S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4205
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     March 9, 2015
                                      ___________
       Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
         when printed to be committed to the Committee on Finance
       AN ACT intentionally omitted (Part A); to amend chapter 887 of the  laws
         of  1983,  amending  the  correction law relating to the psychological
         testing of candidates, in relation to the  effectiveness  thereof;  to
         amend  chapter 428 of the laws of 1999, amending the executive law and
         the criminal procedure law relating to expanding the  geographic  area
         of employment of certain police officers, in relation to extending the
         expiration  of such chapter; to amend chapter 886 of the laws of 1972,
         amending the correction law and the penal  law  relating  to  prisoner
         furloughs  in  certain cases and the crime of absconding therefrom, in
         relation to the effectiveness thereof; to amend  chapter  261  of  the
         laws of 1987, amending chapters 50, 53 and 54 of the laws of 1987, the
         correction  law, the penal law and other chapters and laws relating to
         correctional facilities, in relation to the effectiveness thereof;  to
         amend chapter 339 of the laws of 1972, amending the correction law and
         the  penal law relating to inmate work release, furlough and leave, in
         relation to the effectiveness thereof; to amend chapter 60 of the laws
         of 1994 relating to certain provisions which impact  upon  expenditure
         of  certain  appropriations  made  by  chapter  50 of the laws of 1994
         enacting the state operations budget, in relation to the effectiveness
         thereof; to amend  chapter  3  of  the  laws  of  1995,  amending  the
         correction  law  and  other laws relating to the incarceration fee, in
         relation to extending the expiration of  certain  provisions  of  such
         chapter;  to  amend  chapter  62  of  the  laws  of 2011, amending the
         correction law and the executive law, relating to merging the  depart-
         ment  of correctional services and division of parole into the depart-
         ment of corrections and community  supervision,  in  relation  to  the
         effectiveness thereof; to amend chapter 55 of the laws of 1992, amend-
         ing the tax law and other laws relating to taxes, surcharges, fees and
         funding, in relation to extending the expiration of certain provisions
         of  such  chapter;  to amend chapter 907 of the laws of 1984, amending
         the correction law, the New York city criminal court act and the exec-
         utive law relating to prison and  jail  housing  and  alternatives  to
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD20014-01-5
       S. 4205                             2
         detention  and  incarceration  programs,  in relation to extending the
         expiration of certain provisions of such chapter; to amend chapter 166
         of the laws of 1991, amending the tax law and other laws  relating  to
         taxes,  in  relation to extending the expiration of certain provisions
         of such chapter; to amend the vehicle and traffic law, in relation  to
         extending the expiration of the mandatory surcharge and victim assist-
         ance fee; to amend chapter 713 of the laws of 1988, amending the vehi-
         cle and traffic law relating to the ignition interlock device program,
         in  relation to extending the expiration thereof; to amend chapter 435
         of the laws of 1997, amending the military law and other laws relating
         to various provisions, in relation to extending the expiration date of
         the merit provisions of the correction law and the penal law  of  such
         chapter;  to amend chapter 412 of the laws of 1999, amending the civil
         practice law and rules and the court of claims act relating to prison-
         er litigation reform, in relation to extending the expiration  of  the
         inmate  filing  fee provisions of the civil practice law and rules and
         general filing fee provision and  inmate  property  claims  exhaustion
         requirement of the court of claims act of such chapter; to amend chap-
         ter  222  of  the  laws of 1994 constituting the family protection and
         domestic violence intervention act of 1994, in relation  to  extending
         the  expiration  of  certain  provisions of the criminal procedure law
         requiring the arrest of certain persons engaged in family violence; to
         amend chapter 505 of the laws of 1985, amending the criminal procedure
         law relating to the use of closed-circuit television and other protec-
         tive measures for certain child witnesses, in  relation  to  extending
         the  expiration  of  the provisions thereof; to amend chapter 3 of the
         laws of 1995, enacting the sentencing reform act of 1995, in  relation
         to  extending the expiration of certain provisions of such chapter; to
         amend chapter 689 of the laws of 1993 amending the criminal  procedure
         law  relating  to  electronic court appearance in certain counties, in
         relation to extending the expiration thereof; to amend chapter 688  of
         the  laws of 2003, amending the executive law relating to enacting the
         interstate compact for adult offender supervision, in relation to  the
         effectiveness  thereof;  to  amend part H of chapter 56 of the laws of
         2009, amending the correction law relating to limiting the closing  of
         certain  correctional  facilities,  providing  for  the custody by the
         department  of  correctional  services  of  inmates  serving  definite
         sentences,  providing  for  custody of federal prisoners and requiring
         the closing of certain correctional facilities,  in  relation  to  the
         effectiveness  of  such chapter; to amend part C of chapter 152 of the
         laws of 2001, amending the military law relating to military funds  of
         the  organized  militia,  in relation to the effectiveness thereof; to
         amend chapter 554 of the laws of 1986 amending the correction law  and
         the penal law relating to providing for community treatment facilities
         and  establishing the crime of absconding from the community treatment
         facility, in relation to the effectiveness thereof; and to amend chap-
         ter 503 of the laws of 2009, relating to  the  disposition  of  monies
         recovered by county district attorneys before the filing of an accusa-
         tory  instrument,  in  relation to the effectiveness thereof (Part B);
         relating to transferring certain employees of the  division  of  state
         police  to the office of general services (Part C); to amend the work-
         ers' compensation law, in relation to eliminating certain  arbitration
         and  license  fees;  and  to repeal paragraph (c) of subdivision 1 and
         subparagraph (iii) of paragraph (b) of subdivision 3 of  section  13-c
         of  the  workers' compensation law relating to payment of license fees
         (Part D); intentionally omitted (Part E); intentionally omitted  (Part
       S. 4205                             3
         F); intentionally omitted (Part G); to amend the civil service law, in
         relation  to  the salary grades for positions in the competitive, non-
         competitive and labor classes designated managerial  or  confidential;
         to  amend  the  correction law, in relation to the salary schedule for
         superintendents of correctional facilities; and  to  provide  for  the
         compensation  of certain state officers and employees (Part H); inten-
         tionally omitted (Part I); to amend the civil service law, in relation
         to auditing enrollee information in the New York State  Health  Insur-
         ance  Program  (Part  J);  to amend the retirement and social security
         law, in relation to  requiring  pension  system  reporting  (Part  K);
         intentionally  omitted  (Part  L); to amend chapter 674 of the laws of
         1993, amending the public buildings law relating to value  limitations
         on  contracts, in relation to extending the effectiveness thereof; and
         to amend the public buildings law, in relation to increasing the value
         of financing; amends limitation to one million  dollars  on  emergency
         contracts  (Part M); to amend the public buildings law, in relation to
         increasing the threshold of small capital projects  delegated  by  the
         office of general services to one hundred fifty thousand dollars (Part
         N);  intentionally omitted (Part O); to provide for the administration
         of certain funds and accounts related to the 2014-15 budget, authoriz-
         ing certain payments and transfers; to amend the state finance law, in
         relation to school tax relief fund; to amend the state finance law, in
         relation to payments, transfers  and  deposits;  to  amend  the  state
         finance  law, in relation to the issuance of bonds and notes; to amend
         the New York state urban development corporation act, in  relation  to
         funding  project  costs for certain capital projects; to amend chapter
         389 of the laws of 1997, relating to the financing of the correctional
         facilities improvement fund and the youth facility  improvement  fund,
         in  relation  to  the  issuance of bonds; to amend the private housing
         finance law, in relation to housing program bonds and notes; to  amend
         chapter  329  of  the laws of 1991, amending the state finance law and
         other laws relating to the establishment of the dedicated highway  and
         bridge  trust fund, in relation to the issuance of bonds; to amend the
         public authorities law, in relation to  the  dormitory  authority;  to
         amend chapter 61 of the laws of 2005, providing for the administration
         of  certain  funds  and  accounts  related to the 2005-2006 budget, in
         relation to issuance of bonds by the urban development corporation; to
         amend the  New  York  state  urban  development  corporation  act,  in
         relation to funding project costs for the Binghamton university school
         of  pharmacy,  New  York power electronic manufacturing consortium and
         the nonprofit infrastructure capital investment program; to amend  the
         public authorities law, in relation to the state environmental infras-
         tructure  projects;  to  amend  the  New  York state urban development
         corporation act, in relation  to  authorizing  the  urban  development
         corporation  to  issue bonds to fund project costs for the implementa-
         tion of a NY-CUNY challenge grant program; to amend chapter 81 of  the
         laws  of  2002,  providing for the administration of certain funds and
         accounts related to the 2002-2003 budget, in  relation  to  increasing
         the aggregate amount of bonds to be issued by the New York state urban
         development  corporation;  to  amend  the  public  authorities law, in
         relation to dormitories at certain educational institutions other than
         state operated institutions and statutory or contract  colleges  under
         the  jurisdiction  of  the  state university of New York; to amend the
         public authorities law, in relation to authorization for the  issuance
         of  bonds  for  the capital restructuring bond finance program and the
         health care facility transformation program; to amend chapter  389  of
       S. 4205                             4
         the laws of 1997, relating to the financing of the correctional facil-
         ities  improvement  fund  and  the youth facility improvement fund, in
         relation to the issuance of bonds; to amend the New York state medical
         care  facilities  finance  agency act, in relation to bonds and mental
         health facilities improvement notes; to amend chapter 174 of the  laws
         of 1968, constituting the New York state urban development corporation
         act,  in  relation  to the aggregate amount of and issuance of certain
         bonds; and to amend chapter 63 of the laws of 2005,  relating  to  the
         composition  and  responsibilities of the New York state higher educa-
         tion capital matching grant  board,  in  relation  to  increasing  the
         amount  of  authorized  matching  capital  grants;  to amend the smart
         schools bond act of 2014, in relation to the issuance  of  bonds;  and
         providing for the repeal of certain provisions upon expiration thereof
         (Part  P);  to amend the penal law and the correction law, in relation
         to enacting the "Domestic Violence Protection Act  -  Brittany's  Law"
         (Part  Q);  to amend the penal law, in relation to creating a presump-
         tion of intent to sell (Part R); to amend the civil practice  law  and
         rules,  in  relation  to forfeiture allocations (Part S); to amend the
         retirement and social security law, in relation to providing credit to
         members of  public  retirement  systems  of  the  state  for  military
         service;  and  making an appropriation therefor (Part T); to amend the
         executive law, in relation to a cyber security  report  (Part  U);  to
         amend  the  executive  law, in relation to a cyber security initiative
         (Part V); to amend the executive law, in  relation  to  monthly  claim
         reports  for  certain  disaster  assistance  (Part  W);  to  amend the
         correction law, in relation to the commissioner of the  department  of
         corrections  and community supervison's power to permanently terminate
         the conjugal visit program, referred to as the family reunion  program
         (Part X); to amend the state finance law, in relation to certain muni-
         cipalities  receiving  state  aid (Part Y); to amend the state finance
         law, in relation to the tribal-state compact revenue account  and  the
         Salamanca  City Central School District (Part Z); to amend the retire-
         ment and social security law and the civil service law, in relation to
         university police officers appointed by the state  university  of  New
         York (Part AA); to amend the executive law, in relation to the requir-
         ing  the office of indigent legal services to develop a plan to ensure
         adequate representation of eligible defendants (Part BB); to amend the
         county law, in relation to  annual  reports  for  regional  specialist
         programs  (Part CC); to amend the public officers law, the legislative
         law, the state finance law, the election law and  the  retirement  and
         social  security law, in relation to qualifications for holding office
         (Part DD); to amend the administrative code of the city of  New  York,
         the retirement and social security law, and the general municipal law,
         in relation to the disability benefits of members of the New York city
         police  and fire pension funds; and to amend the retirement and social
         security law, in relation to performance of duty disability retirement
         for ambulance medical technician supervisors, ambulance medical  tech-
         nician   coordinators,   ambulance  medical  technicians,  chief  fire
         marshals, assistant chief fire  marshals,  division  supervising  fire
         marshals,  fire  marshals  and  fire marshal trainees in Nassau county
         (Part EE); to amend the civil service law, in relation to  authorizing
         the  president  of  the  state  civil  service  commission to purchase
         contracts relating to health benefits (Part  FF);  and  to  amend  the
         workers' compensation law and the insurance law, in relation to estab-
         lishing family care benefits (Part GG)
       S. 4205                             5
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  This  act enacts into law major components of legislation
    2  which are necessary to implement the state fiscal plan for the 2015-2016
    3  state fiscal year. Each component is  wholly  contained  within  a  Part
    4  identified as Parts A through GG. The effective date for each particular
    5  provision contained within such Part is set forth in the last section of
    6  such Part. Any provision in any section contained within a Part, includ-
    7  ing the effective date of the Part, which makes a reference to a section
    8  "of  this  act", when used in connection with that particular component,
    9  shall be deemed to mean and refer to the corresponding  section  of  the
   10  Part  in  which  it  is  found. Section three of this act sets forth the
   11  general effective date of this act.
   12                                   PART A
   13                            Intentionally Omitted
   14                                   PART B
   15    Section 1. Section 2 of chapter 887 of the laws of 1983, amending  the
   16  correction  law  relating to the psychological testing of candidates, as
   17  amended by section 1 of part E of chapter 55 of the  laws  of  2013,  is
   18  amended to read as follows:
   19    S 2. This act shall take effect on the one hundred eightieth day after
   20  it shall have become a law and shall remain in effect until September 1,
   21  [2015] 2017.
   22    S 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
   23  tive  law  and  the  criminal  procedure  law  relating to expanding the
   24  geographic area of employment of certain police officers, as amended  by
   25  section  2  of  part  E of chapter 55 of the laws of 2013, is amended to
   26  read as follows:
   27    S 3. This act shall take effect on the  first  day  of  November  next
   28  succeeding  the  date  on  which  it  shall have become a law, and shall
   29  remain in effect until the first day of September, [2015] 2017, when  it
   30  shall expire and be deemed repealed.
   31    S  3.  Section  3  of  chapter  886  of the laws of 1972, amending the
   32  correction law and the penal  law  relating  to  prisoner  furloughs  in
   33  certain  cases  and  the  crime  of  absconding therefrom, as amended by
   34  section 3 of part E of chapter 55 of the laws of  2013,  is  amended  to
   35  read as follows:
   36    S  3.  This act shall take effect 60 days after it shall have become a
   37  law and shall remain in effect until September 1, [2015] 2017.
   38    S 4. Section 20 of chapter 261 of the laws of 1987, amending  chapters
   39  50, 53 and 54 of the laws of 1987, the correction law, the penal law and
   40  other  chapters and laws relating to correctional facilities, as amended
   41  by section 4 of part E of chapter 55 of the laws of 2013, is amended  to
   42  read as follows:
   43    S 20. This act shall take effect immediately except that section thir-
   44  teen  of  this  act shall expire and be of no further force or effect on
   45  and after September 1, [2015]  2017  and  shall  not  apply  to  persons
   46  committed to the custody of the department after such date, and provided
   47  further that the commissioner of [correctional services] CORRECTIONS AND
   48  COMMUNITY  SUPERVISION  shall  report  each January first and July first
       S. 4205                             6
    1  during such time as the earned eligibility program is in effect, to  the
    2  chairmen  of  the  senate crime victims, crime and correction committee,
    3  the senate codes committee, the assembly correction committee,  and  the
    4  assembly codes committee, the standards in effect for earned eligibility
    5  during  the prior six-month period, the number of inmates subject to the
    6  provisions of earned  eligibility,  the  number  who  actually  received
    7  certificates  of  earned  eligibility  during  that  period of time, the
    8  number of inmates with certificates who are granted  parole  upon  their
    9  first  consideration  for  parole,  the number with certificates who are
   10  denied parole upon their first consideration, and the number of individ-
   11  uals granted and denied parole  who  did  not  have  earned  eligibility
   12  certificates.
   13    S 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
   14  amending  the tax law and other laws relating to taxes, surcharges, fees
   15  and funding, as amended by section 5 of part E of chapter 55 of the laws
   16  of 2013, is amended to read as follows:
   17    (q) the provisions of section two  hundred  eighty-four  of  this  act
   18  shall  remain in effect until September 1, [2015] 2017 and be applicable
   19  to all persons entering the program on or before August 31, [2015] 2017.
   20    S 6. Section 10 of chapter 339 of  the  laws  of  1972,  amending  the
   21  correction  law  and  the  penal  law  relating  to inmate work release,
   22  furlough and leave, as amended by section 6 of part E of chapter  55  of
   23  the laws of 2013, is amended to read as follows:
   24    S  10. This act shall take effect 30 days after it shall have become a
   25  law and shall remain in effect  until  September  1,  [2015]  2017,  and
   26  provided  further  that  the commissioner of correctional services shall
   27  report each January first, and July first, to the chairman of the senate
   28  crime victims, crime and correction committee, the senate codes  commit-
   29  tee,  the  assembly correction committee, and the assembly codes commit-
   30  tee, the number of eligible inmates in each facility under  the  custody
   31  and  control  of  the commissioner who have applied for participation in
   32  any program offered under the provisions of work release,  furlough,  or
   33  leave, and the number of such inmates who have been approved for partic-
   34  ipation.
   35    S  7.  Subdivision (c) of section 46 of chapter 60 of the laws of 1994
   36  relating to certain provisions which impact upon expenditure of  certain
   37  appropriations made by chapter 50 of the laws of 1994 enacting the state
   38  operations  budget,  as  amended by section 7 of part E of chapter 55 of
   39  the laws of 2013, is amended to read as follows:
   40    (c) sections forty-one and forty-two of this act shall expire  Septem-
   41  ber  1,  [2015] 2017; provided, that the provisions of section forty-two
   42  of this act shall apply to inmates entering the work release program  on
   43  or after such effective date; and
   44    S  8.    Subdivision h of section 74 of chapter 3 of the laws of 1995,
   45  amending the correction law and other laws relating to the incarceration
   46  fee, as amended by section 8 of part E of chapter  55  of  the  laws  of
   47  2013, is amended to read as follows:
   48    h.  Section fifty-two of this act shall be deemed to have been in full
   49  force and effect on and after April 1, 1995; provided, however, that the
   50  provisions of section 189 of the correction law, as amended  by  section
   51  fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
   52  as  amended by section fifty-six of this act, and section fifty-seven of
   53  this act shall expire September 1, [2015] 2017, when upon such date  the
   54  amendments  to  the correction law and penal law made by sections fifty-
   55  five and fifty-six of this act shall revert to and be  read  as  if  the
   56  provisions  of  this  act  had not been enacted; provided, however, that
       S. 4205                             7
    1  sections sixty-two, sixty-three and sixty-four  of  this  act  shall  be
    2  deemed  to have been in full force and effect on and after March 1, 1995
    3  and shall be deemed repealed April  1,  1996  and  upon  such  date  the
    4  provisions  of  subsection  (e) of section 9110 of the insurance law and
    5  subdivision 2 of section 89-d of the state finance law shall  revert  to
    6  and  be  read  as  set  out in law on the date immediately preceding the
    7  effective date of sections sixty-two and sixty-three of this act;
    8    S 9. Subdivision (c) of section 49 of subpart A of part C  of  chapter
    9  62  of  the  laws  of 2011 amending the correction law and the executive
   10  law, relating to merging the department  of  correctional  services  and
   11  division  of  parole  into  the  department of corrections and community
   12  supervision, as amended by section 9 of part E of chapter 55 of the laws
   13  of 2013, is amended to read as follows:
   14    (c) that the amendments  to  subdivision  9  of  section  201  of  the
   15  correction  law  as added by section thirty-two of this act shall remain
   16  in effect until September 1, [2015] 2017, when it shall  expire  and  be
   17  deemed repealed;
   18    S  10.  Subdivision  (aa)  of section 427 of chapter 55 of the laws of
   19  1992, amending the tax law and other laws relating to taxes, surcharges,
   20  fees and funding, as amended by section 10 of part E of  chapter  55  of
   21  the laws of 2013, is amended to read as follows:
   22    (aa)  the  provisions  of  sections  three  hundred  eighty-two, three
   23  hundred eighty-three and three hundred eighty-four  of  this  act  shall
   24  expire on September 1, [2015] 2017;
   25    S  11.  Section  12  of  chapter 907 of the laws of 1984, amending the
   26  correction law, the New York city criminal court act and  the  executive
   27  law  relating  to  prison and jail housing and alternatives to detention
   28  and incarceration programs, as amended by section 11 of part E of  chap-
   29  ter 55 of the laws of 2013, is amended to read as follows:
   30    S  12.  This  act  shall  take  effect  immediately,  except  that the
   31  provisions of sections one through ten of this act shall remain in  full
   32  force  and  effect  until  September  1, [2015] 2017 on which date those
   33  provisions shall be deemed to be repealed.
   34    S 12.  Subdivision (p) of section 406 of chapter 166 of  the  laws  of
   35  1991,  amending the tax law and other laws relating to taxes, as amended
   36  by section 12 of part E of chapter 55 of the laws of 2013, is amended to
   37  read as follows:
   38    (p) The amendments to section 1809 of the vehicle and traffic law made
   39  by sections three hundred thirty-seven and three hundred thirty-eight of
   40  this act shall not apply to any offense committed prior to  such  effec-
   41  tive  date;  provided,  further, that section three hundred forty-one of
   42  this act shall take effect immediately and shall expire November 1, 1993
   43  at which time it  shall  be  deemed  repealed;  sections  three  hundred
   44  forty-five  and  three  hundred  forty-six of this act shall take effect
   45  July 1, 1991; sections three hundred fifty-five,  three  hundred  fifty-
   46  six,  three hundred fifty-seven and three hundred fifty-nine of this act
   47  shall take effect immediately and shall expire June 30, 1995  and  shall
   48  revert to and be read as if this act had not been enacted; section three
   49  hundred  fifty-eight of this act shall take effect immediately and shall
   50  expire June 30, 1998 and shall revert to and be read as if this act  had
   51  not been enacted; section three hundred sixty-four through three hundred
   52  sixty-seven  of  this  act  shall apply to claims filed on or after such
   53  effective date; sections three hundred sixty-nine, three hundred  seven-
   54  ty-two,  three  hundred seventy-three, three hundred seventy-four, three
   55  hundred seventy-five and three hundred seventy-six  of  this  act  shall
   56  remain  in  effect  until  September  1, [2015] 2017, at which time they
       S. 4205                             8
    1  shall  be  deemed  repealed;  provided,  however,  that  the   mandatory
    2  surcharge  provided  in  section  three hundred seventy-four of this act
    3  shall apply to parking violations occurring on or after  said  effective
    4  date;  and  provided  further that the amendments made to section 235 of
    5  the vehicle and traffic law by section three hundred seventy-two of this
    6  act, the amendments made to section 1809 of the vehicle and traffic  law
    7  by sections three hundred thirty-seven and three hundred thirty-eight of
    8  this  act  and  the amendments made to section 215-a of the labor law by
    9  section three hundred seventy-five of this act shall expire on September
   10  1, [2015] 2017 and upon such date the provisions  of  such  subdivisions
   11  and  sections  shall  revert to and be read as if the provisions of this
   12  act had not been enacted; the amendments to  subdivisions  2  and  3  of
   13  section  400.05 of the penal law made by sections three hundred seventy-
   14  seven and three hundred seventy-eight of this act shall expire  on  July
   15  1,  1992  and  upon  such date the provisions of such subdivisions shall
   16  revert and shall be read as if the provisions of this act had  not  been
   17  enacted;  the  state board of law examiners shall take such action as is
   18  necessary to assure that all applicants for examination for admission to
   19  practice as an attorney and counsellor at law shall  pay  the  increased
   20  examination fee provided for by the amendment made to section 465 of the
   21  judiciary  law by section three hundred eighty of this act for any exam-
   22  ination given on or after the effective date of this act notwithstanding
   23  that an applicant for such examination may have prepaid a lesser fee for
   24  such examination as required by the provisions of such section 465 as of
   25  the date prior to the effective date of  this  act;  the  provisions  of
   26  section  306-a  of  the civil practice law and rules as added by section
   27  three hundred eighty-one of this act shall apply to all actions  pending
   28  on  or  commenced on or after September 1, 1991, provided, however, that
   29  for the purposes of this section service of such summons made  prior  to
   30  such  date  shall be deemed to have been completed on September 1, 1991;
   31  the provisions of section three hundred eighty-three of this  act  shall
   32  apply  to  all  money  deposited  in  connection  with  a cash bail or a
   33  partially secured bail bond on or after such  effective  date;  and  the
   34  provisions  of  sections  three  hundred  eighty-four  and three hundred
   35  eighty-five of this act shall  apply  only  to  jury  service  commenced
   36  during  a judicial term beginning on or after the effective date of this
   37  act; provided, however, that nothing contained herein shall be deemed to
   38  affect the application,  qualification,  expiration  or  repeal  of  any
   39  provision  of law amended by any section of this act and such provisions
   40  shall be applied or qualified or shall expire or be deemed  repealed  in
   41  the same manner, to the same extent and on the same date as the case may
   42  be as otherwise provided by law;
   43    S 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
   44  amended  by  section  13 of part E of chapter 55 of the laws of 2013, is
   45  amended to read as follows:
   46    8. The provisions of this section shall only apply to offenses commit-
   47  ted on or before September first, two thousand [fifteen] SEVENTEEN.
   48    S 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
   49  cle and traffic law relating to the ignition interlock  device  program,
   50  as amended by section 14 of part E of chapter 55 of the laws of 2013, is
   51  amended to read as follows:
   52    S  6.  This  act  shall  take  effect  on  the first day of April next
   53  succeeding the date on which it  shall  have  become  a  law;  provided,
   54  however,  that  effective immediately, the addition, amendment or repeal
   55  of any rule or regulation necessary for the implementation of the  fore-
   56  going  sections  of  this  act on their effective date is authorized and
       S. 4205                             9
    1  directed to be made and completed on or before such effective  date  and
    2  shall  remain in full force and effect until the first day of September,
    3  [2015] 2017 when upon such date the provisions  of  this  act  shall  be
    4  deemed repealed.
    5    S 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
    6  laws of 1997, amending the military law and other laws relating to vari-
    7  ous  provisions, as amended by section 15 of part E of chapter 55 of the
    8  laws of 2013, is amended to read as follows:
    9    a. sections forty-three through forty-five of this  act  shall  expire
   10  and be deemed repealed on September 1, [2015] 2017;
   11    S 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
   12  the civil practice law and rules and the court of claims act relating to
   13  prisoner  litigation reform, as amended by section 16 of part E of chap-
   14  ter 55 of the laws of 2013, is amended to read as follows:
   15    S 4. This act shall take effect 120 days after it shall have become  a
   16  law  and shall remain in full force and effect until September 1, [2015]
   17  2017, when upon such date it shall expire.
   18    S 17. Subdivision 2 of section 59 of chapter 222 of the laws of  1994,
   19  constituting  the  family  protection and domestic violence intervention
   20  act of 1994, as amended by section 17 of part E of  chapter  55  of  the
   21  laws of 2013, is amended to read as follows:
   22    2.  Subdivision  4  of section 140.10 of the criminal procedure law as
   23  added by section thirty-two of this act shall  take  effect  January  1,
   24  1996  and  shall  expire  and  be deemed repealed on September 1, [2015]
   25  2017.
   26    S 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
   27  inal procedure law relating to the use of closed-circuit television  and
   28  other  protective  measures  for  certain child witnesses, as amended by
   29  section 18 of part E of chapter 55 of the laws of 2013,  is  amended  to
   30  read as follows:
   31    S  5.  This  act  shall take effect immediately and shall apply to all
   32  criminal actions and proceedings commenced prior to the  effective  date
   33  of  this  act  but  still  pending  on such date as well as all criminal
   34  actions and proceedings commenced on or after such  effective  date  and
   35  its provisions shall expire on  September 1, [2015] 2017, when upon such
   36  date the provisions of this act shall be deemed repealed.
   37    S  19.  Subdivision  d of section 74 of chapter 3 of the laws of 1995,
   38  enacting the sentencing reform act of 1995, as amended by section 19  of
   39  part E of chapter 55 of the laws of 2013, is amended to read as follows:
   40    d.  Sections  one-a  through twenty, twenty-four through twenty-eight,
   41  thirty through thirty-nine, forty-two and forty-four of this  act  shall
   42  be deemed repealed on September 1, [2015] 2017;
   43    S 20. Section 2 of chapter 689 of the laws of 1993 amending the crimi-
   44  nal  procedure  law  relating  to electronic court appearance in certain
   45  counties, as amended by section 20 of part E of chapter 55 of  the  laws
   46  of 2013, is amended to read as follows:
   47    S  2.  This  act  shall  take  effect  immediately,  except  that  the
   48  provisions of this act shall be deemed to have been in  full  force  and
   49  effect  since  July  1, 1992 and the provisions of this act shall expire
   50  September 1, [2015] 2017 when upon such date the provisions of this  act
   51  shall be deemed repealed.
   52    S 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
   53  utive law relating to enacting the interstate compact for adult offender
   54  supervision,  as  amended  by  section 21 of part E of chapter 55 of the
   55  laws of 2013, is amended to read as follows:
       S. 4205                            10
    1    S 3. This act shall take effect immediately, except that  section  one
    2  of  this  act  shall take effect on the first of January next succeeding
    3  the date on which it shall have become a law, and shall remain in effect
    4  until the first of September, [2015] 2017,  upon  which  date  this  act
    5  shall  be deemed repealed and have no further force and effect; provided
    6  that section one of this act shall only take effect with respect to  any
    7  compacting  state  which  has  enacted  an  interstate  compact entitled
    8  "Interstate compact for adult offender supervision" and having an  iden-
    9  tical  effect  to  that  added  by  section one of this act and provided
   10  further that with respect to any such compacting state, upon the  effec-
   11  tive date of section one of this act, section 259-m of the executive law
   12  is  hereby  deemed  REPEALED and section 259-mm of the executive law, as
   13  added by section one of  this  act,  shall  take  effect;  and  provided
   14  further  that  with respect to any state which has not enacted an inter-
   15  state compact entitled "Interstate compact  for  adult  offender  super-
   16  vision"  and  having an identical effect to that added by section one of
   17  this act, section 259-m of the executive law shall take effect  and  the
   18  provisions  of  section one of this act, with respect to any such state,
   19  shall have no force or effect until such time as such state shall  adopt
   20  an  interstate  compact  entitled "Interstate compact for adult offender
   21  supervision" and having an identical effect to that added by section one
   22  of this act in which case, with respect to such state,  effective  imme-
   23  diately,  section  259-m  of  the  executive  law is deemed repealed and
   24  section 259-mm of the executive law, as added by  section  one  of  this
   25  act, shall take effect.
   26    S  22. Section 8 of part H of chapter 56 of the laws of 2009, amending
   27  the correction law relating to limiting the closing of  certain  correc-
   28  tional  facilities,  providing  for  the  custody  by  the department of
   29  correctional services of inmates serving definite  sentences,  providing
   30  for  custody  of  federal prisoners and requiring the closing of certain
   31  correctional facilities, as amended by section 22 of part E  of  chapter
   32  55 of the laws of 2013, is amended to read as follows:
   33    S  8.  This  act shall take effect immediately; provided, however that
   34  sections five and six of this act shall expire and  be  deemed  repealed
   35  September 1, [2015] 2017.
   36    S  23. Section 3 of part C of chapter 152 of the laws of 2001 amending
   37  the military law relating to military funds of the organized militia, as
   38  amended by section 23 of part E of chapter 55 of the laws  of  2013,  is
   39  amended to read as follows:
   40    S  3.  This act shall take effect on the same date as the reversion of
   41  subdivision 5 of section 183 and subdivision 1 of  section  221  of  the
   42  military  law  as  provided  by section 76 of chapter 435 of the laws of
   43  1997, as amended by section 1 of chapter 19 of the laws of 1999 notwith-
   44  standing this act shall be deemed to have been in full force and  effect
   45  on  and  after  July  31, 2005 and shall remain in full force and effect
   46  until September 1, [2015] 2017  when  upon  such  date  this  act  shall
   47  expire.
   48    S  24.  Section  5  of  chapter  554 of the laws of 1986, amending the
   49  correction law and the penal law relating  to  providing  for  community
   50  treatment  facilities  and establishing the crime of absconding from the
   51  community treatment facility, as amended by section  24  of  part  E  of
   52  chapter 55 of the laws of 2013, is amended to read as follows:
   53    S  5.  This act shall take effect immediately and shall remain in full
   54  force and effect until September 1, [2015] 2017,  and  provided  further
   55  that the commissioner of correctional services shall report each January
   56  first  and July first during such time as this legislation is in effect,
       S. 4205                            11
    1  to the chairmen of  the  senate  crime  victims,  crime  and  correction
    2  committee,  the  senate codes committee, the assembly correction commit-
    3  tee, and the assembly codes committee, the number of individuals who are
    4  released to community treatment facilities during the previous six-month
    5  period,  including  the  total number for each date at each facility who
    6  are not residing within the facility, but who are required to report  to
    7  the facility on a daily or less frequent basis.
    8    S  25.  Sections  1 and 2 of part H of chapter 503 of the laws of 2009
    9  relating to the disposition  of  monies  recovered  by  county  district
   10  attorneys  before  the  filing of an accusatory instrument, section 1 as
   11  amended by section 1 of part B of chapter 57 of the  laws  of  2011  and
   12  section 2 as amended by section 1 of part C of chapter 55 of the laws of
   13  2014, are amended to read as follows:
   14    Section  1.  When  a county district attorney of a county located in a
   15  city of one million or more recovers monies  before  the  filing  of  an
   16  accusatory instrument as defined in subdivision 1 of section 1.20 of the
   17  criminal  procedure  law,  after injured parties have been appropriately
   18  compensated, the district attorney's office shall retain a percentage of
   19  the remaining such monies in recognition that such monies were recovered
   20  as a result of investigations undertaken  by  such  office.    For  each
   21  recovery  the  total  amount of such monies to be retained by the county
   22  district attorney's office shall equal ten percent of the first  twenty-
   23  five  million  dollars  received by such office, plus seven and one-half
   24  percent of such monies received by such office in excess of  twenty-five
   25  million  dollars  but less than fifty million dollars, plus five percent
   26  of any such monies received by such office in excess  of  fifty  million
   27  dollars  but  less than one hundred million dollars, plus one percent of
   28  such monies received by such office in excess  of  one  hundred  million
   29  dollars.    The  remainder  of such monies shall be paid by the district
   30  attorney's office to the state and to the county in equal amounts within
   31  thirty days of receipt, where disposition of such monies is  not  other-
   32  wise  prescribed by law.  Monies distributed to a county district attor-
   33  ney's office pursuant to this section  shall  be  used  to  enhance  law
   34  enforcement efforts WITHIN THE STATE.
   35    S  2.  This act shall take effect immediately and shall remain in full
   36  force and effect until March 31, [2015] 2016, when it shall  expire  and
   37  be deemed repealed.
   38    S  26.  This  act shall take effect immediately, provided however that
   39  section twenty-five of this act shall be deemed to  have  been  in  full
   40  force  and effect on and after March 31, 2015; and provided further that
   41  the amendments to section 1 of part H of chapter 503 of the laws of 2009
   42  made by section twenty-five of this act shall not affect the  repeal  of
   43  such section and shall be deemed repealed therewith.
   44                                   PART C
   45    Section  1. Employees of the division of state police in the unclassi-
   46  fied service of the state, who are substantially engaged in the perform-
   47  ance of duties to support business and financial  services,  administra-
   48  tive  services,  payroll  administration,  time  and attendance, benefit
   49  administration, and other transactional human resources  functions,  may
   50  be  transferred to the office of general services in accordance with the
   51  provisions of section 45 of the civil service law as if  the  state  had
   52  taken  over a private entity. No employee who is transferred pursuant to
   53  this act shall suffer a reduction in basic annual salary as a result  of
   54  the transfer.
       S. 4205                            12
    1    S 2. This act shall take effect immediately.
    2                                   PART D
    3    Section 1. Paragraph (c) of subdivision 1 of section 13-c of the work-
    4  ers' compensation law is REPEALED.
    5    S  2.  Subparagraph (iii) of paragraph (b) of subdivision 3 of section
    6  13-c of the workers' compensation law is REPEALED.
    7    S 3. Subdivision 4 of section 13-g of the workers'  compensation  law,
    8  as amended by section 4 of part GG of chapter 57 of the laws of 2013, is
    9  amended to read as follows:
   10    (4)  A provider initiating an arbitration, including a single arbitra-
   11  tor process, pursuant to this section shall NOT pay a fee [as determined
   12  by regulations promulgated by the chair, to be used] to cover the  costs
   13  related to the conduct of such arbitration. [Upon resolution in favor of
   14  such  party,  the  amount  due, based upon the bill in dispute, shall be
   15  increased by the amount of the fee paid by such party. Where  a  partial
   16  award  is made, the amount due, based upon the bill in dispute, shall be
   17  increased by a part of such fee.] Each member of an arbitration  commit-
   18  tee  for  medical bills, and each member of an arbitration committee for
   19  hospital bills shall be entitled to receive and shall be paid a fee  for
   20  each  day's  attendance at an arbitration session in any one count in an
   21  amount fixed by the chair of the workers' compensation board.
   22    S 4. Paragraph (b) of subdivision 3-b of section 50  of  the  workers'
   23  compensation  law,  as  amended  by  chapter 139 of the laws of 2008, is
   24  amended to read as follows:
   25    (b) The board, in its rules, may provide for the issuance of  licenses
   26  to  persons,  firms  or  corporations,  upon such proof of character and
   27  fitness as it may deem necessary, [and may provide for a license fee  in
   28  an  amount  not  exceeding  one  hundred  dollars  a year, and an annual
   29  authorization fee in an amount not exceeding five hundred dollars a year
   30  for each designated representative] WITHOUT ANNUAL LICENSE FEE, and  for
   31  the  giving  of  a  bond running to the people of the state of New York,
   32  conditioned upon the faithful performance of all duties required of such
   33  person, firm or corporation, and in an amount to be fixed by  the  board
   34  in  its  rules.  Such bond shall be approved by the board as to form and
   35  sufficiency and shall be filed with it. [All license  and  authorization
   36  fees  collected  under the provisions of this section shall be paid into
   37  the state treasury.]
   38    S 5. Paragraph (e) of subdivision 7 of section 13-m  of  the  workers'
   39  compensation  law,  as  amended by section 7 of part GG of chapter 57 of
   40  the laws of 2013, is amended to read as follows:
   41    (e) A provider initiating an arbitration, including a single  arbitra-
   42  tor  process,  pursuant  to  this section shall NOT BE REQUIRED TO pay a
   43  fee[, as determined by regulations promulgated by the chair, to be used]
   44  to cover the costs related to the conduct  of  such  arbitration.  [Upon
   45  resolution  in  favor of such party, the amount due, based upon the bill
   46  in dispute, shall be increased by the amount of the  fee  paid  by  such
   47  party.  Where  a  partial  award is made, the amount due, based upon the
   48  bill in dispute, shall be increased by a part of such fee.]
   49    S 6. Paragraph (e) of subdivision 6 of section 13-1  of  the  workers'
   50  compensation  law,  as  amended by section 6 of part GG of chapter 57 of
   51  the laws of 2013, is amended to read as follows:
   52    (e) A provider initiating an arbitration, including a single  arbitra-
   53  tor  process,  pursuant  to this section shall NOT pay a fee[, as deter-
   54  mined by regulations promulgated by the chair, to be used] to cover  the
       S. 4205                            13
    1  costs  related  to  the conduct of such arbitration. [Upon resolution in
    2  favor of such party, the amount due, based upon  the  bill  in  dispute,
    3  shall  be increased by the amount of the fee paid by such party. Where a
    4  partial  award  is made, the amount due, based upon the bill in dispute,
    5  shall be increased by a part of such fee.]
    6    S 7. Paragraph (e) of subdivision 6 of section 13-k  of  the  workers'
    7  compensation  law,  as  amended by section 5 of part GG of chapter 57 of
    8  the laws of 2013, is amended to read as follows:
    9    (e) A provider initiating an arbitration,  including  a  single  arbi-
   10  tration process, pursuant to this section shall NOT BE REQUIRED TO pay a
   11  fee[,  as determined by regulations promulgated by the chair, to be used
   12  to cover the costs] related to the conduct of  such  arbitration.  [Upon
   13  resolution  in  favor of such party, the amount due, based upon the bill
   14  in dispute, shall be increased by the amount of the  fee  paid  by  such
   15  party.  Where  a  partial  award is made, the amount due, based upon the
   16  bill in dispute shall be increased by a part of such fee.]  Each  member
   17  of  the  arbitration committee shall be entitled to receive and shall be
   18  paid a fee for each day's attendance at an  arbitration  session  in  an
   19  amount fixed by the chair of the workers' compensation board.
   20    S  8.  Section  24-a  of  the workers' compensation law, as amended by
   21  chapter 133 of the laws of 1982, subdivision 1 as amended by chapter  61
   22  of the laws of 1989, subdivision 2 as amended and subdivision 5 as added
   23  by chapter 347 of the laws of 1987, is amended to read as follows:
   24    S  24-a. Representation before the workers' compensation board.  1. No
   25  person, firm or corporation, other than an attorney  and  counsellor-at-
   26  law,  shall  appear  on behalf of any claimant or person entitled to the
   27  benefits of this chapter, before the board  or  any  officer,  agent  or
   28  employee  of the board assigned to conduct any hearing, investigation or
   29  inquiry relative to a claim for  compensation  or  benefits  under  this
   30  chapter,  unless he or she shall be a citizen of the United States or an
   31  alien lawfully admitted for permanent residence in  the  United  States,
   32  and  shall have obtained from the board a license authorizing him or her
   33  to appear in matters or proceedings before the board. Such license shall
   34  be issued by the board in accordance with the rules established  by  it.
   35  Any person, firm or corporation violating the aforesaid provisions shall
   36  be  guilty  of a misdemeanor. The board, in its rules, shall provide for
   37  the issuance of licenses to representatives of  charitable  and  welfare
   38  organizations, and to associations who employ a representative to appear
   39  for  members of such association, upon certification of the proper offi-
   40  cer of such association or  organization,  which  licenses  shall  issue
   41  without charge; and may provide for a license WITHOUT fee in the case of
   42  all  other  persons,  firms  or corporations in an amount to be fixed by
   43  said rules[, not exceeding the sum of one hundred dollars  a  year.  All
   44  license  fees  collected  under  the provisions of this section shall be
   45  paid into the state treasury]. The board shall have such tests of  char-
   46  acter  and  fitness  with  respect  to applicants for licenses, and such
   47  rules governing the conduct of those licensed, as aforesaid, as  it  may
   48  deem necessary.
   49    2. There shall be maintained in each office of the board a registry or
   50  list  of  persons  to whom licenses have been issued as provided herein,
   51  which list shall be  corrected  as  often  as  licenses  are  issued  or
   52  revoked.  Absence  of  a  record  of a license issued as herein provided
   53  shall be prima facie evidence that a person, firm or corporation is  not
   54  licensed  to represent claimants. Any such license may be revoked by the
   55  board, for cause, after a hearing before the board. No license hereunder
       S. 4205                            14
    1  shall be issued for a period longer than three years from  the  date  of
    2  its issuance.
    3    [3.  No fee or allowance, in accordance with the provisions of section
    4  twenty-four of this chapter, shall be made for services rendered by  any
    5  such  person,  firm  or corporation who has received a license hereunder
    6  without payment of a license fee.
    7    4.] 3. Refusal by any person to whom a license has been issued author-
    8  izing him to appear on behalf of any claimant to answer, upon request of
    9  the board, or other duly authorized officer, board or committee  of  the
   10  state,  any  legal  question  or  to  produce any relevant book or paper
   11  concerning his conduct under such  license,  shall  constitute  adequate
   12  cause for revocation thereof.
   13    [5.]  4.  Only an attorney, or a representative licensed in accordance
   14  with rules established by the board pursuant to subdivisions three-b and
   15  three-d of section fifty of this chapter, shall appear on behalf  of  an
   16  employer  or  an insurance carrier regarding a claim for compensation or
   17  any benefits under this chapter before the board or any  officer,  agent
   18  or  employee  of the board assigned to conduct any hearing relative to a
   19  claim for compensation or benefits under this chapter. The provisions of
   20  this subdivision shall not apply to a designated regular employee  of  a
   21  self-insured employer, or of an insurance carrier appearing on behalf of
   22  his  or  her  employer, but the board may prohibit the appearance of any
   23  such employee for cause.
   24    S 9. This act shall take effect April 1, 2015.
   25                                   PART E
   26                            Intentionally Omitted
   27                                   PART F
   28                            Intentionally Omitted
   29                                   PART G
   30                            Intentionally Omitted
   31                                   PART H
   32    Section 1. Paragraph d of subdivision 1 of section 130  of  the  civil
   33  service law is amended by adding four new subparagraphs 4, 5, 6 and 7 to
   34  read as follows:
   35    (4) EFFECTIVE JULY FIRST, TWO THOUSAND FIFTEEN:
   36  GRADE          HIRING         JOB
   37                 RATE           RATE
   38  M/C 3          $24,406        $31,200
   39  M/C 4          $25,483        $32,617
   40  M/C 5          $27,012        $34,199
   41  M/C 6          $28,158        $35,953
   42  M/C 7          $29,782        $37,899
   43  M/C 8          $31,416        $39,852
   44  M/C 9          $33,211        $41,973
   45  M/C 10         $35,001        $44,302
       S. 4205                            15
    1  M/C 11         $37,124        $46,761
    2  M/C 12         $39,082        $49,214
    3  M/C 13         $41,357        $51,948
    4  M/C 14         $43,814        $54,806
    5  M/C 15         $46,252        $57,765
    6  M/C 16         $48,859        $60,846
    7  M/C 17         $51,630        $64,201
    8  M/C 18         $51,905        $64,409
    9  M/C 19         $54,688        $67,758
   10  M/C 20         $57,476        $71,156
   11  M/C 21         $60,576        $74,831
   12  M/C 22         $63,832        $78,762
   13  M/C 23         $67,104        $83,839
   14  M 1            $72,429        $91,553
   15  M 2            $80,327        $101,536
   16  M 3            $89,152        $112,660
   17  M 4            $98,605        $124,437
   18  M 5            $109,487       $138,328
   19  M 6            $121,224       $152,476
   20  M 7            $133,622       $165,489
   21  M 8            $112,662+
   22    (5) EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN:
   23  GRADE          HIRING         JOB
   24                 RATE           RATE
   25  M/C 3          $25,143        $32,142
   26  M/C 4          $26,253        $33,602
   27  M/C 5          $27,828        $35,232
   28  M/C 6          $29,008        $37,039
   29  M/C 7          $30,682        $39,044
   30  M/C 8          $32,364        $41,055
   31  M/C 9          $34,214        $43,240
   32  M/C 10         $36,058        $45,640
   33  M/C 11         $38,245        $48,173
   34  M/C 12         $40,263        $50,700
   35  M/C 13         $42,606        $53,517
   36  M/C 14         $45,137        $56,461
   37  M/C 15         $47,649        $59,509
   38  M/C 16         $50,334        $62,684
   39  M/C 17         $53,190        $66,140
   40  M/C 18         $53,472        $66,354
   41  M/C 19         $56,340        $69,804
   42  M/C 20         $59,212        $73,305
   43  M/C 21         $62,406        $77,091
   44  M/C 22         $65,760        $81,140
   45  M/C 23         $69,130        $86,371
   46  M 1            $74,617        $94,318
   47  M 2            $82,753        $104,603
   48  M 3            $91,844        $116,062
   49  M 4            $101,583       $128,195
   50  M 5            $112,794       $142,506
   51  M 6            $124,884       $157,081
   52  M 7            $137,657       $170,487
   53  M 8            $116,064+
   54    (6) EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN:
   55  GRADE          HIRING         JOB
       S. 4205                            16
    1                 RATE           RATE
    2  M/C 3          $25,143        $32,142
    3  M/C 4          $26,253        $33,602
    4  M/C 5          $27,828        $35,232
    5  M/C 6          $29,008        $37,039
    6  M/C 7          $30,682        $39,044
    7  M/C 8          $32,364        $41,055
    8  M/C 9          $34,214        $43,240
    9  M/C 10         $36,058        $45,640
   10  M/C 11         $38,245        $48,173
   11  M/C 12         $40,263        $50,700
   12  M/C 13         $42,606        $53,517
   13  M/C 14         $45,137        $56,461
   14  M/C 15         $47,649        $59,509
   15  M/C 16         $50,334        $62,684
   16  M/C 17         $53,190        $66,140
   17  M/C 18         $53,472        $66,354
   18  M/C 19         $56,340        $69,804
   19  M/C 20         $59,212        $73,305
   20  M/C 21         $62,406        $77,091
   21  M/C 22         $65,760        $81,140
   22  M/C 23         $69,130        $86,371
   23  M 1            $74,617        $94,318
   24  M 2            $82,753        $104,603
   25  M 3            $91,844        $116,062
   26  M 4            $101,583       $128,195
   27  M 5            $112,794       $142,506
   28  M 6            $124,884       $157,081
   29  M 7            $137,657       $170,487
   30  M 8            $116,064+
   31    (7) Effective April first, two thousand eighteen:
   32  GRADE          HIRING         JOB
   33                 RATE           RATE
   34  M/C 3          $25,143        $32,142
   35  M/C 4          $26,253        $33,602
   36  M/C 5          $27,828        $35,232
   37  M/C 6          $29,008        $37,039
   38  M/C 7          $30,682        $39,044
   39  M/C 8          $32,364        $41,055
   40  M/C 9          $34,214        $43,240
   41  M/C 10         $36,058        $45,640
   42  M/C 11         $38,245        $48,173
   43  M/C 12         $40,263        $50,700
   44  M/C 13         $42,606        $53,517
   45  M/C 14         $45,137        $56,461
   46  M/C 15         $47,649        $59,509
   47  M/C 16         $50,334        $62,684
   48  M/C 17         $53,190        $66,140
   49  M/C 18         $53,472        $66,354
   50  M/C 19         $56,340        $69,804
   51  M/C 20         $59,212        $73,305
   52  M/C 21         $62,406        $77,091
   53  M/C 22         $65,760        $81,140
   54  M/C 23         $69,130        $86,371
   55  M 1            $74,617        $94,318
   56  M 2            $82,753        $104,603
       S. 4205                            17
    1  M 3            $91,844        $116,062
    2  M 4            $101,583       $128,195
    3  M 5            $112,794       $142,506
    4  M 6            $124,884       $157,081
    5  M 7            $137,657       $170,487
    6  M 8            $116,064+
    7    S  2.  Subdivision  1 of section 19 of the correction law, as added by
    8  section 2 of part B of chapter 491 of the laws of 2011,  is  amended  to
    9  read as follows:
   10    1.  This  section shall apply to each superintendent of a correctional
   11  facility appointed on or after August ninth, nineteen  hundred  seventy-
   12  five  and  any  superintendent  heretofore  appointed  who  elects to be
   13  covered by the provisions thereof  by  filing  such  election  with  the
   14  commissioner.
   15    a.  The salary schedule for superintendents of a correctional facility
   16  with an inmate population capacity of four hundred or more inmates shall
   17  be as follows:
   18  Effective April first, two thousand eleven:
   19           Hiring Rate         Job Rate
   20           $105,913            $144,535
   21  Effective April first, two thousand fourteen:
   22           Hiring Rate         Job Rate
   23           $108,031            $147,426
   24  Effective April first, two thousand fifteen:
   25           Hiring Rate         Job Rate
   26           $110,192            $150,375
   27  EFFECTIVE JULY FIRST, TWO THOUSAND FIFTEEN:
   28           HIRING RATE         JOB RATE
   29           $114,644            $156,451
   30  EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN:
   31           HIRING RATE         JOB RATE
   32           $118,106            $161,176
   33  EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN:
   34           HIRING RATE         JOB RATE
   35           $118,106            $161,176
   36  EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN:
   37           HIRING RATE         JOB RATE
   38           $118,106            $161,176
   39    b. The salary schedule for superintendents of correctional  facilities
   40  with  an  inmate  population capacity of fewer than four hundred inmates
   41  shall be as follows:
   42  Effective April first, two thousand eleven:
   43           Hiring Rate         Job Rate
   44           $82,363             $104,081
   45  Effective April first, two thousand fourteen:
   46           Hiring Rate         Job Rate
   47           $84,010             $106,163
   48  Effective April first, two thousand fifteen:
   49           Hiring Rate         Job Rate
   50           $85,690             $108,286
   51  EFFECTIVE JULY FIRST, TWO THOUSAND FIFTEEN:
   52           HIRING RATE         JOB RATE
   53           $89,152             $112,661
   54  EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN:
   55           HIRING RATE         JOB RATE
       S. 4205                            18
    1           $91,844             $116,063
    2  EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN:
    3           HIRING RATE         JOB RATE
    4           $91,844             $116,063
    5  EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN:
    6           HIRING RATE         JOB RATE
    7           $91,844             $116,063
    8    S  3.  Compensation  for certain state officers and employees.  1. The
    9  provisions of this section, except subdivision 10 of this section, shall
   10  apply to the following  full-time  state  officers  and  employees.  The
   11  provisions of subdivision 10 shall apply only to those individuals spec-
   12  ified therein.
   13    (a)  officers  and employees whose positions are designated managerial
   14  or confidential pursuant to article 14 of the civil service law;
   15    (b) civilian state employees of the division  of  military  and  naval
   16  affairs  in  the executive department whose positions are not in, or are
   17  excluded from representation rights  in,  any  recognized  or  certified
   18  negotiating unit;
   19    (c)  officers  and employees excluded from representation rights under
   20  article 14 of the civil service law pursuant to rules or regulations  of
   21  the public employment relations board;
   22    (d) officers and employees whose salaries are prescribed by section 19
   23  of the correction law;
   24    (e)  officers  and  employees whose salaries are provided for by para-
   25  graph (a) of subdivision 1 of section 215 of the executive law.
   26    2. For such officers  and  employees  the  following  increases  shall
   27  apply:
   28    (a)  Effective  July  1, 2015, the basic annual salary of officers and
   29  employees to whom the provisions of  this  subdivision  apply  shall  be
   30  increased by four percent adjusted to the nearest whole dollar amount.
   31    (b)  Effective  April 1, 2016, the basic annual salary of officers and
   32  employees to whom the provisions of  this  subdivision  apply  shall  be
   33  increased by three percent adjusted to the nearest whole dollar amount.
   34    3.  If  an  unencumbered position is one that, if encumbered, would be
   35  subject to the provisions of this section, the salary of  such  position
   36  shall  be  increased  by  the  salary increase amounts specified in this
   37  section. If a position is created and is filled by the appointment of an
   38  officer or employee who is subject to the provisions  of  this  section,
   39  the  salary  otherwise  provided for such position shall be increased in
   40  the same manner as though such position had been in existence but  unen-
   41  cumbered.
   42    4.  The  increases in salary pursuant to this section shall apply on a
   43  prorated basis in accordance with guidelines issued by the  director  of
   44  the  budget  to  officers and employees otherwise eligible to receive an
   45  increase in salary pursuant to this act who are paid on an hourly or per
   46  diem basis, employees serving on a  part-time  or  seasonal  basis,  and
   47  employees paid on any basis other than at an annual salary rate.
   48    5.  Notwithstanding  any  of the foregoing provisions of this section,
   49  the provisions of this section shall not apply to the  following  except
   50  as otherwise provided by law:
   51    (a) officers or employees paid on a fee schedule basis;
   52    (b) officers or employees whose salaries are prescribed by section 40,
   53  60, or 169 of the executive law;
   54    (c)  officers or employees in collective negotiating units established
   55  pursuant to article 14 of the civil service law.
       S. 4205                            19
    1    6. Officers and employees to whom the provisions of this section apply
    2  who are incumbents of positions that are not allocated to salary  grades
    3  specified  in  paragraph  d of subdivision 1 of section 130 of the civil
    4  service law and whose salary is not  prescribed  in  any  other  statute
    5  shall  receive the salary increases specified in subdivision two of this
    6  section.
    7    7. In order to provide performance advancements, merit awards, longev-
    8  ity payments, in lieu payments and special achievement  awards  for  the
    9  officers  and  employees  to whom this section applies who are not allo-
   10  cated to salary grades in proportion to those  provided  to  persons  to
   11  whom this section applies who are allocated to salary grades, the direc-
   12  tor  of  the  budget is authorized to add appropriate adjustments to the
   13  compensation that such officers and employees are otherwise entitled  to
   14  receive.  The  director of the budget shall amend each agency's personal
   15  service certificate to  reflect  the  increases  made  pursuant  to  the
   16  provisions of this subdivision, and the updated certificate will contin-
   17  ue  to  be  available  to the state comptroller, the department of civil
   18  service, the chairman of the senate finance committee and  the  chairman
   19  of the assembly ways and means committee.
   20    8.  Notwithstanding  any  of the foregoing provisions of this section,
   21  any increase in compensation for any officer or employee appointed to  a
   22  lower graded position from a redeployment list pursuant to subdivision 1
   23  of  section  79 of the civil service law who continues to receive his or
   24  her former salary pursuant to such subdivision shall  be  determined  on
   25  the  basis  of  such  lower  graded position provided, however, that the
   26  increases in salary provided in subdivision two of  this  section  shall
   27  not  cause such officer's or employee's salary to exceed the job rate of
   28  any such lower graded position at salary grade.
   29    9. Notwithstanding any of the foregoing provisions of this section  or
   30  of  any  law  to the contrary, the director of the budget may reduce the
   31  salary of any position which is vacant or which becomes vacant, so  long
   32  as  the  position,  if encumbered, would be subject to the provisions of
   33  this section. The director of the budget does  not  need  to  provide  a
   34  reason for such reduction.
   35    10.  Compensation  for certain state employees in the state university
   36  and certain employees of contract colleges at Cornell and Alfred univer-
   37  sities.
   38    (a) Effective July 1, 2015, April 1, 2016, April 1, 2017 and April  1,
   39  2018,  the basic annual salary of incumbents of positions in the profes-
   40  sional service in the state university that are designated,  stipulated,
   41  or  excluded  from  negotiating  units  as managerial or confidential as
   42  defined pursuant to  article  14  of  the  civil  service  law,  may  be
   43  increased  pursuant  to plans approved by the state university trustees.
   44  Such increases in basic annual salary rates  shall  not  exceed  in  the
   45  aggregate  four percent of the total basic annual salary rates in effect
   46  on June 30, 2015, and three percent of the  total  basic  annual  salary
   47  rates in effect on March 31, 2016.
   48    (b)  Effective July 1, 2015 and April 1, 2016, the basic annual salary
   49  of incumbents of positions in the institutions under the management  and
   50  control  of  Cornell  and  Alfred universities as representatives of the
   51  board of trustees of the state university that, in the  opinion  of  the
   52  director of employee relations, would be designated managerial or confi-
   53  dential  were they subject to article 14 of the civil service law may be
   54  increased pursuant to plans approved by the state  university  trustees.
   55  Such  increases  in  basic  annual  salary rates shall not exceed in the
   56  aggregate four percent of the total basic annual salary rates in  effect
       S. 4205                            20
    1  on  June  30,  2015,  and three percent of the total basic annual salary
    2  rates in effect on March 31, 2016.
    3    (c)  During  the period July 1, 2015 through March 31, 2019, the basic
    4  annual salary of incumbents of positions in the non-professional service
    5  that, in the opinion of the director of  employee  relations,  would  be
    6  designated managerial or confidential were they subject to article 14 of
    7  the civil service law, except those positions in the Cornell service and
    8  maintenance  unit that are subject to the terms of a collective bargain-
    9  ing agreement between Cornell university and the  employee  organization
   10  representing  employees  in such positions and except those positions in
   11  the Alfred service and maintenance unit that are subject to the terms of
   12  a collective bargaining agreement  between  Alfred  university  and  the
   13  employee  organization  representing  employees  in  such  positions, in
   14  institutions under the management and  control  of  Cornell  and  Alfred
   15  universities  as  representatives  of the board of trustees of the state
   16  university may be increased pursuant to  plans  approved  by  the  state
   17  university  trustees.  Such plans may include new salary schedules which
   18  shall supersede the salary schedules then in effect applicable  to  such
   19  employees.  Such plans shall provide for increases in basic annual sala-
   20  ries, which, exclusive of  performance  advancement  payments  or  merit
   21  recognition  payments, shall not exceed in the aggregate four percent of
   22  the total basic annual salary rates in effect  on  June  30,  2015,  and
   23  three  percent of the total basic annual salary rates in effect on March
   24  31, 2016.
   25    (d) For the purposes of this subdivision, the basic annual  salary  of
   26  an employee is that salary that is obtained through direct appropriation
   27  of  state  moneys  for the purpose of paying wages. Nothing in this part
   28  shall prevent increasing amounts paid to incumbents of such positions in
   29  the professional  service  in  addition  to  the  basic  annual  salary,
   30  provided,  however,  that the amounts required for such increase and the
   31  cost of fringe benefits attributable to such increase, as determined  by
   32  the  comptroller, are made available to the state in accordance with the
   33  procedures established by the state university, with the approval of the
   34  director of the budget, for such purposes.
   35    (e) Notwithstanding any of the foregoing provisions of this section or
   36  any law to the contrary, any increase in compensation may be withheld in
   37  whole or in part from any  employee  to  whom  the  provisions  of  this
   38  section apply pursuant to section seven of this act.
   39    S  4.  Use of appropriations. The comptroller is authorized to pay any
   40  amounts required during the fiscal year commencing April 1, 2015 by  the
   41  foregoing provisions of this act for any state department or agency from
   42  any  appropriation  or other funds available to such state department or
   43  agency for personal service  or  for  other  related  employee  benefits
   44  during  such  fiscal year. To the extent that such appropriations in any
   45  fund, or combinations of  funds,  are  insufficient  to  accomplish  the
   46  purposes  herein  set forth, the director of the budget is authorized to
   47  allocate to any department and agency  funds,  from  any  appropriations
   48  available  in  any  other  department's  or  agency's fund or funds, the
   49  amounts necessary to pay such amounts.
   50    S 5. Effect of participation in special annuity program. No officer or
   51  employee participating in a special  annuity  program  pursuant  to  the
   52  provision  of  article  8-C  of the education law shall, by reason of an
   53  increase in compensation pursuant to this act, suffer any  reduction  of
   54  the salary adjustment to which that employee would otherwise be entitled
   55  by  reason  of participation in such program, and such salary adjustment
       S. 4205                            21
    1  shall be based upon the salary  of  such  officer  or  employee  without
    2  regard to the reduction authorized by such article.
    3    S  6.  Date  of  entitlement  to  salary increase. Notwithstanding the
    4  provisions of this act or of any other law, the increase  in  salary  or
    5  compensation  of  any  officer or employee provided by this act shall be
    6  added to the salary or compensation of such officer or employee  at  the
    7  beginning  of  that  payroll period the first day of which is nearest to
    8  the effective date of such increase as provided in this act, or  at  the
    9  beginning  of the earlier of two payroll periods the first days of which
   10  are nearest but equally near to the effective date of such  increase  as
   11  provided in this act, provided, however, that for the purposes of deter-
   12  mining  the  salary  of  such officer or employee upon reclassification,
   13  reallocation, appointment, promotion, transfer, demotion,  reinstatement
   14  or  other  change  of status, such salary increase shall be deemed to be
   15  effective on the date thereof as prescribed in this act, and the payment
   16  thereof pursuant to this section on a date prior thereto, instead of  on
   17  such  effective  date, shall not operate to confer any additional salary
   18  rights or benefits on such officer or employee.
   19    S 7. 1. Notwithstanding the provisions of any other  section  of  this
   20  act  or  any  other  provision  of  law to the contrary, any increase in
   21  compensation, provided: (a) in this  act,  or  (b)  as  a  result  of  a
   22  promotion,  appointment, or advancement to a position in a higher salary
   23  grade, or (c) pursuant to paragraph (c) of subdivision 6 of section  131
   24  of  the  civil service law, or (d) pursuant to paragraph (b) of subdivi-
   25  sion 8 of section 130 of the civil service law, or (e) pursuant to para-
   26  graph (a) of subdivision 3 of section 13 of chapter 732 of the  laws  of
   27  1988,  as  amended, may be withheld in whole or in part from any officer
   28  or employee when, in the opinion of the director  of  the  budget,  such
   29  withholding  is necessary to reflect the job performance of such officer
   30  or employee, or to maintain appropriate salary relationships among offi-
   31  cers or employees of the state,  or  to  reduce  state  expenditures  to
   32  acceptable levels or when, in the opinion of the director of the budget,
   33  such increase is not warranted or is not appropriate.
   34    2. Notwithstanding the provisions of any other section of this act the
   35  salary increases provided for in this act shall not be implemented until
   36  the  director of the budget delivers notice to the comptroller that such
   37  amounts may be paid.
   38    S 8. This act shall take effect immediately and  shall  be  deemed  to
   39  have been in full force and effect on and after April 1, 2015.
   40                                   PART I
   41                            Intentionally Omitted
   42                                   PART J
   43    Section  1.  Subdivision 2 of section 164 of the civil service law, as
   44  added by section 1 of part W of chapter 56  of  the  laws  of  2008,  is
   45  amended to read as follows:
   46    2.  During  the  fiscal  year  ENDING MARCH THIRTY-FIRST, two thousand
   47  [eight--two thousand nine] SIXTEEN, the president [shall] MAY  establish
   48  an  amnesty period not to exceed sixty days.  During this amnesty period
   49  when any employee enrolled in the plan voluntarily identifies any ineli-
   50  gible dependent:
       S. 4205                            22
    1    (a) the termination of the ineligible dependent's  coverage  resulting
    2  from such employee's timely compliance shall be made on a current basis;
    3    (b)  the  plan shall not seek recovery of any claims paid based on the
    4  coverage of the ineligible dependent;
    5    (c) the employee shall not be entitled to any refund of  premium  paid
    6  on behalf of any such ineligible dependent; and
    7    (d)  the  employee  shall not be subject to any disciplinary, civil or
    8  criminal action, directly as a result of the coverage of the  ineligible
    9  dependent.
   10    S 2. This act shall take effect immediately.
   11                                   PART K
   12    Section 1. The retirement and social security law is amended by adding
   13  a new section 809 to read as follows:
   14    S  809.  RETIREMENT  SYSTEM  REPORTING.  THE  NEW YORK STATE AND LOCAL
   15  EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK STATE POLICE AND FIRE RETIRE-
   16  MENT SYSTEM, THE NEW YORK STATE TEACHERS'  RETIREMENT  SYSTEM,  THE  NEW
   17  YORK  CITY  EMPLOYEES'  RETIREMENT  SYSTEM,  THE NEW YORK CITY TEACHERS'
   18  RETIREMENT SYSTEM, THE NEW YORK CITY POLICE PENSION FUND, THE  NEW  YORK
   19  CITY FIRE PENSION FUND, AND THE NEW YORK CITY BOARD OF EDUCATION RETIRE-
   20  MENT  SYSTEM  SHALL REPORT ESTIMATED EMPLOYER PENSION CONTRIBUTION RATES
   21  EXPRESSED AS A PERCENTAGE OF EMPLOYER PAYROLL FOR THE NEXT  FISCAL  YEAR
   22  AND  ONE ENSUING FISCAL YEAR, OR NEXT SCHOOL YEAR AND ONE ENSUING SCHOOL
   23  YEAR, AS APPLICABLE TO SUCH RETIREMENT SYSTEMS AND  AS  APPROPRIATE  FOR
   24  ALL  PARTICIPATING  EMPLOYERS.  SUCH  RETIREMENT  SYSTEM  SHALL FILE THE
   25  APPROPRIATE REPORT WITH THE DIRECTOR OF THE BUDGET  AND  CHAIRPERSON  OF
   26  THE  SENATE  FINANCE COMMITTEE AND ASSEMBLY WAYS AND MEANS COMMITTEE AND
   27  ALSO MAKE THE REPORT AVAILABLE ON THEIR PUBLIC  INTERNET  WEBSITE.  SUCH
   28  REPORTING  SHALL  OCCUR ANNUALLY BY SEPTEMBER FIRST OF THE CURRENT YEAR,
   29  OR BY DECEMBER FIRST OF THE CURRENT YEAR FOR A RETIREMENT SYSTEM WITH  A
   30  JULY  FIRST TO JUNE THIRTIETH PLAN YEAR, AND SHALL BE IN ADDITION TO ANY
   31  OTHER REPORTING REQUIREMENT IN LAW.
   32    S 2. This act shall take effect immediately.
   33                                   PART L
   34                            Intentionally Omitted
   35                                   PART M
   36    Section 1. Section 3 of chapter 674 of the laws of 1993, amending  the
   37  public  buildings  law  relating  to  value limitations on contracts, as
   38  amended by chapter 61 of the  laws  of  2013,  is  amended  to  read  as
   39  follows:
   40    S  3.  This act shall take effect immediately and shall remain in full
   41  force and effect only until June 30, [2015] 2017.
   42    S 2. Subdivision 2 of section  9  of  the  public  buildings  law,  as
   43  amended  by  chapter  84  of  the  laws  of  2007, is amended to read as
   44  follows:
   45    2. Notwithstanding any other provision of this law or any  general  or
   46  special  law,  where  there  is  a construction emergency, as defined by
   47  subdivision one of this section, the commissioner  of  general  services
   48  may,  upon written notice of such construction emergency from an author-
   49  ized officer of the department or  agency  having  jurisdiction  of  the
       S. 4205                            23
    1  property,  let  emergency  contracts  for public work or the purchase of
    2  supplies, materials or equipment without complying with  formal  compet-
    3  itive  bidding  requirements,  provided that all such contracts shall be
    4  subject  to the approval of the attorney general and the comptroller and
    5  that no such contract shall exceed [three hundred thousand] ONE  MILLION
    6  dollars.   Such emergency contracts shall be let only for work necessary
    7  to remedy or ameliorate a construction emergency.
    8    S 3. This act shall take effect immediately; provided,  however,  that
    9  the  amendment to subdivision 2 of section 9 of the public buildings law
   10  made by section two of this act shall not affect the expiration of  such
   11  subdivision and shall be deemed to expire therewith.
   12                                   PART N
   13    Section  1.  The  second  undesignated  paragraph  of section 6 of the
   14  public buildings law, as amended by chapter 237 of the laws of 1992,  is
   15  amended to read as follows:
   16    Notwithstanding  any  inconsistent provisions of law, the commissioner
   17  of general services may by rules delegate to the  agency  or  department
   18  having custody of any public building full responsibility for the prepa-
   19  ration of plans and specifications and the supervision of minor, routine
   20  or  uncomplicated  construction, reconstruction, alteration, improvement
   21  or repair of any such building, providing the value of such  work  shall
   22  not exceed ONE HUNDRED fifty thousand dollars.
   23    S 2. This act shall take effect immediately.
   24                                   PART O
   25                            Intentionally Omitted
   26                                   PART P
   27    Section  1. The state comptroller is hereby authorized and directed to
   28  loan money in accordance with the provisions set forth in subdivision  5
   29  of  section  4  of  the  state finance law to the following funds and/or
   30  accounts:
   31    1. Tuition reimbursement account (20451).
   32    2. Proprietary vocational school supervision account (20452).
   33    3. Local government records management account (20501).
   34    4. Child health plus program account (20810).
   35    5. EPIC premium account (20818).
   36    6. Education - New (20901).
   37    7. VLT - Sound basic education fund (20904).
   38    8.  Sewage  treatment  program  management  and  administration   fund
   39  (21000).
   40    9. Hazardous bulk storage account (21061).
   41    10. Federal grants indirect cost recovery account (21065).
   42    11. Low level radioactive waste account (21066).
   43    12. Recreation account (21067).
   44    13. Public safety recovery account (21077).
   45    14. Environmental regulatory account (21081).
   46    15. Natural resource account (21082).
   47    16. Mined land reclamation program account (21084).
   48    17. Great lakes restoration initiative account (21087).
   49    18. Environmental protection and oil spill compensation fund (21200).
       S. 4205                            24
    1    19. Public transportation systems account (21401).
    2    20. Metropolitan mass transportation (21402).
    3    21. Operating permit program account (21451).
    4    22. Mobile source account (21452).
    5    23.   Statewide  planning  and  research  cooperative  system  account
    6  (21902).
    7    24. OPWDD provider of service account (21903).
    8    25. Mental hygiene program fund account (21907).
    9    26. Mental hygiene patient income account (21909).
   10    27. Financial control board account (21911).
   11    28. Regulation of racing account (21912).
   12    29. New York Metropolitan Transportation Council account (21913).
   13    30. State university dormitory income reimbursable account (21937).
   14    31. Energy research account (21943).
   15    32. Criminal justice improvement account (21945).
   16    33. Fingerprint identification and technology account (21950).
   17    34. Environmental laboratory reference fee account (21959).
   18    35. Clinical laboratory reference system assessment account (21962).
   19    36. Indirect cost recovery account (21978).
   20    37. High school equivalency program account (21979).
   21    38. Multi-agency training account (21989).
   22    39. Bell jar collection account (22003).
   23    40. Industry and utility service account (22004).
   24    41. Real property disposition account (22006).
   25    42. Parking account (22007).
   26    43. Asbestos safety training program account (22009).
   27    44. Batavia school for the blind account (22032).
   28    45. Investment services account (22034).
   29    46. Surplus property account (22036).
   30    47. Financial oversight account (22039).
   31    48. Regulation of indian gaming account (22046).
   32    49. Rome school for the deaf account (22053).
   33    50. Seized assets account (22054).
   34    51. Administrative adjudication account (22055).
   35    52. Federal salary sharing account (22056).
   36    53. New York City assessment account (22062).
   37    54. Cultural education account (22063).
   38    55. Local services account (22078).
   39    56. DHCR mortgage servicing account (22085).
   40    57. Department of motor vehicles compulsory insurance account (22087).
   41    58. Housing indirect cost recovery account (22090).
   42    59. Accident prevention course program account (22094).
   43    60. DHCR-HCA application fee account (22100).
   44    61. Low income housing monitoring account (22130).
   45    62. Corporation administration account (22135).
   46    63. Montrose veteran's home account (22144).
   47    64. Deferred compensation administration account (22151).
   48    65. Rent revenue other New York City account (22156).
   49    66. Rent revenue account (22158).
   50    67. Tax revenue arrearage account (22168).
   51    68. State university general income offset account (22654).
   52    69. State police motor vehicle law enforcement account (22802).
   53    70. Highway safety program account (23001).
   54    71. EFC drinking water program account (23101).
   55    72. DOH drinking water program account (23102).
   56    73. NYCCC operating offset account (23151).
       S. 4205                            25
    1    74. Commercial gaming revenue account (23701).
    2    75. Commercial gaming regulation account (23702).
    3    76. Highway and bridge capital account (30051).
    4    77. State university residence hall rehabilitation fund (30100).
    5    78. State parks infrastructure account (30351).
    6    79. Clean water/clean air implementation fund (30500).
    7    80. Hazardous waste remedial cleanup account (31506).
    8    81. Youth facilities improvement account (31701).
    9    82. Housing assistance fund (31800).
   10    83. Housing program fund (31850).
   11    84. Highway facility purpose account (31951).
   12    85. Information technology capital financing account (32215).
   13    86. New York racing account (32213).
   14    87. Mental hygiene facilities capital improvement fund (32300).
   15    88. Correctional facilities capital improvement fund (32350).
   16    89. New York State Storm Recovery Capital Fund (33000).
   17    90. OGS convention center account (50318).
   18    91. Centralized services fund (55000).
   19    92. Archives records management account (55052).
   20    93. Federal single audit account (55053).
   21    94. Civil service law section II administrative account (55055).
   22    95. Civil service EHS occupational health program account (55056).
   23    96. Banking services account (55057).
   24    97. Cultural resources survey account (55058).
   25    98. Neighborhood work project (55059).
   26    99. Automation & printing chargeback account (55060).
   27    100. OFT NYT account (55061).
   28    101. Data center account (55062).
   29    102. Intrusion detection account (55066).
   30    103. Domestic violence grant account (55067).
   31    104. Centralized technology services account (55069).
   32    105. Labor contact center account (55071).
   33    106. Human services contact center account (55072).
   34    107. Tax contact center account (55073).
   35    108. Executive direction internal audit account (55251).
   36    109. CIO Information technology centralized services account (55252).
   37    110. Health insurance internal service account (55300).
   38    111.  Civil  service employee benefits division administrative account
   39  (55301).
   40    112. Correctional industries revolving fund (55350).
   41    113. Employees health insurance account (60201).
   42    114. Medicaid management information system escrow fund (60900).
   43    S 1-a. The state comptroller is hereby authorized and directed to loan
   44  money in accordance with the provisions set forth in  subdivision  5  of
   45  section  4  of the state finance law to any account within the following
   46  federal funds, provided the comptroller has made  a  determination  that
   47  sufficient  federal grant award authority is available to reimburse such
   48  loans:
   49    1. Federal USDA-food and nutrition services fund (25000).
   50    2. Federal health and human services fund (25100).
   51    3. Federal education fund (25200).
   52    4. Federal block grant fund (25250).
   53    5. Federal miscellaneous operating grants fund (25300).
   54    6. Federal unemployment insurance administration fund (25900).
   55    7. Federal unemployment insurance occupational training fund (25950).
   56    8. Federal emergency employment act fund (26000).
       S. 4205                            26
    1    9. Federal capital projects fund (31350).
    2    S  2.  Notwithstanding any law to the contrary, and in accordance with
    3  section 4 of the state finance law, the comptroller is hereby authorized
    4  and directed to transfer, upon request of the director of the budget, on
    5  or before March 31, 2016, up to the unencumbered balance or the  follow-
    6  ing amounts:
    7    Economic Development and Public Authorities:
    8    1.  $175,000  from the miscellaneous special revenue fund, underground
    9  facilities safety training account (22172), to the general fund.
   10    2. An amount up to the unencumbered  balance  from  the  miscellaneous
   11  special  revenue  fund, business and licensing services account (21977),
   12  to the general fund.
   13    3. $14,810,000 from  the  miscellaneous  special  revenue  fund,  code
   14  enforcement account (21904), to the general fund.
   15    4.  $3,000,000  from  the  general  fund  to the miscellaneous special
   16  revenue fund, tax revenue arrearage account (22168).
   17    5. $552,000 from the miscellaneous special revenue fund, consumer food
   18  industry account (21966), to the general fund.
   19    Education:
   20    1. $2,219,000,000 from the general fund to  the  state  lottery  fund,
   21  education  account (20901), as reimbursement for disbursements made from
   22  such fund for supplemental aid to education pursuant to section 92-c  of
   23  the  state  finance  law  that are in excess of the amounts deposited in
   24  such fund for such purposes pursuant to section 1612 of the tax law.
   25    2. $952,000,000 from the general fund to the state lottery  fund,  VLT
   26  education  account (20904), as reimbursement for disbursements made from
   27  such fund for supplemental aid to education pursuant to section 92-c  of
   28  the  state  finance  law  that are in excess of the amounts deposited in
   29  such fund for such purposes pursuant to section 1612 of the tax law.
   30    3. Moneys from the state lottery fund up to  an  amount  deposited  in
   31  such  fund  pursuant  to  section  1612  of the tax law in excess of the
   32  current year appropriation for supplemental aid to education pursuant to
   33  section 92-c of the state finance law.
   34    4. $300,000 from the local government records  management  improvement
   35  fund (20500) to the archives partnership trust fund (20350).
   36    5. $900,000 from the general fund to the miscellaneous special revenue
   37  fund, Batavia school for the blind account (22032).
   38    6. $900,000 from the general fund to the miscellaneous special revenue
   39  fund, Rome school for the deaf account (22053).
   40    7.  $343,400,000  from  the  state  university  dormitory  income fund
   41  (40350) to the miscellaneous  special  revenue  fund,  state  university
   42  dormitory income reimbursable account (21937).
   43    8.  $24,000,000  from  any  of  the state education department special
   44  revenue and internal service funds to the miscellaneous special  revenue
   45  fund, indirect cost recovery account (21978).
   46    9.  $8,318,000  from  the  general fund to the state university income
   47  fund, state university income offset account (22654),  for  the  state's
   48  share of repayment of the STIP loan.
   49    10. $45,000,000 from the state university income fund, state universi-
   50  ty hospitals income reimbursable account (22656) to the general fund for
   51  hospital  debt  service  for  the period April 1, 2015 through March 31,
   52  2016.
   53    Environmental Affairs:
   54    1. $16,000,000 from any of the department of  environmental  conserva-
   55  tion's  special  revenue federal funds to the environmental conservation
   56  special revenue fund, federal indirect recovery account (21065).
       S. 4205                            27
    1    2. $2,000,000 from any of the department  of  environmental  conserva-
    2  tion's  special revenue federal funds to the conservation fund as neces-
    3  sary to avoid diversion of conservation funds.
    4    3. $3,000,000 from any of the office of parks, recreation and historic
    5  preservation  capital projects federal funds and special revenue federal
    6  funds to the miscellaneous special revenue fund, federal grant  indirect
    7  cost recovery account (22188).
    8    4. $1,000,000 from any of the office of parks, recreation and historic
    9  preservation  special revenue federal funds to the miscellaneous special
   10  revenue fund, I love NY water account (21930).
   11    5. $18,000,000 from the general fund to the  environmental  protection
   12  fund, environmental protection fund transfer account (30451).
   13    6.  $8,500,000  from  the general fund to the hazardous waste remedial
   14  fund, hazardous waste oversight and assistance account (31505).
   15    7. $25,000,000 from the environmental protection  fund,  environmental
   16  protection transfer account (30451), to the general fund.
   17    Family Assistance:
   18    1. $10,000,000 from any of the office of children and family services,
   19  office  of  temporary and disability assistance, or department of health
   20  special revenue federal funds and the general fund, in  accordance  with
   21  agreements  with social services districts, to the miscellaneous special
   22  revenue fund, office of human resources development state match  account
   23  (21967).
   24    2.  $3,000,000  from any of the office of children and family services
   25  or office of temporary and disability assistance special revenue federal
   26  funds to the miscellaneous special revenue fund, family preservation and
   27  support services and family violence services account (22082).
   28    3. $18,670,000 from any of the office of children and family services,
   29  office of temporary and disability assistance, or department  of  health
   30  special  revenue  federal  funds  and  any  other miscellaneous revenues
   31  generated from the operation of office of children and  family  services
   32  programs to the general fund.
   33    4.  $166,000,000  from  any  of the office of temporary and disability
   34  assistance or department of health special revenue funds to the  general
   35  fund.
   36    5.  $2,500,000  from  any  of  the  office of temporary and disability
   37  assistance or office of children and  family  services  special  revenue
   38  federal  funds  to  the  miscellaneous  special  revenue fund, office of
   39  temporary and disability assistance program account (21980).
   40    6. $35,000,000 from any of the office of children and family services,
   41  office of temporary and disability assistance, department of labor,  and
   42  department  of  health  special  revenue  federal funds to the office of
   43  children and family services miscellaneous special revenue fund,  multi-
   44  agency training contract account (21989).
   45    7.  $65,000,000  from  the  miscellaneous  special revenue fund, youth
   46  facility per diem account (22186), to the general fund.
   47    8. $621,850 from the general fund to the combined gifts,  grants,  and
   48  bequests fund, WB Hoyt Memorial account (20128).
   49    9.  $3,100,000  from  the  miscellaneous  special  revenue fund, state
   50  central registry (22028), to the general fund.
   51    General Government:
   52    1. $1,566,000 from the miscellaneous special revenue fund, examination
   53  and miscellaneous revenue account (22065) to the general fund.
   54    2. $12,500,000 from the general fund to the health insurance revolving
   55  fund (55300).
       S. 4205                            28
    1    3. $192,400,000  from  the  health  insurance  reserve  receipts  fund
    2  (60550) to the general fund.
    3    4. $150,000 from the general fund to the not-for-profit revolving loan
    4  fund (20650).
    5    5. $150,000 from the not-for-profit revolving loan fund (20650) to the
    6  general fund.
    7    6.  $3,000,000  from  the  miscellaneous special revenue fund, surplus
    8  property account (22036), to the general fund.
    9    7. $19,900,000 from the general  fund  to  the  miscellaneous  special
   10  revenue fund, alcoholic beverage control account (22033).
   11    8.  $23,000,000  from  the miscellaneous special revenue fund, revenue
   12  arrearage account (22024), to the general fund.
   13    9. $1,826,000 from the miscellaneous  special  revenue  fund,  revenue
   14  arrearage  account  (22024),  to the miscellaneous special revenue fund,
   15  authority budget office account (22138).
   16    10. $1,000,000 from the miscellaneous special  revenue  fund,  parking
   17  services  account (22007), to the general fund, for the purpose of reim-
   18  bursing the costs of debt service related to state parking facilities.
   19    11. $21,794,000 from the general fund to the  internal  service  fund,
   20  COPS account (55013).
   21    12.  $8,360,000 from the general fund to the agencies internal service
   22  fund, central technology services account (55069), for  the  purpose  of
   23  enterprise technology projects.
   24    13.  $5,000,000  from the miscellaneous special revenue fund, workers'
   25  compensation account (21995),  to  the  miscellaneous  capital  projects
   26  fund, workers' compensation board IT business process design fund.
   27    Health:
   28    1. $30,000,000 from the miscellaneous special revenue fund, quality of
   29  care account (21915), to the general fund.
   30    2.  $1,000,000 from the general fund to the combined gifts, grants and
   31  bequests fund, breast cancer research and education account (20155),  an
   32  amount  equal to the monies collected and deposited into that account in
   33  the previous fiscal year.
   34    3. $250,000 from the general fund to the combined  gifts,  grants  and
   35  bequests  fund,  prostate  cancer  research,  detection,  and  education
   36  account (20183), an amount equal to the moneys collected  and  deposited
   37  into that account in the previous fiscal year.
   38    4.  $500,000  from  the general fund to the combined gifts, grants and
   39  bequests fund,  Alzheimer's  disease  research  and  assistance  account
   40  (20143), an amount equal to the moneys collected and deposited into that
   41  account in the previous fiscal year.
   42    5.  $30,295,000  from the HCRA resources fund (20800) to the miscella-
   43  neous special revenue fund, empire state stem cell  trust  fund  account
   44  (22161).
   45    6.  $30,000,000  from  any of the department of health accounts within
   46  the federal health and human services fund to the miscellaneous  special
   47  revenue fund, quality of care account (21915).
   48    7. $6,000,000 from the miscellaneous special revenue fund, certificate
   49  of  need  account  (21920),  to the miscellaneous capital projects fund,
   50  healthcare IT capital subfund.
   51    8. $1,000,000 from the miscellaneous special  revenue  fund,  adminis-
   52  tration  program  account (21982), to the miscellaneous capital projects
   53  fund, healthcare IT capital account (32216).
   54    9. $1,000,000 from  the  miscellaneous  special  revenue  fund,  vital
   55  records  account  (22103),  to  the miscellaneous capital projects fund,
   56  healthcare IT capital account (32216).
       S. 4205                            29
    1    10. $3,700,000 from the miscellaneous  New  York  state  agency  fund,
    2  Medicaid recoveries account (60615), to the general fund.
    3    11.  $6,740,000  from  the general fund to the medical marihuana trust
    4  fund, medical marihuana - DOH account.
    5    12. $4,096,000 from the HCRA resources fund (20800), to the  miscella-
    6  neous special revenue fund, cigarette strike force account.
    7    13.  $3,086,000  from  the miscellaneous special revenue fund, certif-
    8  icate of need account (21920), to the general fund.
    9    14. $179,320,000 from the HCRA resources fund,  HCRA  program  account
   10  (20807), to the general fund.
   11    Labor:
   12    1.  $400,000  from the miscellaneous special revenue fund, DOL fee and
   13  penalty account (21923), to the child performer's protection fund, child
   14  performer protection account (20401).
   15    2. $8,400,000 from the miscellaneous special revenue fund, DOL fee and
   16  penalty account (21923), to the general fund.
   17    3. $3,300,000 from the unemployment  insurance  interest  and  penalty
   18  fund,  unemployment  insurance  special  interest  and  penalty  account
   19  (23601), to the general fund.
   20    Mental Hygiene:
   21    1. $10,000,000 from the miscellaneous  special  revenue  fund,  mental
   22  hygiene  patient  income  account  (21909), to the miscellaneous special
   23  revenue fund, federal salary sharing account (22056).
   24    2. $15,000,000 from the miscellaneous  special  revenue  fund,  mental
   25  hygiene  patient  income  account  (21909), to the miscellaneous special
   26  revenue fund, provider of service accounts (21903).
   27    3. $15,000,000 from the miscellaneous  special  revenue  fund,  mental
   28  hygiene  program  fund  account  (21907),  to  the miscellaneous special
   29  revenue fund, provider of service account (21903).
   30    4. $1,400,000,000 from the general fund to the  miscellaneous  special
   31  revenue fund, mental hygiene patient income account (21909).
   32    5.  $1,867,353,000  from the general fund to the miscellaneous special
   33  revenue fund, mental hygiene program fund account (21907).
   34    6. $100,000,000 from the miscellaneous special  revenue  fund,  mental
   35  hygiene program fund account (21907), to the general fund.
   36    7.  $100,000,000  from  the miscellaneous special revenue fund, mental
   37  hygiene patient income account (21909), to the general fund.
   38    Public Protection:
   39    1. $1,350,000 from the miscellaneous special revenue  fund,  emergency
   40  management account (21944), to the general fund.
   41    2.  $3,300,000  from  the  general  fund  to the miscellaneous special
   42  revenue fund, recruitment incentive account (22171).
   43    3. $13,000,000 from the general fund to  the  correctional  industries
   44  revolving   fund,   correctional  industries  internal  service  account
   45  (55350).
   46    4. $3,000,000 from the federal miscellaneous  operating  grants  fund,
   47  DMNA damage account (25324), to the general fund.
   48    5.  $14,300,000  from  the  general  fund to the miscellaneous special
   49  revenue fund, crimes against revenue program account (22015).
   50    6. $22,900,000 from the miscellaneous special revenue  fund,  criminal
   51  justice improvement account (21945), to the general fund.
   52    7.  $50,000,000 from the miscellaneous special revenue fund, statewide
   53  public safety communications account (22123), to the general fund.
   54    8. $106,000,000 from the state police motor  vehicle  law  enforcement
   55  and  motor  vehicle  theft  and  insurance  fraud prevention fund, state
       S. 4205                            30
    1  police motor vehicle enforcement account (22802), to  the  general  fund
    2  for state operation expenses of the division of state police.
    3    9.  $21,500,000  from  the general fund to the correctional facilities
    4  capital improvement fund (32350).
    5    10. $5,000,000 from the general fund  to  the  dedicated  highway  and
    6  bridge trust fund (30050) for the purpose of work zone safety activities
    7  provided by the division of state police for the department of transpor-
    8  tation.
    9    11.  $5,000,000 from the miscellaneous special revenue fund, statewide
   10  public safety communications account (22123), to  the  capital  projects
   11  fund (30000).
   12    12.  $2,900,000  from  the  miscellaneous  special revenue fund, legal
   13  services assistance account (22096), to the general fund.
   14    13. $300,000 from the state police motor vehicle law  enforcement  and
   15  motor  vehicle  theft and insurance fraud prevention fund, motor vehicle
   16  theft and insurance fraud account (22801), to the general fund.
   17    Transportation:
   18    1. $17,672,000 from the federal miscellaneous operating grants fund to
   19  the miscellaneous special revenue fund, New York Metropolitan  Transpor-
   20  tation Council account (21913).
   21    2. $20,147,000 from the federal capital projects fund to the miscella-
   22  neous special revenue fund, New York Metropolitan Transportation Council
   23  account (21913).
   24    3. $15,700,000 from the miscellaneous special revenue fund, compulsory
   25  insurance account (22087), to the general fund.
   26    4.  $14,878,096 from the general fund to the mass transportation oper-
   27  ating assistance fund, public transportation systems  operating  assist-
   28  ance account (21401), of which $12,000,000 constitutes the base need for
   29  operations.
   30    5.  $689,659,000  from  the  general fund to the dedicated highway and
   31  bridge trust fund (30050).
   32    6. $606,000 from the  miscellaneous  special  revenue  fund,  accident
   33  prevention course program account (22094), to the general fund.
   34    7.  $6,000  from  the  miscellaneous  special revenue fund, motorcycle
   35  safety account (21976), to the general fund.
   36    8. $309,250,000 from the general fund to the MTA financial  assistance
   37  fund, mobility tax trust account (23651).
   38    9. $20,000,000 from the mass transportation operating assistance fund,
   39  metropolitan  mass  transportation operating assistance account (21402),
   40  to the general debt service  fund  (40151),  for  reimbursement  of  the
   41  state's expenses in connection with payments of debt service and related
   42  expenses  for  the metropolitan transportation authority's state service
   43  contract bonds.
   44    10. $5,000,000 from the miscellaneous special revenue fund,  transpor-
   45  tation  regulation  account  (22067) to the dedicated highway and bridge
   46  trust fund (30050), for disbursements made  from  such  fund  for  motor
   47  carrier  safety that are in excess of the amounts deposited in the dedi-
   48  cated highway and bridge trust fund (30050) for such purpose pursuant to
   49  section 94 of the transportation law.
   50    11. $115,826,600 from the  mass  transportation  operating  assistance
   51  fund,  metropolitan  mass  transportation  operating  assistance account
   52  (21402), to the transit assistance for capital investments fund,  metro-
   53  politan   transit   assistance  for  capital  investments  account,  for
   54  disbursements made from such fund pursuant to a chapter of the  laws  of
   55  2015.
   56    Miscellaneous:
       S. 4205                            31
    1    1. $200,000,000 from the general fund to any funds or accounts for the
    2  purpose of reimbursing certain outstanding accounts receivable balances.
    3    2.  $1,000,000,000 from the general fund to the debt reduction reserve
    4  fund (40000).
    5    3. $450,000,000 from the New York state storm  recovery  capital  fund
    6  (33000) to the revenue bond tax fund (40152).
    7    4.  $15,500,000  from  the general fund, community projects account GG
    8  (10256), to the general fund, state purposes account (10050).
    9    S 3. Notwithstanding any law to the contrary, and in  accordance  with
   10  section 4 of the state finance law, the comptroller is hereby authorized
   11  and directed to transfer, on or before March 31, 2016:
   12    1.  Upon request of the commissioner of environmental conservation, up
   13  to $11,354,000 from revenues credited to any of the department of  envi-
   14  ronmental  conservation special revenue funds, including $3,285,400 from
   15  the environmental protection and oil spill  compensation  fund  (21200),
   16  and  $1,779,600 from the conservation fund (21150), to the environmental
   17  conservation special revenue fund, indirect charges account (21060).
   18    2. Upon request of the commissioner of agriculture and markets, up  to
   19  $3,000,000  from  any special revenue fund or enterprise fund within the
   20  department of agriculture and markets to the general fund, to pay appro-
   21  priate administrative expenses.
   22    3. Upon request of the commissioner of agriculture and markets, up  to
   23  $2,000,000  from  the state exposition special fund, state fair receipts
   24  account (50051) to the miscellaneous capital projects fund,  state  fair
   25  capital improvement account (32208).
   26    4.  Upon  request  of  the commissioner of the division of housing and
   27  community renewal, up to $6,221,000 from revenues credited to any  divi-
   28  sion  of  housing and community renewal federal or miscellaneous special
   29  revenue fund to the miscellaneous special revenue fund, housing indirect
   30  cost recovery account (22090).
   31    5. Upon request of the commissioner of the  division  of  housing  and
   32  community  renewal, up to $5,500,000 may be transferred from any miscel-
   33  laneous special revenue  fund  account,  to  any  miscellaneous  special
   34  revenue fund.
   35    6.  Upon  request  of the commissioner of health up to $5,000,000 from
   36  revenues credited to any of the department of health's  special  revenue
   37  funds, to the miscellaneous special revenue fund, administration account
   38  (21982).
   39    S 4. On or before March 31, 2016, the comptroller is hereby authorized
   40  and  directed  to  deposit  earnings  that would otherwise accrue to the
   41  general fund that are attributable to the operation of section  98-a  of
   42  the  state  finance  law, to the agencies internal service fund, banking
   43  services account (55057), for the purpose  of  meeting  direct  payments
   44  from such account.
   45    S  5.  Notwithstanding  any law to the contrary, upon the direction of
   46  the director of the budget and upon requisition by the state  university
   47  of  New  York,  the  dormitory  authority  of  the  state of New York is
   48  directed to transfer, up to $22,000,000 in revenues generated  from  the
   49  sale  of  notes  or  bonds,  to  the  state  university  of New York for
   50  reimbursement of bondable equipment for further transfer to the  state's
   51  general fund.
   52    S  6.  Notwithstanding any law to the contrary, and in accordance with
   53  section 4 of the state finance law, the comptroller is hereby authorized
   54  and directed to transfer, upon request of the director of the budget and
   55  upon consultation with the state university chancellor  or  his  or  her
   56  designee,  on or before March 31, 2016, up to $16,000,000 from the state
       S. 4205                            32
    1  university income fund general revenue  account  (22653)  to  the  state
    2  general  fund for debt service costs related to campus supported capital
    3  project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
    4  University at Buffalo.
    5    S  7.  Notwithstanding any law to the contrary, and in accordance with
    6  section 4 of the state finance law, the comptroller is hereby authorized
    7  and directed to transfer, upon request of the director of the budget and
    8  upon consultation with the state university chancellor  or  his  or  her
    9  designee,  on  or before March 31, 2016, up to $6,500,000 from the state
   10  university income fund general revenue  account  (22653)  to  the  state
   11  general  fund for debt service costs related to campus supported capital
   12  project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
   13  University at Albany.
   14    S  8.  Notwithstanding  any  law to the contrary, the state university
   15  chancellor or his or her designee is authorized and directed to transfer
   16  estimated tuition revenue balances from the state university  collection
   17  fund  (61000)  to  the  state  university  income fund, state university
   18  general revenue offset account (22655) on or before March 31, 2016.
   19    S 9. Notwithstanding any law to the contrary, and in  accordance  with
   20  section 4 of the state finance law, the comptroller is hereby authorized
   21  and directed to transfer, upon request of the director of the budget, up
   22  to  $87,764,000  from  the  general  fund to the state university income
   23  fund, state university hospitals  income  reimbursable  account  (22656)
   24  during  the period July 1, 2015 through June 30, 2016 to reflect ongoing
   25  state subsidy of SUNY hospitals and to pay  costs  attributable  to  the
   26  SUNY hospitals' state agency status.
   27    S  10. Notwithstanding any law to the contrary, and in accordance with
   28  section 4 of the state finance law, the comptroller is hereby authorized
   29  and directed to transfer, upon request of the director of the budget, up
   30  to $987,050,300 from the general fund to  the  state  university  income
   31  fund, state university general revenue offset account (22655) during the
   32  period  of  July  1, 2015 through June 30, 2016 to support operations at
   33  the state university.
   34    S 11. Notwithstanding any law to the contrary, and in accordance  with
   35  section 4 of the state finance law, the comptroller is hereby authorized
   36  and directed to transfer, upon request of the director of the budget, up
   37  to $3,370,000 from the general fund to the state university income fund,
   38  state university general revenue offset account (22655) during the peri-
   39  od  of  April 1, 2015 through June 30, 2015 to support operations at the
   40  state university.
   41    S 12. Notwithstanding any law to the contrary, and in accordance  with
   42  section 4 of the state finance law, the comptroller is hereby authorized
   43  and  directed to transfer, upon request of the state university chancel-
   44  lor or his or her designee, up to $55,000,000 from the state  university
   45  income  fund,  state  university  hospitals  income reimbursable account
   46  (22656), for services and expenses of hospital  operations  and  capital
   47  expenditures at the state university hospitals; and the state university
   48  income  fund,  Long  Island  veterans' home account (22652) to the state
   49  university capital projects fund (32400) on or before June 30, 2016.
   50    S 13. Notwithstanding any law to the contrary, and in accordance  with
   51  section  4 of the state finance law, the comptroller, after consultation
   52  with the state university chancellor or his or her designee,  is  hereby
   53  authorized  and directed to transfer moneys, in the first instance, from
   54  the state university collection fund, Stony  Brook  hospital  collection
   55  account (61006), Brooklyn hospital collection account (61007), and Syra-
   56  cuse  hospital collection account (61008) to the state university income
       S. 4205                            33
    1  fund, state university hospitals income reimbursable account (22656)  in
    2  the  event  insufficient  funds  are  available  in the state university
    3  income fund, state  university  hospitals  income  reimbursable  account
    4  (22656)  to  permit the full transfer of moneys authorized for transfer,
    5  to the general fund for payment of debt  service  related  to  the  SUNY
    6  hospitals.  Notwithstanding  any law to the contrary, the comptroller is
    7  also hereby authorized and directed, after consultation with  the  state
    8  university  chancellor  or  his or her designee, to transfer moneys from
    9  the state university income fund to the state  university  income  fund,
   10  state  university  hospitals  income reimbursable account (22656) in the
   11  event insufficient funds are available in the  state  university  income
   12  fund,  state university hospitals income reimbursable account (22656) to
   13  pay hospital operating costs or to permit the full  transfer  of  moneys
   14  authorized for transfer, to the general fund for payment of debt service
   15  related to the SUNY hospitals on or before March 31, 2016.
   16    S  14.  Notwithstanding any law to the contrary, upon the direction of
   17  the director of the budget and the chancellor of the state university of
   18  New York or his or her designee, and in accordance with section 4 of the
   19  state finance law, the comptroller is hereby authorized and directed  to
   20  transfer  monies from the state university dormitory income fund (40350)
   21  to the state university residence hall rehabilitation fund (30100),  and
   22  from  the state university residence hall rehabilitation fund (30100) to
   23  the state university dormitory income fund (40350), in a net amount  not
   24  to exceed $80 million.
   25    S  15. Notwithstanding any law to the contrary, and in accordance with
   26  section 4 of the state finance law, the comptroller is hereby authorized
   27  and directed to transfer monies, upon request of  the  director  of  the
   28  budget,  on  or  before March 31, 2016, from and to any of the following
   29  accounts: the miscellaneous special revenue fund, patient income account
   30  (21909), the miscellaneous special revenue fund, mental hygiene  program
   31  fund  account  (21907),  the miscellaneous special revenue fund, federal
   32  salary sharing account (22056), or the general fund in any  combination,
   33  the aggregate of which shall not exceed $350 million.
   34    S  16. Notwithstanding any law to the contrary, and in accordance with
   35  section 4 of the state finance law, the comptroller is hereby authorized
   36  and directed to transfer, at the request of the director of the  budget,
   37  up  to $500 million from the unencumbered balance of any special revenue
   38  fund or account, agency  fund  or  account,  internal  service  fund  or
   39  account,  enterprise  fund  or account, or any combination of such funds
   40  and accounts, to the general fund. The amounts transferred  pursuant  to
   41  this authorization shall be in addition to any other transfers expressly
   42  authorized  in  the  2015-16  budget. Transfers from federal funds, debt
   43  service funds, capital projects funds, the community projects  fund,  or
   44  funds  that would result in the loss of eligibility for federal benefits
   45  or federal funds pursuant to federal law, rule, or regulation as assent-
   46  ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws  of
   47  1951 are not permitted pursuant to this authorization.
   48    S  17. Notwithstanding any law to the contrary, and in accordance with
   49  section 4 of the state finance law, the comptroller is hereby authorized
   50  and directed to transfer, at the request of the director of the  budget,
   51  up  to $100 million from any non-general fund or account, or combination
   52  of funds and accounts, to the miscellaneous special revenue fund,  tech-
   53  nology  financing  account (22207) or the miscellaneous capital projects
   54  fund, information technology capital financing account (32215), for  the
   55  purpose  of  consolidating  technology  procurement  and  services.  The
   56  amounts transferred to the miscellaneous special revenue fund, technolo-
       S. 4205                            34
    1  gy financing account (22207) pursuant to  this  authorization  shall  be
    2  equal  to  or  less  than  the amount of such monies intended to support
    3  information technology costs which  are  attributable,  according  to  a
    4  plan,  to  such  account  made  in pursuance to an appropriation by law.
    5  Transfers to the technology financing account shall  be  completed  from
    6  amounts  collected  by  non-general funds or accounts pursuant to a fund
    7  deposit schedule or permanent statute, and shall be transferred  to  the
    8  technology  financing  account pursuant to a schedule agreed upon by the
    9  affected agency commissioner. Transfers from funds that would result  in
   10  the  loss  of eligibility for federal benefits or federal funds pursuant
   11  to federal law, rule, or regulation as assented to in chapter 683 of the
   12  laws of 1938 and chapter 700 of the  laws  of  1951  are  not  permitted
   13  pursuant to this authorization.
   14    S  18. Notwithstanding any law to the contrary, and in accordance with
   15  section 4 of the state finance law, the comptroller is hereby authorized
   16  and directed to transfer, at the request of the director of the  budget,
   17  up  to $300 million from any non-general fund or account, or combination
   18  of funds and accounts, to the general fund for the  purpose  of  consol-
   19  idating  technology  procurement  and  services. The amounts transferred
   20  pursuant to this authorization shall be equal to or less than the amount
   21  of such monies intended to support information  technology  costs  which
   22  are attributable, according to a plan, to such account made in pursuance
   23  to  an  appropriation  by  law.  Transfers  to the general fund shall be
   24  completed from amounts collected by non-general funds or accounts pursu-
   25  ant to a fund deposit schedule. Transfers from funds that  would  result
   26  in  the loss of eligibility for federal benefits or federal funds pursu-
   27  ant to federal law, rule, or regulation as assented to in chapter 683 of
   28  the laws of 1938 and chapter 700 of the laws of 1951 are  not  permitted
   29  pursuant to this authorization.
   30    S  19. Notwithstanding any provision of law to the contrary, as deemed
   31  feasible and advisable by its trustees, the power authority of the state
   32  of New York is authorized and directed to (i) make a contribution to the
   33  state treasury to the credit  of  the  general  fund,  or  as  otherwise
   34  directed in writing by the director of the budget, in an amount of up to
   35  $90,000,000  for  the  state  fiscal  year commencing April 1, 2015, the
   36  proceeds of which will be utilized to support energy-related initiatives
   37  of the state, or for economic development purposes, and (ii) transfer up
   38  to $25,000,000 of any such contribution by June 30, 2015 and the remain-
   39  der of any such contribution by March 31, 2016.
   40    S 20. Notwithstanding any provision of law, rule or regulation to  the
   41  contrary,  the  New York State energy research and development authority
   42  is authorized and directed to make a contribution to the state  treasury
   43  to  the  credit  of  the  general fund in the amount of $64,000,000 from
   44  proceeds collected by the authority from the auction or sale  of  carbon
   45  dioxide emission allowances allocated by the department of environmental
   46  conservation  under  the Regional Greenhouse Gas Initiative on or before
   47  March 31, 2016.  No less than $49,000,000 of this amount will be  trans-
   48  ferred  to  the credit of the environmental protection fund on or before
   49  March 31, 2016 for the purpose  of  financing  projects  or  initiatives
   50  designed  to  lessen  New York state's overall greenhouse gas footprint.
   51  Preference for projects or initiatives to receive this funding  will  be
   52  given  to  cities  and towns within New York state where such greenhouse
   53  emissions that result in carbon dioxide emission allowances  are  gener-
   54  ated.  Commitments  for  these  projects  will be provided to the public
   55  service commission and the director of the budget on or before  December
   56  31, 2015.
       S. 4205                            35
    1    S  21.  Subdivision  5  of section 97-rrr of the state finance law, as
    2  amended by section 20 of part I of chapter 55 of the laws  of  2014,  is
    3  amended to read as follows:
    4    5. Notwithstanding the provisions of section one hundred seventy-one-a
    5  of  the  tax law, as separately amended by chapters four hundred eighty-
    6  one and four hundred eighty-four of the laws of nineteen hundred  eight-
    7  y-one,  and notwithstanding the provisions of chapter ninety-four of the
    8  laws of two thousand eleven, or any  other  provisions  of  law  to  the
    9  contrary,  during  the  fiscal  year beginning April first, two thousand
   10  [fourteen] FIFTEEN, the  state  comptroller  is  hereby  authorized  and
   11  directed  to  deposit  to the fund created pursuant to this section from
   12  amounts collected pursuant to article twenty-two  of  the  tax  law  and
   13  pursuant  to  a  schedule submitted by the director of the budget, up to
   14  [$3,429,375,000] $3,230,679,000, as may be certified in such schedule as
   15  necessary to meet the purposes of such fund for the fiscal  year  begin-
   16  ning April first, two thousand [fourteen] FIFTEEN.
   17    S  22.  The  comptroller  is authorized and directed to deposit to the
   18  general fund-state purposes account reimbursements from moneys appropri-
   19  ated or reappropriated to the correctional facilities  capital  improve-
   20  ment  fund  by  a  chapter  of the laws of 2015. Reimbursements shall be
   21  available for spending from appropriations made  to  the  department  of
   22  corrections and community supervision in the general fund-state purposes
   23  accounts  by a chapter of the laws of 2015 for costs associated with the
   24  administration and security of capital  projects  and  for  other  costs
   25  which are attributable, according to a plan, to such capital projects.
   26    S  23.  Notwithstanding  any  other  law,  rule,  or regulation to the
   27  contrary, the state comptroller is hereby authorized and directed to use
   28  any balance remaining in the mental health services  fund  debt  service
   29  appropriation, after payment by the state comptroller of all obligations
   30  required pursuant to any lease, sublease, or other financing arrangement
   31  between the dormitory authority of the state of New York as successor to
   32  the  New  York  state  medical  care  facilities finance agency, and the
   33  facilities development corporation pursuant to chapter 83 of the laws of
   34  1995 and the department of mental hygiene  for  the  purpose  of  making
   35  payments  to  the  dormitory  authority of the state of New York for the
   36  amount of the earnings for the investment of  monies  deposited  in  the
   37  mental health services fund that such agency determines will or may have
   38  to  be  rebated  to the federal government pursuant to the provisions of
   39  the internal revenue code of 1986, as amended, in order to  enable  such
   40  agency  to  maintain  the  exemption from federal income taxation on the
   41  interest paid to the holders of such agency's mental services facilities
   42  improvement revenue bonds. Annually on or before each  June  30th,  such
   43  agency  shall  certify to the state comptroller its determination of the
   44  amounts received in the mental health services fund as a result  of  the
   45  investment  of  monies  deposited  therein  that  will or may have to be
   46  rebated to the federal government pursuant  to  the  provisions  of  the
   47  internal revenue code of 1986, as amended.
   48    S  24.  Subdivision  8  of  section  68-b of the state finance law, as
   49  amended by section 44 of part HH of chapter 57 of the laws of  2013,  is
   50  amended to read as follows:
   51    8.  Revenue  bonds  may  only  be  issued  for authorized purposes, as
   52  defined in section sixty-eight-a of this  article.  Notwithstanding  the
   53  foregoing,  [the  dormitory  authority  of the state of New York and the
   54  urban development corporation] ANY AUTHORIZED ISSUER may  issue  revenue
   55  bonds  for  any  authorized purpose [of any other such authorized issuer
   56  through  March  thirty-first,  two  thousand  fifteen].  The  authorized
       S. 4205                            36
    1  issuers  shall  not  issue  any  revenue bonds in an amount in excess of
    2  statutory authorizations for such  authorized  purposes.  Authorizations
    3  for  such authorized purposes shall be reduced in an amount equal to the
    4  amount  of  revenue bonds issued for such authorized purposes under this
    5  article. Such reduction shall not be made in relation to  revenue  bonds
    6  issued  to  fund  reserve funds, if any, and costs of issuance, if these
    7  items are not counted under existing authorizations, nor  shall  revenue
    8  bonds issued to refund bonds issued under existing authorizations reduce
    9  the amount of such authorizations.
   10    S  25.  Subdivision 1 of section 47 of section 1 of chapter 174 of the
   11  laws of 1968, constituting the New York state urban  development  corpo-
   12  ration act, as amended by section 28 of part I of chapter 55 of the laws
   13  of 2014, is amended to read as follows:
   14    1.  Notwithstanding  the  provisions of any other law to the contrary,
   15  the dormitory authority and the corporation  are  hereby  authorized  to
   16  issue  bonds  or  notes in one or more series for the purpose of funding
   17  project costs for the office of information technology services, depart-
   18  ment of  law,  and  other  state  costs  associated  with  such  capital
   19  projects.  The  aggregate  principal  amount  of  bonds authorized to be
   20  issued pursuant to this section  shall  not  exceed  [one]  TWO  hundred
   21  [eighty-two]  SIXTY-NINE  million  [four]  ONE  hundred  forty  thousand
   22  dollars, excluding bonds issued to fund one or more debt service reserve
   23  funds, to pay costs of issuance of such bonds, and bonds or notes issued
   24  to refund or otherwise repay such bonds or notes previously issued. Such
   25  bonds and notes of the dormitory authority and the corporation shall not
   26  be a debt of the state, and the state shall not be liable  thereon,  nor
   27  shall  they be payable out of any funds other than those appropriated by
   28  the state to the dormitory authority and the corporation for  principal,
   29  interest,  and  related expenses pursuant to a service contract and such
   30  bonds and notes shall contain on the face thereof a  statement  to  such
   31  effect. Except for purposes of complying with the internal revenue code,
   32  any  interest  income  earned on bond proceeds shall only be used to pay
   33  debt service on such bonds.
   34    S 26. Section 1 of chapter 174 of the laws of 1968,  constituting  the
   35  New York state urban development corporation act, is amended by adding a
   36  new section 51 to read as follows:
   37    S  51.  1.  NOTWITHSTANDING  THE  PROVISIONS  OF  ANY OTHER LAW TO THE
   38  CONTRARY, THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT  CORPORATION
   39  ARE  HEREBY AUTHORIZED TO ISSUE BONDS OR NOTES IN ONE OR MORE SERIES FOR
   40  THE PURPOSE OF FUNDING PROJECT COSTS FOR  THE  NONPROFIT  INFRASTRUCTURE
   41  CAPITAL  INVESTMENT  PROGRAM  AND OTHER STATE COSTS ASSOCIATED WITH SUCH
   42  CAPITAL PROJECTS. THE AGGREGATE PRINCIPAL AMOUNT OF BONDS AUTHORIZED  TO
   43  BE  ISSUED  PURSUANT  TO  THIS  SECTION  SHALL  NOT EXCEED FIFTY MILLION
   44  DOLLARS, EXCLUDING BONDS ISSUED TO FUND ONE OR MORE DEBT SERVICE RESERVE
   45  FUNDS, TO PAY COSTS OF ISSUANCE OF SUCH BONDS, AND BONDS OR NOTES ISSUED
   46  TO REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED. SUCH
   47  BONDS AND NOTES OF THE DORMITORY AUTHORITY  AND  THE  URBAN  DEVELOPMENT
   48  CORPORATION SHALL NOT BE A DEBT OF THE STATE, AND THE STATE SHALL NOT BE
   49  LIABLE  THEREON,  NOR  SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN
   50  THOSE APPROPRIATED BY THE STATE TO THE DORMITORY AUTHORITY AND THE URBAN
   51  DEVELOPMENT CORPORATION FOR PRINCIPAL, INTEREST,  AND  RELATED  EXPENSES
   52  PURSUANT TO A SERVICE CONTRACT AND SUCH BONDS AND NOTES SHALL CONTAIN ON
   53  THE  FACE  THEREOF  A  STATEMENT  TO SUCH EFFECT. EXCEPT FOR PURPOSES OF
   54  COMPLYING WITH THE INTERNAL REVENUE CODE, ANY INTEREST INCOME EARNED  ON
   55  BOND PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS.
       S. 4205                            37
    1    2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, IN
    2  ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
    3  RATION IN UNDERTAKING THE FINANCING FOR PROJECT COSTS FOR THE  NONPROFIT
    4  INFRASTRUCTURE  CAPITAL INVESTMENT PROGRAM AND OTHER STATE COSTS ASSOCI-
    5  ATED  WITH  SUCH  CAPITAL PROJECTS, THE DIRECTOR OF THE BUDGET IS HEREBY
    6  AUTHORIZED TO ENTER INTO ONE OR MORE SERVICE CONTRACTS WITH THE DORMITO-
    7  RY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION, NONE OF WHICH  SHALL
    8  EXCEED  THIRTY  YEARS IN DURATION, UPON SUCH TERMS AND CONDITIONS AS THE
    9  DIRECTOR OF THE BUDGET AND THE DORMITORY AUTHORITY AND THE URBAN  DEVEL-
   10  OPMENT  CORPORATION  AGREE,  SO  AS TO ANNUALLY PROVIDE TO THE DORMITORY
   11  AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION, IN THE AGGREGATE, A SUM
   12  NOT TO EXCEED THE PRINCIPAL, INTEREST, AND RELATED EXPENSES REQUIRED FOR
   13  SUCH BONDS AND NOTES. ANY SERVICE CONTRACT ENTERED INTO PURSUANT TO THIS
   14  SECTION SHALL PROVIDE THAT THE OBLIGATION OF THE STATE TO PAY THE AMOUNT
   15  THEREIN PROVIDED SHALL NOT CONSTITUTE A DEBT OF  THE  STATE  WITHIN  THE
   16  MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED
   17  EXECUTORY  ONLY  TO THE EXTENT OF MONIES AVAILABLE AND THAT NO LIABILITY
   18  SHALL BE INCURRED BY THE STATE BEYOND  THE  MONIES  AVAILABLE  FOR  SUCH
   19  PURPOSE,  SUBJECT  TO  ANNUAL APPROPRIATION BY THE LEGISLATURE. ANY SUCH
   20  CONTRACT OR ANY PAYMENTS MADE OR TO BE MADE THEREUNDER MAY  BE  ASSIGNED
   21  AND  PLEDGED BY THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
   22  RATION AS SECURITY FOR ITS  BONDS  AND  NOTES,  AS  AUTHORIZED  BY  THIS
   23  SECTION.
   24    S 27. Subdivision 1 of section 16 of part D of chapter 389 of the laws
   25  of  1997,  relating  to  the  financing  of  the correctional facilities
   26  improvement fund and the youth facility improvement fund, as amended  by
   27  section  29  of  part I of chapter 55 of the laws of 2014, is amended to
   28  read as follows:
   29    1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
   30  notwithstanding the provisions of section 18 of section 1 of chapter 174
   31  of the laws of 1968, the New York state urban development corporation is
   32  hereby  authorized  to  issue  bonds,  notes and other obligations in an
   33  aggregate principal amount not  to  exceed  seven  billion  one  hundred
   34  [forty-eight]  SIXTY-THREE  million  THREE  HUNDRED  sixty-nine thousand
   35  dollars [$7,148,069,000] $7,163,369,000, and shall  include  all  bonds,
   36  notes and other obligations issued pursuant to chapter 56 of the laws of
   37  1983,  as  amended or supplemented. The proceeds of such bonds, notes or
   38  other obligations shall be paid to the state, for deposit in the correc-
   39  tional facilities capital improvement fund to pay for all or any portion
   40  of the amount or amounts paid by the state from appropriations or  reap-
   41  propriations  made to the department of corrections and community super-
   42  vision from the correctional facilities  capital  improvement  fund  for
   43  capital  projects.  The  aggregate amount of bonds, notes or other obli-
   44  gations authorized to be issued pursuant to this section  shall  exclude
   45  bonds,  notes  or  other obligations issued to refund or otherwise repay
   46  bonds, notes or other obligations theretofore issued,  the  proceeds  of
   47  which  were  paid  to  the  state  for  all  or a portion of the amounts
   48  expended by the state from appropriations or  reappropriations  made  to
   49  the  department  of  corrections  and  community  supervision; provided,
   50  however, that upon any such refunding or repayment the  total  aggregate
   51  principal amount of outstanding bonds, notes or other obligations may be
   52  greater than seven billion one hundred [forty-eight] SIXTY-THREE million
   53  THREE    HUNDRED    sixty-nine    thousand    dollars   [$7,148,069,000]
   54  $7,163,369,000, only if the present value of the aggregate debt  service
   55  of  the  refunding  or repayment bonds, notes or other obligations to be
   56  issued shall not exceed the present value of the aggregate debt  service
       S. 4205                            38
    1  of  the  bonds,  notes or other obligations so to be refunded or repaid.
    2  For the purposes hereof, the present value of the aggregate debt service
    3  of the refunding or repayment bonds, notes or other obligations  and  of
    4  the  aggregate  debt service of the bonds, notes or other obligations so
    5  refunded or repaid, shall  be  calculated  by  utilizing  the  effective
    6  interest  rate of the refunding or repayment bonds, notes or other obli-
    7  gations, which shall be that rate arrived at by doubling the semi-annual
    8  interest rate (compounded semi-annually) necessary to discount the  debt
    9  service  payments  on  the  refunding or repayment bonds, notes or other
   10  obligations from the payment dates thereof to the date of issue  of  the
   11  refunding  or  repayment  bonds,  notes  or other obligations and to the
   12  price bid including estimated accrued interest or proceeds  received  by
   13  the corporation including estimated accrued interest from the sale ther-
   14  eof.
   15    S  28.  Paragraph  (a) of subdivision 2 of section 47-e of the private
   16  housing finance law, as amended by section 30 of part I of chapter 55 of
   17  the laws of 2014, is amended to read as follows:
   18    (a) Subject to the provisions of chapter fifty-nine of the laws of two
   19  thousand, in order to enhance and encourage  the  promotion  of  housing
   20  programs  and thereby achieve the stated purposes and objectives of such
   21  housing programs, the agency shall have the power and is hereby  author-
   22  ized  from  time  to  time to issue negotiable housing program bonds and
   23  notes in such principal amount as shall be necessary to  provide  suffi-
   24  cient  funds  for the repayment of amounts disbursed (and not previously
   25  reimbursed) pursuant to law or any prior year making  capital  appropri-
   26  ations  or  reappropriations  for  the  purposes of the housing program;
   27  provided, however, that the agency may issue such bonds and notes in  an
   28  aggregate  principal amount not exceeding [two] THREE billion [nine] ONE
   29  hundred [ninety-nine]  FIFTY-THREE  million  SEVEN  HUNDRED  ninety-nine
   30  thousand  dollars,  plus  a principal amount of bonds issued to fund the
   31  debt service reserve fund in accordance with the  debt  service  reserve
   32  fund  requirement  established  by  the  agency  and  to  fund any other
   33  reserves that the agency reasonably deems necessary for the security  or
   34  marketability  of  such bonds and to provide for the payment of fees and
   35  other charges and expenses, including  underwriters'  discount,  trustee
   36  and rating agency fees, bond insurance, credit enhancement and liquidity
   37  enhancement  related to the issuance of such bonds and notes. No reserve
   38  fund securing the housing program bonds shall be entitled or eligible to
   39  receive state funds apportioned or appropriated to maintain  or  restore
   40  such  reserve  fund at or to a particular level, except to the extent of
   41  any deficiency resulting directly or indirectly from a  failure  of  the
   42  state to appropriate or pay the agreed amount under any of the contracts
   43  provided for in subdivision four of this section.
   44    S  29.  Subdivision  (b)  of  section 11 of chapter 329 of the laws of
   45  1991, amending the state finance law and  other  laws  relating  to  the
   46  establishment of the dedicated highway and bridge trust fund, as amended
   47  by section 31 of part I of chapter 55 of the laws of 2014, is amended to
   48  read as follows:
   49    (b) Any service contract or contracts for projects authorized pursuant
   50  to  sections  10-c,  10-f,  10-g and 80-b of the highway law and section
   51  14-k of the transportation law, and entered into pursuant to subdivision
   52  (a) of this section, shall provide  for  state  commitments  to  provide
   53  annually  to  the  thruway  authority a sum or sums, upon such terms and
   54  conditions as shall be deemed appropriate by the director of the budget,
   55  to fund, or fund the debt service requirements of any bonds or any obli-
   56  gations of the thruway authority issued to  fund  or  to  reimburse  the
       S. 4205                            39
    1  state  for  funding  such  projects  having  a  cost  not  in  excess of
    2  [$8,120,728,000] $8,608,881,000 cumulatively by the end of  fiscal  year
    3  [2014-15] 2015-16.
    4    S  30.  Subdivision 1 of section 1689-i of the public authorities law,
    5  as amended by section 32 of part I of chapter 55 of the laws of 2014, is
    6  amended to read as follows:
    7    1. The dormitory authority  is  authorized  to  issue  bonds,  at  the
    8  request  of  the  commissioner of education, to finance eligible library
    9  construction projects pursuant to section two hundred seventy-three-a of
   10  the education law, in amounts certified  by  such  commissioner  not  to
   11  exceed  a total principal amount of [one hundred twenty-six] ONE HUNDRED
   12  FORTY million dollars.
   13    S 31. Subdivision (a) of section 27 of part Y of  chapter  61  of  the
   14  laws  of  2005,  providing  for  the administration of certain funds and
   15  accounts related to the 2005-2006 budget, as amended by  section  33  of
   16  part I of chapter 55 of the laws of 2014, is amended to read as follows:
   17    (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
   18  notwithstanding any provisions of law to the contrary, the urban  devel-
   19  opment  corporation  is hereby authorized to issue bonds or notes in one
   20  or  more  series  in  an  aggregate  principal  amount  not  to   exceed
   21  [$149,600,000]  $155,600,000,  excluding  bonds issued to finance one or
   22  more debt service reserve funds, to pay costs of issuance of such bonds,
   23  and bonds or notes issued to refund or otherwise  repay  such  bonds  or
   24  notes  previously  issued, for the purpose of financing capital projects
   25  including IT initiatives for the division of state police, debt  service
   26  and  leases;  and  to reimburse the state general fund for disbursements
   27  made therefor. Such bonds and notes of such authorized issuer shall  not
   28  be  a  debt of the state, and the state shall not be liable thereon, nor
   29  shall they be payable out of any funds other than those appropriated  by
   30  the  state  to  such  authorized  issuer  for  debt  service and related
   31  expenses pursuant to any service contract executed pursuant to  subdivi-
   32  sion  (b)  of this section and such bonds and notes shall contain on the
   33  face thereof a statement to such effect. Except for purposes of  comply-
   34  ing  with  the internal revenue code, any interest income earned on bond
   35  proceeds shall only be used to pay debt service on such bonds.
   36    S 32. Section 44 of section 1 of chapter 174  of  the  laws  of  1968,
   37  constituting  the  New  York state urban development corporation act, as
   38  amended by section 34 of part I of chapter 55 of the laws  of  2014,  is
   39  amended to read as follows:
   40    S  44.  Issuance  of  certain  bonds  or notes. 1. Notwithstanding the
   41  provisions of any other law to the contrary, the dormitory authority and
   42  the corporation are hereby authorized to issue bonds or notes in one  or
   43  more  series  for  the purpose of funding project costs for the regional
   44  economic development council  initiative,  the  economic  transformation
   45  program,  state university of New York college for nanoscale and science
   46  engineering, projects within the city of Buffalo  or  surrounding  envi-
   47  rons,  the  New  York  works economic development fund, projects for the
   48  retention of professional football in western New York, the empire state
   49  economic development fund, the  clarkson-trudeau  partnership,  the  New
   50  York  genome  center, the cornell university college of veterinary medi-
   51  cine, the olympic regional development  authority,  a  project  at  nano
   52  Utica,  onondaga  county  revitalization projects, BINGHAMTON UNIVERSITY
   53  SCHOOL OF PHARMACY, NEW YORK POWER ELECTRONICS MANUFACTURING CONSORTIUM,
   54  and other state costs associated with such projects. The aggregate prin-
   55  cipal amount of bonds authorized to be issued pursuant to  this  section
   56  shall  not  exceed  two  billion [two] FOUR hundred [three] EIGHTY-EIGHT
       S. 4205                            40
    1  million two hundred fifty-seven thousand dollars, excluding bonds issued
    2  to fund one or more debt service reserve funds, to pay costs of issuance
    3  of such bonds, and bonds or notes issued to refund  or  otherwise  repay
    4  such  bonds  or  notes  previously  issued.  Such bonds and notes of the
    5  dormitory authority and the corporation shall  not  be  a  debt  of  the
    6  state,  and  the  state  shall  not be liable thereon, nor shall they be
    7  payable out of any funds other than those appropriated by the  state  to
    8  the dormitory authority and the corporation for principal, interest, and
    9  related expenses pursuant to a service contract and such bonds and notes
   10  shall contain on the face thereof a statement to such effect. Except for
   11  purposes  of  complying  with  the  internal  revenue code, any interest
   12  income earned on bond proceeds shall only be used to pay debt service on
   13  such bonds.
   14    2. Notwithstanding any other provision of  law  to  the  contrary,  in
   15  order to assist the dormitory authority and the corporation in undertak-
   16  ing  the  financing for project costs for the regional economic develop-
   17  ment council initiative,  the  economic  transformation  program,  state
   18  university  of  New  York college for nanoscale and science engineering,
   19  projects within the city of Buffalo or  surrounding  environs,  the  New
   20  York  works  economic  development  fund,  projects for the retention of
   21  professional football in western New York,  the  empire  state  economic
   22  development  fund, the clarkson-trudeau partnership, the New York genome
   23  center, the cornell university college of veterinary medicine, the olym-
   24  pic regional development authority, a project at  nano  Utica,  onondaga
   25  county  revitalization projects, BINGHAMTON UNIVERSITY SCHOOL OF PHARMA-
   26  CY, NEW YORK POWER ELECTRONICS MANUFACTURING CONSORTIUM, and other state
   27  costs associated with such projects, the director of the budget is here-
   28  by authorized to enter into one  or  more  service  contracts  with  the
   29  dormitory  authority  and  the  corporation,  none of which shall exceed
   30  thirty years in duration, upon such terms and conditions as the director
   31  of the budget and the dormitory authority and the corporation agree,  so
   32  as  to  annually provide to the dormitory authority and the corporation,
   33  in the aggregate, a sum not  to  exceed  the  principal,  interest,  and
   34  related expenses required for such bonds and notes. Any service contract
   35  entered  into pursuant to this section shall provide that the obligation
   36  of the state to pay the amount therein provided shall not  constitute  a
   37  debt  of the state within the meaning of any constitutional or statutory
   38  provision and shall be deemed executory only to  the  extent  of  monies
   39  available  and  that  no liability shall be incurred by the state beyond
   40  the monies available for such purpose, subject to  annual  appropriation
   41  by the legislature. Any such contract or any payments made or to be made
   42  thereunder  may  be  assigned and pledged by the dormitory authority and
   43  the corporation as security for its bonds and notes,  as  authorized  by
   44  this section.
   45    S  33.  Subdivision 3 of section 1285-p of the public authorities law,
   46  as amended by section 35 of part I of chapter 55 of the laws of 2014, is
   47  amended to read as follows:
   48    3. The maximum amount of bonds that may be issued for the  purpose  of
   49  financing  environmental  infrastructure  projects  authorized  by  this
   50  section shall be one billion [three] FIVE hundred [ninety-eight]  SEVEN-
   51  TY-FIVE million [two] SEVEN hundred sixty thousand dollars, exclusive of
   52  bonds  issued to fund any debt service reserve funds, pay costs of issu-
   53  ance of such bonds, and bonds or notes issued  to  refund  or  otherwise
   54  repay  bonds  or  notes  previously  issued. Such bonds and notes of the
   55  corporation shall not be a debt of the state, and the state shall not be
   56  liable thereon, nor shall they be payable out of any  funds  other  than
       S. 4205                            41
    1  those  appropriated by the state to the corporation for debt service and
    2  related expenses pursuant to any service contracts executed pursuant  to
    3  subdivision  one of this section, and such bonds and notes shall contain
    4  on the face thereof a statement to such effect.
    5    S  34.  Subdivision 1 of section 45 of section 1 of chapter 174 of the
    6  laws of 1968, constituting the New York state urban  development  corpo-
    7  ration act, as amended by section 37 of part I of chapter 55 of the laws
    8  of 2014, is amended to read as follows:
    9    1.  Notwithstanding  the  provisions of any other law to the contrary,
   10  the urban development corporation of the state of  New  York  is  hereby
   11  authorized to issue bonds or notes in one or more series for the purpose
   12  of funding project costs for the implementation of a NY-SUNY and NY-CUNY
   13  2020  challenge  grant  program subject to the approval of a NY-SUNY and
   14  NY-CUNY 2020 plan or plans by the governor and either the chancellor  of
   15  the state university of New York or the chancellor of the city universi-
   16  ty  of  New York, as applicable. The aggregate principal amount of bonds
   17  authorized to be issued  pursuant  to  this  section  shall  not  exceed
   18  [$330,000,000]  $440,000,000, excluding bonds issued to fund one or more
   19  debt service reserve funds, to pay costs of issuance of such bonds,  and
   20  bonds  or  notes issued to refund or otherwise repay such bonds or notes
   21  previously issued. Such bonds and notes of the corporation shall not  be
   22  a  debt  of  the  state,  and the state shall not be liable thereon, nor
   23  shall they be payable out of any funds other than those appropriated  by
   24  the  state  to  the  corporation  for  principal,  interest, and related
   25  expenses pursuant to a service contract and such bonds and  notes  shall
   26  contain  on  the  face  thereof  a  statement to such effect. Except for
   27  purposes of complying with  the  internal  revenue  code,  any  interest
   28  income earned on bond proceeds shall only be used to pay debt service on
   29  such bonds.
   30    S  35.  Subdivision  (a)  of section 48 of part K of chapter 81 of the
   31  laws of 2002, providing for the  administration  of  certain  funds  and
   32  accounts  related  to  the 2002-2003 budget, as amended by section 38 of
   33  part I of chapter 55 of the laws of 2014, is amended to read as follows:
   34    (a) Subject to the provisions of chapter 59 of the laws  of  2000  but
   35  notwithstanding  the  provisions  of section 18 of the urban development
   36  corporation act, the corporation is hereby authorized to issue bonds  or
   37  notes  in  one  or  more  series in an aggregate principal amount not to
   38  exceed $197,000,000 excluding bonds issued to  fund  one  or  more  debt
   39  service reserve funds, to pay costs of issuance of such bonds, and bonds
   40  or  notes issued to refund or otherwise repay such bonds or notes previ-
   41  ously issued, for the purpose of  financing  capital  costs  related  to
   42  homeland  security  and  training  facilities  for the division of state
   43  police, the division of military and naval affairs, and any other  state
   44  agency,  including  the reimbursement of any disbursements made from the
   45  state capital projects fund, and is hereby authorized to issue bonds  or
   46  notes  in  one  or  more  series in an aggregate principal amount not to
   47  exceed [$317,800,000] $469,800,000, excluding bonds issued to  fund  one
   48  or  more  debt  service  reserve funds, to pay costs of issuance of such
   49  bonds, and bonds or notes issued to refund or otherwise repay such bonds
   50  or notes previously issued, for the purpose of financing improvements to
   51  State office buildings and other facilities located statewide, including
   52  the reimbursement of any  disbursements  made  from  the  state  capital
   53  projects  fund.  Such  bonds and notes of the corporation shall not be a
   54  debt of the state, and the state shall not be liable thereon, nor  shall
   55  they  be  payable  out of any funds other than those appropriated by the
   56  state to the corporation for debt service and related expenses  pursuant
       S. 4205                            42
    1  to  any  service  contracts executed pursuant to subdivision (b) of this
    2  section, and such bonds and notes shall contain on the  face  thereof  a
    3  statement to such effect.
    4    S 36. Intentionally omitted.
    5    S  37.  Paragraph  (c) of subdivision 19 of section 1680 of the public
    6  authorities law, as amended by section 40 of part I of chapter 55 of the
    7  laws of 2014, is amended to read as follows:
    8    (c) Subject to the provisions of chapter fifty-nine of the laws of two
    9  thousand, the dormitory authority shall not issue any  bonds  for  state
   10  university  educational  facilities  purposes if the principal amount of
   11  bonds to be issued when added to the aggregate principal amount of bonds
   12  issued by the dormitory authority on  and  after  July  first,  nineteen
   13  hundred  eighty-eight  for  state university educational facilities will
   14  exceed  [ten]  ELEVEN   billion   [nine]   TWO   hundred   [eighty-four]
   15  TWENTY-EIGHT million dollars; provided, however, that bonds issued or to
   16  be  issued shall be excluded from such limitation if: (1) such bonds are
   17  issued to refund state university construction bonds and state universi-
   18  ty construction notes previously issued by the housing  finance  agency;
   19  or  (2)  such bonds are issued to refund bonds of the authority or other
   20  obligations issued for state university educational facilities  purposes
   21  and  the  present  value  of the aggregate debt service on the refunding
   22  bonds does not exceed the present value of the aggregate debt service on
   23  the bonds refunded thereby; provided, further that upon certification by
   24  the director of the budget that the issuance of refunding bonds or other
   25  obligations issued between April first, nineteen hundred ninety-two  and
   26  March  thirty-first,  nineteen  hundred  ninety-three will generate long
   27  term economic benefits to the state, as  assessed  on  a  present  value
   28  basis,  such  issuance will be deemed to have met the present value test
   29  noted above. For purposes of this subdivision, the present value of  the
   30  aggregate  debt  service  of  the refunding bonds and the aggregate debt
   31  service of the bonds refunded, shall be calculated by utilizing the true
   32  interest cost of the refunding bonds, which shall be that  rate  arrived
   33  at  by doubling the semi-annual interest rate (compounded semi-annually)
   34  necessary to discount the debt service payments on the  refunding  bonds
   35  from  the  payment  dates  thereof to the date of issue of the refunding
   36  bonds to the purchase price of the refunding bonds,  including  interest
   37  accrued  thereon  prior  to  the  issuance thereof. The maturity of such
   38  bonds, other than bonds issued to refund outstanding  bonds,  shall  not
   39  exceed  the  weighted  average  economic life, as certified by the state
   40  university construction fund, of the facilities in connection with which
   41  the bonds are issued, and in any case not  later  than  the  earlier  of
   42  thirty  years  or  the  expiration of the term of any lease, sublease or
   43  other agreement relating  thereto;  provided  that  no  note,  including
   44  renewals  thereof,  shall mature later than five years after the date of
   45  issuance of such note. The legislature reserves the right  to  amend  or
   46  repeal  such  limit, and the state of New York, the dormitory authority,
   47  the state university of New York, and the state university  construction
   48  fund are prohibited from covenanting or making any other agreements with
   49  or  for  the  benefit  of bondholders which might in any way affect such
   50  right.
   51    S 38. Paragraph (c) of subdivision 14 of section 1680  of  the  public
   52  authorities law, as amended by section 41 of part I of chapter 55 of the
   53  laws of 2014, is amended to read as follows:
   54    (c) Subject to the provisions of chapter fifty-nine of the laws of two
   55  thousand,  (i)  the  dormitory  authority  shall not deliver a series of
   56  bonds for city university community college facilities, except to refund
       S. 4205                            43
    1  or to be substituted for or in lieu of other bonds in relation  to  city
    2  university  community college facilities pursuant to a resolution of the
    3  dormitory authority adopted before July first, nineteen hundred  eighty-
    4  five  or any resolution supplemental thereto, if the principal amount of
    5  bonds so to be issued when added  to  all  principal  amounts  of  bonds
    6  previously  issued by the dormitory authority for city university commu-
    7  nity college facilities, except to refund or to be substituted  in  lieu
    8  of  other bonds in relation to city university community college facili-
    9  ties will exceed the sum of four hundred twenty-five million dollars and
   10  (ii) the dormitory authority shall not deliver a series of bonds  issued
   11  for  city university facilities, including community college facilities,
   12  pursuant to a resolution of the dormitory authority adopted on or  after
   13  July  first,  nineteen  hundred  eighty-five,  except to refund or to be
   14  substituted for or in lieu of other bonds in relation to city university
   15  facilities and except for bonds issued pursuant to a resolution  supple-
   16  mental  to a resolution of the dormitory authority adopted prior to July
   17  first, nineteen hundred eighty-five, if the principal amount of bonds so
   18  to be issued when added to the  principal  amount  of  bonds  previously
   19  issued pursuant to any such resolution, except bonds issued to refund or
   20  to  be  substituted  for  or  in lieu of other bonds in relation to city
   21  university facilities, will exceed seven  billion  [two]  THREE  hundred
   22  [seventy-three]  NINETY-TWO  million  [three] SEVEN hundred [thirty-one]
   23  FIFTY-THREE thousand dollars. The  legislature  reserves  the  right  to
   24  amend  or  repeal  such  limit, and the state of New York, the dormitory
   25  authority, the city university, and the fund are prohibited from  coven-
   26  anting  or  making any other agreements with or for the benefit of bond-
   27  holders which might in any way affect such right.
   28    S 39. Subdivision 10-a of section 1680 of the public authorities  law,
   29  as amended by section 42 of part I of chapter 55 of the laws of 2014, is
   30  amended to read as follows:
   31    10-a.  Subject  to the provisions of chapter fifty-nine of the laws of
   32  two thousand, but notwithstanding any other provision of the law to  the
   33  contrary, the maximum amount of bonds and notes to be issued after March
   34  thirty-first,  two  thousand two, on behalf of the state, in relation to
   35  any locally sponsored community college, shall be [seven] EIGHT  hundred
   36  [seventy-six]   THIRTY-EIGHT   million   [three]   FOUR  hundred  [five]
   37  FIFTY-EIGHT thousand dollars. Such amount shall be  exclusive  of  bonds
   38  and  notes  issued  to fund any reserve fund or funds, costs of issuance
   39  and to refund any outstanding bonds and notes, issued on behalf  of  the
   40  state, relating to a locally sponsored community college.
   41    S  40.  Section  1680-r  of  the  public  authorities law, as added by
   42  section 43 of part I of chapter 55 of the laws of 2014,  is  amended  to
   43  read as follows:
   44    S  1680-r.  Authorization  for  the  issuance of bonds for the capital
   45  restructuring financing program. 1. Notwithstanding  the  provisions  of
   46  any  other  law  to  the contrary, the dormitory authority and the urban
   47  development corporation are hereby authorized to issue bonds or notes in
   48  one or more series for the purpose of  funding  project  costs  for  the
   49  capital  restructuring  financing  program  for  health care and related
   50  facilities licensed pursuant to the public  health  law  or  the  mental
   51  hygiene law and other state costs associated with such capital projects.
   52  The aggregate principal amount of bonds authorized to be issued pursuant
   53  to  this section shall not exceed one billion [two] NINE hundred million
   54  dollars, excluding bonds issued to fund one or more debt service reserve
   55  funds, to pay costs of issuance of such bonds, and bonds or notes issued
   56  to refund or otherwise repay such bonds or notes previously issued. Such
       S. 4205                            44
    1  bonds and notes of the dormitory authority  and  the  urban  development
    2  corporation shall not be a debt of the state, and the state shall not be
    3  liable  thereon,  nor  shall they be payable out of any funds other than
    4  those appropriated by the state to the dormitory authority and the urban
    5  development  corporation  for  principal, interest, and related expenses
    6  pursuant to a service contract and such bonds and notes shall contain on
    7  the face thereof a statement to such  effect.  Except  for  purposes  of
    8  complying  with the internal revenue code, any interest income earned on
    9  bond proceeds shall only be used to pay debt service on such bonds.
   10    2. Notwithstanding any other provision of  law  to  the  contrary,  in
   11  order to assist the dormitory authority and the urban development corpo-
   12  ration  in  undertaking  the financing for project costs for the capital
   13  restructuring financing program for health care and  related  facilities
   14  licensed pursuant to the public health law or the mental hygiene law and
   15  other state costs associated with such capital projects, the director of
   16  the  budget  is  hereby  authorized  to  enter  into one or more service
   17  contracts with the dormitory authority and the urban development  corpo-
   18  ration,  none  of which shall exceed thirty years in duration, upon such
   19  terms and conditions as the director of the  budget  and  the  dormitory
   20  authority and the urban development corporation agree, so as to annually
   21  provide  to  the  dormitory  authority  and the urban development corpo-
   22  ration, in the aggregate, a sum not to exceed the  principal,  interest,
   23  and  related  expenses  required  for  such bonds and notes. Any service
   24  contract entered into pursuant to this section shall  provide  that  the
   25  obligation  of  the  state  to pay the amount therein provided shall not
   26  constitute a debt of the state within the meaning of any  constitutional
   27  or  statutory provision and shall be deemed executory only to the extent
   28  of monies available and that no liability shall be incurred by the state
   29  beyond the monies available for such purpose, subject to  annual  appro-
   30  priation  by  the legislature. Any such contract or any payments made or
   31  to be made thereunder may be  assigned  and  pledged  by  the  dormitory
   32  authority  and  the  urban  development  corporation as security for its
   33  bonds and notes, as authorized by this section.
   34    S 41. Subdivision 1 of section 17 of part D of chapter 389 of the laws
   35  of 1997, relating  to  the  financing  of  the  correctional  facilities
   36  improvement  fund and the youth facility improvement fund, as amended by
   37  section 44 of part I of chapter 55 of the laws of 2014,  is  amended  to
   38  read as follows:
   39    1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
   40  notwithstanding the provisions of section 18 of section 1 of chapter 174
   41  of the laws of 1968, the New York state urban development corporation is
   42  hereby authorized to issue bonds, notes  and  other  obligations  in  an
   43  aggregate principal amount not to exceed [four] SIX hundred [sixty-five]
   44  ELEVEN million [three] TWO hundred [sixty-five] FIFTEEN thousand dollars
   45  [($465,365,000)]   ($611,215,000),  which  authorization  increases  the
   46  aggregate principal amount of bonds, notes and other obligations author-
   47  ized by section 40 of chapter 309 of the laws of 1996, and shall include
   48  all bonds, notes and other obligations issued pursuant to chapter 211 of
   49  the laws of 1990, as amended  or  supplemented.  The  proceeds  of  such
   50  bonds, notes or other obligations shall be paid to the state, for depos-
   51  it  in  the  youth  facilities  improvement  fund, to pay for all or any
   52  portion of the amount or amounts paid by the state  from  appropriations
   53  or  reappropriations  made to the office of children and family services
   54  from the youth facilities improvement fund  for  capital  projects.  The
   55  aggregate  amount of bonds, notes and other obligations authorized to be
   56  issued pursuant to this section shall  exclude  bonds,  notes  or  other
       S. 4205                            45
    1  obligations  issued  to  refund or otherwise repay bonds, notes or other
    2  obligations theretofore issued, the proceeds of which were paid  to  the
    3  state  for  all  or  a portion of the amounts expended by the state from
    4  appropriations  or  reappropriations  made to the office of children and
    5  family services; provided, however, that  upon  any  such  refunding  or
    6  repayment  the  total  aggregate  principal amount of outstanding bonds,
    7  notes or other obligations  may  be  greater  than  [four]  SIX  hundred
    8  [sixty-five]  ELEVEN  million  [three]  TWO hundred [sixty-five] FIFTEEN
    9  thousand dollars [($465,365,000)] ($611,215,000), only  if  the  present
   10  value of the aggregate debt service of the refunding or repayment bonds,
   11  notes  or  other  obligations  to be issued shall not exceed the present
   12  value of the aggregate debt service of the bonds, notes or  other  obli-
   13  gations  so to be refunded or repaid. For the purposes hereof, the pres-
   14  ent value of the aggregate debt service of the  refunding  or  repayment
   15  bonds,  notes  or other obligations and of the aggregate debt service of
   16  the bonds, notes or other obligations so refunded or  repaid,  shall  be
   17  calculated  by utilizing the effective interest rate of the refunding or
   18  repayment bonds, notes or other obligations, which shall  be  that  rate
   19  arrived  at  by doubling the semi-annual interest rate (compounded semi-
   20  annually) necessary to discount the debt service payments on the refund-
   21  ing or repayment bonds, notes or  other  obligations  from  the  payment
   22  dates  thereof to the date of issue of the refunding or repayment bonds,
   23  notes or other obligations and to  the  price  bid  including  estimated
   24  accrued interest or proceeds received by the corporation including esti-
   25  mated accrued interest from the sale thereof.
   26    S  42.  Paragraph  b  of  subdivision 2 of section 9-a of section 1 of
   27  chapter 392 of the laws of 1973, constituting the New York state medical
   28  care facilities finance agency act, as amended by section 46 of  part  I
   29  of chapter 55 of the laws of 2014, is amended to read as follows:
   30    b.  The  agency shall have power and is hereby authorized from time to
   31  time to issue negotiable bonds and notes in conformity  with  applicable
   32  provisions  of  the uniform commercial code in such principal amount as,
   33  in the opinion of the agency, shall  be  necessary,  after  taking  into
   34  account  other moneys which may be available for the purpose, to provide
   35  sufficient funds to  the  facilities  development  corporation,  or  any
   36  successor agency, for the financing or refinancing of or for the design,
   37  construction, acquisition, reconstruction, rehabilitation or improvement
   38  of  mental  health  services  facilities pursuant to paragraph a of this
   39  subdivision, the payment of interest on mental health services  improve-
   40  ment  bonds and mental health services improvement notes issued for such
   41  purposes, the establishment of reserves to secure such bonds and  notes,
   42  the  cost  or  premium  of  bond insurance or the costs of any financial
   43  mechanisms which may be used to reduce the debt service  that  would  be
   44  payable  by the agency on its mental health services facilities improve-
   45  ment bonds and notes and all other expenditures of the  agency  incident
   46  to  and  necessary or convenient to providing the facilities development
   47  corporation, or any successor agency, with funds for  the  financing  or
   48  refinancing of or for any such design, construction, acquisition, recon-
   49  struction, rehabilitation or improvement and for the refunding of mental
   50  hygiene improvement bonds issued pursuant to section 47-b of the private
   51  housing  finance law; provided, however, that the agency shall not issue
   52  mental health services facilities improvement bonds  and  mental  health
   53  services  facilities  improvement notes in an aggregate principal amount
   54  exceeding seven billion [four] SEVEN  hundred  [thirty-five]  TWENTY-TWO
   55  million  eight hundred fifteen thousand dollars, excluding mental health
   56  services facilities improvement bonds and mental health services facili-
       S. 4205                            46
    1  ties improvement  notes  issued  to  refund  outstanding  mental  health
    2  services facilities improvement bonds and mental health services facili-
    3  ties  improvement notes; provided, however, that upon any such refunding
    4  or  repayment  of  mental  health  services facilities improvement bonds
    5  and/or mental health services facilities  improvement  notes  the  total
    6  aggregate principal amount of outstanding mental health services facili-
    7  ties  improvement  bonds  and mental health facilities improvement notes
    8  may be greater than seven billion  [four]  SEVEN  hundred  [thirty-five]
    9  TWENTY-TWO  million  eight  hundred  fifteen  thousand  dollars only if,
   10  except as hereinafter provided with respect to  mental  health  services
   11  facilities  bonds  and mental health services facilities notes issued to
   12  refund mental hygiene improvement bonds authorized to be issued pursuant
   13  to the provisions of section 47-b of the private  housing  finance  law,
   14  the  present  value  of  the  aggregate debt service of the refunding or
   15  repayment bonds to be issued shall not exceed the present value  of  the
   16  aggregate  debt  service  of  the  bonds  to  be refunded or repaid. For
   17  purposes hereof, the present values of the aggregate debt service of the
   18  refunding or repayment bonds, notes or  other  obligations  and  of  the
   19  aggregate  debt  service  of  the  bonds,  notes or other obligations so
   20  refunded or repaid, shall  be  calculated  by  utilizing  the  effective
   21  interest  rate of the refunding or repayment bonds, notes or other obli-
   22  gations, which shall be that rate arrived at by doubling the semi-annual
   23  interest rate (compounded semi-annually) necessary to discount the  debt
   24  service  payments  on  the  refunding or repayment bonds, notes or other
   25  obligations from the payment dates thereof to the date of issue  of  the
   26  refunding  or  repayment  bonds,  notes  or other obligations and to the
   27  price bid including estimated accrued interest or proceeds  received  by
   28  the  authority including estimated accrued interest from the sale there-
   29  of. Such bonds, other than bonds issued  to  refund  outstanding  bonds,
   30  shall  be  scheduled  to  mature  over  a term not to exceed the average
   31  useful life, as certified by the facilities development corporation,  of
   32  the  projects  for which the bonds are issued, and in any case shall not
   33  exceed thirty years and the maximum maturity of notes  or  any  renewals
   34  thereof  shall not exceed five years from the date of the original issue
   35  of such notes. Notwithstanding the provisions of this section, the agen-
   36  cy shall have the power and is hereby authorized to issue mental  health
   37  services  facilities  improvement  bonds  and/or  mental health services
   38  facilities  improvement  notes  to  refund  outstanding  mental  hygiene
   39  improvement  bonds authorized to be issued pursuant to the provisions of
   40  section 47-b of the private housing finance law and the amount of  bonds
   41  issued  or  outstanding  for  such  purposes  shall  not be included for
   42  purposes of determining the amount of  bonds  issued  pursuant  to  this
   43  section. The director of the budget shall allocate the aggregate princi-
   44  pal  authorized  to  be  issued by the agency among the office of mental
   45  health, office for  people  with  developmental  disabilities,  and  the
   46  office  of alcoholism and substance abuse services, in consultation with
   47  their respective commissioners to finance bondable appropriations previ-
   48  ously approved by the legislature.
   49    S 43. Paragraph (b) of subdivision 3 of section 1 and  clause  (B)  of
   50  subparagraph  (iii)  of  paragraph  (j) of subdivision 4 of section 1 of
   51  part D of chapter 63 of the laws of 2005 relating to the composition and
   52  responsibilities of the New York state higher education capital matching
   53  grant board, as amended by section 46-c of part I of chapter 55  of  the
   54  laws of 2014, is amended to read as follows:
   55    (b)  Within amounts appropriated therefor, the board is hereby author-
   56  ized and directed to award matching capital grants  totaling  [180]  210
       S. 4205                            47
    1  million dollars. Each college shall be eligible for a grant award amount
    2  as  determined  by the calculations pursuant to subdivision five of this
    3  section. In addition, such colleges shall be  eligible  to  compete  for
    4  additional  funds  pursuant to paragraph (h) of subdivision four of this
    5  section.
    6    (B) The dormitory authority shall not issue any bonds or notes  in  an
    7  amount  in  excess of [180] 210 million dollars for the purposes of this
    8  section; excluding bonds or notes  issued  to  fund  one  or  more  debt
    9  service reserve funds, to pay costs of issuance of such bonds, and bonds
   10  or  notes issued to refund or otherwise repay such bonds or notes previ-
   11  ously issued. Except for purposes of complying with the internal revenue
   12  code, any interest on bond proceeds shall  only  be  used  to  pay  debt
   13  service on such bonds.
   14    S  44.  Section 3 of part B of chapter 56 of the laws of 2014, consti-
   15  tuting the smart schools bond  act  of  2014,  is  amended  to  read  as
   16  follows:
   17    S  3.  Bonds of the state. (A) The state comptroller is hereby author-
   18  ized and empowered to issue and sell bonds of the state up to the aggre-
   19  gate amount of two billion dollars ($2,000,000,000) for the purposes  of
   20  this act, subject to the provisions of article five of the state finance
   21  law.   The aggregate principal amount of such bonds shall not exceed two
   22  billion dollars ($2,000,000,000) excluding bonds  issued  to  refund  or
   23  otherwise  repay  bonds  heretofore  issued  for such purpose; provided,
   24  however, that upon any such refunding or repayment, the total  aggregate
   25  principal  amount  of  outstanding bonds may be greater than two billion
   26  dollars ($2,000,000,000) only if the present value of the aggregate debt
   27  service of the refunding or repayment  bonds  to  be  issued  shall  not
   28  exceed  the  present value of the aggregate debt service of the bonds to
   29  be refunded or repaid. The method for calculating present value shall be
   30  determined by law.
   31    (B) NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION OF LAW TO THE
   32  CONTRARY THE DORMITORY AUTHORITY AND THE URBAN  DEVELOPMENT  CORPORATION
   33  MAY  ALSO  ISSUE  BONDS  PURSUANT  TO ARTICLE 5-C AND ARTICLE 5-F OF THE
   34  STATE FINANCE LAW TO FINANCE SUCH SMART SCHOOLS BOND ACT  PURPOSES.  ANY
   35  BONDS ISSUED PURSUANT TO THIS AUTHORIZATION SHALL BE SUBJECT TO THE SAME
   36  AGGREGATE  PRINCIPAL  LIMITATION  CONTAINED  IN  PARAGRAPH  (A)  OF THIS
   37  SECTION, INCLUDING BONDS OF THE STATE ISSUED BY THE  STATE  COMPTROLLER,
   38  AND ARE OTHERWISE SUBJECT TO ANY AND ALL OF THE PROVISIONS APPLICABLE BY
   39  ARTICLE 5-C AND ARTICLE 5-F OF THE STATE FINANCE LAW.
   40    S 45. Subdivisions 1 and 3 of section 1285-q of the public authorities
   41  law,  as  added by section 6 of part I of chapter 1 of the laws of 2003,
   42  are amended to read as follows:
   43    1. Subject to chapter fifty-nine of the  laws  of  two  thousand,  but
   44  notwithstanding any other provisions of law to the contrary, in order to
   45  assist the corporation in undertaking the administration and the financ-
   46  ing  of  hazardous  waste  site  remediation projects for payment of the
   47  state's share of the costs of the remediation of hazardous waste  sites,
   48  in  accordance  with title thirteen of article twenty-seven of the envi-
   49  ronmental conservation law  and  section  ninety-seven-b  of  the  state
   50  finance  law, and for payment of state costs associated with the remedi-
   51  ation of offsite contamination at significant threat sites  as  provided
   52  in  section 27-1411 of the environmental conservation law, AND BEGINNING
   53  IN STATE FISCAL YEAR TWO THOUSAND FIFTEEN -  TWO  THOUSAND  SIXTEEN  FOR
   54  ENVIRONMENTAL  RESTORATION  PROJECTS  PURSUANT  TO TITLE FIVE OF ARTICLE
   55  FIFTY-SIX OF THE ENVIRONMENTAL  CONSERVATION  LAW  pursuant  to  capital
   56  appropriations made to the department of environmental conservation, the
       S. 4205                            48
    1  director  of the division of budget and the corporation are each author-
    2  ized to enter into one or more service contracts, none  of  which  shall
    3  exceed  twenty  years in duration, upon such terms and conditions as the
    4  director and the corporation may agree, so as to annually provide to the
    5  corporation  in  the  aggregate,  a  sum  not  to exceed the annual debt
    6  service payments and related expenses required for any bonds  and  notes
    7  authorized  pursuant to section twelve hundred ninety of this title. Any
    8  service contract entered into pursuant to  this  section  shall  provide
    9  that  the  obligation of the state to fund or to pay the amounts therein
   10  provided for shall not constitute a debt of the state within the meaning
   11  of any constitutional or statutory provision and shall be deemed  execu-
   12  tory  only  to the extent of moneys available for such purposes, subject
   13  to annual appropriation by the legislature. Any such service contract or
   14  any payments made or to be made thereunder may be assigned  and  pledged
   15  by  the  corporation  as security for its bonds and notes, as authorized
   16  pursuant to section twelve hundred ninety of this title.
   17    3. The maximum amount of bonds that may be issued for the  purpose  of
   18  financing  hazardous  waste  site remediation projects AND ENVIRONMENTAL
   19  RESTORATION PROJECTS authorized by this section  shall  not  exceed  one
   20  billion  [two]  THREE  hundred  million dollars and shall not exceed one
   21  hundred twenty million dollars for appropriations enacted for any  state
   22  fiscal  year, provided that the bonds not issued for such appropriations
   23  may be issued pursuant to reappropriation in  subsequent  fiscal  years.
   24  [No  bonds  shall  be  issued for the repayment of any new appropriation
   25  enacted after March thirty-first, two thousand  thirteen  for  hazardous
   26  waste  site  remediation  projects  authorized by this section.] Amounts
   27  authorized to be issued by this section  shall  be  exclusive  of  bonds
   28  issued  to fund any debt service reserve funds, pay costs of issuance of
   29  such bonds, and bonds or notes issued to refund or otherwise repay bonds
   30  or notes previously issued. Such bonds  and  notes  of  the  corporation
   31  shall  not  be  a  debt  of the state, and the state shall not be liable
   32  thereon, nor shall they be payable out of any  funds  other  than  those
   33  appropriated  by  this  state  to  the  corporation for debt service and
   34  related expenses pursuant to any service contracts executed pursuant  to
   35  subdivision  one of this section, and such bonds and notes shall contain
   36  on the face thereof a statement to such effect.
   37    S 46. Intentionally omitted.
   38    S 47. This act shall take effect immediately and shall  be  deemed  to
   39  have been in full force and effect on and after April 1, 2015; provided,
   40  however,  that the provisions of sections one through eight and sections
   41  thirteen through twenty of this act shall expire March  31,  2016,  when
   42  upon such date the provisions of such sections shall be deemed repealed.
   43                                   PART Q
   44    Section  1.  This act shall be known and may be cited as the "Domestic
   45  Violence Protection Act - Brittany's Law".
   46    S 2. The penal law is amended by adding two new  sections  195.03  and
   47  195.04 to read as follows:
   48  S 195.03 FAILURE  TO  REGISTER OR VERIFY AS A VIOLENT FELONY OFFENDER IN
   49             THE SECOND DEGREE.
   50    A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY AS A VIOLENT FELO-
   51  NY OFFENDER IN THE SECOND DEGREE WHEN, BEING A VIOLENT  FELONY  OFFENDER
   52  REQUIRED  TO  REGISTER  OR  VERIFY  PURSUANT  TO  ARTICLE  SIX-B  OF THE
   53  CORRECTION LAW, HE OR SHE FAILS TO REGISTER OR VERIFY IN THE MANNER  AND
   54  WITHIN THE TIME PERIODS PROVIDED FOR IN SUCH ARTICLE.
       S. 4205                            49
    1    FAILURE  TO  REGISTER  OR  VERIFY  AS A VIOLENT FELONY OFFENDER IN THE
    2  SECOND DEGREE IS A CLASS E FELONY.
    3  S 195.04 FAILURE  TO  REGISTER OR VERIFY AS A VIOLENT FELONY OFFENDER IN
    4             THE FIRST DEGREE.
    5    A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY AS A VIOLENT FELO-
    6  NY OFFENDER IN THE FIRST DEGREE WHEN HE OR  SHE  COMMITS  THE  CRIME  OF
    7  FAILURE TO REGISTER OR VERIFY AS A VIOLENT FELONY OFFENDER IN THE SECOND
    8  DEGREE AND HAS PREVIOUSLY BEEN CONVICTED OF FAILURE TO REGISTER OR VERI-
    9  FY  AS  A  VIOLENT  FELONY  OFFENDER  IN THE SECOND DEGREE AS DEFINED IN
   10  SECTION 195.03 OF THIS ARTICLE.
   11    FAILURE TO REGISTER OR VERIFY AS A  VIOLENT  FELONY  OFFENDER  IN  THE
   12  FIRST DEGREE IS A CLASS D FELONY.
   13    S 3. The correction law is amended by adding a new article 6-B to read
   14  as follows:
   15                                 ARTICLE 6-B
   16                    VIOLENT FELONY OFFENDER REGISTRATION
   17  SECTION 162.   DEFINITIONS.
   18          163.   DUTIES OF THE DIVISION; REGISTRATION INFORMATION.
   19          164.   VIOLENT FELONY OFFENDER; RELOCATION; NOTIFICATION.
   20          165.   DUTIES OF THE COURT.
   21          166.   DISCHARGE  OF  VIOLENT  FELONY OFFENDER FROM CORRECTIONAL
   22                   FACILITY; DUTIES OF OFFICIAL IN CHARGE.
   23          167.   DUTY TO REGISTER.
   24          167-A. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER.
   25          167-B. DURATION OF REGISTRATION.
   26          167-C. REGISTRATION REQUIREMENTS.
   27          167-D. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF  CHANGE
   28                   OF ADDRESS.
   29          167-E. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE.
   30          167-F. BOARD OF EXAMINERS OF VIOLENT FELONY OFFENDERS.
   31          167-G. REVIEW.
   32          167-H. JUDICIAL DETERMINATION.
   33          167-I. PETITION FOR RELIEF.
   34          167-J. SPECIAL TELEPHONE NUMBER.
   35          167-K. VIOLENT PREDATOR SUBDIRECTORY.
   36          167-L. IMMUNITY FROM LIABILITY.
   37          167-M. ANNUAL REPORT.
   38          167-N. FAILURE TO REGISTER; PENALTY.
   39          167-O. UNAUTHORIZED RELEASE OF INFORMATION.
   40          167-P. SEVERABILITY.
   41          167-Q. SUBDIRECTORY; INTERNET POSTING.
   42    S 162. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFINITIONS
   43  APPLY:
   44    1. "VIOLENT FELONY OFFENDER" INCLUDES ANY PERSON WHO IS CONVICTED OF A
   45  VIOLENT  FELONY  OFFENSE AS DEFINED UNDER SECTION 70.02 OF THE PENAL LAW
   46  OR A CLASS A FELONY OFFENSE DEFINED IN THE PENAL LAW OTHER THAN A  CLASS
   47  A FELONY OFFENSE DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW.
   48  CONVICTIONS  THAT  RESULT  FROM  OR  ARE CONNECTED WITH THE SAME ACT, OR
   49  RESULT FROM OFFENSES COMMITTED AT THE SAME TIME, SHALL  BE  COUNTED  FOR
   50  THE PURPOSE OF THIS ARTICLE AS  ONE CONVICTION. ANY CONVICTION SET ASIDE
   51  PURSUANT TO LAW IS NOT A CONVICTION FOR PURPOSES OF THIS ARTICLE.
   52    2.  "VIOLENT  FELONY  OFFENSE"  MEANS  A  CONVICTION FOR AN OFFENSE AS
   53  DEFINED UNDER SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY OFFENSE
   54  DEFINED IN THE PENAL LAW OTHER THAN A CLASS A OFFENSE DEFINED IN ARTICLE
   55  TWO HUNDRED TWENTY OF THE PENAL LAW.
       S. 4205                            50
    1    3. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS  THE  CHIEF  LAW
    2  ENFORCEMENT  OFFICER  IN  THE VILLAGE, TOWN OR CITY IN WHICH THE VIOLENT
    3  FELONY OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE,  PROBATION,
    4  PAROLE OR UPON ANY FORM OF STATE OR LOCAL CONDITIONAL RELEASE.
    5    4.  "DIVISION"  MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES ESTAB-
    6  LISHED UNDER ARTICLE THIRTY-FIVE OF THE EXECUTIVE LAW.
    7    5. "HOSPITAL" MEANS A  HOSPITAL  AS  DEFINED  IN  SUBDIVISION  TWO  OF
    8  SECTION FOUR HUNDRED OF THIS CHAPTER AND APPLIES TO PERSONS COMMITTED TO
    9  SUCH HOSPITAL BY ORDER OF COMMITMENT MADE PURSUANT TO ARTICLE SIXTEEN OF
   10  THIS CHAPTER.
   11    6.  "VIOLENT  PREDATOR"  MEANS  A  PERSON  WHO HAS BEEN CONVICTED OF A
   12  VIOLENT FELONY OFFENSE AS DEFINED IN THIS ARTICLE, OR A  VIOLENT  FELONY
   13  OFFENDER  AS  DEFINED  IN  THIS ARTICLE WHO SUFFERS FROM A MENTAL ABNOR-
   14  MALITY THAT MAKES SUCH PERSON LIKELY TO ENGAGE IN VIOLENT CONDUCT.
   15    7. "MENTAL ABNORMALITY" MEANS A CONGENITAL OR ACQUIRED CONDITION OF  A
   16  PERSON  THAT  AFFECTS THE EMOTIONAL OR VOLITIONAL CAPACITY OF THE PERSON
   17  IN A MANNER THAT PREDISPOSES THAT PERSON TO THE COMMISSION  OF  CRIMINAL
   18  VIOLENT  ACTS  TO  A DEGREE THAT MAKES THE PERSON A MENACE TO THE HEALTH
   19  AND SAFETY OF OTHER PERSONS.
   20    8. "BOARD" MEANS THE BOARD OF EXAMINERS OF  VIOLENT  FELONY  OFFENDERS
   21  ESTABLISHED  PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTI-
   22  CLE.
   23    9. "LOCAL CORRECTIONAL FACILITY" MEANS A LOCAL  CORRECTIONAL  FACILITY
   24  AS  THAT  TERM  IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS
   25  CHAPTER.
   26    S 163. DUTIES OF THE DIVISION; REGISTRATION INFORMATION. 1. THE  DIVI-
   27  SION  SHALL  ESTABLISH  AND  MAINTAIN  A FILE OF INDIVIDUALS REQUIRED TO
   28  REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL  INCLUDE
   29  THE FOLLOWING INFORMATION OF EACH REGISTRANT:
   30    (A)  THE  VIOLENT  FELONY  OFFENDER'S  NAME, ALL ALIASES USED, DATE OF
   31  BIRTH, SEX, RACE, HEIGHT, WEIGHT, EYE COLOR,  DRIVER'S  LICENSE  NUMBER,
   32  HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE.
   33    (B) A PHOTOGRAPH AND SET OF FINGERPRINTS.
   34    (C) A DESCRIPTION OF THE OFFENSE FOR WHICH THE VIOLENT FELONY OFFENDER
   35  WAS CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED.
   36    (D) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
   37    2.  THE  DIVISION  IS AUTHORIZED TO MAKE THE REGISTRY AVAILABLE TO ANY
   38  REGIONAL OR NATIONAL  REGISTRY  OF  VIOLENT  FELONY  OFFENDERS  FOR  THE
   39  PURPOSE OF SHARING INFORMATION. THE DIVISION SHALL ACCEPT FILES FROM ANY
   40  REGIONAL OR NATIONAL REGISTRY OF VIOLENT FELONY OFFENDERS AND SHALL MAKE
   41  SUCH  FILES  AVAILABLE WHEN REQUESTED PURSUANT TO THE PROVISIONS OF THIS
   42  ARTICLE. THE DIVISION SHALL REQUIRE THAT NO INFORMATION INCLUDED IN  THE
   43  REGISTRY  SHALL  BE  MADE  AVAILABLE  EXCEPT  IN  THE FURTHERANCE OF THE
   44  PROVISIONS OF THIS ARTICLE.
   45    3. THE DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM  TO  BE
   46  MADE  AVAILABLE  TO THE APPROPRIATE AUTHORITIES AND PROMULGATE RULES AND
   47  REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   48    4. THE DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM  TO  THE
   49  LAST  REPORTED  ADDRESS  OF  THE PERSON FOR ANNUAL VERIFICATION REQUIRE-
   50  MENTS.
   51    5. THE DIVISION SHALL ALSO ESTABLISH AND OPERATE A TELEPHONE NUMBER AS
   52  PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-SEVEN-J OF THIS ARTICLE.
   53    6. THE DIVISION SHALL ALSO ESTABLISH A VIOLENT  PREDATOR  SUBDIRECTORY
   54  PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-K OF THIS ARTICLE.
   55    7.  THE  DIVISION  SHALL ALSO ESTABLISH A PUBLIC AWARENESS CAMPAIGN TO
   56  ADVISE THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE.
       S. 4205                            51
    1    S 164. VIOLENT FELONY OFFENDER; RELOCATION; NOTIFICATION.  1.  IN  THE
    2  CASE OF ANY VIOLENT FELONY OFFENDER, IT SHALL BE THE DUTY OF THE DEPART-
    3  MENT, HOSPITAL OR LOCAL CORRECTIONAL FACILITY AT LEAST TEN CALENDAR DAYS
    4  PRIOR  TO THE RELEASE OR DISCHARGE OF ANY VIOLENT FELONY OFFENDER FROM A
    5  CORRECTIONAL FACILITY, HOSPITAL OR LOCAL CORRECTIONAL FACILITY TO NOTIFY
    6  THE  LAW  ENFORCEMENT  AGENCY HAVING JURISDICTION WHERE APPROPRIATE, AND
    7  LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION AT THE TIME OF HIS OR HER
    8  CONVICTION, OF THE CONTEMPLATED RELEASE OR  DISCHARGE  OF  SUCH  VIOLENT
    9  FELONY OFFENDER, INFORMING SUCH LAW ENFORCEMENT AGENCIES OF THE NAME AND
   10  ALIASES  OF  THE VIOLENT FELONY OFFENDER, THE ADDRESS AT WHICH HE OR SHE
   11  PROPOSES TO RESIDE, THE ADDRESS AT WHICH HE OR SHE RESIDED AT  THE  TIME
   12  OF  HIS OR HER CONVICTION, THE AMOUNT OF TIME REMAINING TO BE SERVED, IF
   13  ANY, ON THE FULL TERM FOR WHICH HE OR SHE WAS SENTENCED, AND THE  NATURE
   14  OF THE CRIME FOR WHICH HE OR SHE WAS SENTENCED, TRANSMITTING AT THE SAME
   15  TIME  A  COPY  OF SUCH VIOLENT FELONY OFFENDER'S FINGERPRINTS AND PHOTO-
   16  GRAPH AND A SUMMARY OF HIS OR HER CRIMINAL RECORD. IF SUCH VIOLENT FELO-
   17  NY OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE WHILE ON PAROLE,  SUCH
   18  NOTIFICATION  OF  THE  CHANGE  OF RESIDENCE SHALL BE SENT BY THE VIOLENT
   19  FELONY OFFENDER'S PAROLE OFFICER WITHIN FORTY-EIGHT  HOURS  TO  THE  LAW
   20  ENFORCEMENT AGENCY IN WHICH THE NEW PLACE OF RESIDENCE IS LOCATED.
   21    2.  IN THE CASE OF ANY VIOLENT FELONY OFFENDER CONVICTED AND SENTENCED
   22  TO PROBATION, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE, IT SHALL
   23  BE THE DUTY OF THE COURT WITHIN TWENTY-FOUR HOURS AFTER SUCH SENTENCE TO
   24  NOTIFY THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION,  WHERE  APPROPRI-
   25  ATE,  AND THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION AT THE TIME
   26  OF HIS OR HER CONVICTION, IF DIFFERENT FROM WHERE HE  OR  SHE  CURRENTLY
   27  RESIDES,  AND/OR  WHERE  HE OR SHE CURRENTLY RESIDES, OF THE SENTENCE OF
   28  PROBATION, CONDITIONAL DISCHARGE OR UNCONDITIONAL  DISCHARGE,  INFORMING
   29  SUCH LAW ENFORCEMENT AGENCIES OF THE NAME AND ALIASES OF THE PERSON, THE
   30  ADDRESS  AT  WHICH  HE  OR  SHE PROPOSES TO RESIDE, RESIDED AT AND/OR AT
   31  WHICH HE OR SHE CURRENTLY RESIDES, THE AMOUNT OF TIME TO  BE  SERVED  ON
   32  PROBATION,  AND  THE  NATURE  OF  THE  CRIME  FOR  WHICH  HE  OR SHE WAS
   33  SENTENCED, TRANSMITTING AT THE SAME TIME A COPY OF SUCH  VIOLENT  FELONY
   34  OFFENDER'S FINGERPRINTS AND PHOTOGRAPH AND A SUMMARY OF HIS OR HER CRIM-
   35  INAL  RECORD. IF SUCH PERSON CHANGES HIS OR HER PLACE OF RESIDENCE WHILE
   36  ON PROBATION, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT
   37  BY THE VIOLENT FELONY OFFENDER'S PROBATION  OFFICER  WITHIN  FORTY-EIGHT
   38  HOURS TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN WHICH THE NEW
   39  PLACE OF RESIDENCE IS LOCATED.
   40    3.  IN  THE  CASE OF ANY VIOLENT FELONY OFFENDER, WHO ON THE EFFECTIVE
   41  DATE OF THIS SUBDIVISION IS ON PAROLE OR PROBATION, IT SHALL BE THE DUTY
   42  OF SUCH VIOLENT FELONY OFFENDER'S PAROLE  OR  PROBATION  OFFICER  WITHIN
   43  FORTY-FIVE  CALENDAR  DAYS  OF THE EFFECTIVE DATE OF THIS SUBDIVISION TO
   44  NOTIFY THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION IN WHICH  SUCH
   45  PERSON  RESIDED  AT THE TIME OF HIS OR HER CONVICTION, IF DIFFERENT FROM
   46  WHERE HE OR SHE CURRENTLY RESIDES  AND/OR  WHERE  HE  OR  SHE  CURRENTLY
   47  RESIDES,  OF  THE  NAME AND ALIASES OF SUCH VIOLENT FELONY OFFENDER, THE
   48  ADDRESS AT WHICH HE OR SHE RESIDED AND/OR AT WHICH HE OR  SHE  CURRENTLY
   49  RESIDES,  THE  AMOUNT  OF  TIME TO BE SERVED ON PAROLE OR PROBATION, THE
   50  NATURE OF THE CRIME FOR WHICH HE OR SHE WAS SENTENCED,  TRANSMITTING  AT
   51  THE  SAME TIME A COPY OF SUCH VIOLENT FELONY OFFENDER'S FINGERPRINTS AND
   52  PHOTOGRAPH AND A SUMMARY OF HIS OR HER CRIMINAL RECORD. IF SUCH  VIOLENT
   53  FELONY OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE WHILE ON PAROLE OR
   54  PROBATION, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT BY
   55  THE  VIOLENT FELONY OFFENDER'S PAROLE OR PROBATION OFFICER WITHIN FORTY-
       S. 4205                            52
    1  EIGHT HOURS TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION  IN  WHICH
    2  THE NEW PLACE OF RESIDENCE IS LOCATED.
    3    4.  IN  THE  CASE  IN WHICH ANY VIOLENT FELONY OFFENDER ESCAPES FROM A
    4  STATE OR LOCAL CORRECTIONAL FACILITY OR HOSPITAL, THE  DESIGNATED  OFFI-
    5  CIAL  OF  THE  FACILITY  OR HOSPITAL WHERE THE PERSON WAS CONFINED SHALL
    6  NOTIFY WITHIN TWENTY-FOUR HOURS THE LAW ENFORCEMENT  AGENCY  HAVING  HAD
    7  JURISDICTION  AT  THE  TIME OF HIS OR HER CONVICTION, INFORMING SUCH LAW
    8  ENFORCEMENT AGENCY OF THE NAME  AND  ALIASES  OF  THE  PERSON,  AND  THE
    9  ADDRESS AT WHICH HE OR SHE RESIDED AT THE TIME OF HIS OR HER CONVICTION,
   10  THE  AMOUNT  OF TIME REMAINING TO BE SERVED IF ANY, ON THE FULL TERM FOR
   11  WHICH HE OR SHE WAS SENTENCED, AND THE NATURE OF THE CRIME FOR WHICH  HE
   12  OR  SHE  WAS  SENTENCED,  TRANSMITTING  AT  THE SAME TIME A COPY OF SUCH
   13  VIOLENT FELONY OFFENDER'S FINGERPRINTS AND PHOTOGRAPH AND A  SUMMARY  OF
   14  HIS OR HER CRIMINAL RECORD.
   15    S 165. DUTIES OF THE COURT. 1. UPON CONVICTION THE COURT SHALL CERTIFY
   16  THAT  THE  PERSON  IS  A  VIOLENT  FELONY OFFENDER AND SHALL INCLUDE THE
   17  CERTIFICATION IN THE ORDER OF COMMITMENT. THE COURT  SHALL  ALSO  ADVISE
   18  THE VIOLENT FELONY OFFENDER OF THE DUTIES OF THIS ARTICLE.
   19    2.  ANY  VIOLENT  FELONY  OFFENDER,  WHO  IS  RELEASED ON PROBATION OR
   20  DISCHARGED UPON PAYMENT OF A  FINE  SHALL,  PRIOR  TO  SUCH  RELEASE  OR
   21  DISCHARGE, BE INFORMED OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE
   22  BY  THE COURT IN WHICH HE OR SHE WAS CONVICTED. WHERE THE COURT ORDERS A
   23  VIOLENT FELONY OFFENDER RELEASED ON PROBATION, SUCH ORDER MUST INCLUDE A
   24  PROVISION REQUIRING THAT HE OR SHE COMPLY WITH THE REQUIREMENTS OF  THIS
   25  ARTICLE.  WHERE  SUCH  VIOLENT  FELONY OFFENDER VIOLATES SUCH PROVISION,
   26  PROBATION MAY BE IMMEDIATELY REVOKED IN THE MANNER PROVIDED  BY  ARTICLE
   27  FOUR  HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW. THE COURT SHALL REQUIRE
   28  THE VIOLENT FELONY OFFENDER TO  READ  AND  SIGN  SUCH  FORM  AS  MAY  BE
   29  REQUIRED  BY THE DIVISION STATING THE DUTY TO REGISTER AND THE PROCEDURE
   30  FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER. THE  COURT  SHALL  ON
   31  SUCH  FORM  OBTAIN THE ADDRESS WHERE THE VIOLENT FELONY OFFENDER EXPECTS
   32  TO RESIDE UPON HIS OR HER RELEASE, AND SHALL REPORT THE ADDRESS  TO  THE
   33  DIVISION. THE COURT SHALL GIVE ONE COPY OF THE FORM TO THE VIOLENT FELO-
   34  NY  OFFENDER  AND  SHALL  SEND  TWO  COPIES  TO THE DIVISION WHICH SHALL
   35  FORWARD ONE COPY TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE
   36  THE VIOLENT FELONY OFFENDER EXPECTS TO RESIDE UPON HIS OR  HER  RELEASE.
   37  WITHIN  TEN  CALENDAR  DAYS OF BEING RELEASED ON PROBATION OR DISCHARGED
   38  UPON PAYMENT OF A FINE, SUCH VIOLENT FELONY OFFENDER SHALL REGISTER WITH
   39  THE DIVISION FOR PURPOSES OF VERIFYING SUCH  VIOLENT  FELONY  OFFENDER'S
   40  INTENDED  PLACE OF RESIDENCE.  ON EACH ANNIVERSARY OF THE VIOLENT FELONY
   41  OFFENDER'S ORIGINAL REGISTRATION DATE, THE  PROVISIONS  OF  SECTION  ONE
   42  HUNDRED  SIXTY-SEVEN  OF  THIS ARTICLE SHALL APPLY.   THE DIVISION SHALL
   43  ALSO IMMEDIATELY FORWARD THE CONVICTION DATA  AND  FINGERPRINTS  TO  THE
   44  FEDERAL BUREAU OF INVESTIGATION IF NOT ALREADY OBTAINED.
   45    3.  FOR  VIOLENT  FELONY OFFENDERS UNDER THIS SECTION, IT SHALL BE THE
   46  DUTY OF THE COURT APPLYING THE  GUIDELINES  ESTABLISHED  IN  SUBDIVISION
   47  FIVE  OF  SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE TO DETERMINE
   48  THE DURATION OF REGISTRATION PURSUANT TO SECTION ONE HUNDRED  SIXTY-SEV-
   49  EN-B  OF  THIS  ARTICLE  AND NOTIFICATION PURSUANT TO SUBDIVISION SIX OF
   50  SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE.  IN MAKING THE DETER-
   51  MINATION, THE COURT SHALL REVIEW ANY VICTIM'S STATEMENT AND ANY  MATERI-
   52  ALS SUBMITTED BY THE VIOLENT FELONY OFFENDER. THE COURT SHALL ALSO ALLOW
   53  THE  VIOLENT  FELONY  OFFENDER  TO  APPEAR  AND BE HEARD, AND INFORM THE
   54  VIOLENT FELONY OFFENDER OF HIS OR HER RIGHT TO HAVE  COUNSEL  APPOINTED,
   55  IF NECESSARY.
       S. 4205                            53
    1    S  166. DISCHARGE OF VIOLENT FELONY OFFENDER FROM CORRECTIONAL FACILI-
    2  TY; DUTIES OF OFFICIAL IN CHARGE. 1. ANY VIOLENT FELONY OFFENDER, TO  BE
    3  DISCHARGED,  PAROLED  OR  RELEASED  FROM ANY STATE OR LOCAL CORRECTIONAL
    4  FACILITY, HOSPITAL OR INSTITUTION  WHERE  HE  OR  SHE  WAS  CONFINED  OR
    5  COMMITTED,  SHALL  WITHIN  FORTY-FIVE  CALENDAR DAYS PRIOR TO DISCHARGE,
    6  PAROLE OR RELEASE, BE INFORMED OF HIS OR HER DUTY TO REGISTER UNDER THIS
    7  ARTICLE, BY THE FACILITY IN WHICH HE OR SHE WAS CONFINED  OR  COMMITTED.
    8  THE  FACILITY SHALL REQUIRE THE VIOLENT FELONY OFFENDER TO READ AND SIGN
    9  SUCH FORM AS MAY BE REQUIRED BY THE DIVISION STATING THE DUTY TO  REGIS-
   10  TER AND THE PROCEDURE FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER.
   11  THE  FACILITY  SHALL  OBTAIN  ON SUCH FORM THE ADDRESS WHERE THE VIOLENT
   12  FELONY OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE,  PAROLE  OR
   13  RELEASE AND SHALL REPORT THE ADDRESS TO THE DIVISION. THE FACILITY SHALL
   14  GIVE  ONE COPY OF THE FORM TO THE VIOLENT FELONY OFFENDER AND SHALL SEND
   15  TWO COPIES TO THE DIVISION WHICH SHALL  FORWARD  ONE  COPY  TO  THE  LAW
   16  ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE VIOLENT FELONY OFFENDER
   17  EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PAROLE OR RELEASE. IN ADDI-
   18  TION,  THE  FACILITY  SHALL  GIVE  THE VIOLENT FELONY OFFENDER A FORM TO
   19  REGISTER WITH THE DIVISION WITHIN TEN  CALENDAR  DAYS  FOR  PURPOSES  OF
   20  VERIFYING SUCH VIOLENT FELONY OFFENDER'S INTENDED PLACE OF RESIDENCE.
   21    2.  THE  DIVISION  SHALL ALSO IMMEDIATELY TRANSMIT THE CONVICTION DATA
   22  AND FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION, IF NOT  ALREADY
   23  OBTAINED.
   24    S  167.  DUTY  TO  REGISTER.  1.  ANY  VIOLENT FELONY OFFENDER, WHO IS
   25  DISCHARGED, PAROLED OR RELEASED FROM ANY  STATE  OR  LOCAL  CORRECTIONAL
   26  FACILITY,  HOSPITAL  OR  INSTITUTION  WHERE  HE  OR  SHE WAS CONFINED OR
   27  COMMITTED, SHALL REGISTER WITH THE DIVISION WITHIN TEN CALENDAR DAYS FOR
   28  PURPOSES OF VERIFYING SUCH VIOLENT FELONY OFFENDER'S INTENDED  PLACE  OF
   29  RESIDENCE.
   30    2. FOR A VIOLENT FELONY OFFENDER REQUIRED TO REGISTER UNDER THIS ARTI-
   31  CLE  ON EACH ANNIVERSARY OF THE VIOLENT FELONY OFFENDER'S INITIAL REGIS-
   32  TRATION DATE DURING THE PERIOD ON WHICH HE OR SHE IS REQUIRED TO  REGIS-
   33  TER UNDER THIS SECTION THE FOLLOWING APPLIES:
   34    (A)  THE  VIOLENT  FELONY OFFENDER SHALL MAIL THE VERIFICATION FORM TO
   35  THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM.
   36    (B) THE VERIFICATION FORM SHALL BE SIGNED BY THE VIOLENT FELONY OFFEN-
   37  DER, AND STATE THAT HE OR SHE STILL RESIDES AT THE ADDRESS LAST REPORTED
   38  TO THE DIVISION.
   39    (C) IF THE VIOLENT FELONY OFFENDER FAILS TO MAIL THE VERIFICATION FORM
   40  TO THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE  FORM,  HE
   41  OR SHE SHALL BE IN VIOLATION OF THIS SECTION.
   42    3.  THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION SHALL BE APPLIED
   43  TO A VIOLENT FELONY OFFENDER REQUIRED TO  REGISTER  UNDER  THIS  ARTICLE
   44  EXCEPT  THAT SUCH VIOLENT FELONY OFFENDER DESIGNATED AS A VIOLENT PREDA-
   45  TOR MUST PERSONALLY VERIFY WITH THE LOCAL LAW  ENFORCEMENT  AGENCY,  THE
   46  REGISTRATION  EVERY  NINETY  CALENDAR DAYS AFTER THE DATE OF THE INITIAL
   47  RELEASE OR COMMENCEMENT OF PAROLE.
   48    4. ANY VIOLENT FELONY OFFENDER SHALL REGISTER WITH THE DIVISION WITHIN
   49  TEN CALENDAR DAYS PRIOR TO ANY CHANGE OF ADDRESS. THE DIVISION SHALL, IF
   50  THE VIOLENT FELONY OFFENDER CHANGES RESIDENCE TO ANOTHER  STATE,  NOTIFY
   51  THE  APPROPRIATE  STATE  LAW  ENFORCEMENT  AGENCY WITH WHICH THE VIOLENT
   52  FELONY OFFENDER MUST REGISTER IN THE NEW STATE. IF ANY  PERSON  REQUIRED
   53  TO  REGISTER  AS  PROVIDED IN THIS ARTICLE CHANGES THE ADDRESS OF HIS OR
   54  HER RESIDENCE, THE VIOLENT FELONY OFFENDER  SHALL  WITHIN  TEN  CALENDAR
   55  DAYS, INFORM IN WRITING THE LAW ENFORCEMENT AGENCY WHERE LAST REGISTERED
   56  OF  THE  NEW  ADDRESS.  THE  LAW  ENFORCEMENT AGENCY SHALL, WITHIN THREE
       S. 4205                            54
    1  CALENDAR DAYS OF RECEIPT OF THE NEW ADDRESS, FORWARD THIS INFORMATION TO
    2  THE DIVISION AND TO THE LAW ENFORCEMENT AGENCY  HAVING  JURISDICTION  IN
    3  THE NEW PLACE OF RESIDENCE.
    4    5. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
    5  BE  APPLICABLE  TO  ANY  VIOLENT  FELONY  OFFENDER  WHOSE CONVICTION WAS
    6  REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR.
    7    S 167-A. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER. 1.  IT  SHALL
    8  BE  THE DUTY OF THE SENTENCING COURT APPLYING THE GUIDELINES ESTABLISHED
    9  IN SUBDIVISION FIVE OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE
   10  TO DETERMINE THE  DURATION  OF  REGISTRATION  PURSUANT  TO  SECTION  ONE
   11  HUNDRED  SIXTY-SEVEN-B  OF  THIS  ARTICLE  AND  NOTIFICATION PURSUANT TO
   12  SUBDIVISION SIX OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE AND
   13  NOTIFICATION FOR EVERY VIOLENT FELONY OFFENDER WHO ON THE EFFECTIVE DATE
   14  OF THIS ARTICLE IS THEN ON PAROLE OR PROBATION FOR COMMITTING A  VIOLENT
   15  FELONY  OFFENSE OR A CLASS A OFFENSE DEFINED IN THE PENAL LAW EXCEPT FOR
   16  A CLASS A OFFENSE DEFINED IN ARTICLE TWO HUNDRED  TWENTY  OF  THE  PENAL
   17  LAW.
   18    2.  EVERY  VIOLENT  FELONY  OFFENDER WHO ON THE EFFECTIVE DATE OF THIS
   19  ARTICLE IS THEN ON PAROLE OR PROBATION  FOR  A  VIOLENT  FELONY  OFFENSE
   20  SHALL  WITHIN  TEN CALENDAR DAYS OF SUCH DETERMINATION REGISTER WITH HIS
   21  OR HER PAROLE OR PROBATION OFFICER. ON EACH ANNIVERSARY OF  THE  VIOLENT
   22  FELONY  OFFENDER'S  INITIAL REGISTRATION DATE THEREAFTER, THE PROVISIONS
   23  OF SECTION ONE HUNDRED SIXTY-SEVEN OF  THIS  ARTICLE  SHALL  APPLY.  ANY
   24  VIOLENT  FELONY  OFFENDER  WHO  FAILS  OR  REFUSES TO SO COMPLY SHALL BE
   25  SUBJECT TO THE SAME PENALTIES AS OTHERWISE PROVIDED FOR IN THIS  ARTICLE
   26  WHICH  WOULD  BE  IMPOSED  UPON  A  VIOLENT FELONY OFFENDER WHO FAILS OR
   27  REFUSES TO SO COMPLY WITH THE PROVISIONS OF THIS  ARTICLE  ON  OR  AFTER
   28  SUCH EFFECTIVE DATE.
   29    3.  IT  SHALL BE THE DUTY OF THE PAROLE OR PROBATION OFFICER TO INFORM
   30  AND REGISTER SUCH VIOLENT FELONY OFFENDER ACCORDING TO THE  REQUIREMENTS
   31  IMPOSED  BY  THIS  ARTICLE. A PAROLE OR PROBATION OFFICER SHALL GIVE ONE
   32  COPY OF THE FORM TO THE VIOLENT FELONY OFFENDER AND SHALL, WITHIN  THREE
   33  CALENDAR  DAYS, SEND TWO COPIES ELECTRONICALLY OR OTHERWISE TO THE DIVI-
   34  SION WHICH SHALL FORWARD ONE COPY ELECTRONICALLY OR OTHERWISE TO THE LAW
   35  ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE VIOLENT FELONY OFFENDER
   36  RESIDES UPON HIS OR HER PAROLE, PROBATION, OR UPON ANY FORM OF STATE  OR
   37  LOCAL CONDITIONAL RELEASE.
   38    4. A PETITION FOR RELIEF FROM THIS SECTION IS PERMITTED TO ANY VIOLENT
   39  FELONY  OFFENDER  REQUIRED  TO  REGISTER  WHILE  RELEASED  ON  PAROLE OR
   40  PROBATION PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-I OF THIS ARTICLE.
   41    S 167-B. DURATION OF REGISTRATION. THE DURATION OF REGISTRATION FOR  A
   42  VIOLENT FELONY OFFENDER SHALL BE ANNUALLY FOR A PERIOD OF TEN YEARS FROM
   43  THE  INITIAL DATE OF REGISTRATION, PROVIDED, HOWEVER, THAT FOR A VIOLENT
   44  PREDATOR, SHALL ANNUALLY REGISTER AND VERIFY QUARTERLY FOR A MINIMUM  OF
   45  TEN  YEARS  UNLESS  THE  COURT DETERMINES IN ACCORDANCE WITH SECTION ONE
   46  HUNDRED SIXTY-SEVEN-I OF THIS ARTICLE, THAT THE PERSON NO LONGER SUFFERS
   47  FROM A MENTAL ABNORMALITY THAT WOULD MAKE HIM OR HER LIKELY TO ENGAGE IN
   48  A PREDATORY VIOLENT OFFENSE.
   49    S 167-C. REGISTRATION REQUIREMENTS. REGISTRATION AS REQUIRED  BY  THIS
   50  ARTICLE  SHALL  CONSIST  OF A STATEMENT IN WRITING SIGNED BY THE VIOLENT
   51  FELONY OFFENDER GIVING THE INFORMATION THAT IS REQUIRED BY THE  DIVISION
   52  AND  THE  DIVISION SHALL ENTER THE INFORMATION INTO AN APPROPRIATE ELEC-
   53  TRONIC DATABASE OR FILE.
   54    S 167-D. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF  CHANGE  OF
   55  ADDRESS.  1.  UPON  RECEIPT  OF  A CHANGE OF ADDRESS BY A VIOLENT FELONY
   56  OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE, THE LOCAL LAW ENFORCE-
       S. 4205                            55
    1  MENT AGENCY WHERE THE VIOLENT  FELONY  OFFENDER  LAST  REGISTERED  SHALL
    2  WITHIN  THREE  CALENDAR DAYS OF RECEIPT OF THE NEW ADDRESS, FORWARD THIS
    3  INFORMATION TO THE DIVISION AND TO  THE  LOCAL  LAW  ENFORCEMENT  AGENCY
    4  HAVING JURISDICTION OF THE NEW PLACE OF RESIDENCE.
    5    2. A CHANGE OF ADDRESS BY A VIOLENT FELONY OFFENDER REQUIRED TO REGIS-
    6  TER  UNDER THIS ARTICLE SHALL BE IMMEDIATELY REPORTED BY THE DIVISION TO
    7  THE APPROPRIATE LAW ENFORCEMENT AGENCY  HAVING  JURISDICTION  WHERE  THE
    8  VIOLENT FELONY OFFENDER IS RESIDING.
    9    3.  UPON  RECEIPT  OF  CHANGE  OF  ADDRESS  INFORMATION, THE LOCAL LAW
   10  ENFORCEMENT AGENCY HAVING JURISDICTION OF THE  NEW  PLACE  OF  RESIDENCE
   11  SHALL ADHERE TO THE NOTIFICATION PROVISIONS SET FORTH IN SUBDIVISION SIX
   12  OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE.
   13    S  167-E.  REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE. 1. A
   14  VIOLENT FELONY OFFENDER WHO HAS  BEEN  CONVICTED  OF  AN  OFFENSE  WHICH
   15  REQUIRES  REGISTRATION  UNDER  SECTION ONE HUNDRED SIXTY-SEVEN-C OF THIS
   16  ARTICLE SHALL REGISTER THE NEW ADDRESS WITH THE DIVISION NO  LATER  THAN
   17  TEN  CALENDAR  DAYS AFTER SUCH VIOLENT FELONY OFFENDER ESTABLISHES RESI-
   18  DENCE IN THIS STATE. THE DIVISION SHALL COORDINATE WITH  THE  DESIGNATED
   19  LAW  ENFORCEMENT AGENCY OF THE STATE OF WHICH THE INDIVIDUAL DEPARTED ON
   20  INFORMATION RELEVANT TO THE DURATION OF REGISTRATION.
   21    2. THE DIVISION SHALL ADVISE THE BOARD THAT THE  OFFENDER  HAS  ESTAB-
   22  LISHED  RESIDENCE  IN  THIS STATE. THE BOARD SHALL DETERMINE WHETHER THE
   23  OFFENDER IS REQUIRED TO REGISTER WITH THE DIVISION. IF IT IS  DETERMINED
   24  THAT THE OFFENDER IS REQUIRED TO REGISTER, THE DIVISION SHALL NOTIFY THE
   25  OFFENDER  OF  HIS  OR  HER DUTY TO REGISTER UNDER THIS ARTICLE AND SHALL
   26  REQUIRE THE OFFENDER TO SIGN A FORM AS MAY BE REQUIRED BY  THE  DIVISION
   27  ACKNOWLEDGING  THAT THE DUTY TO REGISTER AND THE PROCEDURE FOR REGISTRA-
   28  TION HAS BEEN EXPLAINED TO THE OFFENDER. THE DIVISION  SHALL  OBTAIN  ON
   29  SUCH  FORM  THE  ADDRESS WHERE THE OFFENDER EXPECTS TO RESIDE WITHIN THE
   30  STATE AND THE OFFENDER SHALL RETAIN ONE COPY OF THE FORM  AND  SEND  TWO
   31  COPIES  TO  THE  DIVISION WHICH SHALL PROVIDE THE INFORMATION TO THE LAW
   32  ENFORCEMENT AGENCY HAVING JURISDICTION WHERE  THE  OFFENDER  EXPECTS  TO
   33  RESIDE  WITHIN  THIS STATE. NO LATER THAN THIRTY DAYS PRIOR TO THE BOARD
   34  MAKING A RECOMMENDATION, THE OFFENDER SHALL BE NOTIFIED THAT HIS OR  HER
   35  CASE  IS  UNDER  REVIEW AND THAT HE OR SHE IS PERMITTED TO SUBMIT TO THE
   36  BOARD ANY INFORMATION RELEVANT TO THE REVIEW. AFTER REVIEWING ANY INFOR-
   37  MATION OBTAINED, AND APPLYING THE GUIDELINES ESTABLISHED IN  SUBDIVISION
   38  FIVE  OF  SECTION  ONE  HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE, THE BOARD
   39  SHALL WITHIN SIXTY CALENDAR DAYS MAKE  A  RECOMMENDATION  REGARDING  THE
   40  LEVEL OF NOTIFICATION PURSUANT TO SUBDIVISION SIX OF SECTION ONE HUNDRED
   41  SIXTY-SEVEN-F  OF THIS ARTICLE AND WHETHER SUCH OFFENDER SHALL BE DESIG-
   42  NATED A VIOLENT FELONY OFFENDER OR A VIOLENT PREDATOR.  THIS RECOMMENDA-
   43  TION SHALL BE  CONFIDENTIAL  AND  SHALL  NOT  BE  AVAILABLE  FOR  PUBLIC
   44  INSPECTION.  IT  SHALL  BE SUBMITTED BY THE BOARD TO THE COUNTY COURT OR
   45  SUPREME COURT AND TO THE DISTRICT ATTORNEY IN THE COUNTY OF RESIDENCE OF
   46  THE OFFENDER AND TO THE OFFENDER. IT SHALL BE THE  DUTY  OF  THE  COUNTY
   47  COURT  OR  SUPREME  COURT  IN  THE  COUNTY OF RESIDENCE OF THE OFFENDER,
   48  APPLYING THE GUIDELINES ESTABLISHED IN SUBDIVISION FIVE OF  SECTION  ONE
   49  HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE, TO DETERMINE THE LEVEL OF NOTIFI-
   50  CATION  PURSUANT TO SUBDIVISION SIX OF SECTION ONE HUNDRED SIXTY-SEVEN-F
   51  OF THIS ARTICLE AND WHETHER SUCH OFFENDER SHALL BE DESIGNATED A  VIOLENT
   52  FELONY  OFFENDER  OR  A VIOLENT PREDATOR.  AT LEAST THIRTY DAYS PRIOR TO
   53  THE DETERMINATION PROCEEDING,  SUCH  COURT  SHALL  NOTIFY  THE  DISTRICT
   54  ATTORNEY  AND THE OFFENDER, IN WRITING, OF THE DATE OF THE DETERMINATION
   55  PROCEEDING AND THE COURT SHALL ALSO PROVIDE THE  DISTRICT  ATTORNEY  AND
   56  OFFENDER  WITH  A COPY OF THE RECOMMENDATION RECEIVED FROM THE BOARD AND
       S. 4205                            56
    1  ANY STATEMENT OF THE REASONS FOR THE RECOMMENDATION  RECEIVED  FROM  THE
    2  BOARD.  THIS  NOTICE SHALL INCLUDE THE FOLLOWING STATEMENT OR A SUBSTAN-
    3  TIALLY SIMILAR STATEMENT: "THIS PROCEEDING IS BEING  HELD  TO  DETERMINE
    4  WHETHER  YOU  WILL  BE  CLASSIFIED AS A LEVEL 3 OFFENDER (RISK OF REPEAT
    5  OFFENSE IS HIGH), A LEVEL 2 OFFENDER (RISK OF REPEAT OFFENSE  IS  MODER-
    6  ATE),  OR A LEVEL 1 OFFENDER (RISK OF REPEAT OFFENSE IS LOW), OR WHETHER
    7  YOU WILL BE DESIGNATED AS A VIOLENT FELONY OFFENDER OR A VIOLENT  PREDA-
    8  TOR,  WHICH WILL DETERMINE HOW LONG YOU MUST REGISTER AS AN OFFENDER AND
    9  HOW MUCH INFORMATION CAN BE  PROVIDED  TO  THE  PUBLIC  CONCERNING  YOUR
   10  REGISTRATION.  IF  YOU FAIL TO APPEAR AT THIS PROCEEDING, WITHOUT SUFFI-
   11  CIENT EXCUSE, IT SHALL BE HELD IN YOUR ABSENCE. FAILURE  TO  APPEAR  MAY
   12  RESULT IN A LONGER PERIOD OF REGISTRATION OR A HIGHER LEVEL OF COMMUNITY
   13  NOTIFICATION  BECAUSE  YOU  ARE NOT PRESENT TO OFFER EVIDENCE OR CONTEST
   14  EVIDENCE OFFERED BY THE DISTRICT ATTORNEY."  THE COURT SHALL ALSO ADVISE
   15  THE OFFENDER THAT HE OR SHE HAS A  RIGHT  TO  A  HEARING  PRIOR  TO  THE
   16  COURT'S DETERMINATION, THAT HE OR SHE HAS THE RIGHT TO BE REPRESENTED BY
   17  COUNSEL  AT  THE HEARING AND THAT COUNSEL WILL BE APPOINTED IF HE OR SHE
   18  IS FINANCIALLY UNABLE TO RETAIN COUNSEL.  A  RETURNABLE  FORM  SHALL  BE
   19  ENCLOSED IN THE COURT'S NOTICE TO THE OFFENDER ON WHICH THE OFFENDER MAY
   20  APPLY FOR ASSIGNMENT OF COUNSEL.  IF THE OFFENDER APPLIES FOR ASSIGNMENT
   21  OF  COUNSEL  AND THE COURT FINDS THAT THE OFFENDER IS FINANCIALLY UNABLE
   22  TO RETAIN COUNSEL, THE COURT  SHALL  ASSIGN  COUNSEL  TO  REPRESENT  THE
   23  OFFENDER  PURSUANT  TO  ARTICLE  EIGHTEEN-B  OF  THE  COUNTY LAW. IF THE
   24  DISTRICT ATTORNEY SEEKS A DETERMINATION THAT DIFFERS FROM THE  RECOMMEN-
   25  DATION  SUBMITTED  BY THE BOARD, AT LEAST TEN DAYS PRIOR TO THE DETERMI-
   26  NATION PROCEEDING THE DISTRICT ATTORNEY SHALL PROVIDE TO THE  COURT  AND
   27  THE  OFFENDER A STATEMENT SETTING FORTH THE DETERMINATIONS SOUGHT BY THE
   28  DISTRICT ATTORNEY TOGETHER WITH THE REASONS FOR  SEEKING  SUCH  DETERMI-
   29  NATIONS.  THE COURT SHALL ALLOW THE OFFENDER TO APPEAR AND BE HEARD. THE
   30  STATE SHALL APPEAR BY THE DISTRICT ATTORNEY, OR HIS OR HER DESIGNEE, WHO
   31  SHALL BEAR THE BURDEN OF PROVING THE FACTS SUPPORTING THE DETERMINATIONS
   32  SOUGHT BY CLEAR AND CONVINCING EVIDENCE. IT SHALL BE  THE  DUTY  OF  THE
   33  COURT APPLYING THE GUIDELINES ESTABLISHED IN SUBDIVISION FIVE OF SECTION
   34  ONE  HUNDRED  SIXTY-SEVEN-F  OF  THIS  ARTICLE TO DETERMINE THE LEVEL OF
   35  NOTIFICATION  PURSUANT  TO  SUBDIVISION  SIX  OF  SECTION  ONE   HUNDRED
   36  SIXTY-SEVEN-F  OF THIS ARTICLE AND WHETHER SUCH OFFENDER SHALL BE DESIG-
   37  NATED A VIOLENT FELONY OFFENDER OR A VIOLENT PREDATOR.  WHERE THERE IS A
   38  DISPUTE BETWEEN THE PARTIES CONCERNING  THE  DETERMINATIONS,  THE  COURT
   39  SHALL  ADJOURN  THE  HEARING  AS NECESSARY TO PERMIT THE OFFENDER OR THE
   40  DISTRICT ATTORNEY TO OBTAIN MATERIALS  RELEVANT  TO  THE  DETERMINATIONS
   41  FROM  THE  STATE  BOARD  OF EXAMINERS OF OFFENDERS OR ANY STATE OR LOCAL
   42  FACILITY, HOSPITAL, INSTITUTION, OFFICE, AGENCY, DEPARTMENT OR DIVISION.
   43  SUCH MATERIALS MAY BE OBTAINED BY SUBPOENA IF NOT  VOLUNTARILY  PROVIDED
   44  TO  THE  REQUESTING  PARTY. IN MAKING THE DETERMINATIONS THE COURT SHALL
   45  REVIEW ANY VICTIM'S STATEMENT AND ANY RELEVANT  MATERIALS  AND  EVIDENCE
   46  SUBMITTED  BY THE OFFENDER AND THE DISTRICT ATTORNEY AND THE RECOMMENDA-
   47  TION AND ANY MATERIAL SUBMITTED BY THE BOARD, AND MAY CONSIDER  RELIABLE
   48  HEARSAY EVIDENCE SUBMITTED BY EITHER PARTY, PROVIDED THAT IT IS RELEVANT
   49  TO  THE  DETERMINATIONS. IF AVAILABLE, FACTS PROVEN AT TRIAL OR ELICITED
   50  AT THE TIME OF A PLEA OF GUILTY SHALL BE DEEMED ESTABLISHED BY CLEAR AND
   51  CONVINCING EVIDENCE AND SHALL NOT BE RELITIGATED. THE COURT SHALL RENDER
   52  AN ORDER SETTING FORTH ITS DETERMINATIONS AND THE FINDINGS OF  FACT  AND
   53  CONCLUSIONS  OF LAW ON WHICH THE DETERMINATIONS ARE BASED. A COPY OF THE
   54  ORDER SHALL BE SUBMITTED BY THE COURT TO THE DIVISION. UPON  APPLICATION
   55  OF  EITHER  PARTY, THE COURT SHALL SEAL ANY PORTION OF THE COURT FILE OR
   56  RECORD WHICH CONTAINS MATERIAL THAT IS CONFIDENTIAL UNDER ANY  STATE  OR
       S. 4205                            57
    1  FEDERAL  STATUTE.  EITHER  PARTY  MAY  APPEAL AS OF RIGHT FROM THE ORDER
    2  PURSUANT TO THE PROVISIONS OF ARTICLES FIFTY-FIVE, FIFTY-SIX AND  FIFTY-
    3  SEVEN  OF  THE  CIVIL  PRACTICE  LAW  AND  RULES. WHERE COUNSEL HAS BEEN
    4  ASSIGNED  TO REPRESENT THE OFFENDER UPON THE GROUND THAT THE OFFENDER IS
    5  FINANCIALLY UNABLE TO RETAIN COUNSEL, THAT ASSIGNMENT SHALL BE CONTINUED
    6  THROUGHOUT THE PENDENCY OF THE APPEAL, AND THE PERSON MAY  APPEAL  AS  A
    7  POOR PERSON PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW.
    8    3.  IF  AN  OFFENDER, HAVING BEEN GIVEN NOTICE, INCLUDING THE TIME AND
    9  PLACE OF THE DETERMINATION PROCEEDING IN ACCORDANCE WITH  THIS  SECTION,
   10  FAILS TO APPEAR AT THIS PROCEEDING, WITHOUT SUFFICIENT EXCUSE, THE COURT
   11  SHALL  CONDUCT THE HEARING AND MAKE THE DETERMINATIONS IN THE MANNER SET
   12  FORTH IN SUBDIVISION TWO OF THIS SECTION.
   13    S 167-F. BOARD OF EXAMINERS OF  VIOLENT  FELONY  OFFENDERS.  1.  THERE
   14  SHALL  BE  A  BOARD OF EXAMINERS OF VIOLENT FELONY OFFENDERS WHICH SHALL
   15  POSSESS THE POWERS AND DUTIES SPECIFIED IN THIS  SECTION.    SUCH  BOARD
   16  SHALL  CONSIST  OF FIVE MEMBERS OF THE DEPARTMENT WHO SHALL BE APPOINTED
   17  BY THE GOVERNOR, THREE OF WHOM SHALL BE EXPERTS  IN  THE  FIELD  OF  THE
   18  BEHAVIOR  AND TREATMENT OF VIOLENT FELONY OFFENDERS.  THE TERM OF OFFICE
   19  OF EACH MEMBER OF SUCH BOARD SHALL BE FOR SIX YEARS; PROVIDED,  HOWEVER,
   20  THAT  ANY  MEMBER  CHOSEN  TO FILL A VACANCY OCCURRING OTHERWISE THAN BY
   21  EXPIRATION OF TERM SHALL BE APPOINTED FOR THE REMAINDER OF THE UNEXPIRED
   22  TERM OF THE MEMBER WHOM HE OR SHE IS TO SUCCEED. IN  THE  EVENT  OF  THE
   23  INABILITY  TO ACT OF ANY MEMBER, THE GOVERNOR MAY APPOINT SOME COMPETENT
   24  INFORMED PERSON TO ACT IN HIS OR HER STEAD  DURING  THE  CONTINUANCE  OF
   25  SUCH DISABILITY.
   26    2.  THE  GOVERNOR  SHALL  DESIGNATE ONE OF THE MEMBERS OF THE BOARD AS
   27  CHAIRMAN TO SERVE IN SUCH CAPACITY AT THE PLEASURE OF  THE  GOVERNOR  OR
   28  UNTIL  THE MEMBER'S TERM OF OFFICE EXPIRES AND A SUCCESSOR IS DESIGNATED
   29  IN ACCORDANCE WITH LAW, WHICHEVER FIRST OCCURS.
   30    3. ANY MEMBER OF THE BOARD MAY BE REMOVED BY THE  GOVERNOR  FOR  CAUSE
   31  AFTER AN OPPORTUNITY TO BE HEARD.
   32    4.  EXCEPT AS OTHERWISE PROVIDED BY LAW, A MAJORITY OF THE BOARD SHALL
   33  CONSTITUTE A QUORUM FOR THE TRANSACTION OF ALL BUSINESS OF THE BOARD.
   34    5. THE BOARD SHALL DEVELOP GUIDELINES AND  PROCEDURES  TO  ASSESS  THE
   35  RISK  OF A REPEAT OFFENSE BY SUCH VIOLENT FELONY OFFENDER AND THE THREAT
   36  POSED TO THE PUBLIC SAFETY. SUCH GUIDELINES SHALL BE BASED UPON, BUT NOT
   37  LIMITED TO, THE FOLLOWING:
   38    (A) CRIMINAL  HISTORY  FACTORS  INDICATIVE  OF  HIGH  RISK  OF  REPEAT
   39  OFFENSE, INCLUDING: (I) WHETHER THE VIOLENT FELONY OFFENDER HAS A MENTAL
   40  ABNORMALITY;
   41    (II)  WHETHER  THE  VIOLENT  FELONY OFFENDER'S CONDUCT WAS FOUND TO BE
   42  CHARACTERIZED BY REPETITIVE AND  COMPULSIVE  BEHAVIOR,  ASSOCIATED  WITH
   43  DRUGS OR ALCOHOL;
   44    (III) WHETHER THE VIOLENT FELONY OFFENDER SERVED THE MAXIMUM TERM;
   45    (IV)  WHETHER THE VIOLENT FELONY OFFENDER COMMITTED THE VIOLENT FELONY
   46  OFFENSE AGAINST A CHILD;
   47    (V) THE AGE OF THE VIOLENT FELONY OFFENDER AT THE TIME OF THE  COMMIS-
   48  SION OF THE FIRST VIOLENT OFFENSE;
   49    (B)  OTHER  CRIMINAL  HISTORY  FACTORS TO BE CONSIDERED IN DETERMINING
   50  RISK, INCLUDING:
   51    (I) THE RELATIONSHIP BETWEEN SUCH  VIOLENT  FELONY  OFFENDER  AND  THE
   52  VICTIM;
   53    (II)  WHETHER  THE  OFFENSE  INVOLVED THE USE OF A WEAPON, VIOLENCE OR
   54  INFLICTION OF SERIOUS BODILY INJURY;
   55    (III) THE NUMBER, DATE AND NATURE OF PRIOR OFFENSES;
       S. 4205                            58
    1    (C) CONDITIONS OF RELEASE THAT MINIMIZE RISK OF RE-OFFENSE,  INCLUDING
    2  BUT  NOT  LIMITED TO WHETHER THE VIOLENT FELONY OFFENDER IS UNDER SUPER-
    3  VISION; RECEIVING COUNSELING, THERAPY OR TREATMENT;  OR  RESIDING  IN  A
    4  HOME SITUATION THAT PROVIDES GUIDANCE AND SUPERVISION;
    5    (D)  PHYSICAL  CONDITIONS  THAT MINIMIZE RISK OF RE-OFFENSE, INCLUDING
    6  BUT NOT LIMITED TO ADVANCED AGE OR DEBILITATING ILLNESS;
    7    (E) WHETHER PSYCHOLOGICAL OR PSYCHIATRIC PROFILES INDICATE A  RISK  OF
    8  RECIDIVISM;
    9    (F) THE VIOLENT FELONY OFFENDER'S RESPONSE TO TREATMENT;
   10    (G) RECENT BEHAVIOR, INCLUDING BEHAVIOR WHILE CONFINED;
   11    (H)  RECENT  THREATS  OR  GESTURES  AGAINST  PERSONS OR EXPRESSIONS OF
   12  INTENT TO COMMIT ADDITIONAL OFFENSES; AND
   13    (I) REVIEW OF ANY VICTIM IMPACT STATEMENT.
   14    6. APPLYING THESE GUIDELINES, THE BOARD SHALL  WITHIN  SIXTY  CALENDAR
   15  DAYS  PRIOR  TO  THE  DISCHARGE,  PAROLE  OR RELEASE OF A VIOLENT FELONY
   16  OFFENDER MAKE A RECOMMENDATION WHICH SHALL BE CONFIDENTIAL AND SHALL NOT
   17  BE AVAILABLE FOR PUBLIC INSPECTION, TO THE SENTENCING COURT AS TO WHETH-
   18  ER SUCH VIOLENT FELONY OFFENDER  WARRANTS  THE  DESIGNATION  OF  VIOLENT
   19  PREDATOR.  IN  ADDITION, THE GUIDELINES SHALL BE APPLIED BY THE BOARD TO
   20  MAKE A RECOMMENDATION TO THE SENTENCING COURT, PROVIDING FOR ONE OF  THE
   21  FOLLOWING   THREE  LEVELS  OF  NOTIFICATION  NOTWITHSTANDING  ANY  OTHER
   22  PROVISION OF LAW DEPENDING UPON THE DEGREE OF THE RISK OF RE-OFFENSE  BY
   23  THE VIOLENT FELONY OFFENDER.
   24    (A)  IF  THE  RISK  OF  REPEAT OFFENSE IS LOW, A LEVEL ONE DESIGNATION
   25  SHALL BE GIVEN TO SUCH VIOLENT FELONY OFFENDER. IN  SUCH  CASE  THE  LAW
   26  ENFORCEMENT  AGENCY  HAVING  JURISDICTION AND THE LAW ENFORCEMENT AGENCY
   27  HAVING HAD JURISDICTION AT THE TIME OF HIS OR HER  CONVICTION  SHALL  BE
   28  NOTIFIED PURSUANT TO THIS ARTICLE.
   29    (B) IF THE RISK OF REPEAT OFFENSE IS MODERATE, A LEVEL TWO DESIGNATION
   30  SHALL  BE  GIVEN  TO  SUCH VIOLENT FELONY OFFENDER. IN SUCH CASE THE LAW
   31  ENFORCEMENT AGENCY HAVING JURISDICTION AND THE  LAW  ENFORCEMENT  AGENCY
   32  HAVING  HAD  JURISDICTION  AT THE TIME OF HIS OR HER CONVICTION SHALL BE
   33  NOTIFIED AND MAY DISSEMINATE  RELEVANT  INFORMATION  WHICH  MAY  INCLUDE
   34  APPROXIMATE  ADDRESS  BASED  ON  VIOLENT  FELONY  OFFENDER'S ZIP CODE, A
   35  PHOTOGRAPH  OF  THE  OFFENDER,  BACKGROUND  INFORMATION  INCLUDING   THE
   36  OFFENDER'S  CRIME  OF  CONVICTION,  MODUS  OF  OPERATION, TYPE OF VICTIM
   37  TARGETED AND THE DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON THE OFFEN-
   38  DER TO ANY ENTITY WITH VULNERABLE POPULATIONS RELATED TO THE  NATURE  OF
   39  THE  OFFENSE  COMMITTED  BY  SUCH  VIOLENT  FELONY  OFFENDER. ANY ENTITY
   40  RECEIVING INFORMATION ON A  VIOLENT  FELONY  OFFENDER  MAY  DISCLOSE  OR
   41  FURTHER DISSEMINATE SUCH INFORMATION AT THEIR DISCRETION.
   42    (C) IF THE RISK OF REPEAT OFFENSE IS HIGH AND THERE EXISTS A THREAT TO
   43  THE  PUBLIC  SAFETY,  SUCH  VIOLENT  FELONY  OFFENDER  SHALL BE DEEMED A
   44  "VIOLENT PREDATOR" AND A LEVEL THREE DESIGNATION SHALL BE GIVEN TO  SUCH
   45  VIOLENT FELONY OFFENDER. IN SUCH CASE, THE LAW ENFORCEMENT AGENCY HAVING
   46  JURISDICTION  AND  THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION AT
   47  THE TIME OF HIS OR HER CONVICTION SHALL BE NOTIFIED AND MAY  DISSEMINATE
   48  RELEVANT  INFORMATION  WHICH  MAY  INCLUDE THE VIOLENT FELONY OFFENDER'S
   49  EXACT ADDRESS, A PHOTOGRAPH  OF  THE  OFFENDER,  BACKGROUND  INFORMATION
   50  INCLUDING  THE  OFFENDER'S CRIME OF CONVICTION, MODUS OF OPERATION, TYPE
   51  OF VICTIM TARGETED, AND THE DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON
   52  THE OFFENDER TO ANY ENTITY WITH VULNERABLE POPULATIONS  RELATED  TO  THE
   53  NATURE OF THE OFFENSE COMMITTED BY SUCH VIOLENT FELONY OFFENDERS.
   54    ANY  ENTITY  RECEIVING  INFORMATION  ON  A VIOLENT FELONY OFFENDER MAY
   55  DISCLOSE OR FURTHER DISSEMINATE SUCH INFORMATION AT THEIR DISCRETION. IN
   56  ADDITION, IN SUCH CASE, THE INFORMATION DESCRIBED IN THIS SECTION  SHALL
       S. 4205                            59
    1  ALSO  BE  PROVIDED  IN  THE SUBDIRECTORY ESTABLISHED IN THIS ARTICLE AND
    2  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SUCH INFORMATION SHALL, UPON
    3  REQUEST, BE MADE AVAILABLE TO THE PUBLIC.
    4    7.  UPON  REQUEST  BY  THE  COURT,  PURSUANT  TO  SECTION  ONE HUNDRED
    5  SIXTY-SEVEN-I OF THIS ARTICLE, THE BOARD SHALL PROVIDE AN UPDATED REPORT
    6  PERTAINING TO THE VIOLENT FELONY OFFENDER PETITIONING RELIEF OF DUTY  TO
    7  REGISTER.
    8    S  167-G.  REVIEW.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE
    9  CONTRARY, ANY STATE OR LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTITU-
   10  TION SHALL FORWARD RELEVANT INFORMATION PERTAINING TO A  VIOLENT  FELONY
   11  OFFENDER  TO  BE DISCHARGED, PAROLED OR RELEASED TO THE BOARD FOR REVIEW
   12  NO LATER THAN ONE HUNDRED TWENTY DAYS PRIOR TO THE RELEASE OR  DISCHARGE
   13  AND  THE BOARD SHALL MAKE RECOMMENDATIONS AS PROVIDED IN SUBDIVISION SIX
   14  OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE WITHIN  SIXTY  DAYS
   15  OF  RECEIPT  OF  THE INFORMATION. INFORMATION MAY INCLUDE BUT MAY NOT BE
   16  LIMITED TO THE COMMITMENT FILE, MEDICAL FILE AND TREATMENT FILE PERTAIN-
   17  ING TO SUCH PERSON. SUCH PERSON SHALL BE  PERMITTED  TO  SUBMIT  TO  THE
   18  BOARD ANY INFORMATION RELEVANT TO THE REVIEW.
   19    S  167-H.  JUDICIAL DETERMINATION. 1. A DETERMINATION THAT AN OFFENDER
   20  IS A VIOLENT FELONY OFFENDER OR A VIOLENT PREDATOR SHALL BE  MADE  PRIOR
   21  TO  THE  DISCHARGE, PAROLE OR RELEASE OF SUCH OFFENDER BY THE SENTENCING
   22  COURT AFTER RECEIVING  A  RECOMMENDATION  FROM  THE  BOARD  PURSUANT  TO
   23  SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE.
   24    2.  IN  ADDITION, THE SENTENCING COURT SHALL ALSO MAKE A DETERMINATION
   25  WITH RESPECT TO THE LEVEL OF NOTIFICATION, AFTER RECEIVING A RECOMMENDA-
   26  TION FROM THE BOARD PURSUANT TO SECTION  ONE  HUNDRED  SIXTY-SEVEN-F  OF
   27  THIS  ARTICLE. BOTH DETERMINATIONS OF THE SENTENCING COURT SHALL BE MADE
   28  THIRTY CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE OR RELEASE.
   29    3. IN MAKING THE DETERMINATION, THE COURT SHALL  REVIEW  ANY  VICTIM'S
   30  STATEMENT  AND  ANY  MATERIALS SUBMITTED BY THE VIOLENT FELONY OFFENDER.
   31  THE COURT SHALL ALSO ALLOW THE VIOLENT FELONY OFFENDER TO APPEAR AND  BE
   32  HEARD,  AND  INFORM  THE  VIOLENT FELONY OFFENDER OF HIS OR HER RIGHT TO
   33  HAVE COUNSEL APPOINTED, IF NECESSARY.
   34    4. UPON DETERMINATION THAT THE RISK OF REPEAT OFFENSE  AND  THREAT  TO
   35  PUBLIC  SAFETY IS HIGH, THE SENTENCING COURT SHALL ALSO NOTIFY THE DIVI-
   36  SION OF SUCH FACT FOR THE PURPOSES OF SECTION ONE HUNDRED  SIXTY-SEVEN-K
   37  OF THIS ARTICLE.
   38    5.  UPON  THE  REVERSAL OF A CONVICTION OF THE VIOLENT FELONY OFFENSE,
   39  THE COURT SHALL ORDER THE EXPUNGEMENT OF ANY RECORDS REQUIRED TO BE KEPT
   40  PURSUANT TO THIS SECTION.
   41    S 167-I. PETITION FOR RELIEF. ANY VIOLENT FELONY OFFENDER REQUIRED  TO
   42  REGISTER PURSUANT TO THIS ARTICLE MAY BE RELIEVED OF ANY FURTHER DUTY TO
   43  REGISTER  UPON  THE  GRANTING OF A PETITION FOR RELIEF BY THE SENTENCING
   44  COURT. UPON RECEIPT OF THE PETITION FOR RELIEF, THE COURT  SHALL  NOTIFY
   45  THE BOARD AND REQUEST AN UPDATED REPORT PERTAINING TO THE VIOLENT FELONY
   46  OFFENDER. AFTER RECEIVING THE REPORT FROM THE BOARD, THE COURT MAY GRANT
   47  OR  DENY  THE RELIEF SOUGHT. THE COURT MAY CONSULT WITH THE VICTIM PRIOR
   48  TO MAKING A DETERMINATION ON THE PETITION. SUCH  PETITION,  IF  GRANTED,
   49  SHALL  NOT  RELIEVE  THE  PETITIONER OF THE DUTY TO REGISTER PURSUANT TO
   50  THIS ARTICLE UPON CONVICTION OF ANY OFFENSE  REQUIRING  REGISTRATION  IN
   51  THE FUTURE.
   52    S  167-J. SPECIAL TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE HUNDRED
   53  SIXTY-THREE OF THIS ARTICLE, THE DIVISION SHALL ALSO OPERATE A TELEPHONE
   54  NUMBER THAT MEMBERS OF THE PUBLIC MAY CALL AND INQUIRE WHETHER  A  NAMED
   55  INDIVIDUAL  REQUIRED TO REGISTER PURSUANT TO THIS ARTICLE IS LISTED. THE
   56  DIVISION SHALL ASCERTAIN WHETHER A NAMED PERSON REASONABLY APPEARS TO BE
       S. 4205                            60
    1  A PERSON SO LISTED AND PROVIDE THE CALLER WITH THE RELEVANT  INFORMATION
    2  ACCORDING TO RISK AS DESCRIBED IN SUBDIVISION SIX OF SECTION ONE HUNDRED
    3  SIXTY-SEVEN-F  OF  THIS  ARTICLE.  THE DIVISION SHALL DECIDE WHETHER THE
    4  NAMED PERSON REASONABLY APPEARS TO BE A PERSON LISTED, BASED UPON INFOR-
    5  MATION  FROM  THE CALLER PROVIDING INFORMATION THAT SHALL INCLUDE (A) AN
    6  EXACT STREET  ADDRESS,  INCLUDING  APARTMENT  NUMBER,  DRIVER'S  LICENSE
    7  NUMBER OR BIRTH DATE, ALONG WITH ADDITIONAL INFORMATION THAT MAY INCLUDE
    8  SOCIAL  SECURITY NUMBER, HAIR COLOR, EYE COLOR, HEIGHT, WEIGHT, DISTINC-
    9  TIVE MARKINGS, ETHNICITY; OR (B) ANY COMBINATION  OF  THE  ABOVE  LISTED
   10  CHARACTERISTICS  IF  AN EXACT BIRTH DATE OR ADDRESS IS NOT AVAILABLE. IF
   11  THREE OF THE CHARACTERISTICS PROVIDED INCLUDE ETHNICITY, HAIR COLOR, AND
   12  EYE COLOR, OTHER IDENTIFYING  CHARACTERISTICS  SHALL  BE  PROVIDED.  ANY
   13  INFORMATION  IDENTIFYING  THE  VICTIM  BY  NAME,  BIRTH DATE, ADDRESS OR
   14  RELATION TO THE PERSON LISTED BY THE DIVISION SHALL BE EXCLUDED  BY  THE
   15  DIVISION.
   16    2.  WHENEVER  THERE  IS REASONABLE CAUSE TO BELIEVE THAT ANY PERSON OR
   17  GROUP OF PERSONS IS ENGAGED IN A PATTERN OR PRACTICE OF  MISUSE  OF  THE
   18  TELEPHONE  NUMBER,  THE  ATTORNEY  GENERAL, ANY DISTRICT ATTORNEY OR ANY
   19  PERSON AGGRIEVED BY THE MISUSE OF THE NUMBER IS AUTHORIZED  TO  BRING  A
   20  CIVIL  ACTION  IN  THE  APPROPRIATE  COURT REQUESTING PREVENTIVE RELIEF,
   21  INCLUDING AN  APPLICATION  FOR  A  PERMANENT  OR  TEMPORARY  INJUNCTION,
   22  RESTRAINING  ORDER OR OTHER ORDER AGAINST THE PERSON OR GROUP OF PERSONS
   23  RESPONSIBLE FOR THE PATTERN OR PRACTICE OF MISUSE. THE  FOREGOING  REME-
   24  DIES  SHALL  BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCEDURES THAT MAY
   25  BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS OF  LAW.  SUCH
   26  PERSON  OR  GROUP OF PERSONS SHALL BE SUBJECT TO A FINE OF NOT LESS THAN
   27  FIVE HUNDRED DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS.
   28    3. THE DIVISION SHALL SUBMIT TO THE LEGISLATURE AN  ANNUAL  REPORT  ON
   29  THE  OPERATION OF THE TELEPHONE NUMBER. THE ANNUAL REPORT SHALL INCLUDE,
   30  BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING:
   31    (A) NUMBER OF CALLS RECEIVED;
   32    (B) A DETAILED OUTLINE OF THE AMOUNT OF MONEY EXPENDED AND THE  MANNER
   33  IN WHICH IT WAS EXPENDED FOR PURPOSES OF THIS SECTION;
   34    (C)  NUMBER  OF CALLS THAT RESULTED IN AN AFFIRMATIVE RESPONSE AND THE
   35  NUMBER OF CALLS THAT RESULTED IN A  NEGATIVE  RESPONSE  WITH  REGARD  TO
   36  WHETHER A NAMED INDIVIDUAL WAS LISTED;
   37    (D) NUMBER OF PERSONS LISTED; AND
   38    (E)  A  SUMMARY  OF  THE SUCCESS OF THE TELEPHONE NUMBER PROGRAM BASED
   39  UPON SELECTED FACTORS.
   40    S 167-K. VIOLENT PREDATOR SUBDIRECTORY. 1. THE DIVISION SHALL MAINTAIN
   41  A SUBDIRECTORY OF VIOLENT PREDATORS. THE SUBDIRECTORY SHALL INCLUDE  THE
   42  EXACT  ADDRESS  AND PHOTOGRAPH OF THE VIOLENT FELONY OFFENDER ALONG WITH
   43  THE FOLLOWING INFORMATION, IF AVAILABLE: NAME, PHYSICAL DESCRIPTION, AGE
   44  AND DISTINCTIVE MARKINGS. BACKGROUND INFORMATION INCLUDING  THE  VIOLENT
   45  FELONY  OFFENDER'S  CRIME  OF  CONVICTION,  MODUS  OF OPERATION, TYPE OF
   46  VICTIM TARGETED, AND A DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON  THE
   47  VIOLENT  FELONY  OFFENDER SHALL ALSO BE INCLUDED. THE SUBDIRECTORY SHALL
   48  HAVE VIOLENT FELONY OFFENDER LISTINGS  CATEGORIZED  BY  COUNTY  AND  ZIP
   49  CODE.  A  COPY  OF THE SUBDIRECTORY SHALL ANNUALLY BE DISTRIBUTED TO THE
   50  OFFICES OF LOCAL VILLAGE, TOWN OR CITY POLICE DEPARTMENTS  FOR  PURPOSES
   51  OF  PUBLIC ACCESS. SUCH DEPARTMENTS SHALL REQUIRE THAT A PERSON IN WRIT-
   52  ING EXPRESS A PURPOSE IN ORDER TO HAVE ACCESS TO  THE  SUBDIRECTORY  AND
   53  SUCH DEPARTMENT SHALL MAINTAIN THESE REQUESTS. ANY INFORMATION IDENTIFY-
   54  ING  THE  VICTIM BY NAME, BIRTH DATE, ADDRESS OR RELATION TO THE VIOLENT
   55  FELONY OFFENDER SHALL BE EXCLUDED FROM THE SUBDIRECTORY DISTRIBUTED  FOR
   56  PURPOSES OF PUBLIC ACCESS. THE SUBDIRECTORY PROVIDED FOR IN THIS SECTION
       S. 4205                            61
    1  SHALL  BE UPDATED PERIODICALLY TO MAINTAIN ITS EFFICIENCY AND USEFULNESS
    2  AND MAY BE COMPUTER ACCESSIBLE.
    3    2.  ANY PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO THIS SECTION
    4  IN VIOLATION OF THE LAW SHALL IN ADDITION TO ANY OTHER PENALTY  OR  FINE
    5  IMPOSED,  BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND
    6  NOT MORE THAN ONE THOUSAND DOLLARS. UNAUTHORIZED REMOVAL OR  DUPLICATION
    7  OF  THE  SUBDIRECTORY  FROM THE OFFICES OF LOCAL, VILLAGE OR CITY POLICE
    8  DEPARTMENT SHALL BE PUNISHABLE BY A FINE  NOT  TO  EXCEED  ONE  THOUSAND
    9  DOLLARS.  IN  ADDITION,  THE ATTORNEY GENERAL, ANY DISTRICT ATTORNEY, OR
   10  ANY PERSON AGGRIEVED IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPRO-
   11  PRIATE COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION  FOR
   12  A  PERMANENT  OR TEMPORARY INJUNCTION, RESTRAINING ORDER, OR OTHER ORDER
   13  AGAINST THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR SUCH ACTION.  THE
   14  FOREGOING  REMEDIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCE-
   15  DURES THAT MAY BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS
   16  OF LAW.
   17    S 167-L. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR  AGENCY,
   18  WHETHER  PUBLIC  OR  PRIVATE,  SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL
   19  LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
   20  AND NECESSARY INFORMATION PURSUANT TO THIS SECTION, PROVIDED THAT IT  IS
   21  SHOWN  THAT  SUCH  OFFICIAL,  EMPLOYEE OR AGENCY ACTED REASONABLY AND IN
   22  GOOD FAITH. THE IMMUNITY PROVIDED UNDER  THIS  SECTION  APPLIES  TO  THE
   23  RELEASE  OF  RELEVANT  INFORMATION TO OTHER EMPLOYEES OR OFFICIALS OR TO
   24  THE GENERAL PUBLIC.
   25    2. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  IMPOSE  ANY  CIVIL  OR
   26  CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY
   27  OFFICIAL,  EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING TO
   28  RELEASE INFORMATION AS AUTHORIZED IN THIS SECTION PROVIDED  THAT  IT  IS
   29  SHOWN  THAT  SUCH  OFFICIAL,  EMPLOYEE OR AGENCY ACTED REASONABLY AND IN
   30  GOOD FAITH.
   31    S 167-M. ANNUAL REPORT. THE DIVISION SHALL ON OR BEFORE FEBRUARY FIRST
   32  IN EACH YEAR FILE A  REPORT  WITH  THE  GOVERNOR,  AND  THE  LEGISLATURE
   33  DETAILING  THE  PROGRAM,  COMPLIANCE WITH PROVISIONS OF THIS ARTICLE AND
   34  EFFECTIVENESS OF THE PROVISIONS  OF  THIS  ARTICLE,  TOGETHER  WITH  ANY
   35  RECOMMENDATIONS TO FURTHER ENHANCE THE INTENT OF THIS ARTICLE.
   36    S 167-N. FAILURE TO REGISTER; PENALTY. ANY PERSON REQUIRED TO REGISTER
   37  PURSUANT  TO THE PROVISIONS OF THIS ARTICLE WHO FAILS TO REGISTER IN THE
   38  MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE SHALL BE
   39  GUILTY OF A CLASS E FELONY FOR THE FIRST OFFENSE, AND FOR  A  SECOND  OR
   40  SUBSEQUENT  OFFENSE  SHALL BE GUILTY OF A CLASS D FELONY RESPECTIVELY IN
   41  ACCORDANCE WITH SECTIONS 195.03 AND 195.04 OF THE PENAL  LAW.  ANY  SUCH
   42  FAILURE  TO  REGISTER  MAY  ALSO  BE  THE BASIS FOR REVOCATION OF PAROLE
   43  PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW  WHICH
   44  SHALL BE IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW.
   45    S 167-O. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
   46  OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA-
   47  NOR.
   48    S  167-P. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
   49  PART OF THIS ACT SHALL BE ADJUDGED BY ANY COURT OF  COMPETENT  JURISDIC-
   50  TION  TO BE INVALID AND AFTER EXHAUSTION OF ALL FURTHER JUDICIAL REVIEW,
   51  THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THERE-
   52  OF, BUT SHALL BE CONFINED IN ITS  OPERATION  TO  THE  CLAUSE,  SENTENCE,
   53  PARAGRAPH,  SECTION OR PART OF THIS ACT DIRECTLY INVOLVED IN THE CONTRO-
   54  VERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED.
   55    S 167-Q.  SUBDIRECTORY; INTERNET POSTING. 1. THE DIVISION SHALL  MAIN-
   56  TAIN A SUBDIRECTORY OF LEVEL TWO AND THREE VIOLENT FELONY OFFENDERS. THE
       S. 4205                            62
    1  SUBDIRECTORY  SHALL INCLUDE THE EXACT ADDRESS, ADDRESS OF THE OFFENDER'S
    2  PLACE OF EMPLOYMENT AND PHOTOGRAPH OF THE VIOLENT FELONY OFFENDER  ALONG
    3  WITH   THE   FOLLOWING   INFORMATION,   IF   AVAILABLE:  NAME,  PHYSICAL
    4  DESCRIPTION,   AGE  AND  DISTINCTIVE  MARKINGS.  BACKGROUND  INFORMATION
    5  INCLUDING THE VIOLENT FELONY OFFENDER'S CRIME OF  CONVICTION,  MODUS  OF
    6  OPERATION, TYPE OF VICTIM TARGETED, THE NAME AND ADDRESS OF ANY INSTITU-
    7  TION  OF  HIGHER  EDUCATION  AT  WHICH  THE  VIOLENT  FELONY OFFENDER IS
    8  ENROLLED, ATTENDS, IS EMPLOYED OR RESIDES AND A DESCRIPTION  OF  SPECIAL
    9  CONDITIONS  IMPOSED  ON  THE  VIOLENT  FELONY  OFFENDER  SHALL  ALSO  BE
   10  INCLUDED. THE SUBDIRECTORY SHALL HAVE VIOLENT FELONY  OFFENDER  LISTINGS
   11  CATEGORIZED  BY  COUNTY  AND  ZIP CODE. A COPY OF THE SUBDIRECTORY SHALL
   12  ANNUALLY BE DISTRIBUTED TO THE OFFICES OF  LOCAL  VILLAGE,  TOWN,  CITY,
   13  COUNTY  OR STATE LAW ENFORCEMENT AGENCIES FOR PURPOSES OF PUBLIC ACCESS.
   14  THE DIVISION SHALL DISTRIBUTE MONTHLY UPDATES TO THE  OFFICES  OF  LOCAL
   15  VILLAGE,  TOWN,  CITY,  COUNTY  OR  STATE  LAW  ENFORCEMENT AGENCIES FOR
   16  PURPOSES OF PUBLIC ACCESS. SUCH DEPARTMENTS SHALL REQUIRE THAT A  PERSON
   17  IN WRITING PROVIDE THEIR NAME AND ADDRESS PRIOR TO VIEWING THE SUBDIREC-
   18  TORY.  ANY  INFORMATION  IDENTIFYING  THE  VICTIM  BY  NAME, BIRTH DATE,
   19  ADDRESS OR RELATION TO THE VIOLENT FELONY  OFFENDER  SHALL  BE  EXCLUDED
   20  FROM  THE  SUBDIRECTORY  DISTRIBUTED  FOR PURPOSES OF PUBLIC ACCESS. THE
   21  SUBDIRECTORY PROVIDED FOR HEREIN SHALL BE UPDATED  MONTHLY  TO  MAINTAIN
   22  ITS  EFFICIENCY  AND  USEFULNESS AND SHALL BE COMPUTER ACCESSIBLE.  SUCH
   23  SUBDIRECTORY SHALL BE MADE AVAILABLE AT ALL TIMES ON  THE  INTERNET  VIA
   24  THE  DIVISION  HOMEPAGE. ANY PERSON MAY APPLY TO THE DIVISION TO RECEIVE
   25  AUTOMATED E-MAIL NOTIFICATIONS WHENEVER A NEW  OR  UPDATED  SUBDIRECTORY
   26  REGISTRATION  OCCURS  IN A GEOGRAPHIC AREA SPECIFIED BY SUCH PERSON. THE
   27  DIVISION SHALL FURNISH SUCH SERVICE AT NO CHARGE  TO  SUCH  PERSON,  WHO
   28  SHALL  REQUEST  E-MAIL  NOTIFICATION  BY COUNTY AND/OR ZIP CODE ON FORMS
   29  DEVELOPED AND PROVIDED BY THE DIVISION. E-MAIL NOTIFICATION  IS  LIMITED
   30  TO THREE GEOGRAPHIC AREAS PER E-MAIL ACCOUNT.
   31    2.  ANY PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO THIS SECTION
   32  IN VIOLATION OF THE LAW SHALL IN ADDITION TO ANY OTHER PENALTY  OR  FINE
   33  IMPOSED,  BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND
   34  NOT MORE THAN ONE THOUSAND DOLLARS. UNAUTHORIZED REMOVAL OR  DUPLICATION
   35  OF  THE  SUBDIRECTORY  FROM THE OFFICES OF LOCAL, VILLAGE OR CITY POLICE
   36  DEPARTMENT SHALL BE PUNISHABLE BY A FINE  NOT  TO  EXCEED  ONE  THOUSAND
   37  DOLLARS.  IN  ADDITION,  THE ATTORNEY GENERAL, ANY DISTRICT ATTORNEY, OR
   38  ANY PERSON AGGRIEVED IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPRO-
   39  PRIATE COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION  FOR
   40  A  PERMANENT  OR TEMPORARY INJUNCTION, RESTRAINING ORDER, OR OTHER ORDER
   41  AGAINST THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR SUCH ACTION.  THE
   42  FOREGOING  REMEDIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCE-
   43  DURES THAT MAY BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS
   44  OF LAW.
   45    S 4. This act shall take effect on the one hundred eightieth day after
   46  it shall have become a law; provided, however, that effective immediate-
   47  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
   48  necessary  for  the implementation of this act on its effective date are
   49  authorized and directed to be made  and  completed  on  or  before  such
   50  effective date.
   51                                   PART R
   52    Section  1. The penal law is amended by adding a new section 220.26 to
   53  read as follows:
   54  S 220.26 PRESUMPTION OF INTENT TO SELL.
       S. 4205                            63
    1    FOR THE PURPOSES OF A PROSECUTION OF A CHARGE UNDER SUBDIVISION ONE OF
    2  SECTION 220.16 OF THIS ARTICLE, THE POSSESSION OF FIFTY OR MORE INDIVID-
    3  UAL PACKAGES CONTAINING THE CONTROLLED SUBSTANCE DEFINED UNDER PARAGRAPH
    4  ELEVEN OF SUBDIVISION (C) OF SCHEDULE I OF SECTION THIRTY-THREE  HUNDRED
    5  SIX  OF  THE  PUBLIC HEALTH LAW AND/OR THE POSSESSION OF SUCH CONTROLLED
    6  SUBSTANCE IN AN AMOUNT  HAVING  AN  AGGREGATE  VALUE  OF  THREE  HUNDRED
    7  DOLLARS OR MORE, IS PRESUMPTIVE EVIDENCE THAT SUCH PERSON POSSESSED SUCH
    8  CONTROLLED SUBSTANCE WITH INTENT TO SELL IT.
    9    S  2.  This  act shall take effect on the ninetieth day after it shall
   10  have become a law.
   11                                   PART S
   12    Section 1. Paragraphs (e) and (g) of subdivision 2 of section 1349  of
   13  the  civil practice law and rules, paragraph (e) as added by chapter 655
   14  of the laws of 1990 and paragraph (g) as amended by chapter 398  of  the
   15  laws of 2004, are amended to read as follows:
   16    (e)  In addition to amounts, if any, distributed pursuant to paragraph
   17  (d) of this subdivision, [fifteen] TWENTY-FIVE  percent  of  all  moneys
   18  realized through forfeiture to the claiming authority in satisfaction of
   19  actual costs and expenses incurred in the investigation, preparation and
   20  litigation  of  the  forfeiture action, including that proportion of the
   21  salaries of the attorneys, clerical and investigative personnel  devoted
   22  thereto,  plus  all costs and disbursements taxable under the provisions
   23  of this chapter. IF THE ACTUAL COSTS SUBMITTED BY THE CLAIMING AUTHORITY
   24  PURSUANT TO THIS PARAGRAPH ARE LESS THAN THE CORPUS OF  THE  TWENTY-FIVE
   25  PERCENT  ALLOCATED  AND ALLOWABLE FOR REIMBURSEMENT BY THIS SUBDIVISION,
   26  THE CLAIMING AUTHORITY MAY RETAIN THE ADDITIONAL MONIES  IN  A  DISTINCT
   27  SUBACCOUNT  SEGREGATED  FROM  THE  CLAIMING  AUTHORITY'S OTHER OPERATING
   28  ACCOUNTS, SAID ADDITIONAL MONIES SHALL  BE  RESTRICTED  TO  USE  BY  THE
   29  CLAIMING AUTHORITY ONLY FOR INVESTIGATION AND PROSECUTION OF ARTICLE TWO
   30  HUNDRED TWENTY OFFENSES OF THE PENAL LAW;
   31    (g)  [Forty]  FIFTY  percent of all moneys realized through forfeiture
   32  which are remaining  after  distributions  pursuant  to  paragraphs  (a)
   33  through (f) of this subdivision, to the chemical dependence service fund
   34  established pursuant to section ninety-seven-w of the state finance law;
   35    S  2.  Subparagraphs (i) and (ii) of paragraph (h) of subdivision 2 of
   36  section 1349 of the civil practice law and rules, as  added  by  chapter
   37  655 of the laws of 1990, are amended to read as follows:
   38    (i)  [seventy-five] FIFTY percent of such moneys shall be deposited to
   39  a law enforcement purposes subaccount of the general fund of  the  state
   40  where  the  claiming  agent  is  an agency of the state or the political
   41  subdivision or public authority of which the claiming agent is  a  part,
   42  to  be  used  for  law enforcement use in the investigation of penal law
   43  offenses;
   44    (ii) the remaining [twenty-five] FIFTY percent of such moneys shall be
   45  deposited to a prosecution services subaccount of the  general  fund  of
   46  the  state  where  the claiming authority is the attorney general or the
   47  political subdivision of which the claiming authority is a part,  to  be
   48  used  for  the prosecution of ARTICLE TWO HUNDRED TWENTY OFFENSES OF THE
   49  penal law [offenses].
   50    S 3. This act shall take effect immediately.
   51                                   PART T
       S. 4205                            64
    1    Section 1. Section 1000 of the retirement and social security law,  as
    2  added  by  chapter  548  of  the laws of 2000, subdivision 9 as added by
    3  chapter 547 of the laws of 2002 and subdivision 10 as added  by  chapter
    4  18 of the laws of 2012, is amended to read as follows:
    5    S  1000.  Military  service  credit.  Notwithstanding  any  law to the
    6  contrary, a member of a  public  retirement  system  of  the  state,  as
    7  defined  in subdivision twenty-three of section five hundred one of this
    8  chapter, shall be eligible for credit for military service as hereinaft-
    9  er provided:
   10    1. A member, upon application to such retirement system, may obtain  a
   11  total  not to exceed three years of service credit for up to three years
   12  of military duty, as defined in section two hundred forty-three  of  the
   13  military  law,  if the member was honorably discharged from the military
   14  [and all or part of  such  military  service  was  rendered  during  the
   15  following  periods:  (a)  commencing  December seventh, nineteen hundred
   16  forty-one  and  terminating  December  thirty-first,  nineteen   hundred
   17  forty-six;  (b)  commencing  June twenty-seventh, nineteen hundred fifty
   18  and terminating January thirty-first, nineteen  hundred  fifty-five;  or
   19  (c)  commencing  February  twenty-eighth, nineteen hundred sixty-one and
   20  terminating May seventh, nineteen hundred seventy-five;
   21    2. A member, upon application to such retirement system, may obtain  a
   22  total  not to exceed three years of service credit for up to three years
   23  of military duty, as defined in section two hundred forty-three  of  the
   24  military  law, if honorably discharged therefrom, if all or part of such
   25  services was rendered in the military  conflicts  referenced  below,  as
   26  follows:
   27    (a)  hostilities  participated in by the military forces of the United
   28  States in Lebanon, from the first day of June, nineteen hundred  eighty-
   29  three  to  the  first day of December, nineteen hundred eighty-seven, as
   30  established by receipt of the armed forces expeditionary medal, the navy
   31  expeditionary medal, or the marine corps expeditionary medal;
   32    (b) hostilities participated in by the military forces of  the  United
   33  States  in  Grenada,  from  the  twenty-third  day  of October, nineteen
   34  hundred eighty-three to  the  twenty-first  day  of  November,  nineteen
   35  hundred  eighty-three,  as  established  by  receipt of the armed forces
   36  expeditionary medal, the navy expeditionary medal, or the  marine  corps
   37  expeditionary medal;
   38    (c)  hostilities  participated in by the military forces of the United
   39  States in Panama, from the twentieth day of December,  nineteen  hundred
   40  eighty-nine to the thirty-first day of January, nineteen hundred ninety,
   41  as  established  by receipt of the armed forces expeditionary medal, the
   42  navy expeditionary medal, or the marine corps expeditionary medal; or
   43    (d) hostilities participated in by the military forces of  the  United
   44  States,  from  the second day of August, nineteen hundred ninety, to the
   45  end of such hostilities in case of a veteran who served in  the  theater
   46  of  operations including Iraq, Kuwait, Saudi Arabia, Bahrain, Qatar, the
   47  United Arab Emirates, Oman, the Gulf of Aden,  the  Gulf  of  Oman,  the
   48  Persian Gulf, the Red Sea, and the airspace above these locations].
   49    [3] 2. A member must have at least five years of credited service (not
   50  including  service  granted  hereunder) to be eligible to receive credit
   51  under this section.
   52    [4] 3. To obtain such credit,  a  member  shall  pay  such  retirement
   53  system,  for  deposit  in  the fund used to accumulate employer contrib-
   54  utions, a sum equal to the product of the number of  years  of  military
   55  service  being  claimed  and three percent of such member's compensation
   56  earned during the twelve months of credited service immediately  preced-
       S. 4205                            65
    1  ing  the  date  that  the member made application for credit pursuant to
    2  this section. If permitted by  rule  or  regulation  of  the  applicable
    3  retirement  system,  the  member  may  pay  such member costs by payroll
    4  deduction  for  a period which shall not exceed the time period of mili-
    5  tary service to be credited pursuant to this section. In the  event  the
    6  member leaves the employer payroll prior to completion of payment, he or
    7  she  shall  forward  all  remaining required payments to the appropriate
    8  retirement system prior to the effective date of retirement. If the full
    9  amount of such member costs is not paid to  the  appropriate  retirement
   10  system  prior to the member's retirement, the amount of service credited
   11  shall be proportional to the total amount of the payments made prior  to
   12  retirement.
   13    [5]  4. In no event shall the credit granted pursuant to this section,
   14  when added to credit granted for military service  with  any  retirement
   15  system  of  this  state  pursuant to this or any other provision of law,
   16  exceed a total of three years.
   17    [6] 5. To be eligible to receive credit  for  military  service  under
   18  this  section, a member must make application for such credit before the
   19  effective date of retirement. [Notwithstanding the foregoing  provisions
   20  of  this  subdivision,  an  individual  who retired on or after December
   21  twenty-first, nineteen hundred ninety-eight  and  before  the  effective
   22  date  of  this  section may make application for credit pursuant to this
   23  section within one year following the effective date of this section, in
   24  which event, the cost to the retiree would be based on the twelve  month
   25  period immediately preceding retirement.]
   26    [7]  6.  All  costs  for service credited to a member pursuant to this
   27  section, other than the member costs set forth  in  subdivision  [three]
   28  TWO  of this section, shall be paid by the state and all employers which
   29  participate in the retirement system in which  such  member  is  granted
   30  credit.
   31    [8]  7. A member who has purchased military service credit pursuant to
   32  section two hundred forty-four-a of the military law shall  be  entitled
   33  to  a refund of the difference between the amount paid by the member for
   34  such purchase and the amount that would be payable if service  had  been
   35  purchased pursuant to this section.
   36    [9]  8.  Notwithstanding  any  other provision of law, in the event of
   37  death prior to retirement, amounts paid by the member for  the  purchase
   38  of  military  service credit pursuant to this section shall be refunded,
   39  with interest, to the extent the military service  purchased  with  such
   40  amounts  does  not  produce a greater death benefit than would have been
   41  payable had the member not purchased such credit.
   42    Notwithstanding any other provision of law, in the  event  of  retire-
   43  ment,  amounts  paid  by the member for the purchase of military service
   44  credit pursuant to this section shall be refunded, with interest, to the
   45  extent the military service purchased with such amounts does not produce
   46  a greater retirement allowance than would  have  been  payable  had  the
   47  member not purchased such credit.
   48    [10.]  9. Anything to the contrary in subdivision [four] THREE of this
   49  section notwithstanding, to obtain such credit, a member who first joins
   50  a public retirement system of the state on or  after  April  first,  two
   51  thousand  twelve  shall  pay  such retirement system, for deposit in the
   52  fund used to accumulate employer contributions, a sum equal to the prod-
   53  uct of the number of years of military service  being  claimed  and  six
   54  percent of such member's compensation earned during the twelve months of
   55  credited  service  immediately  preceding  the date that the member made
   56  application for credit pursuant to this section.
       S. 4205                            66
    1    S 2.   The sum of thirty-one million  five  hundred  thousand  dollars
    2  ($31,500,000),  or so much thereof as may be necessary, is hereby appro-
    3  priated to the department of audit and control out of any moneys in  the
    4  state  treasury  in the general fund to the credit of the state purposes
    5  account, not otherwise appropriated, and made immediately available, for
    6  the  purpose  of  carrying  out the provisions of this act.  Such moneys
    7  shall be payable on the audit and warrant of the comptroller on vouchers
    8  certified or approved by the head of the appropriate  public  retirement
    9  system in the manner prescribed by law.
   10    S 3. This act shall take effect immediately.
         FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
         This  bill  would  allow  up  to three (3) years of service credit for
       military duty by removing all existing requirements that  such  military
       service  be performed during certain war periods, during certain hostil-
       ities while in the theater of operations  or  upon  the  receipt  of  an
       expeditionary  medal.  However,  the  total  service  credit granted for
       active and peacetime military service shall not exceed three (3)  years.
       Tier  6  members  would  be required to make a payment of six percent of
       current compensation per year of additional service  credit  granted  by
       this  bill.  Members  of  all  other  Tiers  would be required to make a
       payment of three percent of current compensation per year of  additional
       service credit granted by this bill. Members must have at least five (5)
       years of credited service (not including military service).
         If this bill is enacted, insofar as this proposal affects the New York
       State and Local Employees' Retirement System (ERS), it is estimated that
       the  past service cost will average approximately 12% (9% for Tier 6) of
       an affected members' compensation for each year  of  additional  service
       credit that is purchased.
         Insofar  as  this proposal affects the New York State and Local Police
       and Fire Retirement System (PFRS), it is estimated that the past service
       cost will average approximately 17% (14% for  Tier  6)  of  an  affected
       members'  compensation  for  each  year  of  additional  service that is
       purchased.
         The exact number of current members as  well  as  future  members  who
       could be affected by this legislation cannot be readily determined.
         ERS Costs: Pursuant to Section 25 of the Retirement and Social Securi-
       ty  Law,  the  increased cost to the New York State and Local Employees'
       Retirement System would be borne entirely by the State of New  York  and
       would  require  an  itemized appropriation sufficient to pay the cost of
       the provision. Since a member can apply for this service credit  at  any
       time  prior to retirement, a precise cost can't be determined until each
       member, as well as future members, applies for the service credit. Every
       year a cost will be determined (and billed to the state) based on  those
       benefiting from this provision.
         PFRS  Costs:  These costs would be shared by the State of New York and
       the participating employers in the PFRS.
         Summary of relevant resources:
         The membership data used in  measuring  the  impact  of  the  proposed
       change  was  the same as that used in the March 31, 2014 actuarial valu-
       ation.  Distributions and other statistics can  be  found  in  the  2014
       Report  of  the  Actuary  and  the  2014  Comprehensive Annual Financial
       Report.
         The actuarial assumptions and methods used are described in the  2010,
       2011,  2012, 2013 and 2014 Annual Report to the Comptroller on Actuarial
       Assumptions, and the Codes Rules and Regulations of  the  State  of  New
       York: Audit and Control.
       S. 4205                            67
         The Market Assets and GASB Disclosures are found in the March 31, 2014
       New  York  State  and  Local  Retirement System Financial Statements and
       Supplementary Information.
         I am a member of the American Academy of Actuaries and meet the Quali-
       fication Standards to render the actuarial opinion contained herein.
         This  estimate,  dated  February  11,  2015  and intended for use only
       during the  2015  Legislative  Session,  is  Fiscal  Note  No.  2015-65,
       prepared  by  the  Actuary  for  the New York State and Local Employees'
       Retirement System and the New York  State  and  Local  Police  and  Fire
       Retirement System.
    1                                   PART U
    2    Section 1. The executive law is amended by adding a new section 719 to
    3  read as follows:
    4    S  719.  QUINQUENNIAL  CYBER SECURITY REPORT.  1. THE COMMISSIONER, IN
    5  CONSULTATION WITH THE SUPERINTENDENT OF  THE  STATE  POLICE,  THE  CHIEF
    6  INFORMATION  OFFICER, AND THE PRESIDENT OF THE CENTER FOR INTERNET SECU-
    7  RITY, SHALL PREPARE A REPORT, TO  BE  DELIVERED  TO  THE  GOVERNOR,  THE
    8  TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE SPEAKER OF THE ASSEMBLY, THE
    9  CHAIR OF THE SENATE STANDING COMMITTEE ON  VETERANS,  HOMELAND  SECURITY
   10  AND  MILITARY  AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE
   11  ON GOVERNMENTAL OPERATIONS, ON OR BEFORE THE FIRST DAY OF SEPTEMBER, TWO
   12  THOUSAND FIFTEEN, AND THEN EVERY FIVE YEARS THEREAFTER, WHICH PROVIDES A
   13  COMPREHENSIVE REVIEW OF ALL CYBER SECURITY SERVICES PERFORMED BY, AND ON
   14  BEHALF OF, THE STATE OF NEW YORK.
   15    2. THE REPORT REQUIRED PURSUANT TO SUBDIVISION ONE  OF  THIS  SECTION,
   16  SHALL  INCLUDE  A  DETAILED  ASSESSMENT OF EACH AND EVERY CYBER SECURITY
   17  NEED OF THE STATE OF NEW YORK, INCLUDING BUT NOT LIMITED TO,  ITS  STATE
   18  AGENCIES  AND  ITS PUBLIC AUTHORITIES, AND FOR EACH AND EVERY SUCH CYBER
   19  SECURITY  NEED  SO  IDENTIFIED,  SHALL  FURTHER   INCLUDE   A   DETAILED
   20  DESCRIPTION OF:
   21    (A) THE TYPE OF CYBER SECURITY SERVICE USED TO ADDRESS SUCH NEED;
   22    (B)  THE  SCOPE  OF THE NEED SO ADDRESSED, AS WELL AS THE SCOPE OF THE
   23  SERVICE USED TO ADDRESS SUCH NEED;
   24    (C) THE COST OF THE SERVICE USED TO ADDRESS SUCH NEED;
   25    (D) THE EFFECTIVENESS OF THE CYBER SECURITY SERVICE  USED  TO  ADDRESS
   26  SUCH NEED;
   27    (E)  THE  ENTITY PROVIDING SUCH CYBER SECURITY SERVICE USED TO ADDRESS
   28  SUCH NEED;
   29    (F) THE GOVERNMENT, INDUSTRY AND/OR ACADEMICALLY ACCEPTED  BEST  CYBER
   30  SECURITY PRACTICE FOR ADDRESSING SUCH NEED;
   31    (G)  HOW  OTHER STATES, AND THE FEDERAL GOVERNMENT HAVE ADDRESSED SUCH
   32  NEED; AND
   33    (H) HOW PRIVATE SECTOR ENTITIES ADDRESSED SUCH NEED.
   34    3. DURING THE PREPARATION OF THE REPORT REQUIRED BY SUBDIVISION ONE OF
   35  THIS SECTION, AND AFTER  ITS  DELIVERY  TO  THE  PERSONS  IDENTIFIED  TO
   36  RECEIVE  SUCH  REPORT, THE COMMISSIONER, THE SUPERINTENDENT OF THE STATE
   37  POLICE, THE CHIEF INFORMATION OFFICER, AND THE PRESIDENT OF  THE  CENTER
   38  FOR  INTERNET  SECURITY,  AS  WELL  AS THE DIVISIONS, OFFICES AND CORPO-
   39  RATIONS UNDER THEIR DIRECTION, SHALL PROVIDE TO SUCH PERSONS ENTITLED TO
   40  RECEIVE SUCH REPORT, ANY AND ALL ADDITIONAL INFORMATION SUCH PERSONS MAY
   41  REQUEST, WITH RESPECT TO ANY CYBER SECURITY ISSUE CONCERNING:
   42    (A) THE STATE OF NEW YORK, INCLUDING BUT NOT LIMITED TO,  ANY  AGENCY,
   43  BOARD, BUREAU, COMMISSION, DEPARTMENT, DIVISION, INSTITUTION, OFFICE, OR
   44  PUBLIC AUTHORITY OF THE STATE;
       S. 4205                            68
    1    (B)  ANY  LOCAL  GOVERNMENT  ENTITY, INCLUDING BUT NOT LIMITED TO, ANY
    2  COUNTY, TOWN, CITY, VILLAGE, SCHOOL DISTRICT, SPECIAL DISTRICT, AND  ANY
    3  AGENCY,  BOARD,  BUREAU,  COMMISSION, DEPARTMENT, DIVISION, INSTITUTION,
    4  OFFICE, OR PUBLIC AUTHORITY OF SUCH LOCAL GOVERNMENT ENTITY;
    5    (C)  ANY REGULATED ENTITY OF THE STATE OF NEW YORK OR LOCAL GOVERNMENT
    6  ENTITY;
    7    (D) ANY NOT-FOR-PROFIT CORPORATION IN THE STATE OF NEW YORK;
    8    (E) ANY PRIVATE SECTOR BUSINESS IN THE STATE OF  NEW  YORK,  INCLUDING
    9  BUT  NOT  LIMITED  TO, A SOLE PROPRIETOR, PARTNERSHIP, LIMITED LIABILITY
   10  COMPANY OR BUSINESS CORPORATION; AND/OR
   11    (F) ANY CITIZEN OF THE STATE OF NEW YORK.
   12    4. WHERE COMPLIANCE WITH THIS SECTION SHALL REQUIRE THE DISCLOSURE  OF
   13  CONFIDENTIAL  INFORMATION,  OR  THE  DISCLOSURE OF SENSITIVE INFORMATION
   14  WHICH IN THE JUDGMENT OF THE COMMISSIONER  WOULD  JEOPARDIZE  THE  CYBER
   15  SECURITY OF THE STATE:
   16    (A)  SUCH  CONFIDENTIAL  OR SENSITIVE INFORMATION SHALL BE PROVIDED TO
   17  THE PERSONS ENTITLED TO RECEIVE THE REPORT AS  PROVIDED  BY  SUBDIVISION
   18  ONE OF THIS SECTION, AS FOLLOWS:
   19    (I)  IN  THE  CASE  OF  THE REPORT REQUIRED BY SUBDIVISION ONE OF THIS
   20  SECTION, IN THE FORM OF A SUPPLEMENTAL APPENDIX TO THE REPORT; AND
   21    (II) IN THE CASE OF A RESPONSE TO A REQUEST FOR  INFORMATION  MADE  IN
   22  ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, IN A SECURE MANNER AS
   23  DETERMINED BY THE COMMISSIONER;
   24    (B)  NEITHER  A SUPPLEMENTAL APPENDIX TO THE REPORT, NOR ANY CONFIDEN-
   25  TIAL OR SENSITIVE INFORMATION PROVIDED IN  ACCORDANCE  WITH  SUBDIVISION
   26  THREE  OF  THIS  SECTION,  SHALL  BE POSTED ON THE DIVISION'S WEBSITE AS
   27  REQUIRED BY SUBDIVISION FIVE OF THIS SECTION;
   28    (C) NEITHER A SUPPLEMENTAL APPENDIX TO THE REPORT, NOR  ANY  CONFIDEN-
   29  TIAL  OR  SENSITIVE  INFORMATION PROVIDED IN ACCORDANCE WITH SUBDIVISION
   30  THREE OF THIS SECTION, SHALL BE SUBJECT TO THE PROVISIONS OF THE FREEDOM
   31  OF INFORMATION LAW PURSUANT TO ARTICLE SIX OF THE PUBLIC  OFFICERS  LAW;
   32  AND
   33    (D) THE PERSONS ENTITLED TO RECEIVE THE REPORT AS PROVIDED BY SUBDIVI-
   34  SION  ONE OF THIS SECTION, MAY DISCLOSE THE SUPPLEMENTAL APPENDIX TO THE
   35  REPORT, AND  ANY  CONFIDENTIAL  OR  SENSITIVE  INFORMATION  PROVIDED  IN
   36  ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, TO THEIR PROFESSIONAL
   37  STAFF,  BUT  SHALL  NOT OTHERWISE PUBLICLY DISCLOSE SUCH CONFIDENTIAL OR
   38  SECURE INFORMATION.
   39    5. EXCEPT WITH RESPECT TO ANY CONFIDENTIAL OR SENSITIVE INFORMATION AS
   40  DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION, THE DIVISION SHALL POST A
   41  COPY OF THE REPORT PREPARED IN ACCORDANCE WITH SUBDIVISION ONE  OF  THIS
   42  SECTION, ON ITS WEBSITE, NOT MORE THAN FIFTEEN DAYS AFTER SUCH REPORT IS
   43  DELIVERED  TO  THE PERSONS ENTITLED TO RECEIVE SUCH REPORT. THE DIVISION
   44  MAY FURTHER POST ANY AND ALL FURTHER INFORMATION IT MAY  DEEM  APPROPRI-
   45  ATE,  ON  ITS  WEBSITE,  REGARDING CYBER SECURITY, AND THE PROTECTION OF
   46  PUBLIC AND PRIVATE COMPUTER SYSTEMS, NETWORKS, HARDWARE AND SOFTWARE.
   47    S 2. This act shall take effect immediately.
   48                                   PART V
   49    Section 1. The executive law is amended by adding a new section 719 to
   50  read as follows:
   51    S 719. NEW YORK STATE CYBER SECURITY INITIATIVE.  1. LEGISLATIVE FIND-
   52  INGS. THE LEGISLATURE FINDS AND DECLARES THAT REPEATED CYBER  INTRUSIONS
   53  INTO CRITICAL INFRASTRUCTURE, EFFECTING GOVERNMENT, PRIVATE SECTOR BUSI-
       S. 4205                            69
    1  NESS,  AND CITIZENS OF THE STATE OF NEW YORK, HAVE DEMONSTRATED THE NEED
    2  FOR IMPROVED CYBER SECURITY.
    3    THE  LEGISLATURE  FURTHER  FINDS  AND  DECLARES THAT THIS CYBER THREAT
    4  CONTINUES TO GROW AND REPRESENTS ONE OF THE MOST SERIOUS PUBLIC SECURITY
    5  CHALLENGES THAT NEW YORK MUST CONFRONT. MOREOVER, THE  SECURITY  OF  THE
    6  STATE  OF  NEW  YORK  DEPENDS  ON  THE  RELIABLE FUNCTIONING OF NEW YORK
    7  STATE'S CRITICAL INFRASTRUCTURE, AND PRIVATE SECTOR BUSINESS  INTERESTS,
    8  AS  WELL  AS  THE PROTECTION OF THE FINANCES AND INDIVIDUAL LIBERTIES OF
    9  EVERY CITIZEN, IN THE FACE OF SUCH THREATS.
   10    THE LEGISLATURE ADDITIONALLY FINDS AND DECLARES THAT  TO  ENHANCE  THE
   11  SECURITY, PROTECTION AND RESILIENCE OF NEW YORK STATE'S CRITICAL INFRAS-
   12  TRUCTURE,  AND  PRIVATE  SECTOR  BUSINESS  INTERESTS,  AS  WELL  AS  THE
   13  PROTECTION OF THE FINANCES AND INDIVIDUAL LIBERTIES  OF  EVERY  CITIZEN,
   14  THE  STATE  OF NEW YORK MUST PROMOTE A CYBER ENVIRONMENT THAT ENCOURAGES
   15  EFFICIENCY, INNOVATION, AND ECONOMIC PROSPERITY, AND  THAT  CAN  OPERATE
   16  WITH  SAFETY,  SECURITY,  BUSINESS  CONFIDENTIALITY,  PRIVACY, AND CIVIL
   17  LIBERTY.
   18    THE LEGISLATURE FURTHER FINDS AND DECLARES THAT TO CREATE SUCH A  SAFE
   19  AND SECURE CYBER ENVIRONMENT FOR GOVERNMENT, PRIVATE SECTOR BUSINESS AND
   20  INDIVIDUAL  CITIZENS,  NEW YORK MUST ADVANCE, IN ADDITION TO ITS CURRENT
   21  EFFORTS IN THIS FIELD, A NEW YORK STATE CYBER SECURITY INITIATIVE,  THAT
   22  ESTABLISHES  A  NEW YORK STATE CYBER SECURITY ADVISORY BOARD; A NEW YORK
   23  STATE CYBER SECURITY PARTNERSHIP PROGRAM WITH THE OWNERS  AND  OPERATORS
   24  OF CRITICAL INFRASTRUCTURE, PRIVATE SECTOR BUSINESS, ACADEMIA, AND INDI-
   25  VIDUAL  CITIZENS  TO IMPROVE, DEVELOP AND IMPLEMENT RISK-BASED STANDARDS
   26  FOR GOVERNMENT, PRIVATE SECTOR BUSINESSES AND INDIVIDUAL CITIZENS; AND A
   27  NEW YORK STATE CYBER SECURITY INFORMATION SHARING PROGRAM.
   28    2. CRITICAL INFRASTRUCTURE AND INFORMATION SYSTEMS. AS  USED  IN  THIS
   29  SECTION,  THE  TERM  "CRITICAL  INFRASTRUCTURE  AND INFORMATION SYSTEMS"
   30  SHALL MEAN ALL SYSTEMS AND ASSETS, WHETHER PHYSICAL OR VIRTUAL, SO VITAL
   31  TO THE GOVERNMENT, PRIVATE SECTOR BUSINESSES AND INDIVIDUAL CITIZENS  OF
   32  THE STATE OF NEW YORK THAT THE INCAPACITY OR DESTRUCTION OF SUCH SYSTEMS
   33  AND ASSETS WOULD HAVE A DEBILITATING IMPACT TO THE SECURITY, ECONOMY, OR
   34  PUBLIC  HEALTH OF THE INDIVIDUAL CITIZENS, GOVERNMENT, OR PRIVATE SECTOR
   35  BUSINESSES OF THE STATE OF NEW YORK.
   36    3. NEW YORK STATE CYBER SECURITY ADVISORY BOARD. (A)  THERE  SHALL  BE
   37  WITHIN  THE  DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, A NEW
   38  YORK STATE CYBER SECURITY ADVISORY BOARD, WHICH SHALL ADVISE THE  GOVER-
   39  NOR  AND  THE  LEGISLATURE  ON  DEVELOPMENTS  IN CYBER SECURITY AND MAKE
   40  RECOMMENDATIONS FOR PROTECTING THE STATE'S CRITICAL  INFRASTRUCTURE  AND
   41  INFORMATION SYSTEMS.
   42    (B) THE BOARD MEMBERS SHALL CONSIST OF ELEVEN MEMBERS APPOINTED BY THE
   43  GOVERNOR, WITH THREE MEMBERS APPOINTED UPON RECOMMENDATION OF THE TEMPO-
   44  RARY  PRESIDENT OF THE SENATE, AND THREE MEMBERS APPOINTED AT THE RECOM-
   45  MENDATION OF THE SPEAKER OF THE ASSEMBLY. ALL MEMBERS SO APPOINTED SHALL
   46  HAVE EXPERTISE IN CYBER SECURITY, TELECOMMUNICATIONS,  INTERNET  SERVICE
   47  DELIVERY, PUBLIC PROTECTION, COMPUTER SYSTEMS AND/OR COMPUTER NETWORKS.
   48    (C)  THE  BOARD  SHALL  INVESTIGATE,  DISCUSS AND MAKE RECOMMENDATIONS
   49  CONCERNING CYBER SECURITY ISSUES INVOLVING BOTH THE PUBLIC  AND  PRIVATE
   50  SECTORS  AND  WHAT STEPS CAN BE TAKEN BY NEW YORK STATE TO PROTECT CRIT-
   51  ICAL  CYBER  INFRASTRUCTURE,   FINANCIAL   SYSTEMS,   TELECOMMUNICATIONS
   52  NETWORKS,  ELECTRICAL  GRIDS,  SECURITY SYSTEMS, FIRST RESPONDER SYSTEMS
   53  AND  INFRASTRUCTURE,  PHYSICAL  INFRASTRUCTURE  SYSTEMS,  TRANSPORTATION
   54  SYSTEMS,  AND SUCH OTHER AND FURTHER SECTORS OF STATE GOVERNMENT AND THE
   55  PRIVATE SECTOR AS THE ADVISORY BOARD SHALL DEEM PRUDENT.
       S. 4205                            70
    1    (D) THE PURPOSE OF THE ADVISORY BOARD SHALL BE TO PROMOTE THE DEVELOP-
    2  MENT OF INNOVATIVE, ACTIONABLE POLICIES TO ENSURE THAT NEW YORK STATE IS
    3  IN THE FOREFRONT OF PUBLIC CYBER SECURITY DEFENSE.
    4    (E)  THE  MEMBERS  OF THE ADVISORY BOARD SHALL RECEIVE NO COMPENSATION
    5  FOR THEIR SERVICES, BUT MAY RECEIVE ACTUAL AND NECESSARY  EXPENSES,  AND
    6  SHALL NOT BE DISQUALIFIED FOR HOLDING ANY OTHER PUBLIC OFFICE OR EMPLOY-
    7  MENT BY MEANS OF THEIR SERVICE AS A MEMBER OF THE ADVISORY BOARD.
    8    (F)  THE  ADVISORY BOARD SHALL BE ENTITLED TO REQUEST AND RECEIVE, AND
    9  SHALL BE PROVIDED WITH, SUCH FACILITIES, RESOURCES AND DATA OF ANY AGEN-
   10  CY, DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION, OR PUBLIC AUTHORITY
   11  OF THE STATE, AS THEY MAY REASONABLY  REQUEST,  TO  CARRY  OUT  PROPERLY
   12  THEIR POWERS, DUTIES AND PURPOSE.
   13    4.  NEW  YORK  STATE  CYBER  SECURITY  INFORMATION  SHARING AND THREAT
   14  PREVENTION PROGRAM. (A) THE DIVISION OF HOMELAND SECURITY AND  EMERGENCY
   15  SERVICES,  IN  CONSULTATION  WITH  THE DIVISION OF THE STATE POLICE, THE
   16  STATE OFFICE OF INFORMATION TECHNOLOGY  SERVICES,  AND  THE  CENTER  FOR
   17  INTERNET  SECURITY,  SHALL ESTABLISH, WITHIN SIXTY DAYS OF THE EFFECTIVE
   18  DATE OF THIS SECTION, A NEW YORK STATE CYBER SECURITY INFORMATION  SHAR-
   19  ING AND THREAT PREVENTION PROGRAM.
   20    (B)  IT  SHALL  BE  THE  PURPOSE  OF THE NEW YORK STATE CYBER SECURITY
   21  INFORMATION SHARING  AND  THREAT  PREVENTION  PROGRAM  TO  INCREASE  THE
   22  VOLUME,  TIMELINESS, AND QUALITY OF CYBER THREAT INFORMATION SHARED WITH
   23  NEW YORK STATE PUBLIC AND PRIVATE SECTOR ENTITIES SO THAT THESE ENTITIES
   24  MAY BETTER PROTECT AND DEFEND THEMSELVES AGAINST CYBER  THREATS  AND  TO
   25  PROMOTE  THE DEVELOPMENT OF EFFECTIVE DEFENSES AND STRATEGIES TO COMBAT,
   26  AND PROTECT AGAINST, CYBER THREATS AND ATTACKS.
   27    (C) TO FACILITATE THE PURPOSES OF THE NEW YORK  STATE  CYBER  SECURITY
   28  INFORMATION SHARING AND THREAT PREVENTION PROGRAM, THE DIVISION OF HOME-
   29  LAND  SECURITY  AND EMERGENCY SERVICES, SHALL PROMULGATE REGULATIONS, IN
   30  ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
   31    (D) THE REGULATIONS SHALL PROVIDE FOR THE TIMELY PRODUCTION OF UNCLAS-
   32  SIFIED REPORTS OF CYBER THREATS TO NEW YORK STATE  AND  ITS  PUBLIC  AND
   33  PRIVATE  SECTOR  ENTITIES,  INCLUDING  THREATS  THAT IDENTIFY A SPECIFIC
   34  TARGETED ENTITY.
   35    (E) THE REGULATIONS SHALL ADDRESS THE NEED TO PROTECT INTELLIGENCE AND
   36  LAW ENFORCEMENT SOURCES, METHODS, OPERATIONS,  AND  INVESTIGATIONS,  AND
   37  SHALL  FURTHER ESTABLISH A PROCESS THAT RAPIDLY DISSEMINATES THE REPORTS
   38  PRODUCED PURSUANT TO PARAGRAPH (D) OF  THIS  SUBDIVISION,  TO  BOTH  ANY
   39  TARGETED  ENTITY  AS  WELL  AS SUCH OTHER AND FURTHER PUBLIC AND PRIVATE
   40  ENTITIES AS THE DIVISION SHALL DEEM NECESSARY TO ADVANCE THE PURPOSES OF
   41  THIS SUBDIVISION.
   42    (F) THE REGULATIONS SHALL FURTHER ESTABLISH A SYSTEM FOR TRACKING  THE
   43  PRODUCTION,  DISSEMINATION,  AND  DISPOSITION OF THE REPORTS PRODUCED IN
   44  ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
   45    (G) THE REGULATIONS SHALL ALSO ESTABLISH AN  ENHANCED  CYBER  SECURITY
   46  SERVICES  PROGRAM,  WITHIN  NEW  YORK  STATE, TO PROVIDE FOR PROCEDURES,
   47  METHODS AND DIRECTIVES, FOR A  VOLUNTARY  INFORMATION  SHARING  PROGRAM,
   48  THAT  WILL PROVIDE CYBER THREAT AND TECHNICAL INFORMATION COLLECTED FROM
   49  BOTH PUBLIC AND PRIVATE SECTOR ENTITIES,  TO  SUCH  PRIVATE  AND  PUBLIC
   50  SECTOR  ENTITIES AS THE DIVISION DEEMS PRUDENT, TO ADVISE ELIGIBLE CRIT-
   51  ICAL INFRASTRUCTURE COMPANIES OR COMMERCIAL SERVICE PROVIDERS THAT OFFER
   52  SECURITY SERVICES TO CRITICAL INFRASTRUCTURE ON CYBER  SECURITY  THREATS
   53  AND DEFENSE MEASURES.
   54    (H)  THE REGULATIONS SHALL ALSO SEEK TO DEVELOP STRATEGIES TO MAXIMIZE
   55  THE UTILITY OF CYBER THREAT INFORMATION SHARING BETWEEN AND  ACROSS  THE
   56  PRIVATE AND PUBLIC SECTORS, AND SHALL FURTHER SEEK TO PROMOTE THE USE OF
       S. 4205                            71
    1  PRIVATE  AND PUBLIC SECTOR SUBJECT MATTER EXPERTS TO ADDRESS CYBER SECU-
    2  RITY NEEDS IN NEW YORK STATE, WITH THESE SUBJECT MATTER EXPERTS  PROVID-
    3  ING  ADVICE  REGARDING  THE CONTENT, STRUCTURE, AND TYPES OF INFORMATION
    4  MOST  USEFUL TO CRITICAL INFRASTRUCTURE OWNERS AND OPERATORS IN REDUCING
    5  AND MITIGATING CYBER RISKS.
    6    (I) THE REGULATIONS SHALL FURTHER SEEK  TO  ESTABLISH  A  CONSULTATIVE
    7  PROCESS  TO  COORDINATE  IMPROVEMENTS  TO THE CYBER SECURITY OF CRITICAL
    8  INFRASTRUCTURE, WHERE AS PART OF THE CONSULTATIVE  PROCESS,  THE  PUBLIC
    9  AND  PRIVATE ENTITIES OF THE STATE OF NEW YORK SHALL ENGAGE AND CONSIDER
   10  THE ADVICE OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY  SERVICES,
   11  THE  DIVISION OF THE STATE POLICE, THE STATE OFFICE OF INFORMATION TECH-
   12  NOLOGY SERVICES, THE CENTER FOR INTERNET SECURITY, THE  NEW  YORK  STATE
   13  CYBER SECURITY ADVISORY BOARD, THE PROGRAMS ESTABLISHED BY THIS SUBDIVI-
   14  SION,  AND  SUCH  OTHER  AND FURTHER PRIVATE AND PUBLIC SECTOR ENTITIES,
   15  UNIVERSITIES, AND CYBER SECURITY EXPERTS AS  THE  DIVISION  OF  HOMELAND
   16  SECURITY AND EMERGENCY SERVICES MAY DEEM PRUDENT.
   17    (J)  THE REGULATIONS SHALL FURTHER SEEK TO ESTABLISH A BASELINE FRAME-
   18  WORK TO REDUCE CYBER RISK TO CRITICAL INFRASTRUCTURE, AND SHALL SEEK  TO
   19  HAVE  THE  DIVISION  OF  HOMELAND  SECURITY  AND  EMERGENCY SERVICES, IN
   20  CONSULTATION WITH THE DIVISION OF STATE  POLICE,  THE  STATE  OFFICE  OF
   21  INFORMATION  TECHNOLOGY  SERVICES, AND THE CENTER FOR INTERNET SECURITY,
   22  LEAD THE DEVELOPMENT OF A FRAMEWORK TO REDUCE CYBER  RISKS  TO  CRITICAL
   23  INFRASTRUCTURE,  TO  BE  KNOWN  AS  THE  CYBER SECURITY FRAMEWORK, WHICH
   24  SHALL:
   25    (I) INCLUDE A SET OF STANDARDS, METHODOLOGIES, PROCEDURES,  AND  PROC-
   26  ESSES  THAT  ALIGN  POLICY,  BUSINESS,  AND  TECHNOLOGICAL APPROACHES TO
   27  ADDRESS CYBER RISKS;
   28    (II) INCORPORATE VOLUNTARY CONSENSUS STANDARDS AND INDUSTRY BEST PRAC-
   29  TICES TO THE FULLEST EXTENT POSSIBLE;
   30    (III) PROVIDE A PRIORITIZED, FLEXIBLE, REPEATABLE,  PERFORMANCE-BASED,
   31  AND COST-EFFECTIVE APPROACH, INCLUDING INFORMATION SECURITY MEASURES AND
   32  CONTROLS,  TO HELP OWNERS AND OPERATORS OF CRITICAL INFRASTRUCTURE IDEN-
   33  TIFY, ASSESS, AND MANAGE CYBER RISK;
   34    (IV) FOCUS ON IDENTIFYING CROSS-SECTOR SECURITY STANDARDS  AND  GUIDE-
   35  LINES APPLICABLE TO CRITICAL INFRASTRUCTURE;
   36    (V)  IDENTIFY  AREAS  FOR IMPROVEMENT THAT SHOULD BE ADDRESSED THROUGH
   37  FUTURE COLLABORATION WITH PARTICULAR  SECTORS  AND  STANDARDS-DEVELOPING
   38  ORGANIZATIONS;
   39    (VI)  ENABLE  TECHNICAL  INNOVATION  AND  ACCOUNT  FOR  ORGANIZATIONAL
   40  DIFFERENCES, TO PROVIDE GUIDANCE THAT IS  TECHNOLOGY  NEUTRAL  AND  THAT
   41  ENABLES  CRITICAL  INFRASTRUCTURE  SECTORS TO BENEFIT FROM A COMPETITIVE
   42  MARKET FOR PRODUCTS AND SERVICES THAT MEET THE STANDARDS, METHODOLOGIES,
   43  PROCEDURES, AND PROCESSES DEVELOPED TO ADDRESS CYBER RISKS;
   44    (VII) INCLUDE GUIDANCE FOR MEASURING THE PERFORMANCE OF AN  ENTITY  IN
   45  IMPLEMENTING THE CYBER SECURITY FRAMEWORK;
   46    (VIII)  INCLUDE  METHODOLOGIES TO IDENTIFY AND MITIGATE IMPACTS OF THE
   47  CYBER SECURITY FRAMEWORK AND ASSOCIATED INFORMATION SECURITY MEASURES OR
   48  CONTROLS ON BUSINESS CONFIDENTIALITY, AND TO PROTECT INDIVIDUAL  PRIVACY
   49  AND CIVIL LIBERTIES; AND
   50    (IX)  ENGAGE IN THE REVIEW OF THREAT AND VULNERABILITY INFORMATION AND
   51  TECHNICAL EXPERTISE.
   52    (K) THE REGULATIONS SHALL ADDITIONALLY ESTABLISH A VOLUNTARY  CRITICAL
   53  INFRASTRUCTURE  CYBER  SECURITY  PROGRAM  TO SUPPORT THE ADOPTION OF THE
   54  CYBER SECURITY FRAMEWORK BY OWNERS AND OPERATORS OF CRITICAL INFRASTRUC-
   55  TURE AND ANY OTHER INTERESTED ENTITIES, WHERE UNDER THIS PROGRAM  IMPLE-
   56  MENTATION  GUIDANCE  OR  SUPPLEMENTAL  MATERIALS  WOULD  BE DEVELOPED TO
       S. 4205                            72
    1  ADDRESS SECTOR-SPECIFIC RISKS AND OPERATING ENVIRONMENTS, AND  RECOMMEND
    2  LEGISLATION FOR ENACTMENT TO ADDRESS CYBER SECURITY ISSUES.
    3    (L)  IN DEVELOPING THE NEW YORK STATE CYBER SECURITY INFORMATION SHAR-
    4  ING AND THREAT PREVENTION PROGRAM IN ACCORDANCE WITH THE  PROVISIONS  OF
    5  THIS  SUBDIVISION,  THE  DIVISION  OF  HOMELAND  SECURITY  AND EMERGENCY
    6  SERVICES, IN CONSULTATION WITH THE DIVISION OF STATE POLICE,  THE  STATE
    7  OFFICE  OF  INFORMATION TECHNOLOGY SERVICES, AND THE CENTER FOR INTERNET
    8  SECURITY, SHALL PRODUCE AND SUBMIT A REPORT, TO THE GOVERNOR, THE TEMPO-
    9  RARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF  THE  ASSEMBLY,  MAKING
   10  RECOMMENDATIONS  ON  THE  FEASIBILITY,  SECURITY  BENEFITS, AND RELATIVE
   11  MERITS OF INCORPORATING SECURITY STANDARDS INTO ACQUISITION PLANNING AND
   12  CONTRACT ADMINISTRATION, AND SUCH  REPORT  SHALL  FURTHER  ADDRESS  WHAT
   13  STEPS CAN BE TAKEN TO HARMONIZE AND MAKE CONSISTENT EXISTING PROCUREMENT
   14  REQUIREMENTS RELATED TO CYBER SECURITY.
   15    5.  NEW YORK STATE CYBER SECURITY CRITICAL INFRASTRUCTURE RISK ASSESS-
   16  MENT REPORT.  (A)  THE  DIVISION  OF  HOMELAND  SECURITY  AND  EMERGENCY
   17  SERVICES,  IN  CONSULTATION WITH THE DIVISION OF STATE POLICE, THE STATE
   18  OFFICE OF INFORMATION TECHNOLOGY SERVICES, AND THE CENTER  FOR  INTERNET
   19  SECURITY,  WITHIN  ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE OF THIS
   20  SECTION, SHALL PRODUCE A NEW YORK STATE CYBER SECURITY CRITICAL  INFRAS-
   21  TRUCTURE RISK ASSESSMENT REPORT.
   22    (B)  THE  PRODUCTION  OF  THE  NEW  YORK STATE CYBER SECURITY CRITICAL
   23  INFRASTRUCTURE RISK ASSESSMENT REPORT SHALL USE A RISK-BASED APPROACH TO
   24  IDENTIFY CRITICAL INFRASTRUCTURE WHERE A CYBER SECURITY  INCIDENT  COULD
   25  REASONABLY  RESULT  IN  CATASTROPHIC  REGIONAL  OR STATE-WIDE EFFECTS ON
   26  PUBLIC HEALTH OR  SAFETY,  ECONOMIC  DISTRESS,  AND/OR  THREATEN  PUBLIC
   27  PROTECTION OF THE PEOPLE AND/OR PROPERTY OF NEW YORK STATE.
   28    (C)  THE  PRODUCTION  OF THE REPORT SHALL FURTHER USE THE CONSULTATIVE
   29  PROCESS AND DRAW UPON THE EXPERTISE OF AND ADVICE  OF  THE  DIVISION  OF
   30  HOMELAND  SECURITY AND EMERGENCY SERVICES, THE DIVISION OF STATE POLICE,
   31  THE STATE OFFICE OF INFORMATION  TECHNOLOGY  SERVICES,  THE  CENTER  FOR
   32  INTERNET SECURITY, THE NEW YORK STATE CYBER SECURITY ADVISORY BOARD, THE
   33  PROGRAMS ESTABLISHED BY THIS SECTION, AND SUCH OTHER AND FURTHER PRIVATE
   34  AND  PUBLIC SECTOR ENTITIES, UNIVERSITIES, AND CYBER SECURITY EXPERTS AS
   35  THE DIVISION OF  HOMELAND  SECURITY  AND  EMERGENCY  SERVICES  MAY  DEEM
   36  PRUDENT.
   37    (D)  THE  NEW  YORK  STATE CYBER SECURITY CRITICAL INFRASTRUCTURE RISK
   38  ASSESSMENT REPORT SHALL BE DELIVERED  TO  THE  GOVERNOR,  THE  TEMPORARY
   39  PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE
   40  SENATE STANDING COMMITTEE ON VETERANS, HOMELAND  SECURITY  AND  MILITARY
   41  AFFAIRS,  AND  THE  CHAIR  OF THE ASSEMBLY STANDING COMMITTEE ON GOVERN-
   42  MENTAL OPERATIONS.
   43    (E) WHERE COMPLIANCE WITH THIS SECTION SHALL REQUIRE THE DISCLOSURE OF
   44  CONFIDENTIAL INFORMATION, OR THE  DISCLOSURE  OF  SENSITIVE  INFORMATION
   45  WHICH  IN  THE  JUDGMENT OF THE COMMISSIONER OF THE DIVISION OF HOMELAND
   46  SECURITY AND EMERGENCY SERVICES WOULD JEOPARDIZE THE CYBER  SECURITY  OF
   47  THE STATE:
   48    (I)  SUCH  CONFIDENTIAL  OR SENSITIVE INFORMATION SHALL BE PROVIDED TO
   49  THE PERSONS ENTITLED TO RECEIVE THE REPORT, IN THE  FORM  OF  A  SUPPLE-
   50  MENTAL APPENDIX TO THE REPORT; AND
   51    (II)  SUCH SUPPLEMENTAL APPENDIX TO THE REPORT SHALL NOT BE SUBJECT TO
   52  THE PROVISIONS OF THE FREEDOM OF INFORMATION LAW PURSUANT TO ARTICLE SIX
   53  OF THE PUBLIC OFFICERS LAW; AND
   54    (III) THE PERSONS ENTITLED TO RECEIVE  THE  REPORT  MAY  DISCLOSE  THE
   55  SUPPLEMENTAL  APPENDIX  TO  THE  REPORT TO THEIR PROFESSIONAL STAFF, BUT
       S. 4205                            73
    1  SHALL NOT OTHERWISE PUBLICALLY  DISCLOSE  SUCH  CONFIDENTIAL  OR  SECURE
    2  INFORMATION.
    3    S 2. This act shall take effect immediately.
    4                                   PART W
    5    Section  1.  The executive law is amended by adding a new section 29-k
    6  to read as follows:
    7    S 29-K. MONTHLY CLAIM REPORTS. 1. THE OFFICE OF THE GOVERNOR, IN COOP-
    8  ERATION  WITH  THE  COMMISSIONER  OF  HOMELAND  SECURITY  AND  EMERGENCY
    9  SERVICES,  AND  THE EXECUTIVE DIRECTOR OF THE GOVERNOR'S OFFICE OF STORM
   10  RECOVERY, SHALL PRODUCE A MONTHLY REPORT, WHICH SHALL DETAIL THE CLAIMS,
   11  AND STATUS OF ALL SUCH CLAIMS, FOR DISASTER ASSISTANCE,  AND  WHICH  ARE
   12  PRESENTLY PENDING BEFORE, OR BEING ASSISTED BY, THE GOVERNOR'S OFFICE OF
   13  STORM RECOVERY AND/OR THE NEW YORK RISING COMMUNITY RECONSTRUCTION PLANS
   14  PROGRAM.  THE  REPORT SHALL FURTHER DETAIL ALL THE ACTIVITIES DURING THE
   15  PREVIOUS MONTH OF THE GOVERNOR'S OFFICE OF STORM RECOVERY  AND  THE  NEW
   16  YORK  RISING  COMMUNITY  RECONSTRUCTION PLANS PROGRAM.  THE FIRST REPORT
   17  REQUIRED UNDER THIS SUBDIVISION SHALL BE DELIVERED  BY  MAY  FIRST,  TWO
   18  THOUSAND  FIFTEEN,  WITH  NEW,  UPDATED  REPORTS BEING DELIVERED ON EACH
   19  FIRST DAY OF EVERY MONTH THEREAFTER. THE REPORT SHALL BE PROVIDED TO THE
   20  TEMPORARY  PRESIDENT OF THE SENATE, THE SPEAKER  OF  THE  ASSEMBLY,  THE
   21  CHAIR  OF  THE  SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY
   22  AND MILITARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY  STANDING  COMMITTEE
   23  ON GOVERNMENT OPERATIONS.
   24    2.  DURING  THE PREPARATION OF EACH REPORT REQUIRED BY SUBDIVISION ONE
   25  OF THIS SECTION, AND AFTER ITS DELIVERY TO  THE  PERSONS  IDENTIFIED  TO
   26  RECEIVE SUCH REPORT, THE GOVERNOR, THE COMMISSIONER OF HOMELAND SECURITY
   27  AND  EMERGENCY  SERVICES,  AND  THE EXECUTIVE DIRECTOR OF THE GOVERNOR'S
   28  OFFICE OF STORM RECOVERY, AS WELL AS THE  OFFICES  AND  DIVISIONS  UNDER
   29  THEIR  DIRECTION,  SHALL PROVIDE TO SUCH PERSONS ENTITLED TO RECEIVE THE
   30  REPORTS REQUIRED BY SUBDIVISION ONE OF THIS SECTION, ANY AND  ALL  ADDI-
   31  TIONAL  INFORMATION  SUCH PERSONS MAY REQUEST, WITH RESPECT TO ANY ISSUE
   32  CONCERNING THE CLAIMS,  THE  STATUS  OF  ALL  CLAIMS  PRESENTLY  PENDING
   33  BEFORE,  OR  BEING  ASSISTED BY, THE GOVERNOR'S OFFICE OF STORM RECOVERY
   34  AND THE NEW YORK  RISING  COMMUNITY  RECONSTRUCTION  PLANS  PROGRAM,  OR
   35  CONCERNING  THE  ACTIVITIES  OF  THE GOVERNOR'S OFFICE OF STORM RECOVERY
   36  AND/OR THE NEW YORK RISING COMMUNITY RECONSTRUCTION PLANS PROGRAM.
   37    S 2. This act shall take effect immediately and shall  expire  and  be
   38  deemed repealed May 2, 2019.
   39                                   PART X
   40    Section  1.   Section 146 of the correction law is amended by adding a
   41  new subdivision 3 to read as follows:
   42    3. THE COMMISSIONER SHALL PERMANENTLY  TERMINATE  THE  CONJUGAL  VISIT
   43  PROGRAM  REFERRED TO AS THE FAMILY REUNION PROGRAM SET FORTH IN PART TWO
   44  HUNDRED TWENTY OF TITLE SEVEN OF THE NEW  YORK  CODE,  RULES  AND  REGU-
   45  LATIONS.   SUCH COMMISSIONER SHALL FURTHER PROHIBIT THE ESTABLISHMENT OF
   46  ANY PROGRAM DESIGNED TO PROVIDE SELECTED INMATES AND THEIR FAMILIES  THE
   47  OPPORTUNITY TO MEET PRIVATELY FOR AN EXTENDED PERIOD OF TIME.
   48    S 2. This act shall take effect immediately.
   49                                   PART Y
       S. 4205                            74
    1    Section  1.  Subparagraph  (viii)  of paragraph a of subdivision 10 of
    2  section 54 of the state finance law is amended by adding a new clause  3
    3  to read as follows:
    4    (3)  FOR  THE  STATE  FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND
    5  SIXTEEN AND IN EACH STATE FISCAL YEAR THEREAFTER, THE AMOUNT OF  MISCEL-
    6  LANEOUS  FINANCIAL ASSISTANCE FROM THE LOCAL ASSISTANCE ACCOUNT RECEIVED
    7  BY A VILLAGE IN THE FISCAL YEAR  BEGINNING  APRIL  FIRST,  TWO  THOUSAND
    8  FIFTEEN.
    9    S 2. This act shall take effect immediately.
   10                                   PART Z
   11    Section  1. Subdivision 3 of section 99-h of the state finance law, as
   12  amended by section 1 of part W of chapter 60 of the  laws  of  2011,  is
   13  amended to read as follows:
   14    3.  Moneys of the account, following the segregation of appropriations
   15  enacted by the legislature, shall be available  for  purposes  including
   16  but  not limited to: (a) reimbursements or payments to municipal govern-
   17  ments that host tribal casinos pursuant to a  tribal-state  compact  for
   18  costs  incurred  in connection with services provided to such casinos or
   19  arising as a result thereof, for economic development opportunities  and
   20  job expansion programs authorized by the executive law; provided, howev-
   21  er,  that  for  any  gaming facility located in the city of Buffalo, the
   22  city of Buffalo shall receive a minimum of twenty-five  percent  of  the
   23  negotiated percentage of the net drop from electronic gaming devices the
   24  state  receives  pursuant  to the compact, and provided further that for
   25  any gaming facility located in the city  of  Niagara  Falls,  county  of
   26  Niagara a minimum of twenty-five percent of the negotiated percentage of
   27  the  net drop from electronic gaming devices the state receives pursuant
   28  to the compact shall be distributed in accordance with subdivision  four
   29  of  this  section,  and  provided  further  that for any gaming facility
   30  located in the county or counties of Cattaraugus, Chautauqua or  Allega-
   31  ny,  the  municipal  governments of the state hosting the facility shall
   32  collectively receive a minimum of twenty-five percent of the  negotiated
   33  percentage  of  the  net  drop  from electronic gaming devices the state
   34  receives pursuant to the compact, PROVIDED HOWEVER  THAT  FOR  ANY  SUCH
   35  MONEYS  PROVIDED  TO  MUNICIPAL GOVERNMENTS LOCATED WITHIN THE COUNTY OF
   36  CATTARAUGUS, SEVENTEEN PERCENT OF SUCH MONIES SHALL BE MADE AVAILABLE TO
   37  THE SALAMANCA CITY CENTRAL SCHOOL DISTRICT; and  provided  further  that
   38  pursuant  to  chapter  five  hundred  ninety of the laws of two thousand
   39  four, a minimum of twenty-five percent of the revenues received  by  the
   40  state  pursuant  to  the state's compact with the St. Regis Mohawk tribe
   41  shall be made available to the counties of Franklin  and  St.  Lawrence,
   42  and  affected  towns in such counties. Each such county and its affected
   43  towns shall receive fifty percent of the moneys made  available  by  the
   44  state;  and  (b)  support and services of treatment programs for persons
   45  suffering from gambling  addictions.  Moneys  not  segregated  for  such
   46  purposes  shall  be  transferred  to the general fund for the support of
   47  government during the fiscal year in which they are received.
   48    S 2. Subdivision 3 of section  99-h  of  the  state  finance  law,  as
   49  amended  by  section 7 of chapter 174 of the laws of 2013, is amended to
   50  read as follows:
   51    3. Moneys of the account, following the segregation of  appropriations
   52  enacted  by  the  legislature, shall be available for purposes including
   53  but not limited to: (a) reimbursements or payments to municipal  govern-
   54  ments  that  host  tribal casinos pursuant to a tribal-state compact for
       S. 4205                            75
    1  costs incurred in connection with services provided to such  casinos  or
    2  arising  as a result thereof, for economic development opportunities and
    3  job expansion programs authorized by the executive law; provided, howev-
    4  er,  that  for  any  gaming facility located in the city of Buffalo, the
    5  city of Buffalo shall receive a minimum of twenty-five  percent  of  the
    6  negotiated percentage of the net drop from electronic gaming devices the
    7  state  receives  pursuant  to the compact, and provided further that for
    8  any gaming facility located in the city  of  Niagara  Falls,  county  of
    9  Niagara a minimum of twenty-five percent of the negotiated percentage of
   10  the  net drop from electronic gaming devices the state receives pursuant
   11  to the compact shall be distributed in accordance with subdivision  four
   12  of  this  section,  and  provided  further  that for any gaming facility
   13  located in the county or counties of Cattaraugus, Chautauqua or  Allega-
   14  ny,  the  municipal  governments of the state hosting the facility shall
   15  collectively receive a minimum of twenty-five percent of the  negotiated
   16  percentage  of  the  net  drop  from electronic gaming devices the state
   17  receives pursuant to the compact, PROVIDED HOWEVER  THAT  FOR  ANY  SUCH
   18  MONEYS  PROVIDED  TO  MUNICIPAL GOVERNMENTS LOCATED WITHIN THE COUNTY OF
   19  CATTARAUGUS, SEVENTEEN PERCENT OF SUCH MONIES SHALL BE MADE AVAILABLE TO
   20  THE SALAMANCA CITY CENTRAL SCHOOL DISTRICT; and  provided  further  that
   21  pursuant  to  chapter  five  hundred  ninety of the laws of two thousand
   22  four, a minimum of twenty-five percent of the revenues received  by  the
   23  state  pursuant  to  the state's compact with the St. Regis Mohawk tribe
   24  shall be made available to the counties of Franklin  and  St.  Lawrence,
   25  and  affected  towns in such counties. Each such county and its affected
   26  towns shall receive fifty percent of the moneys made  available  by  the
   27  state;  and  provided further that the state shall annually make twenty-
   28  five percent of the negotiated percentage  of  the  net  drop  from  all
   29  gaming  devices  the  state  actually  receives  pursuant  to the Oneida
   30  Settlement Agreement confirmed by section eleven of the executive law as
   31  available to the county of Oneida, and  a  sum  of  three  and  one-half
   32  million  dollars to the county of Madison. Additionally, the state shall
   33  distribute for a period of nineteen and one-quarter years, an additional
   34  annual sum of two and one-half million dollars to the county of  Oneida.
   35  Additionally,  the  state  shall  distribute the one-time eleven million
   36  dollar payment received by the state pursuant to such agreement with the
   37  Oneida Nation of New York to the county of Madison by wire transfer upon
   38  receipt of such payment by the state; and (b) support  and  services  of
   39  treatment  programs  for  persons  suffering  from  gambling addictions.
   40  Moneys not segregated for such purposes  shall  be  transferred  to  the
   41  general  fund  for  the  support of government during the fiscal year in
   42  which they are received.
   43    S 3. Subdivision 3 of section  99-h  of  the  state  finance  law,  as
   44  amended by section 7-a of chapter 174 of the laws of 2013, is amended to
   45  read as follows:
   46    3.  Moneys of the account, following appropriation by the legislature,
   47  shall be available for  purposes  including  but  not  limited  to:  (a)
   48  reimbursements  or  payments  to  municipal governments that host tribal
   49  casinos pursuant  to  a  tribal-state  compact  for  costs  incurred  in
   50  connection with services provided to such casinos or arising as a result
   51  thereof,  for  economic  development  opportunities  and  job  expansion
   52  programs authorized by the executive law; provided,  however,  that  for
   53  any  gaming facility located in the city of Buffalo, the city of Buffalo
   54  shall receive  a  minimum  of  twenty-five  percent  of  the  negotiated
   55  percentage  of  the  net  drop  from electronic gaming devices the state
   56  receives pursuant to the compact, and  provided  further  that  for  any
       S. 4205                            76
    1  gaming  facility located in the city of Niagara Falls, county of Niagara
    2  a minimum of twenty-five percent of the negotiated percentage of the net
    3  drop from electronic gaming devices the state receives pursuant  to  the
    4  compact shall be distributed in accordance with subdivision four of this
    5  section,  and  provided  further that for any gaming facility located in
    6  the county or counties  of  Cattaraugus,  Chautauqua  or  Allegany,  the
    7  municipal  governments  of  the state hosting the facility shall collec-
    8  tively receive a  minimum  of  twenty-five  percent  of  the  negotiated
    9  percentage  of  the  net  drop  from electronic gaming devices the state
   10  receives pursuant to the compact, PROVIDED HOWEVER  THAT  FOR  ANY  SUCH
   11  MONEYS  PROVIDED  TO  MUNICIPAL GOVERNMENTS LOCATED WITHIN THE COUNTY OF
   12  CATTARAUGUS, SEVENTEEN PERCENT OF SUCH MONIES SHALL BE MADE AVAILABLE TO
   13  THE SALAMANCA CITY CENTRAL SCHOOL DISTRICT; and  provided  further  that
   14  pursuant  to  chapter  five  hundred  ninety of the laws of two thousand
   15  four, a minimum of twenty-five percent of the revenues received  by  the
   16  state  pursuant  to  the state's compact with the St. Regis Mohawk tribe
   17  shall be made available to the counties of Franklin  and  St.  Lawrence,
   18  and  affected  towns in such counties. Each such county and its affected
   19  towns shall receive fifty percent of the moneys made  available  by  the
   20  state;  and  provided further that the state shall annually make twenty-
   21  five percent of the negotiated percentage  of  the  net  drop  from  all
   22  gaming  devices  the  state  actually  receives  pursuant  to the Oneida
   23  Settlement Agreement as confirmed by section eleven of the executive law
   24  as available to the county of Oneida, and a sum of  three  and  one-half
   25  million  dollars to the county of Madison. Additionally, the state shall
   26  distribute for a period of nineteen and one-quarter years, an additional
   27  annual sum of two and one-half million dollars to the county of  Oneida.
   28  Additionally,  the  state  shall  distribute the one-time eleven million
   29  dollar payment received by the state pursuant to such agreement with the
   30  Oneida Nation of New York to the county of Madison by wire transfer upon
   31  receipt of such payment by the state; and (b) support  and  services  of
   32  treatment  programs  for  persons  suffering  from  gambling addictions.
   33  Moneys not appropriated for such purposes shall be  transferred  to  the
   34  general  fund  for  the  support of government during the fiscal year in
   35  which they are received.
   36    S 4. Subdivision 3 of section  99-h  of  the  state  finance  law,  as
   37  amended  by  section 8 of chapter 174 of the laws of 2013, is amended to
   38  read as follows:
   39    3. Moneys of the account, following the segregation of  appropriations
   40  enacted  by  the  legislature, shall be available for purposes including
   41  but not limited to: (a) reimbursements or payments to municipal  govern-
   42  ments  that  host  tribal casinos pursuant to a tribal-state compact for
   43  costs incurred in connection with services provided to such  casinos  or
   44  arising  as a result thereof, for economic development opportunities and
   45  job expansion programs authorized by the executive law; provided, howev-
   46  er, that for any gaming facility  located  in  the  county  of  Erie  or
   47  Niagara,  the  municipal  governments hosting the facility shall collec-
   48  tively receive a  minimum  of  twenty-five  percent  of  the  negotiated
   49  percentage  of  the  net  drop  from electronic gaming devices the state
   50  receives pursuant to the compact  and  provided  further  that  for  any
   51  gaming  facility located in the county or counties of Cattaraugus, Chau-
   52  tauqua or Allegany, the municipal governments of the state  hosting  the
   53  facility  shall collectively receive a minimum of twenty-five percent of
   54  the negotiated percentage of the net drop from electronic gaming devices
   55  the state receives pursuant to the compact, PROVIDED  HOWEVER  THAT  FOR
   56  ANY  SUCH  MONEYS  PROVIDED  TO MUNICIPAL GOVERNMENTS LOCATED WITHIN THE
       S. 4205                            77
    1  COUNTY OF CATTARAUGUS, SEVENTEEN PERCENT OF SUCH MONIES  SHALL  BE  MADE
    2  AVAILABLE  TO  THE  SALAMANCA CITY CENTRAL SCHOOL DISTRICT; and provided
    3  further that pursuant to chapter five hundred ninety of the laws of  two
    4  thousand four, a minimum of twenty-five percent of the revenues received
    5  by  the  state pursuant to the state's compact with the St. Regis Mohawk
    6  tribe shall be made available  to  the  counties  of  Franklin  and  St.
    7  Lawrence,  and affected towns in such counties. Each such county and its
    8  affected towns shall receive fifty percent of the moneys made  available
    9  by  the  state;  and provided further that the state shall annually make
   10  twenty-five percent of the negotiated percentage of the  net  drop  from
   11  all  gaming  devices  the state actually receives pursuant to the Oneida
   12  Settlement Agreement confirmed by section eleven of  the  executive  law
   13  available  to  the  county  of  Oneida,  and a sum of three and one-half
   14  million dollars to the county of Madison. Additionally, the state  shall
   15  distribute,  for  a  period  of nineteen and one-quarter years, an addi-
   16  tional annual sum of two and one-half million dollars to the  county  of
   17  Oneida.  Additionally,  the  state  shall distribute the one-time eleven
   18  million dollar payment actually received by the state  pursuant  to  the
   19  Oneida  Settlement  Agreement  to the county of Madison by wire transfer
   20  upon receipt of such payment by the state; and (b) support and  services
   21  of  treatment  programs  for persons suffering from gambling addictions.
   22  Moneys not segregated for such purposes  shall  be  transferred  to  the
   23  general  fund  for  the  support of government during the fiscal year in
   24  which they are received.
   25    S 5. This act shall take effect immediately; provided, however:
   26    (a) that the amendments to subdivision 3 of section 99-h of the  state
   27  finance  law  made  by  section two of this act shall take effect on the
   28  same date and in the same manner as section 7 of chapter 174 of the laws
   29  of 2013 takes effect, and such amendments shall not affect  the  expira-
   30  tion  of such subdivision and shall expire therewith when upon such date
   31  section three of this act shall take effect; and
   32    (b) that the amendments to subdivision 3 of section 99-h of the  state
   33  finance law made by section three of this act shall not affect the expi-
   34  ration  of  such  subdivision  and shall expire therewith when upon such
   35  date section four of this act shall take effect.
   36                                   PART AA
   37    Section 1. Subdivision 11 of section 302 of the retirement and  social
   38  security law is amended by adding a new paragraph i to read as follows:
   39    I.  SERVICE  AS  A  UNIVERSITY  POLICE  OFFICER APPOINTED BY THE STATE
   40  UNIVERSITY OF NEW YORK PURSUANT TO PARAGRAPH L  OF  SUBDIVISION  TWO  OF
   41  SECTION THREE HUNDRED FIFTY-FIVE OF THE EDUCATION LAW.
   42    S 2. Subdivision d of section 375-f of the retirement and social secu-
   43  rity  law,  as separately amended by chapters 674 and 677 of the laws of
   44  1986, is amended to read as follows:
   45    d. In addition to the retirement allowance provided  pursuant  to  the
   46  plans  set  forth  in sections three hundred eighty-three, three hundred
   47  eighty-three-a [and], three hundred  eighty-three-b  AND  THREE  HUNDRED
   48  EIGHTY-THREE-D  of this [chapter] ARTICLE, a member of [either] ANY such
   49  plan who retires on or after April first,  nineteen  hundred  sixty-nine
   50  with  more  than twenty-five years of total service shall be entitled to
   51  receive, in addition to the benefits provided pursuant to  [either]  ANY
   52  such  section  and  notwithstanding the limitations of [either] ANY such
   53  section, an additional retirement allowance for such  years  of  service
   54  rendered  in  excess of twenty-five. The additional retirement allowance
       S. 4205                            78
    1  for such additional years of service shall be computed as if such member
    2  had been eligible to have his retirement allowance computed pursuant  to
    3  the  provisions of subdivision b of section three hundred seventy-five-c
    4  and  of paragraph one of subdivision a of section three hundred seventy-
    5  five-d of this [chapter] TITLE.
    6    S 3. The retirement and social security law is amended by adding a new
    7  section 383-d to read as follows:
    8    S 383-D. ALTERNATIVE RETIREMENT BENEFITS FOR UNIVERSITY  POLICE  OFFI-
    9  CERS  APPOINTED BY THE STATE UNIVERSITY. A. AS USED IN THIS SECTION, THE
   10  TERM "UNIVERSITY POLICE OFFICER" SHALL MEAN A PERSON WHO IS SO APPOINTED
   11  PURSUANT TO PARAGRAPH L OF SUBDIVISION  TWO  OF  SECTION  THREE  HUNDRED
   12  FIFTY-FIVE OF THE EDUCATION LAW.
   13    B.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW PROVIDING FOR TRANSFERS
   14  BETWEEN RETIREMENT SYSTEMS, ANY UNIVERSITY POLICE OFFICER IN THE SERVICE
   15  OF THE STATE UNIVERSITY WHO IS A MEMBER OF THE NEW YORK STATE EMPLOYEES'
   16  RETIREMENT SYSTEM MAY TRANSFER TO THE NEW YORK STATE  AND  LOCAL  POLICE
   17  AND  FIRE  RETIREMENT SYSTEM AND SHALL RECEIVE CREDIT PURSUANT TO AND BE
   18  ENTITLED TO THE RETIREMENT BENEFITS AFFORDED  IN  ACCORDANCE  WITH  THIS
   19  SECTION.  UPON  ANY  SUCH  TRANSFER  THE MEMBER SHALL BE ENTITLED TO THE
   20  AMOUNT OF SERVICE WHICH WOULD  HAVE  BEEN  DEEMED  CREDITABLE  HAD  SUCH
   21  MEMBER  BEEN  SUBJECT  TO  SUCH  SYSTEM  DURING THE COURSE OF HIS OR HER
   22  MEMBERSHIP WITHIN SUCH SYSTEM. CONTRIBUTIONS TO  SUCH  SYSTEM  SHALL  BE
   23  MADE  IN ACCORDANCE WITH APPROPRIATE PROVISIONS OF LAW RELATING THERETO.
   24  APPLICATION FOR SUCH TRANSFER MUST BE MADE TO THE STATE  COMPTROLLER  ON
   25  OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN. THE PROVISIONS OF
   26  SECTION  THREE  HUNDRED  FORTY-THREE  OF THIS ARTICLE SHALL APPLY TO ANY
   27  MEMBER MAKING APPLICATION FOR TRANSFER UNDER THIS SUBDIVISION.
   28    C. ANY UNIVERSITY POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSI-
   29  TY WHO ELECTS OR IS REQUIRED TO  CONTRIBUTE  UNDER  THIS  SECTION  SHALL
   30  CONTRIBUTE  TO  THE  NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT
   31  SYSTEM ON THE BASIS OF RETIREMENT UPON HIS OR HER:
   32    1. COMPLETION OF TWENTY-FIVE YEARS OF TOTAL CREDITABLE SERVICE; OR
   33    2. ATTAINMENT OF AGE SIXTY AS  A  UNIVERSITY  POLICE  OFFICER  IN  THE
   34  SERVICE  OF  THE  STATE UNIVERSITY, IF PRIOR THERETO, ON AN ALLOWANCE OF
   35  ONE-FIFTIETH OF HIS OR HER FINAL AVERAGE SALARY FOR EACH YEAR  OF  TOTAL
   36  CREDITABLE  SERVICE  NOT  IN  EXCESS OF TWENTY-FIVE YEARS. SUCH ELECTION
   37  SHALL BE IN WRITING AND SHALL BE DULY EXECUTED AND FILED WITH THE  COMP-
   38  TROLLER.
   39    D.  EVERY  EMPLOYEE  ENTERING  OR  RE-ENTERING SERVICE AS A UNIVERSITY
   40  POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY ON  OR  AFTER  THE
   41  EFFECTIVE  DATE  OF  THIS SECTION SHALL CONTRIBUTE ON THE BASIS PROVIDED
   42  FOR BY THIS SECTION.
   43    E. A MEMBER WHO IS REQUIRED TO  CONTRIBUTE  IN  ACCORDANCE  WITH  THIS
   44  SECTION  SHALL  CONTRIBUTE, IN LIEU OF THE PROPORTION OF COMPENSATION AS
   45  PROVIDED IN SECTION THREE HUNDRED TWENTY-ONE OF THIS ARTICLE, A  PROPOR-
   46  TION  OF  HIS  OR  HER  COMPENSATION  SIMILARLY  DETERMINED. SUCH LATTER
   47  PROPORTION SHALL BE COMPUTED TO PROVIDE AT THE TIME WHEN HE OR SHE SHALL
   48  FIRST BECOME ELIGIBLE   FOR RETIREMENT UNDER THIS  SECTION,  AN  ANNUITY
   49  EQUAL  TO  ONE-ONE HUNDREDTH OF HIS OR HER FINAL AVERAGE SALARY FOR EACH
   50  YEAR OF SERVICE AS A MEMBER PRIOR TO THE ATTAINMENT OF THE AGE  WHEN  HE
   51  OR SHE SHALL FIRST BECOME ELIGIBLE FOR RETIREMENT. SUCH MEMBER'S RATE OF
   52  CONTRIBUTION  PURSUANT  TO  THIS  SECTION SHALL BE APPROPRIATELY REDUCED
   53  PURSUANT TO SECTION THREE HUNDRED SEVENTY-A OF  THIS  ARTICLE  FOR  SUCH
   54  PERIOD  OF  TIME  AS  HIS  OR  HER EMPLOYER CONTRIBUTES PURSUANT TO SUCH
   55  SECTION TOWARD PENSIONS-PROVIDING-FOR-INCREASED-TAKE-HOME-PAY.  NO  SUCH
       S. 4205                            79
    1  MEMBER  SHALL  BE  REQUIRED  TO  CONTINUE CONTRIBUTIONS AFTER COMPLETING
    2  TWENTY-FIVE YEARS OF SUCH SERVICE.
    3    F.  A MEMBER CONTRIBUTING ON THE BASIS OF THIS SECTION, AT THE TIME OF
    4  RETIREMENT, SHALL BE ENTITLED TO RETIRE AFTER THE COMPLETION OF  TWENTY-
    5  FIVE  YEARS  OF  TOTAL  CREDITABLE SERVICE OR UPON THE ATTAINMENT OF AGE
    6  SIXTY BY FILING AN APPLICATION THEREFOR IN  A  MANNER  SIMILAR  TO  THAT
    7  PROVIDED  IN  SECTION  THREE  HUNDRED SEVENTY OF THIS ARTICLE. HE OR SHE
    8  SHALL RECEIVE, ON RETIREMENT, A RETIREMENT ALLOWANCE CONSISTING OF:
    9    1. AN ANNUITY WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF  HIS  OR  HER
   10  ACCUMULATED CONTRIBUTIONS AT THE TIME OF HIS OR HER RETIREMENT, PLUS
   11    2.  A PENSION WHICH, TOGETHER WITH SUCH ANNUITY AND A PENSION WHICH IS
   12  THE ACTUARIAL EQUIVALENT OF THE  RESERVE-FOR-INCREASED-TAKE-HOME-PAY  TO
   13  WHICH  HE  OR SHE MAY THEN BE ENTITLED, IF ANY, SHALL EQUAL ONE-FIFTIETH
   14  OF HIS OR HER FINAL AVERAGE SALARY FOR EACH YEAR OF  CREDITABLE  SERVICE
   15  IN SUCH SERVICE. THIS PENSION SHALL NOT EXCEED THE AMOUNT NEEDED TO MAKE
   16  THE TOTAL AMOUNT OF THE BENEFITS PROVIDED UNDER THIS PARAGRAPH AND PARA-
   17  GRAPH ONE OF THIS SUBDIVISION EQUAL TO ONE-HALF OF FINAL AVERAGE SALARY.
   18    3.  AN  ADDITIONAL  PENSION  EQUAL  TO  THE PENSION FOR ANY CREDITABLE
   19  SERVICE RENDERED WHILE NOT EMPLOYED AS A UNIVERSITY  POLICE  OFFICER  IN
   20  THE SERVICE OF THE STATE UNIVERSITY AS PROVIDED UNDER PARAGRAPHS TWO AND
   21  THREE  OF  SUBDIVISION  A  OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS
   22  ARTICLE.  THIS PENSION SHALL:
   23    (I) BE PAYABLE ONLY IF SUCH MEMBER HAS ATTAINED AGE SIXTY AT THE  TIME
   24  OF  RETIREMENT  AND  HAS NOT COMPLETED TWENTY-FIVE YEARS OF SERVICE AS A
   25  UNIVERSITY POLICE OFFICER IN THE SERVICE OF  THE  STATE  UNIVERSITY  FOR
   26  WHICH HE OR SHE RECEIVES CREDIT UNDER THIS ARTICLE, AND
   27    (II)  NOT  INCREASE  THE  TOTAL ALLOWANCE TO MORE THAN HE OR SHE WOULD
   28  HAVE RECEIVED HAD HIS OR HER TOTAL SERVICE BEEN RENDERED AS A UNIVERSITY
   29  POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY. FOR  THE  PURPOSE
   30  ONLY OF DETERMINING THE AMOUNT OF THE PENSION PROVIDED HEREIN, THE ANNU-
   31  ITY SHALL BE COMPUTED AS IT WOULD BE:
   32    (A)  IF  NOT  REDUCED  BY  THE ACTUARIAL EQUIVALENT OF ANY OUTSTANDING
   33  LOAN, AND
   34    (B) IF NOT INCREASED BY THE ACTUARIAL  EQUIVALENT  OF  ANY  ADDITIONAL
   35  CONTRIBUTIONS, AND
   36    (C)  IF NOT REDUCED BY REASON OF THE MEMBER'S ELECTION TO DECREASE HIS
   37  OR HER ANNUITY CONTRIBUTIONS TO THE RETIREMENT SYSTEM IN ORDER TO  APPLY
   38  THE  AMOUNT OF SUCH REDUCTION IN PAYMENT OF HIS OR HER CONTRIBUTIONS FOR
   39  OLD-AGE AND SURVIVORS INSURANCE COVERAGE.
   40    G. THE INCREASED PENSIONS  TO  A  UNIVERSITY  POLICE  OFFICER  IN  THE
   41  SERVICE  OF  THE STATE UNIVERSITY, AS PROVIDED BY THIS SECTION, SHALL BE
   42  PAID FROM ADDITIONAL CONTRIBUTIONS MADE BY THE STATE ON ACCOUNT OF  SUCH
   43  MEMBERS.    THE ACTUARY OF THE RETIREMENT SYSTEM SHALL COMPUTE THE ADDI-
   44  TIONAL CONTRIBUTION OF EACH MEMBER WHO ELECTS  TO  RECEIVE  THE  SPECIAL
   45  BENEFITS  PROVIDED  UNDER  THIS  SECTION.  SUCH ADDITIONAL CONTRIBUTIONS
   46  SHALL BE COMPUTED ON THE BASIS OF CONTRIBUTIONS DURING  THE  PROSPECTIVE
   47  SERVICE  OF SUCH MEMBER WHICH WILL COVER THE LIABILITY OF THE RETIREMENT
   48  SYSTEM FOR SUCH EXTRA PENSIONS. UPON APPROVAL BY THE  COMPTROLLER,  SUCH
   49  ADDITIONAL  CONTRIBUTIONS  SHALL BE CERTIFIED BY HIM OR HER TO THE CHAN-
   50  CELLOR OF THE STATE UNIVERSITY. THE AMOUNT THEREOF SHALL BE INCLUDED  IN
   51  THE  ANNUAL  APPROPRIATION  OF  THE STATE FOR THE STATE UNIVERSITY. SUCH
   52  AMOUNT SHALL BE PAID ON THE WARRANT OF THE COMPTROLLER  TO  THE  PENSION
   53  ACCUMULATION FUND OF THE RETIREMENT SYSTEM.
   54    H.  IN  COMPUTING  THE  TWENTY-FIVE  YEARS  OF  COMPLETED SERVICE OF A
   55  UNIVERSITY POLICE OFFICER IN THE SERVICE OF THE STATE  UNIVERSITY,  FULL
   56  CREDIT  SHALL  BE  GIVEN AND FULL ALLOWANCE SHALL BE MADE FOR SERVICE OF
       S. 4205                            80
    1  SUCH MEMBER IN WAR AFTER WORLD WAR I AS DEFINED IN SECTION TWO  OF  THIS
    2  CHAPTER,  PROVIDED  SUCH  MEMBER AT THE TIME OF HIS OF HER ENTRANCE INTO
    3  THE ARMED FORCES WAS IN STATE SERVICE, AND FULL CREDIT AND  FULL  ALLOW-
    4  ANCE  SHALL  BE  MADE FOR SERVICE AS A UNIVERSITY PEACE OFFICER PRIOR TO
    5  THE EFFECTIVE DATE OF CHAPTER FOUR HUNDRED TWENTY-FOUR OF  THE  LAWS  OF
    6  NINETEEN HUNDRED NINETY-EIGHT.
    7    I. THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING NOTWITHSTANDING
    8  ANY PROVISION IN THIS ARTICLE TO THE CONTRARY.
    9    J.  NOTWITHSTANDING  ANY  PROVISION  OF  SUBDIVISION D, E OR I OF THIS
   10  SECTION TO THE CONTRARY, A MEMBER WHO IS IN THE  COLLECTIVE  NEGOTIATING
   11  UNIT  DESIGNATED  AS  THE  AGENCY  POLICE  SERVICES UNIT AND ESTABLISHED
   12  PURSUANT TO ARTICLE FOURTEEN OF  THE  CIVIL  SERVICE  LAW  AND  WHO  HAS
   13  ELECTED  OR  IS  REQUIRED  TO CONTRIBUTE IN ACCORDANCE WITH THIS SECTION
   14  MAY, ON OR BEFORE MARCH THIRTY-FIRST, TWO  THOUSAND  SIXTEEN,  ELECT  TO
   15  COME  UNDER  THE  PROVISIONS  OF SECTION THREE HUNDRED SEVENTY-FIVE-H OF
   16  THIS ARTICLE. SUCH ELECTION SHALL BE DULY EXECUTED AND  FILED  WITH  THE
   17  COMPTROLLER.
   18    K.  COMMENCING WITH THE EFFECTIVE DATE OF THIS SECTION AND IN A MANNER
   19  DETERMINED BY THE HEAD OF THE RETIREMENT SYSTEM, THE STATE, AS EMPLOYER,
   20  SHALL MAKE CONTRIBUTIONS TO THE  RETIREMENT  SYSTEM  TO  FUND  THE  PAST
   21  SERVICE  LIABILITY  COSTS  ASSOCIATED  WITH  THE  IMPLEMENTATION OF THIS
   22  SECTION AS THOSE COSTS ARE CALCULATED BY THE RETIREMENT SYSTEM  ACTUARY.
   23  SUCH  CONTRIBUTIONS  MAY,  AT THE ELECTION OF THE EMPLOYER, BE AMORTIZED
   24  OVER A TEN YEAR PERIOD.
   25    S 4. No employee contributions made to the New York  state  and  local
   26  employees'  retirement system by any state university police officer who
   27  elects to transfer pursuant to this act shall be returned to such  offi-
   28  cer.  Such  employee  contributions  shall  be  used  to offset any past
   29  service costs incurred by operation of the provisions of this act.
   30    S 5. Notwithstanding subdivision h of section 343  of  the  retirement
   31  and  social  security  law,  the  provisions  of subdivisions c and d of
   32  section 343 of the retirement and social security law  shall  apply  and
   33  the  employer contributions reserve shall be transferred from the appro-
   34  priate fund or funds of the New York state and local employees'  retire-
   35  ment  system  to the New York state and local police and fire retirement
   36  system.
   37    S 6. Subdivision 3 of section 58 of the civil service law, as  amended
   38  by chapter 244 of the laws of 2013, is amended to read as follows:
   39    3.  As  used in this section, the term "police officer" means a police
   40  officer in the  department  of  environmental  conservation,  THE  STATE
   41  UNIVERSITY  POLICE,  a  member  of  the  regional state park police or a
   42  police force, police department, or  other  organization  of  a  county,
   43  city,  town,  village,  housing  authority,  transit authority or police
   44  district, who is responsible for the prevention and detection  of  crime
   45  and the enforcement of the general criminal laws of the state, but shall
   46  not  include  any  person serving as such solely by virtue of his or her
   47  occupying any other office or position, nor shall such  term  include  a
   48  sheriff,  under-sheriff,  commissioner  of  police,  deputy or assistant
   49  commissioner of police, chief of police, deputy or  assistant  chief  of
   50  police  or  any  person  having  an equivalent title who is appointed or
   51  employed to exercise equivalent supervisory authority.
   52    S 7. Paragraphs (a) and (b) of subdivision 4  of  section  58  of  the
   53  civil  service  law,  as amended by chapter 244 of the laws of 2013, are
   54  amended to read as follows:
   55    (a) Any person who has received provisional or  permanent  appointment
   56  in the competitive class of the civil service as a police officer of the
       S. 4205                            81
    1  regional state park police, THE STATE UNIVERSITY OF NEW YORK POLICE, the
    2  department  of  environmental conservation or any police force or police
    3  department of any county, city, town, village, housing authority, trans-
    4  it  authority  or  police  district shall be eligible to resign from any
    5  police force or police department, and to be appointed as a police offi-
    6  cer in the same or any other police force or police  department  without
    7  satisfying  the  age requirements set forth in paragraph (a) of subdivi-
    8  sion one of this section at  the  time  of  such  second  or  subsequent
    9  appointment, provided such second or subsequent appointment occurs with-
   10  in thirty days of the date of resignation.
   11    (b)  Any  person who has received permanent appointment in the compet-
   12  itive class of the civil service as a police  officer  of  the  regional
   13  state  park police, THE STATE UNIVERSITY OF NEW YORK POLICE, the depart-
   14  ment of environmental conservation or any police force or police depart-
   15  ment of any county, city,  town,  village,  housing  authority,  transit
   16  authority or police district shall be eligible to resign from any police
   17  force  or  police department and, subject to such civil service rules as
   18  may be applicable, shall be  eligible  for  reinstatement  in  the  same
   19  police force or police department or in any other police force or police
   20  department  to which he or she was eligible for transfer, without satis-
   21  fying the age requirements set forth in paragraph (a) of subdivision one
   22  of this section at the time of such reinstatement, provided  such  rein-
   23  statement occurs within one year of the date of resignation.
   24    S 8. This act shall take effect immediately.
         FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
         This  bill  would  allow  State University Police Officers to elect to
       transfer to the New York State and  Local  Police  and  Fire  Retirement
       System  and  to  be  covered by the provisions of a new twenty-five (25)
       year half pay retirement plan, with additional  one-sixtieths  of  final
       average  salary  for  each year of service in excess of twenty-five (25)
       years, but not exceeding fifteen (15) such years. For Tiers 2, 5, and  6
       members,  the  additional  one-sixtieths  can  not exceed seven (7) such
       years. There will be no refund  of  Article  14  or  Article  15  member
       contributions  for officers who elect to transfer to the Police and Fire
       Retirement system.
         If this bill is enacted, we anticipate that there will be an  increase
       of  approximately  $1.1 million in the annual contributions of the State
       of New York for the fiscal year ending March 31, 2016.
         In addition to the annual contributions discussed above, it  is  esti-
       mated that there will be an immediate past service cost of $9.72 million
       which  would  be  borne  by the State of New York, assuming that payment
       will be made on March 1, 2016. If this cost is amortized over  ten  (10)
       years,  the  cost for the first year, including interest, would be $1.32
       million.
         These estimated costs are based on five hundred  sixteen  (516)  State
       University Police Officers with a total estimated salary of approximate-
       ly $39 million for the fiscal year ending March 31, 2014.
         Summary of relevant resources:
         The  membership  data  used  in  measuring  the impact of the proposed
       change was the same as that used in the March 31, 2014  actuarial  valu-
       ation.    Distributions  and  other  statistics can be found in the 2014
       Report of the  Actuary  and  the  2014  Comprehensive  Annual  Financial
       Report.
         The  actuarial assumptions and methods used are described in the 2010,
       2011, 2012, 2013 and 2014 Annual Report to the Comptroller on  Actuarial
       S. 4205                            82
       Assumptions,  and  the  Codes  Rules and Regulations of the State of New
       York: Audit and Control.
         The Market Assets and GASB Disclosures are found in the March 31, 2014
       New  York  State  and  Local  Retirement System Financial Statements and
       Supplementary Information.
         I am a member of the American Academy of Actuaries and meet the Quali-
       fication Standards to render the actuarial opinion contained herein.
         This estimate, dated January 16, 2015 and intended for use only during
       the 2015 Legislative Session, is Fiscal Note No. 2015-30 prepared by the
       Actuary for the New York State and Local  Employees'  Retirement  System
       and the New York State and Local Police and Fire Retirement System.
    1                                   PART BB
    2    Section 1. Section 832 of the executive law is amended by adding a new
    3  subdivision 4 to read as follows:
    4    4. NO LATER THAN AUGUST FIRST, TWO THOUSAND FIFTEEN, THE OFFICE SHALL,
    5  IN  CONSULTATION WITH ALL COUNTIES AND ALL OTHER PERSONS AND ENTITIES IT
    6  DEEMS APPROPRIATE, DEVELOP A WRITTEN PLAN TO PROVIDE THAT EACH  CRIMINAL
    7  DEFENDANT ELIGIBLE FOR PUBLICLY FUNDED LEGAL REPRESENTATION IS ADEQUATE-
    8  LY REPRESENTED BY COUNSEL. SUCH PLAN SHALL BE DELIVERED TO THE GOVERNOR,
    9  TOGETHER  WITH  A  FULL ESTIMATE AS TO THE AMOUNT OF FUNDING REQUIRED TO
   10  IMPLEMENT SUCH PLAN, WITH THE STATE BEARING FULL COST OF SUCH  IMPLEMEN-
   11  TATION.  THE PLAN SHALL PROVIDE A MECHANISM TO ENSURE AN ELIGIBLE CRIMI-
   12  NAL DEFENDANT IS REPRESENTED AT  ARRAIGNMENT.  THE  PLAN  SHALL  FURTHER
   13  PROVIDE FOR APPROPRIATE CASELOAD/WORKLOAD STANDARDS FOR EACH PROVIDER OF
   14  MANDATED  REPRESENTATION,  WHETHER  PUBLIC  DEFENDER, LEGAL AID SOCIETY,
   15  ASSIGNED COUNSEL PROGRAM, OR CONFLICT  DEFENDER  FOR  REPRESENTATION  IN
   16  BOTH  TRIAL  AND  APPELLATE-LEVEL  CASES, AS WELL AS DETERMINE RESOURCES
   17  (INCLUDING BUT NOT  LIMITED  TO  INVESTIGATORS  OR  NON-ATTORNEY  STAFF)
   18  NECESSARY  FOR  EACH PROVIDER OF MANDATED REPRESENTATION. THE PLAN SHALL
   19  PROVIDE THAT ATTORNEYS PROVIDING  MANDATED  REPRESENTATION  IN  CRIMINAL
   20  CASES  RECEIVE  EFFECTIVE  SUPERVISION  AND TRAINING IN CRIMINAL LAW AND
   21  PROCEDURE AND PROFESSIONAL PRACTICE STANDARDS AND  HAVE  ACCESS  TO  AND
   22  APPROPRIATELY  UTILIZE INVESTIGATORS, INTERPRETERS, AND EXPERT WITNESSES
   23  ON  BEHALF  OF  CLIENTS.  THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES
   24  ("DCJS"),  THE  OFFICE  OF COURT ADMINISTRATION ("OCA") AND THE NEW YORK
   25  STATE DISTRICT ATTORNEY'S ASSOCIATION SHALL ADDITIONALLY PROVIDE A WRIT-
   26  TEN PLAN FOR ANY INCREASED NEEDS TO ENSURE THAT THE PEOPLE OF THE  STATE
   27  OF NEW YORK ARE ADEQUATELY REPRESENTED IN THE CRIMINAL JUSTICE SYSTEM TO
   28  MIRROR  PRESENCE AT ARRAIGNMENT, CASELOAD/WORKLOAD STANDARDS, RESOURCES,
   29  TRAINING AND SUPERVISION. SUCH INFORMATION, TOGETHER WITH  ESTIMATES  AS
   30  TO  THE  COST  OF  IMPLEMENTATION,  SHALL  BE APPENDED TO THE PLAN TO BE
   31  DEVELOPED BY THE OFFICE. UPON SUBMISSION, THE PLAN SHALL  BE  POSTED  TO
   32  THE  OFFICE'S  WEBSITE,  AS  WELL  AS  THE WEBSITES OF DCJS, OCA AND THE
   33  GOVERNOR.
   34    S 2. This act shall take effect immediately.
   35                                   PART CC
   36    Section 1. Section 224-b of the county law is amended by adding a  new
   37  subdivision 5 to read as follows:
   38    5.  REGIONAL  SPECIALIST  PROGRAMS. REGIONAL SPECIALIST PROGRAMS WHOSE
   39  STATE ASSISTANCE SUPPORTS, AT A MINIMUM, SEVENTY-FIVE PERCENT  OF  TOTAL
   40  EXPENDITURES SHALL SUBMIT AN ANNUAL REPORT ON OR BEFORE JANUARY FIRST OF
   41  EACH  YEAR  TO  THE  TEMPORARY  PRESIDENT  OF THE SENATE, SPEAKER OF THE
       S. 4205                            83
    1  ASSEMBLY, CHAIR OF THE LEGISLATIVE COMMISSION ON  RURAL  RESOURCES,  AND
    2  DIRECTOR  OF THE DIVISION OF THE BUDGET CONTAINING DATA ON THE NUMBER OF
    3  PRODUCERS PARTICIPATING IN THE PROGRAM, NUMBER OF FARMS  THEY  REPRESENT
    4  AND  GEOGRAPHIC  LOCATION OF THE FARMS, AND RECOMMENDATIONS FOR PROGRAM-
    5  MATIC GOALS IN OUTLYING YEARS.
    6    S 2. This act shall take effect immediately.
    7                                   PART DD
    8    Section 1. Subdivision 1-a of section 3 of the public officers law, as
    9  added by section 31-b of subpart A of part H of chapter 55 of  the  laws
   10  of 2014, is amended to read as follows:
   11    1-a.  (i)  No  person  shall  be capable of holding a civil office who
   12  shall stand convicted of a felony defined in article two hundred or four
   13  hundred ninety-six or section 195.20 of the penal law.
   14    (ii) Any individual who stands convicted of a misdemeanor  defined  in
   15  article  two  hundred, article four hundred ninety-six or section 195.00
   16  of the penal law,  OR  WHO  HAS  FAILED  TO  DISCLOSE  SUCH  INFORMATION
   17  REQUIRED UNDER SUBDIVISION FOUR OF SECTION SEVENTY-THREE-A OF THIS CHAP-
   18  TER,  may not hold civil office for a period of five years from the date
   19  of conviction, provided that in the event such conviction is the  result
   20  of a plea agreement resulting in a plea to such charge in lieu of a plea
   21  or  conviction  of  a  felony  defined  in  [section] SECTIONS 195.20 OR
   22  175.35, OR article two hundred or article four hundred ninety-six of the
   23  penal law, all parties to such agreement may agree that  the  period  of
   24  such  bar  may  be  for  a  period  of  up to ten years from the date of
   25  conviction.
   26    S 2. Subparagraphs (a) and (b) of paragraph  8  and  paragraph  13  of
   27  subdivision  3 of section 73-a of the public officers law, subparagraphs
   28  (a) and (b) of paragraph 8 as amended by section 37 of subpart A of part
   29  H of chapter 55 of the laws of 2014  and  paragraph  13  as  amended  by
   30  section  5 of part A of chapter 399 of the laws of 2011, are amended and
   31  a new subparagraph (b-1) is added to paragraph 8 to read as follows:
   32    (a) If the reporting individual practices  law,  is  licensed  by  the
   33  department  of  state  as  a  real estate broker or agent or practices a
   34  profession licensed by the department of education, or works as a member
   35  or employee of a firm required to register pursuant to section one-e  of
   36  the  legislative  law  as  a  lobbyist,  [give  a  general] DESCRIBE THE
   37  SERVICES RENDERED TO WHICH COMPENSATION WAS  PAID  INCLUDING  A  GENERAL
   38  description of the principal subject areas of matters undertaken by such
   39  individual  OR  PRINCIPAL  DUTIES  PERFORMED.   Additionally, if such an
   40  individual practices with a firm or corporation  and  is  a  partner  or
   41  shareholder  of  the  firm or corporation, give a general description of
   42  principal subject areas of matters undertaken by  such  firm  or  corpo-
   43  ration.
   44      ____________________________________________________________________
   45      ____________________________________________________________________
   46      ____________________________________________________________________
   47      ____________________________________________________________________
   48      ____________________________________________________________________
   49    (b)  APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
   50  PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE, OR FOR NEW MATTERS
   51  FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO  THOSE  SERVICES  THAT
   52  ARE PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE:
       S. 4205                            84
    1    If the reporting individual personally provides services to any person
    2  or  entity,  or works as a member or employee of a partnership or corpo-
    3  ration that  provides  such  services  (referred  to  hereinafter  as  a
    4  "firm"),  then  identify  each  client or customer to whom the reporting
    5  individual  personally  provided  services  AND  THE  SERVICES  ACTUALLY
    6  PROVIDED, OR EACH CLIENT OR CUSTOMER, [or] who was referred to the  firm
    7  by  the  reporting individual, and from whom the reporting individual or
    8  his or her firm [earned fees] WAS PAID in  excess  of  [$10,000]  $5,000
    9  during the reporting period [for]. FOR such services rendered [in direct
   10  connection  with]  BY  THE  FILER DIRECTLY TO EACH SUCH CLIENT, DESCRIBE
   11  EACH MATTER THAT WAS THE SUBJECT OF  SUCH  REPRESENTATION,  AND  PAYMENT
   12  RECEIVED.    FOR  PAYMENTS RECEIVED FROM CLIENTS ORIGINATED BY THE FILER
   13  FOR WHOM THE FILER DID NOT PERFORM SERVICES, IDENTIFY THE CLIENT AND THE
   14  PAYMENT SO RECEIVED.  ALSO, INDICATE WHETHER SUCH SERVICES WERE RENDERED
   15  IN DIRECT CONNECTION WITH:
   16    (i) [A proposed bill or resolution in the senate  or  assembly  during
   17  the reporting period;
   18    (ii)]  A contract in an amount totaling $50,000 or more from the state
   19  or any state agency for services, materials, or property;
   20    [(iii)] (II) A grant of $25,000 or more from the state  or  any  state
   21  agency during the reporting period;
   22    [(iv)]  (III) A grant obtained through a legislative initiative during
   23  the reporting period; or
   24    [(v)] (IV) A case, proceeding, application or other matter that is not
   25  a ministerial matter before a state agency during the reporting period.
   26    For purposes of this question, "referred  to  the  firm"  shall  mean:
   27  having  intentionally  and  knowingly  taken a specific act or series of
   28  acts to intentionally procure for the  reporting  individual's  firm  or
   29  knowingly  solicit or direct to the reporting individual's firm in whole
   30  or substantial part, a person or entity that becomes a  client  of  that
   31  firm  for  the  purposes  of  representation  for a matter as defined in
   32  subparagraphs (i) through [(v)] (IV) of this paragraph, as the result of
   33  such procurement, solicitation or direction of the reporting individual.
   34  A reporting individual need  not  disclose  activities  performed  while
   35  lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivi-
   36  sion seven of section seventy-three of this article.
   37    [The disclosure requirement in this question shall not require disclo-
   38  sure  of  clients  or  customers  receiving  medical or dental services,
   39  mental health services, residential real estate brokering  services,  or
   40  insurance brokering services from the reporting individual or his or her
   41  firm.  The  reporting individual need not identify any client to whom he
   42  or she or his or her firm provided legal representation with respect  to
   43  investigation or prosecution by law enforcement authorities, bankruptcy,
   44  or  domestic  relations  matters. With respect to clients represented in
   45  other matters, where disclosure of a  client's  identity  is  likely  to
   46  cause harm, the reporting individual shall request an exemption from the
   47  joint  commission  pursuant  to  paragraph  (i)  of  subdivision nine of
   48  section ninety-four of the executive law. Only  a  reporting  individual
   49  who  first  enters  public office after July first, two thousand twelve,
   50  need not report clients or customers with respect to matters  for  which
   51  the reporting individual or his or her firm was retained prior to enter-
   52  ing public office.
   53  Client                                    Nature of Services Provided
   54  ________________________________________________________________________
   55  ________________________________________________________________________
   56  ________________________________________________________________________
       S. 4205                            85
    1  ________________________________________________________________________
    2  ______________________________________________________________________ ]
    3    (B-1)  FOR ALL OTHER CLIENTS OR CUSTOMERS (EXCLUSIVE OF THOSE FOR WHOM
    4  DISCLOSURE IS NOT REQUIRED) BY WHOM THE FILER  WAS  PAID  IN  EXCESS  OF
    5  $5,000,  DISCLOSE  THE  NAME  OF  EACH  SUCH  CLIENT OR CUSTOMER AND THE
    6  SERVICES ACTUALLY RENDERED FOR WHICH MONEY WAS RECEIVED:
    7     CLIENT                 SERVICES ACTUALLY PROVIDED
       ________________________________________________________________________
       ________________________________________________________________________
       ________________________________________________________________________
       ________________________________________________________________________
       ________________________________________________________________________
    8  FOLLOWING  IS  AN  ILLUSTRATIVE,  NON-EXCLUSIVE  LIST  OF  EXAMPLES   OF
    9  DESCRIPTIONS OF "SERVICES ACTUALLY PROVIDED":
   10    * REVIEWED DOCUMENTS AND CORRESPONDENCE;
   11    * REPRESENTED CLIENT (IDENTIFY CLIENT BY NAME) IN LEGAL PROCEEDING;
   12    * PROVIDED LEGAL ADVICE ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);
   13    * CONSULTED  WITH CLIENT OR LAW PARTNERS/ASSOCIATES/MEMBERS OF FIRM ON
   14      CLIENT MATTER (IDENTIFY CLIENT BY NAME);
   15    * REFERRED INDIVIDUAL OR ENTITY (IDENTIFY CLIENT BY NAME)  FOR  REPRE-
   16      SENTATION OR CONSULTATION.
   17  THE  DISCLOSURE REQUIREMENT IN QUESTIONS (B) AND (B-1) SHALL NOT REQUIRE
   18  DISCLOSING CLIENTS OR CUSTOMERS RECEIVING MEDICAL  OR  DENTAL  SERVICES,
   19  MENTAL  HEALTH  SERVICES, RESIDENTIAL REAL ESTATE BROKERING SERVICES, OR
   20  INSURANCE BROKERING SERVICES FROM THE REPORTING INDIVIDUAL OR HIS OR HER
   21  FIRM. THE REPORTING INDIVIDUAL NEED NOT IDENTIFY ANY CLIENT TO  WHOM  HE
   22  OR  SHE OR HIS OR HER FIRM PROVIDED LEGAL REPRESENTATION WITH RESPECT TO
   23  INVESTIGATION OR PROSECUTION BY LAW ENFORCEMENT AUTHORITIES, BANKRUPTCY,
   24  SURROGATE COURT AND ESTATE PLANNING WORK, OR DOMESTIC RELATIONS MATTERS.
   25  WITH RESPECT TO CLIENTS REPRESENTED IN OTHER MATTERS,  WHERE  DISCLOSURE
   26  OF A CLIENT'S IDENTITY IS LIKELY TO CAUSE HARM, THE REPORTING INDIVIDUAL
   27  SHALL  REQUEST  AN EXEMPTION FROM THE JOINT COMMISSION PURSUANT TO PARA-
   28  GRAPH (I) OF SUBDIVISION NINE OF SECTION NINETY-FOUR  OF  THE  EXECUTIVE
   29  LAW.
   30  13. List  below  the nature and amount of any income in EXCESS of $1,000
   31      from EACH SOURCE for the reporting individual and such  individual's
   32      spouse  for  the  taxable  year  last occurring prior to the date of
   33      filing.   EACH SUCH SOURCE MUST  BE  DESCRIBED  WITH  PARTICULARITY.
   34      Nature  of income includes, but is not limited to, all income (other
   35      than that received from the employment listed under  Item  2  above)
   36      from compensated employment whether public or private, directorships
   37      and  other  fiduciary  positions, contractual arrangements, teaching
   38      income, partnerships, honorariums, lecture  fees,  consultant  fees,
   39      bank and bond interest, dividends, income derived from a trust, real
   40      estate rents, and recognized gains from the sale or exchange of real
   41      or  other  property.   Income from a business or profession and real
   42      estate rents shall be reported with the  source  identified  by  the
   43      building  address  in the case of real estate rents and otherwise by
   44      the name of the entity and not by the name of the individual custom-
   45      ers, clients or tenants, with the aggregate net income before  taxes
   46      for  each  building  address or entity.   The receipt of maintenance
   47      received in connection with a matrimonial action, alimony and  child
   48      support payments shall not be listed.
       S. 4205                            86
    1      Self/                                                       Category
    2      Spouse          Source                   Nature            of Amount
    3                                                              (In Table I)
    4      ____________________________________________________________________
    5      ____________________________________________________________________
    6      ____________________________________________________________________
    7      ____________________________________________________________________
    8      ____________________________________________________________________
    9    S 3. Subdivision 3 of section 73 of the public officers law is amended
   10  by adding a new paragraph (c) to read as follows:
   11    (C)  NO  MEMBER  OF  THE  LEGISLATURE  OR  LEGISLATIVE  EMPLOYEE SHALL
   12  RECEIVE, DIRECTLY OR INDIRECTLY, OR ENTER INTO ANY AGREEMENT EXPRESS  OR
   13  IMPLIED,  FOR,  ANY COMPENSATION, IN WHATEVER FORM FOR THE APPEARANCE OR
   14  RENDITION OF SERVICES BY HIMSELF OR HERSELF  OR  ANOTHER  IN  CONNECTION
   15  WITH  ANY PROPOSED OR PENDING BILL OR RESOLUTION IN THE SENATE OR ASSEM-
   16  BLY NOR MAY A MEMBER OF THE ASSEMBLY  OR  SENATE  REFER  ANY  CLIENT  OR
   17  CUSTOMER  IN  CONNECTION  WITH  LOBBYING  OR ADVOCATING ON BEHALF OF ANY
   18  PROPOSED OR PENDING BILL OR RESOLUTION BEFORE SUCH LEGISLATIVE  BODY  TO
   19  ANY ENTITY WITH WHOM SUCH MEMBER HAS A BUSINESS RELATIONSHIP EITHER AS A
   20  MEMBER  OR EMPLOYEE INCLUDING ANY SUCH ENTITY THAT IS DISCLOSED IN QUES-
   21  TION EIGHT OF THE FINANCIAL DISCLOSURE STATEMENT  REQUIRED  PURSUANT  TO
   22  SECTION SEVENTY-THREE-A OF THIS CHAPTER.
   23    S  4.  Subdivisions (k) and (t) of section 1-c of the legislative law,
   24  subdivision (k) as amended and subdivision (t) as added by chapter 1  of
   25  the laws of 2005, are amended to read as follows:
   26    (k)  The term "municipality" shall mean any jurisdictional subdivision
   27  of the state, including but not  limited  to  counties,  cities,  towns,
   28  villages, improvement districts and special districts, with a population
   29  of  more than [fifty] FIVE thousand, and industrial development agencies
   30  in jurisdictional subdivisions with a population of  more  than  [fifty]
   31  FIVE  thousand;  and  public  authorities, and public corporations[, but
   32  shall not include school districts].
   33    (t) The term "local legislative body" shall mean the board of supervi-
   34  sors, board of  aldermen,  common  council,  council,  commission,  town
   35  board,  board of trustees or other elective governing board or body of a
   36  municipality now or hereafter vested by state statute, charter or  other
   37  law with jurisdiction to initiate and adopt local laws [and], ordinances
   38  AND  BUDGETS, whether or not such local laws [or], ordinances OR BUDGETS
   39  require approval of the elective chief executive officer or other  offi-
   40  cial or body to become effective.
   41    S  5. Subdivision 2 of section 5 of the legislative law, as amended by
   42  section 1 of part M-1 of chapter 407 of the laws of 1999, is amended  to
   43  read as follows:
   44    2.  Each member of the legislature shall receive payment of actual and
   45  necessary transportation expenses and [a per diem equivalent to the most
   46  recent federal per diem rates published by the General Services Adminis-
   47  tration and set forth in 41 CFR (Code of Federal Regulations) Part  301,
   48  App.  A] REASONABLE AND NECESSARY TRAVEL EXPENSES FOR LODGING, MEALS AND
   49  INCIDENTALS THAT ARE ACTUALLY  INCURRED  WHILE  PERFORMING  HIS  OR  HER
   50  DUTIES  AND  FOR  WHICH RECEIPTS AND OTHER APPROPRIATE DOCUMENTATION ARE
   51  SUBMITTED WHICH SHALL BE REIMBURSED AT THE SAME RATES AS SUCH  RECEIPTED
   52  EXPENSES ARE OTHERWISE ALLOWED STATE EMPLOYEES BY THE STATE COMPTROLLER,
   53  while in travel status in the performance of [his or her] THEIR duties[;
   54  and  such other reasonable expenses as may be necessary for the perform-
       S. 4205                            87
    1  ance of the member's responsibilities as  determined  by  the  temporary
    2  president  of the senate or speaker of the assembly for their respective
    3  houses.  The per diem allowances, including partial per diem allowances,
    4  shall be made pursuant to regulations promulgated by the temporary pres-
    5  ident of the senate and the speaker of the assembly for their respective
    6  houses,  on audit and warrant of the comptroller on vouchers approved by
    7  the temporary president of the senate or his or  her  designee  and  the
    8  speaker  of  the  assembly  or  his or her designee for their respective
    9  houses].
   10    S 6. Subdivision 6 of section 109 of the state finance law,  as  added
   11  by chapter 881 of the laws of 1980, is amended to read as follows:
   12    6.  Notwithstanding  the  provisions  of this or any other law, on and
   13  after January first, nineteen hundred eighty-one, the heads of the exec-
   14  utive department, the department of law and the department of audit  and
   15  control  and  the lieutenant governor, upon certification to the depart-
   16  ment of audit and control by such officer or his OR HER duly  designated
   17  representative  that  the amounts in lieu of expenses currently provided
   18  or the currently provided payment in reimbursement of all necessary  and
   19  actual  expenses  incurred  incidental  to  the  performance of official
   20  duties and obligations applicable on the effective date of this act have
   21  been expended, shall receive reimbursement for  actual,  reasonable  and
   22  necessary  expenses  incurred  incidental to the performance of official
   23  duties and obligations for expenses in excess of such amounts in lieu of
   24  expenses  or  such  payments  in   reimbursement   currently   provided.
   25  Reimbursement  for  such expenses provided by this subdivision in excess
   26  of the amounts currently provided shall be obtained by submitting travel
   27  or other expense claims to the comptroller, in accordance with rules and
   28  regulations of the comptroller.  PROVIDED HOWEVER, THAT WHILE IN  TRAVEL
   29  STATUS  IN  THE  PERFORMANCE  OF  THEIR OFFICIAL DUTIES, WITH RESPECT TO
   30  EXPENSES INCURRED FOR LODGING, MEALS AND INCIDENTALS DURING SUCH STATUS,
   31  THE HEADS OF THE EXECUTIVE DEPARTMENT, THE DEPARTMENT  OF  LAW  AND  THE
   32  DEPARTMENT  OF  AUDIT AND CONTROL AND THE LIEUTENANT GOVERNOR SHALL ONLY
   33  BE ENTITLED TO AND MAY ONLY  RECEIVE  REASONABLE  AND  NECESSARY  TRAVEL
   34  EXPENSES  FOR  LODGING,  MEALS  AND  INCIDENTALS  AT THE SAME RATES SUCH
   35  EXPENSES  ARE  OTHERWISE  ALLOWED  STATE  EMPLOYEES  THAT  ARE  ACTUALLY
   36  INCURRED  WHILE  PERFORMING  SUCH  DUTIES  AND  FOR  WHICH  THEY PROVIDE
   37  RECEIPTS AND OTHER APPROPRIATE DOCUMENTATION.
   38    S 7. Paragraph (a) of subdivision 1 and paragraph (d) of subdivision 3
   39  of section 14-107 of the election law, as added by section 4 of  subpart
   40  C  of  part  H of chapter 55 of the laws of 2014, are amended to read as
   41  follows:
   42    (a) "Independent expenditure" means an expenditure made  by  a  person
   43  conveyed to five hundred or more members of a general public audience in
   44  the  form of (i) an audio or video communication via broadcast, cable or
   45  satellite, (ii) a written communication via  advertisements,  pamphlets,
   46  circulars,  flyers,  brochures,  letterheads  or  (iii)  other published
   47  statements which: (i) irrespective of when such communication  is  made,
   48  contains  words  such as "vote," "oppose," "support," "elect," "defeat,"
   49  or "reject," which call for the election or defeat of the clearly  iden-
   50  tified  candidate,  [or]  (ii)  refers to and advocates for or against a
   51  clearly identified candidate or ballot  proposal  on  or  after  January
   52  first  of  the  year  of the election in which such candidate is seeking
   53  office or such proposal shall appear on  the  ballot,  OR  (III)  WITHIN
   54  SIXTY DAYS BEFORE A GENERAL OR SPECIAL ELECTION FOR THE OFFICE SOUGHT BY
   55  THE  CANDIDATE  OR  THIRTY  DAYS  BEFORE A PRIMARY ELECTION, INCLUDES OR
   56  REFERENCES A CLEARLY IDENTIFIED CANDIDATE.  An  independent  expenditure
       S. 4205                            88
    1  shall  not  include communications where such candidate, the candidate's
    2  political committee or its agents, or a political  committee  formed  to
    3  promote  the  success  or defeat of a ballot proposal or its agents, did
    4  authorize, request, suggest, foster or cooperate in such communication.
    5    (d) A knowing and willful violation of the provisions of this subdivi-
    6  sion  shall subject the person to a civil penalty equal to five thousand
    7  dollars or the cost of the communication, whichever  is  greater,  in  a
    8  special  proceeding  or  civil  action  brought by the [board or imposed
    9  directly by the board of elections] CHIEF ENFORCEMENT COUNSEL.
   10    S 8. The opening paragraph  of  paragraph  (a)  of  subdivision  6  of
   11  section  156  of  the  retirement  and  social security law, as added by
   12  section 1 of part C of chapter 399 of the laws of 2011,  is  amended  to
   13  read as follows:
   14    "Public  official"  shall  mean  any of the following individuals [who
   15  were not members of any retirement system prior to the effective date of
   16  the chapter of the laws of two thousand eleven which added this  article
   17  but  who  have become members of a covered retirement system on or after
   18  the effective date of the chapter of the laws  of  two  thousand  eleven
   19  which added this article]:
   20    S 9. Subdivision 1 of section 157 of the retirement and social securi-
   21  ty  law,  as  added by section 1 of part C of chapter 399 of the laws of
   22  2011, is amended to read as follows:
   23    1. Notwithstanding any other law to the contrary, it shall be  a  term
   24  and  condition  of  membership  for every public official [who becomes a
   25  member of any retirement system on or after the effective  date  of  the
   26  chapter  of  the  laws of two thousand eleven which added this article,]
   27  that such public official's rights to a pension in a  retirement  system
   28  that  accrue  in such retirement system after his or her date of initial
   29  membership in the retirement system shall be subject to  the  provisions
   30  of this article.
   31    S  10. This act shall take effect immediately; provided, however, that
   32  sections eight and nine of this act shall take effect  upon  the  people
   33  approving  and  ratifying by a majority of the electors voting thereon a
   34  constitutional amendment entitled "CONCURRENT RESOLUTION OF  THE  SENATE
   35  AND  ASSEMBLY  proposing  an  amendment to section 7 of article 5 of the
   36  constitution, in relation to forfeiture of pension rights or  retirement
   37  benefits upon conviction of a felony related to public employment".
   38                                   PART EE
   39    Section  1.  Subdivisions a and b of section 13-357 of the administra-
   40  tive code of the city of New York, subdivision a as amended  by  chapter
   41  438 of the laws of 1986, are amended to read as follows:
   42    a.  Once  each year the board may, and upon his or her own application
   43  shall, require any disability pensioner, under the  minimum  period  for
   44  service  retirement elected by him or her, and who at the time of his or
   45  her retirement for disability was an improved benefits plan  member,  OR
   46  ANY DISABILITY PENSIONER RETIRED PURSUANT TO SECTION FIVE HUNDRED SIX OR
   47  FIVE HUNDRED SEVEN OF THE RETIREMENT AND SOCIAL SECURITY LAW, AND WHO IS
   48  UNDER EARLY RETIREMENT AGE AS DEFINED IN SECTION FIVE HUNDRED ONE OF THE
   49  RETIREMENT  AND  SOCIAL  SECURITY LAW FOR POLICE/FIRE MEMBERS to undergo
   50  medical examination. Such examination shall be  made  at  the  place  of
   51  residence  of such beneficiary or other place mutually agreed upon. Upon
   52  the completion of such examination the medical board  shall  report  and
   53  certify  to  the  board whether such beneficiary is or is not totally or
   54  partially incapacitated physically or mentally and whether he or she  is
       S. 4205                            89
    1  or  is  not engaged in or able to engage in a gainful occupation. If the
    2  board concur in a report by the medical board that such  beneficiary  is
    3  able  to  engage  in  a gainful occupation, it shall certify the name of
    4  such  beneficiary  to the appropriate civil service commission, state or
    5  municipal, and such  commission  shall  place  his  or  her  name  as  a
    6  preferred  eligible  on  such  appropriate  lists  of  candidates as are
    7  prepared for appointment to positions for which he or she is  stated  to
    8  be  qualified.  Should  such beneficiary be engaged in a gainful occupa-
    9  tion, or should he or she be offered city-service as  a  result  of  the
   10  placing  of  his  or  her name on a civil service list, such board shall
   11  reduce the amount of his or  her  disability  pension  and  his  or  her
   12  pension-providing-for-increased-take-home-pay,  if  any,  to  an  amount
   13  which, when added to that then earned by him or her, or earnable by  him
   14  or  her  in  city-service  so  offered  him or her, shall not exceed the
   15  current maximum salary for the title next higher than that held  by  him
   16  or  her  when he or she was retired. Should the earning capacity of such
   17  beneficiary be further altered, such board may further alter his or  her
   18  pension and his or her pension-providing-for-increased-take-home-pay, if
   19  any,  to an amount which shall not exceed the rate of pension and his or
   20  her pension-providing-for-increased-take-home-pay, if any, upon which he
   21  or she was originally retired but which,  subject  to  such  limitation,
   22  shall  equal,  when  added  to  that earnable by him or her, the current
   23  maximum salary for the title next higher than that held by  him  or  her
   24  when  he  or  she  was  retired. The provisions of this section shall be
   25  executed, any provision of the charter  or  the  code  to  the  contrary
   26  notwithstanding.
   27    b.  Should  any  disability  pensioner,  under  the minimum period for
   28  service retirement elected by him or her, and who was an improved  bene-
   29  fits plan member at the time of his or her retirement for disability, OR
   30  ANY DISABILITY PENSIONER RETIRED PURSUANT TO SECTION FIVE HUNDRED SIX OR
   31  FIVE  HUNDRED SEVEN OF THE RETIREMENT AND SOCIAL SECURITY LAW AND WHO IS
   32  UNDER EARLY RETIREMENT AGE AS DEFINED IN SECTION FIVE HUNDRED ONE OF THE
   33  RETIREMENT AND SOCIAL SECURITY LAW FOR POLICE/FIRE  MEMBERS,  refuse  to
   34  submit  to  one medical examination in any year by a physician or physi-
   35  cians designated by the medical board, his or her pension and his or her
   36  pension-providing-for-increased-take-home-pay, if any, may be discontin-
   37  ued until his or her withdrawal of such  refusal.  Should  such  refusal
   38  continue  for one year, all his or her rights in and to such pension and
   39  his or her pension-providing-for-increased-take-home-pay, if any, may be
   40  revoked by such board.
   41    S 2. Section 506 of the retirement and social security law is  amended
   42  by adding two new subdivisions e and f to read as follows:
   43    E.  1.  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS CHAPTER OR OF ANY
   44  GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR  RULE  OR
   45  REGULATION  TO  THE CONTRARY, SUBDIVISIONS A, B, C AND D OF THIS SECTION
   46  SHALL NOT APPLY TO MEMBERS OF THE NEW YORK CITY POLICE PENSION FUND  WHO
   47  ARE  SUBJECT  TO  THIS  ARTICLE.  A  MEMBER  OF THE NEW YORK CITY POLICE
   48  PENSION FUND WHO IS SUBJECT TO THIS ARTICLE SHALL  INSTEAD  BE  ELIGIBLE
   49  FOR  ORDINARY  DISABILITY  RETIREMENT  PURSUANT  TO  SECTIONS 13-251 AND
   50  13-254 OF THE ADMINISTRATIVE CODE OF THE CITY OF  NEW  YORK,  AND  SHALL
   51  RECEIVE A RETIREMENT ALLOWANCE WHICH SHALL CONSIST OF:
   52    (I)  AN ANNUITY, WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF HIS OR HER
   53  ACCUMULATED CONTRIBUTIONS, IF ANY, AT THE TIME OF HIS OR HER RETIREMENT;
   54    (II)  A  PENSION  WHICH   IS   THE   ACTUARIAL   EQUIVALENT   OF   THE
   55  RESERVE-FOR-INCREASED-TAKE-HOME-PAY TO WHICH HE OR SHE MAY THEN BE ENTI-
   56  TLED, IF ANY; AND
       S. 4205                            90
    1    (III)  A  PENSION,  WHICH,  TOGETHER  WITH  HIS OR HER ANNUITY AND THE
    2  PENSION-PROVIDING-FOR-INCREASED-TAKE-HOME-PAY, IF ANY, SHALL BE EQUAL TO
    3  A RETIREMENT ALLOWANCE EQUAL TO ONE-FORTIETH OF HIS OR HER FINAL AVERAGE
    4  SALARY MULTIPLIED BY THE NUMBER OF YEARS OF CITY-SERVICE CREDITED TO HIM
    5  OR HER, BUT NOT LESS THAN (1) ONE-HALF OF HIS OR HER FINAL AVERAGE SALA-
    6  RY, IF THE YEARS OF CITY-SERVICE CREDITED TO HIM OR HER ARE TEN OR MORE,
    7  OR  (2)  ONE-THIRD  OF  HIS OR HER FINAL AVERAGE SALARY, IF THE YEARS OF
    8  CITY-SERVICE CREDITED TO HIM OR HER ARE LESS THAN TEN.
    9    2. THE PROVISIONS OF SUBDIVISIONS G, H AND I OF SECTION  FIVE  HUNDRED
   10  SEVEN  OF  THIS  ARTICLE  SHALL  APPLY TO DISABILITY BENEFITS UNDER THIS
   11  SUBDIVISION.
   12    F. 1. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER  OR  OF  ANY
   13  GENERAL,  SPECIAL  OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR
   14  REGULATION TO THE CONTRARY, SUBDIVISIONS A, B, C AND D OF  THIS  SECTION
   15  SHALL  NOT APPLY TO MEMBERS OF THE NEW YORK FIRE DEPARTMENT PENSION FUND
   16  WHO ARE SUBJECT TO THIS ARTICLE. A MEMBER OF THE NEW YORK  FIRE  DEPART-
   17  MENT PENSION FUND WHO IS SUBJECT TO THIS ARTICLE SHALL INSTEAD BE ELIGI-
   18  BLE  FOR  ORDINARY DISABILITY RETIREMENT PURSUANT TO SECTIONS 13-352 AND
   19  13-357 OF THE ADMINISTRATIVE CODE OF THE CITY OF  NEW  YORK,  AND  SHALL
   20  RECEIVE A RETIREMENT ALLOWANCE WHICH SHALL CONSIST OF:
   21    (I)  AN ANNUITY, WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF HIS OR HER
   22  ACCUMULATED CONTRIBUTIONS, IF ANY, AT THE TIME OF HIS OR HER RETIREMENT;
   23  AND
   24    (II)  A  PENSION  WHICH   IS   THE   ACTUARIAL   EQUIVALENT   OF   THE
   25  RESERVE-FOR-INCREASED-TAKE-HOME-PAY TO WHICH HE OR SHE MAY THEN BE ENTI-
   26  TLED, IF ANY, AND
   27    (III)  A  PENSION,  WHICH  TOGETHER  WITH  HIS  OR HER ANNUITY AND THE
   28  PENSION-PROVIDING-FOR-INCREASED-TAKE-HOME-PAY, IF ANY, SHALL BE EQUAL TO
   29  A RETIREMENT ALLOWANCE EQUAL TO ONE-FORTIETH OF HIS OR HER FINAL AVERAGE
   30  SALARY MULTIPLIED BY THE NUMBER OF YEARS OF CITY-SERVICE CREDITED TO HIM
   31  OR HER, BUT NOT LESS THAN (1) ONE-HALF OF HIS OR HER FINAL AVERAGE SALA-
   32  RY, IF THE YEARS OF CITY-SERVICE CREDITED TO HIM OR HER ARE TEN OR MORE,
   33  OR (2) ONE-THIRD OF HIS OR HER FINAL AVERAGE SALARY,  IF  THE  YEARS  OF
   34  CITY-SERVICE CREDITED TO HIM OR HER ARE LESS THAN TEN.
   35    2.  THE  PROVISIONS OF SUBDIVISIONS G, H AND I OF SECTION FIVE HUNDRED
   36  SEVEN OF THIS ARTICLE SHALL APPLY  TO  DISABILITY  BENEFITS  UNDER  THIS
   37  SUBDIVISION.
   38    S  3. Section 507 of the retirement and social security law is amended
   39  by adding two new subdivisions j and k to read as follows:
   40    J. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR ANY GENERAL,
   41  SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR REGULATION
   42  TO THE CONTRARY, SUBDIVISIONS A, B, C, D, E, AND F OF THIS SECTION SHALL
   43  NOT APPLY TO MEMBERS OF THE NEW YORK FIRE DEPARTMENT  PENSION  FUND  WHO
   44  ARE  SUBJECT  TO  THIS ARTICLE. A MEMBER OF THE NEW YORK FIRE DEPARTMENT
   45  PENSION FUND WHO IS SUBJECT TO THIS ARTICLE SHALL  INSTEAD  BE  ELIGIBLE
   46  FOR  ACCIDENTAL  DISABILITY  RETIREMENT  PURSUANT  TO  SECTIONS  13-353,
   47  13-354, AND 13-357 OF THE ADMINISTRATIVE CODE OF THE CITY  OF  NEW  YORK
   48  AND  ANY  ACCIDENTAL DISABILITY RETIREMENT BENEFITS FOUND IN THE GENERAL
   49  MUNICIPAL LAW AND SHALL  RECEIVE  A  RETIREMENT  ALLOWANCE  WHICH  SHALL
   50  CONSIST OF:
   51    1.  AN  ANNUITY, WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF HIS OR HER
   52  ACCUMULATED CONTRIBUTIONS, IF ANY, AT THE TIME OF HIS OR HER RETIREMENT;
   53  AND
   54    2. A PENSION WHICH IS THE ACTUARIAL EQUIVALENT OF THE  RESERVE-FOR-IN-
   55  CREASED-TAKE-HOME-PAY  TO  WHICH HE OR SHE MAY THEN BE ENTITLED, IF ANY;
   56  AND
       S. 4205                            91
    1    3. A PENSION, OF THREE-QUARTERS OF HIS OR HER FINAL AVERAGE SALARY, IN
    2  ADDITION TO THE ANNUITY AND PENSION PROVIDED FOR BY PARAGRAPHS  ONE  AND
    3  TWO OF THIS SUBDIVISION.
    4    K.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  THIS CHAPTER OR OF ANY
    5  GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR  RULE  OR
    6  REGULATION  TO  THE  CONTRARY,  SUBDIVISIONS A, B, C, D, E AND F OF THIS
    7  SECTION SHALL NOT APPLY TO MEMBERS OF THE NEW YORK CITY  POLICE  PENSION
    8  FUND  WHO  ARE  SUBJECT  TO  THIS ARTICLE. A MEMBER OF THE NEW YORK CITY
    9  POLICE PENSION FUND WHO IS SUBJECT TO  THIS  ARTICLE  SHALL  INSTEAD  BE
   10  ELIGIBLE  FOR  ACCIDENTAL  DISABILITY  RETIREMENT  PURSUANT  TO SECTIONS
   11  13-215, 13-252 AND 13-254 OF THE ADMINISTRATIVE CODE OF THE CITY OF  NEW
   12  YORK, AND SHALL RECEIVE A RETIREMENT ALLOWANCE WHICH SHALL CONSIST OF:
   13    1.  AN  ANNUITY, WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF HIS OR HER
   14  ACCUMULATED CONTRIBUTIONS, IF ANY, AT THE TIME OF HIS OR  HER    RETIRE-
   15  MENT;
   16    2.  A PENSION WHICH IS THE ACTUARIAL EQUIVALENT OF THE RESERVE-FOR-IN-
   17  CREASED-TAKE-HOME-PAY TO WHICH HE OR SHE MAY THEN BE ENTITLED,  IF  ANY;
   18  AND
   19    3. A PENSION, OF THREE-QUARTERS OF HIS OR HER FINAL AVERAGE SALARY, IN
   20  ADDITION  TO  THE ANNUITY AND PENSION PROVIDED FOR BY PARAGRAPHS ONE AND
   21  TWO OF THIS SUBDIVISION.
   22    S 4. Section 510 of the retirement and social security law is  amended
   23  by adding a new subdivision i to read as follows:
   24    I.  NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ARTICLE OR THE ADMIN-
   25  ISTRATIVE CODE OF THE CITY OF NEW YORK, THE ANNUAL  ESCALATION  PROVIDED
   26  IN THIS SECTION SHALL NOT APPLY TO THE ORDINARY OR ACCIDENTAL DISABILITY
   27  RETIREMENT  BENEFIT  OF MEMBERS OF THE NEW YORK CITY POLICE PENSION FUND
   28  OR MEMBERS OF THE NEW YORK  FIRE  DEPARTMENT  PENSION  FUND  WHO  RETIRE
   29  PURSUANT TO SECTION FIVE HUNDRED SIX OR FIVE HUNDRED SEVEN OF THIS ARTI-
   30  CLE. THE ORDINARY OR ACCIDENTAL DISABILITY RETIREMENT BENEFIT OF MEMBERS
   31  OF  THE  NEW  YORK  FIRE  DEPARTMENT PENSION FUND WHO RETIRE PURSUANT TO
   32  SECTION FIVE HUNDRED SIX OR FIVE HUNDRED SEVEN OF THIS ARTICLE SHALL  BE
   33  ADJUSTED FOR COST-OF-LIVING PURSUANT TO THE PROVISIONS OF SECTION 13-696
   34  OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
   35    S 5. Subdivision f of section 511 of the retirement and social securi-
   36  ty law, as amended by chapter 18 of the laws of 2012, is amended to read
   37  as follows:
   38    f.  This  section  shall not apply to general members in the uniformed
   39  correction force of the New York city department  of  correction  or  to
   40  uniformed  personnel  in  institutions  under  the  jurisdiction  of the
   41  department of corrections and community supervision and security  hospi-
   42  tal treatment assistants, as those terms are defined in subdivision i of
   43  section  eighty-nine  of  this  chapter,  provided,  however,  that  the
   44  provisions of this section shall apply to  a  New  York  city  uniformed
   45  correction/sanitation  revised  plan member, AND THIS SECTION SHALL ALSO
   46  NOT APPLY TO MEMBERS OF THE NEW YORK CITY POLICE PENSION FUND OR THE NEW
   47  YORK FIRE DEPARTMENT PENSION FUND WHO ARE SUBJECT TO  THIS  ARTICLE  WHO
   48  RETIRE  ON  ORDINARY  OR  ACCIDENTAL  DISABILITY  RETIREMENT PURSUANT TO
   49  SECTION FIVE HUNDRED SIX OR FIVE HUNDRED SEVEN OF THIS ARTICLE.
   50    S 6. Section 512 of the retirement and social security law is  amended
   51  by adding two new subdivisions e and f to read as follows:
   52    E. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION A OF THIS SECTION, OR
   53  ANY  OTHER GENERAL, SPECIAL OR LOCAL LAW, WITH RESPECT TO MEMBERS OF THE
   54  NEW YORK FIRE DEPARTMENT PENSION FUND WHO RETIRE  PURSUANT  TO  SECTIONS
   55  FIVE HUNDRED SIX AND FIVE HUNDRED SEVEN OF THIS ARTICLE A MEMBER'S FINAL
   56  AVERAGE  SALARY  SHALL  MEAN THE SALARY EARNED BY SUCH MEMBER DURING THE
       S. 4205                            92
    1  ONE-YEAR PERIOD IMMEDIATELY PRIOR TO RETIREMENT, EXCLUSIVE OF  ANY  FORM
    2  OF TERMINATION PAY (WHICH SHALL INCLUDE ANY COMPENSATION IN ANTICIPATION
    3  OF  RETIREMENT), OR ANY LUMP SUM PAYMENT FOR DEFERRED COMPENSATION, SICK
    4  LEAVE, OR ACCUMULATED VACATION CREDIT, OR ANY OTHER PAYMENT FOR TIME NOT
    5  WORKED  (OTHER THAN COMPENSATION RECEIVED WHILE ON SICK LEAVE OR AUTHOR-
    6  IZED LEAVE OF ABSENCE); PROVIDED, HOWEVER, IF THE SALARY OR WAGES EARNED
    7  DURING THE ONE YEAR PERIOD IMMEDIATELY PRIOR TO RETIREMENT EXCEEDS  THAT
    8  OF  THE  PREVIOUS  ONE-YEAR  PERIOD  BY  MORE THAN TWENTY PER CENTUM THE
    9  AMOUNT IN EXCESS OF TWENTY PER CENTUM SHALL BE EXCLUDED FROM THE  COMPU-
   10  TATION OF FINAL AVERAGE SALARY. IN DETERMINING FINAL AVERAGE SALARY, ANY
   11  MONTH  OR  MONTHS  (NOT  IN  EXCESS  OF  THREE) WHICH WOULD OTHERWISE BE
   12  INCLUDED IN COMPUTING FINAL AVERAGE SALARY BUT DURING WHICH  THE  MEMBER
   13  WAS  ON  AUTHORIZED  LEAVE OF ABSENCE WITHOUT PAY SHALL BE EXCLUDED FROM
   14  THE COMPUTATION OF FINAL AVERAGE SALARY AND THE MONTH OR AN EQUAL NUMBER
   15  OF MONTHS IMMEDIATELY PRECEDING SUCH PERIOD SHALL BE SUBSTITUTED IN LIEU
   16  THEREOF.
   17    F. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION A OF THIS SECTION, OR
   18  ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, WITH RESPECT TO MEMBERS OF  THE
   19  NEW  YORK  CITY POLICE PENSION FUND WHO RETIRE PURSUANT TO SECTIONS FIVE
   20  HUNDRED SIX AND FIVE HUNDRED SEVEN OF  THIS  ARTICLE  A  MEMBER'S  FINAL
   21  AVERAGE  SALARY  SHALL  MEAN THE SALARY EARNED BY SUCH MEMBER DURING THE
   22  ONE-YEAR PERIOD IMMEDIATELY PRIOR TO RETIREMENT, EXCLUSIVE OF  ANY  FORM
   23  OF TERMINATION PAY (WHICH SHALL INCLUDE ANY COMPENSATION IN ANTICIPATION
   24  OF  RETIREMENT)  OR ANY LUMP SUM PAYMENT FOR DEFERRED COMPENSATION, SICK
   25  LEAVE, OR ACCUMULATED VACATION CREDIT, OR ANY OTHER PAYMENT FOR TIME NOT
   26  WORKED (OTHER THAN COMPENSATION RECEIVED WHILE ON SICK LEAVE OR  AUTHOR-
   27  IZED LEAVE OF ABSENCE); PROVIDED, HOWEVER, IF THE SALARY OR WAGES EARNED
   28  DURING  THE ONE-YEAR PERIOD IMMEDIATELY PRIOR TO RETIREMENT EXCEEDS THAT
   29  OF THE PREVIOUS ONE-YEAR PERIOD BY MORE  THAN  TWENTY  PER  CENTUM,  THE
   30  AMOUNT  IN EXCESS OF TWENTY PER CENTUM SHALL BE EXCLUDED FROM THE COMPU-
   31  TATION OF FINAL AVERAGE SALARY. IN DETERMINING FINAL AVERAGE SALARY, ANY
   32  MONTH OR MONTHS (NOT IN  EXCESS  OF  THREE)  WHICH  WOULD  OTHERWISE  BE
   33  INCLUDED  IN  COMPUTING FINAL AVERAGE SALARY BUT DURING WHICH THE MEMBER
   34  WAS ON AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY SHALL  BE  EXCLUDED  FROM
   35  THE COMPUTATION OF FINAL AVERAGE SALARY AND THE MONTH OR AN EQUAL NUMBER
   36  OF MONTHS IMMEDIATELY PRECEDING SUCH PERIOD SHALL BE SUBSTITUTED IN LIEU
   37  THEREOF.
   38    S  7.  The retirement and social security law is amended by adding two
   39  new sections 607-i and 607-j to read as follows:
   40    S 607-I. PERFORMANCE  OF  DUTY  DISABILITY  RETIREMENT  FOR  AMBULANCE
   41  MEDICAL  TECHNICIAN  SUPERVISORS, AMBULANCE MEDICAL TECHNICIAN COORDINA-
   42  TORS AND AMBULANCE MEDICAL TECHNICIANS IN NASSAU COUNTY. A.  THE  COUNTY
   43  OF  NASSAU SHALL MAKE THE BENEFITS PROVIDED IN THIS SECTION AVAILABLE TO
   44  AMBULANCE MEDICAL TECHNICIAN SUPERVISORS, AMBULANCE  MEDICAL  TECHNICIAN
   45  COORDINATORS  AND AMBULANCE MEDICAL TECHNICIANS WHO ARE IN THE EMPLOY OF
   46  NASSAU COUNTY.
   47    B. A MEMBER SHALL BE ENTITLED TO RETIREMENT FOR DISABILITY INCURRED IN
   48  IN THE PERFORMANCE OF DUTY IF,  AT  THE  TIME  APPLICATION  THEREFOR  IS
   49  FILED, HE OR SHE IS:
   50    1. PHYSICALLY OR MENTALLY INCAPACITATED FOR PERFORMANCE OF DUTY AS THE
   51  NATURAL  AND  PROXIMATE  RESULT OF A DISABILITY NOT CAUSED BY HIS OR HER
   52  OWN WILLFUL NEGLIGENCE SUSTAINED IN SUCH SERVICE AND  WHILE  ACTUALLY  A
   53  MEMBER OF THE RETIREMENT SYSTEM; AND
   54    2.  ACTUALLY  IN  SERVICE  UPON  WHICH HIS OR HER MEMBERSHIP IS BASED.
   55  HOWEVER, IN A CASE WHERE A MEMBER IS DISCONTINUED  FROM  SERVICE  EITHER
   56  VOLUNTARILY  OR  INVOLUNTARILY, SUBSEQUENT TO SUSTAINING A DISABILITY IN
       S. 4205                            93
    1  SUCH SERVICE, APPLICATION MAY BE MADE NOT LATER THAN TWO YEARS AFTER THE
    2  MEMBER IS FIRST DISCONTINUED FROM SERVICE; AND PROVIDED THAT THE  MEMBER
    3  MEETS  THE REQUIREMENTS OF SUBDIVISION A OF THIS SECTION AND THIS SUBDI-
    4  VISION.
    5    C.  APPLICATION FOR A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOW-
    6  ANCE FOR SUCH A MEMBER MAY BE MADE BY:
    7    1. SUCH MEMBER; OR
    8    2. THE HEAD OF THE DEPARTMENT IN WHICH SUCH MEMBER IS EMPLOYED; OR
    9    3. ANY PERSON ACTING ON BEHALF OF AND AUTHORIZED BY SUCH MEMBER.
   10    D. 1. AFTER THE FILING OF SUCH AN APPLICATION, SUCH  MEMBER  SHALL  BE
   11  GIVEN  ONE  OR  MORE  MEDICAL EXAMINATIONS. NO SUCH APPLICATION SHALL BE
   12  APPROVED, HOWEVER, UNLESS THE MEMBER OR SOME OTHER PERSON ON HIS OR  HER
   13  BEHALF  SHALL HAVE FILED WRITTEN NOTICE IN THE OFFICE OF THE COMPTROLLER
   14  WITHIN NINETY DAYS AFTER OCCURRENCE WHICH IS THE BASIS FOR THE DISABILI-
   15  TY INCURRED IN THE PERFORMANCE OF DUTY, SETTING FORTH:
   16    (A) THE TIME WHEN AND THE PLACE OF SUCH OCCURRENCE; AND
   17    (B) THE PARTICULARS THEREOF; AND
   18    (C) THE NATURE AND EXTENT OF THE MEMBER'S INJURIES; AND
   19    (D) HIS OR HER ALLEGED DISABILITY.
   20    2. THE NOTICE HEREIN REQUIRED NEED NOT BE GIVEN:
   21    (A) IF THE NOTICE OF SUCH ACCIDENT SHALL BE FILED IN  ACCORDANCE  WITH
   22  THE  PROVISIONS  OF  THE  WORKERS'  COMPENSATION LAW OF ANY STATE WITHIN
   23  WHICH A PARTICIPATING EMPLOYER IN NASSAU COUNTY SHALL HAVE ITS EMPLOYEES
   24  LOCATED OR PERFORMING FUNCTIONS AND DUTIES WITHIN THE  NORMAL  SCOPE  OF
   25  THEIR EMPLOYMENT; OR
   26    (B)  IF  THE APPLICATION FOR ACCIDENTAL DISABILITY RETIREMENT IS FILED
   27  WITHIN ONE YEAR AFTER THE DATE OF THE OCCURRENCE WHICH FORMS  THE  BASIS
   28  FOR THE APPLICATION; OR
   29    (C)  IF A FAILURE TO FILE NOTICE HAS BEEN EXCUSED FOR GOOD CAUSE SHOWN
   30  AS PROVIDED BY RULES AND REGULATIONS PROMULGATED BY THE COMPTROLLER.
   31    E. IF THE COMPTROLLER DETERMINES THAT  THE  MEMBER  IS  PHYSICALLY  OR
   32  MENTALLY  INCAPACITATED FOR THE PERFORMANCE OF DUTY PURSUANT TO SUBDIVI-
   33  SION B OF THIS SECTION AND OUGHT TO BE RETIRED, SUCH MEMBER SHALL BE  SO
   34  RETIRED. SUCH RETIREMENT SHALL BE EFFECTIVE AS OF A DATE APPROVED BY THE
   35  COMPTROLLER.
   36    F.  THE  ANNUAL RETIREMENT ALLOWANCE PAYABLE UPON RETIREMENT FOR DISA-
   37  BILITY INCURRED IN THE  PERFORMANCE  OF  DUTY  SHALL  BE  A  PENSION  OF
   38  ONE-HALF  OF HIS OR HER FINAL AVERAGE SALARY PLUS AN ANNUITY WHICH SHALL
   39  BE THE ACTUARIAL EQUIVALENT OF THE MEMBER'S  ACCUMULATED  CONTRIBUTIONS,
   40  IF ANY.
   41    G.  IF  THE  MEMBER, AT THE TIME OF THE FILING OF AN APPLICATION UNDER
   42  THE PROVISIONS OF SUBDIVISION C OF  THIS  SECTION,  IS  ELIGIBLE  FOR  A
   43  SERVICE RETIREMENT BENEFIT, THEN AND IN THAT EVENT, HE OR SHE MAY SIMUL-
   44  TANEOUSLY  FILE AN APPLICATION FOR SERVICE RETIREMENT IN ACCORDANCE WITH
   45  THE PROVISIONS OF SECTION SEVENTY OF THIS  CHAPTER,  PROVIDED  THAT  THE
   46  MEMBER  INDICATES  ON  THE  APPLICATION FOR SERVICE RETIREMENT THAT SUCH
   47  APPLICATION IS FILED  WITHOUT  PREJUDICE  TO  THE  APPLICATION  FOR  THE
   48  RETIREMENT FOR DISABILITY INCURRED IN PERFORMANCE OF DUTY.
   49    H.  ANY BENEFIT PROVIDED PURSUANT TO THIS SECTION SHALL NOT BE CONSID-
   50  ERED AS AN ACCIDENTAL DISABILITY BENEFIT WITHIN THE MEANING  OF  SECTION
   51  SIXTY-THREE, SIXTY-FOUR, FIVE HUNDRED SEVEN-F, FIVE HUNDRED SEVEN-G, SIX
   52  HUNDRED SEVEN-E, OR SIX HUNDRED SEVEN-F OF THIS CHAPTER.
   53    I.  ANY BENEFIT PAYABLE PURSUANT TO THE WORKERS' COMPENSATION LAW TO A
   54  MEMBER RECEIVING A DISABILITY ALLOWANCE PURSUANT TO THIS  SECTION  SHALL
   55  BE IN ADDITION TO SUCH RETIREMENT FOR DISABILITY INCURRED IN PERFORMANCE
   56  OF DUTY ALLOWANCE.
       S. 4205                            94
    1    J.  A  FINAL  DETERMINATION  OF THE COMPTROLLER THAT THE MEMBER IS NOT
    2  ENTITLED TO RETIREMENT BENEFITS PURSUANT TO THIS SECTION  SHALL  NOT  IN
    3  ANY  RESPECT  BE, OR CONSTITUTE, A DETERMINATION WITH REGARD TO BENEFITS
    4  PAYABLE PURSUANT TO SECTION TWO HUNDRED SEVEN-C OF THE GENERAL MUNICIPAL
    5  LAW.
    6    K.  NOTHING IN THIS SECTION SHALL BE DEEMED TO PRECLUDE THE SIMULTANE-
    7  OUS FILING OF AN APPLICATION FOR BENEFITS PURSUANT TO ANY OTHER  SECTION
    8  OF  LAW  NOR  THE  CONSIDERATION  OF  SUCH APPLICATION BY THE RETIREMENT
    9  SYSTEM, INCLUDING AN ACCIDENTAL DISABILITY BENEFIT PURSUANT  TO  SECTION
   10  SIX HUNDRED SEVEN-E OF THIS ARTICLE.
   11    S  607-J.  PERFORMANCE  OF  DUTY  DISABILITY RETIREMENT FOR CHIEF FIRE
   12  MARSHALS, ASSISTANT  CHIEF  FIRE  MARSHALS,  DIVISION  SUPERVISING  FIRE
   13  MARSHALS,  SUPERVISING  FIRE  MARSHALS,  FIRE  MARSHALS AND FIRE MARSHAL
   14  TRAINEES IN NASSAU COUNTY. A. THE COUNTY OF NASSAU SHALL MAKE THE  BENE-
   15  FITS  PROVIDED IN THIS SECTION AVAILABLE TO CHIEF FIRE MARSHALS, ASSIST-
   16  ANT CHIEF FIRE MARSHALS, DIVISION SUPERVISING FIRE MARSHALS, SUPERVISING
   17  FIRE MARSHALS, FIRE MARSHALS AND FIRE MARSHAL TRAINEES WHO  ARE  IN  THE
   18  EMPLOY OF NASSAU COUNTY.
   19    B. A MEMBER SHALL BE ENTITLED TO RETIREMENT FOR DISABILITY INCURRED IN
   20  THE  PERFORMANCE  OF DUTY IF, AT THE TIME APPLICATION THEREFOR IS FILED,
   21  HE OR SHE IS:
   22    1. PHYSICALLY OR MENTALLY INCAPACITATED FOR PERFORMANCE OF DUTY AS THE
   23  NATURAL AND PROXIMATE RESULT OF A DISABILITY NOT CAUSED BY  HIS  OR  HER
   24  OWN  WILLFUL  NEGLIGENCE  SUSTAINED IN SUCH SERVICE AND WHILE ACTUALLY A
   25  MEMBER OF THE RETIREMENT SYSTEM; AND
   26    2. ACTUALLY IN SERVICE UPON WHICH HIS  OR  HER  MEMBERSHIP  IS  BASED.
   27  HOWEVER,  IN  A CASE WHERE A MEMBER IS DISCONTINUED FROM SERVICE, EITHER
   28  VOLUNTARILY OR INVOLUNTARILY, SUBSEQUENT TO SUSTAINING A  DISABILITY  IN
   29  SUCH SERVICE, APPLICATION MAY BE MADE NOT LATER THAN TWO YEARS AFTER THE
   30  MEMBER  IS FIRST DISCONTINUED FROM SERVICE; AND PROVIDED THAT THE MEMBER
   31  MEETS THE REQUIREMENTS OF SUBDIVISION A OF THIS SECTION AND THIS  SUBDI-
   32  VISION.
   33    C.  APPLICATION FOR A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOW-
   34  ANCE FOR SUCH A MEMBER MAY BE MADE BY:
   35    1. SUCH MEMBER; OR
   36    2. THE HEAD OF THE DEPARTMENT IN WHICH SUCH MEMBER IS EMPLOYED; OR
   37    3. ANY PERSON ACTING ON BEHALF OF AND AUTHORIZED BY SUCH MEMBER.
   38    D. 1. AFTER THE FILING OF SUCH AN APPLICATION, SUCH  MEMBER  SHALL  BE
   39  GIVEN  ONE  OR  MORE  MEDICAL EXAMINATIONS. NO SUCH APPLICATION SHALL BE
   40  APPROVED, HOWEVER, UNLESS THE MEMBER OR SOME OTHER PERSON ON HIS OR  HER
   41  BEHALF  SHALL HAVE FILED WRITTEN NOTICE IN THE OFFICE OF THE COMPTROLLER
   42  WITHIN NINETY DAYS AFTER OCCURRENCE WHICH IS THE BASIS FOR THE DISABILI-
   43  TY INCURRED IN THE PERFORMANCE OF DUTY, SETTING FORTH:
   44    (A) THE TIME WHEN AND THE PLACE OF SUCH OCCURRENCE; AND
   45    (B) THE PARTICULARS THEREOF; AND
   46    (C) THE NATURE AND EXTENT OF THE MEMBER'S INJURIES; AND
   47    (D) HIS OR HER ALLEGED DISABILITY.
   48    2. THE NOTICE HEREIN REQUIRED NEED NOT BE GIVEN:
   49    (A) IF THE NOTICE OF SUCH ACCIDENT SHALL BE FILED IN  ACCORDANCE  WITH
   50  THE  PROVISIONS  OF  THE  WORKERS'  COMPENSATION LAW OF ANY STATE WITHIN
   51  WHICH A PARTICIPATING EMPLOYER IN NASSAU COUNTY SHALL HAVE ITS EMPLOYEES
   52  LOCATED OR PERFORMING FUNCTIONS AND DUTIES WITHIN THE  NORMAL  SCOPE  OF
   53  THEIR EMPLOYMENT; OR
   54    (B)  IF  THE APPLICATION FOR ACCIDENTAL DISABILITY RETIREMENT IS FILED
   55  WITHIN ONE YEAR AFTER THE DATE OF THE OCCURRENCE WHICH FORMS  THE  BASIS
   56  FOR THE APPLICATION; OR
       S. 4205                            95
    1    (C)  IF A FAILURE TO FILE NOTICE HAS BEEN EXCUSED FOR GOOD CAUSE SHOWN
    2  AS PROVIDED BY RULES AND REGULATIONS PROMULGATED BY THE COMPTROLLER.
    3    E.  IF  THE  COMPTROLLER  DETERMINES  THAT THE MEMBER IS PHYSICALLY OR
    4  MENTALLY INCAPACITATED FOR THE PERFORMANCE OF DUTY PURSUANT TO  SUBDIVI-
    5  SION  B OF THIS SECTION AND OUGHT TO BE RETIRED, SUCH MEMBER SHALL BE SO
    6  RETIRED. SUCH RETIREMENT SHALL BE EFFECTIVE AS OF A DATE APPROVED BY THE
    7  COMPTROLLER.
    8    F. THE ANNUAL RETIREMENT ALLOWANCE PAYABLE UPON RETIREMENT  FOR  DISA-
    9  BILITY  INCURRED  IN  THE  PERFORMANCE  OF  DUTY  SHALL  BE A PENSION OF
   10  ONE-HALF OF HIS OR HER FINAL AVERAGE SALARY PLUS AN ANNUITY WHICH  SHALL
   11  BE  THE  ACTUARIAL EQUIVALENT OF THE MEMBER'S ACCUMULATED CONTRIBUTIONS,
   12  IF ANY.
   13    G. IF THE MEMBER, AT THE TIME OF THE FILING OF  AN  APPLICATION  UNDER
   14  THE  PROVISIONS  OF  SUBDIVISION  C  OF  THIS SECTION, IS ELIGIBLE FOR A
   15  SERVICE RETIREMENT BENEFIT, THEN AND IN THAT EVENT, HE OR SHE MAY SIMUL-
   16  TANEOUSLY FILE AN APPLICATION FOR SERVICE RETIREMENT IN ACCORDANCE  WITH
   17  THE  PROVISIONS  OF  SECTION  SEVENTY OF THIS CHAPTER, PROVIDED THAT THE
   18  MEMBER INDICATES ON THE APPLICATION FOR  SERVICE  RETIREMENT  THAT  SUCH
   19  APPLICATION  IS  FILED  WITHOUT  PREJUDICE  TO  THE  APPLICATION FOR THE
   20  RETIREMENT FOR DISABILITY INCURRED IN PERFORMANCE OF DUTY.
   21    H. ANY BENEFIT PROVIDED PURSUANT TO THIS SECTION SHALL NOT BE  CONSID-
   22  ERED  AS  AN ACCIDENTAL DISABILITY BENEFIT WITHIN THE MEANING OF SECTION
   23  SIXTY-THREE, SIXTY-FOUR, FIVE HUNDRED SEVEN-F, FIVE HUNDRED SEVEN-G, SIX
   24  HUNDRED SEVEN-E, OR SIX HUNDRED SEVEN-F OF THIS CHAPTER.
   25    I. ANY BENEFIT PAYABLE PURSUANT TO THE WORKERS' COMPENSATION LAW TO  A
   26  MEMBER  RECEIVING  A DISABILITY ALLOWANCE PURSUANT TO THIS SECTION SHALL
   27  BE IN ADDITION TO SUCH RETIREMENT FOR DISABILITY INCURRED IN PERFORMANCE
   28  OF DUTY ALLOWANCE.
   29    J. A FINAL DETERMINATION OF THE COMPTROLLER THAT  THE  MEMBER  IS  NOT
   30  ENTITLED  TO  RETIREMENT  BENEFITS PURSUANT TO THIS SECTION SHALL NOT IN
   31  ANY RESPECT BE, OR CONSTITUTE, A DETERMINATION WITH REGARD  TO  BENEFITS
   32  PAYABLE PURSUANT TO SECTION TWO HUNDRED SEVEN-C OF THE GENERAL MUNICIPAL
   33  LAW.
   34    K.  NOTHING IN THIS SECTION SHALL BE DEEMED TO PRECLUDE THE SIMULTANE-
   35  OUS FILING OF AN APPLICATION FOR BENEFITS PURSUANT TO ANY OTHER  SECTION
   36  OF  LAW  NOR  THE  CONSIDERATION  OF  SUCH APPLICATION BY THE RETIREMENT
   37  SYSTEM, INCLUDING AN ACCIDENTAL DISABILITY BENEFIT PURSUANT  TO  SECTION
   38  SIX HUNDRED SEVEN-E OF THIS ARTICLE.
   39    S  8. All costs associated with implementing the provisions of section
   40  seven of this act shall be borne by Nassau County.
   41    S 9. Paragraph (b) of subdivision 1 of section 13-353.1 of the  admin-
   42  istrative code of the city of New York is relettered paragraph (c) and a
   43  new paragraph (b) is added to read as follows:
   44    (B)  IN  ORDER TO BE ELIGIBLE FOR THE PRESUMPTION PROVIDED UNDER PARA-
   45  GRAPH (A) OF THIS SUBDIVISION,  A  MEMBER  MUST  HAVE  (I)  SUCCESSFULLY
   46  PASSED A PHYSICAL EXAMINATION FOR ENTRY INTO PUBLIC SERVICE WHICH FAILED
   47  TO DISCLOSE EVIDENCE OF THE QUALIFYING CONDITION OR IMPAIRMENT OF HEALTH
   48  THAT  FORMED THE BASIS FOR THE DISABILITY, OR (II) AUTHORIZED RELEASE OF
   49  ALL RELEVANT MEDICAL RECORDS, IF THE MEMBER DID NOT UNDERGO  A  PHYSICAL
   50  EXAMINATION  FOR  ENTRY INTO PUBLIC SERVICE, AND THERE IS NO EVIDENCE OF
   51  THE QUALIFYING CONDITION OR IMPAIRMENT OF HEALTH THAT FORMED  THE  BASIS
   52  FOR THE DISABILITY IN SUCH MEDICAL RECORDS PRIOR TO SEPTEMBER 11, 2001.
   53    S  10. Section 207-k of the general municipal law, as amended by chap-
   54  ter 1046 of the laws of 1973, subdivision a as amended by chapter 654 of
   55  the laws of 2006, is amended to read as follows:
       S. 4205                            96
    1    S 207-k. Disabilities of policemen and firemen in certain  cities.  a.
    2  Notwithstanding  the  provisions of any general, special or local law or
    3  administrative code to the contrary, but  except  for  the  purposes  of
    4  sections  two  hundred  seven-a and two hundred seven-c of this article,
    5  the  workers'  compensation  law  and  the  labor  law, any condition of
    6  impairment of health caused by diseases of the heart, or  by  a  stroke,
    7  resulting  in  total  or partial disability or death to a paid member of
    8  the uniformed force of a paid  police  department  or  fire  department,
    9  where  such  paid  policemen or firemen are drawn from competitive civil
   10  service lists, who successfully passed a physical examination  on  entry
   11  into the service of such respective department, which examination failed
   12  to  reveal any evidence of such condition, shall be presumptive evidence
   13  that it was incurred in the performance and discharge  of  duty,  unless
   14  the contrary be proved by competent evidence.
   15    b.  The  provisions  of  this  section  shall remain in full force and
   16  effect to and including the thirtieth  day  of  June,  nineteen  hundred
   17  seventy-four.
   18    C.  IN  ADDITION,  ANY  CONDITION  OF  IMPAIRMENT  OF HEALTH CAUSED BY
   19  DISEASES OF THE HEART, OR BY A STROKE, RESULTING  IN  TOTAL  OR  PARTIAL
   20  DISABILITY  OR  DEATH TO A MEDICAL OFFICER OF THE FIRE DEPARTMENT OF THE
   21  CITY OF NEW YORK, SHALL BE PRESUMPTIVE EVIDENCE THAT IT WAS INCURRED  IN
   22  THE  PERFORMANCE AND DISCHARGE OF DUTY, PROVIDED THAT SUCH MEDICAL OFFI-
   23  CER AUTHORIZED RELEASE OF ALL RELEVANT MEDICAL RECORDS, AND THERE IS  NO
   24  EVIDENCE OF THE QUALIFYING CONDITION OR IMPAIRMENT OF HEALTH THAT FORMED
   25  THE BASIS FOR THE DISABILITY OR DEATH IN SUCH MEDICAL RECORDS UNLESS THE
   26  CONTRARY BE PROVED BY COMPETENT EVIDENCE.
   27    S 11. Section 207-kk of the general municipal law, as amended by chap-
   28  ter 531 of the laws of 2003, is amended to read as follows:
   29    S  207-kk.  Disabilities  of  firefighters in certain cities caused by
   30  cancer. A. Notwithstanding any other provisions of this chapter  to  the
   31  contrary, any condition of impairment of health caused by (i) any condi-
   32  tion  of  cancer  affecting  the  lymphatic,  digestive,  hematological,
   33  urinary, neurological, breast, reproductive, or prostate systems or (ii)
   34  melanoma resulting in total or partial disability or  death  to  a  paid
   35  member  of  a fire department in a city with a population of one million
   36  or more, who successfully passed a physical examination  on  entry  into
   37  the  service  of such department, which examination failed to reveal any
   38  evidence of such condition, shall be presumptive evidence  that  it  was
   39  incurred in the performance and discharge of duty unless the contrary be
   40  proved  by  competent  evidence.  The  provisions  of this section shall
   41  remain in full force and effect to and including the  thirtieth  day  of
   42  June, two thousand five.
   43    B.  IN  ADDITION,  ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED BY (I)
   44  ANY CONDITION OF CANCER AFFECTING THE LYMPHATIC, DIGESTIVE,  HEMATOLOGI-
   45  CAL, URINARY, NEUROLOGICAL, BREAST, REPRODUCTIVE, OR PROSTATE SYSTEMS OR
   46  (II)  MELANOMA  RESULTING  IN  TOTAL OR PARTIAL DISABILITY OR DEATH TO A
   47  MEDICAL OFFICER OF THE FIRE DEPARTMENT OF THE CITY OF NEW YORK, SHALL BE
   48  PRESUMPTIVE EVIDENCE  THAT  IT  WAS  INCURRED  IN  THE  PERFORMANCE  AND
   49  DISCHARGE OF DUTY, PROVIDED THAT SUCH MEDICAL OFFICER AUTHORIZED RELEASE
   50  OF  ALL RELEVANT MEDICAL RECORDS, AND THERE IS NO EVIDENCE OF THE QUALI-
   51  FYING CONDITION OR IMPAIRMENT OF HEALTH THAT FORMED THE  BASIS  FOR  THE
   52  DISABILITY  OR  DEATH  IN  SUCH  MEDICAL  RECORDS UNLESS THE CONTRARY BE
   53  PROVED BY COMPETENT EVIDENCE.
   54    S 12. Section 207-p of the general municipal law, as added by  chapter
   55  641 of the laws of 1999, is amended to read as follows:
       S. 4205                            97
    1    S  207-p.  Performance  of duty disability retirement; police and fire
    2  department. A. Notwithstanding any other provision of  this  chapter  or
    3  administrative  code  to the contrary, any paid member of a fire depart-
    4  ment and/or a paid police department, in a city with a population of one
    5  million  or  more  who  successfully  passed a physical examination upon
    6  entry into the service of such department who contracts HIV  (where  the
    7  employee  may  have been exposed to a bodily fluid of a person under his
    8  or her care or treatment, or while the employee  examined,  transported,
    9  rescued or otherwise had contact with such person, in the performance of
   10  his  or her duties), tuberculosis or hepatitis, will be presumed to have
   11  contracted such disease as a natural or proximate  result  of  an  acci-
   12  dental  injury  received  in the performance and discharge of his or her
   13  duties and not as a result of his or her willful negligence, unless  the
   14  contrary be provided by competent evidence.
   15    B. IN ADDITION, ANY MEDICAL OFFICER OF THE FIRE DEPARTMENT OF THE CITY
   16  OF  NEW  YORK  WHO  CONTRACTS  HIV  (WHERE  THE MEDICAL OFFICER HAS BEEN
   17  EXPOSED TO A BODILY FLUID OF A PERSON UNDER HIS OR HER  CARE  OR  TREAT-
   18  MENT,  OR  WHILE  THE  MEDICAL OFFICER EXAMINED, TRANSPORTED, RESCUED OR
   19  OTHERWISE HAD CONTACT WITH SUCH PERSON, IN THE PERFORMANCE OF HIS OR HER
   20  DUTIES), TUBERCULOSIS OR HEPATITIS, WILL BE PRESUMED TO HAVE  CONTRACTED
   21  SUCH  DISEASE  AS  A NATURAL OR PROXIMATE RESULT OF AN ACCIDENTAL INJURY
   22  RECEIVED IN THE PERFORMANCE OF HIS OR HER DUTIES AND NOT AS A RESULT  OF
   23  HIS  OR  HER  WILLFUL  NEGLIGENCE,  PROVIDED  THAT  SUCH MEDICAL OFFICER
   24  AUTHORIZED RELEASE OF ALL RELEVANT MEDICAL  RECORDS,  AND  THERE  IS  NO
   25  EVIDENCE OF THE QUALIFYING CONDITION OR IMPAIRMENT OF HEALTH THAT FORMED
   26  THE BASIS FOR THE DISABILITY IN SUCH MEDICAL RECORDS, UNLESS THE CONTRA-
   27  RY BE PROVED BY COMPETENT EVIDENCE.
   28    S  13. Section 207-q of the general municipal law, as amended by chap-
   29  ter 103 of the laws of 2006, is amended to read as follows:
   30    S 207-q. Firefighters; presumption in certain diseases.   A.  Notwith-
   31  standing  any  provision  of  this chapter or of any general, special or
   32  local law to the contrary, and for the purposes  of  this  chapter,  any
   33  condition  of  impairment  of  health  caused  by  diseases of the lung,
   34  resulting in total or partial disability or death to a uniformed  member
   35  of a paid fire department, where such member successfully passed a phys-
   36  ical examination on entry into such service or subsequent thereto, which
   37  examination  failed  to reveal any evidence of such conditions, shall be
   38  presumptive evidence that such disability or death (1) was caused by the
   39  natural and proximate result of an accident, not caused  by  such  fire-
   40  fighter's  own  negligence  and  (2) was incurred in the performance and
   41  discharge of duty, unless the contrary be proven by competent  evidence.
   42  The  provisions of this section shall remain in full force and effect to
   43  and including the thirtieth day of June, two thousand eight.
   44    B. IN ADDITION, ANY  CONDITION  OF  IMPAIRMENT  OF  HEALTH  CAUSED  BY
   45  DISEASES  OF THE LUNG, RESULTING IN TOTAL OR PARTIAL DISABILITY OR DEATH
   46  TO A MEDICAL OFFICER OF THE FIRE DEPARTMENT OF THE  CITY  OF  NEW  YORK,
   47  SHALL  BE  PRESUMPTIVE  EVIDENCE  THAT  SUCH DISABILITY OR DEATH (1) WAS
   48  CAUSED BY THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT, NOT CAUSED BY
   49  SUCH MEDICAL OFFICER'S OWN  NEGLIGENCE  AND  (2)  WAS  INCURRED  IN  THE
   50  PERFORMANCE  AND  DISCHARGE  OF DUTY, PROVIDED THAT SUCH MEDICAL OFFICER
   51  AUTHORIZED RELEASE OF ALL RELEVANT MEDICAL  RECORDS,  AND  THERE  IS  NO
   52  EVIDENCE OF THE QUALIFYING CONDITION OR IMPAIRMENT OF HEALTH THAT FORMED
   53  THE BASIS FOR THE DISABILITY IN SUCH MEDICAL RECORDS, UNLESS THE CONTRA-
   54  RY BE PROVED BY COMPETENT EVIDENCE.
   55    S 14. This act shall take effect immediately; except that sections one
   56  through  six  and  sections nine through thirteen of this act shall take
       S. 4205                            98
    1  effect on the sixtieth day after it shall have become a  law;  provided,
    2  further,  that the amendments to sections 207-k, 207-kk and 207-q of the
    3  general municipal law made by sections ten, eleven and thirteen of  this
    4  act  shall  not  affect  the expiration of such sections, as provided in
    5  section 480 of the retirement and social security law.
         FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
         BACKGROUND - DESIGN OF PROPOSED LEGISLATION
         * In general, the OA believes that proposed legislation should:
         * Be technically accurate,
         * Be clear in its intent,
         * Be administrable, and
         * Meet desired policy objectives.
         While the OA cannot provide any legal analysis,  the  OA  has  done  a
       review of the proposed legislation and has some concerns. These concerns
       that follow represent the best understanding of the Actuary and staff of
       the  OA and should not be considered legal interpretations. All of these
       concerns and suggestions should be reviewed by Counsel.
         For purposes of this letter, all members of the New York  City  Police
       Pension  Fund  ("POLICE")  subject  to  Article 14 of the Retirement and
       Social Security Law ("RSSL") will be referred to  as  "Tier  III  POLICE
       Members." Of those Tier III POLICE Members who have a date of membership
       prior  to  April 1, 2012, they will be referred to as "Original Tier III
       POLICE Members." Of those Tier III POLICE Members who  have  a  date  of
       membership  on  or  after  April  1,  2012,  they will be referred to as
       "Revised Tier III POLICE Members."
         CONCERNS WITH PROPOSED LEGISLATION WITH RESPECT TO ORDINARY DISABILITY
       RETIREMENT ("ODR") AND ACCIDENTAL DISABILITY RETIREMENT ("ADR")
         * Benefits Compared to Tier I and Tier II
         The proposed legislation, if enacted, would revise  the  ODR  and  ADR
       benefit formulas for Tier III POLICE Members.
         It  appears that the proposed Tier III ODR benefit formula is intended
       to be the same as the ODR benefit available to Tier I and Tier II POLICE
       Members (i.e., 1/40 of Final Average Salary ("FAS")  multiplied  by  the
       years  of service, but not less than (1) one-half of FAS if the years of
       service are 10 or more or (2) one-third of FAS if the years  of  service
       are  less  than  10)  where the FAS for Tier III POLICE Members would be
       based on a one-year FAS, the same as for Tier II and similar to the rate
       of pay for Tier I.
         Similarly, it also appears that the proposed ADR benefit  formula  for
       Tier  III  POLICE  Members is intended to be the same as the ADR benefit
       available to Tier I and Tier II POLICE Members (i.e., 75% of Final Aver-
       age Salary ("FAS")), where the FAS for Tier III POLICE Members would  be
       based on a one-year FAS, the same as for Tier II and similar to the rate
       of pay for Tier I.
         Note:  Tier I and Tier II POLICE Members are also entitled to an addi-
       tional 1/60 of total earnings after their 20th  anniversary.  Given  the
       proposed  statutory  references,  it is the understanding of the Actuary
       that the Tier III POLICE Members impacted by  the  proposed  legislation
       would  not receive this additional 1/60 of total earnings after 20 years
       of service.
         POLICE Tier I and Tier II ODR and ADR benefits are subject to Cost-of-
       Living Adjustments ("COLA") under Chapter 125 of the Laws of 2000 on the
       first $18,000 of benefit after five years of Disability Retirement.
         Given the proposed statutory references, it is  the  understanding  of
       the  Actuary  that the proposed ODR and ADR benefits for Tier III POLICE
       Members would be entitled to the COLA described in the  preceding  para-
       S. 4205                            99
       graph,  but  would  NOT  be  subject  to  an  annual Tier III Escalation
       increase on the full benefit immediately from  the  date  of  Disability
       Retirement.
         * Reference to ITHP
         The  proposed  legislation,  in defining the revised ODR and ADR bene-
       fits, uses the term Increased-Take-Home-Pay ("ITHP").
         ITHP is a special benefit provided to Tier I and Tier II  members  and
       is not defined for Tier III members.
         Given  the  history  that  no Tier III Members have ever received ITHP
       benefits, the Actuary has assumed that if the proposed legislation  were
       enacted, Tier III POLICE Members would not be entitled to ITHP.
         * Annuitization of Member Contributions
         The  proposed  legislation  would  include  in the ODR and ADR benefit
       formulas for Tier III POLICE Members, a benefit in the form of an annui-
       ty equal to the actuarial equivalent of the accumulated Tier III  member
       contributions at retirement.
         Annuitized  benefits based directly on member contributions are avail-
       able to Tier I and Tier II POLICE Members. However,  it  is  the  under-
       standing  of the Actuary that no current Tier III Member has any benefit
       which is defined as an  annuitization  of  accumulated  member  contrib-
       utions.
         *  General  Plan  Design: From an administrative and design viewpoint,
       the Actuary would suggest that consideration be given  to  incorporating
       enhanced  ODR  and ADR benefit eligibilities and benefit formulas within
       RSSL Article 14, using only Article  14  terminology  and  structure  to
       achieve  the  desired  ODR  and  ADR  benefit  eligibilities and benefit
       levels.
         * Presumptive Conditions for ADR
         It is the understanding of the Actuary that the proposed  legislation,
       if  enacted,  would  provide  Tier  III POLICE Members the ability to be
       eligible for and to utilize the presumptive conditions that qualify  for
       ADR that are available to Tier I and Tier II POLICE Members.
         The reasoning behind this understanding is that in the proposed legis-
       lation, eligibility conditions for Tier III POLICE members for ODR would
       be  determined  pursuant  to  the Administrative Code of the City of New
       York ("ACNY") Sections 13-216, 13-251 and 13-254 (i.e., those that apply
       to Tier I and Tier II POLICE Members), notwithstanding anything  to  the
       contrary.
         Similarly,  in  the  proposed  legislation, eligibility conditions for
       Tier III POLICE Members for ADR would be  determined  pursuant  to  ACNY
       Sections 13-216, 13-252 and 13-254 (i.e., those that apply to Tier I and
       Tier II POLICE Members), notwithstanding anything to the contrary.
         It  is  the  understanding  of the Actuary that in the proposed legis-
       lation, eligibility for ODR and  ADR  would  not  be  pursuant  to  RSSL
       Section  507.e.  RSSL  Section 507.e provides that a member shall not be
       eligible for ODR or ADR unless the member waives  the  benefits  of  any
       statutory  presumptions.  Accordingly,  it  is  the understanding of the
       Actuary that since under the proposed  legislation  RSSL  Section  507.e
       would  no  longer  apply  to  Tier  III  POLICE Members, Tier III POLICE
       Members would not be required to waive RSSL Section 507.e in order to be
       eligible for ODR or ADR benefits. Consequently, the  statutory  presump-
       tions would apply since that have not been waived.
         In  accordance with the above reasoning, since current Tier III POLICE
       Members are required to waive the presumptions pursuant to RSSL  Section
       507.e,  it  is  the  understanding  of  the Actuary that Tier III POLICE
       Members are currently not entitled to presumptive conditions for ADR.
       S. 4205                            100
         * Consistency Amongst Uniformed Groups
         This  proposed  legislation  would  cover  members  of  POLICE but not
       members of the New York Fire Department Pension  Fund  ("FIRE")  or  any
       other  uniformed  groups.  Given  the historical consistency in benefits
       amongst certain uniformed groups, this proposed legislation would likely
       lead to  demands  for  similar  legislation  for  at  least  some  other
       uniformed groups.
         PROVISIONS  OF  PROPOSED  LEGISLATION: This proposed legislation would
       amend Retirement and Social Security Law  ("RSSL")  Sections  506,  507,
       510,  511  and 512 and amend Administrative Code of the City of New York
       ("ACNY") Section 13-254 to change, for members  of  the  New  York  City
       Police  Pension  Fund  ("POLICE") subject to Article 14 of the RSSL, the
       eligibility for and the calculation of  Ordinary  Disability  Retirement
       ("ODR") benefits and Accidental Disability Retirement ("ADR") benefits.
         For  purposes of this Fiscal Note, all POLICE members subject to Arti-
       cle 14 of the RSSL will be referred to as "Tier III POLICE Members."  Of
       those  Tier  III  POLICE  Members who have a date of membership prior to
       April 1, 2012, they will be referred to as  "Original  Tier  III  POLICE
       Members." Of those Tier III POLICE Members who have a date of membership
       on or after April 1, 2012, they will be referred to as "Revised Tier III
       POLICE Members."
         The  Effective  Date of the proposed legislation would be the 60th day
       after the date of enactment.
         IMPACT ON ODR BENEFITS PAYABLE: The current eligibility provisions for
       ODR benefits for Tier III POLICE Members are based on:
         * Completing five or more years of service, and
         * Becoming eligible for Primary Social Security Disability  retirement
       benefits.
         Such ODR benefits are equal to the greater of:
         *  33  1/3%  of  Three-Year Final Average Salary ("FAS3") for Original
       Tier III POLICE Members or Five-Year Final Average Salary  ("FAS5")  for
       Revised Tier III POLICE Members, or
         *  2% of FAS3 (FAS5 For Revised Tier III POLICE Members) multiplied by
       years of credited service (not in excess of 22 years),
         * Reduced by 50% of the Primary Social  Security  Disability  benefits
       (determined under RSSL Section 511), and
         * Reduced by 100% of Workers' Compensation benefits (if any).
         It  is  the  understanding  of the Actuary that POLICE Members are not
       covered by Workers' Compensation.
         Under the proposed legislation the eligibility  requirements  for  ODR
       benefits for the Tier III POLICE Members would be revised to be the same
       as  those provided in ACNY Sections 13-216, 13-251 and 13-254 (i.e., the
       provisions applicable to Tier I and Tier II POLICE members).
         In particular, completing five or more years of service would  not  be
       required in order to be eligible for ODR benefits. In other words, there
       would  not  any  requirement  for  any  minimum  length of service to be
       completed in order to be eligible for ODR benefits.
         Under the proposed legislation, if enacted, the ODR benefit  for  Tier
       III POLICE Members would be an allowance consisting of:
         * An actuarial equivalent annuity of accumulated member contributions,
       plus
         *  A  pension,  which together with the annuity, equal to 1/40 of One-
       Year Final Average Salary  ("FAS1")  multiplied  by  years  of  credited
       service, but not less than:
         *  1/2 of FAS1, if years of credited service are greater than or equal
       to 10 years, or
       S. 4205                            101
         * 1/3 of FAS1, if years of credited service are less than 10 year.
         Note:  The  proposed legislation also states that one component of the
       ODR benefit would be the actuarial equivalent annuity of  an  Increased-
       Take-Home-Pay ("ITHP") reserve. This theoretical benefit is not included
       in  this Fiscal Note analysis since it is the understanding of the Actu-
       ary that ITHP is not available to Tier III members generally and is  not
       specifically defined in the proposed legislation.
         In  addition,  the proposed legislation would NOT apply the Escalation
       available under RSSL Section 510 to ODR benefits  for  Tier  III  POLICE
       Members. However, such ODR benefits would still be eligible for Cost-of-
       Living Adjustments ("COLA") under Chapter 125 of the Laws of 2000.
         IMPACT  ON  ADR BENEFITS PAYABLE:   The current eligibility provisions
       for ADR benefits for Tier III POLICE Members  are  based  on  satisfying
       either:
         *  Being  eligible  for Social Security Disability retirement benefits
       and having become disabled due to an accident sustained in the  line  of
       duty, or
         *  Being  physically or mentally incapacitated as a result of an acci-
       dent sustained in the line of duty  as  determined  by  the  appropriate
       administrative authority assigned by POLICE.
         As a consequence of RSSL Section 507.e, a Tier III POLICE Member would
       not  be  eligible  for  ADR unless the member waived the benefits of any
       statutory presumptions (e.g., certain heart diseases).
         Such ADR benefits are calculated using a formula of 50% multiplied  by
       FAS3  for  Original Tier III POLICE Members or FAS5 for Revised Tier III
       POLICE Members less 50% of Primary Social  Security  disability  benefit
       (determined  under  RSSL  Section 511) and less 100% of Worker's Compen-
       sation benefits (if any).
         Note: It is the understanding of the Actuary that POLICE  Members  are
       not covered by Worker's Compensation.
         Under  the  proposed  legislation the eligibility requirements for ADR
       benefits for Tier III POLICE Members would be revised to be the same  as
       those  provided  in  ACNY  Sections 13-216, 13-252 and 13-254 (i.e., the
       provisions applicable to Tier I and Tier II POLICE Members).
         In addition, it is the understanding of the Actuary that the  proposed
       legislation, if enacted, would provide Tier III POLICE Members the abil-
       ity  to be eligible for and to utilize the statutory presumptions (e.g.,
       certain heart diseases) that qualify certain Tier I and Tier  II  POLICE
       Members for ADR.
         Under  the  proposed legislation, if enacted, the ADR benefit for Tier
       III POLICE Members would be revised  to  equal  a  retirement  allowance
       equal to the sum of:
         * An actuarial equivalent annuity of accumulated member contributions,
       plus
         * 75% multiplied by FAS1.
         Note:  The  proposed legislation also states that one component of the
       ADR benefit would be the actuarial equivalent annuity of the  Increased-
       Take-Home-Pay ("ITHP") reserve. This theoretical benefit is not included
       in  this Fiscal Note analysis since it is the understanding of the Actu-
       ary that ITHP is not available to Tier III members generally and is  not
       specifically defined in the proposed legislation.
         Also  note,  it  is the understanding of the Actuary that the Tier III
       POLICE Members impacted by the proposed legislation  would  not  receive
       any additional 1/60 of annual earnings after 20 years of service.
         In  addition,  the proposed legislation would NOT apply the Escalation
       available under RSSL Section 510 to ADR benefits  for  Tier  III  POLICE
       S. 4205                            102
       Members. However, such ADR benefits would still be eligible for Cost-of-
       Living Adjustments ("COLA") under Chapter 125 of the Laws of 2000.
         FINANCIAL  IMPACT  -  CHANGES  IN BENEFITS - ACTUARIAL PRESENT VALUES.
       Based on the census data and the actuarial assumptions and methods noted
       herein, if the Effective Date is on or before June 30, 2015,  then  this
       would  change  the Actuarial Present Value ("APV") of benefits ("APVB"),
       APV of member contributions, the Unfunded  Actuarial  Accrued  Liability
       ("UAAL")  and  APV  of future employer contributions as of June 30, 2013
       for Tier III POLICE Members.
         FINANCIAL IMPACT  -  CHANGES  IN  PROJECTED  APV  OF  FUTURE  EMPLOYER
       CONTRIBUTIONS AND PROJECTED EMPLOYER CONTRIBUTIONS: For purposes of this
       Fiscal  Note,  it  is  assumed  that  the changes in APVB, APV of member
       contributions, UAAL and APV of future employer  contributions  would  be
       reflected for the first time in the June 30, 2013 actuarial valuation of
       POLICE.
         Under  the  One-Year  Lag  Methodology  ("OYLM"),  the first year that
       changes in benefits for Tier III POLICE Members  could  impact  employer
       contributions to POLICE would be Fiscal Year 2015.
         In  accordance  with ACNY Section 13.638.2(k-2), new UAAL attributable
       to benefit changes are to be amortized as determined by the Actuary  but
       generally  over  the remaining working lifetime of those impacted by the
       benefit changes. As of June 30, 2013, the remaining working lifetime  of
       the  Tier III POLICE Members is approximately 18 years. Recognizing that
       this period will decrease over time as the group  of  Tier  III  Members
       matures,  the  Actuary  would  likely  choose  to  amortize the new UAAL
       attributable to this proposed legislation  over  a  15-year  period  (14
       payments under the OYLM Methodology).
         The  following  Table one presents an estimate of the increases due to
       the changes in ODR and ADR provisions for Tier III POLICE Members in the
       APV of future employer contributions and in  employer  contributions  to
       POLICE  for Fiscal Years 2015 through 2019 that would occur based on the
       applicable actuarial assumptions and methods noted herein:
                                        Table 1
                         Estimated Financial Impact on POLICE
                           If Certain Revisions are Made to
                          Provisions for ODR and ADR Benefits
                             for Tier III POLICE Members*
                                     ($ Millions)
                               Increase in APV of        Increase in Employer
       Fiscal Year       Future Employer Contributions       Contributions
          2015                      $272.3                        $35.7
          2016                       378.7                         47.2
          2017                       469.6                         56.9
          2018                       552.8                         65.5
          2019                       622.9                         72.2
       * Based on actuarial assumptions and methods set forth in the  Actuarial
       Assumptions  and  Method  Section. Also, based on the projection assump-
       tions as described herein.
         ODR and ADR benefits are NOT subject  to  Tier  III  Escalation  (RSSL
       Section 510).
       S. 4205                            103
         The estimated increases in employer contributions shown in Table 1 are
       based upon the following projection assumptions:
         *  Level workforce (i.e., new employees are hired to replace those who
       leave active status).
         * Projected salary increases consistent with those used in projections
       presented  to  the  New  York  City  Office  of  Management  and  Budget
       ("NYCOMB") for use in the January 2015 Financial Plan ("Updated Prelimi-
       nary Projections").
         *  New  entrant  salaries  consistent  with  those used in the Updated
       Preliminary Projections.
         These "open group" projections include future new entrants  introduced
       into the census data models to project the future workforces.
         As of each future actuarial valuation date, the current "closed group"
       actuarial assumptions and valuation methodology are used.
         Under  this  methodology  only  Plan participants as of each actuarial
       valuation date are  utilized  to  determine  APVs,  employer  costs  and
       employer contributions.
         FINANCIAL IMPACT - EMPLOYER ENTRY AGE NORMAL COSTS: Employer Entry Age
       Normal Costs can provide a useful basis to compare the value of alterna-
       tive benefit programs.
         For  each  member who enters POLICE, there is a theoretical net annual
       employer cost to be paid for  such  member  while  such  member  remains
       actively employed (i.e., the Employer Entry Age Normal Cost (referred to
       hereafter as "EEANC")).
         In  addition,  such  EEANC  may be expressed as a percentage of salary
       earned over a working lifetime and referred to as the Employer Entry Age
       Normal Rate (referred to hereafter as "EEANR").
         Under the proposed legislation and based on the actuarial  assumptions
       noted  herein,  the  EEANC and EEANR of Tier III POLICE Members would be
       greater than the EEANC and EEANR for comparable Tier III POLICE  Members
       entering  at  the  same attained age and gender under the current POLICE
       provisions.
         Table 2A shows a summary of the change in EEANC for Original Tier  III
       POLICE  Members  for  entry ages 25, 30 and 35 determined as of the most
       recent date of published EEANR calculations:
                                       Table 2A
                     Comparison of Employer Entry Age Normal Rates
                            Determined as of June 30, 2012*
                    To Implement Certain ODR and ADR Provisions for
                           Original Tier III POLICE Members
                              Under Proposed Legislation
                                 and Under Current Law
                              EEANR Under Proposed Legislation**
                        Entry Age 25         Entry Age 30         Entry Age 35
        Retirement
          System      Male     Female      Male     Female      Male     Female
       POLICE        23.91%    24.74%     25.15%    26.14%     27.27%    28.46%
                              EEANR Under Current Law
       S. 4205                            104
       POLICE        20.92%    21.75%     20.73%    21.71%     20.50%    21.63%
                              Increase in EEANR Due to Proposed Legislation
       POLICE        2.99%     2.99%      4.42%     4.43%      6.77%     6.83%
       * Based on salaries paid over entire working lifetime. EEANR do not vary
       significantly  over  time,  absent  benefit  and/or actuarial assumption
       changes.
       ** EEANR determined under the terms of the revised ODR and  ADR  benefit
       provisions based on the Actuarial Assumptions and Methods as noted here-
       in  including  changes  in assumptions for ADR. ODR and ADR benefits are
       NOT subject to Tier III Escalation (RSSL Section 510).
         Table 2B shows a summary of the change in EEANC for Revised  Tier  III
       POLICE  Members  for  entry ages 25, 30 and 35 determined as of the most
       recent date of published EEANR calculations:
                                       Table 2B
                     Comparison of Employer Entry Age Normal Rates
                            Determined as of June 30, 2012*
                    To Implement Certain ODR and ADR Provisions for
                            Revised Tier III POLICE Members
                              Under Proposed Legislation
                                 and Under Current Law
                              EEANR Under Proposed Legislation**
                        Entry Age 25         Entry Age 30         Entry Age 35
        Retirement
          System      Male     Female      Male     Female      Male     Female
       POLICE        23.36%    24.17%     24.68%    25.64%     26.90%    28.07%
                              EEANR Under Current Law
       POLICE        19.91%    20.71%     19.66%    20.59%     19.38%    20.46%
                              Increase in EEANR Due to Proposed Legislation
       POLICE        3.45%     3.46%      5.02%     5.05%      7.52%     7.61%
       * Based on salaries paid over entire working lifetime. EEANR do not vary
       significantly over time,  absent  benefit  and/or  actuarial  assumption
       changes.
       **  EEANR  determined under the terms of the revised ODR and ADR benefit
       provisions based on the Actuarial Assumptions and Methods as noted here-
       in including changes in assumptions for ADR, ODR and  ADR  benefits  are
       NOT subject to Tier III Escalation (RSSL Section 510).
         OTHER COSTS: Not measured in this Fiscal Note are the following:
         * The initial, additional administrative costs of POLICE and other New
       York City agencies to implement the proposed legislation.
       S. 4205                            105
         *  The  potential  impact  if  this  proposed  legislation  were to be
       extended to other public safety employees (e.g., firefighters).
         *  The  impact  of  this  proposed legislation on Other Postemployment
       Benefit ("OPEB") costs.
         CENSUS DATA: The  starting  census  data  used  for  the  calculations
       presented  herein  are  the  census data used in the Updated Preliminary
       June 30, 2013 (Lag) actuarial valuation of POLICE used under the OYLM to
       determine the Updated Preliminary Fiscal  Year  2015  employer  contrib-
       utions.
         The census data used for the estimates of additional employer contrib-
       utions  presented  herein  are based on average salaries of new entrants
       utilized in the Updated Preliminary June 30, 2013 (Lag) actuarial  valu-
       ations  used  to determine Updated Preliminary Fiscal Year 2015 employer
       contributions of POLICE.
         The 3,601 Original Tier III POLICE Members as of June 30, 2013 had  an
       average  age  of  approximately 28, average service of approximately 2.2
       years and an average salary of approximately $63,000.
         The 1,916 Revised Tier III POLICE Members as of June 30, 2013  had  an
       average  age  of  approximately 27, average service of approximately 0.6
       years and an average salary of approximately $55,000.
         Overall, the 5,517 Tier III POLICE Members as of June 30, 2013 had  an
       average  age  of  approximately 28, average service of approximately 1.7
       years, and an average salary of approximately $60,000.
         ACTUARIAL ASSUMPTIONS AND METHODS: The  additional  employer  contrib-
       utions  presented  herein  have  been  calculated based on the actuarial
       assumptions and methods in effect for the June 30, 2013 (Lag)  actuarial
       valuations  used  to  determine  Updated  Preliminary  Fiscal  Year 2015
       employer contributions of POLICE and adjusted for revised ADR  eligibil-
       ity provisions.
         The  probabilities  of  accidental disability used for Tier III POLICE
       Members in the event statutory presumptions were to  apply  equal  those
       currently used for Tier I and Tier II POLICE Members.
         The  actuarial valuation methodology does not include a calculation of
       the value of an offset for Workers' Compensation benefits as it  is  the
       understanding of the Actuary that POLICE Members are not covered by such
       benefits.
         To  the  extent  that the enactment of this proposed legislation would
       cause a greater (lesser) number of Tier III POLICE Members to be reclas-
       sified from Ordinary Disability to Accidental Disability Retirement,  or
       to  the extent that Tier III POLICE Members who would not otherwise ever
       choose to apply and then receive an Ordinary Disability Retirement bene-
       fit or an Accidental Disability Retirement benefit, then the  additional
       APVB and employer contributions shown herein would be greater (lesser).
         Employer  contributions  under current methodology have been estimated
       assuming the additional APVB would be  financed  through  future  normal
       contributions  including an amortization of the new UAAL attributable to
       this proposed legislation over a 15-year period (14 payments  under  the
       OYLM Methodology).
         New  entrants  into  Tier III POLICE Members were projected to replace
       the POLICE members expected to leave the active population to maintain a
       steady-state population.
         The following Table 3 presents the total number of active employees of
       POLICE used in the projections, assuming a level  work  force,  and  the
       cumulative number (i.e., net of withdrawals) of Revised Tier III Members
       as of each June 30 from 2013 through 2017.
       S. 4205                            106
                                        Table 3
                    Surviving Actives from Census on June 30, 2013
                                          and
               Cumulative New Revised Tier III POLICE Members from 2013
                                Used in the Projections*
                                     Original        Revised
       June 30        Tier I&II      Tier III       Tier III        Total
        2013           29,258         3,601           1,916         34,775
        2014           26,784         3,500           4,491         34,775
        2015           24,565         3,406           6,804         34,775
        2016           22,571         3,314           8,890         34,775
        2017           20,937         3,225          10,613         34,775
         *    Total  active  members included in the projections assume a level
       work force based on the June 30, 2013 (Lag) actuarial  valuation  census
       data.  Assumes presumptions apply to Tier III POLICE members.
         For  purposes  of estimating the impact of the Tier III Escalation for
       retired Tier III POLICE Members, consistent with an underlying  Consumer
       Price Inflation ("CPI") assumption of 2.5% per year, Tier III Escalation
       of 2.5% per year has been assumed.
         This  compares  with  the current Chapter 125 of the Laws of 2000 COLA
       assumption of 1.5% per year (i.e., 50% of CPI adjusted to recognize 1.0%
       minimum and 3.0% maximum) on the first $18,000 of benefit.
         For Variable Supplements Fund ("VSF") benefits, it  has  been  assumed
       that  retroactive  lump  sum  payments of VSF ("DROP payments") would be
       payable from the completion of 20 years of service.
         ECONOMIC VALUES OF BENEFITS: The actuarial assumptions used to  deter-
       mine  the financial impact of the proposed legislation discussed in this
       Fiscal Note are those appropriate for budgetary models  and  determining
       annual employer contributions to POLICE.
         However, the economic assumptions (current and proposed) that are used
       for  determining  employer  contributions  do not develop risk-adjusted,
       economic values of benefits.  Such  risk-adjusted,  economic  values  of
       benefits  would  likely differ significantly from those developed by the
       budgetary models.
         STATEMENT OF ACTUARIAL OPINION: I, Robert C. North, Jr., am the Acting
       Chief Actuary for the New York City Retirement Systems. I am a Fellow of
       the Society of Actuaries and a Member of the American Academy of Actuar-
       ies. I meet the Qualification Standards of the American Academy of Actu-
       aries to render the actuarial opinion contained herein.
         FISCAL NOTE IDENTIFICATION: This estimate is  intended  for  use  only
       during  the  2015  Legislative Session. It is Fiscal Note 2015-02, dated
       January 30, 2015 prepared by the Acting Chief Actuary of  the  New  York
       City Retirement Systems.
         FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
         In  response  to  your  request  received by the Office of the Actuary
       ("OA") on January 15, 2015, enclosed is a  Fiscal  Note  presenting  the
       estimated   financial   impact   if   proposed  legislation  similar  to
       A9975/S7736 which was introduced during the 2014 Legislative Session  is
       enacted into law during the 2015 Legislative Session.
         BACKGROUND - DESIGN OF PROPOSED LEGISLATION
         In general, the OA believes that proposed legislation should:
         * Be technically accurate,
         * Be clear in its intent,
         * Be administrable, and
       S. 4205                            107
         * Meet desired policy objectives.
         While  the  OA  cannot  provide  any legal analysis, the OA has done a
       review of the proposed legislation and has some concerns. These concerns
       that follow represent the best understanding of the Actuary and staff of
       the OA and should not be considered legal interpretations. All of  these
       concerns and suggestions should be reviewed by Counsel.
         Unless  otherwise noted, for purposes of this letter the term Tier III
       FIRE Members refers to members of the New York Fire  Department  Pension
       Fund  ("FIRE")  who  have a date of membership on or after April 1, 2012
       and the one Tier III member of FIRE who has a date of membership  on  or
       after July 1, 2009 and prior to April 1, 2012.
          CONCERNS WITH PROPOSED LEGISLATION WITH RESPECT TO ORDINARY DISABILI-
       TY RETIREMENT ("ODR") AND ACCIDENTAL DISABILITY RETIREMENT ("ADR")
         *  Benefits Compared to Tier II: The proposed legislation, if enacted,
       would revise the ODR and ADR benefit formulas for Tier III FIRE Members.
         It appears that the proposed Tier III ODR benefit formula is  intended
       to  be  the  same  as  the ODR benefit available to Tier II FIRE Members
       (i.e., 1/40 of Final Average Salary ("FAS") multiplied by the  years  of
       service,  but  not less than (1) one-half of FAS if the years of service
       are 10 or more or (2) one-third of FAS if the years of service are  less
       than  10)  where  the  FAS for Tier III FIRE Members would be based on a
       one-year FAS, the same as for Tier II.
         Similarly, it also appears that the proposed ADR benefit  formula  for
       Tier  III  FIRE  Members  is  intended to be the same as the ADR benefit
       available to Tier II FIRE Members (i.e., 75%  of  Final  Average  Salary
       ("FAS")),  where  the  FAS for Tier III FIRE Members would be based on a
       one-year FAS, the same as for Tier II.
         Note: Tier II FIRE Members are also entitled to an additional 1/60  of
       total earnings after their 20th anniversary. Given the proposed statuto-
       ry  references  it is the understanding of the Actuary that the Tier III
       FIRE Members impacted by the proposed legislation would not receive this
       additional 1/60 of total earnings after 20 years of service.
         FIRE Tier II ODR  and  ADR  benefits  are  subject  to  Cost-of-Living
       Adjustments  ("COLA") under Chapter 125 of the Laws of 2000 on the first
       $18,000 of benefit after five years of Disability Retirement.
         Given the proposed statutory references, it is  the  understanding  of
       the  Actuary  that  the  proposed ODR and ADR benefits for Tier III FIRE
       Members would be entitled to the COLA described in the  preceding  para-
       graph,  but  would  NOT  be  subject  to  an  annual Tier III Escalation
       increase on the full benefit immediately from  the  date  of  Disability
       Retirement.
         * Reference to ITHP: The proposed legislation, in defining the revised
       ODR and ADR benefits, uses the term Increased-Take-Home-Pay ("ITHP").
         ITHP  is  a special benefit provided to Tier I and Tier II members and
       is not defined for Tier III members.
         Given the history that no Tier III Members  have  ever  received  ITHP
       benefits,  the Actuary has assumed that if the proposed legislation were
       enacted, Tier III FIRE Members would not be entitled to ITHP.
         * Annuitization of  Member  Contributions:  The  proposed  legislation
       would  include  in  the  ODR  and ADR benefit formulas for Tier III FIRE
       Members, a benefit in the form of an  annuity  equal  to  the  actuarial
       equivalent  of  the accumulated Tier III member contributions at retire-
       ment.
         Annuitized benefits based directly on member contributions are  avail-
       able  to  Tier  II FIRE Members. However, it is the understanding of the
       S. 4205                            108
       Actuary that no current Tier III Member has any benefit which is defined
       as an annuitization of accumulated member contributions.
         *  General  Plan  Design: From an administrative and design viewpoint,
       the Actuary would suggest that consideration be given  to  incorporating
       enhanced  ODR  and ADR benefit eligibilities and benefit formulas within
       Retirement and Social Security Law ("RSSL") Article 14, using only Arti-
       cle 14 terminology and structure to achieve  the  desired  ODR  and  ADR
       benefit eligibilities and benefit levels.
         *  Name:  The  official  name of the Pension Fund is the New York Fire
       Department Pension Fund.
         * Presumptive Conditions for ADR
         It is the understanding of the Actuary that the proposed  legislation,
       if enacted, would provide Tier III FIRE Members the ability to be eligi-
       ble  for  and to utilize the presumptive conditions that qualify for ADR
       that are available to Tier I and Tier II FIRE Members.
         The reasoning behind this understanding is that in the proposed legis-
       lation eligibility conditions for Tier III FIRE members for ODR would be
       determined pursuant to the Administrative Code of the City of  New  York
       ("ACNY")  Sections  13-316, 13-352 and 13-357 (i.e., those that apply to
       Tier I and Tier  II  FIRE  Members),  notwithstanding  anything  to  the
       contrary.
         Similarly,  in  the  proposed  legislation, eligibility conditions for
       Tier III FIRE Members for ADR would be determined pursuant to  the  ACNY
       Sections 13-316, 13-353 and 13-357 (i.e., those that apply to Tier I and
       Tier II FIRE Members), notwithstanding anything to the contrary.
         It  is  the  understanding  of the Actuary that in the proposed legis-
       lation, eligibility for ODR and  ADR  would  not  be  pursuant  to  RSSL
       Section  507.e.   RSSL Section 507.e provides that a member shall not be
       eligible for ODR or ADR unless the member waives  the  benefits  of  any
       statutory  presumptions.  Accordingly,  it  is  the understanding of the
       Actuary that since under the proposed  legislation  RSSL  Section  507.e
       would  no  longer  apply to Tier III FIRE Members, Tier III FIRE Members
       would not be required to waive RSSL Section 507.e in order to be  eligi-
       ble  for  ODR  or ADR benefits. Consequently, the statutory presumptions
       would apply since they have not been waived.
         In accordance with the above reasoning, since current  Tier  III  FIRE
       Members  are required to waive the presumptions pursuant to RSSL Section
       507.e, it is the understanding of the Actuary that Tier III FIRE Members
       are currently not entitled to presumptive conditions for ADR.
         * Consistency Amongst Uniformed Groups
         This proposed legislation would cover members of FIRE but not  members
       of  the  New  York  City  Police  Pension  Fund  ("POLICE") or any other
       uniformed groups. Given the historical consistency in  benefits  amongst
       certain uniformed groups, this proposed legislation would likely lead to
       demands  for  similar  legislation  for  at  least  some other uniformed
       groups.
         PROVISIONS OF PROPOSED LEGISLATION: This  proposed  legislation  would
       amend  Retirement  and  Social  Security Law ("RSSL") Sections 506, 507,
       510, 511 and 512 and amend Administrative Code of the City of  New  York
       ("ACNY")  Section  13-357  to  change,  for members of the New York Fire
       Department Pension Fund ("FIRE") subject to Article 14 of the RSSL,  the
       eligibility  for  and  the calculation of Ordinary Disability Retirement
       ("ODR") benefits and Accidental Disability Retirement ("ADR") benefits.
         Unless otherwise noted, for purposes of this Fiscal Note the term Tier
       III FIRE members refers to members  of  the  New  York  Fire  Department
       Pension  Fund ("FIRE") who have a date of membership on or after July 1,
       S. 4205                            109
       2009. Note: Although referred to herein as Tier III members,  it  should
       be  noted that members who join FIRE on or after April 1, 2012 are often
       referred to as Tier VI members or Revised Tier III members.  Also  Note:
       There  is  only one Tier III member of FIRE who has a date of membership
       on or after July 1, 2009 and prior to April 1, 2012.
         The Effective Date of the proposed legislation would be the  60th  day
       after the date of enactment.
         IMPACT ON ODR BENEFITS PAYABLE: The current eligibility provisions for
       ODR benefits for Tier III FIRE Members are based on:
         * Completing five or more years of service, and
         *  Becoming eligible for Primary Social Security Disability retirement
       benefits.
         Such ODR benefits are equal to the greater of:
         * 33 1/3% of Five-Year Final Average Salary ("FAS"), or
         * 2% of FAS multiplied by years of credited service (not in excess  of
       22 years),
         *  Reduced  by  50% of the Primary Social Security Disability benefits
       (determined under RSSL Section 511), and
         * Reduced by 100% of Workers' Compensation benefits (if any).
         It is the understanding of the  Actuary  that  FIRE  Members  are  not
       covered by Workers' Compensation.
         Under  the  proposed  legislation the eligibility requirements for ODR
       benefits for Tier III FIRE Members would be revised to be  the  same  as
       those  provided  in  ACNY  Sections 13-316, 13-352 and 13-357 (i.e., the
       provisions applicable to Tier I and Tier II FIRE members).
         In particular, completing five or more years of service would  not  be
       required in order to be eligible for ODR benefits. In other words, there
       would  not  be  any  requirement for any minimum length of service to be
       completed in order to be eligible for ODR benefits.
         Under the proposed legislation, if enacted, the ODR benefit  for  Tier
       III FIRE Members would be an allowance consisting of:
         * An actuarial equivalent annuity of accumulated member contributions,
       plus
         *  A  pension,  which together with the annuity, equal to 1/40 of One-
       Year Final Average Salary  ("FAS1")  multiplied  by  years  of  credited
       service, but not less than:
         ** 1/2 of FAS1, if years of credited service are greater than or equal
       to 10 years, or
         ** 1/3 of FAS1, if years of credited service are less than 10 years.
         Note:  The  proposed legislation also states that one component of the
       ODR benefit would be the actuarial equivalent annuity of  an  Increased-
       Take-Home-Pay ("ITHP") reserve. This theoretical benefit is not included
       in  this Fiscal Note analysis since it is the understanding of the Actu-
       ary that ITHP is not available to Tier III members generally and is  not
       specifically defined in the proposed legislation.
         In  addition,  the proposed legislation would NOT apply the Escalation
       available under RSSL Section 510 to  ODR  benefits  for  Tier  III  FIRE
       Members. However, such ODR benefits would still be eligible for Cost-of-
       Living Adjustments ("COLA") under Chapter 125 of the Laws of 2000.
         IMPACT ON ADR BENEFITS PAYABLE: The current eligibility provisions for
       ADR benefits for Tier III FIRE Members are based on satisfying either:
         *  Being  eligible  for Social Security Disability retirement benefits
       and having become disabled due to an accident sustained in the  line  of
       duty, or
       S. 4205                            110
         *  Being  physically or mentally incapacitated as a result of an acci-
       dent sustained in the line of duty  as  determined  by  the  appropriate
       administrative authority assigned by FIRE.
         As  a  consequence of RSSL Section 507.e, a Tier III FIRE Member would
       not be eligible for ADR unless the member waived  the  benefits  of  any
       statutory presumptions (e.g., certain heart diseases).
         Such  ADR benefits are calculated using a formula of 50% multiplied by
       FAS less 50% of Primary Social Security disability  benefit  (determined
       under  RSSL Section 511) and less 100% of Workers' Compensation benefits
       (if any).
         Note: It is the understanding of the Actuary that FIRE Members are not
       covered by Workers' Compensation.
         Under the proposed legislation the eligibility  requirements  for  ADR
       benefits  for  Tier  III FIRE Members would be revised to be the same as
       those provided in ACNY Sections 13-316, 13-353  and  13-357  (i.e.,  the
       provisions applicable to Tier I and Tier II FIRE Members).
         In  addition, it is the understanding of the Actuary that the proposed
       legislation, if enacted, would provide that Tier III FIRE Members  could
       be  eligible  for  and utilize the statutory presumptions (e.g., certain
       heart diseases) that qualify certain Tier I and Tier II Fire Members for
       ADR.
         Under the proposed legislation, if enacted, the ADR benefit  for  Tier
       III  FIRE Members would be revised to equal a retirement allowance equal
       to the sum of:
         * An actuarial equivalent annuity of accumulated member contributions,
       plus
         * 75% multiplied by FAS1.
         Note: The proposed legislation also states that one component  of  the
       ADR  benefit  would be the actuarial equivalent annuity of an Increased-
       Take-Home-Pay ("ITHP") reserve. This theoretical benefit is not included
       in this Fiscal Note analysis since it is the understanding of the  Actu-
       ary  that ITHP is not available to Tier III members generally and is not
       specifically defined in the proposed legislation.
         Also note, it is the understanding of the Actuary that  the  Tier  III
       FIRE  Members impacted by the proposed legislation would not receive any
       additional 1/60 of annual earnings after 20 years of service.
         In addition, the proposed legislation would NOT apply  the  Escalation
       available  under  RSSL  Section  510  to  ADR benefits for Tier III FIRE
       Members. However, such ADR benefits would still be eligible for Cost-of-
       Living Adjustments ("COLA") under Chapter 125 of the Laws of 2000.
         FINANCIAL IMPACT - CHANGES IN BENEFITS  -  ACTUARIAL  PRESENT  VALUES.
       Based on the census data and the actuarial assumptions and methods noted
       herein,  if  the Effective Date is on or before June 30, 2015, then this
       would change the Actuarial Present Value ("APV") of  benefits  ("APVB"),
       APV  of  member  contributions, the Unfunded Actuarial Accrued Liability
       ("UAAL") and APV of future employer contributions as of  June  30,  2013
       for Tier III FIRE Members.
         FINANCIAL  IMPACT  -  CHANGES  IN  PROJECTED  APV  OF  FUTURE EMPLOYER
       CONTRIBUTIONS AND PROJECTED EMPLOYER CONTRIBUTIONS: For purposes of this
       Fiscal Note, it is assumed that the  changes  in  APVB,  APV  of  member
       contributions,  UAAL  and  APV of future employer contributions would be
       reflected for the first time in the June 30, 2013 actuarial valuation of
       FIRE.
         Under the One-Year Lag  Methodology  ("OYLM"),  the  first  year  that
       changes  in  benefits  for  Tier  III FIRE Members could impact employer
       contributions to FIRE would be Fiscal Year 2015.
       S. 4205                            111
         In accordance with ACNY Section 13.638.2(k-2), new  UAAL  attributable
       to  benefit changes are to be amortized as determined by the Actuary but
       generally over the remaining working lifetime of those impacted  by  the
       benefit  changes. As of June 30, 2013, the remaining working lifetime of
       the  Tier  III  FIRE Members is approximately 24 years. Recognizing that
       this period will decrease over time as the group  of  Tier  III  Members
       matures,  the  Actuary  would  likely  choose  to  amortize the new UAAL
       attributable to this proposed legislation  over  a  15-year  to  20-year
       period (between 14 and 19 payments under the OYLM Methodology). However,
       since  virtually all of the Tier III FIRE members that would be impacted
       by the benefit changes are new entrants, the resulting UAAL would be  de
       minimis and therefore the amortization period used for the UAAL has very
       little impact on the final results.
         The following Table 1 presents an estimate of the increases due to the
       changes  in  ODR and ADR provisions for Tier III FIRE Members in the APV
       of future employer contributions and in employer contributions  to  FIRE
       for  Fiscal Years 2015 through 2019 that would occur based on the appli-
       cable actuarial assumptions and methods noted herein:
                                        Table 1
                          Estimated Financial Impact on FIRE
                           If Certain Revisions are Made to
                          Provisions for ODR and ADR Benefits
                              for Tier III FIRE Members*
                                     ($ Millions)
                                 Increase in APV of         Increase in Employer
       Fiscal Year           Future Employer Contributions    Contributions
          2015                         $15.7                         $1.9
          2016                          67.7                          8.0
          2017                         119.6                         13.4
          2018                         172.7                         18.3
          2019                         227.0                         23.0
       * Based on actuarial assumptions and methods set forth in the Actuarial
       Assumptions and Method section. Also, based on the projection assumptions
       as described herein.
         ODR and ADR benefits are NOT subject  to  Tier  III  Escalation  (RSSL
       Section 510).
         The estimated increases in employer contributions shown in Table 1 are
       based upon the following projection assumptions:
         *  Level workforce (i.e., new employees are hired to replace those who
       leave active status).
         * Projected salary increases consistent with those used in projections
       presented  to  the  New  York  City  Office  of  Management  and  Budget
       ("NYCOMB")  for  use  in  the  January 2015 Financial Plan ("Preliminary
       Projections").
         * New entrant salaries consistent  with  those  used  in  the  Updated
       Preliminary Projections.
         These  "open group" projections include future new entrants introduced
       into the census data models to project the future workforces.
         As of each future actuarial valuation date, the current "closed group"
       actuarial assumptions and valuation methodology are used.
       S. 4205                            112
         Under this methodology only Plan participants  as  of  each  actuarial
       valuation  date  are  utilized  to  determine  APVs,  employer costs and
       employer contributions.
         FINANCIAL IMPACT - EMPLOYER ENTRY AGE NORMAL COSTS: Employer Entry Age
       Normal Costs can provide a useful basis to compare the value of alterna-
       tive benefit programs.
         For  each  member  who  enters FIRE, there is a theoretical net annual
       employer cost to be paid for  such  member  while  such  member  remains
       actively employed (i.e., the Employer Entry Age Normal Cost ("EEANC")).
         In  addition,  such  EEANC  may be expressed as a percentage of salary
       earned over a working lifetime and referred to as the Employer Entry Age
       Normal Rate ("EEANR").
         Under the proposed legislation and based on the actuarial  assumptions
       noted  herein,  the  EEANC  and  EEANR of Tier III Fire Members would be
       greater than the EEANC and EEANR for comparable Tier  III  FIRE  Members
       entering  at  the  same  attained  age and gender under the current FIRE
       provisions.
         Table 2 shows a summary of the change  in  EEANR  for  Tier  III  FIRE
       Members  who  have  a  date  of membership on or after April 1, 2012 for
       entry ages 25, 30 and 35 with a starting salary of  $45,000,  determined
       as of the most recent date of published EEANR calculations:
                                        Table 2
                     Comparison of Employer Entry Age Normal Rates
                            Determined as of June 30, 2012*
                    To Implement Certain ODR and ADR Provisions for
        Tier III FIRE Members with a Membership Date on or After April 1, 2012
                              Under Proposed Legislation
                                          and
                                   Under Current Law
                          EEANR Under Proposed Legislation**
                        Entry Age 25        Entry Age 30        Entry Age 35
       Retirement
       System          Male     Female     Male     Female     Male     Female
       FIRE            21.92%   22.50%     27.31%   28.01%     34.55%   35.31%
                                EEANR Under Current Law
       FIRE            15.94%   16.51%     18.99%   19.68%     21.78%   22.51%
                     Increase In EEANR Due to Proposed Legislation
       FIRE            5.98%    5.99%      8.32%    8.33%      12.77%   12.80%
         * Based on salaries paid over entire working lifetime. EEANR do not var
       significantly over time, absent benefit and/or actuarial assumption
       changes.
         ** EEANR determined under the terms of the revised ODR and ADR benefit
       provisions based on the Actuarial Assumptions and Methods as noted herein
       including changes in assumptions for ADR, ODR and ADR benefits are
       NOT subject to Tier III Escalation (RSSL Section 510).
         OTHER COSTS: Not measured in this Fiscal Note are the following:
       S. 4205                            113
         *  The  initial, additional administrative costs of FIRE and other New
       York City agencies to implement the proposed legislation.
         *  The  potential  impact  if  this  proposed  legislation  were to be
       extended to other public safety employees.
         * The impact of this  proposed  legislation  on  Other  Postemployment
       Benefit ("OPEB") costs.
         CENSUS  DATA:  The  starting  census  data  use  for  the calculations
       presented herein are the census data used  in  the  Updated  Preliminary
       June  30,  2013  (Lag) actuarial valuation of FIRE used to determine the
       Updated Preliminary Fiscal Year 2015 employer contributions.
         The census data used for the estimates of additional employer contrib-
       utions presented herein are based on average salaries  of  new  entrants
       utilized  in the Updated Preliminary June 30, 2013 (Lag) actuarial valu-
       ations used to determine Updated Preliminary Fiscal Year  2015  employer
       contributions of FIRE.
         The  169  Tier III FIRE Members as of June 30, 2013 (including the one
       Tier III member who has a date of membership prior to April 1, 2012) had
       an average age of approximately 27, average service of approximately 0.5
       years and an average salary of approximately $48,200.
         ACTUARIAL ASSUMPTIONS AND METHODS: The  additional  employer  contrib-
       utions  presented  herein  have  been  calculated based on the actuarial
       assumptions and methods in effect for the June 30, 2013 (Lag)  actuarial
       valuations  used  to  determine  Updated  Preliminary  Fiscal  Year 2015
       employer contributions of FIRE and adjusted for revised ADR  eligibility
       provisions.
         The  probabilities  of  accidental  disability  used for Tier III FIRE
       Members in the event statutory presumptions were to  apply  equal  those
       currently used for Tier I and Tier II FIRE Members.
         The  actuarial valuation methodology does not include a calculation of
       the value of an offset for Workers' Compensation benefits as it  is  the
       understanding  of  the Actuary that FIRE members are not covered by such
       benefits.
         To the extent that the enactment of this  proposed  legislation  would
       cause a greater (lesser) number of Tier III FIRE Members to be reclassi-
       fied from Ordinary Disability to Accidental Disability Retirement, or to
       the  extent  that  Tier  III  FIRE  Members who would not otherwise ever
       choose to apply and then receive an Ordinary Disability Retirement bene-
       fit or an Accidental Disability Retirement benefit, then the  additional
       APVB and employer contributions shown herein would be greater (lesser).
         Employer  contributions  under current methodology have been estimated
       assuming the additional APVB would be  financed  through  future  normal
       contributions  including an amortization of the new UAAL attributable to
       this proposed legislation over a 15-year period (14 payments  under  the
       OYLM Methodology).
         New  entrants into Tier III FIRE Members were projected to replace the
       FIRE members expected to leave  the  active  population  to  maintain  a
       steady-state population.
         The following Table 3 presents the total number of active employees of
       FIRE used in the projections, assuming a level work force, and the cumu-
       lative  number (i.e., net of withdrawals) of Tier III Members as of each
       June 30 from 2013 through 2017.
                                        Table 3
                    Surviving Actives from Census on June 30, 2013
                                          and
       S. 4205                            114
                    Cumulative New Tier III FIRE Members from 2013
                               Used in the Projections*
       June 30        Tier I & II         Tier III           Total
       2013           10,013              169                10,182
       2014           9,486               696                10,182
       2015           8,988               1,194              10,182
       2016           8,509               1,673              10,182
       2017           8,055               2,127              10,182
         * Total active members included in the projections assume a level work
       force  based on the June 30, 2013 (Lag) actuarial valuation census data.
       Assumes presumptions apply to Tier III FIRE members.
         For purposes of estimating the impact of the Tier III  Escalation  for
       retired  Tier  III  FIRE Members, consistent with an underlying Consumer
       Price Inflation ("CPI") assumption of 2.5% per year, Tier III Escalation
       of 2.5% per year has been assumed.
         This compares with the current Chapter 125 of the Laws  of  2000  COLA
       assumption of 1.5% per year (i.e., 50% of CPI adjusted to recognize 1.0%
       minimum and 3.0% maximum) on the first $18,000 of benefit.
         For  Variable  Supplements  Fund ("VSF") benefits, it has been assumed
       that retroactive lump sum payments of VSF  ("DROP  payments")  would  be
       payable from the completion of 20 years of service.
         ECONOMIC  VALUES OF BENEFITS: The actuarial assumptions used to deter-
       mine the financial impact of the proposed legislation discussed in  this
       Fiscal  Note  are those appropriate for budgetary models and determining
       annual employer contributions to FIRE.
         However, the economic assumptions (current and proposed) that are used
       for determining employer contributions  do  not  develop  risk-adjusted,
       economic  values  of  benefits.  Such  risk-adjusted, economic values of
       benefits would likely differ significantly from those developed  be  the
       budgetary models.
         STATEMENT  OF ACTUARIAL OPINION: I, Robert C. North Jr., am the Acting
       Chief Actuary for the New York City Retirement Systems. I am a Fellow of
       the Society of Actuaries and a Member of the American Academy of Actuar-
       ies. I meet the Qualification Standards of the American Academy of Actu-
       aries to render the actuarial opinion contained herein.
         FISCAL NOTE IDENTIFICATION: This estimate is  intended  for  use  only
       during  the  2015  Legislative Session. It is Fiscal Note 2015-03, dated
       January 30, 2015 prepared by the Acting Chief Actuary of  the  New  York
       Fire Department Pension Fund.
         FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
         BACKGROUND - DESIGN OF PROPOSED LEGISLATION
         In general, the OA believes that proposed legislation should:
         * Be technically accurate,
         * Be clear in its intent,
         * Be administrable, and
         * Meet desired policy objectives.
         While  the  OA  cannot  provide  any legal analysis, the OA has done a
       review of the proposed legislation and has some concerns. These concerns
       that follow represent the best understanding of the Actuary and staff of
       the OA and should not be considered legal interpretations. All of  these
       concerns and suggestions should be reviewed by Counsel.
         Unless  otherwise noted, for purposes of this letter the term Tier III
       FIRE Members refers to members of the New York Fire  Department  Pension
       S. 4205                            115
       Fund  ("FIRE")  who  have a date of membership on or after April 1, 2012
       and the one Tier III member of FIRE who has a date of membership  on  or
       after July 1, 2009 and prior to April 1, 2012.
         CONCERNS WITH PROPOSED LEGISLATION WITH RESPECT TO ORDINARY DISABILITY
       RETIREMENT ("ODR") AND ACCIDENTAL DISABILITY RETIREMENT ("ADR")
         *  Benefits Compared to Tier II: The proposed legislation, if enacted,
       would revise the ODR and ADR benefit formulas for Tier III FIRE Members.
         It appears that the proposed Tier III ODR benefit formula is  intended
       to  be  the  same  as  the ODR benefit available to Tier II FIRE Members
       (i.e., 1/40 of Final Average Salary ("FAS") multiplied by the  years  of
       service,  but  not less than (1) one-half of FAS if the years of service
       are 10 or more or (2) one-third of FAS if the years of service are  less
       than  10)  where  the  FAS for Tier III FIRE Members would be based on a
       one-year FAS, the same as for Tier II.
         Similarly, it also appears that the proposed ADR benefit  formula  for
       Tier  III  FIRE  Members  is  intended to be the same as the ADR benefit
       available to Tier II FIRE Members (i.e., 75%  of  Final  Average  Salary
       ("FAS")),  where  the  FAS for Tier III FIRE Members would be based on a
       one-year FAS, the same as for Tier II.
         Note: Tier II FIRE Members are also entitled to an additional 1/60  of
       total earnings after their 20th anniversary. Given the proposed statuto-
       ry  references  it is the understanding of the Actuary that the Tier III
       FIRE Members impacted by the proposed legislation would not receive this
       additional 1/60 of total earnings after 20 years of service.
         FIRE Tier II ODR  and  ADR  benefits  are  subject  to  Cost-of-Living
       Adjustments  ("COLA") under Chapter 125 of the Laws of 2000 on the first
       $18,000 of benefit after five years of Disability Retirement.
         Given the proposed statutory references, it is  the  understanding  of
       the  Actuary  that  the  proposed ODR and ADR benefits for Tier III FIRE
       Members would be entitled to the COLA described in the  preceding  para-
       graph,  but  would  NOT  be  subject  to  an  annual Tier III Escalation
       increase on the full benefit immediately from  the  date  of  Disability
       Retirement.
         * Reference to ITHP: The proposed legislation, in defining the revised
       ODR and ADR benefits, uses the term Increased-Take-Home-Pay ("ITHP").
         ITHP  is  a special benefit provided to Tier I and Tier II members and
       is not defined for Tier III members.
         Given the history that no Tier III Members  have  ever  received  ITHP
       benefits,  the Actuary has assumed that if the proposed legislation were
       enacted, Tier III FIRE Members would not be entitled to ITHP.
         * Annuitization of  Member  Contributions:  The  proposed  legislation
       would  include  in  the  ODR  and ADR benefit formulas for Tier III FIRE
       Members, a benefit in the form of an  annuity  equal  to  the  actuarial
       equivalent  of  the accumulated Tier III member contributions at retire-
       ment.
         Annuitized benefits based directly on member contributions are  avail-
       able  to  Tier  II FIRE Members. However, it is the understanding of the
       Actuary that no current Tier III Member has any benefit which is defined
       as an annuitization of accumulated member contributions.
         * General Plan Design: From an administrative  and  design  viewpoint,
       the  Actuary  would suggest that consideration be given to incorporating
       enhanced ODR and ADR benefit eligibilities and benefit  formulas  within
       Retirement and Social Security Law ("RSSL") Article 14, using only Arti-
       cle  14  terminology  and  structure  to achieve the desired ODR and ADR
       benefit eligibilities and benefit levels.
       S. 4205                            116
         * Name: The official name of the Pension Fund is  the  New  York  Fire
       Department Pension Fund.
         * Presumptive Conditions for ADR
         It  is the understanding of the Actuary that the proposed legislation,
       if enacted, would provide Tier III FIRE Members the ability to be eligi-
       ble for and to utilize the presumptive conditions that qualify  for  ADR
       that are available to Tier I and Tier II FIRE Members.
         The reasoning behind this understanding is that in the proposed legis-
       lation,  eligibility  conditions for Tier III FIRE members for ODR would
       be determined pursuant to the Administrative Code of  the  City  of  New
       York ("ACNY") Sections 13-316, 13-352 and 13-357 (i.e., those that apply
       to  Tier  I  and  Tier II FIRE Members), notwithstanding anything to the
       contrary.
         Similarly, in the proposed  legislation,  eligibility  conditions  for
       Tier III FIRE Members for ADR would be determined pursuant to the Admin-
       istrative  Code of the City of New York ("ACNY") Sections 13-316, 13-353
       and 13-357 (i.e., those that apply to Tier I and Tier II FIRE  Members),
       notwithstanding anything to the contrary.
         It  is  the  understanding  of the Actuary that in the proposed legis-
       lation, eligibility for ODR and  ADR  would  not  be  pursuant  to  RSSL
       Section  507.e.   RSSL Section 507.e provides that a member shall not be
       eligible for ODR or ADR unless the member waives  the  benefits  of  any
       statutory  presumptions.  Accordingly,  it  is  the understanding of the
       Actuary that since under the proposed  legislation  RSSL  Section  507.e
       would  no  longer  apply to Tier III FIRE Members, Tier III FIRE Members
       would not be required to waive RSSL Section 507.e in order to be  eligi-
       ble  for  ODR  or ADR benefits. Consequently, the statutory presumptions
       would apply since they have not been waived.
         In accordance with the above reasoning, since current  Tier  III  FIRE
       Members  are required to waive the presumptions pursuant to RSSL Section
       507.e, it is the understanding of the Actuary that Tier III FIRE Members
       are currently not entitled to presumptive conditions for ADR.
         * Consistency Amongst Uniformed Groups
         This proposed legislation would cover members of FIRE but not  members
       of  the  New  York  City  Police  Pension  Fund  ("POLICE") or any other
       uniformed groups. Given the historical consistency in  benefits  amongst
       certain uniformed groups, this proposed legislation would likely lead to
       demands  for  similar  legislation  for  at  least  some other uniformed
       groups.
         FISCAL NOTE: PROVISIONS OF PROPOSED LEGISLATION: This proposed  legis-
       lation  would amend Retirement and Social Security Law ("RSSL") Sections
       506, 507, 510, 511 and 512 and amend Administrative Code of the City  of
       New  York ("ACNY") Section 13-357 to change, for members of the New York
       Fire Department Pension Fund ("FIRE") subject to Article 14 of the RSSL,
       the eligibility for and the calculation of Ordinary  Disability  Retire-
       ment ("ODR") benefits and Accidental Disability Retirement ("ADR") bene-
       fits.
         The  proposed  legislation  would also amend ACNY Section 13-353.1 and
       General Municipal Law ("GML") Sections 207-k, 207-kk, 207-p and 207-q to
       change the eligibility requirements for  Medical  Officers  of  FIRE  to
       utilize the statutory presumptions that qualify FIRE members for ADR.
         Unless otherwise noted, for purposes of this Fiscal Note the term Tier
       III  FIRE  members  refers  to  members  of the New York Fire Department
       Pension Fund ("FIRE") who have a date of membership on or after July  1,
       2009.  Note:  Although referred to herein as Tier III members, it should
       be noted that members who join FIRE on or after April 1, 2012 are  often
       S. 4205                            117
       referred  to  as Tier VI members or Revised Tier III members. Also Note:
       There is only one Tier III member of FIRE who has a date  of  membership
       on or after July 1, 2009 and prior to April 1, 2012.
         The  Effective  Date of the proposed legislation would be the 60th day
       after the date of enactment.
         IMPACT ON ODR BENEFITS PAYABLE: The current eligibility provisions for
       ODR benefits for Tier III FIRE Members are based on:
         * Completing five or more years of service, and
         * Becoming eligible for Primary Social Security Disability  retirement
       benefits.
         Such ODR benefits are equal to the greater of:
         * 33 1/3% of Five-Year Final Average Salary ("FAS"), or
         *  2% of FAS multiplied by years of credited service (not in excess of
       22 years),
         * Reduced by 50% of the Primary Social  Security  Disability  benefits
       (determined under RSSL Section 511), and
         * Reduced by 100% of Workers' Compensation benefits (if any).
         It  is  the  understanding  of  the  Actuary that FIRE Members are not
       covered by Workers' Compensation.
         Under the proposed legislation the eligibility  requirements  for  ODR
       benefits  for  Tier  III FIRE Members would be revised to be the same as
       those provided in ACNY Sections 13-316, 13-352  and  13-357  (i.e.,  the
       provisions applicable to Tier I and Tier II FIRE members).
         In  particular,  completing five or more years of service would not be
       required in order to be eligible for ODR benefits. In other words, there
       would not any requirement for  any  minimum  length  of  service  to  be
       completed in order to be eligible for ODR benefits.
         Under  the  proposed legislation, if enacted, the ODR benefit for Tier
       III FIRE Members would be an allowance consisting of:
         * An actuarial equivalent annuity of accumulated member contributions,
       plus
         * A pension, which together with the annuity, equal to  1/40  of  One-
       Year  Final  Average  Salary  ("FAS1")  multiplied  by years of credited
       service, but not less than:
         * * 1/2 of FAS1, if years of credited  service  are  greater  than  or
       equal to 10 years, or
         * * 1/3 of FAS1, if years of credited service are less than 10 years.
         Note:  The  proposed legislation also states that one component of the
       ODR benefit would be the actuarial equivalent annuity of  an  Increased-
       Take-Home-Pay ("ITHP") reserve. This theoretical benefit is not included
       in  this Fiscal Note analysis since it is the understanding of the Actu-
       ary that ITHP is not available to Tier III members generally and is  not
       specifically defined in the proposed legislation.
         In  addition,  the proposed legislation would NOT apply the Escalation
       available under RSSL Section 510 to  ODR  benefits  for  Tier  III  FIRE
       Members. However, such ODR benefits would still be eligible for Cost-of-
       Living Adjustments ("COLA") under Chapter 125 of the Laws of 2000.
         IMPACT ON ADR BENEFITS PAYABLE: The current eligibility provisions for
       ADR benefits for Tier III FIRE Members are based on satisfying either:
         *  Being  eligible  for Social Security Disability retirement benefits
       and having become disabled due to an accident sustained in the  line  of
       duty, or
         *  Being  physically or mentally incapacitated as a result of an acci-
       dent sustained in the line of duty  as  determined  by  the  appropriate
       administrative authority assigned by FIRE.
       S. 4205                            118
         As  a  consequence of RSSL Section 507.e, a Tier III FIRE Member would
       not be eligible for ADR unless the member waived  the  benefits  of  any
       statutory presumptions (e.g., certain heart diseases).
         Such  ADR benefits are calculated using a formula of 50% multiplied by
       FAS less 50% of Primary Social Security disability  benefit  (determined
       under  RSSL Section 511) and less 100% of Workers' Compensation benefits
       (if any).
         Note: It is the understanding of the Actuary that FIRE Members are not
       covered by Workers' Compensation.
         Under the proposed legislation the eligibility  requirements  for  ADR
       benefits  for  Tier  III FIRE Members would be revised to be the same as
       those provided in ACNY Sections 13-316, 13-353  and  13-357  (i.e.,  the
       provisions applicable to Tier I and Tier II FIRE Members).
         In  addition, it is the understanding of the Actuary that the proposed
       legislation, if enacted, would provide that Tier III FIRE Members  could
       be  eligible  for  and utilize the statutory presumptions (e.g., certain
       heart diseases) that qualify certain Tier I and Tier II FIRE Members for
       ADR.
         The current eligibility to utilize the statutory presumptions requires
       that the member must have successfully passed a physical examination for
       entry into public service which failed to disclose evidence of the qual-
       ifying condition or impairment of health that formed the basis  for  the
       disability.
         Under  the  proposed  legislation,  Medical  Officers  may satisfy the
       eligibility to utilize the statutory presumptions provided  the  Medical
       Officer authorized release of all relevant medical records, and there is
       no  evidence  of  the qualifying condition or impairment that formed the
       basis for the disability in such medical records unless the contrary  is
       proved by competent evidence.
         Under  the  proposed legislation, if enacted, the ADR benefit for Tier
       III FIRE Members would be revised to equal a retirement allowance  equal
       to the sum of:
         * An actuarial equivalent annuity of accumulated member contributions,
       plus
         * 75% multiplied by FAS1.
         Note:  The  proposed legislation also states that one component of the
       ADR benefit would be the actuarial equivalent annuity of  an  Increased-
       Take-Home-Pay ("ITHP") reserve. This theoretical benefit is not included
       in  this Fiscal Note analysis since it is the understanding of the Actu-
       ary that ITHP is not available to Tier III members generally and is  not
       specifically defined in the proposed legislation.
         Also  note,  it  is the understanding of the Actuary that the Tier III
       FIRE Members impacted by the proposed legislation would not receive  any
       additional 1/60 of annual earnings after 20 years of service.
         In  addition,  the proposed legislation would NOT apply the Escalation
       available under RSSL Section 510 to  ADR  benefits  for  Tier  III  FIRE
       Members. However, such ADR benefits would still be eligible for Cost-of-
       Living Adjustments ("COLA") under Chapter 125 of the Laws of 2000.
         FINANCIAL  IMPACT  -  CHANGES  IN BENEFITS - ACTUARIAL PRESENT VALUES:
       Based on the census data and the actuarial assumptions and methods noted
       herein, if the Effective Date is on or before June 30, 2015,  then  this
       would  change  the Actuarial Present Value ("APV") of benefits ("APVB"),
       APV of member contributions, the Unfunded  Actuarial  Accrued  Liability
       ("UAAL")  and  APV of future employer costs as of June 30, 2013 for Tier
       III FIRE Members.
       S. 4205                            119
         FINANCIAL IMPACT - CHANGES IN PROJECTED APV OF FUTURE  EMPLOYER  COSTS
       AND  PROJECTED  EMPLOYER  COSTS: For purposes of this Fiscal Note, it is
       assumed that the changes in APVB, APV of  future  member  contributions,
       UAAL  and  APV of future employer costs would be reflected for the first
       time in the June 30, 2013 actuarial valuation of FIRE.
         Under  the  One-Year  Lag  Methodology  ("OYLM"),  the first year that
       changes in benefits for Tier III  FIRE  Members  could  impact  employer
       costs to FIRE would be Fiscal Year 2015.
         In  accordance  with ACNY Section 13.638.2(k-2), new UAAL attributable
       to benefit changes are to be amortized as determined by the Actuary  but
       generally  over  the remaining working lifetime of those impacted by the
       benefit changes. As of June 30, 2013, the remaining working lifetime  of
       the  Tier  III  FIRE Members is approximately 24 years. Recognizing that
       this period will decrease over time as the group  of  Tier  III  Members
       matures,  the  Actuary  would  likely  choose  to  amortize the new UAAL
       attributable to this proposed legislation  over  a  15-year  to  20-year
       period (between 14 and 19 payments under the OYLM Methodology). However,
       since  virtually all of the Tier III FIRE members that would be impacted
       by the benefit changes are new entrants, the resulting UAAL would be  de
       minimis and therefore the amortization period used for the UAAL has very
       little impact on the final results.
         The following Table 1 presents an estimate of the increases due to the
       changes  in  ODR  and  ADR  provisions for Tier III FIRE Members and the
       changes in eligibility requirements for presumptions  for  FIRE  Medical
       Officers  in  the  APV of future employer costs and in employer costs to
       FIRE for Fiscal Years 2015 through 2019 that would occur  based  on  the
       applicable actuarial assumptions and methods noted herein:
                                        Table 1
                          Estimated Financial Impact on FIRE
                           If Certain Revisions are Made to
                          Provisions for ODR and ADR Benefits
                     for Tier III FIRE Members and to Presumption
                    Eligibility Requirements for Medical Officers *
                                     ($ Millions)
                                 Increase in APV of         Increase in Employer
       Fiscal Year            Future Employer Costs             Costs
          2015                         $16.3                         $2.1
          2016                          68.3                          8.2
          2017                         120.1                         13.5
          2018                         173.1                         18.4
          2019                         227.3                         23.1
       * Based on actuarial assumptions and methods set forth in the Actuarial
       Assumptions and Method section. Also, based on the projection assumptions
       as described herein.
         ODR  and  ADR  benefits  are  NOT subject to Tier III Escalation (RSSL
       Section 510).
         The estimated increases in employer costs shown in Table 1  are  based
       upon the following projection assumptions:
         *  Level workforce (i.e., new employees are hired to replace those who
       leave active status).
       S. 4205                            120
         * Projected salary increases consistent with those used in projections
       presented  to  the  New  York  City  Office  of  Management  and  Budget
       ("NYCOMB") for use in the January 2015 Financial Plan ("Updated Prelimi-
       nary Projections").
         *  New  entrant  salaries  consistent  with  those used in the Updated
       Preliminary Projections.
         These "open group" projections include future new entrants  introduced
       into the census data models to project the future workforces.
         As of each future actuarial valuation date, the current "closed group"
       actuarial assumptions and valuation methodology are used.
         Under  this  methodology  only  Plan participants as of each actuarial
       valuation date are utilized to determine APVs employer costs and employ-
       er contributions.
         FINANCIAL IMPACT  -  CHANGES  IN  PROJECTED  APV  OF  FUTURE  EMPLOYER
       CONTRIBUTIONS  AND  PROJECTED  EMPLOYER CONTRIBUTIONS: Since the assump-
       tions used in the actuarial valuation of FIRE do not distinguish between
       Medical Officers and other FIRE members and those assumptions  for  Tier
       II members already incorporate some or all of the presumptions available
       under  law,  the  increase  in  employer contributions and in the APV of
       future employer contributions would be slightly less than those shown in
       Table 1.
         FINANCIAL IMPACT - EMPLOYER ENTRY AGE NORMAL COSTS: Employer Entry Age
       Normal Costs can provide a useful basis to compare the value of alterna-
       tive benefit programs.
         For each member who enters FIRE, there is  a  theoretical  net  annual
       employer  cost  to  be  paid  for  such member while such member remains
       actively employed (i.e., the Employer Entry Age Normal Cost ("EEANC")).
         In addition, such EEANC may be expressed as  a  percentage  of  salary
       earned over a working lifetime and referred to as the Employer Entry Age
       Normal Rate ("EEANR").
         Under  the proposed legislation and based on the actuarial assumptions
       noted herein, the EEANC and EEANR of Tier  III  FIRE  Members  would  be
       greater  than  the  EEANC and EEANR for comparable Tier III FIRE Members
       entering at the same attained age and  gender  under  the  current  FIRE
       provisions.
         Table  2  shows  a  summary  of  the change in EEANR for Tier III FIRE
       Members who have a date of membership on or  after  April  1,  2012  for
       entry  ages  25, 30 and 35 with a starting salary of $45,000, determined
       as of the most recent date of published EEANR calculations:
                                        Table 2
                     Comparison of Employer Entry Age Normal Rates
                            Determined as of June 30, 2012*
                    To Implement Certain ODR and ADR Provisions for
        Tier III FIRE Members with a Membership Date on or After April 1, 2012
                              Under Proposed Legislation
                                          and
                                   Under Current Law
                          EEANR Under Proposed Legislation**
                        Entry Age 25        Entry Age 30        Entry Age 35
       S. 4205                            121
       Retirement
       System          Male     Female     Male     Female     Male     Female
       FIRE            21.92%   22.50%     27.31%   28.01%     34.55%   35.31%
                                EEANR Under Current Law
       FIRE            15.94%   16.51%     18.99%   19.68%     21.78%   22.51%
                     Increase in EEANR Due to Proposed Legislation
       FIRE            5.98%    5.99%      8.32%    8.33%      12.77%   12.80%
         * Based on salaries paid over entire working lifetime. EEANR do not var
       significantly over time, absent benefit and/or actuarial assumption
       changes.
         ** EEANR determined under the terms of the revised ODR and ADR benefit
       provisions based on the Actuarial Assumptions and Methods as noted herein
       including changes in assumptions for ADR. ODR and ADR benefits are
       NOT subject to Tier III Escalation (RSSL Section 510).
         OTHER COSTS: Not measured in this Fiscal Note are the following:
         *  The  initial, additional administrative costs of FIRE and other New
       York City agencies to implement the proposed legislation.
         * The potential  impact  if  this  proposed  legislation  were  to  be
       extended to other public safety employees.
         *  The  impact  of  this  proposed legislation on Other Postemployment
       Benefit ("OPEB") costs.
         CENSUS DATA: The  starting  census  data  used  for  the  calculations
       presented  herein  are  the  census data used in the Updated Preliminary
       June 30, 2013 (Lag) actuarial valuation of FIRE used  to  determine  the
       Updated Preliminary Fiscal Year 2015 employer contributions.
         The census data used for the estimates of additional employer contrib-
       utions  presented  herein  are based on average salaries of new entrants
       utilized in the Updated Preliminary June 30, 2013 (Lag) actuarial  valu-
       ations  used  to determine Updated Preliminary Fiscal Year 2015 employer
       contributions of FIRE.
         The 169 Tier III FIRE Members as of June 30, 2013 (including  the  one
       Tier III member who has a date of membership prior to April 1, 2012) had
       an average age of approximately 27, average service of approximately 0.5
       years and an average salary of approximately $48,200.
         There were 21 Medical Officers in FIRE as of June 30, 2013. Of the 21,
       7 are currently eligible to utilize the statutory presumptions. In addi-
       tion,  7  of  the  14 Medical Officers who are not currently eligible to
       utilize the statutory presumptions became members  after  September  11,
       2001  and, therefore, are unlikely to be eligible for World Trade Center
       presumptive benefits but, if the proposed legislation is enacted,  could
       become eligible for other presumptive benefits.
         ACTUARIAL  ASSUMPTIONS  AND  METHODS: The additional employer contrib-
       utions presented herein have been  calculated  based  on  the  actuarial
       assumptions  and methods in effect for the June 30, 2013 (Lag) actuarial
       valuations used  to  determine  Updated  Preliminary  Fiscal  Year  2015
       employer  contributions of FIRE and adjusted for revised ADR eligibility
       provisions.
         The probabilities of accidental disability  used  for  Tier  III  FIRE
       Members  in  the  event statutory presumptions were to apply equal those
       currently used for Tier I and Tier II FIRE Members.
       S. 4205                            122
         The actuarial valuation methodology does not include a calculation  of
       the  value  of an offset for Workers' Compensation benefits as it is the
       understanding of the Actuary that FIRE Members are not covered  by  such
       benefits.
         To  the  extent  that the enactment of this proposed legislation would
       cause a greater (lesser) number of Tier III FIRE Members to be reclassi-
       fied from Ordinary Disability to Accidental Disability Retirement, or to
       the extent that Tier III FIRE  Members  who  would  not  otherwise  ever
       choose to apply and then receive an Ordinary Disability Retirement bene-
       fit  or an Accidental Disability Retirement benefit, then the additional
       APVB and employer contributions shown herein would be greater (lesser).
         Employer contributions under current methodology have  been  estimated
       assuming  the  additional  APVB  would be financed through future normal
       contributions including an amortization of the new UAAL attributable  to
       this  proposed  legislation over a 15-year period (14 payments under the
       OYLM Methodology).
         New entrants into Tier III FIRE Members were projected to replace  the
       FIRE  members  expected  to  leave  the  active population to maintain a
       steady-state population.
         The following Table 3 presents the total number of active employees of
       FIRE used in the projections, assuming a level work force, and the cumu-
       lative number (i.e., net of withdrawals) of Tier III Members as of  each
       June 30 from 2013 through 2017.
                                        Table 3
                    Surviving Actives from Census on June 30, 2013
                                          and
                    Cumulative New Tier III FIRE Members from 2013
                               Used in the Projections*
       June 30        Tier I&II           Tier III           Total
       2013           10,013              169                10,182
       2014           9,486               696                10,182
       2015           8,988               1,194              10,182
       2016           8,509               1,673              10,182
       2017           8,055               2,127              10,182
         * Total active members included in the projections assume a level work
       force  based on the June 30, 2013 (Lag) actuarial valuation census data.
       Assumes presumptions apply to Tier III FIRE members.
         For purposes of estimating the impact of the Tier III  Escalation  for
       retired  Tier  III  FIRE Members, consistent with an underlying Consumer
       Price Inflation ("CPI") assumption of 2.5% per year, Tier III Escalation
       of 2.5% per year has been assumed.
         This compares with the current Chapter 125 of the Laws  of  2000  COLA
       assumption of 1.5% per year (i.e., 50% of CPI adjusted to recognize 1.0%
       minimum and 3.0% maximum) on the first $18,000 of benefit.
         For  Variable  Supplements  Fund ("VSF") benefits, it has been assumed
       that retroactive lump sum payments of VSF  ("DROP  payments")  would  be
       payable from the completion of 20 years of service.
         ECONOMIC  VALUES OF BENEFITS: The actuarial assumptions used to deter-
       mine the financial impact of the proposed legislation discussed in  this
       Fiscal  Note  are those appropriate for budgetary models and determining
       annual employer contributions to FIRE.
       S. 4205                            123
         However, the economic assumptions (current and proposed) that are used
       for determining employer contributions  do  not  develop  risk-adjusted,
       economic  values  of  benefits.  Such  risk-adjusted, economic values of
       benefits would likely differ significantly from those developed  by  the
       budgetary models.
         STATEMENT OF ACTUARIAL OPINION: I, Robert C. North, Jr., am the Acting
       Chief Actuary for the New York City Retirement Systems. I am a Fellow of
       the Society of Actuaries and a Member of the American Academy of Actuar-
       ies. I meet the Qualification Standards of the American Academy of Actu-
       aries to render the actuarial opinion contained herein.
         FISCAL  NOTE  IDENTIFICATION:   This estimate is intended for use only
       during the 2015 Legislative Session. It is Fiscal  Note  2015-07,  dated
       February  27,  2015 prepared by the Acting Chief Actuary of the New York
       Fire Department Pension Fund.
    1                                   PART FF
    2    Section 1. The civil service law is amended by adding  a  new  section
    3  162-a to read as follows:
    4    S 162-A. PURCHASE OF CONTRACTS RELATING TO HEALTH BENEFITS.  THE PRES-
    5  IDENT  IS HEREBY AUTHORIZED AND DIRECTED TO EVALUATE THE COSTS AND EFFI-
    6  CIENCIES RELATED TO PURCHASING A CONTRACT OR CONTRACTS WHEREBY A PROGRAM
    7  OF GROUP HEALTH BENEFITS SHALL BE PROVIDED TO RETIREES PURSUANT TO  THIS
    8  ARTICLE  AND COVERED UNDER TITLE EIGHTEEN OF THE SOCIAL SECURITY ACT AND
    9  DETERMINE WITHIN THIRTY DAYS IF SUCH CONTRACT OR CONTRACTS WOULD  RESULT
   10  IN  A  COST SAVINGS. IF THE PRESIDENT CONCLUDES THAT ENTERING A CONTRACT
   11  FOR SUCH GROUP HEALTH BENEFITS WOULD RESULT IN A COST SAVINGS  THEN  THE
   12  PRESIDENT SHALL PURCHASE A CONTRACT FOR SUCH GROUP HEALTH BENEFITS. SUCH
   13  CONTRACT  FOR GROUP HEALTH BENEFITS SHALL BE COMPARABLE IN STABILITY AND
   14  CONTINUITY OF COVERAGE, CARE AND SERVICES TO THE PROGRAM OF HEALTH BENE-
   15  FITS OFFERED TO OTHER MEMBERS AND THEIR DEPENDANTS  UNDER  THIS  SECTION
   16  AND  SHALL  NOT  DIMINISH  ANY  EXISTING  BENEFITS  PROVIDED  TO MEMBERS
   17  ENROLLED IN THE NEW YORK STATE HEALTH INSURANCE PROGRAM PURSUANT TO THIS
   18  ARTICLE. SUCH BENEFITS SHALL BE DELIVERED AND ADMINISTERED IN ACCORDANCE
   19  WITH SUCH CONTRACT FOR GROUP HEALTH BENEFITS AND SHALL BE PURCHASED FROM
   20  ONE OR MORE CORPORATIONS LICENSED IN  THIS  STATE  PURSUANT  TO  ARTICLE
   21  THIRTY-TWO OF THE INSURANCE LAW OR SUBJECT TO ARTICLE FORTY-THREE OF THE
   22  INSURANCE LAW.
   23    (A)  A  REASONABLE TIME BEFORE ENTERING INTO ANY INSURANCE CONTRACT OR
   24  CONTRACT WITH AN ADMINISTRATOR OR ADMINISTRATORS HEREUNDER,  THE  PRESI-
   25  DENT  SHALL INVITE PROPOSALS FROM SUCH QUALIFIED INSURERS OR ADMINISTRA-
   26  TORS AS IN HIS OR HER OPINION WOULD DESIRE TO ACCEPT  ANY  PART  OF  THE
   27  INSURANCE OR ADMINISTRATIVE SERVICES AUTHORIZED BY THIS SECTION.
   28    (B)  THE  PRESIDENT MAY ARRANGE WITH ANY CORPORATION LICENSED PURSUANT
   29  TO ARTICLE THIRTY-TWO OF THE INSURANCE LAW OR SUBJECT TO ARTICLE  FORTY-
   30  THREE  OF  THE  INSURANCE  LAW  ISSUING  ANY  SUCH  CONTRACT TO REINSURE
   31  PORTIONS OF SUCH CONTRACT WITH ANY OTHER SUCH CORPORATION  WHICH  ELECTS
   32  TO  BE  A REINSURER AND IS LEGALLY COMPETENT TO ENTER INTO A REINSURANCE
   33  AGREEMENT.
   34    (C) THE PRESIDENT MAY DESIGNATE ONE OR MORE OF  SUCH  CORPORATIONS  AS
   35  THE ADMINISTERING CORPORATION OR CORPORATIONS.
   36    (D)  EACH EMPLOYEE WHO IS COVERED UNDER ANY SUCH CONTRACT OR CONTRACTS
   37  SHALL RECEIVE A CERTIFICATE SETTING FORTH  THE  BENEFITS  TO  WHICH  THE
   38  EMPLOYEE AND HIS OR HER DEPENDENTS ARE ENTITLED THEREUNDER, TO WHOM SUCH
   39  BENEFITS  SHALL  BE  PAYABLE,  TO  WHOM  CLAIMS SHOULD BE SUBMITTED, AND
   40  SUMMARIZING THE PROVISIONS OF THE  CONTRACT  PRINCIPALLY  AFFECTING  THE
       S. 4205                            124
    1  EMPLOYEE AND HIS OR HER DEPENDENTS. SUCH CERTIFICATE SHALL BE IN LIEU OF
    2  THE  CERTIFICATE  WHICH  THE  CORPORATION  OR  CORPORATIONS ISSUING SUCH
    3  CONTRACT OR CONTRACTS WOULD OTHERWISE ISSUE.
    4    S 2. This act shall take effect immediately.
    5                                   PART GG
    6    Section  1.  Subdivision 9 of section 201 of the workers' compensation
    7  law is amended by adding a new paragraph C to read as follows:
    8    C. "DISABILITY" ALSO INCLUDES FAMILY CARE.
    9    S 2. Subdivision 14 of section 201 of the workers'  compensation  law,
   10  as added by chapter 600 of the laws of 1949 and as renumbered by chapter
   11  438  of  the laws of 1964, is amended, and nine new subdivisions 15, 16,
   12  17, 18, 19, 20, 21, 22 and 23 are added to read as follows:
   13    14. "A day of disability" means any day  on  which  the  employee  was
   14  prevented  from performing work because of disability, INCLUDING ANY DAY
   15  WHICH THE EMPLOYEE USES FOR FAMILY CARE, and for which [he] THE EMPLOYEE
   16  has not received his OR HER regular remuneration.
   17    15. "FAMILY CARE" MEANS ANY LEAVE TAKEN BY AN EMPLOYEE FROM PERFORMING
   18  WORK:
   19    A. TO PARTICIPATE IN PROVIDING CARE, INCLUDING PHYSICAL OR  PSYCHOLOG-
   20  ICAL CARE, FOR A FAMILY MEMBER OF THE EMPLOYEE MADE NECESSARY BY A SERI-
   21  OUS HEALTH CONDITION OF THE FAMILY MEMBER; OR
   22    B.  TO  BOND  WITH THE EMPLOYEE'S CHILD DURING THE FIRST TWELVE MONTHS
   23  AFTER THE CHILD'S BIRTH, OR THE FIRST TWELVE MONTHS AFTER THE  PLACEMENT
   24  OF THE CHILD FOR ADOPTION OR FOSTER CARE WITH THE EMPLOYEE.
   25    16. "CHILD" MEANS A BIOLOGICAL, ADOPTED OR FOSTER CHILD, A STEP-CHILD,
   26  A  LEGAL WARD OR A CHILD OF A PERSON WHO STANDS IN PARENTAL RELATIONSHIP
   27  TO THE CHILD WHO IS:
   28    A. LESS THAN EIGHTEEN YEARS OF AGE; OR
   29    B. EIGHTEEN YEARS OF AGE OR OLDER AND INCAPABLE OF  SELF-CARE  BECAUSE
   30  OF A MENTAL OR PHYSICAL DISABILITY.
   31    17.  "DOMESTIC  PARTNER" HAS THE SAME MEANING SET FORTH IN SUBDIVISION
   32  ONE OF SECTION FOUR OF THIS CHAPTER.
   33    18. "SERIOUS HEALTH CONDITION" MEANS AN ILLNESS,  INJURY,  IMPAIRMENT,
   34  OR PHYSICAL OR MENTAL CONDITION THAT:
   35    A.  REQUIRES  INPATIENT  CARE  IN  A  HOSPITAL, HOSPICE OR RESIDENTIAL
   36  HEALTH CARE FACILITY; OR
   37    B. REQUIRES CONTINUING TREATMENT BY A HEALTH CARE PROVIDER.
   38    19. "PARENT" MEANS A BIOLOGICAL OR ADOPTIVE PARENT OR  STEP-PARENT  OF
   39  AN  EMPLOYEE,  OR  A  PERSON  WHO  STOOD  IN PARENTAL RELATIONSHIP TO AN
   40  EMPLOYEE WHEN THE EMPLOYEE WAS:
   41    A. LESS THAN EIGHTEEN YEARS OF AGE; OR
   42    B. EIGHTEEN YEARS OF AGE OR OLDER AND INCAPABLE OF  SELF-CARE  BECAUSE
   43  OF A MENTAL OR PHYSICAL DISABILITY.
   44    20.  "FAMILY  MEMBER" MEANS A CHILD, SPOUSE, DOMESTIC PARTNER, PARENT,
   45  GRANDCHILD, GRANDPARENT, OR MOTHER OR FATHER OF A DOMESTIC PARTNER.
   46    21. "PERSONS WHO STAND IN PARENTAL RELATIONSHIP TO  A  CHILD"  INCLUDE
   47  THOSE WITH DAY-TO-DAY RESPONSIBILITIES TO CARE FOR AND PROVIDE FINANCIAL
   48  SUPPORT OF A CHILD, OR, IN THE CASE OF AN EMPLOYEE, WHO HAD SUCH RESPON-
   49  SIBILITY FOR THE EMPLOYEE WHEN THE EMPLOYEE WAS A CHILD. A BIOLOGICAL OR
   50  LEGAL RELATIONSHIP SHALL NOT BE NECESSARY.
   51    22. "GRANDCHILD" MEANS THE CHILD OF A CHILD.
   52    23.  "HEALTH  CARE  PROVIDER"  MEANS A HEALTH CARE PRACTITIONER WHO IS
   53  LICENSED UNDER THE RELEVANT FEDERAL OR STATE LAWS  TO  PROVIDE  MEDICAL,
       S. 4205                            125
    1  EMERGENCY  OR  HEALTH  SERVICES, AND IS TREATING AN EMPLOYEE OR A FAMILY
    2  MEMBER FOR A SERIOUS HEALTH CONDITION.
    3    S 3. Section 202 of the workers' compensation law is amended by adding
    4  a new subdivision 1-a to read as follows:
    5    1-A.  SOLELY FOR THE PURPOSES OF THE PROVISIONS OF THIS ARTICLE RELAT-
    6  ING TO THE PROVISION OF BENEFITS,  RIGHTS  AND  PRIVILEGES  RELATING  TO
    7  FAMILY  CARE  LEAVE,  "COVERED  EMPLOYER" SHALL INCLUDE THE STATE OR ANY
    8  POLITICAL OR CIVIL SUBDIVISION THEREOF, AND EMPLOYERS  WITH  TWENTY-FIVE
    9  OR MORE EMPLOYEES.
   10    S  4.  The  workers'  compensation  law  is  amended by adding two new
   11  sections 203-a and 203-b to read as follows:
   12    S 203-A. RETALIATORY ACTION PROHIBITED.  1. THE PROVISIONS OF  SECTION
   13  ONE  HUNDRED TWENTY OF THIS CHAPTER AND SECTION TWO HUNDRED FORTY-ONE OF
   14  THIS ARTICLE SHALL BE APPLICABLE TO FAMILY CARE LEAVE AS  IF  FULLY  SET
   15  FORTH IN THIS SECTION.
   16    2.  NOTHING  IN  THIS  SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS,
   17  PRIVILEGES OR REMEDIES OF ANY EMPLOYEE UNDER ANY  COLLECTIVE  BARGAINING
   18  AGREEMENT  OR  EMPLOYMENT  CONTRACT;  EXCEPT  THAT THE INSTITUTION OF AN
   19  ACTION IN ACCORDANCE WITH THIS SECTION SHALL BE DEEMED A WAIVER  OF  THE
   20  RIGHTS  AND  REMEDIES  AVAILABLE  UNDER ANY OTHER CONTRACT OR COLLECTIVE
   21  BARGAINING AGREEMENT.
   22    S 203-B. FAMILY CARE LEAVE. ANY ELIGIBLE EMPLOYEE OF A COVERED EMPLOY-
   23  ER WHO TAKES FAMILY CARE LEAVE ON OR AFTER JANUARY FIRST,  TWO  THOUSAND
   24  SIXTEEN UNDER THIS SECTION SHALL BE ENTITLED, ON RETURN FROM SUCH LEAVE,
   25  TO BE RESTORED BY HIS OR HER EMPLOYER TO THE POSITION OF EMPLOYMENT HELD
   26  BY  THE EMPLOYEE WHEN THE LEAVE COMMENCED, OR TO BE RESTORED TO A COMPA-
   27  RABLE POSITION WITH COMPARABLE EMPLOYMENT BENEFITS, PAY AND OTHER  TERMS
   28  AND  CONDITIONS  OF  EMPLOYMENT.  THE TAKING OF LEAVE FOR THE PURPOSE OF
   29  FAMILY CARE SHALL NOT RESULT IN  THE  LOSS  OF  ANY  EMPLOYMENT  BENEFIT
   30  ACCRUED  PRIOR TO THE DATE ON WHICH THE LEAVE COMMENCED. NOTHING IN THIS
   31  SECTION SHALL BE CONSTRUED TO  ENTITLE  ANY  RESTORED  EMPLOYEE  TO  THE
   32  ACCRUAL  OF  ANY  SENIORITY  OR EMPLOYMENT BENEFITS DURING ANY PERIOD OF
   33  LEAVE, OR ANY RIGHT, BENEFIT OR POSITION TO  WHICH  THE  EMPLOYEE  WOULD
   34  HAVE BEEN ENTITLED HAD THE EMPLOYEE NOT TAKEN SUCH LEAVE. A VIOLATION OF
   35  THIS  SECTION SHALL BE A VIOLATION OF SECTION ONE HUNDRED TWENTY OF THIS
   36  CHAPTER, AND ALL REMEDIES AND  PENALTIES  AVAILABLE  UNDER  SECTION  ONE
   37  HUNDRED TWENTY OF THIS CHAPTER SHALL BE AVAILABLE FOR VIOLATIONS OF THIS
   38  SECTION AS IF FULLY SET FORTH IN THIS SECTION.
   39    S 5. Section 204 of the workers' compensation law is amended by adding
   40  a new subdivision 3 to read as follows:
   41    3.  THE WEEKLY BENEFIT WHICH AN EMPLOYEE ON FAMILY CARE LEAVE IS ENTI-
   42  TLED TO RECEIVE FOR DISABILITY COMMENCING ON OR AFTER JANUARY FIRST, TWO
   43  THOUSAND SIXTEEN, BUT BEFORE  JANUARY  FIRST,  TWO  THOUSAND  SEVENTEEN,
   44  SHALL  BE FIFTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE, BUT IN NO
   45  CASE SHALL SUCH BENEFIT EXCEED  THIRTY-FIVE  PERCENT  OF  THE  STATEWIDE
   46  AVERAGE WEEKLY WAGE AS DETERMINED BY THE DEPARTMENT PURSUANT TO SUBDIVI-
   47  SION  SIXTEEN  OF SECTION TWO OF THIS CHAPTER.  THE WEEKLY BENEFIT WHICH
   48  THE DISABLED EMPLOYEE IS ENTITLED TO RECEIVE FOR  DISABILITY  COMMENCING
   49  ON  OR  AFTER  JANUARY FIRST, TWO THOUSAND SEVENTEEN, BUT BEFORE JANUARY
   50  FIRST, TWO THOUSAND EIGHTEEN, SHALL BE FIFTY PERCENT OF  THE  EMPLOYEE'S
   51  AVERAGE  WEEKLY  WAGE,  BUT  IN  NO CASE SHALL SUCH BENEFIT EXCEED FORTY
   52  PERCENT OF THE STATEWIDE  AVERAGE  WEEKLY  WAGE  AS  DETERMINED  BY  THE
   53  DEPARTMENT  PURSUANT TO SUBDIVISION SIXTEEN OF SECTION TWO OF THIS CHAP-
   54  TER. THE WEEKLY BENEFIT WHICH  THE  DISABLED  EMPLOYEE  IS  ENTITLED  TO
   55  RECEIVE  FOR  DISABILITY COMMENCING ON OR AFTER JANUARY FIRST, TWO THOU-
   56  SAND EIGHTEEN SHALL BE FIFTY PERCENT OF THE  EMPLOYEE'S  AVERAGE  WEEKLY
       S. 4205                            126
    1  WAGE,  BUT  IN  NO  CASE  SHALL SUCH BENEFIT EXCEED FIFTY PERCENT OF THE
    2  STATEWIDE AVERAGE WEEKLY WAGE AS DETERMINED BY THE  DEPARTMENT  PURSUANT
    3  TO SUBDIVISION SIXTEEN OF SECTION TWO OF THIS CHAPTER.
    4    S  6.  Subdivisions  1,  2, 3, 4, and 8 of section 205 of the workers'
    5  compensation law, subdivision 1 as amended by chapter 651 of the laws of
    6  1958, subdivision 2 as amended by chapter 270 of the laws  of  1990  and
    7  subdivisions  3, 4 and 8 as added by chapter 600 of the laws of 1949 and
    8  as renumbered by chapter 352 of the laws of 1981, are amended and a  new
    9  subdivision 9 is added to read as follows:
   10    1.  (A) For DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF
   11  AN EMPLOYEE, FOR more than twenty-six weeks during a period of fifty-two
   12  consecutive calendar weeks or during any one period of disability, OR
   13    (B) FOR FAMILY CARE, FOR MORE  THAN  SIX  WEEKS  DURING  A  PERIOD  OF
   14  FIFTY-TWO  CONSECUTIVE CALENDAR WEEKS OR DURING ANY ONE PERIOD OF FAMILY
   15  CARE;
   16    2. for any period of disability RESULTING FROM THE INJURY, SICKNESS OR
   17  PREGNANCY OF AN EMPLOYEE during which an employee is not under the  care
   18  of  a  duly  licensed  physician or with respect to disability resulting
   19  from a condition of the foot which may lawfully be  treated  by  a  duly
   20  registered  and  licensed  podiatrist  of  the state of New York or with
   21  respect to a disability resulting from a condition which may lawfully be
   22  treated by a duly registered and licensed chiropractor of the  state  of
   23  New  York  or  with  respect  to a disability resulting from a condition
   24  which may lawfully be treated by a duly licensed dentist of the state of
   25  New York or with respect to a  disability  resulting  from  a  condition
   26  which may lawfully be treated by a duly registered and licensed psychol-
   27  ogist of the state of New York or with respect to a disability resulting
   28  from a condition which may lawfully be treated by a duly certified nurse
   29  midwife,  for  any period of such disability during which an employee is
   30  neither under the care of a physician nor a podiatrist, nor a chiroprac-
   31  tor, nor a dentist, nor a psychologist, nor a certified  nurse  midwife;
   32  and for any period of disability during which an employee who adheres to
   33  the  faith or teachings of any church or denomination and who in accord-
   34  ance with its creed, tenets or principles depends for healing upon pray-
   35  er through spiritual means alone in the practice  of  religion,  is  not
   36  under the care of a practitioner duly accredited by the church or denom-
   37  ination,  and  provided such employee shall submit to all physical exam-
   38  inations as required by this chapter[.];
   39    3. for any disability RESULTING FROM INJURY OR SICKNESS OF AN EMPLOYEE
   40  occasioned by the wilful intention of the employee to bring about injury
   41  to or the sickness of himself or another, or resulting from  any  injury
   42  or  sickness sustained in the perpetration by the employee of an illegal
   43  act;
   44    4. for any day of disability during which the employee performed  work
   45  for  remuneration or profit, BUT NOT INCLUDING ANY REMUNERATION RECEIVED
   46  FOR CARING FOR A FOSTER OR ADOPTED CHILD OR OTHER INDIVIDUAL RESIDING IN
   47  THE EMPLOYEE'S PLACE OF RESIDENCE;
   48    8. for any disability RESULTING FROM AN INJURY, SICKNESS OR  PREGNANCY
   49  OF THE EMPLOYEE commencing before the employee becomes eligible to bene-
   50  fits  hereunder  [or  commencing  prior  to July first, nineteen hundred
   51  fifty, but this shall not preclude benefits for  recurrence  after  July
   52  first,  nineteen  hundred fifty, of a disability commencing prior there-
   53  to.]; OR
   54    9. FOR ANY DAY OF ABSENCE FROM WORK REQUIRED PURSUANT TO ANY DISCIPLI-
   55  NARY PROCESS, OR, WITH REGARD  TO  FAMILY  CARE  BENEFITS,  ANY  DAY  OF
   56  ABSENCE  FROM  WORK  RESULTING  FOR INJURY, SICKNESS OR PREGNANCY OF THE
       S. 4205                            127
    1  EMPLOYEE, INCLUDING ANY  LEAVE  TAKEN  UNDER  SECTION  SEVENTY-THREE  OR
    2  SEVENTY-FIVE OF THE CIVIL SERVICE LAW.
    3    S  7. The workers' compensation law is amended by adding a new section
    4  205-a to read as follows:
    5    S 205-A. RELATIONSHIP BETWEEN DISABILITY BENEFITS FOR FAMILY CARE  AND
    6  FOR  THE  EMPLOYEE'S  OWN INJURY, SICKNESS OR PREGNANCY.  THE RECEIPT OF
    7  BENEFITS FOR DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY  OF
    8  THE  EMPLOYEE, SHALL NOT COUNT TOWARD ANY TIME LIMITATION UNDER SUBDIVI-
    9  SION ONE OF SECTION TWO HUNDRED FIVE OF THIS ARTICLE ON THE  RECEIPT  OF
   10  BENEFITS  FOR  FAMILY  CARE, AND THE RECEIPT OF BENEFITS FOR FAMILY CARE
   11  SHALL NOT COUNT TOWARD ANY TIME  LIMITATION  UNDER  SUBDIVISION  ONE  OF
   12  SECTION  TWO HUNDRED FIVE OF THIS ARTICLE ON THE RECEIPT OF BENEFITS FOR
   13  DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY TO THE EMPLOYEE,
   14  EXCEPT THAT AN EMPLOYEE MAY RECEIVE  DISABILITY  BENEFITS  ON  ONLY  ONE
   15  CLAIM AT ANY TIME.
   16    S 8. Subdivision 3 of section 209 of the workers' compensation law, as
   17  amended  by chapter 415 of the laws of 1983, is amended and a new subdi-
   18  vision 6 is added to read as follows:
   19    3. The contribution of each such employee to the  cost  of  disability
   20  benefits provided by this article shall be one-half of one per centum of
   21  the  employee's  wages  paid  to  him  on and after July first, nineteen
   22  hundred fifty, but not in excess of sixty cents per week FOR THE COST OF
   23  DISABILITY BENEFITS FOR INJURY, SICKNESS OR PREGNANCY OF THE EMPLOYEE.
   24    6. EFFECTIVE DURING THE TWO THOUSAND SIXTEEN CALENDAR YEAR FAMILY CARE
   25  BENEFITS SHALL BE PROVIDED AT NO COST TO AN  ELIGIBLE  EMPLOYEE  THROUGH
   26  THE STATE GENERAL FUND. THIS EXACT LEVEL OF FUNDING SHALL BE PROVIDED BY
   27  THE  STATE  EACH  CALENDAR  YEAR  FOR FAMILY CARE BENEFITS. DURING EVERY
   28  SUBSEQUENT CALENDAR YEAR, THE CONTRIBUTION OF EACH SUCH EMPLOYEE TO  THE
   29  COST  OF  FAMILY  CARE BENEFITS SHALL BE SET BY REGULATION OF THE SUPER-
   30  INTENDENT OF FINANCIAL SERVICES. EMPLOYERS SHALL NOT  CONTRIBUTE  TOWARD
   31  THE COST OF FAMILY CARE BENEFITS.
   32    S 9. Section 211 of the workers' compensation law is amended by adding
   33  two new subdivisions 7 and 8 to read as follows:
   34    7. SUCH FAMILY CARE BENEFITS AS ARE PROVIDED FOR IN THIS ARTICLE SHALL
   35  BE  IN ADDITION TO, AND SHALL NOT AMEND, REPEAL OR REPLACE, THE TERMS OF
   36  ANY AGREEMENT THAT IS COLLECTIVELY NEGOTIATED BETWEEN AN EMPLOYER AND AN
   37  EMPLOYEE  ORGANIZATION,  INCLUDING  AGREEMENT  OR  INTEREST  ARBITRATION
   38  AWARDS MADE PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
   39    8.  NOTHING  IN THIS ARTICLE SHALL REQUIRE AN EMPLOYER TO USE THE SAME
   40  CARRIER TO PROVIDE BENEFITS REQUIRED BY OR PERMISSIBLE UNDER THIS  ARTI-
   41  CLE  FOR  DISABILITY  RESULTING FROM INJURY, SICKNESS TO OR PREGNANCY OF
   42  THE EMPLOYEE AS IT USES TO PROVIDE BENEFITS REQUIRED BY  OR  PERMISSIBLE
   43  UNDER  THIS  ARTICLE  FOR  FAMILY  CARE. AN EMPLOYER MAY USE A DIFFERENT
   44  MEANS, AMONG THOSE SET FORTH IN SUBDIVISIONS ONE THROUGH  FIVE  OF  THIS
   45  SECTION,  TO  PROVIDE  BENEFITS  REQUIRED BY THIS ARTICLE FOR DISABILITY
   46  RESULTING FROM INJURY OR SICKNESS TO OR PREGNANCY OF THE EMPLOYEE,  FROM
   47  THE  MEANS  USED TO PROVIDE BENEFITS REQUIRED BY THIS ARTICLE FOR FAMILY
   48  CARE.
   49    S 10. The workers' compensation law is amended by adding a new section
   50  211-a to read as follows:
   51    S 211-A. PUBLIC EMPLOYEES; EMPLOYEE OPTION. 1. FOR  PURPOSES  OF  THIS
   52  SECTION:
   53    (A)  "PUBLIC  EMPLOYEE" MEANS ANY EMPLOYEE OF THE STATE, ANY POLITICAL
   54  SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY, OR ANY OTHER  GOVERNMENTAL
   55  AGENCY OR INSTRUMENTALITY.
       S. 4205                            128
    1    (B)  "PUBLIC  EMPLOYER"  MEANS THE STATE, ANY POLITICAL SUBDIVISION OF
    2  THE STATE, A PUBLIC AUTHORITY,  OR  ANY  OTHER  GOVERNMENTAL  AGENCY  OR
    3  INSTRUMENTALITY THEREOF.
    4    (C)  "EMPLOYEE  ORGANIZATION"  SHALL  HAVE  THE  MEANING  SET FORTH IN
    5  SECTION TWO HUNDRED ONE OF THE CIVIL SERVICE LAW.
    6    2. PUBLIC EMPLOYERS SHALL PROVIDE BENEFITS FOR FAMILY CARE  TO  PUBLIC
    7  EMPLOYEES  WHERE  AN  EMPLOYEE ORGANIZATION THAT REPRESENTS THOSE PUBLIC
    8  EMPLOYEES ELECTS TO HAVE FAMILY CARE  BENEFITS  PROVIDED  IN  ACCORDANCE
    9  WITH  THE  PROCEDURES  AND  TERMS SET FORTH IN SUBDIVISION THREE OF THIS
   10  SECTION.
   11    3. AN EMPLOYEE ORGANIZATION MAY ELECT TO  HAVE  FAMILY  CARE  BENEFITS
   12  PROVIDED ON BEHALF OF THE PUBLIC EMPLOYEES IT REPRESENTS:
   13    (A)  AT  ANY TIME UPON NINETY DAYS NOTICE TO ANY PUBLIC EMPLOYER WHICH
   14  IS NOT PROVIDING DISABILITY BENEFITS FOR INJURY, SICKNESS  OR  PREGNANCY
   15  OF  A  PUBLIC EMPLOYEE UNDER SECTION TWO HUNDRED TWELVE OF THIS ARTICLE,
   16  OR WHICH IS SELF-INSURED FOR SUCH BENEFITS;
   17    (B) FOR ANY PUBLIC EMPLOYER WHICH IS PROVIDING DISABILITY BENEFITS FOR
   18  INJURY, SICKNESS OR PREGNANCY OF A PUBLIC  EMPLOYEE  UNDER  SECTION  TWO
   19  HUNDRED  TWELVE  OF THIS ARTICLE, UPON NOTICE AT LEAST NINETY DAYS PRIOR
   20  TO THE EXPIRATION OF THE PUBLIC EMPLOYER'S  INSURANCE  POLICY  FOR  SUCH
   21  BENEFITS,  WHICH  ELECTION  SHALL  BE EFFECTIVE ONLY FOR THE TIME PERIOD
   22  COVERED BY ANY SUBSEQUENT POLICY OR RENEWAL; OR
   23    (C) AT ANY TIME AS IS MUTUALLY AGREED UPON BETWEEN THE EMPLOYEE ORGAN-
   24  IZATION AND ANY PUBLIC  EMPLOYER.  AN  EMPLOYEE  ORGANIZATION  THAT  HAS
   25  ELECTED TO HAVE THE FAMILY CARE BENEFIT PROVIDED MAY OPT OUT OF IT WITH-
   26  IN  THE  TIME  PERIODS,  AND EFFECTIVE UPON THE SAME DATES, SET FORTH IN
   27  THIS PARAGRAPH.
   28    4. IN THE ABSENCE OF ANY CONTRARY STATEMENT IN A COLLECTIVELY  NEGOTI-
   29  ATED AGREEMENT UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, A PUBLIC
   30  EMPLOYER  MAY  REQUIRE PUBLIC EMPLOYEES WHO OPT IN UNDER THIS SECTION TO
   31  CONTRIBUTE THE FAMILY CARE COST AS SET FORTH IN SECTION TWO HUNDRED NINE
   32  OF THIS ARTICLE.
   33    S 11. Subdivisions 1, 2, 3 and  4  of  section  217  of  the  workers'
   34  compensation law, subdivision 1 as amended by chapter 167 of the laws of
   35  1999,  subdivisions  2  and  3  as amended by chapter 270 of the laws of
   36  1990, and subdivision 4 as added by chapter 600 of the laws of 1949, are
   37  amended to read as follows:
   38    1. (A) Written notice and proof of disability shall  be  furnished  to
   39  the  employer  by  or on behalf of the employee claiming benefits or, in
   40  the case of a claimant under section two hundred seven of this  article,
   41  to  the  chair,  within  thirty days after commencement of the period of
   42  disability. Additional proof shall be furnished thereafter from time  to
   43  time  as the employer or carrier or chair may require but not more often
   44  than once each week. Such proof shall include:
   45    (I) IN THE CASE OF DISABILITY RESULTING FROM INJURY, SICKNESS OR PREG-
   46  NANCY OF THE EMPLOYEE, a  statement  of  disability  by  the  employee's
   47  attending  [physician  or attending podiatrist or attending chiropractor
   48  or attending dentist or attending psychologist  or  attending  certified
   49  nurse midwife, or in the case of an employee who adheres to the faith or
   50  teachings  of any church or denomination, and who in accordance with its
   51  creed, tenets or principles depends  for  healing  upon  prayer  through
   52  spiritual  means  alone  in  the  practice of religion, by an accredited
   53  practitioner, containing facts and opinions as  to  such  disability  in
   54  compliance with regulations of the chair.] HEALTH CARE PROVIDER; AND
   55    (II)  IN THE CASE OF FAMILY CARE FOR BONDING WITH A NEW CHILD, A BIRTH
   56  CERTIFICATE, CERTIFICATE OF ADOPTION, OR OTHER COMPETENT EVIDENCE  SHOW-
       S. 4205                            129
    1  ING  THAT  THE EMPLOYEE IS THE PARENT OF A CHILD WITHIN TWELVE MONTHS OF
    2  THAT CHILD'S BIRTH OR PLACEMENT FOR ADOPTION OR  FOSTER  CARE  WITH  THE
    3  EMPLOYEE.
    4    (B)  Failure  to  furnish  notice  or proof within the time and in the
    5  manner [above] provided IN PARAGRAPH (A) OF THIS SUBDIVISION  shall  not
    6  invalidate  the  claim  but no benefits shall be required to be paid for
    7  any period more than two weeks prior to the date on which  the  required
    8  proof  is  furnished unless it shall be shown to the satisfaction of the
    9  chair not to have been reasonably possible to  furnish  such  notice  or
   10  proof  and  that such notice or proof was furnished as soon as possible;
   11  provided, however, that no benefits shall be paid  unless  the  required
   12  proof of disability is furnished within twenty-six weeks after commence-
   13  ment  of  the  period of disability.   No limitation of time provided in
   14  this section shall run as against any person who  is  mentally  incompe-
   15  tent,  or physically incapable of providing such notice as a result of a
   16  serious medical condition, or a minor so long  as  such  person  has  no
   17  guardian of the person and/or property.
   18    2.  An  employee claiming benefits FOR THE EMPLOYEE'S INJURY, SICKNESS
   19  OR PREGNANCY shall, as requested by  the  employer  or  carrier,  submit
   20  himself  or  herself  at  intervals,  but not more than once a week, for
   21  examination by a [physician or podiatrist or chiropractor or dentist  or
   22  psychologist  or  certified nurse midwife] RELEVANT HEALTH CARE PROVIDER
   23  designated by the employer or carrier. All such  examinations  shall  be
   24  without  cost to the employee and shall be held at a reasonable time and
   25  place.
   26    3. The chair may direct the claimant WHO SEEKS DISABILITY BENEFITS FOR
   27  HIS OR HER INJURY, SICKNESS OR PREGNANCY to submit to examination  by  a
   28  [physician  or  podiatrist  or  chiropractor or dentist or psychologist]
   29  RELEVANT HEALTH CARE PROVIDER designated by him or her in  any  case  in
   30  which  the claim to disability benefits is contested and in claims aris-
   31  ing under section two hundred seven OF THIS ARTICLE, and in other  cases
   32  as the chair or board may require.
   33    4.  Refusal  of  the claimant without good cause to submit to any such
   34  examination shall disqualify [him] THE CLAIMANT from all benefits  here-
   35  under  for  the  period  of  such refusal, except as to benefits already
   36  paid.
   37    S 12. Subdivision 2 of section 229 of the workers'  compensation  law,
   38  as  added  by  chapter  271  of  the laws of 1985, is amended to read as
   39  follows:
   40    2. (A) Whenever an employee of a covered employer who is eligible  for
   41  benefits  under section two hundred four of this article shall be absent
   42  from work due to a disability as defined in subdivision nine of  section
   43  two  hundred  one  of this article for more than seven consecutive days,
   44  the employer shall provide the employee with a written statement of  the
   45  employee's rights under this article in a form prescribed by the [chair-
   46  man]  CHAIR. The statement shall be provided to the employee within five
   47  business days after the employee's seventh consecutive  day  of  absence
   48  due  to disability or within five business days after the employer knows
   49  or should know that the employee's absence is due to disability,  which-
   50  ever is later.
   51    (B) EACH COVERED EMPLOYER SHALL PROVIDE EACH EMPLOYEE WITH A TYPEWRIT-
   52  TEN,  PRINTED  OR  ELECTRONIC  NOTICE IN A FORM PRESCRIBED BY THE CHAIR,
   53  STATING THAT THE EMPLOYER HAS PROVIDED FOR  THE  PAYMENT  OF  DISABILITY
   54  BENEFITS AS REQUIRED BY THIS ARTICLE WITHIN THIRTY DAYS OF THE EFFECTIVE
   55  DATE OF THIS PARAGRAPH.  EACH COVERED EMPLOYER SHALL PROVIDE SUCH NOTICE
   56  TO ALL NEW EMPLOYEES WITHIN THIRTY DAYS OF THEIR FIRST DAY OF WORK.
       S. 4205                            130
    1    S 13. Subdivision 2 of section 76 of the workers' compensation law, as
    2  added by chapter 600 of the laws of 1949, is amended to read as follows:
    3    2.  The purposes of the state insurance fund herein created are hereby
    4  enlarged to provide [for the] insurance [by the state insurance fund of]
    5  FOR the payment of the benefits required by section two hundred four  of
    6  this  chapter, INCLUDING BENEFITS FOR FAMILY CARE PROVIDED EITHER IN THE
    7  SAME POLICY WITH OR IN A SEPARATE POLICY FROM  BENEFITS  FOR  DISABILITY
    8  RESULTING FROM INJURY OR SICKNESS TO OR PREGNANCY OF AN EMPLOYEE, AND AS
    9  PROVIDED  PURSUANT  TO  SECTION TWO HUNDRED ELEVEN-A OF THIS CHAPTER.  A
   10  separate fund is hereby created within the state insurance  fund,  which
   11  shall  be  known  as  the  "disability  benefits  fund", and which shall
   12  consist of all premiums received and paid into said fund on  account  of
   13  such insurance, all securities acquired by and through the use of moneys
   14  belonging  to  said fund and of interest earned upon moneys belonging to
   15  said fund and deposited or invested as herein provided.  Said disability
   16  benefits fund shall be applicable to the payment of  benefits,  expenses
   17  and assessments on account of insurance written pursuant to article nine
   18  of this chapter.
   19    S  14.  Paragraph 3 of subsection (a) of section 1113 of the insurance
   20  law is amended to read as follows:
   21    (3) "Accident and health insurance," means (i) insurance against death
   22  or personal injury by accident or by any  specified  kind  or  kinds  of
   23  accident  and  insurance  against  sickness,  ailment  or bodily injury,
   24  including insurance providing disability benefits  pursuant  to  article
   25  nine  of  the  workers'  compensation law, INCLUDING ANY INSURANCE UNDER
   26  SUCH ARTICLE  FOR  FAMILY  CARE  BENEFITS,  AND/OR  DISABILITY  BENEFITS
   27  RESULTING  FROM INJURY, SICKNESS OR PREGNANCY OF AN EMPLOYEE ALL, except
   28  as specified in item (ii) [hereof] OF THIS PARAGRAPH; and (ii)  non-can-
   29  cellable  disability  insurance,  meaning  insurance  against disability
   30  resulting from sickness, ailment or bodily injury (but excluding  insur-
   31  ance solely against accidental injury) under any contract which does not
   32  give  the  insurer  the  option  to  cancel  or  otherwise terminate the
   33  contract at or after one year from its effective date or renewal date.
   34    S 15. This act shall take effect immediately.
   35    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
   36  sion, section or part of this act shall be  adjudged  by  any  court  of
   37  competent  jurisdiction  to  be invalid, such judgment shall not affect,
   38  impair, or invalidate the remainder thereof, but shall  be  confined  in
   39  its  operation  to the clause, sentence, paragraph, subdivision, section
   40  or part thereof directly involved in the controversy in which such judg-
   41  ment shall have been rendered. It is hereby declared to be the intent of
   42  the legislature that this act would  have  been  enacted  even  if  such
   43  invalid provisions had not been included herein.
   44    S  3.  This  act shall take effect immediately provided, however, that
   45  the applicable effective date of Parts A through GG of this act shall be
   46  as specifically set forth in the last section of such Parts.