorized to be issued by this section  shall  be  exclusive  of  bonds
   45  issued  to fund any debt service reserve funds, pay costs of issuance of
   46  such bonds, and bonds or notes issued to refund or otherwise repay bonds
   47  or notes previously issued. Such bonds  and  notes  of  the  corporation
   48  shall  not  be  a  debt  of the state, and the state shall not be liable
   49  thereon, nor shall they be payable out of any  funds  other  than  those
   50  appropriated  by  this  state  to  the  corporation for debt service and
   51  related expenses pursuant to any service contracts executed pursuant  to
   52  subdivision  one of this section, and such bonds and notes shall contain
   53  on the face thereof a statement to such effect.
   54    S 46. Subdivision 1 of section 386-a of the public authorities law, as
   55  added by section 46 of part U of chapter 59 of  the  laws  of  2012,  is
   56  amended to read as follows:
       S. 2005                            75                            A. 3005
    1    1.  Notwithstanding  any  other  provision of law to the contrary, the
    2  authority, the dormitory authority and the urban development corporation
    3  are hereby authorized to issue bonds or notes in one or more series  for
    4  the  purpose  of  assisting the metropolitan transportation authority in
    5  the  financing  of  transportation  facilities as defined in subdivision
    6  seventeen of section twelve  hundred  sixty-one  of  this  chapter.  The
    7  aggregate  principal amount of bonds authorized to be issued pursuant to
    8  this section shall not exceed ONE BILLION [seven] FIVE hundred [seventy]
    9  TWENTY  million  dollars  [($770,000,000)]  ($1,520,000,000),  excluding
   10  bonds  issued  to  fund  one  or more debt service reserve funds, to pay
   11  costs of issuance of such bonds, and to refund or otherwise  repay  such
   12  bonds or notes previously issued. Such bonds and notes of the authority,
   13  the  dormitory authority and the urban development corporation shall not
   14  be a debt of the state, and the state shall not be liable  thereon,  nor
   15  shall  they be payable out of any funds other than those appropriated by
   16  the state to the authority, the dormitory authority and the urban devel-
   17  opment corporation for principal, interest, and related expenses  pursu-
   18  ant  to a service contract and such bonds and notes shall contain on the
   19  face thereof a statement to such effect. Except for purposes of  comply-
   20  ing  with  the internal revenue code, any interest income earned on bond
   21  proceeds shall only be used to pay debt service on such bonds.
   22    S 47. This act shall take effect immediately and shall  be  deemed  to
   23  have been in full force and effect on and after April 1, 2015; provided,
   24  however,  that the provisions of sections one through eight and sections
   25  thirteen through twenty of this act shall expire March  31,  2016,  when
   26  upon such date the provisions of such sections shall be deemed repealed.
   27    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
   28  sion,  section  or  part  of  this act shall be adjudged by any court of
   29  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   30  impair,  or  invalidate  the remainder thereof, but shall be confined in
   31  its operation to the clause, sentence, paragraph,  subdivision,  section
   32  or part thereof directly involved in the controversy in which such judg-
   33  ment shall have been rendered. It is hereby declared to be the intent of
   34  the  legislature  that  this  act  would  have been enacted even if such
   35  invalid provisions had not been included herein.
   36    S 3. This act shall take effect immediately  provided,  however,  that
   37  the  applicable effective date of Parts A through P of this act shall be
   38  as specifically set forth in the last section of such Parts.