STATE OF NEW YORK
________________________________________________________________________
S. 9005 A. 10005
SENATE - ASSEMBLY
January 21, 2026
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to amend chapter 268 of the laws of 1996 amending the education
law and the state finance law relating to providing a recruitment
incentive and retention program for certain active members of the New
York army national guard, New York air national guard, and New York
naval militia, in relation to making such chapter permanent (Part A);
to amend the tax law, in relation to extending the suspension of the
subsidy to state emergency services revolving loan fund from the
public safety communications surcharge (Part B); to amend the penal
law and the criminal procedure law, in relation to convertible pistols
and three-dimensional printed guns (Subpart A); and to amend the exec-
utive law and the general business law, in relation to firearm
prevention technology requirements for three-dimensional printers
(Subpart B)(Part C); to amend the penal law and the executive law, in
relation to establishing a comprehensive drone plan (Part D); to amend
the public health law, in relation to sexual offense evidence
collection kit procedures (Part E); to amend the penal law, in
relation to fraud offenses (Part F); to amend the executive law and
the state finance law, in relation to the motor vehicle theft and
insurance fraud prevention board (Part G); to amend the criminal
procedure law and the family court act, in relation to extending
orders of protection (Part H); to amend the criminal procedure law, in
relation to grand jury procedure (Part I); to amend the executive law,
in relation to authorities and responsibilities during disaster emer-
gencies and in relation to establishing the international emergency
management assistance compact (Part J); to amend the penal law, in
relation to certain crimes of interference with health care services
or religious worship (Part K); to amend the civil rights law, in
relation to establishing the sensitive location protection act (Part
L); to amend the civil rights law, in relation to enacting the "New
York state Bivens act" (Part M); to amend chapter 396 of the laws of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12670-01-6
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2010 amending the alcoholic beverage control law relating to
liquidator's permits and temporary retail permits, in relation to the
effectiveness thereof (Part N); to amend the alcoholic beverage
control law, in relation to allowing temporary retail permit holders
to purchase stock on credit (Subpart A); to amend the alcoholic bever-
age control law, relating to banning alcoholic beverage brand labels
designed to appeal to children (Subpart B); to amend the alcoholic
beverage control law, in relation to authorizing the liquor authority
to change the duration of certain licenses (Subpart C); to amend the
alcoholic beverage control law, in relation to authorizing channel
pricing for liquor and wine pursuant to the alcoholic beverage control
law (Subpart D); to amend the alcoholic beverage control law, in
relation to direct shipment enforcement (Subpart E); to amend part CC
of chapter 55 of the laws of 2024 amending the alcoholic beverage
control law, relating to alcohol in certain motion picture theatres,
in relation to making motion picture theater licenses permanent
(Subpart F); to repeal subdivision 9 of section 106 of the alcoholic
beverage control law, in relation to access to a licensed premises
(Subpart G); to amend the alcoholic beverage control law, in relation
to lowering the food requirements at bona-fide hotels (Subpart H); to
amend the alcoholic beverage control law, in relation to expanding
privileges for certain manufacturers (Subpart I); to amend the alco-
holic beverage control law, in relation to banning wholesalers from
assessing certain fees on retailers (Subpart J); and to amend the
alcoholic beverage control law, in relation to authorizing manufactur-
ers to have up to three retail licenses under the same name as the
manufacturer (Subpart K) (Part O); to amend the alcoholic beverage
control law, in relation to establishing an adult care facility
on-premises license (Subpart A); to amend the alcoholic beverage
control law, in relation to establishing an airline lounge license
(Subpart B); to amend the alcoholic beverage control law, in relation
to establishing a cafe license (Subpart C); to amend the alcoholic
beverage control law, in relation to establishing a higher education
on-premises license (Subpart D); to amend the alcoholic beverage
control law, in relation to establishing a hotel concessionaire
license and permit (Subpart E); to amend the alcoholic beverage
control law, in relation to establishing an early morning sports bar
permit (Subpart F); to amend the alcoholic beverage control law, in
relation to reissuing new wholesale beer licenses with retail privi-
leges (Subpart G); and to amend the alcoholic beverage control law, in
relation to making conforming changes (Subpart H) (Part P); to amend
the alcoholic beverage control law, in relation to establishing a
restaurant dine and dance license (Part Q); to amend the election law,
in relation to preventing voter suppression and deception in elections
(Part R); to amend the election law, in relation to the use of non-
consensual materially deceptive media prior to an election (Part S);
to amend the financial services law, in relation to dispute resolution
for emergency services and surprise bills (Part T); to amend the exec-
utive law and the legislative law, in relation to education and train-
ing in ethics and lobbying (Part U); to amend the public officers law,
in relation to the annual statement of financial disclosure; and to
amend the tax law and the administrative code of the city of New York,
in relation to making conforming technical changes (Part V); to amend
the workers' compensation law, in relation to establishing dedicated
workers' compensation fraud units within New York state district
attorneys' offices (Part W); to amend the workers' compensation law,
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in relation to specifying which providers are authorized to render
certain medical care; and to repeal certain provisions of such law
related thereto (Part X); to amend the state finance law and the
economic development law, in relation to purchasing and advertising
thresholds (Part Y); to amend the legislative law, in relation to
lobbyist and client registration fees (Part Z); to amend the executive
law, in relation to requiring the superintendent of state police to
develop, maintain, and disseminate to all members of the division of
state police a critical incident paid leave policy (Part AA); to amend
chapter 1 of the laws of 2005 amending the state finance law relating
to restricting contacts in the procurement process and the recording
of contacts relating thereto, in relation to extending the effective-
ness thereof; and to amend the state finance law, in relation to the
definition of procurement contracts (Part BB); to amend chapter 83 of
the laws of 1995 amending the state finance law and other laws relat-
ing to bonds, notes and revenues, in relation to the effectiveness of
certain provisions thereof (Part CC); to amend the civil practice law
and rules and the state finance law, in relation to the rate of inter-
est to be paid on judgment and accrued claims (Part DD); to amend the
civil service law, in relation to reimbursement for medicare premium
charges (Part EE); and in relation to providing for the administration
of certain funds and accounts related to the 2026--2027 budget,
authorizing certain payments and transfers; to amend the state finance
law, in relation to the school tax relief fund; to amend the private
housing finance law, in relation to housing program bonds and notes;
to amend part D of chapter 389 of the laws of 1997, relating to the
financing of the correctional facilities improvement fund and the
youth facility improvement fund, in relation to the issuance of bonds
and notes for the youth facilities improvement fund; to amend the
public authorities law, in relation to the issuance of bonds and notes
for city university facilities; to amend the public authorities law,
in relation to the issuance of bonds for library construction
projects; to amend the public authorities law, in relation to the
issuance of bonds for state university educational facilities; to
amend the public authorities law, in relation to the issuance of bonds
and notes for locally sponsored community colleges; to amend chapter
392 of the laws of 1973 constituting the New York state medical care
facilities finance agency act, in relation to the issuance of mental
health services facilities improvement bonds and notes; to amend part
K of chapter 81 of the laws of 2002, relating to providing for the
administration of certain funds and accounts related to the 2002-2003
budget, in relation to the issuance of bonds and notes to finance
capital costs related to homeland security; to amend chapter 174 of
the laws of 1968 constituting the urban development corporation act,
in relation to financing project costs for the office of information
technology services and department of law; 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 funds to the thruway authority; to
amend chapter 174 of the laws of 1968 constituting the urban develop-
ment corporation act, in relation to the issuance of bonds and notes
to fund costs for statewide equipment; to amend the public authorities
law, in relation to the issuance of bonds for purposes of financing
environmental infrastructure projects; to amend part D of chapter 389
of the laws of 1997, relating to the financing of the correctional
facilities improvement fund and the youth facility improvement fund,
S. 9005 4 A. 10005
in relation to the issuance of bonds and notes for the youth facili-
ties improvement fund; to amend the public authorities law, in
relation to the issuance of bonds and notes for the purpose of financ-
ing peace bridge projects and capital costs of state and local high-
ways; to amend chapter 174 of the laws of 1968 constituting the urban
development corporation act, in relation to the issuance of bonds for
economic development initiatives; to amend part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, in relation to the
issuance of bonds and notes for the purpose of financing capital
projects for the division of military and naval affairs; to amend
chapter 174 of the laws of 1968 constituting the urban development
corporation act, in relation to issuance of bonds for project costs
undertaken by or on behalf of the state education department, special
act school districts, state-supported schools for the blind and deaf,
approved private special education schools, non-public schools, commu-
nity centers, day care facilities, residential camps, day camps,
Native American Indian Nation schools; to amend the public authorities
law, in relation to the issuance of bonds and notes for the purpose of
financing the construction of the New York state agriculture and
markets food laboratory; to amend the public authorities law, in
relation to authorization for the issuance of bonds for the capital
restructuring financing program, the health care facility transforma-
tion programs, and the essential health care provider program; to
amend part Y of chapter 61 of the laws of 2005, relating to providing
for the administration of certain funds and accounts related to the
2005-2006 budget, in relation to the issuance of bonds and notes for
the purpose of financing capital projects for initiatives of the state
police; to amend chapter 174 of the laws of 1968 constituting the
urban development corporation act, in relation to personal income tax
revenue anticipation notes; to amend the state finance law, in
relation to the calculation of total outstanding principal amount of
debt; and providing for the repeal of certain provisions upon expira-
tion thereof (Part FF)
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. This act enacts into law major components of legislation
2 necessary to implement the state public protection and general govern-
3 ment budget for the 2026-2027 state fiscal year. Each component is whol-
4 ly contained within a Part identified as Parts A through FF. The effec-
5 tive date for each particular provision contained within such Part is
6 set forth in the last section of such Part. Any provision in any section
7 contained within a Part, including the effective date of the Part, which
8 makes a reference to a section "of this act", when used in connection
9 with that particular component, shall be deemed to mean and refer to the
10 corresponding section of the Part in which it is found. Section three of
11 this act sets forth the general effective date of this act.
12 PART A
13 Section 1. Section 5 of chapter 268 of the laws of 1996 amending the
14 education law and the state finance law relating to providing a recruit-
15 ment incentive and retention program for certain active members of the
S. 9005 5 A. 10005
1 New York army national guard, New York air national guard, and New York
2 naval militia, as amended by section 1 of part P of chapter 55 of the
3 laws of 2021, is amended to read as follows:
4 § 5. This act shall take effect January 1, 1997 [and shall expire and
5 be deemed repealed September 1, 2026; provided that any person who has
6 begun to receive the benefits of this act prior to its expiration and
7 repeal shall be entitled to continue to receive the benefits of this act
8 after its expiration and repeal until completion of a baccalaureate
9 degree or cessation of status as an active member, whichever occurs
10 first].
11 § 2. This act shall take effect immediately.
12 PART B
13 Section 1. Paragraph (b) of subdivision 6 of section 186-f of the tax
14 law, as amended by section 1 of part E of chapter 55 of the laws of
15 2024, is amended to read as follows:
16 (b) The sum of one million five hundred thousand dollars must be
17 deposited into the New York state emergency services revolving loan fund
18 annually; provided, however, that such sums shall not be deposited for
19 any state fiscal [years] year between two thousand eleven--two thousand
20 twelve, [two thousand twelve--two thousand thirteen, two thousand four-
21 teen--two thousand fifteen, two thousand fifteen--two thousand sixteen,
22 two thousand sixteen--two thousand seventeen, two thousand seventeen--
23 two thousand eighteen, two thousand eighteen--two thousand nineteen, two
24 thousand nineteen--two thousand twenty, two thousand twenty--two thou-
25 sand twenty-one, two thousand twenty-one--two thousand twenty-two, two
26 thousand twenty-two--two thousand twenty-three, two thousand twenty-
27 three--two thousand twenty-four, two thousand twenty-four--two thousand
28 twenty-five,] and [two thousand twenty-five--two thousand twenty-six]
29 two thousand twenty-nine--two thousand thirty;
30 § 2. This act shall take effect April 1, 2026; provided, however, if
31 this act shall become a law after such date it shall take effect imme-
32 diately and shall be deemed to have been in full force and effect on and
33 after April 1, 2026.
34 PART C
35 Section 1. This Part enacts into law components of legislation relat-
36 ing to three-dimensional printed guns and pistol converters. Each compo-
37 nent is wholly contained within a Subpart identified as Subparts A
38 through B. The effective date for each particular provision contained
39 within such Subpart is set forth in the last section of such Subpart.
40 Any provision in any section contained within a Subpart, including the
41 effective date of the Subpart, which makes reference to a section "of
42 this act", when used in connection with that particular component, shall
43 be deemed to mean and refer to the corresponding section of the Subpart
44 in which it is found. Section three of this Part sets forth the general
45 effective date of this Part.
46 SUBPART A
47 Section 1. Subdivisions 1, 3-a and 36 of section 265.00 of the penal
48 law, subdivision 3-a as added by chapter 134 of the laws of 2019 and
49 subdivision 36 as added by chapter 429 of the laws of 2024, are amended
S. 9005 6 A. 10005
1 and four new subdivisions 37, 38, 39 and 40 are added to read as
2 follows:
3 1. "Machine-gun" means a weapon of any description, irrespective of
4 size, by whatever name known, loaded or unloaded, from which a number of
5 shots or bullets may be rapidly or automatically discharged from a maga-
6 zine with one continuous pull of the trigger and includes a sub-machine
7 gun, and also includes any convertible pistol that is equipped with a
8 pistol converter.
9 3-a. "Major component of a firearm, rifle or shotgun" means the
10 barrel, the slide or cylinder, the frame, or receiver of the firearm,
11 rifle, or shotgun, regardless of whether such component is privately or
12 publicly manufactured.
13 36. "Pistol converter" means any device or instrument that, when
14 installed in or attached to the rear of the slide of a semi-automatic
15 pistol, replaces the backplate and interferes with the trigger mechanism
16 and thereby enables the pistol to discharge a number of shots or bullets
17 rapidly or automatically with one continuous pull of the trigger.
18 37. "Convertible pistol" means any semi-automatic pistol with a cruci-
19 form trigger bar that can be readily altered by hand or with common
20 household tools so that it can be converted into a machine-gun by the
21 installation or attachment of a pistol converter. As used in this
22 subdivision, "common household tools" means screwdrivers, pipe wrenches,
23 pliers, hacksaws, crowbars, electric drills or rotary tools, hammers,
24 chisels, files, and crescent wrenches. "Convertible pistol" does not
25 include hammer-fired semi-automatic pistols or any striker-fired semi-
26 automatic pistol lacking a cruciform trigger bar, which instead has a
27 trigger bar that is shielded from interference by a pistol converter. A
28 notch or other piece of polymer molded into the rear of a pistol frame
29 does not prevent ready conversion into a machine-gun and will not
30 prevent such pistol from qualifying as a convertible pistol under this
31 subdivision.
32 38. "Three-dimensional printer" means:
33 (a) any machine capable of rendering a three-dimensional object from a
34 digital design file using additive manufacturing; or
35 (b) any machine capable of making three-dimensional modifications to
36 an object from a digital design file using subtractive manufacturing.
37 39. "Digital firearm manufacturing code" means any digital
38 instructions in the form of computer-aided design files or other code or
39 instructions stored and displayed in electronic format as a digital
40 model that may be used to program a three-dimensional printer or a
41 computer numerical control (CNC) milling machine to manufacture or
42 produce any firearm, rifle, shotgun, ghost gun, unfinished frame or
43 receiver, firearm silencer, rapid-fire modification device or major
44 component of a firearm.
45 40. "Cruciform trigger bar" means a component in a semi-automatic
46 pistol that serves as a linkage between the trigger and the firing pin
47 and has its sear incorporated in a cross-shaped surface.
48 § 2. Subdivisions 1 and 2 of section 265.10 of the penal law, as
49 amended by chapter 481 of the laws of 2024, are amended and three new
50 subdivisions 10, 11 and 12 are added to read as follows:
51 1. Any person who manufactures or causes to be manufactured any
52 machine-gun, pistol converter, ghost gun, unfinished frame or receiver,
53 firearm silencer, major component of a firearm, assault weapon, large
54 capacity ammunition feeding device or disguised gun is guilty of a class
55 D felony. Any person who manufactures or causes to be manufactured any
56 rapid-fire modification device is guilty of a class E felony. Any person
S. 9005 7 A. 10005
1 who manufactures or causes to be manufactured any switchblade knife,
2 pilum ballistic knife, metal knuckle knife, undetectable knife, billy,
3 blackjack, bludgeon, plastic knuckles, metal knuckles, throwing star,
4 chuka stick, sandbag, sandclub or slungshot is guilty of a class A
5 misdemeanor.
6 2. Any person who transports or ships any machine-gun, pistol convert-
7 er, ghost gun, firearm silencer, assault weapon or large capacity ammu-
8 nition feeding device or disguised gun, or who transports or ships as
9 merchandise five or more firearms, is guilty of a class D felony. Any
10 person who transports or ships any rapid-fire modification device is
11 guilty of a class E felony. Any person who transports or ships as
12 merchandise any firearm, other than an assault weapon, switchblade
13 knife, pilum ballistic knife, undetectable knife, billy, blackjack,
14 bludgeon, plastic knuckles, metal knuckles, throwing star, chuka stick,
15 sandbag or slungshot is guilty of a class A misdemeanor.
16 10. Any person, dealer, firm, partnership, or corporation who disposes
17 of or transports or ships as merchandise a convertible pistol is guilty
18 of a class D felony.
19 11. Any person who sells, offers to sell, transfers, distributes, or
20 otherwise disposes of a digital firearm manufacturing code to any person
21 who does not hold both (a) a gunsmith license as provided in section
22 400.00 of this chapter and (b) a valid type seven federal firearms
23 license, is guilty of a class E felony.
24 12. Any person who possesses digital firearm manufacturing code with
25 the intent to (a) illegally manufacture any item described in section
26 265.00 of this article; (b) distribute to a person in the state of New
27 York for whom the sender has reason to believe would be prohibited from
28 possessing the manufactured or produced product under section 265.02 of
29 this chapter or subsection (G) of section 922 of title 18 of the United
30 States Code; or (c) distribute to a person in the state of New York who
31 does not hold both (i) a gunsmith license as provided in section 400.00
32 of this chapter and (ii) a valid type seven federal firearms license, is
33 guilty of a class E felony.
34 § 3. Section 265.20 of the penal law is amended by adding a new subdi-
35 vision f to read as follows:
36 f. Subdivision ten of section 265.10 of this article shall not apply
37 to the disposition of a convertible pistol or the transport or shipping
38 as merchandise of a convertible pistol for disposition to the following:
39 1. persons in the military service of the state of New York or the
40 United States when duly authorized by law or regulation to possess the
41 same; or
42 2. police officers as defined in subdivision thirty-four of section
43 1.20 of the criminal procedure law; or
44 3. peace officers as defined by section 2.10 of the criminal procedure
45 law when they are authorized to possess the same; or
46 4. persons engaging in the business of gunsmith or dealer in firearms
47 to whom a valid license therefor has been issued pursuant to section
48 400.00 of this chapter.
49 § 4. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
50 procedure law, as amended by chapter 23 of the laws of 2024, is amended
51 to read as follows:
52 (b) Any of the following felonies: assault in the second degree as
53 defined in section 120.05 of the penal law, assault in the first degree
54 as defined in section 120.10 of the penal law, reckless endangerment in
55 the first degree as defined in section 120.25 of the penal law, promot-
56 ing a suicide attempt as defined in section 120.30 of the penal law,
S. 9005 8 A. 10005
1 strangulation in the second degree as defined in section 121.12 of the
2 penal law, strangulation in the first degree as defined in section
3 121.13 of the penal law, criminally negligent homicide as defined in
4 section 125.10 of the penal law, manslaughter in the second degree as
5 defined in section 125.15 of the penal law, manslaughter in the first
6 degree as defined in section 125.20 of the penal law, murder in the
7 second degree as defined in section 125.25 of the penal law, murder in
8 the first degree as defined in section 125.27 of the penal law, rape in
9 the third degree as defined in section 130.25 of the penal law, rape in
10 the second degree as defined in section 130.30 of the penal law, rape in
11 the first degree as defined in section 130.35 of the penal law, a crime
12 formerly defined in section 130.40 of the penal law, a crime formerly
13 defined in section 130.45 of the penal law, a crime formerly defined in
14 section 130.50 of the penal law, sexual abuse in the first degree as
15 defined in section 130.65 of the penal law, unlawful imprisonment in the
16 first degree as defined in section 135.10 of the penal law, kidnapping
17 in the second degree as defined in section 135.20 of the penal law,
18 kidnapping in the first degree as defined in section 135.25 of the penal
19 law, labor trafficking as defined in section 135.35 of the penal law,
20 aggravated labor trafficking as defined in section 135.37 of the penal
21 law, custodial interference in the first degree as defined in section
22 135.50 of the penal law, coercion in the first degree as defined in
23 section 135.65 of the penal law, criminal trespass in the first degree
24 as defined in section 140.17 of the penal law, burglary in the third
25 degree as defined in section 140.20 of the penal law, burglary in the
26 second degree as defined in section 140.25 of the penal law, burglary in
27 the first degree as defined in section 140.30 of the penal law, criminal
28 mischief in the third degree as defined in section 145.05 of the penal
29 law, criminal mischief in the second degree as defined in section 145.10
30 of the penal law, criminal mischief in the first degree as defined in
31 section 145.12 of the penal law, criminal tampering in the first degree
32 as defined in section 145.20 of the penal law, arson in the fourth
33 degree as defined in section 150.05 of the penal law, arson in the third
34 degree as defined in section 150.10 of the penal law, arson in the
35 second degree as defined in section 150.15 of the penal law, arson in
36 the first degree as defined in section 150.20 of the penal law, grand
37 larceny in the fourth degree as defined in section 155.30 of the penal
38 law, grand larceny in the third degree as defined in section 155.35 of
39 the penal law, grand larceny in the second degree as defined in section
40 155.40 of the penal law, grand larceny in the first degree as defined in
41 section 155.42 of the penal law, health care fraud in the fourth degree
42 as defined in section 177.10 of the penal law, health care fraud in the
43 third degree as defined in section 177.15 of the penal law, health care
44 fraud in the second degree as defined in section 177.20 of the penal
45 law, health care fraud in the first degree as defined in section 177.25
46 of the penal law, robbery in the third degree as defined in section
47 160.05 of the penal law, robbery in the second degree as defined in
48 section 160.10 of the penal law, robbery in the first degree as defined
49 in section 160.15 of the penal law, unlawful use of secret scientific
50 material as defined in section 165.07 of the penal law, criminal
51 possession of stolen property in the fourth degree as defined in section
52 165.45 of the penal law, criminal possession of stolen property in the
53 third degree as defined in section 165.50 of the penal law, criminal
54 possession of stolen property in the second degree as defined by section
55 165.52 of the penal law, criminal possession of stolen property in the
56 first degree as defined by section 165.54 of the penal law, trademark
S. 9005 9 A. 10005
1 counterfeiting in the second degree as defined in section 165.72 of the
2 penal law, trademark counterfeiting in the first degree as defined in
3 section 165.73 of the penal law, forgery in the second degree as defined
4 in section 170.10 of the penal law, forgery in the first degree as
5 defined in section 170.15 of the penal law, criminal possession of a
6 forged instrument in the second degree as defined in section 170.25 of
7 the penal law, criminal possession of a forged instrument in the first
8 degree as defined in section 170.30 of the penal law, criminal
9 possession of forgery devices as defined in section 170.40 of the penal
10 law, falsifying business records in the first degree as defined in
11 section 175.10 of the penal law, tampering with public records in the
12 first degree as defined in section 175.25 of the penal law, offering a
13 false instrument for filing in the first degree as defined in section
14 175.35 of the penal law, issuing a false certificate as defined in
15 section 175.40 of the penal law, criminal diversion of prescription
16 medications and prescriptions in the second degree as defined in section
17 178.20 of the penal law, criminal diversion of prescription medications
18 and prescriptions in the first degree as defined in section 178.25 of
19 the penal law, residential mortgage fraud in the fourth degree as
20 defined in section 187.10 of the penal law, residential mortgage fraud
21 in the third degree as defined in section 187.15 of the penal law, resi-
22 dential mortgage fraud in the second degree as defined in section 187.20
23 of the penal law, residential mortgage fraud in the first degree as
24 defined in section 187.25 of the penal law, escape in the second degree
25 as defined in section 205.10 of the penal law, escape in the first
26 degree as defined in section 205.15 of the penal law, absconding from
27 temporary release in the first degree as defined in section 205.17 of
28 the penal law, promoting prison contraband in the first degree as
29 defined in section 205.25 of the penal law, hindering prosecution in the
30 second degree as defined in section 205.60 of the penal law, hindering
31 prosecution in the first degree as defined in section 205.65 of the
32 penal law, sex trafficking as defined in section 230.34 of the penal
33 law, sex trafficking of a child as defined in section 230.34-a of the
34 penal law, criminal possession of a weapon in the third degree as
35 defined in subdivisions two, three and five of section 265.02 of the
36 penal law, criminal possession of a weapon in the second degree as
37 defined in section 265.03 of the penal law, criminal possession of a
38 weapon in the first degree as defined in section 265.04 of the penal
39 law, manufacture, transport, disposition and defacement of weapons and
40 dangerous instruments and appliances defined as felonies in subdivisions
41 one, two, [and] three, eleven, and twelve of section 265.10 of the penal
42 law, sections 265.11, 265.12 and 265.13 of the penal law, or prohibited
43 use of weapons as defined in subdivision two of section 265.35 of the
44 penal law, relating to firearms and other dangerous weapons, criminal
45 manufacture, sale or transport of an undetectable firearm, rifle or
46 shotgun as defined in section 265.50 of the penal law, or failure to
47 disclose the origin of a recording in the first degree as defined in
48 section 275.40 of the penal law;
49 § 5. The superintendent of the division of state police is authorized
50 to promulgate rules, regulations, and policies necessary to effectuate
51 the provisions of this act. Such superintendent shall, prior to the
52 effective date of this act and annually thereafter, publish a list of
53 pistols that the superintendent has determined to be convertible
54 pistols, as defined in section 265.00 of the penal law.
55 § 6. This act shall take effect on the ninetieth day after it shall
56 have become a law. Effective immediately, the addition, amendment and/or
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1 repeal of any rule or regulation necessary for the implementation of
2 this act on its effective date are authorized to be made and completed
3 on or before such effective date.
4 SUBPART B
5 Section 1. The executive law is amended by adding a new section 837-aa
6 to read as follows:
7 § 837-aa. Firearm prevention technology requirements for three-dimen-
8 sional printers. 1. As used in this section, the following terms shall
9 have the following meanings:
10 (a) "Three-dimensional printer" means:
11 (i) any machine capable of rendering a three-dimensional object from a
12 digital design file using additive manufacturing; or
13 (ii) any machine capable of making three-dimensional modifications to
14 an object from a digital design file using subtractive manufacturing.
15 (b) "Blocking technology" means hardware, software, firmware, or other
16 integrated technological measures capable of ensuring a three-dimension-
17 al printer will not proceed to print any print job unless the underlying
18 three-dimensional printing file has been evaluated by a firearms blue-
19 print detection algorithm and determined not to be a printing file that
20 would produce a firearm or illegal firearm parts.
21 (c) "Firearms blueprint detection algorithm" means a software service
22 that evaluates three-dimensional printing files, whether in the form of
23 stereolithography (STL) files or other computer aided design files or
24 geometric code, to determine if they can be used to program a three-di-
25 mensional printer to produce a firearm or illegal firearm parts, and
26 flag any such files to prevent their use to manufacture said firearm or
27 illegal firearm parts.
28 (d) "Illegal firearm parts" means an unfinished frame or receiver, a
29 major component of a firearm, or any part designed and intended for use
30 in converting a semi-automatic weapon into a machine gun, including, but
31 not limited to, a pistol converter.
32 (e) All other terms shall have the same meaning given to such terms in
33 section 265.00 of the penal law.
34 2. Within ninety days of the effective date of this section, the divi-
35 sion, the department of state, and the state university of New York
36 shall convene a working group which shall include experts in additive
37 manufacturing technology, artificial intelligence and digital security,
38 firearms regulation, public safety, consumer product safety, and any
39 other relevant disciplines determined by the division to be necessary to
40 perform the functions prescribed herein. No later than one year after
41 the working group convenes, the working group shall make recommendations
42 regarding the minimum safety standards a three-dimensional printer's
43 blocking technology must meet in order to comply with the requirements
44 of section three hundred ninety-six-eeee of the general business law.
45 Such recommendations shall address, at a minimum, available and appro-
46 priate types of blocking technology, including minimum performance stan-
47 dards for those technologies and for firearms blueprint detection algo-
48 rithms, necessary safeguards to reduce the risk of circumvention of
49 blocking technology, and alignment with existing state and federal law.
50 Provided, however, that if the working group determines that it is not
51 technologically feasible to require three-dimensional printers sold in
52 the state of New York to include blocking technology, the working group
53 shall so report, and no regulations shall be required to be promulgated
S. 9005 11 A. 10005
1 pursuant to this section, until such time as the working group deter-
2 mines that it is technologically feasible.
3 3. The division shall:
4 (a) within nine months of receiving the recommendations from the work-
5 ing group pursuant to subdivision two of this section, unless the work-
6 ing group reports that it is not technologically feasible to require
7 three-dimensional printers sold in New York to include blocking technol-
8 ogy, in consultation with the department of state, promulgate and
9 publish rules or regulations establishing performance standards for
10 blocking technology and any other rules and regulations as may be neces-
11 sary to carry out the provisions of this section and section three
12 hundred ninety-six-eeee of the general business law; and
13 (b) be authorized to create and maintain a library of firearms blue-
14 print files and illegal firearm parts blueprint files, and maintain and
15 update the library, including by adding new files that enable the three-
16 dimensional printing of firearms or illegal firearm parts. In further-
17 ance of this authorization, the division may designate another govern-
18 ment agency or an academic or research institution in this state to
19 assist with the creation and maintenance of the file library. The
20 library shall be made available to three-dimensional printer manufactur-
21 ers, vendors with demonstrated expertise in software development, or
22 experts in computational design or public safety, for the development or
23 improvement of blocking technology and firearm blueprint detection algo-
24 rithms. The division shall establish safeguards to prevent unauthorized
25 access to and misuse of the library and shall prohibit all persons who
26 are granted access to the library from misusing, selling, disseminating,
27 or otherwise publishing its contents.
28 § 2. The general business law is amended by adding a new section 396-
29 eeee to read as follows:
30 § 396-eeee. Three-dimensional printers. 1. No person, firm or corpo-
31 ration shall sell or deliver any three-dimensional printer in the state
32 of New York unless such printer is equipped with blocking technology,
33 and except as provided in subdivision two of this section, no such sale
34 or delivery shall be permitted unless the transferee meets in person
35 with the transferor to accomplish such sale or delivery. As used in this
36 section, the terms "three-dimensional printer" and "blocking technology"
37 shall have the same meaning as such terms are defined in subdivision one
38 of section eight hundred thirty-seven-aa of the executive law.
39 2. The provisions of subdivision one of this section regarding in
40 person sale or delivery shall not apply to purchases made by federal,
41 state, or local government agencies for the purpose of furnishing such
42 three-dimensional printers to employees in eligible professions.
43 3. Whenever the attorney general shall believe from evidence satisfac-
44 tory to them that any person, firm, corporation or association or agent
45 or employee thereof has engaged in or is about to engage in conduct
46 prohibited by this chapter they may bring an action in the name and on
47 behalf of the people of the state of New York to enjoin such unlawful
48 acts or practices and to obtain restitution of any moneys or property
49 obtained directly or indirectly by any such unlawful acts or practices.
50 In such action preliminary relief may be granted under article sixty-
51 three of the civil practice law and rules.
52 4. Any person, firm or corporation that violates the provisions of
53 this section shall be guilty of a violation punishable by a fine in an
54 amount not to exceed five thousand dollars for the first offense and in
55 an amount not to exceed ten thousand dollars for any subsequent offense.
S. 9005 12 A. 10005
1 5. Any person, firm, corporation or association that has been damaged
2 as a result of any person, firm or corporation whose acts or omissions
3 that violate the provisions of this section shall be entitled to bring
4 an action for recovery of damages or to enforce this article.
5 § 3. This act shall take effect immediately; provided, however, that
6 section two of this act shall take effect one year after the promulga-
7 tion of rules as provided for in subdivision 3 of section 837-aa of the
8 executive law, as added by section one of this act; provided further,
9 that the commissioner of the division of criminal justice services shall
10 notify the legislative bill drafting commission upon the promulgation of
11 such rules in order that the commission may maintain an accurate and
12 timely effective database of the official text of the laws of the state
13 of New York in furtherance of effectuating the provisions of section 44
14 of the legislative law and section 70-b of the public officers law.
15 § 2. Severability. If any clause, sentence, paragraph, section or
16 subpart of this act shall be adjudged by any court of competent juris-
17 diction to be invalid and after exhaustion of all further judicial
18 review, the judgment shall not affect, impair, or invalidate the remain-
19 der thereof, but shall be confined in its operation to the clause,
20 sentence, paragraph, section or subpart of this act directly involved in
21 the controversy in which the judgment shall have been rendered.
22 § 3. This act shall take effect immediately provided, however, that
23 the applicable effective date of Subparts A through B of this Part shall
24 be as specifically set forth in the last section of such Subparts.
25 PART D
26 Section 1. The penal law is amended by adding a new article 280 to
27 read as follows:
28 ARTICLE 280
29 OFFENSES RELATING TO UNLAWFUL USE OF A DRONE
30 Section 280.00 Definitions.
31 280.05 Unlawful use of a drone in the second degree.
32 280.10 Unlawful use of a drone in the first degree.
33 280.15 Aggravated unlawful use of a drone.
34 § 280.00 Definitions.
35 As used in this article, the following terms shall have the following
36 meanings:
37 1. "Drone" shall mean an unmanned aerial aircraft that is operated
38 without the possibility of direct human intervention from within or on
39 the aircraft.
40 2. "Drone operating system" shall mean the hardware and software that
41 manages flight control, navigation, and sensors for autonomous flight of
42 a drone.
43 3. "Nefarious manner" means engaging in conduct that violates or
44 facilitates a violation of any provision of the penal law; constitutes
45 intentional and unauthorized surveillance of a prohibited space; inter-
46 feres with emergency operations; facilitates criminal activity; or
47 creates a significant risk of physical injury to a person or damage to
48 property.
49 4. "Prohibited space" means any area within five hundred feet of: an
50 airport; state or federal military installation; state, local, or feder-
51 al correctional facility; police station; fire department station; emer-
52 gency services dispatch station; large public gathering, such as a
53 concert, festival, or sporting event; any critical infrastructure, as
54 defined in subdivision five of section eighty-six of the public officers
S. 9005 13 A. 10005
1 law; and any school as defined in subdivision ten of section eleven
2 hundred twenty-five of the education law.
3 § 280.05 Unlawful use of a drone in the second degree.
4 A person commits unlawful use of a drone in the second degree when
5 such person:
6 1. operates a drone in a nefarious manner;
7 2. operates a drone over prohibited space without express prior
8 approval from someone the person reasonably believes has the authority
9 to grant such approval; or
10 3. a governmental employee acting in a manner consistent with such
11 employee's governmental duties shall not be deemed to be committing
12 unlawful use of a drone.
13 Unlawful use of a drone in the second degree is a class A misdemeanor.
14 § 280.10 Unlawful use of a drone in the first degree.
15 A person commits unlawful use of a drone in the first degree when such
16 person:
17 1. commits the crime of unlawful use of a drone in the second degree
18 after having been previously convicted of that crime; or
19 2. commits the crime of unlawful use of a drone in the second degree
20 in furtherance of another crime.
21 Unlawful use of a drone in the first degree is a class E felony.
22 § 280.15 Aggravated unlawful use of a drone.
23 A person commits aggravated unlawful use of a drone when such person
24 commits the crime of unlawful use of a drone in the first degree after
25 having been previously convicted of such crime.
26 Aggravated unlawful use of a drone is a class D felony.
27 § 2. The executive law is amended by adding a new section 236 to read
28 as follows:
29 § 236. Drones. 1. The terms used in this section shall have the same
30 meaning as given in section 280.00 of the penal law.
31 2. A police officer as defined by subdivision thirty-four of section
32 1.20 of the criminal procedure law, or a peace officer as defined by
33 section 2.10 of the criminal procedure law, acting within such peace
34 officer's geographical jurisdiction, may take reasonable and necessary
35 mitigation measures against a credible threat that a drone poses to the
36 safety or security of people and/or prohibited spaces. Such measures
37 may include but not be limited to any of the following:
38 (a) The use of detection, tracking, and identification methods of a
39 drone and/or drone operating system.
40 (b) The interception or disabling of a drone and/or drone operating
41 system through legal and safe methods, including but not limited to both
42 kinetic and non-kinetic mitigation measures.
43 (c) A law enforcement officer or agency may only use kinetic measures
44 when non-kinetic measures have or would reasonably be expected to fail.
45 3. (a) A qualifying police officer or peace officer shall act pursuant
46 to subdivision two of this section only if: (i) the officer has
47 completed the training required by the superintendent or the superinten-
48 dent's designee; and (ii) there is reasonable suspicion that the drone
49 is operating in a nefarious manner, within prohibited space, or is about
50 to operate in a nefarious manner and/or within a prohibited space.
51 (b) Within forty-eight hours of utilizing any mitigation measures
52 authorized by this section, the agency employing the officer who
53 utilized such measures shall report such utilization to the superinten-
54 dent or the superintendent's designee, in the form and manner
55 prescribed by the superintendent, in addition to any reporting required
56 by federal law.
S. 9005 14 A. 10005
1 4. The superintendent may designate one or more areas of the state as
2 a space to test kinetic and non-kinetic mitigation measures.
3 5. The superintendent shall establish a registry known as "the New
4 York state blue list." Such registry shall include vetted and approved
5 vendors that comply with applicable federal requirements. Upon publica-
6 tion of the registry, the state, its agencies, and any political subdi-
7 visions of the state may only buy or lease drones and drone mitigation
8 technology from vendors listed on such registry.
9 § 3. Severability. If any clause, sentence, paragraph, section, or
10 part of this act shall be adjudged by any court of competent jurisdic-
11 tion to be invalid, such judgment shall not affect, impair or invalidate
12 the remainder thereof, but shall be confined in its operation to the
13 clause, sentence, paragraph, section, or part thereof directly involved
14 in the controversy in which such judgment shall have been rendered.
15 § 4. This act shall take effect on the ninetieth day after it shall
16 have become a law.
17 PART E
18 Section 1. Subdivision 2 of section 2805-i of the public health law,
19 as amended by section 1 of part II of chapter 56 of the laws of 2021,
20 paragraph (j) as amended by chapter 646 of the laws of 2025, is amended
21 to read as follows:
22 2. Sexual offense evidence shall be collected and maintained as
23 follows:
24 (a) All sexual offense evidence shall be kept in a locked, separate
25 and secure area for twenty years from the date of collection or until
26 the victim's fortieth birthday, whichever is later; provided that such
27 evidence shall be transferred to a new location(s) pursuant to this
28 subdivision.
29 (b) Sexual offense evidence shall include, but not be limited to,
30 slides, cotton swabs, clothing and other items. Where appropriate, such
31 items shall be refrigerated and the clothes and swabs shall be dried,
32 stored in paper bags, and labeled. Each item of evidence shall be marked
33 and logged with a code number corresponding to the alleged sexual
34 offense victim's medical record.
35 (c) Upon collection, the hospital shall notify the alleged sexual
36 offense victim that, after twenty years or until the victim's fortieth
37 birthday, whichever is later, the sexual offense evidence will be
38 discarded in compliance with state and local health codes and that the
39 alleged sexual offense victim's clothes or personal effects will be
40 returned to the alleged sexual offense victim at any time upon request.
41 The alleged sexual offense victim shall be given the option of providing
42 contact information for purposes of receiving notice of the planned
43 destruction of such evidence after the expiration of the twenty-year
44 period or until the victim's fortieth birthday, whichever is later.
45 (d) Until September thirtieth, two thousand twenty-two, or earlier if
46 determined feasible by the director of budget, hospitals shall be
47 responsible for securing long-term sexual offense evidence pursuant to
48 this section, after which such storage shall be the responsibility of
49 the office of victim services. Hospitals may enter into contracts with
50 other entities that will ensure appropriate and secure long-term storage
51 of sexual offense evidence pursuant to this section until September
52 thirtieth, two thousand twenty-two.
53 (e) Beginning April first, two thousand eighteen, the department, the
54 office of victim services, the division of criminal justice services and
S. 9005 15 A. 10005
1 the division of state police shall jointly study, evaluate and make
2 recommendations concerning the storage and monitoring of sexual offense
3 evidence for twenty years, including studying options for the use of:
4 state-owned or operated facilities; facilities owned or operated by
5 local government or law enforcement agencies; and facilities owned or
6 operated by private entities.
7 (f) Between thirty and ten days prior to the transfer of sexual
8 offense evidence to the office of victim services, hospitals shall make
9 diligent efforts to notify the alleged sexual offense victim of the
10 transfer of custody for the remainder of the twenty-year storage period
11 or until the victim's fortieth birthday, whichever is later.
12 (g) On September thirtieth, two thousand twenty-two, or earlier if
13 determined feasible by the director of budget, responsibility for long-
14 term storage of sexual offense evidence shall transfer to the office of
15 victim services.
16 (h) After September thirtieth, two thousand twenty-two, or earlier if
17 determined feasible by the director of budget, hospitals shall ensure
18 transfer of sexual offense evidence collected pursuant to this section
19 to the office of victim services within ten days of collection of such
20 evidence, while maintaining chain of custody.
21 (i) At least ninety days prior to the expiration of the twenty-year
22 storage period for any sexual offense evidence or until the victim's
23 fortieth birthday, whichever is later, the office of victim services
24 shall make diligent efforts to contact the alleged sexual offense victim
25 to notify the alleged sexual offense victim that the sexual offense
26 evidence will be discarded in compliance with state and local health
27 codes and that the alleged sexual offense victim's clothes and personal
28 effects will be returned to the alleged sexual offense victim upon
29 request.
30 (j) (1) Notwithstanding any other provision in this section, sexual
31 offense evidence shall not continue to be stored where:
32 (i) such evidence is not privileged and law enforcement requests its
33 release, in which case the custodian or custodians shall comply with
34 such request; or
35 (ii) such evidence is privileged and either (A) the alleged sexual
36 offense victim gives permission to release the evidence to law enforce-
37 ment, upon which law enforcement must retrieve the evidence within seven
38 days of such permission and report such evidence in the statewide elec-
39 tronic tracking system pursuant to subdivision eight of this section, or
40 (B) the alleged sexual offense victim signs a statement directing the
41 custodian or custodians to dispose of the evidence, in which case the
42 sexual offense evidence will be discarded in compliance with state and
43 local health codes. Where the alleged sexual offense victim is under
44 the age of eighteen, a vulnerable elderly person, or an incompetent or
45 physically disabled person as defined in section 260.31 of the penal
46 law, the office of victim services shall not destroy sexual offense
47 evidence at the direction of a parent, guardian, conservator, or other
48 party.
49 (2) Where the alleged sexual offense victim is under the age of eigh-
50 teen and had capacity to independently consent to a forensic rape exam,
51 such victim may independently request the destruction of sexual offense
52 evidence or may independently make decisions impacting the status of
53 their kit as "reported" or "unreported" as defined in subparagraphs
54 three and four of paragraph (g) of subdivision eight of this section.
55 (k) Where the alleged sexual offense victim was under the age of eigh-
56 teen at the time of the alleged sexual offense, the office of victim
S. 9005 16 A. 10005
1 services shall, upon the victim's eighteenth birthday, make diligent
2 efforts to contact the alleged sexual offense victim and provide infor-
3 mation described in section six hundred forty-one of the executive law
4 and subparagraphs one, five, six, seven and eight of paragraph (a) of
5 subdivision six of this section.
6 § 2. Subparagraph 6 of paragraph (a) of subdivision 6 of section
7 2805-i of the public health law, as added by chapter 407 of the laws of
8 2018, is amended to read as follows:
9 (6) be notified between thirty and ten days prior to the transfer of a
10 sexual offense evidence kit from the hospital to another storage facili-
11 ty in accordance with paragraph (h) of subdivision two of this section,
12 the right to have a sexual offense evidence kit maintained at an appro-
13 priate storage facility for twenty years from the date of collection or
14 until the victim's fortieth birthday, whichever is later, the right, if
15 not previously consented to, to consent to release the evidence to law
16 enforcement at any time during the twenty years from collection, and the
17 right to be notified by such facility at least ninety days prior to the
18 expiration of the twenty-year storage period in accordance with para-
19 graph (k) of subdivision two of this section; and
20 § 3. Subdivision 7 of section 2805-i of the public health law, as
21 added by chapter 1 of the laws of 2000 and as renumbered by chapter 407
22 of the laws of 2018, is amended to read as follows:
23 7. [On or before November thirtieth, two thousand two, the commission-
24 er shall make a report to the governor, the temporary president of the
25 senate and the speaker of the assembly concerning the sexual assault
26 forensic examiner program established under subdivision four-b of this
27 section. Such report shall include an evaluation of the efficacy of such
28 program in obtaining useful forensic evidence in sexual offense cases
29 and assuring quality treatment to sex offense victims. Such report shall
30 also recommend whether this program should be expanded and shall esti-
31 mate the financial cost, if any, of such expansion.] (a) The division of
32 criminal justice services and the office of victim services, in consul-
33 tation with the division of state police forensic investigations center
34 and the department, shall convene a working group to:
35 (1) address the creation of a coordinated tracking system for sexual
36 offense evidence kits;
37 (2) assess and make recommendations related to the forensic testing of
38 sexual offense evidence collection kits when a survivor declines to
39 report to law enforcement; and
40 (3) make recommendations to strengthen existing sexual offense
41 evidence collection and testing for all sexual offense evidence kits.
42 (b) The working group shall report its findings and recommendations to
43 the governor, the temporary president of the senate, and the speaker of
44 the assembly on or before November thirtieth, two thousand twenty-six.
45 § 4. Subdivision 8 of section 2805-i of the public health law, as
46 amended by chapter 646 of the laws of 2025, is amended to read as
47 follows:
48 8. (a) The division of criminal justice services in consultation with
49 the department, the office of victim services, the division of state
50 police, and the New York State Coalition Against Sexual Assault shall
51 develop a statewide electronic tracking system for reported evidence
52 collection kits used to collect and preserve evidence of a sexual
53 assault or other sex offense. [Such statewide electronic tracking system
54 shall not include unreported evidence collection kits, provided, howev-
55 er, that any unreported evidence collection kits released by the office
56 of victim services to law enforcement pursuant to clause (A) of subpara-
S. 9005 17 A. 10005
1 graph (ii) of paragraph j of subdivision two of this section shall be
2 designated as reported evidence collection kits subject to the tracking
3 requirements set forth in this subdivision.]
4 (b) The division of criminal justice services shall promulgate rules
5 and guidelines to ensure that sexual assault evidence collection kits
6 are trackable on a statewide electronic tracking system developed pursu-
7 ant to this subdivision, and that survivors are given notice of how they
8 may track their own reported evidence collection kit. Such rules and
9 guidelines shall require that (i) hospitals collecting evidence
10 collection kits record the collection of any reported evidence
11 collection kits in the electronic tracking system and notify the appro-
12 priate law enforcement agency within forty-eight hours of such
13 collection, and (ii) law enforcement retrieve any reported evidence
14 collection kit from a hospital within seven days of being notified by a
15 hospital that a reported evidence collection kit has been collected. Any
16 hospital, law enforcement agency, forensic laboratory, or prosecutor
17 that has taken custody of an evidence collection kit used for a forensic
18 medical examination shall comply with the established protocols, rules
19 and guidelines established by the division of criminal justice services
20 pursuant to this paragraph.
21 (c) The statewide electronic tracking system shall:
22 (1) Track the location and status of each reported evidence collection
23 kit from collection to final disposition;
24 (2) Allow a hospital, law enforcement agency, accredited crime labora-
25 tory, prosecutor, employees of the long-term sexual offense evidence
26 storage facility, or any other entity providing a chain of custody for a
27 reported evidence collection kit, to update and track the status and
28 location of the reported evidence collection kits; [and]
29 (3) Allow a survivor to anonymously track or receive updates regarding
30 the status and location of such survivor's reported evidence collection
31 kit[.]; and
32 (4) Incorporate any relevant findings from the working group refer-
33 enced in subdivision seven of this section.
34 (d) No later than [January] December first, two thousand [twenty-five]
35 twenty-seven, any hospital, law enforcement agency, accredited crime
36 laboratory, prosecutor, employee of the long-term sexual offense
37 evidence storage facility, or any other entity providing a chain of
38 custody for a reported evidence collection kit to update and track the
39 status and location of such kit, shall participate in the tracking
40 system and comply with all established protocols, rules and guidelines.
41 A participating entity shall be permitted to access the entity's track-
42 ing information through the statewide electronic tracking system.
43 (e) Records entered into the tracking system are confidential. Records
44 relating to a reported evidence collection kit shall be accessed only by
45 the survivor for whom the reported evidence collection kit was
46 completed.
47 (f) The provisions of this subdivision shall apply to all reported
48 evidence collection kits submitted prior to, on, or after the effective
49 date of this subdivision.
50 (g) For purposes of this section:
51 (1) "evidence collection kit" shall mean a human biological specimen
52 or specimens collected by a healthcare provider during a forensic
53 medical examination from the victim of a sexual assault or other sex
54 offense;
55 (2) "survivor" shall mean an individual who is the victim of a sexual
56 offense from whom a human biological specimen or specimens were
S. 9005 18 A. 10005
1 collected by a healthcare provider during a forensic medical examina-
2 tion;
3 (3) "reported evidence collection kit" means a sexual assault evidence
4 kit in which the survivor has consented to evidence collection and
5 [reporting the sexual assault or other sex offense to law enforcement]
6 forensic testing; and
7 (4) "unreported evidence collection kit" means [evidence collection
8 kits controlled by the office of victims services pursuant to paragraph
9 (d) of subdivision two of this section] a sexual offense evidence
10 collection kit for which the survivor has not consented or has withdrawn
11 consent to either forensic testing or reporting to law enforcement.
12 § 5. This act shall take effect immediately; provided, however, that
13 sections one and two of this act shall take effect on the five hundred
14 forty-fifth day after it shall have become a law.
15 PART F
16 Section 1. Section 176.05 of the penal law, as amended by chapter 211
17 of the laws of 2011 and the closing paragraph as further amended by
18 section 104 of part A of chapter 62 of the laws of 2011, is amended to
19 read as follows:
20 § 176.05 Insurance fraud; defined.
21 1. A fraudulent insurance act is committed by any person who, knowing-
22 ly and with intent to defraud presents, causes to be presented, or
23 prepares with knowledge or belief that it will be presented to or by an
24 insurer, self insurer, or purported insurer, or purported self insurer,
25 or any agent thereof:
26 [1.] (a) any written statement as part of, or in support of, an appli-
27 cation for the issuance of, or the rating of a commercial insurance
28 policy, or certificate or evidence of self insurance for commercial
29 insurance or commercial self insurance, or a claim for payment or other
30 benefit pursuant to an insurance policy or self insurance program for
31 commercial or personal insurance that [he or she] such person knows to:
32 [(a)] (i) contain materially false information concerning any fact
33 material thereto; or
34 [(b)] (ii) conceal, for the purpose of misleading, information
35 concerning any fact material thereto; or
36 [2.] (b) any written statement or other physical evidence as part of,
37 or in support of, an application for the issuance of a health insurance
38 policy, or a policy or contract or other authorization that provides or
39 allows coverage for, membership or enrollment in, or other services of a
40 public or private health plan, or a claim for payment, services or other
41 benefit pursuant to such policy, contract or plan that [he or she] such
42 person knows to:
43 [(a)] (i) contain materially false information concerning any material
44 fact thereto; or
45 [(b)] (ii) conceal, for the purpose of misleading, information
46 concerning any fact material thereto.
47 Such policy or contract or plan or authorization shall include, but
48 not be limited to, those issued or operating pursuant to any public or
49 governmentally-sponsored or supported plan for health care coverage or
50 services or those otherwise issued or operated by entities authorized
51 pursuant to the public health law. For purposes of this subdivision an
52 "application for the issuance of a health insurance policy" shall not
53 include (i) any application for a health insurance policy or contract
54 approved by the superintendent of financial services pursuant to the
S. 9005 19 A. 10005
1 provisions of sections three thousand two hundred sixteen, four thousand
2 three hundred four, four thousand three hundred twenty-one or four thou-
3 sand three hundred twenty-two of the insurance law or any other applica-
4 tion for a health insurance policy or contract approved by the super-
5 intendent of financial services in the individual or direct payment
6 market; or (ii) any application for a certificate evidencing coverage
7 under a self-insured plan or under a group contract approved by the
8 superintendent of financial services.
9 2. A person who hires, requests, encourages, orchestrates, or invites
10 another individual to stage a motor vehicle accident, as that term is
11 defined in section 176.75 of this article, commits a fraudulent insur-
12 ance act, and the person who hired, requested, encouraged, orchestrated,
13 or invited the other to stage a motor vehicle accident shall be deemed
14 to have wrongfully taken, obtained, or withheld the full amount of loss
15 to the victim or victims of the fraudulent insurance act.
16 § 2. Section 176.15 of the penal law, as amended by chapter 515 of the
17 laws of 1986, is amended to read as follows:
18 § 176.15 Insurance fraud in the fourth degree.
19 A person is guilty of insurance fraud in the fourth degree when [he]
20 such person commits a fraudulent insurance act and thereby wrongfully
21 takes, obtains or withholds, or attempts to wrongfully take, obtain or
22 withhold property [with a value in excess of one thousand dollars].
23 Insurance fraud in the fourth degree is a class E felony.
24 § 3. Section 176.20 of the penal law, as amended by chapter 515 of the
25 laws of 1986, is amended to read as follows:
26 § 176.20 Insurance fraud in the third degree.
27 A person is guilty of insurance fraud in the third degree when [he]
28 such person commits [a] one or more fraudulent insurance [act] acts and
29 thereby wrongfully takes, obtains or withholds, or attempts to wrongful-
30 ly take, obtain or withhold property from a single insurer with a value
31 in excess of [three] one thousand dollars.
32 Insurance fraud in the third degree is a class D felony.
33 § 4. Section 176.25 of the penal law, as added by chapter 515 of the
34 laws of 1986, is amended to read as follows:
35 § 176.25 Insurance fraud in the second degree.
36 A person is guilty of insurance fraud in the second degree when [he]
37 such person commits [a] one or more fraudulent insurance [act] acts and
38 thereby wrongfully takes, obtains or withholds, or attempts to wrongful-
39 ly take, obtain or withhold property from a single insurer with a value
40 in excess of [fifty] three thousand dollars.
41 Insurance fraud in the second degree is a class C felony.
42 § 5. Section 176.30 of the penal law, as added by chapter 515 of the
43 laws of 1986, is amended to read as follows:
44 § 176.30 Insurance fraud in the first degree.
45 A person is guilty of insurance fraud in the first degree when [he]
46 such person commits [a] one or more fraudulent insurance [act] acts and
47 thereby wrongfully takes, obtains or withholds, or attempts to wrongful-
48 ly take, obtain or withhold property from a single insurer with a value
49 in excess of [one million] fifty thousand dollars.
50 Insurance fraud in the first degree is a class B felony.
51 § 6. Section 177.10 of the penal law, as added by chapter 442 of the
52 laws of 2006, is amended to read as follows:
53 § 177.10 Health care fraud in the fourth degree.
54 A person is guilty of health care fraud in the fourth degree when such
55 person, on one or more occasions, commits the crime of health care fraud
56 in the fifth degree and the payment or portion of the payment wrongfully
S. 9005 20 A. 10005
1 received, as the case may be, from a single health plan, [in a period of
2 not more than one year,] exceeds [three] one thousand dollars in the
3 aggregate.
4 Health care fraud in the fourth degree is a class E felony.
5 § 7. Section 177.15 of the penal law, as added by chapter 442 of the
6 laws of 2006, is amended to read as follows:
7 § 177.15 Health care fraud in the third degree.
8 A person is guilty of health care fraud in the third degree when such
9 person, on one or more occasions, commits the crime of health care fraud
10 in the fifth degree and the payment or portion of the payment wrongfully
11 received, as the case may be, from a single health plan, [in a period of
12 not more than one year,] exceeds [ten] three thousand dollars in the
13 aggregate.
14 Health care fraud in the third degree is a class D felony.
15 § 8. Section 177.20 of the penal law, as added by chapter 442 of the
16 laws of 2006, is amended to read as follows:
17 § 177.20 Health care fraud in the second degree.
18 A person is guilty of health care fraud in the second degree when such
19 person, on one or more occasions, commits the crime of health care fraud
20 in the fifth degree and the payment or portion of the payment wrongfully
21 received, as the case may be, from a single health plan, [in a period of
22 not more than one year,] exceeds fifty thousand dollars in the aggre-
23 gate.
24 Health care fraud in the second degree is a class C felony.
25 § 9. Section 177.25 of the penal law, as added by chapter 442 of the
26 laws of 2006, is amended to read as follows:
27 § 177.25 Health care fraud in the first degree.
28 A person is guilty of health care fraud in the first degree when such
29 person, on one or more occasions, commits the crime of health care fraud
30 in the fifth degree and the payment or portion of the payment wrongfully
31 received, as the case may be, from a single health plan, [in a period of
32 not more than one year,] exceeds one [million] hundred thousand dollars
33 in the aggregate.
34 Health care fraud in the first degree is a class B felony.
35 § 10. This act shall take effect immediately.
36 PART G
37 Section 1. Section 846-l of the executive law, as added by chapter 170
38 of the laws of 1994, subdivision 2 as amended by section 3, paragraph
39 (e) of subdivision 3 as amended by section 4, paragraph (h) of subdivi-
40 sion 3 as amended by section 5 of part T of chapter 57 of the laws of
41 2000, and paragraphs (e) and (g) of subdivision 3 as further amended by
42 section 104 of part A of chapter 62 of the laws of 2011, is amended to
43 read as follows:
44 § 846-l. New York motor vehicle theft and insurance fraud prevention
45 board. 1. There is hereby created in the division of criminal justice
46 services the New York motor vehicle theft and insurance fraud prevention
47 board (hereinafter "board"), which shall consist of the following
48 members:
49 (a) The commissioner of criminal justice services (hereinafter
50 "commissioner"), or [his] their designee, who shall serve as the voting
51 chairperson of the board;
52 (b) The commissioner of the department of motor vehicles, or their
53 designee;
54 (c) The chief judge of the court of appeals, or their designee;
S. 9005 21 A. 10005
1 (d) The superintendent of the state police, or their designee;
2 (e) Three [voting] members appointed by the governor on the recommen-
3 dation of the speaker of the assembly provided, however, that no more
4 than two such appointments made pursuant to this paragraph shall be from
5 the same category of members as provided for in subdivision two of this
6 section.
7 [(c)] (f) Three [voting] members appointed by the governor on the
8 recommendation of the temporary president of the senate provided, howev-
9 er, that no more than two such appointments made pursuant to this para-
10 graph shall be from the same category of members as provided for in
11 subdivision two of this section; and
12 [(d)] (g) Five [voting] members appointed by the governor provided,
13 however, that no more than two such appointments made pursuant to this
14 paragraph shall be from the same category of members as provided for in
15 subdivision two of this section.
16 2. The members of the board appointed on the recommendation of the
17 speaker of the assembly and the temporary president of the senate, and
18 the members of the board appointed by the governor pursuant to paragraph
19 [(d)] (g) of subdivision one of this section, shall be representative of
20 consumers of motor vehicle insurance, motor vehicle insurance companies,
21 law enforcement agencies and the judicial system. The appointments shall
22 be made not later than one hundred eighty days after the date on which
23 this section shall have become law. [Members of the board who are not
24 public officials shall serve for a term of four years.] Members of the
25 board shall serve without compensation, except that members of the board
26 who are not public officials shall be entitled to receive reasonable
27 reimbursement for expenses incurred by them in performance of their
28 duties as members of the board. [A majority of the members of the board
29 shall constitute a quorum for the transaction of business at a meeting.
30 Action may be taken by the board at a meeting upon a vote of the majori-
31 ty of its members present. Every member of the board shall be entitled
32 to designate a representative to attend, in his or her place, a meeting
33 of the board and to vote or otherwise act in his or her behalf,
34 provided, however, that a member may not designate such a representative
35 more than once each year. Written notice of such designation shall be
36 furnished to the board by the designating member prior to any meeting
37 attended by his or her representative. Any such representative shall
38 serve at the pleasure of the designating member. No such representative
39 shall be authorized to delegate any of his or her duties or functions to
40 any other person.] The board shall meet at [least four times each year,
41 and at other times at] the call of the chairperson [or upon the written
42 request of two-thirds of the members of the board] and may establish its
43 own rules and procedures concerning the conduct of its meetings and
44 other affairs not inconsistent with law.
45 3. The board shall make recommendations for improving the quality and
46 effectiveness of the program.
47 4. The commissioner or their designee shall[, pursuant to the recom-
48 mendation of the board,] have the power and duty to:
49 (a) Make, execute, and deliver contracts, conveyances, and other
50 instruments necessary to effect the purposes and objectives of the
51 program;
52 (b) Accept any grant, including federal grants, or any other contrib-
53 utions for the purposes of the program. Any moneys so received shall be
54 expended by the commissioner for the program's purposes, pursuant to
55 appropriation and subject to the applicable provisions of the state
56 finance law;
S. 9005 22 A. 10005
1 (c) Make grants pursuant to a request for proposals process;
2 (d) Appoint such employees and agents as the commissioner may deem
3 necessary, fix their compensation within the limitations provided by
4 law, and prescribe their duties;
5 (e) Request from the division of state police, from county or munici-
6 pal police departments and agencies, from the department of financial
7 services, from the department of motor vehicles, from the office of
8 court administration, from any other state department or agency or
9 public authority, or from any insurer which offers motor vehicle insur-
10 ance such assistance and data as are useful for the purposes and objec-
11 tives of the program;
12 (f) Cooperate with and assist political subdivisions of the state in
13 the development of local programs to prevent motor vehicle theft and
14 insurance fraud;
15 (g) Advise and assist the superintendent of financial services pursu-
16 ant to section two thousand three hundred forty-eight of the insurance
17 law; and
18 (h) Submit, no later than [February] September fifteenth of each year
19 to the governor and the chairperson of the senate finance committee and
20 the chairperson of the assembly ways and means committee, a [written]
21 report on the board's activities, the activities of grant recipients,
22 the results achieved by the grant recipients in improving the detection,
23 prevention or reduction of motor vehicle theft and insurance fraud and
24 the impact such efforts may have on motor vehicle insurance rates.
25 (i) Nothing shall prohibit the commissioner from exercising any powers
26 provided in this article should the board fail to make any recommenda-
27 tions.
28 § 2. Subdivision 1 of section 846-m of the executive law, as amended
29 by section 6 of part T of chapter 57 of the laws of 2000, is amended to
30 read as follows:
31 1. In accordance with the legislative intent of this article, the
32 [board shall develop and recommend to the] commissioner shall develop a
33 plan of operation which shall provide for a coordinated approach to
34 curtailing motor vehicle theft and motor vehicle insurance fraud
35 throughout the state. The plan shall provide an integrated means to
36 detect, prevent, deter and reduce motor vehicle theft and motor vehicle
37 insurance fraud by providing funds, [upon the recommendation of the
38 board and] approved by the commissioner, to meet these objectives. The
39 plan of operation [shall] may include but not be limited to: an assess-
40 ment of the scope of the problem of motor vehicle theft and motor vehi-
41 cle insurance fraud, including a regional analysis of the incidence of
42 motor vehicle theft and motor vehicle insurance fraud and related activ-
43 ities; an analysis of various methods of combating the problem; and the
44 development of a request for proposals process, consistent with the
45 plan, for applications from provider agencies to receive grants from the
46 fund.
47 § 3. Paragraphs (c) and (d) of subdivision 2 of section 846-m of the
48 executive law, paragraph (c) as amended by section 6 of part T of chap-
49 ter 57 of the laws of 2000 and paragraph (d) as amended by section 9 of
50 part T of chapter 56 of the laws of 2009, are amended to read as
51 follows:
52 (c) In allocating the moneys for the program, the commissioner[, upon
53 recommendation of the board,] shall, to the greatest extent possible,
54 take into account the geographic incidence of motor vehicle theft and
55 insurance fraud, whereby localities with the greatest incidence of motor
S. 9005 23 A. 10005
1 vehicle theft and insurance fraud shall be targeted for the purposes of
2 this program.
3 (d) The state comptroller [shall] may conduct an audit of all moneys
4 received and expended by the fund as well as all other funds expended
5 from any other source for the purposes of this program, and shall submit
6 a written report detailing such audit to the governor and legislature on
7 or before [March] September first of each year.
8 § 4. Subdivision 4 of section 89-d of the state finance law, as
9 amended by chapter 170 of the laws of 1994, is amended to read as
10 follows:
11 4. The moneys received by such fund shall be expended pursuant to
12 appropriation only to fund provider agencies which have been awarded
13 grants by the [motor vehicle theft and insurance fraud prevention board
14 established] commissioner of the division of criminal justice services
15 pursuant to section eight hundred forty-six-l of the executive law. All
16 moneys expended pursuant to this subdivision shall be for the reimburse-
17 ment of costs incurred by provider agencies.
18 § 5. This act shall take effect immediately.
19 PART H
20 Section 1. Subdivision 4 of section 530.12 of the criminal procedure
21 law, as amended by chapter 589 of the laws of 1997, is amended to read
22 as follows:
23 4. The court may issue or extend a temporary order of protection ex
24 parte or on notice simultaneously with the issuance of a warrant for the
25 arrest of defendant. Such temporary order of protection [may] shall
26 continue in effect until the day the defendant subsequently appears in
27 court pursuant to such warrant or voluntarily or otherwise, and the
28 court shall so inform the defendant when issuing the order of
29 protection.
30 § 2. Subdivision 3 of section 530.13 of the criminal procedure law, as
31 amended by chapter 589 of the laws of 1997, is amended to read as
32 follows:
33 3. The court may issue or extend a temporary order of protection under
34 this section ex parte simultaneously with the issuance of a warrant for
35 the arrest of the defendant. Such temporary order of protection [may]
36 shall continue in effect until the day the defendant subsequently
37 appears in court pursuant to such warrant or voluntarily or otherwise,
38 and the court shall so inform the defendant when issuing the order of
39 protection.
40 § 3. Subdivision 3 of section 828 of the family court act, as amended
41 by chapter 530 of the laws of 1980, is amended to read as follows:
42 3. The court may issue or extend a temporary order of protection ex
43 parte or on notice simultaneously with the issuance of a warrant,
44 directing that the respondent be arrested and brought before the court,
45 pursuant to section eight hundred twenty-seven of this article. When
46 the respondent first appears in court, the court shall inform the
47 respondent that such temporary order of protection shall continue in
48 effect until the respondent subsequently appears in court.
49 § 4. This act shall take effect on the ninetieth day after it shall
50 have become a law.
51 PART I
S. 9005 24 A. 10005
1 Section 1. Paragraph (a) of subdivision 8 of section 190.30 of the
2 criminal procedure law, as added by chapter 279 of the laws of 2008, is
3 amended to read as follows:
4 (a) A business record as defined in rule forty-five hundred eighteen
5 of the civil practice law and rules generated by a business entity may
6 be received in such grand jury proceedings as evidence [of the following
7 facts and similar facts stated therein:
8 (i) a person's use of, subscription to and charges and payments for
9 communication equipment and services including but not limited to equip-
10 ment or services provided by telephone companies and internet service
11 providers, but not including recorded conversations or images communi-
12 cated thereby; and
13 (ii) financial transactions, and a person's ownership or possessory
14 interest in any account, at a bank, insurance company, brokerage,
15 exchange or banking organization as defined in section two of the bank-
16 ing law].
17 § 2. Paragraph (c) of subdivision 8 of section 190.30 of the criminal
18 procedure law, as added by chapter 279 of the laws of 2008, is amended
19 to read as follows:
20 (c) Any business record offered to a grand jury pursuant to paragraph
21 (a) of this subdivision that includes material [beyond that described in
22 such paragraph (a)] outside the scope of the business record as regular-
23 ly generated shall be redacted to exclude such additional material, or
24 received subject to a limiting instruction that the grand jury shall not
25 consider such additional material in support of any criminal charge.
26 § 3. Subparagraph (ii) of paragraph (b) of subdivision 1 of section
27 190.32 of the criminal procedure law, as amended by chapter 320 of the
28 laws of 2006, is amended and a new subparagraph (iii) is added to read
29 as follows:
30 (ii) More than twelve years old and who is likely to suffer very
31 severe emotional or mental stress if required to testify in person
32 concerning any crime defined in article one hundred thirty or two
33 hundred sixty or section 255.25, 255.26 or 255.27 of the penal law to
34 which the person was a witness or of which the person was a victim[.];
35 or
36 (iii) A witness, other than any witness who has waived immunity pursu-
37 ant to section 190.40 of this article, including a defendant, located
38 more than one hundred miles from the grand jury proceeding.
39 § 4. Subdivision 5 of section 190.32 of the criminal procedure law is
40 amended by adding a new paragraph (h) to read as follows:
41 (h) When a witness is designated a special witness pursuant to subpar-
42 agraph (iii) of paragraph (b) of subdivision one of this section, the
43 testimony of that witness shall be taken using remote videoconferencing
44 technology with the prosecutor conducting the questioning in the pres-
45 ence of the grand jury. The witness must swear or affirm (i) the witness
46 is not using notes or other material and (ii) that no other persons are
47 present except the witness. If a translator is necessary, the transla-
48 tor shall translate from the grand jury room as if the witness was phys-
49 ically present. The technology used pursuant to this section shall seek
50 to ensure that the communication be reasonably secure from interception
51 or eavesdropping by anyone other than the persons communicating, and
52 must ensure that the witness may be clearly heard, seen, and examined,
53 and that the witness can, at a minimum, clearly hear the prosecutor.
54 § 5. This act shall take effect immediately.
55 PART J
S. 9005 25 A. 10005
1 Section 1. Subdivision 1 of section 29-b of the executive law, as
2 amended by section 7 of part B of chapter 56 of the laws of 2010, is
3 amended to read as follows:
4 1. State use of disaster emergency response personnel and non-state
5 resource providers. a. The governor may, in [his or her] their
6 discretion, direct the state disaster preparedness commission to conduct
7 an emergency exercise or drill, under its direction, in which all or any
8 of the personnel and resources of the agencies of the commission of the
9 state may be utilized to perform the duties assigned to them in a disas-
10 ter, for the purpose of protecting and preserving human life or property
11 in a disaster. During a disaster or such drill or exercise, disaster
12 emergency response personnel in the state shall operate under the direc-
13 tion and command of the chair of such commission, and shall possess the
14 same powers, duties, rights, privileges and immunities as are applicable
15 in a civil defense drill held at the direction of the state civil
16 defense commission under the provisions of the New York state defense
17 emergency act.
18 b. The governor may deploy non-state resource providers to another
19 compact member jurisdiction under any compact in this article. When
20 authorized to provide assistance and deployed by the legally designated
21 state official or officials, non-state resource providers shall be
22 deemed agents of the state for purposes of the deployment and shall be
23 entitled to the rights and benefits provided to state resource providers
24 by the compact, subject to any terms and conditions of the requesting
25 state. Non-state resource providers shall not offer assistance to, or
26 request assistance from, another compact member jurisdiction. The divi-
27 sion of homeland security and emergency services shall serve as the
28 coordinator for offers and requests for assistance and facilitator of
29 the reimbursement of non-state resource providers by the requesting
30 state. The division of homeland security and emergency services shall
31 not be responsible for reimbursement until the division receives payment
32 from the requesting compact member jurisdiction.
33 § 2. The executive law is amended by adding a new section 29-k to read
34 as follows:
35 § 29-k. Northern emergency management assistance compact. Notwith-
36 standing any other law, the state, through the governor, may enter the
37 northern emergency management assistance compact (P.L. 112-282, ratified
38 by Congress on January fourteenth, two thousand thirteen). Such compact
39 shall be deemed ratified by the legislature upon the governor's certif-
40 ication to the temporary president of the senate, the speaker of the
41 assembly, and the secretary of state, that New York has entered into the
42 compact.
43 § 3. The executive law is amended by adding a new section 29-l to read
44 as follows:
45 § 29-l. International Emergency Management Assistance Compact.
46 Notwithstanding any other law, the state, through the governor, may
47 enter the compact established by the emergency management assistance
48 memorandum of understanding (executed on July eighteenth, two thousand
49 by the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode
50 Island, and Vermont and the Canadian provinces of New Brunswick,
51 Newfoundland, Nova Scotia, Prince Edward Island, and Quebec) at the
52 twenty-fifth conference of New England Governors and Eastern Canadian
53 Premiers, as authorized by Article II(j) of the Agreement between the
54 Government of the United States and the Government of Canada on Cooper-
55 ation in Comprehensive Emergency Planning and Management renewed on
56 December second, nineteen ninety-eight. Such compact shall be deemed
S. 9005 26 A. 10005
1 ratified by the legislature upon the governor's certification to the
2 temporary president of the senate, the speaker of the assembly, and the
3 secretary of state, that New York has entered into the compact.
4 § 4. This act shall take effect immediately.
5 PART K
6 Section 1. The section heading, subdivision 1 and subdivision 3 of
7 section 240.70 of the penal law, as added by chapter 635 of the laws of
8 1999, are amended to read as follows:
9 Criminal interference with health care services or access to a place
10 of religious worship in the second degree.
11 1. A person is guilty of criminal interference with health services or
12 access to a place of religious worship in the second degree when:
13 (a) by force or threat of force or by physical obstruction, [he or
14 she] such person intentionally injures, intimidates or interferes with,
15 or attempts to injure, intimidate or interfere with, another person
16 because such other person was or is obtaining or providing reproductive
17 health services; or
18 (b) by force or threat of force or by physical obstruction, [he or
19 she] such person intentionally injures, intimidates or interferes with,
20 or attempts to injure, intimidate or interfere with, another person in
21 order to discourage such other person or any other person or persons
22 from obtaining or providing reproductive health services; or
23 (c) by force or threat of force or by physical obstruction, [he or
24 she] such person intentionally injures, intimidates or interferes with,
25 or attempts to injure, intimidate or interfere with, another person
26 [because] when such person [was or is seeking to exercise the right of
27 religious freedom at] seeks to enter or exit a place of religious
28 worship, or to exercise the right of religious freedom therein; or
29 (d) [he or she] such person intentionally damages the property of a
30 health care facility, or attempts to do so, because such facility
31 provides reproductive health services, or intentionally damages the
32 property of a place of religious worship[.]; or
33 (e) with intent to alarm and annoy anyone who seeks to enter, exit,
34 work inside of, or use the services of either a reproductive health care
35 clinic or a house of worship, such person demonstrates or prepares to
36 demonstrate within twenty-five feet of distance from such facility,
37 including its parking lot, parking lot entrances, driveway and driveway
38 entrances of such facilities.
39 3. For purposes of this section:
40 (a) the term "health care facility" means a hospital, clinic, physi-
41 cian's office or other facility that provides reproductive health
42 services, and includes the building or structure in which the facility
43 is located and shall include the drive, entrance, entryway, or exit and
44 any public way or sidewalk that touches such building or structure;
45 (b) the term "interferes with" means to restrict a person's freedom of
46 movement;
47 (c) the term "intimidates" means to place a person in reasonable
48 apprehension of physical injury to [himself or herself] themself or to
49 another person;
50 (d) the term "physical obstruction" means rendering impassable ingress
51 to or egress from a facility that provides reproductive health services
52 or to or from a place of religious worship, or rendering passage to or
53 from such a facility or place of religious worship unreasonably diffi-
54 cult or hazardous; [and]
S. 9005 27 A. 10005
1 (e) the term "reproductive health services" means health care services
2 provided in a hospital, clinic, physician's office or other facility and
3 includes medical, surgical, counseling or referral services relating to
4 the human reproductive system, including services relating to pregnancy
5 or the termination of a pregnancy[.]; and
6 (f) the term "place of religious worship" shall mean any building or
7 structure that a reasonable person would know that religious adherents
8 collectively recognize as a place to regularly gather for or to hold
9 religious worship activities or provide religious education or instruc-
10 tion. A "place of religious worship" shall include any drive, entryway,
11 or exit and any public way or sidewalk that touches such building or
12 structure.
13 § 2. Section 240.71 of the penal law, as amended by chapter 493 of the
14 laws of 2009, is amended to read as follows:
15 § 240.71 Criminal interference with health care services or access to a
16 place of religious worship in the first degree.
17 A person is guilty of criminal interference with health care services
18 or access to a place of religious worship in the first degree when [he
19 or she]:
20 1. Such person commits the crime of criminal interference with health
21 care services or access to a place of religious worship in the second
22 degree and has been previously convicted of the crime of criminal inter-
23 ference with health care services or access to a place of religious
24 worship in the first or second degree or aggravated interference with
25 health care services in the first or second degree[.]; or
26 2. With intent to alarm and annoy anyone who seeks to enter, exit,
27 work inside of, or use the services of a reproductive health care facil-
28 ity or place of religious worship, such person demonstrates or prepares
29 to demonstrate either: (a) inside of a reproductive health care facility
30 or place of religious worship; or (b) with at least one other person,
31 outside of a reproductive health care facility or place of religious
32 worship within twenty-five feet of distance from such facility, includ-
33 ing its parking lot, parking lot entrances, driveway and driveway
34 entrances of such facilities.
35 Criminal interference with health care services or access to a place
36 of religious worship in the first degree is a class E felony.
37 § 3. Section 240.72 of the penal law, as added by chapter 493 of the
38 laws of 2009, is amended to read as follows:
39 § 240.72 Aggravated interference with health care services or access to
40 a place of religious worship in the second degree.
41 A person is guilty of the crime of aggravated interference with health
42 care services or access to a place of religious worship in the second
43 degree when [he or she] such person commits the crime of criminal inter-
44 ference with health care services or access to a place of religious
45 worship in violation of [paragraph (a) of] subdivision one of section
46 240.70 of this article and thereby causes physical injury to such other
47 person who was obtaining or providing, or was assisting another person
48 to obtain or provide reproductive health services, or to a person who
49 was entering, exiting, seeking to enter or exit, or inside of a place of
50 religious worship.
51 Aggravated interference with health care services or access to a place
52 of religious worship in the second degree is a class E felony.
53 § 4. Section 240.73 of the penal law, as added by chapter 493 of the
54 laws of 2009, is amended to read as follows:
55 § 240.73 Aggravated interference with health care services or access to
56 a place of religious worship in the first degree.
S. 9005 28 A. 10005
1 A person is guilty of the crime of aggravated interference with health
2 care services or access to a place of religious worship in the first
3 degree when [he or she] such person commits the crime of criminal inter-
4 ference with health care services or access to a place of religious
5 worship in violation of [paragraph (a) of] subdivision one of section
6 240.70 of this article and thereby causes serious physical injury to
7 such other person who was obtaining or providing, or who was assisting
8 another person to obtain or provide reproductive health services, or to
9 a person who was entering, exiting, seeking to enter or exit, or inside
10 of a place of religious worship.
11 Aggravated interference with health care services or access to a place
12 of religious worship in the first degree is a class C felony.
13 § 5. This act shall take effect on the sixtieth day after it shall
14 have become a law.
15 PART L
16 Section 1. This act shall be known and may be cited as the "sensitive
17 location protection act".
18 § 2. The civil rights law is amended by adding a new section 29 to
19 read as follows:
20 § 29. Sensitive locations. 1. Definitions. For purposes of this
21 section, the following terms shall have the following meanings:
22 (a) "Sensitive location" shall mean:
23 (i) a public school, non-public school, or any state-operated or
24 state-supported schools;
25 (ii) an institution of higher education;
26 (iii) the location of any program licensed, regulated, certified,
27 funded, or approved by the office of children and family services that
28 provides services to children, youth, or young adults, any legally
29 exempt childcare provider, a childcare program for which a permit to
30 operate such program has been issued by the New York city department of
31 health and mental hygiene pursuant to the health code of the city of New
32 York, nursery schools, preschools, and summer camps;
33 (iv) a health care facility, including a doctor's office, hospital, or
34 any location providing health or behavioral health services; or
35 (v) a house of worship, which shall mean any building or structure
36 that a reasonable person would know that religious adherents collective-
37 ly recognize as a place to regularly gather for or to hold religious
38 worship activities or provide religious education or instruction, such
39 as a church, synagogue, temple, or mosque.
40 (b) "Civil immigration enforcement" shall mean any immigration
41 enforcement actions other than enforcement of federal criminal law.
42 (c) "Deny access" shall mean declining to grant permission to enter
43 and declining to facilitate the entry of an individual to a sensitive
44 location.
45 2. Sensitive locations for civil immigration enforcement. (a) A sensi-
46 tive location that is owned or operated by a state or local governmental
47 entity or public authority, or a unit of the executive branch of the
48 state or of a local government in New York state that operates at a
49 sensitive location, shall deny access to any portion of the sensitive
50 location that is not accessible to the general public to any individual
51 seeking access for the purposes of civil immigration enforcement unless
52 the individual presents a valid warrant issued by a federal court estab-
53 lished under article III of the United States constitution or a judicial
54 order by a federal court established under article III of the United
S. 9005 29 A. 10005
1 States constitution authorizing them to take into custody the person who
2 is the subject of such warrant.
3 (b) A sensitive location that is privately owned or operated is
4 empowered to adopt policies and/or procedures, to the maximum extent
5 allowable under law, to deny access to any portion of the sensitive
6 location that is not accessible to the general public to any individual
7 seeking access for the purposes of civil immigration enforcement. Any
8 such policy or procedure shall not overcome any circumstance in which
9 the individual seeking access for the purposes of civil immigration
10 enforcement presents a valid warrant issued by a federal court estab-
11 lished under article III of the United States constitution or a judicial
12 order by a federal court established under article III of the United
13 States constitution authorizing them to take into custody the person who
14 is the subject of such warrant.
15 (c) A sensitive location that is privately owned or operated shall not
16 be liable under state law if it adopts any policy or practice of deny-
17 ing, or chooses to deny, access to any portion of a sensitive location
18 that is not accessible to the general public to any individual seeking
19 access for the purposes of civil immigration enforcement without
20 presenting a valid warrant issued by a federal court established under
21 article III of the United States constitution or a judicial order by a
22 federal court established under article III of the United States consti-
23 tution authorizing them to take into custody the person who is the
24 subject of such warrant.
25 3. Enforcement. The attorney general, an individual, or the owner or
26 operator of the sensitive location, including a local or state govern-
27 mental entity that operates out of a sensitive location, may apply for
28 an order to the supreme court of the state of New York to obtain appro-
29 priate equitable and declaratory relief with respect to any violation of
30 this section.
31 § 3. Severability. If any clause, sentence, paragraph, subdivision,
32 section or part of this act shall be adjudged by any court of competent
33 jurisdiction to be invalid, such judgment shall not affect, impair, or
34 invalidate the remainder thereof, but shall be confined in its operation
35 to the clause, sentence, paragraph, subdivision, section or part thereof
36 directly involved in the controversy in which such judgment shall have
37 been rendered. It is hereby declared to be the intent of the legislature
38 that this act would have been enacted even if such invalid provisions
39 had not been included herein.
40 § 4. This act shall take effect immediately.
41 PART M
42 Section 1. Short title. This act shall be known and may be cited as
43 the "New York state Bivens act".
44 § 2. The civil rights law is amended by adding a new article 8-A to
45 read as follows:
46 ARTICLE 8-A
47 NEW YORK STATE BIVENS ACT
48 Section 85. Legislative Intent.
49 86. Action for deprivation of constitutional rights by federal
50 officials acting under color of law.
51 87. Applicability to state and local officials.
52 88. Rule of construction.
53 89. Severability.
S. 9005 30 A. 10005
1 § 85. Legislative intent. 1. The people of the state of New York must
2 be guaranteed meaningful remedies, including but not limited to those
3 provided through the courts, when their constitutional rights are
4 violated by federal officials. Recent United States Supreme Court deci-
5 sions have curtailed the availability of such remedies against federal
6 officials under Bivens v. Six Unknown Named Agents, 408 U.S. 388 (1971).
7 The Supreme Court has repeatedly declined to extend damages actions to
8 new contexts and thereby left many victims of constitutional violations
9 without recourse.
10 2. a. Federal civil rights law, 42 U.S.C. § 1983, provides a private
11 right of action to recover damages and seek injunctive relief against
12 state and/or local officials when they violate an individual's constitu-
13 tional right while acting under color of law subject to available
14 defenses including qualified immunity. With respect to federal officers,
15 the Federal Tort Claims Act (FTCA), as amended by the Westfall Act,
16 provides the exclusive avenue for many common law damages actions
17 against federal officers acting within the scope of their employment.
18 The Westfall Act explicitly carves out from the FTCA's exclusive purview
19 "a civil action against an employee of the government which is brought
20 for a violation of the constitution of the United States." 28 U.S.C. §
21 2679(b)(2)(a). The plain text of this provision contains no limitation
22 on the scope of constitutional violations carved out from the FTCA's
23 exclusive purview, recognizing the well-established principle that
24 government agents act outside of the scope of their offices when they
25 violate the constitution.
26 b. While New Yorkers can seek remedies against state and local offi-
27 cials for constitutional violations, there remains a significant remedi-
28 al void for New Yorkers injured by unconstitutional conduct by federal
29 officials. Therefore, the legislature finds it necessary to provide an
30 avenue for claims for damages against any federal official, who, acting
31 under color of any law, statute, ordinance, regulation, custom, or
32 usage, deprives a person of rights secured by the United States Consti-
33 tution. The legislature intends for this statute to fall squarely with-
34 in the provision of the Westfall Act that carves out FTCA claims against
35 federal officials for violations of constitutional rights.
36 c. This article does not, nor is intended to, usurp federal authority,
37 nor does it discriminate against federal officials. This statute under-
38 scores the supremacy of the federal constitution by ensuring that its
39 guarantees remain enforceable for all New Yorkers against all persons
40 acting under color of any law. From the founding era through the nine-
41 teenth century, courts regularly adjudicated state lawsuits against
42 federal officers who exceeded lawful authority. Nothing in the constitu-
43 tion, federal statutes, or United States Supreme Court precedent fore-
44 closes such actions today. The legislature thus finds that New York
45 state may properly act to safeguard its residents' constitutional
46 rights.
47 3. The intent of this statute is to restore a meaningful avenue of
48 accountability consistent with federal supremacy, sovereignty, and the
49 long-standing principle that rights must be paired with remedies, as
50 such remedies already exist for unconstitutional actions taken by state
51 and local officials.
52 4. Accordingly, it is the intent of the legislature that this article
53 should be construed to provide parity between federal officials and
54 state and local officials such that claims brought under this article
55 against federal officials shall be subject to the exact same legal stan-
S. 9005 31 A. 10005
1 dards, legal defenses, and immunities that are provided to state and
2 local officials for causes of actions brought under 42 U.S.C. § 1983.
3 § 86. Action for deprivation of constitutional rights by federal offi-
4 cials acting under color of law. 1. Any federal official who, under
5 color of any law, statute, ordinance, regulation, custom, or usage,
6 subjects, or causes to be subjected, any citizen of the United States or
7 other person within the jurisdiction thereof to the deprivation of any
8 rights, privileges, or immunities secured by the constitution of the
9 United States, shall be liable to the party injured in an action at law,
10 suit in equity, or other proper proceeding for redress.
11 2. A defendant in an action under this section may assert any immunity
12 defense to the same extent as a defendant may raise in response to a
13 claim brought under 42 U.S.C. § 1983.
14 3. In any action brought under this section, the court may award:
15 a. Compensatory damages, including damages for emotional distress,
16 pain and suffering, and other non-economic damages;
17 b. Punitive damages where the violation is found to be malicious,
18 wanton, willful, or in reckless disregard of the plaintiff's rights;
19 c. Injunctive and declaratory relief;
20 d. Reasonable attorneys' fees and costs to a prevailing plaintiff; and
21 e. Expert fees as part of the reasonable attorneys' fees.
22 § 87. Applicability to state and local officials. In the event that 42
23 U.S.C. § 1983 is repealed or amended such that it removes or otherwise
24 further limits liability against state and/or local officials for
25 constitutional violations, this article shall automatically apply to
26 state and local officials in the same manner in which it applies to
27 federal officials.
28 § 88. Rule of construction. This article shall be construed so that
29 any legal standard, including a standard relating to liability, defense,
30 or immunity, that is applicable in a case brought against a state or
31 local official under 42 U.S.C. 1983 applies in a like action brought
32 against a federal official under this article.
33 § 89. Severability. If any clause, sentence, paragraph, section or
34 part of this act shall be adjudged by any court of competent jurisdic-
35 tion to be invalid and after exhaustion of all further judicial review,
36 the judgment shall not affect, impair or invalidate the remainder there-
37 of, but shall be confined in its operation to the clause, sentence,
38 paragraph, section or part of this act directly involved in the contro-
39 versy in which the judgment shall have been rendered.
40 § 3. This act shall take effect immediately.
41 PART N
42 Section 1. Section 5 of chapter 396 of the laws of 2010 amending the
43 alcoholic beverage control law relating to liquidator's permits and
44 temporary retail permits, as amended by section 1 of part Q of chapter
45 55 of the laws of 2025, is amended to read as follows:
46 § 5. This act shall take effect on the sixtieth day after it shall
47 have become a law, provided that paragraph (b) of subdivision 1 of
48 section 97-a of the alcoholic beverage control law as added by section
49 two of this act shall expire and be deemed repealed October 12, [2026]
50 2027.
51 § 2. This act shall take effect immediately.
52 PART O
S. 9005 32 A. 10005
1 Section 1. This act enacts into law components of legislation relating
2 to alcoholic beverage control licenses. Each component is wholly
3 contained within a Subpart identified as Subparts A through K. The
4 effective date for each particular provision contained within such
5 Subpart is set forth in the last section of such Subpart. Any provision
6 in any section contained within a Subpart, including the effective date
7 of the Subpart, which makes a reference to a section "of this act", when
8 used in connection with that particular component, shall be deemed to
9 mean and refer to the corresponding section of the Subpart in which it
10 is found. Section three of this part sets forth the general effective
11 date of this act.
12 SUBPART A
13 Section 1. Subdivision 6 of section 97-a of the alcoholic beverage
14 control law, as added by chapter 396 of the laws of 2010, is amended to
15 read as follows:
16 6. The holder of a temporary retail permit shall [purchase alcoholic
17 beverages only by payment in currency or check for such alcoholic bever-
18 ages on or before the day such alcoholic beverages are delivered,
19 provided, however, that the holder of a temporary permit issued pursuant
20 to this section who also holds one or more retail licenses and is oper-
21 ating under such retail license or licenses in addition to the temporary
22 retail permit, and who is not delinquent under the provisions of section
23 one hundred one-aa of this chapter as to any retail license under which
24 he operates, may purchase alcoholic beverages on credit under the tempo-
25 rary permit] be subject to sections one hundred one-aa and one hundred
26 one-aaa of this chapter.
27 § 2. This act shall take effect immediately.
28 SUBPART B
29 Section 1. Paragraph (c) of subdivision 5 of section 107-a of the
30 alcoholic beverage control law, as added by chapter 354 of the laws of
31 2013, is amended to read as follows:
32 (c) No brand or trade name label, or any separate label on the front
33 or back of the container shall contain:
34 (i) any statement that is false or untrue in any particular manner;
35 (ii) any statement that is disparaging of a competitor's product;
36 (iii) any statement, design, device or representation that is likely
37 to mislead the consumer; [or]
38 (iv) any statement or claim of health benefits to be derived from
39 consumption by the consumer[.]; or
40 (v) any statement, design, device, or representation that in the opin-
41 ion of the authority is intended to appeal to children and/or persons
42 under twenty-one years of age.
43 § 2. This act shall take effect immediately.
44 SUBPART C
45 Section 1. Section 57-a of the alcoholic beverage control law, as
46 amended by chapter 523 of the laws of 2023, is amended to read as
47 follows:
48 § 57-a. Change in duration of licenses. The liquor authority is
49 authorized to change the periods during which the licenses authorized by
50 sections fifty-one, fifty-one-a, fifty-three, fifty-three-a, fifty-four,
S. 9005 33 A. 10005
1 fifty-four-a, fifty-five and fifty-five-a of this article shall be
2 effective and to establish the commencement dates, duration and expira-
3 tion dates thereof, provided that no such license shall be effective for
4 a period in excess of three years. When any change or changes are made
5 in the duration of any such license, the license fee shall be equal to
6 the annual license fee specified in this article multiplied by the
7 number of years for which such license is issued. The liquor authority
8 may make such rules as shall be appropriate to carry out the purpose of
9 this section.
10 § 2. This act shall take effect immediately.
11 SUBPART D
12 Section 1. Paragraph (a) of subdivision 2 of section 101-b of the
13 alcoholic beverage control law, as amended by chapter 669 of the laws of
14 1989, is amended to read as follows:
15 (a) to discriminate, directly or indirectly, in price, in discounts
16 for time of payment or in discounts on quantity of merchandise sold,
17 between one wholesaler and another wholesaler, or between one retailer
18 and another retailer purchasing liquor or wine bearing the same brand or
19 trade name and of like age and quality, except that manufacturers and
20 wholesalers may utilize "channel pricing" by filing different prices
21 and/or quantity discounts for on-premises retailers and off-premises
22 retailers;
23 § 2. Section 101-b of the alcoholic beverage control law is amended by
24 adding a new subdivision 1-a to read as follows:
25 1-a. "Channel pricing" is allowed for manufacturers and wholesalers
26 when determining prices for sales of the same liquor and/or wine to
27 retailers in different channels. For purposes of this section, manufac-
28 turers and wholesalers can utilize different prices for retail licensees
29 who hold:
30 (a) an on-premises retail license issued pursuant to sections sixty-
31 four, sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d, sixty-
32 four-e, sixty-four-f or eighty-one of this chapter; or
33 (b) an off-premises retail license issued pursuant to sections sixty-
34 three or seventy-nine of this chapter.
35 § 3. Subdivision 7-a of section 3 of the alcoholic beverage control
36 law is amended by adding a new paragraph (c) to read as follows:
37 (c) "Channel pricing" shall mean the sale of liquor or wine at differ-
38 ent prices based solely upon whether the retail licensee holds:
39 (i) an on-premises retail license; or
40 (ii) an off-premises retail license. If a manufacturer or wholesaler
41 employs channel pricing, such pricing and quantity discounts shall be
42 made equally available to all similarly situated on-premises and off-
43 premises retail licensees within the same calendar month. Retailers who
44 own multiple licensed premises must continue to ensure that all alcohol-
45 ic beverage purchases are made individually by each retail licensed
46 premises except for retail-to-retail purchases made pursuant to subdivi-
47 sion two-b of section one hundred six of this chapter, or centralized
48 bookkeeping authorized purchases pursuant to subdivision twelve of
49 section one hundred six of this chapter.
50 § 4. Paragraph (b) of subdivision 3 of paragraph 101-b of the alcohol-
51 ic beverage control law, as amended by section 1 of part E of chapter 56
52 of the laws of 2006, is amended to read as follows:
53 (b) No brand of liquor or wine shall be sold to or purchased by a
54 retailer unless a schedule, as provided by this section, is transmitted
S. 9005 34 A. 10005
1 to and received by the liquor authority, and is then in effect. Such
2 schedule shall be transmitted to the authority in such form, manner,
3 medium and format as the authority may direct; shall be deemed duly
4 verified by the person submitting such schedule upon its transmission to
5 the authority; and shall contain, with respect to each item, the exact
6 brand or trade name, capacity of package, nature of contents, age and
7 proof where stated on the label, the number of bottles contained in each
8 case, the bottle and case price to retailers, the net bottle and case
9 price paid by the seller, which prices, in each instance, shall be indi-
10 vidual for each item and not in "combination" with any other item, the
11 discounts for quantity, if any, and the discounts for time of payment,
12 if any, except that mix and match quantity discounts may be price posted
13 to liquor and/or wine to retailers for multiple fanciful names, varie-
14 tals, vintages, years, and/or ages of liquor and/or wine manufactured by
15 the same manufacturer and featuring the same brand name on the front
16 label and are posted at the same front line case or bottle price, enabl-
17 ing retailers to choose from multiple cases or bottles of said multiple
18 fanciful names, varietals, vintages, years, and/or ages of liquor and/or
19 wine featuring the same brand name on the front label to add up to a
20 combined quantity discount level so long as all such brand items are
21 price posted with the same quantity discount level available in that
22 given month. Such brand of liquor or wine shall not be sold to retailers
23 except at the price and discounts then in effect unless prior written
24 permission of the authority is granted for good cause shown and for
25 reasons not inconsistent with the purpose of this chapter. Such schedule
26 shall be transmitted by each manufacturer selling such brand to retail-
27 ers and by each wholesaler selling such brand to retailers.
28 § 5. This act shall take effect on the one hundred eightieth day after
29 it shall have become a law and shall apply to all price postings
30 required to be filed on or after the effective date of this act. Effec-
31 tive immediately, the addition, amendment and/or repeal of any rule or
32 regulation necessary for the implementation of this act on its effective
33 date are authorized to be made and completed on or before such effective
34 date.
35 SUBPART E
36 Section 1. Subdivision 1 of section 102 of the alcoholic beverage
37 control law, as amended by chapter 242 of the laws of 1970, paragraphs
38 (a), (b) and (c) as amended and paragraph (d) as relettered by chapter
39 210 of the laws of 2005, is amended to read as follows:
40 1. (a) Except as provided in [section] sections thirty-five, fifty-
41 nine-b, sixty-eight, seventy-nine-c, ninety-four or ninety-six of this
42 chapter, no alcoholic beverages shall be shipped into the state unless
43 the same shall be consigned to a person duly licensed hereunder to traf-
44 fic in alcoholic beverages. This prohibition shall apply to all ship-
45 ments of alcoholic beverages into New York state and includes importa-
46 tion or distribution for commercial purposes, for personal use, or
47 otherwise, and irrespective of whether such alcoholic beverages were
48 purchased within or without the state, provided, however, this prohibi-
49 tion shall not apply to any shipment consigned to a New York resident
50 who has personally purchased alcoholic beverages for [his] personal use
51 while outside the United States for a minimum period of forty-eight
52 consecutive hours and which [he] such person has shipped as consignor to
53 [himself] themself as consignee. Purchases made outside the United
54 States by persons other than the purchaser [himself] themself, regard-
S. 9005 35 A. 10005
1 less whether made as [his] such person's agent, or by [his] their
2 authorization or on [his] their behalf, are deemed not to have been
3 personally purchased within the meaning of this paragraph. Violations of
4 this subdivision are punishable as a class E felony.
5 (b) Except as provided in [section] sections thirty-five,
6 fifty-nine-b, sixty-eight, seventy-nine-c, ninety-four or ninety-six of
7 this chapter, no common carrier or other person shall bring or carry
8 into the state any alcoholic beverages, unless the same shall be
9 consigned to a person duly licensed hereunder to traffic in alcoholic
10 beverages, provided, however, that alcoholic beverages may be delivered
11 by a trucking permittee from a steamship or railroad station or terminal
12 to a New York resident who has personally purchased alcoholic beverages
13 for [his] personal use while outside the United States for a minimum
14 period of forty-eight consecutive hours, and which [he] such person has
15 shipped as consignor to [himself] themself as consignee, and except as
16 so stated, no trucking permittee shall accept for delivery, deliver or
17 transport from a steamship or railroad station or terminal any shipment
18 of alcoholic beverages consigned to a non-licensed person having [his]
19 their home or business in New York state. Purchases of alcoholic bever-
20 ages made outside the United States by persons other than the purchaser
21 [himself] themself, regardless whether made as [his] their agent, or by
22 [his] their authorization or on [his] their behalf, are deemed not to
23 have been personally purchased within the meaning of this paragraph.
24 (c) Paragraphs (a) and (b) of this subdivision shall apply to alcohol-
25 ic beverages, either in the original package or otherwise, whether
26 intended for commercial or personal use, as well as otherwise, and to
27 foreign, interstate, as well as intrastate, shipments or carriage, irre-
28 spective of whether such alcoholic beverages were purchased within or
29 without the state.
30 (d) Nothing in this chapter shall be deemed to exempt from taxation
31 the sale or use of any alcoholic beverages subject to any tax imposed
32 under or pursuant to the authority of the tax law or to grant any other
33 exemption from the provisions of such law.
34 § 2. Section 94 of the alcoholic beverage control law is amended by
35 adding six new subdivisions 4, 5, 6, 7, 8 and 9 to read as follows:
36 4. No trucking permittee shall make deliveries of alcoholic beverages
37 to a non-licensed person in New York state except as provided for in
38 sections thirty-five, thirty-six, fifty-nine-b, fifty-nine-c, sixty-
39 eight, sixty-nine, seventy-nine-c, seventy-nine-d or ninety-six of this
40 chapter, or on behalf of a retail licensee licensed pursuant to this
41 chapter.
42 5. No trucking permittee shall make deliveries of alcoholic beverages
43 to a non-licensed person unless the driver and/or delivery staff shall
44 have successfully completed alcohol training and awareness program
45 (ATAP) training and hold a valid certificate issued by an approved ATAP
46 school pursuant to subdivision twelve of section seventeen or subdivi-
47 sion ten of section eighteen of this chapter.
48 6. Trucking permittees shall in connection with the acceptance of any
49 order for a delivery of alcoholic beverages to a non-licensed person in
50 New York:
51 (a) require the non-licensed person to represent that they have
52 attained the age of twenty-one years or more by providing a valid form
53 of photographic identification authorized by section sixty-five-b of
54 this chapter; and
S. 9005 36 A. 10005
1 (b) require the non-licensed person to sign an electronic or paper
2 form or other acknowledgement of receipt as approved by the authority;
3 and
4 (c) certify that the alcoholic beverages being purchased will not be
5 resold or introduced back into the stream of commerce; and
6 (d) refuse delivery when the proposed recipient appears to be under
7 twenty-one years of age and/or refuses to present valid identification
8 as required by subparagraph (a) of this paragraph.
9 7. Trucking permittees shall report twice annually to the authority in
10 such manner and form as the authority may direct, the total amount of
11 alcoholic beverages shipped to non-licensed persons in New York during
12 the reporting period, the names and addresses of the non-licensed
13 persons to whom the alcoholic beverages were shipped, the date of deliv-
14 ery, the name and license number of the licensee on whose behalf the
15 alcoholic beverages were delivered, and the quantity and value of each
16 shipment.
17 8. The authority and the department of taxation and finance may
18 promulgate rules and regulations necessary to effectuate the purposes
19 of this section.
20 9. The authority may enforce the requirements of this section by
21 administrative proceedings to suspend or revoke a trucking permit and
22 the authority may accept payment of an administrative fine in lieu of
23 suspension. In addition, the authority or the attorney general of the
24 state of New York shall report violations of this section, where appro-
25 priate, to the department of taxation and finance, to other state
26 licensing authorities, and/or the United States department of treas-
27 ury, tax and trade bureau, for administrative action to suspend or
28 revoke the federal basic permit.
29 § 3. Section 96 of the alcoholic beverage control law is amended by
30 adding three new subdivisions 4, 5 and 6 to read as follows:
31 4. Any person holding a valid warehouse permit pursuant to this
32 section may apply to the authority for an additional permit to operate
33 as a fulfillment warehouse. The fulfillment warehouse permit holder may
34 package and ship alcoholic beverages sold by licensed New York retailers
35 and/or New York manufacturers and/or direct shipper licensees to non-li-
36 censed persons within this state. The fee for a fulfillment warehouse
37 permit shall be two thousand one hundred dollars for three years.
38 (a) Fulfillment warehouses shall report twice annually to the New York
39 State liquor authority in such manner and form as the authority may
40 direct:
41 (i) a current list of all licensed retailers, licensed manufacturers,
42 licensed wholesalers, and direct shipper licensees on whose behalf the
43 fulfillment warehouse ships or allows to be shipped alcoholic beverages
44 to non-licensed persons in this state; and
45 (ii) the total gallons of each type of alcoholic beverages shipped to
46 non-licensed persons from the fulfillment warehouse during the reporting
47 period, categorized in accordance with the state's tax classification
48 for alcoholic beverages; and
49 (iii) the name, business address, and license number of each licensed
50 retailer and direct shipper on whose behalf the fulfillment warehouse
51 packages or ships or allows to be shipped alcoholic beverages to non-li-
52 censed persons in this state, with each licensee's name stated as it
53 appears on the retailer's or direct shipper's license; and
54 (iv) the names and addresses of the non-licensed persons to whom the
55 alcoholic beverages were shipped, the date of delivery, the name and
56 license number of the retailer or direct shipper licensee on whose
S. 9005 37 A. 10005
1 behalf the alcoholic beverages were delivered, and the quantity and
2 value of each shipment.
3 (b) A fulfillment warehouse may ship alcoholic beverages to a non-li-
4 censed person within this state only if the package containing the alco-
5 holic beverages is conspicuously labeled with the words "CONTAINS ALCO-
6 HOLIC BEVERAGES - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR
7 DELIVERY - NOT FOR RESALE", or with other language specifically approved
8 by the New York State liquor authority, and clearly indicates on the
9 shipping label the name and address of the fulfillment warehouse as well
10 as the name and address of the non-licensed person within this state as
11 the intended recipient; and the name and license number of the licensed
12 retailer or direct shipper licensee that provided the alcoholic beverag-
13 es to the fulfillment warehouse; and the shipment is authorized under
14 this chapter.
15 5. The authority and the department of taxation and finance may
16 promulgate rules and regulations to effectuate the purposes of this
17 section.
18 6. The authority may enforce the requirements of this section, by
19 administrative proceedings to suspend or revoke a warehouse permit or
20 fulfillment warehouse permit and the authority may accept payment of an
21 administrative fine in lieu of suspension. In addition, the authority or
22 the attorney general of the state of New York shall report violations of
23 this section, where appropriate, to the New York State department of
24 taxation and finance, to other state licensing authorities, and/or the
25 United States department of treasury, tax and trade bureau, for
26 administrative action to suspend or revoke the federal basic permit.
27 § 4. Paragraph (d) of subdivision 3 of section 35 of the alcoholic
28 beverage control law, as added by chapter 226 of the laws of 2024, is
29 amended to read as follows:
30 (d) shall [maintain records] report twice annually to the New York
31 State liquor authority in such manner and form as the authority may
32 direct, showing the total amount of mead and/or braggot shipped into the
33 state each calendar year; the names and addresses of the purchasers to
34 whom the mead and/or braggot was shipped, the date purchased, the name
35 of the common carrier used to deliver the mead and/or braggot, and the
36 quantity and value of each shipment;
37 § 5. Paragraph (d) of subdivision 3 of section 59-b of the alcoholic
38 beverage control law, as added by chapter 226 of the laws of 2024, is
39 amended to read as follows:
40 (d) shall [maintain records] report twice annually to the New York
41 State liquor authority in such manner and form as the authority may
42 direct, showing the total amount of cider shipped into the state each
43 calendar year; the names and addresses of the purchasers to whom the
44 cider was shipped, the date purchased, the name of the common carrier
45 used to deliver the cider, and the quantity and value of each shipment;
46 § 6. Paragraph (d) of subdivision 3 of section 68 of the alcoholic
47 beverage control law, as added by chapter 226 of the laws of 2024, is
48 amended to read as follows:
49 (d) shall [maintain records] report twice annually to the New York
50 State liquor authority in such manner and form as the authority may
51 direct, showing the total amount of liquor shipped into the state each
52 calendar year; the names and addresses of the purchasers to whom the
53 liquor was shipped, the date purchased, the name of the common carrier
54 used to deliver the liquor, and the quantity and value of each shipment;
S. 9005 38 A. 10005
1 § 7. Paragraph (d) of subdivision 3 of section 79-c of the alcoholic
2 beverage control law, as amended by chapter 226 of the laws of 2024, is
3 amended to read as follows:
4 (d) shall [maintain records] report twice annually to the New York
5 State liquor authority in such manner and form as the authority may
6 direct, showing the total amount of wine shipped into the state each
7 calendar year; the names and addresses of the purchasers to whom the
8 wine was shipped, the date purchased, the name of the common carrier
9 used to deliver the wine, and the quantity and value of each shipment;
10 § 8. This act shall take effect on the one hundred eightieth day after
11 it shall have become a law.
12 SUBPART F
13 Section 1. Section 5 of part CC of chapter 55 of the laws of 2024
14 amending the alcoholic beverage control law, relating to alcohol in
15 certain motion picture theatres, is amended to read as follows:
16 § 5. This act shall take effect immediately [and shall expire and be
17 deemed repealed 3 years after such date].
18 § 2. This act shall take effect immediately.
19 SUBPART G
20 Section 1. Subdivision 9 of section 106 of the alcoholic beverage
21 control law is REPEALED.
22 § 2. This act shall take effect immediately.
23 SUBPART H
24 Section 1. Subdivision 6 of section 64-a of the alcoholic beverage
25 control law, as amended by section 2 of part CC of chapter 55 of the
26 laws of 2024, is amended to read as follows:
27 6. No special on-premises license shall be granted except for premises
28 in which the principal business shall be (a) the sale of food or bever-
29 ages at retail for consumption on the premises [or], (b) the operation
30 of a legitimate theatre, including a motion picture theatre that is a
31 building or facility which is regularly used and kept open primarily for
32 the exhibition of motion pictures for at least five out of seven days a
33 week, or on a regular seasonal basis of no less than six contiguous
34 weeks, to the general public where all auditorium seating is permanently
35 affixed to the floor and at least sixty-five percent of the motion
36 picture theatre's annual gross revenues is the combined result of admis-
37 sion revenue for the showing of motion pictures and the sale of food and
38 non-alcoholic beverages, (c) a bona-fide hotel, or such other lawful
39 adult entertainment or recreational facility as the liquor authority,
40 giving due regard to the convenience of the public and the strict avoid-
41 ance of sales prohibited by this chapter, shall by regulation classify
42 for eligibility.
43 § 2. This act shall take effect on the one hundred eightieth day
44 after it shall have become a law. Effective immediately, the addition,
45 amendment and/or repeal of any rule or regulation necessary for the
46 implementation of this act on its effective date are authorized to be
47 made and completed on or before such effective date.
48 SUBPART I
S. 9005 39 A. 10005
1 Section 1. Section 51 of the alcoholic beverage control law is amended
2 by adding a new subdivision 5-b to read as follows:
3 5-b. (a) A brewer licensed pursuant to this section that qualifies for
4 the micro-brewery fee pursuant to section fifty-six of this article may,
5 at the licensed premises, sell at retail for consumption on or off the
6 licensed premises:
7 (i) beer manufactured by the licensee;
8 (ii) New York state labeled beer, wine, cider, spirits and mead manu-
9 factured by a person licensed to manufacture such product under this
10 chapter.
11 (b) A micro-brewery licensee may conduct tastings of alcoholic bever-
12 ages and sell alcoholic beverages at retail for consumption on or off
13 the licensed premises pursuant to this subdivision; provided, however,
14 that for tastings and sales for on-premises consumption, the licensee
15 shall regularly keep food available for sale or service to its retail
16 customers for consumption on the premises. A licensee providing the
17 following shall be deemed in compliance with this provision: (i) sand-
18 wiches, soups or other such foods, whether fresh, processed, pre-cooked
19 or frozen; and/or (ii) food items intended to complement the tasting of
20 alcoholic beverages, which shall mean a diversified selection of food
21 that is ordinarily consumed without the use of tableware and can be
22 conveniently consumed while standing or walking, including but not
23 limited to: cheeses, fruits, vegetables, chocolates, breads, mustards
24 and crackers.
25 (c) A micro-brewery licensee may sell beer manufactured by the licen-
26 see or any other brewer licensed pursuant to this chapter at retail for
27 consumption off the premises at the state fair, at recognized county
28 fairs and at farmers markets operated on a not-for-profit basis, subject
29 to such rules and regulations as the authority may prescribe.
30 (d) A micro-brewery license shall authorize the holder thereof to
31 manufacture, bottle and sell food condiments and products such as
32 mustards, sauces, hop seasonings, beer nuts, and other hops and beer
33 related foods in addition to beer and to store and sell gift items in a
34 tax-paid room upon the licensed premises incidental to the sale of beer.
35 Such gift items shall be limited to the categories authorized for a farm
36 brewery pursuant to subdivision seven of section fifty-one-a of this
37 chapter.
38 (e) The holder of a license authorized by this subdivision may operate
39 up to five branch offices located away from the licensed premises. Such
40 locations shall be considered part of the licensed premises and all
41 activities allowed at and limited to the micro-brewery may be conducted
42 at the branch offices. Such branch offices shall not be located within,
43 share a common entrance and exit with, or have any interior access to
44 any other business, including premises licensed to sell alcoholic bever-
45 ages at retail. Prior to commencing operation of any such branch office,
46 the licensee shall notify the authority of the location of such branch
47 office and the authority may issue a permit for the operation of same.
48 § 2. Subdivision 1-a of section 61 of the alcoholic beverage control
49 law, as amended by chapter 431 of the laws of 2014, is amended to read
50 as follows:
51 1-a. (a) A class A-1 distiller's license shall authorize the holder
52 thereof to operate a distillery which has a production capacity of no
53 more than seventy-five thousand gallons per year for the manufacture of
54 liquors by distillation or redistillation at the premises specifically
55 designated in the license. Such a license shall also authorize the sale
56 in bulk by such licensee from the licensed premises of the products
S. 9005 40 A. 10005
1 manufactured under such license to any person holding a winery license,
2 farm winery license, distiller's class A license, a distiller's class B
3 license or a permittee engaged in the manufacture of products which are
4 unfit for beverage use. It shall also authorize the sale from the
5 licensed premises and from one other location in the state of New York
6 of liquors manufactured by such licensee to a wholesale or retail liquor
7 licensee or permittee in sealed containers of not more than one quart
8 each. In addition, it shall authorize such licensee to sell from the
9 licensed premises New York state labelled liquors to licensed farm
10 wineries, farm breweries, farm distilleries and farm cideries in sealed
11 containers of not more than one quart for retail sale for off-premises
12 consumption. Such license shall also include the privilege to operate a
13 rectifying plant under the same terms and conditions as the holder of a
14 class B-1 distiller's license without the payment of any additional fee.
15 (b) A distiller licensed pursuant to this subdivision that qualifies
16 for the micro-distillery fee pursuant to section sixty-six of this arti-
17 cle may, at the licensed premises, sell at retail for consumption on or
18 off the licensed premises:
19 (i) liquor manufactured by the licensee;
20 (ii) New York state labeled beer, wine, cider, spirits and mead manu-
21 factured by a person licensed to manufacture such product under this
22 chapter.
23 (c) A micro-distillery licensee may conduct tastings of alcoholic
24 beverages and sell alcoholic beverages at retail for consumption on or
25 off the licensed premises pursuant to this subdivision; provided, howev-
26 er, that for tastings and sales for on-premises consumption, the licen-
27 see shall regularly keep food available for sale or service to its
28 retail customers for consumption on the premises. A licensee providing
29 the following shall be deemed in compliance with this provision: (i)
30 sandwiches, soups or other such foods, whether fresh, processed, pre-
31 cooked or frozen; and/or (ii) food items intended to complement the
32 tasting of alcoholic beverages, which shall mean a diversified selection
33 of food that is ordinarily consumed without the use of tableware and can
34 be conveniently consumed while standing or walking, including but not
35 limited to: cheeses, fruits, vegetables, chocolates, breads, mustards
36 and crackers.
37 (d) A micro-distillery licensee may sell liquor manufactured by the
38 licensee or any other distiller licensed pursuant to this chapter at
39 retail for consumption off the premises at the state fair, at recognized
40 county fairs and at farmers markets operated on a not-for-profit basis,
41 subject to such rules and regulations as the authority may prescribe.
42 (e) A micro-distillery license shall authorize the holder thereof to
43 manufacture, bottle and sell food condiments and products such as nuts,
44 popcorn, mulling spices and other spirits related food in addition to
45 other such food and crafts on and from the licensed premises. Such
46 license shall authorize the holder thereof to store and sell gift items
47 in a tax-paid room upon the licensed premises incidental to the sale of
48 liquor. These gift items shall be limited to the following categories:
49 (i) non-alcoholic beverages for consumption on or off premises,
50 including but not limited to bottled water, juice and soda beverages;
51 (ii) food items for the purpose of complementing liquor tastings,
52 which shall mean a diversified selection of food that is ordinarily
53 consumed without the use of tableware and can be conveniently consumed
54 while standing or walking. Such food items shall include but not be
55 limited to: cheeses, fruits, vegetables, chocolates, breads, mustards
56 and crackers;
S. 9005 41 A. 10005
1 (iii) food items, which shall include locally produced farm products
2 and any food or food product not specifically prepared for immediate
3 consumption upon the premises. Such food items may be combined into a
4 package containing liquor related products;
5 (iv) liquor supplies and accessories, which shall include any item
6 utilized for the storage, serving or consumption of liquor or for deco-
7 rative purposes. These supplies may be sold as single items or may be
8 combined into a package containing liquor;
9 (v) liquor-making equipment and supplies including, but not limited
10 to, filters, bottling equipment, and books or other written material to
11 assist spirits makers to produce and bottle liquor; and
12 (vi) souvenir items, which shall include, but not be limited to
13 artwork, crafts, clothing, agricultural products and any other articles
14 which can be construed to propagate tourism within the region.
15 (vii) Notwithstanding any provision of law to the contrary, another
16 business or other businesses may operate on the licensed premises
17 subject to such rules and regulations as the liquor authority may
18 prescribe. Such rules and regulations shall determine which businesses
19 will be compatible with the policy and purposes of this chapter and
20 shall consider the effect of particular businesses on the community and
21 area in the vicinity of the micro-distillery premises, provided however
22 that a retailer business licensed under this chapter shall not be
23 permitted to operate at a licensed manufacturing premises.
24 (f) The holder of a license authorized by this subdivision may operate
25 up to five branch offices located away from the licensed premises. Such
26 locations shall be considered part of the licensed premises and all
27 activities allowed at and limited to the micro-distillery may be
28 conducted at the branch offices. Such branch offices shall not be
29 located within, share a common entrance and exit with, or have any inte-
30 rior access to any other business, including premises licensed to sell
31 alcoholic beverages at retail. Prior to commencing operation of any such
32 branch office, the licensee shall notify the authority of the location
33 of such branch office and the authority may issue a permit for the oper-
34 ation of same.
35 § 3. Subdivision 2-b of section 61 of the alcoholic beverage control
36 law, as amended by chapter 431 of the laws of 2014, is amended to read
37 as follows:
38 2-b. (a) A class B-1 distiller's license shall authorize the holder
39 thereof to operate a rectifying plant which has a production capacity of
40 no more than seventy-five thousand gallons per year for the manufacture
41 of the products of rectification by purifying or combining alcohol,
42 spirits, wine, or beer and the manufacture of cordials by the redistil-
43 lation of alcohol or spirits over or with any materials. Such a license
44 shall also authorize the holder thereof to blend, reduce proof and
45 bottle on [his] licensed premises or in a United States customs bonded
46 warehouse for which a warehouse permit has been issued under this chap-
47 ter for wholesale liquor licensees or for persons authorized to sell
48 liquor at wholesale pursuant to the laws and regulation of any other
49 state, territorial possession of the United States or foreign country
50 liquor received in bulk by such wholesalers from other states, territo-
51 rial possessions of the United States or a foreign country, and to
52 rebottle or recondition for wholesale liquor or wine licensees or for
53 persons authorized to sell liquor or wine at wholesale pursuant to the
54 laws and regulations of any other state, territorial possession of the
55 United States or foreign country, liquor or wine manufactured outside
56 the state, which was purchased and received by such wholesalers in
S. 9005 42 A. 10005
1 sealed containers not exceeding one quart each of liquor or fifteen
2 gallons each of wine. Such a license shall also authorize the sale from
3 the licensed premises of the products manufactured by such licensee to a
4 wholesale or retail licensee in sealed containers of not more than one
5 quart each. In addition, it shall authorize such licensee to sell from
6 the licensed premises New York state labelled liquors to a farm winery
7 licensee in sealed containers of not more than one quart for retail sale
8 for off-premises consumption.
9 (b) A distiller licensed pursuant to this subdivision that qualifies
10 for the micro-rectifier fee pursuant to section sixty-six of this arti-
11 cle may, at the licensed premises, sell at retail for consumption on or
12 off the licensed premises:
13 (i) liquor manufactured by the licensee;
14 (ii) New York state labeled beer, wine, cider, spirits and mead manu-
15 factured by a person licensed to manufacture such product under this
16 chapter.
17 (c) A micro-rectifier licensee may conduct tastings of alcoholic
18 beverages and sell alcoholic beverages at retail for consumption on or
19 off the licensed premises pursuant to this subdivision; provided, howev-
20 er, that for tastings and sales for on-premises consumption, the licen-
21 see shall regularly keep food available for sale or service to its
22 retail customers for consumption on the premises. A licensee providing
23 the following shall be deemed in compliance with this provision: (i)
24 sandwiches, soups or other such foods, whether fresh, processed, pre-
25 cooked or frozen; and/or (ii) food items intended to complement the
26 tasting of alcoholic beverages, which shall mean a diversified selection
27 of food that is ordinarily consumed without the use of tableware and can
28 be conveniently consumed while standing or walking, including but not
29 limited to: cheeses, fruits, vegetables, chocolates, breads, mustards
30 and crackers.
31 (d) A micro-rectifier licensee may sell liquor manufactured by the
32 licensee or any other distiller licensed pursuant to this chapter at
33 retail for consumption off the premises at the state fair, at recognized
34 county fairs and at farmers markets operated on a not-for-profit basis,
35 subject to such rules and regulations as the authority may prescribe.
36 (e) A micro-rectifier license shall authorize the holder thereof to
37 manufacture, bottle and sell food condiments and products such as nuts,
38 popcorn, mulling spices and other spirits related food in addition to
39 other such food and crafts on and from the licensed premises. Such
40 license shall authorize the holder thereof to store and sell gift items
41 in a tax-paid room upon the licensed premises incidental to the sale of
42 liquor. These gift items shall be limited to the following categories:
43 (i) non-alcoholic beverages for consumption on or off premises,
44 including but not limited to bottled water, juice and soda beverages;
45 (ii) food items for the purpose of complementing liquor tastings,
46 which shall mean a diversified selection of food that is ordinarily
47 consumed without the use of tableware and can be conveniently consumed
48 while standing or walking. Such food items shall include but not be
49 limited to: cheeses, fruits, vegetables, chocolates, breads, mustards
50 and crackers;
51 (iii) food items, which shall include locally produced farm products
52 and any food or food product not specifically prepared for immediate
53 consumption upon the premises. Such food items may be combined into a
54 package containing liquor related products;
55 (iv) liquor supplies and accessories, which shall include any item
56 utilized for the storage, serving or consumption of liquor or for deco-
S. 9005 43 A. 10005
1 rative purposes. These supplies may be sold as single items or may be
2 combined into a package containing liquor;
3 (v) liquor-making equipment and supplies including, but not limited
4 to, filters, bottling equipment, and books or other written material to
5 assist spirits makers to produce and bottle liquor; and
6 (vi) souvenir items, which shall include, but not be limited to
7 artwork, crafts, clothing, agricultural products and any other articles
8 which can be construed to propagate tourism within the region.
9 (vii) Notwithstanding any provision of law to the contrary, another
10 business or other businesses may operate on the licensed premises
11 subject to such rules and regulations as the liquor authority may
12 prescribe. Such rules and regulations shall determine which businesses
13 will be compatible with the policy and purposes of this chapter and
14 shall consider the effect of particular businesses on the community and
15 area in the vicinity of the micro distillery premises, provided however
16 that a retailer business licensed under this chapter shall not be
17 permitted to operate at a licensed manufacturing premises.
18 (f) The holder of a license authorized by this subdivision may operate
19 up to five branch offices located away from the licensed premises. Such
20 locations shall be considered part of the licensed premises and all
21 activities allowed at and limited to the micro-distillery may be
22 conducted at the branch offices. Such branch offices shall not be
23 located within, share a common entrance and exit with, or have any inte-
24 rior access to any other business, including premises licensed to sell
25 alcoholic beverages at retail. Prior to commencing operation of any such
26 branch office, the licensee shall notify the authority of the location
27 of such branch office and the authority may issue a permit for the oper-
28 ation of same.
29 § 4. Paragraph (g) of subdivision 2-c of section 61 of the alcoholic
30 beverage control law, as added by chapter 431 of the laws of 2014, is
31 amended to read as follows:
32 (g) The holder of a license issued under this subdivision may operate
33 up to [one] five branch [office] offices located away from the licensed
34 farm distillery. Such [location] locations shall be considered part of
35 the licensed premises and all activities allowed at and limited to the
36 farm distillery may be conducted at the branch [office] offices. Such
37 branch [office] offices shall not be located within, share a common
38 entrance and exit with, or have any interior access to any other busi-
39 ness, including premises licensed to sell alcoholic beverages at retail.
40 Prior to commencing operation of any such branch [office] offices, the
41 licensee shall notify the authority of the location of such branch
42 [office] offices and the authority may issue a permit for the operation
43 of same.
44 § 5. This act shall take effect immediately.
45 SUBPART J
46 Section 1. Section 104 of the alcoholic beverage control law is
47 amended by adding a new subdivision 12 to read as follows:
48 12. Notwithstanding any provision of law to the contrary, no whole-
49 saler shall assess any fee, including but not limited to fees for stor-
50 age, interest, collections, attorneys, split cases, breakage and deliv-
51 ery, upon any New York state licensed retailer other than the purchase
52 price of alcoholic beverages, provided, however, that the authority may,
53 by rule or regulation, permit the assessment of one or more categories
S. 9005 44 A. 10005
1 of fees or charges and may impose such limitations, conditions, and
2 record keeping requirements it deems appropriate.
3 § 2. This act shall take effect on the ninetieth day after it shall
4 have become a law. Effective immediately, the addition, amendment and/or
5 repeal of any rule or regulation necessary for the implementation of
6 this act on its effective date are authorized to be made and completed
7 on or before such effective date.
8 SUBPART K
9 Section 1. The opening paragraph of paragraph (a) of subdivision 1 of
10 section 101 of the alcoholic beverage control law, as amended by chapter
11 318 of the laws of 2016, is amended to read as follows:
12 Be interested directly or indirectly in any premises where any alco-
13 holic beverage is sold at retail; or in any business devoted wholly or
14 partially to the sale of any alcoholic beverage at retail by stock
15 ownership, interlocking directors, mortgage or lien or any personal or
16 real property, or by any other means, except that nothing in this
17 section shall prohibit a licensed manufacturer or any owner of any out-
18 of-state premises where liquors, wines, or beer are manufactured from
19 owning up to three licensed retail premises for on-premises consumption
20 where such manufacturer is owned by the same person or corporate entity
21 as such retailer or retailers and where such retailer or retailers
22 utilize a substantially similar corporate name and/or d/b/a as the
23 manufacturer. For purposes of this chapter, said licensed manufacturer
24 or owner of any out-of-state premises where liquors, wines, or beer are
25 manufactured shall be deemed to be owned by the same corporate entity as
26 such retailer or retailers if a majority of each class of stock of each
27 such corporation is owned by the same person. The provisions of this
28 paragraph shall not apply to
29 § 2. Paragraph (e) of subdivision 1 of section 101 of the alcoholic
30 beverage control law, as added by chapter 557 of the laws of 1964, is
31 amended to read as follows:
32 (e) The prohibitions and restrictions contained in paragraphs [b, c
33 and d above] (b), (c) and (d) of this subdivision shall not apply to any
34 contractual arrangements between a licensed manufacturer [or wholesaler]
35 or any owner of any out-of-state premises where liquors, wines, or beer
36 are manufactured and [a] up to three licensed [retailer] retail premises
37 for on-premises consumption where such manufacturer [or wholesaler has
38 made a substantial investment, directly or through such retailer, in the
39 construction, capitalization or furnishing of any exhibit, facility or
40 installation in the area leased by the city of New York to New York
41 World's Fair 1964-1965 Corporation, pursuant to chapter four hundred
42 twenty-eight of the laws of nineteen hundred sixty, as amended, and such
43 retailer is conducting his business as a part of such exhibit or instal-
44 lation or is responsible to such corporation for the construction, oper-
45 ation or maintenance of such exhibit, facility or installation. This
46 modification to the prohibitions and restrictions contained in this
47 paragraph shall continue until November first, nineteen hundred sixty-
48 five] is owned by the same person or corporate entity as such retailer
49 or retailers.
50 § 3. The opening paragraph of paragraph (a) of subdivision 13 of
51 section 106 of the alcoholic beverage control law, as amended by chapter
52 453 of the laws of 2018, is amended to read as follows:
53 No retail licensee for on-premises consumption shall be interested,
54 directly or indirectly, in any premises where liquors, wines or beer are
S. 9005 45 A. 10005
1 manufactured or sold at wholesale, by stock ownership, interlocking
2 directors, mortgage or lien on any personal or real property or by any
3 other means, except that nothing shall prohibit a licensed manufacturer
4 or any owner of any out-of-state premises where liquors, wines, or beer
5 are manufactured, from holding up to three licensed retail premises for
6 on-premises consumption where such manufacturer is owned by the same
7 person or corporate entity as such retailer or retailers, and except
8 that liquors, wines or beer may be manufactured or sold wholesale by the
9 person licensed as a manufacturer or wholesaler thereof:
10 § 4. This act shall take effect on the ninetieth day after it shall
11 have become a law.
12 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
13 sion, section or part of this act shall be adjudged by any court of
14 competent jurisdiction to be invalid, such judgment shall not affect,
15 impair, or invalidate the remainder thereof, but shall be confined in
16 its operation to the clause, sentence, paragraph, subdivision, section
17 or part thereof directly involved in the controversy in which such judg-
18 ment shall have been rendered. It is hereby declared to be the intent of
19 the legislature that this act would have been enacted even if such
20 invalid provisions had not been included herein.
21 § 3. This act shall take effect immediately provided, however, that
22 the applicable effective date of Subparts A through K of this part shall
23 be as specifically set forth in the last section of such Subparts.
24 PART P
25 Section 1. This act enacts into law components of legislation relating
26 to alcoholic beverage licensing. Each component is wholly contained
27 within a Part identified as Subparts A through H. The effective date for
28 each particular provision contained within such Subpart is set forth in
29 the last section of such Subpart. Any provision in any section
30 contained within a Subpart, including the effective date of the Subpart,
31 which makes reference to a section "of this act", when used in
32 connection with that particular component, shall be deemed to mean and
33 refer to the corresponding section of the Subpart in which it is found.
34 Section three of this act sets forth the general effective date of this
35 act.
36 SUBPART A
37 Section 1. The alcoholic beverage control law is amended by adding a
38 new section 64-g to read as follows:
39 § 64-g. License to sell liquor on premises at an adult care facility.
40 1. Any adult care facility licensed by the department of health may make
41 an application to the state liquor authority for an adult care facility
42 license.
43 2. Such application shall be in such form and shall contain such
44 information as shall be required by the liquor authority and shall be
45 accompanied by a check or draft in the amount required by this article
46 for such license.
47 3. Section fifty-four of this chapter shall control so far as applica-
48 ble to the procedure in connection with such application.
49 4. Such adult care facility license shall in form and in substance be
50 a license to the adult care facility to operate one or more food and
51 drinking establishments on its premises as defined by article
52 forty-six-B of the public health law. Such license shall also be deemed
S. 9005 46 A. 10005
1 to include a license to sell liquor, wine, beer, cider, mead and/or
2 braggot at retail for consumption on its premises so licensed exclusive-
3 ly to residents and guests of residents of the adult care facility, and
4 also to sell alcoholic beverages for service on its premises for resi-
5 dents and guests of residents in areas designated by the applicant for
6 alcoholic beverage consumption in the manner prescribed by rule or regu-
7 lation of the authority.
8 5. All of the provisions of this chapter relative to licenses to sell
9 liquor, wine, beer, cider, mead and/or braggot at retail for consumption
10 on the premises shall apply as far as applicable to such application.
11 § 2. Section 66 of the alcoholic beverage control law is amended by
12 adding a new subdivision 11 to read as follows:
13 11. The fee for an original and renewal adult care facility on-premis-
14 es license shall be five hundred dollars. Such license shall run for a
15 period of three years. In addition to the license fees provided for in
16 this subdivision, there shall be paid to the authority with each
17 original application a filing fee of two hundred dollars and with each
18 renewal application a filing fee of one hundred dollars.
19 § 3. This act shall take effect on the one hundred eightieth day after
20 it shall have become a law. Effective immediately, the addition, amend-
21 ment and/or repeal of any rule or regulation necessary for the implemen-
22 tation of this act on its effective date are authorized to be made and
23 completed on or before such effective date.
24 SUBPART B
25 Section 1. Section 3 of the alcoholic beverage control law is amended
26 by adding a new subdivision 2-a to read as follows:
27 2-a. "Airline lounge" means and includes any premises located within
28 an airport and such premises is owned, leased, or operated by a United
29 States certificated airline which regularly and in a bona fide manner
30 furnishes provisions and services therein.
31 § 2. Section 106 of the alcoholic beverage control law is amended by
32 adding a new subdivision 8-a to read as follows:
33 8-a. A license issued for premises being conducted as an airline
34 lounge shall authorize the holder thereof to provide alcoholic beverages
35 for on-premises consumption only to persons with lounge access privi-
36 leges as authorized by the airline. Food shall be made regularly avail-
37 able to such persons for consumption on the premises. The availability
38 of sandwiches, soups or other foods, whether fresh, processed, pre-
39 cooked or frozen, shall be deemed compliance with this requirement. The
40 licensed premises shall comply at all times with all the regulations of
41 the local department of health. Nothing contained in this subdivision,
42 however, shall be construed to require that any food be sold or
43 purchased with any liquor, nor shall any rule, regulation or standard be
44 promulgated or enforced requiring that the sale of food be substantial
45 or that the receipts of the business other than from the sale of liquor
46 equal any set percentage of total receipts from sales made therein.
47 § 3. This act shall take effect on the one hundred eightieth day after
48 it shall have become a law. Effective immediately, the addition, amend-
49 ment and/or repeal of any rule or regulation necessary for the implemen-
50 tation of this act on its effective date are authorized to be made and
51 completed on or before such effective date.
52 SUBPART C
S. 9005 47 A. 10005
1 Section 1. Section 3 of the alcoholic beverage control law is amended
2 by adding a new subdivision 7-aa to read as follows:
3 7-aa. "Cafe" means a place which is regularly and in a bona fide
4 manner open for the service of light fare but not necessarily full
5 entrees to guests for compensation and featuring adequate food prepara-
6 tion facilities for keeping of food on said premises in compliance with
7 all the regulations of the local department of health, and where food is
8 prepared and served for consumption on the premises in such quantities
9 as to satisfy the liquor authority that the sale of alcoholic beverages
10 intended is incidental to and not the prime source of revenue from the
11 operation of such premises. For the purposes of a cafe, "guests" means
12 persons who, during the hours when meals are regularly served therein,
13 come to a cafe for the purpose of obtaining, and actually order and
14 obtain at such time, in good faith, freshly prepared light fare therein.
15 Nothing contained in this subdivision shall be construed to require that
16 any food be sold or purchased with any beverage.
17 § 2. This act shall take effect on the one hundred eightieth day after
18 it shall have become a law. Effective immediately, the addition, amend-
19 ment and/or repeal of any rule or regulation necessary for the implemen-
20 tation of this act on its effective date are authorized to be made and
21 completed on or before such effective date.
22 SUBPART D
23 Section 1. The alcoholic beverage control law is amended by adding a
24 new section 64-h to read as follows:
25 § 64-h. Higher education on-premises license. 1. Any college, univer-
26 sity, or other institution for higher education authorized to confer
27 degrees by the board of regents or the commissioner of education may
28 make an application to the state liquor authority for a higher education
29 license.
30 2. Such application shall be in such form and shall contain such
31 information as shall be required by the liquor authority and shall be
32 accompanied by a check or draft in the amount required by this section
33 for such license.
34 3. Section fifty-four of this chapter shall control so far as applica-
35 ble to the procedure in connection with such application.
36 4. Such higher education license shall in form and in substance be a
37 license to the college, university, or other institution for higher
38 education to periodically provide food and beverages for events held on
39 its campus as defined by section two of the education law, and to sell
40 liquor, wine, beer and cider at retail for consumption on the premises
41 so licensed. The event spaces so designated need not be contiguous to
42 one another. Upon notice to the authority, a higher education licensee
43 may also host events, meetings, seminars, or conferences where food and
44 alcoholic beverages are served or available to attendees and where the
45 alcoholic beverages are incidental to the event, at locations on its
46 campus other than those designated as food and drinking establishments
47 in the application, such events may be catered by a licensed caterer.
48 All of the provisions of this chapter relative to licenses to sell
49 liquor, wine, beer, cider, mead and/or braggot at retail for consumption
50 on the premises shall apply so far as applicable to such application.
51 5. Such license shall also be deemed to include a license to manufac-
52 ture liquor, wine, beer, cider, mead and/or braggot on the premises
53 specifically licensed, under the same terms and without payment of any
54 additional fee. Provided, however, that no such licensee shall manufac-
S. 9005 48 A. 10005
1 ture annually in excess of ten thousand barrels of beer, seventy-five
2 thousand gallons of wine, seventy-five thousand gallons of cider, or
3 thirty-seven thousand five hundred gallons of distilled spirits.
4 6. A higher education licensee may conduct tastings of any alcoholic
5 beverages it produces:
6 (a) upon its licensed premises;
7 (b) at the state fair, at recognized county fairs and at farmers
8 markets operated on a not-for-profit basis; and
9 (c) at outdoor or indoor gatherings, functions, occasions or events,
10 within the hours fixed by or pursuant to subdivision fourteen of section
11 one hundred five of this chapter, sponsored by a bona fide charitable
12 organization. For the purposes of this paragraph, a bona fide charitable
13 organization shall mean and include any bona fide religious or charita-
14 ble organization or bona fide educational, fraternal or service organ-
15 ization or bona fide organization of veterans or volunteer firefighters,
16 which by its charter, certificate of incorporation, constitution, or act
17 of the legislature, shall have among its dominant purposes one or more
18 of the lawful purposes as defined in subdivision five of section one
19 hundred eighty-six of the general municipal law.
20 7. Notwithstanding any other provision of law to the contrary, all
21 alcoholic beverages produced by a higher education licensee and sold on
22 the premises of said higher education licensee, or utilized for tastings
23 as otherwise provided for by this section, shall be exempt from the
24 provisions of sections fifty-five-b, one hundred seven-a, one hundred
25 one-aa, and one hundred one-aaa of this chapter.
26 8. A higher education licensee may sell alcoholic beverages produced
27 by the licensee to another retail licensee where such other license is
28 held by the college, university, or other institution for higher educa-
29 tion.
30 9. For purposes of sections one hundred one and one hundred six of
31 this chapter, the licensee under this section shall be considered a
32 "retailer" as that term is defined within section three of this chapter.
33 Provided, however, that the provisions of subdivision one of section one
34 hundred one and subdivision thirteen of section one hundred six of this
35 chapter shall only apply to the licensee's alcoholic beverage officer,
36 as designated pursuant to subdivision four of section one hundred twen-
37 ty-six of this chapter.
38 10. A higher education licensee shall report to the authority no less
39 than five days prior to all events featuring sales or tastings of alco-
40 holic beverages conducted pursuant to their license during the license
41 period in such manner and format as the authority shall direct.
42 § 2. Subdivision 1 of section 101 of the alcoholic beverage control
43 law is amended by adding a new paragraph (g) to read as follows:
44 (g) In the case of a college, university, or other institution for
45 higher education authorized to confer degrees by the board of regents or
46 the commissioner of education holding a retail license under this chap-
47 ter, the provisions and restrictions contained in paragraphs (b) and (d)
48 of this subdivision shall only apply to such licensee's alcoholic bever-
49 age officer, as designated pursuant to subdivision four of section one
50 hundred twenty-six of this article.
51 § 3. Paragraph (a) of subdivision 1 of section 110 of the alcoholic
52 beverage control law is amended by adding a new clause (iv) to read as
53 follows:
54 (iv) If the applicant is a college, university, or other institution
55 for higher education authorized to confer degrees by the board of
56 regents or the commissioner of education, the corporate name of the
S. 9005 49 A. 10005
1 applicant, its place of incorporation, its main business address (and if
2 such main business address is not within the state, the address of its
3 main place of business within the state), other names by which it has
4 been known or has conducted business at any time, its telephone number,
5 its federal employer identification number, and the name of its alcohol-
6 ic beverage officer.
7 § 4. Subdivision 4 of section 126 of the alcoholic beverage control
8 law, as amended by chapter 669 of the laws of 2022, is amended to read
9 as follows:
10 4. A copartnership or a corporation, unless each member of the part-
11 nership, or each of the principal officers and directors of the corpo-
12 ration, is a citizen of the United States or a noncitizen lawfully
13 admitted for permanent residence in the United States, not less than
14 twenty-one years of age, and has not been convicted of any felony or any
15 of the misdemeanors, specified in section eleven hundred forty-six of
16 the former penal law as in force and effect immediately prior to Septem-
17 ber first, nineteen hundred sixty-seven, or of an offense defined in
18 section 230.20 or 230.40 of the penal law, or if so convicted has
19 received, subsequent to such conviction, an executive pardon therefor
20 removing this disability a certificate of good conduct granted by the
21 department of corrections and community supervision, or a certificate of
22 relief from disabilities granted by the department of corrections and
23 community supervision or a court of this state pursuant to the
24 provisions of article twenty-three of the correction law to remove the
25 disability under this section because of such conviction; provided
26 however: that a corporation which otherwise conforms to the requirements
27 of this section and chapter may be licensed if each of its principal
28 officers and more than one-half of its directors are citizens of the
29 United States or noncitizens lawfully admitted for permanent residence
30 in the United States; and provided further that a corporation organized
31 under the not-for-profit corporation law or the education law which
32 otherwise conforms to the requirements of this section and chapter may
33 be licensed if each of its principal officers and more than one-half of
34 its directors are not less than twenty-one years of age and none of its
35 directors are less than eighteen years of age; and provided further that
36 a corporation organized under the not-for-profit corporation law or the
37 education law and located on the premises of a college as defined by
38 section two of the education law which otherwise conforms to the
39 requirements of this section and chapter may be licensed if each of its
40 principal officers and each of its directors are not less than eighteen
41 years of age; and that a college, university, or other institution for
42 higher education authorized to confer degrees by the board of regents or
43 the commissioner of education may be licensed if it appoints an alcohol-
44 ic beverage officer from among its officers who otherwise conforms to
45 the requirements of this section and chapter and who shall be responsi-
46 ble for filing all applications and other documents required to be
47 submitted to the authority.
48 § 5. Section 66 of the alcoholic beverage control law is amended by
49 adding a new subdivision 12 to read as follows:
50 12. The fee for an original and renewal higher education on-premises
51 license shall be one thousand five hundred dollars. Such license shall
52 run for a period of three years. In addition to the license fees
53 provided for in this subdivision, there shall be paid to the authority
54 with each original application a filing fee of two hundred dollars and
55 with each renewal application a filing fee of one hundred dollars.
S. 9005 50 A. 10005
1 § 6. This act shall take effect on the one hundred eightieth day after
2 it shall have become a law. Effective immediately, the addition, amend-
3 ment and/or repeal of any rule or regulation necessary for the implemen-
4 tation of this act on its effective date are authorized to be made and
5 completed on or before such effective date.
6 SUBPART E
7 Section 1. The alcoholic beverage control law is amended by
8 adding a new section 79-e to read as follows:
9 § 79-e. Hotel concessionaire license. 1. Any person may apply to the
10 authority for a license to sell unopened alcoholic beverages to go from
11 a shop or concession stand located within a hotel.
12 2. (a) Such hotel concessionaire license shall in form and in
13 substance enable the person specifically licensed to sell wine, beer,
14 cider, mead, braggot, and wine products at not more than fifteen percent
15 alcohol by volume and in sealed containers not to exceed seven hundred
16 fifty milliliters.
17 (b) Any person holding a hotel concessionaire license shall only sell
18 alcoholic beverages described in paragraph (a) of this subdivision above
19 at retail exclusively to registered overnight guests staying at the
20 hotel at the time of the sale.
21 3. A license issued under this section shall be confined to a clearly
22 defined area within a hotel as disclosed to the authority. Provided,
23 however, that a hotel concessionaire licensee may use space shared with
24 the hotel in which the licensed premises is located to keep and maintain
25 any books and records required by this chapter and to store alcoholic
26 beverages. Such shared space shall be disclosed to and approved by the
27 authority.
28 4. The holder of a hotel concessionaire license shall take the follow-
29 ing actions to prevent the occurrence of prohibited sales as described
30 in section sixty-five of this chapter:
31 (a) The hotel shop or concession stand licensed under this section
32 must be directly supervised by the licensee, a hired manager, or an
33 employee of the licensee during all hours of operation;
34 (b) All sales of alcoholic beverages in the licensed hotel shop or
35 concession stand must be made by a person holding a certificate of
36 completion issued by an alcohol training awareness program pursuant to
37 subdivision twelve of section seventeen or subdivision ten of section
38 eighteen of this chapter;
39 (c) The holder of a hotel concessionaire license must obtain an age
40 verification scanner and keep it in the hotel shop or concession stand
41 licensed under this section;
42 (d) The persons making the sale of alcohol in the licensed hotel shop
43 or concession stand must use a scanner to verify the age of customers
44 before completing the transaction; and
45 (e) All other preventative measures as deemed necessary by the author-
46 ity.
47 5. Every hotel concessionaire licensee shall regularly keep food
48 available for sale in the shop or concession stand located within the
49 hotel. The availability of sandwiches, soups or other foods, whether
50 fresh, processed, pre-cooked or frozen, shall be deemed compliance with
51 this requirement.
52 6. (a) Any person receiving a hotel concessionaire license under this
53 section shall be subject to the provisions of sections one hundred five
S. 9005 51 A. 10005
1 and one hundred five-b of this chapter, unless determined otherwise by
2 the authority pursuant to subdivision ten of this section.
3 (b) Any premises licensed under this section and any space shared with
4 a hotel in which said premises is located shall be subject to inspection
5 by any peace officer described in subdivision four of section 2.10 of
6 the criminal procedure law acting pursuant to their special duties, or
7 police officer or any duly authorized representative of the state liquor
8 authority, during the hours when said premises are open for the trans-
9 action of business.
10 7. Not withstanding any other provisions of this chapter, any hotel
11 business operator with a license issued under this chapter to sell alco-
12 holic beverages at retail for consumption on the premises at such hotel
13 may apply to the authority for a hotel concessionaire license.
14 8. The fee for a hotel concessionaire license shall be one thousand
15 nine hundred twenty dollars in the counties of New York, Kings, Bronx,
16 and Queens; nine hundred sixty dollars in the county of Richmond and in
17 cities having a population of more than one hundred thousand and less
18 than one million; and four hundred thirty-five dollars elsewhere. Said
19 license shall run for a period of three years. In addition to the
20 license fees provided for in this subdivision, there shall be paid to
21 the authority with each initial application a non-refundable filing fee
22 of one hundred dollars and with each renewal application a non-refunda-
23 ble filing fee of twenty-five dollars.
24 9. Such application shall be in such form and shall contain such
25 information as shall be required by the rules of the authority and shall
26 be accompanied by a check or draft in the amount required by subdivision
27 eight of this section.
28 10. The authority may promulgate such rules and regulations as may be
29 deemed necessary to carry out the provisions of this section.
30 § 2. This act shall take effect on the one hundred eightieth day after
31 it shall have become a law. Effective immediately, the addition, amend-
32 ment and/or repeal of any rule or regulation necessary for the implemen-
33 tation of this act on its effective date are authorized to be made and
34 completed on or before such effective date.
35 SUBPART F
36 Section 1. The alcoholic beverage control law is amended by adding a
37 new section 99-i to read as follows:
38 § 99-i. Early morning sports bar on-premises permit. 1. Notwithstand-
39 ing any provision of law or rule to the contrary, anyone licensed pursu-
40 ant to this chapter with the privilege of selling alcoholic beverages at
41 retail for on-premises consumption may make an application to the
42 authority for an early morning sports bar on-premises permit.
43 2. Such application shall be in such form as the authority shall
44 prescribe and shall contain such information as shall be required by the
45 authority and shall be accompanied by a check or draft in the amount of
46 one thousand dollars for such permit. A filing fee of twenty dollars
47 shall be assessed for permits issued pursuant to this section. If
48 approved, such permit term shall run for the same license period as the
49 underlying on-premises retail license.
50 3. Such permit shall authorize the operation of the underlying
51 licensed premises for on-premises retail sales during the hours of seven
52 o'clock a.m. to eight o'clock a.m. Monday through Saturday, and seven
53 o'clock a.m. to ten o'clock a.m. on Sundays, on days when a live tele-
54 vised major professional or international sporting event is played
S. 9005 52 A. 10005
1 during those hours in the eastern daylight time/eastern standard time
2 time zone on that date.
3 4. Section fifty-four of this chapter shall control so far as applica-
4 ble to the procedure in connection with such application.
5 5. An applicant for a permit under this section shall provide notice
6 to the local municipality of such application as provided in section one
7 hundred ten-b of this chapter.
8 6. Such permit and the exercise of the privileges granted thereunder
9 shall be subject to such rules that the authority may deem necessary.
10 § 2. Paragraphs (a) and (b) of subdivision 5 of section 106 of the
11 alcoholic beverage control law, paragraph (a) as amended by chapter 160
12 of the laws of 2024 and paragraph (b) as amended by section 1 of part FF
13 of chapter 55 of the laws of 2020, are amended to read as follows:
14 (a) Except as provided in paragraph (c) of this subdivision, on
15 Sunday, from four ante meridiem to ten o'clock a.m., except pursuant to
16 a permit issued under section ninety-nine-h [or], subdivision five of
17 section ninety-seven [of this chapter] or a permit issued under section
18 ninety-nine-i of this chapter.
19 (b) Except as provided in paragraph (c) of this subdivision, on any
20 other day between four ante meridiem and eight ante meridiem, except
21 pursuant to a permit issued under section ninety-nine-i of this chapter.
22 § 3. This act shall take effect on the one hundred eightieth day after
23 it shall have become a law. Effective immediately, the addition, amend-
24 ment and/or repeal of any rule or regulation necessary for the implemen-
25 tation of this act on its effective date are authorized to be made and
26 completed on or before such effective date.
27 SUBPART G
28 Section 1. Section 53 of the alcoholic beverage control law, as
29 amended by chapter 3 of the laws of 2021, is amended to read as follows:
30 § 53. Wholesaler's license. Any person may apply to the liquor author-
31 ity for a license to sell beer at wholesale. Such application shall be
32 in writing and verified and shall contain such information as the liquor
33 authority shall require. Such application shall be accompanied by a
34 check or draft for the amount required by this article for such license.
35 If the liquor authority shall grant the application it shall issue a
36 license in such form as shall be determined by its rules. Such a license
37 shall contain a description of the licensed premises and in form and in
38 substance shall be a license to the person therein specifically desig-
39 nated to sell beer at wholesale in the premises therein specifically
40 licensed to duly licensed wholesalers, retailers and permittees in this
41 state, and to sell or deliver beer to persons outside the state pursuant
42 to the laws of the place of such sale or delivery. A wholesaler's
43 license [issued or renewed prior to July first, nineteen hundred sixty,
44 and thereafter renewed or transferred,] shall authorize the holder ther-
45 eof to sell beer at retail [to a person for consumption in his home;
46 provided, however, that regardless of the date issued, renewed or trans-
47 ferred, a wholesaler's license issued to a brewer or to the wholly-owned
48 subsidiary of a brewer, shall authorize the holder thereof to sell beer
49 at retail to a person for consumption in his home] for off-premises
50 consumption.
51 § 2. This act shall take effect immediately and shall apply to all
52 applications submitted to the authority on or after such effective date.
53 Effective immediately, the addition, amendment and/or repeal of any rule
54 or regulation necessary for the implementation of this act on its effec-
S. 9005 53 A. 10005
1 tive date are authorized to be made and completed on or before such
2 effective date.
3 SUBPART H
4 Section 1. Subdivision 3 of section 17 of the alcoholic beverage
5 control law, as separately amended by section 4 of chapter 342 and
6 section 2 of chapter 656 of the laws of 2025, is amended to read as
7 follows:
8 3. To revoke, cancel or suspend for cause any license or permit issued
9 under this chapter and/or to impose a civil penalty for cause against
10 any holder of a license or permit issued pursuant to this chapter. Any
11 civil penalty so imposed shall not exceed the sum of ten thousand
12 dollars as against the holder of any retail permit issued pursuant to
13 sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, nine-
14 ty-nine-i, and paragraph f of subdivision one of section ninety-nine-b
15 of this chapter, and as against the holder of any retail license issued
16 pursuant to sections fifty-three-a, fifty-four, fifty-four-a, fifty-
17 five, fifty-five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
18 sixty-four-c, sixty-four-d, sixty-four-e, sixty-four-f, sixty-four-g,
19 sixty-four-h, seventy-six-f, seventy-nine, eighty-one and eighty-one-a
20 of this chapter, and the sum of thirty thousand dollars as against the
21 holder of a license issued pursuant to sections thirty, thirty-one,
22 thirty-five, fifty-three, fifty-nine-b, sixty-one-a, sixty-one-b,
23 sixty-one-c, sixty-eight, seventy-six, seventy-six-a, [and]
24 seventy-six-c, seventy-six-d, seventy-six-f, seventy-seven, seventy-
25 eight and seventy-nine-c of this chapter, provided that the civil penal-
26 ty against the holder of a wholesale license issued pursuant to section
27 fifty-three of this chapter shall not exceed the sum of ten thousand
28 dollars where that licensee violates provisions of this chapter during
29 the course of the sale of beer at retail to a person for consumption at
30 home, and the sum of one hundred thousand dollars as against the holder
31 of any license issued pursuant to sections fifty-one, sixty-one, and
32 sixty-two of this chapter. Any civil penalty so imposed shall be in
33 addition to and separate and apart from the terms and provisions of the
34 bond required pursuant to section one hundred twelve of this chapter.
35 Provided that no appeal is pending on the imposition of such civil
36 penalty, in the event such civil penalty imposed by the division remains
37 unpaid, in whole or in part, more than forty-five days after written
38 demand for payment has been sent by first class mail to the address of
39 the licensed premises, a notice of impending default judgment shall be
40 sent by first class mail to the licensed premises and by first class
41 mail to the last known home address of the person who signed the most
42 recent license application. The notice of impending default judgment
43 shall advise the licensee: (a) that a civil penalty was imposed on the
44 licensee; (b) the date the penalty was imposed; (c) the amount of the
45 civil penalty; (d) the amount of the civil penalty that remains unpaid
46 as of the date of the notice; (e) the violations for which the civil
47 penalty was imposed; and (f) that a judgment by default will be entered
48 in the supreme court of the county in which the licensed premises are
49 located, or other court of civil jurisdiction or any other place
50 provided for the entry of civil judgments within the state of New York
51 unless the division receives full payment of all civil penalties due
52 within twenty days of the date of the notice of impending default judg-
53 ment. If full payment shall not have been received by the division with-
54 in thirty days of mailing of the notice of impending default judgment,
S. 9005 54 A. 10005
1 the division shall proceed to enter with such court a statement of the
2 default judgment containing the amount of the penalty or penalties
3 remaining due and unpaid, along with proof of mailing of the notice of
4 impending default judgment. The filing of such judgment shall have the
5 full force and effect of a default judgment duly docketed with such
6 court pursuant to the civil practice law and rules and shall in all
7 respects be governed by that chapter and may be enforced in the same
8 manner and with the same effect as that provided by law in respect to
9 execution issued against property upon judgments of a court of record. A
10 judgment entered pursuant to this subdivision shall remain in full force
11 and effect for eight years notwithstanding any other provision of law.
12 § 2. Subdivision 6 of section 64-a of the alcoholic beverage control
13 law, as amended by section 2 of part CC of chapter 55 of the laws of
14 2024, is amended to read as follows:
15 6. No special on-premises license shall be granted except for premises
16 in which the principal business shall be (a) the sale of food or bever-
17 ages at retail for consumption on the premises; (b) an airline lounge;
18 (c) a cafe or [(b)] (d) the operation of a legitimate theatre, including
19 a motion picture theatre that is a building or facility which is regu-
20 larly used and kept open primarily for the exhibition of motion pictures
21 for at least five out of seven days a week, or on a regular seasonal
22 basis of no less than six contiguous weeks, to the general public where
23 all auditorium seating is permanently affixed to the floor and at least
24 sixty-five percent of the motion picture theatre's annual gross revenues
25 is the combined result of admission revenue for the showing of motion
26 pictures and the sale of food and non-alcoholic beverages, or such other
27 lawful adult entertainment or recreational facility as the liquor
28 authority, giving due regard to the convenience of the public and the
29 strict avoidance of sales prohibited by this chapter, shall by regu-
30 lation classify for eligibility.
31 § 3. Subdivision 6 of section 64-a of the alcoholic beverage control
32 law, as amended by chapter 475 of the laws of 2011, is amended to read
33 as follows:
34 6. No special on-premises license shall be granted except for premises
35 in which the principal business shall be (a) the sale of food or bever-
36 ages at retail for consumption on the premises; (b) an airline lounge;
37 (c) a cafe or [(b)] (d) the operation of a legitimate theatre or such
38 other lawful adult entertainment or recreational facility as the liquor
39 authority, giving due regard to the convenience of the public and the
40 strict avoidance of sales prohibited by this chapter, shall by regu-
41 lation classify for eligibility. Nothing contained in this subdivision
42 shall be deemed to authorize the issuance of a license to a motion
43 picture theatre, except those meeting the definition of restaurant and
44 meals, and where all seating is at tables where meals are served.
45 § 4. This act shall take effect on the one hundred eightieth day after
46 it shall have become a law; provided however, that the amendments to
47 subdivision 3 of section 17 of the alcoholic beverage control law made
48 by section one of this act shall be subject to the expiration of such
49 subdivision and shall expire and be deemed repealed therewith; provided
50 further, however, that the amendments to subdivision 6 of section 64-a
51 of the alcoholic beverage control law made by section two of this act
52 shall be subject to the expiration and reversion of such subdivision
53 pursuant to section 5 of part CC of chapter 55 of the laws of 2024, as
54 amended, when upon such date the provisions of section three of this act
55 shall take effect. Effective immediately, the addition, amendment
56 and/or repeal of any rule or regulation necessary for the implementation
S. 9005 55 A. 10005
1 of this act on its effective date are authorized to be made and
2 completed on or before such effective date.
3 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
4 sion, section or part of this act shall be adjudged by any court of
5 competent jurisdiction to be invalid, such judgment shall not affect,
6 impair, or invalidate the remainder thereof, but shall be confined in
7 its operation to the clause, sentence, paragraph, subdivision, section
8 or part thereof directly involved in the controversy in which such judg-
9 ment shall have been rendered. It is hereby declared to be the intent of
10 the legislature that this act would have been enacted even if such
11 invalid provisions had not been included herein.
12 § 3. This act shall take effect immediately, provided, however, that
13 the applicable effective date of Subparts A through H of this act shall
14 be as specifically set forth in the last section of such Subparts.
15 PART Q
16 Section 1. The alcoholic beverage control law is amended by adding a
17 new section 64-g to read as follows:
18 § 64-g. Dine and dance license. 1. Any person may make an application
19 to the state liquor authority for a license to sell liquor at retail to
20 be consumed on the premises of a dine and dance licensee. Such licenses
21 shall be issued except for good cause shown and shall in form and in
22 substance be a license to the person specifically licensed to sell
23 liquors at retail, to be consumed upon the premises. Such license shall
24 also be deemed to include a license to sell wine, beer, cider, mead
25 and/or braggot at retail to be consumed under the same terms and condi-
26 tions, without the payment of any additional fee. All of the provisions
27 of this chapter relative to licenses to sell liquor, wine, beer, cider,
28 mead and/or braggot at retail for consumption on the premises shall
29 apply so far as applicable to such application.
30 2. Such application shall be in such form and shall contain such
31 information as shall be required by the liquor authority and shall be
32 accompanied by a check or draft in the amount required by this chapter
33 for such licenses.
34 3. Section fifty-four of this chapter shall control, so far as appli-
35 cable, the procedure in connection with such application.
36 4. Under this section, permissible methods of operation include live
37 and/or recorded and/or DJ music and shall also specifically provide for
38 patron and/or employee dancing, provided that such dancing shall not
39 include exotic dancing. The liquor authority may promulgate such rules
40 and regulations as deemed necessary to carry out the provisions of this
41 section.
42 5. Every dine and dance licensee shall keep food available for sale to
43 its customers for consumption on the premises. The availability of sand-
44 wiches, soups or comparable foods, whether fresh, processed, pre-cooked
45 or frozen, during such hours of operation shall be deemed compliance
46 with this requirement. Nothing contained in this subdivision, however,
47 shall be construed to require that any food be sold or purchased with
48 any liquor.
49 6. The authority may consider any or all of the following in determin-
50 ing whether public convenience and advantage and the public interest
51 will be promoted by the granting of licenses under this section:
52 (a) the number, classes and character of licenses in proximity to the
53 location and in the particular municipality or subdivision thereof;
S. 9005 56 A. 10005
1 (b) evidence that applicants have secured all necessary licenses and
2 permits from the state and all other governing bodies;
3 (c) the effect that the granting of the license will have on vehicular
4 traffic and parking in the proximity of the location;
5 (d) the existing noise level at the location and any increase in noise
6 level that would be generated by the proposed premises;
7 (e) the history of liquor violations and reported criminal activity at
8 the proposed premises; and
9 (f) any other factors specified by law or regulation that are relevant
10 to determine the public convenience or advantage and necessary to find
11 that the granting of such license shall be in the public interest.
12 7. No restaurant dine and dance license shall be granted for any prem-
13 ises which shall be:
14 (a) on the same street or avenue and within two hundred feet of a
15 building occupied exclusively as a school, church, synagogue or other
16 place of worship; or
17 (b) in a city, town or village having a population of twenty thousand
18 or more within five hundred feet of three or more existing premises
19 licensed and operating pursuant to this section and sections sixty-four,
20 sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d, and/or sixty-
21 four-f of this article;
22 (c) the measurements in paragraphs (a) and (b) of this subdivision are
23 to be taken in straight lines from the center of the nearest entrance of
24 the premises sought to be licensed to the center of the nearest entrance
25 of such school, church, synagogue or other place of worship or to the
26 center of the nearest entrance of each such premises licensed and oper-
27 ating pursuant to this section and sections sixty-four, sixty-four-a,
28 sixty-four-b, sixty-four-c, sixty-four-d, and/or sixty-four-f of this
29 article; except, however, that no renewal license shall be denied
30 because of such restriction to any premises so located which were main-
31 tained as a bona fide hotel, restaurant, catering establishment or club
32 on or prior to December fifth, nineteen hundred thirty-three; and,
33 except that no license shall be denied to any premises at which a
34 license under this chapter has been in existence continuously from a
35 date prior to the date when a building on the same street or avenue and
36 within two hundred feet of said premises has been occupied exclusively
37 as a school, church, synagogue or other place of worship; and except
38 that no license shall be denied to any premises, which is within five
39 hundred feet of three or more existing premises licensed and operating
40 pursuant to this section and sections sixty-four, sixty-four-a, sixty-
41 four-b, sixty-four-c, sixty-four-d, and/or sixty-four-f of this article,
42 at which a license under this chapter has been in existence continuously
43 on or prior to November first, nineteen hundred ninety-three. The liquor
44 authority, in its discretion, may authorize the removal of any such
45 licensed premises to a different location on the same street or avenue,
46 within two hundred feet of said school, church, synagogue or other place
47 of worship, provided that such new location is not within a closer
48 distance to such school, church, synagogue or other place of worship.
49 (d) within the context of this subdivision, the word "entrance" shall
50 mean a door of a school, of a house of worship, or of premises licensed
51 and operating pursuant to this section and sections sixty-four, sixty-
52 four-a, sixty-four-b, sixty-four-c, sixty-four-d, and/or sixty-four-f of
53 this article or of the premises sought to be licensed, regularly used to
54 give ingress to students of the school, to the general public attending
55 the place of worship, and to patrons or guests of the premises licensed
56 and operating pursuant to this section and sections sixty-four, sixty-
S. 9005 57 A. 10005
1 four-a, sixty-four-b, sixty-four-c, sixty-four-d and/or sixty-four-f of
2 this article or of the premises sought to be licensed, except that where
3 a school or house of worship or premises licensed and operating pursuant
4 to this section and sections sixty-four, sixty-four-a, sixty-four-b,
5 sixty-four-c, sixty-four-d, and/or sixty-four-f of this article or the
6 premises sought to be licensed is set back from a public thoroughfare,
7 the walkway or stairs leading to any such door shall be deemed an
8 entrance; and the measurement shall be taken to the center of the walk-
9 way or stairs at the point where it meets the building line or public
10 thoroughfare. A door which has no exterior hardware, or which is used
11 solely as an emergency or fire exit, or for maintenance purposes, or
12 which leads directly to a part of a building not regularly used by the
13 general public or patrons, is not deemed an "entrance".
14 (d-1) within the context of this subdivision, a building occupied as a
15 place of worship does not cease to be "exclusively" occupied as a place
16 of worship by incidental uses that are not of a nature to detract from
17 the predominant character of the building as a place of worship, such
18 uses which include, but which are not limited to: the conduct of legally
19 authorized games of bingo or other games of chance held as a means of
20 raising funds for the not-for-profit religious organization which
21 conducts services at the place of worship or for other not-for-profit
22 organizations or groups; use of the building for fund-raising perform-
23 ances by or benefitting the not-for-profit religious organization which
24 conducts services at the place of worship or other not-for-profit organ-
25 izations or groups; the use of the building by other religious organiza-
26 tions or groups for religious services or other purposes; the conduct of
27 social activities by or for the benefit of the congregants; the use of
28 the building for meetings held by organizations or groups providing
29 bereavement counseling to persons having suffered the loss of a loved
30 one, or providing advice or support for conditions or diseases includ-
31 ing, but not limited to, alcoholism, drug addiction, cancer, cerebral
32 palsy, Parkinson's disease, or Alzheimer's disease; the use of the
33 building for blood drives, health screenings, health information meet-
34 ings, yoga classes, exercise classes or other activities intended to
35 promote the health of the congregants or other persons; and use of the
36 building by non-congregant members of the community for private social
37 functions. The building occupied as a place of worship does not cease to
38 be "exclusively" occupied as a place of worship where the not-for-profit
39 religious organization occupying the place of worship accepts the
40 payment of funds to defray costs related to another party's use of the
41 building.
42 8. Any license issued pursuant to this section shall be subject to 9
43 NYCRR §48.3.
44 § 2. Subdivision 4 of section 66 of the alcoholic beverage control
45 law, as amended by chapter 703 of the laws of 2022, is amended to read
46 as follows:
47 4. The annual fee for a license, under section sixty-four [or],
48 sixty-four-a, sixty-four-b, sixty-four-d, or sixty-four-g of this arti-
49 cle, to sell liquor at retail to be consumed on the premises where sold
50 shall be twenty-one hundred seventy-six dollars in the counties of New
51 York, Kings, Bronx and Queens; fifteen hundred thirty-six dollars in the
52 county of Richmond and in cities having a population of more than one
53 hundred thousand and less than one million; twelve hundred sixteen
54 dollars in cities having a population of more than fifty thousand and
55 less than one hundred thousand; and the sum of eight hundred ninety-six
56 dollars elsewhere; except that the license fees for catering establish-
S. 9005 58 A. 10005
1 ments and off-premises catering establishments shall be two-thirds the
2 license fee specified herein and for clubs, except luncheon clubs and
3 golf clubs, shall be seven hundred fifty dollars in counties of New
4 York, Kings, Bronx and Queens; five hundred dollars in the county of
5 Richmond and in cities having a population of more than one hundred
6 thousand and less than one million; three hundred fifty dollars in
7 cities having a population of more than fifty thousand and less than one
8 hundred thousand; and the sum of two hundred fifty dollars elsewhere.
9 The annual fees for luncheon clubs shall be three hundred seventy-five
10 dollars, and for golf clubs in the counties of New York, Kings, Bronx,
11 Queens, Nassau, Richmond and Westchester, two hundred fifty dollars, and
12 elsewhere one hundred eighty-seven dollars and fifty cents. Notwith-
13 standing any other provision of law to the contrary, there shall be no
14 annual fee for a license, under section sixty-four, to sell liquor at
15 retail to be consumed on the premises where the applicant is an organ-
16 ization organized under section two hundred sixty of the military law
17 and incorporated pursuant to the not-for-profit corporation law.
18 Provided, however, that where any premises for which a license is issued
19 pursuant to section sixty-four [or], sixty-four-a, or sixty-four-g of
20 this article remain open only within the period commencing April first
21 and ending October thirty-first of any one year, or only within the
22 period commencing October first and ending the following April thirti-
23 eth, the liquor authority may, in its discretion, grant a summer or
24 winter license effective only for such appropriate period of time, for
25 which a license fee shall be paid to be pro-rated for the period for
26 which such license is effective, at the rate provided for in the city,
27 town or village in which such premises are located, except that no such
28 license fee shall be less than one-half of the regular annual license
29 fee; provided further that where the premises to be licensed are a race
30 track or a golf course or are licensed pursuant to section sixty-four or
31 sixty-four-a of this article, the period of such summer license may
32 commence March first and end November thirtieth.
33 Where a hotel, restaurant, club, golf course or race track is open
34 prior to April first and/or subsequent to October thirty-first by reason
35 of the issuance of a caterer's permit or permits issued by the authori-
36 ty, such fact alone shall not affect the eligibility of the premises or
37 the person owning or operating such hotel, restaurant, club, golf course
38 or race track for a summer license.
39 § 3. Section 67 of the alcoholic beverage control law, as amended by
40 chapter 523 of the laws of 2023, is amended to read as follows:
41 § 67. License fees, duration of licenses; fee for part of year.
42 Effective April first, nineteen hundred eighty-three, licenses issued
43 pursuant to sections sixty-one, sixty-two, sixty-three, sixty-four,
44 sixty-four-a, sixty-four-b, sixty-four-c and sixty-four-e of this arti-
45 cle shall be effective for three years at three times that annual fee,
46 except that, in implementing the purposes of this section, the liquor
47 authority shall schedule the commencement dates, duration and expiration
48 dates thereof to provide for an equal cycle of license renewals issued
49 under each such section through the course of the fiscal year. Effective
50 December first, nineteen hundred ninety-eight, licenses issued pursuant
51 to sections sixty-four, sixty-four-a [and], sixty-four-b, sixty-four-d,
52 sixty-four-f, and sixty-four-g of this article shall be effective for
53 two years at two times that annual fee, except that, in implementing the
54 purposes of this section, the liquor authority shall schedule the
55 commencement dates, duration and expiration dates thereof to provide for
56 an equal cycle of license renewals issued under each such section
S. 9005 59 A. 10005
1 through the course of the fiscal year. Notwithstanding the foregoing,
2 commencing on December first, nineteen hundred ninety-eight and conclud-
3 ing on July thirty-first, two thousand two, a licensee issued a license
4 pursuant to section sixty-four, sixty-four-a or sixty-four-b of this
5 article may elect to remit the fee for such license in equal annual
6 installments. Such installments shall be due on dates established by the
7 liquor authority and the failure of a licensee to have remitted such
8 annual installments after a due date shall be a violation of this chap-
9 ter. For licenses issued for less than the three-year licensing period,
10 the license fee shall be levied on a pro-rated basis. The entire license
11 fee shall be due and payable at the time of application. The liquor
12 authority may make such rules as shall be appropriate to carry out the
13 purpose of this section.
14 § 4. Subdivision 1 of section 110-a of the alcoholic beverage control
15 law, as added by chapter 77 of the laws of 1999, is amended to read as
16 follows:
17 1. Every person applying for a license to sell alcoholic beverages
18 pursuant to subdivision four of section fifty-one, or section fifty-
19 five, sixty-four, sixty-four-a, sixty-four-b, sixty-four-c,
20 sixty-four-d, sixty-four-f, sixty-four-g, eighty-one or eighty-one-a of
21 this chapter shall publish notice thereof pursuant to subdivision two of
22 this section.
23 § 5. Subdivision 1 of section 110-b of the alcoholic beverage control
24 law, as amended by chapter 342 of the laws of 2025, is amended to read
25 as follows:
26 1. Not more than two hundred seventy days before filing any of the
27 following applications, an applicant shall notify the municipality in
28 which the premises is located of such applicant's intent to file such an
29 application:
30 (a) for a license issued pursuant to section fifty-five, fifty-five-a,
31 sixty-four, sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d,
32 sixty-four-f, sixty-four-g, eighty-one or eighty-one-a of this chapter;
33 (b) for a renewal under section one hundred nine of this chapter of a
34 license issued pursuant to section fifty-five, fifty-five-a, sixty-four,
35 sixty-four-a, sixty-four-c, sixty-four-d, sixty-four-f, sixty-four-g,
36 eighty-one or eighty-one-a of this chapter if the premises is located
37 within the city of New York;
38 (c) for approval of an alteration under section ninety-nine-d of this
39 chapter if the premises is located within the city of New York and
40 licensed pursuant to section fifty-five, fifty-five-a, sixty-four,
41 sixty-four-a, sixty-four-c, sixty-four-d, sixty-four-f, sixty-four-g,
42 eighty-one or eighty-one-a of this chapter;
43 (d) for approval of a substantial corporate change under section nine-
44 ty-nine-d of this chapter if the premises is located within the city of
45 New York and licensed pursuant to section fifty-five, fifty-five-a,
46 sixty-four, sixty-four-a, sixty-four-c, sixty-four-d, sixty-four-f,
47 sixty-four-g, eighty-one or eighty-one-a of this chapter; or
48 (e) for a temporary retail permit issued under paragraph (b) of subdi-
49 vision one of section ninety-seven-a of this chapter where the estab-
50 lishment is to be licensed pursuant to section fifty-five, fifty-five-a,
51 sixty-four, sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d,
52 sixty-four-f, sixty-four-g, eighty-one or eighty-one-a of this chapter
53 located in a city with a population of one million or more people. If an
54 applicant subject to this paragraph shall, after filing an application
55 for a retail license and providing proper notice for such application
56 pursuant to paragraph (a) of this subdivision, subsequently file an
S. 9005 60 A. 10005
1 application for a temporary retail permit pursuant to section ninety-
2 seven-a of this chapter at the same premises, such applicant must file
3 additional notice pursuant to this paragraph; provided, however, such
4 notice will be effective at the later of its proper service under this
5 section or thirty days from the date proper notice was served under
6 paragraph (a) of this subdivision for the license at the same premises.
7 § 6. This act shall take effect on the one hundred eightieth day after
8 it shall have become a law and shall apply to all applications received
9 by the authority on or after such effective date; provided, however,
10 that if chapter 342 of the laws of 2025 shall not have taken effect on
11 or before such date then section five of this act shall take effect on
12 the same date and in the same manner as such chapter of the laws of 2025
13 takes effect. Effective immediately, the addition, amendment, and/or
14 repeal of any rule or regulation necessary for the implementation of
15 this act on its effective date are authorized to be made and completed
16 on or before such effective date.
17 PART R
18 Section 1. Subdivisions 2 and 3 of section 17-212 of the election law,
19 as added by chapter 226 of the laws of 2022, are amended to read as
20 follows:
21 2. (a) Any person, political committee, labor organization, corpo-
22 ration, or other entity, whether acting under color of law or otherwise,
23 who knowingly violates subdivision one of this section is guilty of a
24 class A misdemeanor.
25 (b) Any attempt to commit an offense described in subdivision one of
26 this section, in accordance with the applicable provision of the penal
27 law, is a class B misdemeanor.
28 3. Standing. Any aggrieved persons, organization whose membership
29 includes aggrieved persons or members of a protected class, organization
30 whose mission, in whole or in part, is to ensure voting access and such
31 mission would be hindered by a violation of this section, or the attor-
32 ney general may file an action pursuant to this section in the supreme
33 court of the county in which the alleged violation of this section
34 occurred.
35 [3.] 4. Remedies. (a) The provisions of article twenty and article one
36 hundred five of the penal law, relating to criminal liability for
37 conduct of another and conspiracy, shall apply to prosecutions under
38 this section.
39 (b) Notwithstanding any other provision of law, the attorney general
40 shall have concurrent jurisdiction with any district attorney in the
41 prosecution of any offenses under this section relating to deceptive
42 practices as well as any offenses arising out of such prosecution.
43 (c) Upon a finding of a violation of any provision of this section,
44 the court shall implement appropriate remedies that are tailored to
45 remedy the violation, including but not limited to providing for addi-
46 tional time to cast a ballot that may be counted in the election at
47 issue. Any party who shall violate any of the provisions of the forego-
48 ing section or who shall aid the violation of any of said provisions
49 shall be liable to any prevailing plaintiff party for damages, including
50 nominal damages for any violation, and compensatory or punitive damages
51 for any intentional violation.
52 § 2. Section 17-166 of the election law is amended to read as follows:
53 § 17-166. Penalty. Any person convicted of a misdemeanor under this
54 article shall for a first offense be punished by a sentence of imprison-
S. 9005 61 A. 10005
1 ment for not more than one year, or by a fine of not less than one
2 hundred dollars nor more than five hundred dollars, or by both such fine
3 and imprisonment, unless otherwise provided by law. Any person who,
4 having been convicted of a misdemeanor under this article, shall there-
5 after be convicted of another misdemeanor under this article, shall be
6 guilty of a class E felony. For any subsequent conviction under this
7 article, such person shall be guilty of a class D felony.
8 § 3. This act shall take effect immediately.
9 PART S
10 Section 1. Subdivision 5 of section 14-106 of the election law, as
11 added by section 1 of subpart B of part MM of chapter 58 of the laws of
12 2024 and paragraph (b) as amended by chapter 169 of the laws of 2024, is
13 amended to read as follows:
14 5. (a) For purposes of this subdivision:
15 (i) "Materially deceptive media" means any image, video, audio, text,
16 or any technological representation of speech or conduct fully or
17 partially created or modified that:
18 (1) exhibits a high level of authenticity or convincing appearance
19 that is visually or audibly indistinguishable from reality to a reason-
20 able person;
21 (2) depicts a scenario that did not actually occur or that has been
22 altered in a significant way from how [they] it actually occurred; and
23 (3) is created by or with software, machine learning, artificial
24 intelligence, or any other computer-generated or technological means,
25 including adapting, modifying, manipulating, or altering a realistic
26 depiction.
27 (ii) "Information content provider" means any person or entity that is
28 responsible, in whole or in part, for the creation or development of
29 information provided through the Internet or any other interactive
30 computer service.
31 (iii) "Provenance data" has the same meaning as defined in section
32 fifteen hundred thirty of the general business law except that for the
33 purposes of this section, to the extent it is technically feasible and
34 reasonable, "provenance data" shall include unique device, system, or
35 service information that is reasonably capable of being associated with
36 a particular user who created or modified such digital content.
37 (b) (i) A person, firm, association, corporation, campaign, committee,
38 or organization that distributes or publishes any political communi-
39 cation that was produced by or includes materially deceptive media and
40 has actual knowledge that it is materially deceptive shall be required
41 to disclose this use. To the extent it is technically feasible and
42 reasonable, such materially deceptive media shall contain provenance
43 data.
44 (ii) (1) For visual media the disclosure shall be printed or typed in
45 a legible font size easily readable by the average viewer that is no
46 smaller than other text appearing in the visual media and in the same
47 language used on the communication to read as follows: "This (image,
48 video, or audio) has been manipulated".
49 (2) For communication that is auditory, such as radio or automated
50 telephone calls, clearly speaking the statement at the beginning of the
51 audio, at the end of the audio, and, if the audio is greater than two
52 minutes in length, interspersed within the audio at intervals of not
53 greater than two minutes each and in the same language as the rest of
54 the audio used in the communication, and in a pitch that can be easily
S. 9005 62 A. 10005
1 heard by the average listener satisfies the requirements of clause one
2 of this subparagraph.
3 (c) A person, firm, association, corporation, campaign, committee, or
4 organization shall not distribute or publish materially deceptive media
5 or enter into a contract or other agreement to distribute or publish
6 materially deceptive media if such person, firm, association, corpo-
7 ration, campaign, committee, or organization knows or reasonably should
8 know that the item being disseminated is materially deceptive media and
9 distribution:
10 (i) takes place within ninety days before an election;
11 (ii) is made without the express written consent of any depicted indi-
12 vidual; and
13 (iii) is made with the intent to influence the result of an election.
14 [(iii) This paragraph] (d) Paragraphs (b) and (c) of this subdivision
15 shall not apply to the following:
16 [(1)] (i) materially deceptive media that constitutes satire or paro-
17 dy;
18 [(2)] (ii) materially deceptive media distributed by a bona fide news
19 reporting entity for the purpose of news reporting or coverage, if the
20 reporting clearly acknowledges through content or a disclosure, in a
21 manner that can be easily read or heard by the average listener or view-
22 er, that there are questions about the authenticity of the materially
23 deceptive media;
24 [(3)] (iii) a radio or television broadcasting station, including a
25 cable television, satellite television or streaming service operator,
26 programmer, producer or other similar entity, that broadcasts a poli-
27 tical communication when the station or streaming service is paid to
28 broadcast the political communication if the station or streaming
29 service can show that it has disclaimer requirements that are consistent
30 with the requirements provided in [this] paragraph (b) of this subdivi-
31 sion and that it provided those disclaimer requirements to each person
32 or entity that purchased the broadcast or streaming of the advertise-
33 ment; or
34 [(4)] (iv) initial dissemination by a platform or service including,
35 but not limited to, a website, regularly published newspaper, or maga-
36 zine, where the content disseminated is materially deceptive media
37 provided by another information content provider.
38 [(iv)] (e) A candidate whose voice or likeness appears in materially
39 deceptive media in violation of this subdivision may seek reasonable
40 court costs and attorneys' fees and injunctive relief prohibiting the
41 distribution, publication or broadcasting of any materially deceptive
42 media in violation of this subdivision against such individual or entity
43 who disseminated or published such media without the consent of the
44 person depicted and who knew or should have known that it was materially
45 deceptive. An action under this paragraph shall be initiated by filing
46 an application for an order to show cause in the supreme court where the
47 materially deceptive media at issue could deceive and influence electors
48 in an upcoming election. Such action shall be entitled to an automatic
49 calendar preference and be subject to expedited pretrial and trial
50 proceedings.
51 [(v)] (f) In any action alleging a violation of this subdivision in
52 which a plaintiff seeks preliminary relief with respect to an upcoming
53 election, the court shall grant relief if it determines that:
54 [(A)] (i) plaintiffs are more likely than not to succeed on the
55 merits; and
S. 9005 63 A. 10005
1 [(B)] (ii) it is possible to implement an appropriate remedy that
2 would resolve the alleged violation in the upcoming election.
3 [(vi)] (g) In any action commenced under this subdivision, the plain-
4 tiff bears the burden of establishing the use of materially deceptive
5 media by clear and convincing evidence.
6 § 2. This act shall take effect January 1, 2027.
7 PART T
8 Section 1. Section 602 of the financial services law, as added by
9 section 26 of part H of chapter 60 of the laws of 2014, is amended to
10 read as follows:
11 § 602. Applicability. [(a)] This article shall not apply to health
12 care services, including emergency services, where physician fees are
13 subject to schedules or other monetary limitations under any other law,
14 including the workers' compensation law and article fifty-one of the
15 insurance law, and shall not preempt any such law. This article also
16 shall not apply to health care services, including emergency services,
17 subject to medical assistance program coverage provided pursuant to
18 section three hundred sixty-four-j of the social services law.
19 § 2. Subsection (c) of section 603 of the financial services law, as
20 added by section 26 of part H of chapter 60 of the laws of 2014, is
21 amended and two new subsections (j) and (k) are added to read as
22 follows:
23 (c) "Health care plan" means an insurer licensed to write accident and
24 health insurance pursuant to article thirty-two of the insurance law; a
25 corporation organized pursuant to article forty-three of the insurance
26 law; a municipal cooperative health benefit plan certified pursuant to
27 article forty-seven of the insurance law; a health maintenance organiza-
28 tion certified pursuant to article forty-four of the public health law;
29 [or] a student health plan established or maintained pursuant to section
30 one thousand one hundred twenty-four of the insurance law; or a health
31 benefit plan operated pursuant to article eleven of the civil service
32 law.
33 (j) "Allowed benchmark" means the fiftieth percentile of all allowed
34 amounts for the particular health care service performed by a partic-
35 ipating provider in the same or similar specialty and provided in the
36 same geographical area as reported in a benchmarking database maintained
37 by a nonprofit organization specified by the superintendent. The
38 nonprofit organization shall not be affiliated with an insurer, a corpo-
39 ration subject to article forty-three of the insurance law, a municipal
40 cooperative health benefit plan certified pursuant to article forty-sev-
41 en of the insurance law, or a health maintenance organization certified
42 pursuant to article forty-four of the public health law.
43 (k) "Maximum fee" means the eightieth percentile of all allowed
44 amounts for the particular health care service performed by a partic-
45 ipating provider in the same or similar specialty and provided in the
46 same geographical area as reported in a benchmarking database maintained
47 by a nonprofit organization specified by the superintendent. The nonpro-
48 fit organization shall not be affiliated with an insurer, a corporation
49 subject to article forty-three of the insurance law, a municipal cooper-
50 ative health benefit plan certified pursuant to article forty-seven of
51 the insurance law, or a health maintenance organization certified pursu-
52 ant to article forty-four of the public health law.
S. 9005 64 A. 10005
1 § 3. Section 604 of the financial services law, as amended by section
2 4 of subpart A of part AA of chapter 57 of the laws of 2022, is amended
3 to read as follows:
4 § 604. Criteria for determining a reasonable fee. (a) In determining
5 the appropriate amount to pay for a health care service, an independent
6 dispute resolution entity shall [consider all relevant factors, includ-
7 ing] select either the health care plan's payment or the non-participat-
8 ing provider's fee depending on which one is closest to the allowed
9 benchmark, provided, however, that the independent dispute resolution
10 entity may choose the health care plan's payment or the non-participat-
11 ing provider's fee if it is not closest to the allowed benchmark if:
12 [(a) whether there is a gross disparity between the fee charged by the
13 provider for services rendered as compared to:]
14 (1) [fees paid to the involved provider for the same services rendered
15 by the provider to other patients in health care plans in which the
16 provider is not participating, and
17 (2) in the case of a dispute involving a health care plan, fees paid
18 by the health care plan to reimburse similarly qualified providers for
19 the same services in the same region who are not participating with the
20 health care plan;
21 (b)] the health care plan's payment or the non-participating provid-
22 er's fee are equally distant from the allowed benchmark; or
23 (2) the independent dispute resolution entity determines that any of
24 the following information submitted by either party clearly demonstrates
25 that the allowed benchmark is not appropriate:
26 (A) the level of training, education and experience of the health care
27 professional, and in the case of a hospital, the teaching staff, scope
28 of services and case mix;
29 [(c) the provider's usual charge for comparable services with regard
30 to patients in health care plans in which the provider is not partic-
31 ipating;
32 (d)] (B) the circumstances and complexity of the particular case,
33 including time and place of the service; or
34 [(e)] (C) individual patient characteristics[;
35 (f) the median of the rate recognized by the health care plan to reim-
36 burse similarly qualified providers for the same or similar services in
37 the same region that are participating with the health care plan; and
38 (g) with regard to physician services, the usual and customary cost of
39 the service].
40 (b) If the independent dispute resolution entity selects the health
41 care plan's payment or the non-participating provider's fee that is not
42 closest to the allowed benchmark, such decision shall not be on the
43 basis of:
44 (1) whether there is a gross disparity between the fee charged by the
45 provider for services rendered as compared to:
46 (A) fees paid to the involved provider for the same services rendered
47 by the provider to other patients in health care plans in which the
48 provider is not participating; or
49 (B) in the case of a dispute involving a health care plan, fees paid
50 by the health care plan to reimburse similarly qualified providers for
51 the same services in the same region who are not participating with the
52 health care plan;
53 (2) the provider's usual charge for comparable services with regard to
54 patients in health care plans in which the provider is not participat-
55 ing; or
S. 9005 65 A. 10005
1 (3) with regard to physician services, the usual and customary cost of
2 the service.
3 (c) If an independent dispute resolution entity makes a determination
4 pursuant to paragraph two of subsection (a) of this section, its written
5 decision shall include an explanation of the factors in paragraph two of
6 subsection (a) of this section that demonstrated the health care plan's
7 payment or non-participating provider's fee closest to the allowed
8 benchmark was materially different from the appropriate payment for the
9 health care service.
10 (d) If the independent dispute resolution entity determines the non-
11 participating provider's fee is a reasonable fee for the services
12 rendered, in no circumstances shall the amount owed by a health care
13 plan exceed the maximum fee.
14 § 4. Subsection (b) of section 608 of the financial services law, as
15 amended by section 26 of part H of chapter 60 of the laws of 2014, is
16 amended to read as follows:
17 (b) (1) A non-participating provider and a health care plan shall
18 submit full payment for the dispute resolution process upon submission
19 of the dispute resolution application or, if the responding party, when
20 responding to the independent dispute resolution entity's request for
21 eligibility information and supporting documents.
22 (2) An independent dispute resolution entity shall not comingle the
23 payments for the dispute resolution process with any other funds held by
24 the entity and shall hold all payments in a separate account.
25 (3) An independent dispute resolution entity shall issue a refund of
26 the dispute resolution process payment to the prevailing party within
27 thirty days of rendering a determination on the dispute or rejecting the
28 dispute as ineligible.
29 (c) For disputes involving a patient that is not an insured, when the
30 independent dispute resolution entity determines the physician's fee is
31 reasonable, payment for the dispute resolution process shall be the
32 responsibility of the patient unless payment for the dispute resolution
33 process would pose a hardship to the patient. The superintendent shall
34 promulgate a regulation to determine payment for the dispute resolution
35 process in cases of hardship. When the independent dispute resolution
36 entity determines the physician's fee is unreasonable, payment for the
37 dispute resolution process shall be the responsibility of the physician.
38 § 5. Paragraph 3 of subsection (a) of section 605 of the financial
39 services law, as amended by section 5 of subpart A of part AA of chapter
40 57 of the laws of 2022, is amended to read as follows:
41 (3) The independent dispute resolution entity shall make a determi-
42 nation within [thirty] forty-five business days of receipt of all infor-
43 mation the independent dispute resolution entity determines that it
44 needs to review the dispute [for review].
45 § 6. Paragraph 5 of subsection (a) of section 607 of the financial
46 services law, as amended by section 8 of subpart A of part AA of chapter
47 57 of the laws of 2022, is amended to read as follows:
48 (5) The independent dispute resolution entity shall make a determi-
49 nation within [thirty] forty-five business days of receipt of all infor-
50 mation the independent dispute resolution entity determines that it
51 needs to review the dispute [for review].
52 § 7. This act shall take effect immediately and shall apply to
53 disputes submitted on or after such effective date; provided, however,
54 that sections two, three, four, five and six of this act shall take
55 effect on the ninetieth day after it shall have become a law and shall
56 apply to disputes submitted on or after such effective date.
S. 9005 66 A. 10005
1 PART U
2 Section 1. Paragraph (d) of subdivision 8 of section 94 of the execu-
3 tive law, as added by section 2 of part QQ of chapter 56 of the laws of
4 2022, is amended and a new paragraph (d-1) is added to read as follows:
5 (d) The commission shall develop and administer training courses for
6 lobbyists and clients of lobbyists and adopt regulations and procedures
7 related to such training courses including, but not limited to, estab-
8 lishing deadlines for training course completion.
9 (d-1) The commission may impose a fee upon lobbyists and clients of
10 lobbyists for late completion of the training course required by this
11 subdivision, as set forth in section one-d of the legislative law.
12 § 2. Subdivision (h) of section 1-d of the legislative law, as added
13 by section 7 of part A of chapter 399 of the laws of 2011, is amended
14 and a new subdivision (i) is added to read as follows:
15 (h) provide an online ethics training course for [individuals regis-
16 tered as] lobbyists and clients listed on a statement of registration
17 submitted pursuant to section one-e of this article. The curriculum for
18 the course shall include, but not be limited to, explanations and
19 discussions of the statutes and regulations of New York concerning
20 ethics in the public officers law, the election law, the legislative
21 law, summaries of advisory opinions, underlying purposes and principles
22 of the relevant laws, and examples of practical application of these
23 laws and principles. The commission shall prepare those methods and
24 materials necessary to implement the curriculum. [Each individual
25 registered as a] Through calendar year two thousand twenty-six, each
26 lobbyist [pursuant to section one-e of this article] and client shall
27 complete such training course at least once in any three-year period
28 during which [he or she is registered as a] the lobbyist or client is
29 listed on a statement of registration submitted pursuant to section
30 one-e of this article in accordance with procedures adopted by the
31 commission. Commencing with the two thousand twenty-seven--two thousand
32 twenty-eight biennial period and thereafter, each lobbyist and client
33 shall complete such training course at least once in each biennial peri-
34 od and at least once every two years during which the lobbyist or client
35 is listed on a statement of registration submitted pursuant to section
36 one-e of this article, in accordance with procedures adopted by the
37 commission.
38 (i) impose a fee for failure to complete the online ethics training
39 course in a timely manner as required by this section, not to exceed
40 twenty-five dollars for each day that the lobbyist or client is late, in
41 accordance with procedures adopted by the commission.
42 § 3. This act shall take effect immediately.
43 PART V
44 Section 1. Section 73-a of the public officers law, as amended by
45 section 5 of part A of chapter 399 of the laws of 2011, paragraphs (c),
46 (d) and (d-1) of subdivision 1 as amended by section 5, paragraph (e-1)
47 as added by section 6, subdivision 2 as amended by section 7, subdivi-
48 sion 3 as amended by section 18, subparagraphs (b), (b-2), and (c) of
49 paragraph 8 of subdivision 3 as separately amended by section 8, and
50 subdivisions 4 and 7 as amended by section 9 of part QQ of chapter 56 of
51 the laws of 2022, paragraph (l) of subdivision 1 as amended by chapter
52 643 of the laws of 2023, and paragraph 16-a of subdivision 3 as added by
53 chapter 591 of the laws of 2023, subdivision 6 as added by section 5 of
S. 9005 67 A. 10005
1 part A of chapter 399 of the laws of 2011, is amended to read as
2 follows:
3 § 73-a. Financial disclosure. 1. As used in this section, terms shall
4 have the same meanings as defined in section seventy-three of this arti-
5 cle except:
6 (a) [The term "statewide elected official" shall mean the governor,
7 lieutenant governor, comptroller, or attorney general.
8 (b) The term "state agency" shall mean any state department, or divi-
9 sion, board, commission, or bureau of any state department, any public
10 benefit corporation, public authority or commission at least one of
11 whose members is appointed by the governor, or the state university of
12 New York or the city university of New York, including all their
13 constituent units except community colleges of the state university of
14 New York and the independent institutions operating statutory or
15 contract colleges on behalf of the state.
16 (c)] The term "state officer or employee" shall mean:
17 (i) heads of state departments and their deputies and assistants;
18 (ii) officers and employees of statewide elected officials, officers
19 and employees of state departments, boards, bureaus, divisions, commis-
20 sions, councils or other state agencies, who receive annual compensation
21 in excess of the filing rate established by paragraph (l) of this subdi-
22 vision or who hold policy-making positions, as annually determined by
23 the appointing authority and set forth in a written instrument which
24 shall be filed with the commission on ethics and lobbying in government
25 established by section ninety-four of the executive law during the month
26 of February, provided, however, that the appointing authority shall
27 amend such written instrument after such date within thirty days after
28 the undertaking of policy-making responsibilities by a new employee or
29 any other employee whose name did not appear on the most recent written
30 instrument; and
31 (iii) members or directors of public authorities, other than multi-
32 state authorities, public benefit corporations and commissions at least
33 one of whose members is appointed by the governor, and employees of such
34 authorities, corporations and commissions who receive annual compen-
35 sation in excess of the filing rate established by paragraph (l) of this
36 subdivision or who hold policy-making positions, as determined annually
37 by the appointing authority and set forth in a written instrument which
38 shall be filed with the commission on ethics and lobbying in government
39 established by section ninety-four of the executive law during the month
40 of February, provided, however, that the appointing authority shall
41 amend such written instrument after such date within thirty days after
42 the undertaking of policy-making responsibilities by a new employee or
43 any other employee whose name did not appear on the most recent written
44 instrument.
45 [(d)] (b) The term "legislative employee" shall mean any officer or
46 employee of the legislature who receives annual compensation in excess
47 of the filing rate established by paragraph (l) below or who is deter-
48 mined to hold a policy-making position by the appointing authority as
49 set forth in a written instrument which shall be filed with the legisla-
50 tive ethics commission and the commission on ethics and lobbying in
51 government.
52 [(d-1)] (c) The term "relative" shall mean such individual's spouse,
53 child, stepchild, stepparent, or any person who is a direct descendant
54 of the grandparents of the reporting individual or of the reporting
55 individual's spouse.
56 1-a. In addition, as used in this section:
S. 9005 68 A. 10005
1 (a) A financial disclosure statement required pursuant to section
2 seventy-three of this article and this section shall be deemed "filed"
3 with the commission on ethics and lobbying in government upon its
4 filing, in accordance with this section, with the legislative ethics
5 commission for all purposes including, but not limited to, section nine-
6 ty-four of the executive law, subdivision nine of section eighty of the
7 legislative law and subdivision four of this section.
8 [(e)] (b) The term "spouse" shall [mean] not include the [husband or
9 wife] spouse of the reporting individual [unless] if the spouse is
10 living separate and apart from the reporting individual with the inten-
11 tion of terminating the marriage or providing for permanent separation
12 or unless separated pursuant to: (i) a judicial order, decree or judg-
13 ment, or (ii) a legally binding separation agreement.
14 [(e-1) The term "domestic partner" shall mean a person who, with
15 respect to another person, is formally a party in a domestic partnership
16 or similar relationship with the other person, entered into pursuant to
17 the laws of the United States or any state, local or foreign jurisdic-
18 tion, or registered as the domestic partner of the other person with any
19 registry maintained by the employer of either party or any state, muni-
20 cipality, or foreign jurisdiction.
21 (f) The term "relative" shall mean such individual's spouse, child,
22 stepchild, stepparent, or any person who is a direct descendant of the
23 grandparents of the reporting individual or of the reporting individ-
24 ual's spouse.
25 (g)] (c) The term "unemancipated child" shall mean any [son, daughter,
26 stepson or stepdaughter] child or stepchild who is under age eighteen,
27 unmarried and living in the household of the reporting individual.
28 [(h) The term "political party chairman" shall have the same meaning
29 as ascribed to such term by subdivision one of section seventy-three of
30 this article.
31 (i)] (d) The term "local agency" shall mean:
32 (i) any county, city, town, village, school district or district
33 corporation, or any agency, department, division, board, commission or
34 bureau thereof; and
35 (ii) any public benefit corporation or public authority not included
36 in the definition of a state agency.
37 [(j) The term "regulatory agency" shall have the same meaning as
38 ascribed to such term by subdivision one of section seventy-three of
39 this article.
40 (k) The term "ministerial matter" shall have the same meaning as
41 ascribed to such term by subdivision one of section seventy-three of
42 this article.
43 (l)] (e) The term "filing rate" shall mean the higher of the job rates
44 of SG-24 as set forth in paragraph a or c of subdivision one of section
45 one hundred thirty of the civil service law as of April first of the
46 year in which an annual financial disclosure statement shall be filed.
47 [(m)] (f) The term "lobbyist" shall have the same meaning as ascribed
48 to such term in subdivision (a) of section one-c of the legislative law.
49 2. (a) Every statewide elected official, state officer or employee,
50 member of the legislature, legislative employee and political party
51 chair and every candidate for statewide elected office or for member of
52 the legislature shall file an annual statement of financial disclosure
53 containing the information and in the form set forth in subdivision
54 three of this section. On or before the fifteenth day of May with
55 respect to the preceding calendar year: (1) every member of the legisla-
56 ture, every candidate for member of the legislature and legislative
S. 9005 69 A. 10005
1 employee shall file such statement with the legislative ethics commis-
2 sion which shall provide such statement along with any requests for
3 exemptions or deletions to the commission on ethics and lobbying in
4 government for filing and rulings with respect to such requests for
5 exemptions or deletions, on or before the thirtieth day of June; and (2)
6 all other individuals required to file such statement shall file it with
7 the commission on ethics and lobbying in government, except that:
8 (i) a person who is subject to the reporting requirements of this
9 subdivision and who timely filed with the internal revenue service an
10 application for automatic extension of time in which to file [his or
11 her] such individual's individual income tax return for the immediately
12 preceding calendar or fiscal year shall be required to file such finan-
13 cial disclosure statement on or before May fifteenth but may, without
14 being subjected to any civil penalty on account of a deficient state-
15 ment, indicate with respect to any item of the disclosure statement that
16 information with respect thereto is lacking but will be supplied in a
17 supplementary statement of financial disclosure, which shall be filed on
18 or before the seventh day after the expiration of the period of such
19 automatic extension of time within which to file such individual income
20 tax return, provided that failure to file or to timely file such supple-
21 mentary statement of financial disclosure or the filing of an incomplete
22 or deficient supplementary statement of financial disclosure shall be
23 subject to the notice and penalty provisions of this section respecting
24 annual statements of financial disclosure as if such supplementary
25 statement were an annual statement;
26 (ii) a person who is required to file an annual financial disclosure
27 statement with the commission on ethics and lobbying in government, and
28 who is granted an additional period of time within which to file such
29 statement due to justifiable cause or undue hardship, in accordance with
30 required rules and regulations adopted pursuant to section ninety-four
31 of the executive law shall file such statement within the additional
32 period of time granted; and the legislative ethics commission shall
33 notify the commission on ethics and lobbying in government of any exten-
34 sion granted pursuant to this paragraph;
35 (iii) candidates for statewide office who receive a party designation
36 for nomination by a state committee pursuant to section 6-104 of the
37 election law shall file such statement within ten days after the date of
38 the meeting at which they are so designated;
39 (iv) candidates for statewide office who receive twenty-five percent
40 or more of the vote cast at the meeting of the state committee held
41 pursuant to section 6-104 of the election law and who demand to have
42 their names placed on the primary ballot and who do not withdraw within
43 fourteen days after such meeting shall file such statement within ten
44 days after the last day to withdraw their names in accordance with the
45 provisions of such section of the election law;
46 (v) candidates for statewide office and candidates for member of the
47 legislature who file party designating petitions for nomination at a
48 primary election shall file such statement within ten days after the
49 last day allowed by law for the filing of party designating petitions
50 naming them as candidates for the next succeeding primary election;
51 (vi) candidates for independent nomination who have not been desig-
52 nated by a party to receive a nomination shall file such statement with-
53 in ten days after the last day allowed by law for the filing of inde-
54 pendent nominating petitions naming them as candidates in the next
55 succeeding general or special election;
S. 9005 70 A. 10005
1 (vii) candidates who receive the nomination of a party for a special
2 election shall file such statement within ten days after the date of the
3 meeting of the party committee at which they are nominated;
4 (viii) a candidate substituted for another candidate, who fills a
5 vacancy in a party designation or in an independent nomination, caused
6 by declination, shall file such statement within ten days after the last
7 day allowed by law to file a certificate to fill a vacancy in such party
8 designation or independent nomination;
9 (ix) with respect to all candidates for member of the legislature, the
10 legislative ethics commission shall within five days of receipt provide
11 the commission on ethics and lobbying in government the statement filed
12 pursuant to subparagraphs (v), (vi), (vii) and (viii) of this paragraph.
13 (b) As used in this subdivision, the terms "party", "committee" (when
14 used in conjunction with the term "party"), "designation", "primary",
15 "primary election", "nomination", "independent nomination" and "ballot"
16 shall have the same meanings as those contained in section 1-104 of the
17 election law.
18 (c) If the reporting individual is a senator or member of assembly,
19 candidate for the senate or member of assembly or a legislative employ-
20 ee, such statement shall be filed with both the legislative ethics
21 commission established by section eighty of the legislative law and the
22 commission on ethics and lobbying in government in accordance with para-
23 graph (d-1) of subdivision one of this section. If the reporting indi-
24 vidual is a statewide elected official, candidate for statewide elected
25 office, a state officer or employee or a political party chair, such
26 statement shall be filed with the commission on ethics and lobbying in
27 government established by section ninety-four of the executive law.
28 (d) The commission on ethics and lobbying in government shall obtain
29 from the state board of elections a list of all candidates for statewide
30 office and for member of the legislature, and from such list, shall
31 determine and publish a list of those candidates who have not, within
32 ten days after the required date for filing such statement, filed the
33 statement required by this subdivision.
34 (e) Any person required to file such statement who commences employ-
35 ment after May fifteenth of any year and political party chair shall
36 file such statement within thirty days after commencing employment or of
37 taking the position of political party chair, as the case may be. In the
38 case of members of the legislature and legislative employees, such
39 statements shall be filed with the legislative ethics commission within
40 thirty days after commencing employment, and the legislative ethics
41 commission shall provide such statements to the commission on ethics and
42 lobbying in government within forty-five days of receipt.
43 (f) A person who may otherwise be required to file more than one annu-
44 al financial disclosure statement with both the commission on ethics and
45 lobbying in government and the legislative ethics commission in any one
46 calendar year may satisfy such requirement by filing one such statement
47 with either body and by notifying the other body of such compliance.
48 (g) A person who is employed in more than one employment capacity for
49 one or more employers certain of whose officers and employees are
50 subject to filing a financial disclosure statement with the same ethics
51 commission, as the case may be, and who receives distinctly separate
52 payments of compensation for such employment shall be subject to the
53 filing requirements of this section if the aggregate annual compensation
54 for all such employment capacities is in excess of the filing rate
55 notwithstanding that such person would not otherwise be required to file
56 with respect to any one particular employment capacity. A person not
S. 9005 71 A. 10005
1 otherwise required to file a financial disclosure statement hereunder
2 who is employed by an employer certain of whose officers or employees
3 are subject to filing a financial disclosure statement with the commis-
4 sion on ethics and lobbying in government and who is also employed by an
5 employer certain of whose officers or employees are subject to filing a
6 financial disclosure statement with the legislative ethics commission
7 shall not be subject to filing such statement with either such commis-
8 sion on the basis that [his] such person's aggregate annual compensation
9 from all such employers is in excess of the filing rate.
10 (h) A statewide elected official or member of the legislature, who is
11 simultaneously a candidate for statewide elected office or member of the
12 legislature, shall satisfy the filing deadline requirements of this
13 subdivision by complying only with the deadline applicable to one who
14 holds a statewide elected office or who holds the office of member of
15 the legislature.
16 (i) A candidate whose name will appear on both a party designating
17 petition and on an independent nominating petition for the same office
18 or who will be listed on the election ballot for the same office more
19 than once shall satisfy the filing deadline requirements of this subdi-
20 vision by complying with the earliest applicable deadline only.
21 (j) A member of the legislature who is elected to such office at a
22 special election prior to May fifteenth in any year shall satisfy the
23 filing requirements of this subdivision in such year by complying with
24 the earliest applicable deadline only.
25 (k) The commission on ethics and lobbying in government shall post for
26 at least five years beginning for filings made on January first, two
27 thousand thirteen the annual statement of financial disclosure and any
28 amendments filed by each person subject to the reporting requirements of
29 this subdivision who is an elected official on its website for public
30 review within thirty days of its receipt of such statement or within ten
31 days of its receipt of such amendment that reflects any corrections of
32 deficiencies identified by the commission or by the reporting individual
33 after the reporting individual's initial filing. Except upon an individ-
34 ual determination by the commission that certain information may be
35 [deleted] redacted from a reporting individual's annual statement of
36 financial disclosure, none of the information in the statement posted on
37 the commission's website shall be otherwise [deleted] redacted.
38 3. The annual statement of financial disclosure shall contain the
39 information and shall be in the form set forth hereinbelow:
40 ANNUAL STATEMENT OF FINANCIAL DISCLOSURE - (For calendar year ________)
41 1. Name ______________________________________________________________
42 2. (a) Title of Position _____________________________________________
43 (b) Department, Agency or other Governmental Entity _______________
44 (c) Address of Present Office _____________________________________
45 (d) Office Telephone Number _______________________________________
46 3. (a) Marital Status ______________. If married, please give spouse's
47 full name.
48 __________________________________________________________________.
49 (b) Full name of domestic partner (if applicable).
50 _________________________________________________________________ .
51 (c) List the names of all unemancipated children.
S. 9005 72 A. 10005
1 ____________________________________________________________________
2 ____________________________________________________________________
3 ____________________________________________________________________
4 ____________________________________________________________________
5 ____________________________________________________________________
6 Answer each of the following questions completely, with respect to
7 calendar year _________, unless another period or date is otherwise
8 specified. If additional space is needed, attach additional pages.
9 Whenever a "value" or "amount" is required to be reported herein, such
10 value or amount [shall] may be reported as being within [one of the
11 following Categories in Table I or Table II of this subdivision as
12 called for in the question: A reporting individual shall indicate the
13 Category by letter only] the letter category as indicated in the cate-
14 gorical table of values at the end of this form.
15 Whenever "income" is required to be reported herein, the term "income"
16 shall mean the aggregate net income before taxes from the source identi-
17 fied.
18 The term "calendar year" shall mean the year ending the December 31st
19 preceding the date of filing of the annual statement.
20 4. [(a)] List any [office, trusteeship, directorship, partnership, or]
21 position of any nature, including but not limited to any office,
22 trusteeship, directorship or partnership, whether compensated or
23 not, you, your spouse, domestic partner, or unemancipated child held
24 [by the reporting individual] with any [firm, corporation, associ-
25 ation, partnership, or other] organization other than the State of
26 New York. Include positions held for only a portion of the year and
27 compensated honorary positions[; do]. Do NOT list general membership
28 in an organization, positions with political parties, trusteeships
29 for a family member, or uncompensated honorary positions. If the
30 listed entity was licensed or regulated by any state or local agen-
31 cy[, was regulated by any state regulatory agency or local agency,]
32 or, as a regular and significant part of the business or activity of
33 said entity, did business with, or had matters other than ministeri-
34 al matters before, any state or local agency, list the name of any
35 such agency.
36 State or
37 Self, Spouse, Domestic Partner, or Child Position
38 Organization Local Agency
39 ____________________________________________________________________
40 ____________________________________________________________________
41 ____________________________________________________________________
42 ____________________________________________________________________
43 ____________________________________________________________________
44 [(b) List any office, trusteeship, directorship, partnership, or posi-
45 tion of any nature, whether compensated or not, held by the spouse,
46 domestic partner or unemancipated child of the reporting individual,
47 with any firm, corporation, association, partnership, or other
48 organization other than the State of New York. Include compensated
49 honorary positions; do NOT list membership or uncompensated honorary
50 positions. If the listed entity was licensed by any state or local
S. 9005 73 A. 10005
1 agency, was regulated by any state regulatory agency or local agen-
2 cy, or, as a regular and significant part of the business or activ-
3 ity of said entity, did business with, or had matters other than
4 ministerial matters before, any state or local agency, list the name
5 of any such agency.
6 State or
7 Position Organization Local Agency
8 ____________________________________________________________________
9 ____________________________________________________________________
10 ____________________________________________________________________
11 ____________________________________________________________________
12 __________________________________________________________________ ]
13 5. [(a)] List the name, address and description of any occupation,
14 employment (other than the employment listed under [Item] Question 2
15 above), trade, business or profession you, your spouse, domestic
16 partner, or unemancipated child engaged in [by the reporting indi-
17 vidual]. If such activity was licensed or regulated by any state or
18 local agency[, was regulated by any state regulatory agency or local
19 agency,] or, as a regular and significant part of the business or
20 activity of said entity, did business with, or had matters other
21 than ministerial matters before, any state or local agency, list the
22 name of any such agency.
23 Self,
24 Spouse,
25 Domestic
26 Partner, Name & Address State or
27 or Child Position of Organization Description Local Agency
28 ____________________________________________________________________
29 ____________________________________________________________________
30 ____________________________________________________________________
31 ____________________________________________________________________
32 ____________________________________________________________________
33 [(b) If the spouse, domestic partner or unemancipated child of the
34 reporting individual was engaged in any occupation, employment,
35 trade, business or profession which activity was licensed by any
36 state or local agency, was regulated by any state regulatory agency
37 or local agency, or, as a regular and significant part of the busi-
38 ness or activity of said entity, did business with, or had matters
39 other than ministerial matters before, any state or local agency,
40 list the name, address and description of such occupation, employ-
41 ment, trade, business or profession and the name of any such agency.
42 State or
43 Name & Address Local
44 Position of Organization Description Agency
45 ____________________________________________________________________
46 ____________________________________________________________________
47 ____________________________________________________________________
S. 9005 74 A. 10005
1 ____________________________________________________________________
2 __________________________________________________________________ ]
3 6. List any [interest] ownership, right, claim or legal share, in
4 EXCESS of [$1,000] $2,000, held by [the reporting individual, such
5 individual's] you, your spouse, domestic partner or unemancipated
6 child, [or partnership of which any such person is a member, or
7 corporation, 10% or more of the stock of which is owned or
8 controlled by any such person,] whether vested or contingent, in any
9 contract made or executed by a state or local agency, including any
10 interest in such a contract in excess of $2,000 held by a partner-
11 ship of which any such person is a member, or corporation, 10% or
12 more of the stock of which is owned or controlled by any such
13 person, and include the name of the entity which holds such interest
14 and the relationship of [the reporting individual or such individ-
15 ual's] you, your spouse, domestic partner or such child to such
16 entity and the interest in such contract. Do NOT include any inter-
17 ests in (a) bonds and notes[. Do NOT list any interest in], (b) any
18 such contract on which final payment has been made and all obli-
19 gations under the contract except for guarantees and warranties have
20 been performed, [provided, however, that such an interest must be
21 listed if] unless there has been an ongoing dispute during the
22 calendar year for which this statement is filed with respect to any
23 such guarantees or warranties[. Do NOT list any interest in], or (c)
24 a contract made or executed by a local agency after public notice
25 and pursuant to a process for competitive bidding or a process for
26 competitive requests for proposals.
27 Self, Entity Relationship Contracting Category
28 Spouse, Which Held to Entity State or of
29 Domestic Interest in and Interest Local Value of
30 Partner or Contract in Contract Agency Contract
31 Child
32 [(In Table II)]
33 ____________________________________________________________________
34 ____________________________________________________________________
35 ____________________________________________________________________
36 ____________________________________________________________________
37 ____________________________________________________________________
38 7. List any position [the reporting individual] you held as an officer
39 of any political party or political organization, as a member of any
40 political party committee, or as a political party district leader.
41 The term "party" shall have the same meaning as "party" in the
42 election law. The term "political organization" means any party or
43 independent body as defined in the election law or any organization
44 that is affiliated with or a subsidiary of a party or independent
45 body.
46 ____________________________________________________________________
47 ____________________________________________________________________
48 ____________________________________________________________________
49 ____________________________________________________________________
50 ____________________________________________________________________
S. 9005 75 A. 10005
1 8. (a) If [the reporting individual practices] you practice law, [is]
2 are licensed by the department of state as a real estate broker or agent
3 or [practices] practice a profession licensed by the department of
4 education, or [works as] are a member or employee of a firm required to
5 register pursuant to section one-e of the legislative law as a lobbyist,
6 describe the services rendered for which compensation was paid including
7 a general description of the principal subject areas of matters [under-
8 taken by such individual] you undertook and principal duties you
9 performed. Specifically state whether [the reporting individual
10 provides] you provide services directly to clients. If you are a
11 licensed professional but did not engage in the practice of such profes-
12 sion in the prior calendar year outside of your state employment, report
13 the license and state that you did not engage in such practice. Addi-
14 tionally, if [such an individual practices] you practice with a firm or
15 corporation and [is] are a partner or shareholder of the firm or corpo-
16 ration, give a general description of principal subject areas of matters
17 undertaken by such firm or corporation.
18 ____________________________________________________________________
19 ____________________________________________________________________
20 ____________________________________________________________________
21 ____________________________________________________________________
22 ____________________________________________________________________
23 (b) [APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
24 PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE AND BEFORE DECEMBER
25 THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR FOR NEW MATTERS FOR EXISTING
26 CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT ARE PROVIDED ON
27 OR AFTER JULY FIRST, TWO THOUSAND TWELVE AND BEFORE DECEMBER
28 THIRTY-FIRST, TWO THOUSAND FIFTEEN:
29 If the reporting individual personally provides services to any person
30 or entity, or works as a member or employee of a partnership or corpo-
31 ration that provides such services (referred to hereinafter as a
32 "firm"), then identify each client or customer to whom the reporting
33 individual personally provided services, or who was referred to the firm
34 by the reporting individual, and from whom the reporting individual or
35 his or her firm earned fees in excess of $10,000 during the reporting
36 period for such services rendered in direct connection with:
37 (i) A contract in an amount totaling $50,000 or more from the state or
38 any state agency for services, materials, or property;
39 (ii) A grant of $25,000 or more from the state or any state agency
40 during the reporting period;
41 (iii) A grant obtained through a legislative initiative during the
42 reporting period; or
43 (iv) A case, proceeding, application or other matter that is not a
44 ministerial matter before a state agency during the reporting period.
45 For purposes of this question, "referred to the firm" shall mean:
46 having intentionally and knowingly taken a specific act or series of
47 acts to intentionally procure for the reporting individual's firm or
48 knowingly solicit or direct to the reporting individual's firm in whole
49 or substantial part, a person or entity that becomes a client of that
50 firm for the purposes of representation for a matter as defined in
51 subparagraphs (i) through (iv) of this paragraph, as the result of such
52 procurement, solicitation or direction of the reporting individual. A
53 reporting individual need not disclose activities performed while
S. 9005 76 A. 10005
1 lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivi-
2 sion seven of section seventy-three of this article.
3 The disclosure requirement in this question shall not require disclo-
4 sure of clients or customers receiving medical or dental services,
5 mental health services, residential real estate brokering services, or
6 insurance brokering services from the reporting individual or his or her
7 firm. The reporting individual need not identify any client to whom he
8 or she or his or her firm provided legal representation with respect to
9 investigation or prosecution by law enforcement authorities, bankruptcy,
10 or domestic relations matters. With respect to clients represented in
11 other matters, where disclosure of a client's identity is likely to
12 cause harm, the reporting individual shall request an exemption from the
13 commission on ethics and lobbying in government pursuant to section
14 ninety-four of the executive law, provided, however, that a reporting
15 individual who first enters public office after July first, two thousand
16 twelve, need not report clients or customers with respect to matters for
17 which the reporting individual or his or her firm was retained prior to
18 entering public office.
19 Client Nature of Services Provided
20 ________________________________________________________________________
21 ________________________________________________________________________
22 ________________________________________________________________________
23 ________________________________________________________________________
24 ________________________________________________________________________
25 (b-1) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES
26 ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR
27 FOR NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE
28 SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOU-
29 SAND FIFTEEN (FOR PURPOSES OF THIS QUESTION, "SERVICES" SHALL MEAN
30 CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES):]
31 (i) If [the reporting individual receives] you receive income from a
32 profession, occupation or employment reportable in question 8(a) and
33 personally [provides] provide services to any person or entity, or
34 [works as] are a member or employee of a partnership or corporation that
35 provides such services (referred to hereinafter as a "firm"), [the
36 reporting individual shall] identify each client or customer to whom
37 [the reporting individual] you personally provided services, or [who
38 was] whom you referred to the firm [by the reporting individual], and
39 from whom [the reporting individual] you or [his or her] your firm
40 earned fees in excess of $10,000 during the reporting period [in direct
41 connection with:
42 (i) A contract in an amount totaling $10,000 or more from the state or
43 any state agency for services, materials, or property;
44 (ii) A grant of $10,000 or more from the state or any state agency
45 during the reporting period;
46 (iii) A grant obtained through a legislative initiative during the
47 reporting period; or
48 (iv) A case, proceeding, application or other matter that is not a
49 ministerial matter before a state agency during the reporting period].
50 For such services you rendered [by the reporting individual] directly
51 to each such client, describe each matter that was the subject of such
52 representation, the services actually provided, whether such client was
53 referred to you by an individual you knew at the time to be a registered
54 lobbyist, and the payment received. For payments received from clients
55 you referred to the firm [by the reporting individual], if [the report-
S. 9005 77 A. 10005
1 ing individual] you directly received a referral fee or fees for such
2 referral, identify the client and the payment so received.
3 For purposes of this question, "referred to the firm" shall mean:
4 having intentionally and knowingly taken a specific act or series of
5 acts to intentionally procure for the [reporting individual's] firm or
6 having knowingly solicited or directed to the [reporting individual's]
7 firm in whole or substantial part, a person or entity that becomes a
8 client of that firm for the purposes of representation for a matter as
9 defined in clauses (i) through (iv) of this subparagraph, as the result
10 of such procurement, solicitation or direction [of the reporting indi-
11 vidual]. [A reporting individual need] Do not disclose activities
12 performed while lawfully acting in [his or her] your capacity as
13 provided in paragraphs (c), (d), (e) and (f) of subdivision seven of
14 section seventy-three of this article.
15 Client MatterNature of Services Provided Category Referred by
16 of Amount Lobbyist
17 [(in Table I)]
18 ________________________________________________________________________
19 ________________________________________________________________________
20 ________________________________________________________________________
21 ________________________________________________________________________
22 ________________________________________________________________________
23 [(b-2) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES
24 ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR
25 FOR NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE
26 SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOU-
27 SAND FIFTEEN (FOR PURPOSES OF THIS QUESTION, "SERVICES" SHALL MEAN
28 CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES):
29 (i) With respect to reporting individuals who receive ten thousand
30 dollars or more from employment or activity reportable under question
31 8(a), for each client or customer NOT otherwise disclosed or exempted in
32 question 8 or 13, disclose the name of each client or customer known to
33 the reporting individual to whom the reporting individual provided
34 services: (A) who paid the reporting individual in excess of five thou-
35 sand dollars for such services; or (B) who had been billed with the
36 knowledge of the reporting individual in excess of five thousand dollars
37 by the firm or other entity named in question 8(a) for the reporting
38 individual's services.
39 Client Services Category of Amount
40 Actually Provided (in Table I)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
41 ________________________________________________________________________]
42 FOLLOWING IS AN ILLUSTRATIVE, NON-EXCLUSIVE LIST OF EXAMPLES OF
43 DESCRIPTIONS OF "SERVICES ACTUALLY PROVIDED":
44 * REVIEWED DOCUMENTS AND CORRESPONDENCE;
45 * REPRESENTED CLIENT (IDENTIFY CLIENT BY NAME) IN LEGAL PROCEEDING;
46 * PROVIDED LEGAL ADVICE ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);
47 * CONSULTED WITH CLIENT OR CONSULTED WITH LAW PARTNERS/ASSOCIATES/MEMBERS
48 OF FIRM ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);
S. 9005 78 A. 10005
1 * PREPARED CERTIFIED FINANCIAL STATEMENT FOR CLIENT (IDENTIFY CLIENT BY
2 NAME);
3 * REFERRED INDIVIDUAL OR ENTITY (IDENTIFY CLIENT BY NAME) FOR
4 REPRESENTATION OR CONSULTATION;
5 * COMMERCIAL BROKERING SERVICES (IDENTIFY CUSTOMER BY NAME);
6 * PREPARED CERTIFIED ARCHITECTURAL OR ENGINEERING
7 RENDERINGS FOR CLIENT (IDENTIFY CUSTOMER BY NAME);
8 * COURT APPOINTED GUARDIAN OR EVALUATOR (IDENTIFY COURT NOT CLIENT).
9 (ii) [With respect to reporting individuals who] If you disclosed in
10 question 8(a) that [the reporting individual] you did not provide
11 services to a client but provided services to a firm or business, iden-
12 tify the category of amount received for providing such services and
13 describe the services rendered.
14 Services Actually Provided Category of Amount [(Table I)]
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
15 [A reporting individual need] Do not disclose activities performed
16 while lawfully acting in [his or her] your capacity as provided in para-
17 graphs (c), (d), (e) and (f) of subdivision seven of section seventy-
18 three of this article. The disclosure requirement in [questions (b-1)
19 and (b-2)] question (b) shall not require disclosing clients or custom-
20 ers receiving medical, pharmaceutical or dental services, mental health
21 services, or residential real estate brokering services from [the
22 reporting individual] you or [his or her] your firm or if federal law
23 prohibits or limits disclosure. [The reporting individual need] Do not
24 identify any client to whom [he or she] you or [his or her] your firm
25 provided legal representation with respect to investigation or prose-
26 cution by law enforcement authorities, bankruptcy, family court, estate
27 planning, or domestic relations matters, nor [shall the reporting indi-
28 vidual identify] individuals represented pursuant to an insurance policy
29 but [the reporting individual shall] in such circumstances only report
30 the entity that provides compensation to [the reporting individual] you;
31 with respect to matters in which the client's name is required by law to
32 be kept confidential (such as matters governed by the family court act)
33 or in matters in which [the reporting individual represents] you repre-
34 sent or [provides] provide services to minors, the client's name may be
35 replaced with initials. To the extent that [the reporting individual,]
36 you or [his or her] your firm[,] provided legal representation with
37 respect to an initial public offering, and professional disciplinary
38 rules, federal law or regulations restrict the disclosure of information
39 relating to such work, [the reporting individual shall] (i) disclose the
40 identity of the client and the services provided relating to the initial
41 public offering to the office of court administration, who will maintain
42 such information confidentially in a locked box; and (ii) include in
43 [his or her] your response to [questions (b-1) and (b-2)] question (b)
44 that pursuant to this paragraph, a disclosure to the office of court
45 administration has been made. Upon such time that the disclosure of
46 information maintained in the locked box is no longer restricted by
47 professional disciplinary rules, federal law or regulation, [the report-
48 ing individual] you shall disclose such information in an amended
49 disclosure statement in response to the disclosure requirements in
50 [questions (b-1) and (b-2)] question (b). The office of court adminis-
51 tration shall develop and maintain a secure portal through which infor-
52 mation submitted to it pursuant to this paragraph can be safely and
53 confidentially stored. With respect to clients represented in other
S. 9005 79 A. 10005
1 matters not otherwise exempt, [the reporting individual] you may request
2 an exemption to publicly disclosing the name of that client from the
3 commission on ethics and lobbying in government pursuant to section
4 ninety-four of the executive law, or from the office of court adminis-
5 tration. In such application, [the reporting individual shall] state the
6 following: "My client is not currently receiving my services or seeking
7 my services in connection with:
8 (i) A proposed bill or resolution in the senate or assembly during the
9 reporting period;
10 (ii) A contract in an amount totaling $10,000 or more from the state
11 or any state agency for services, materials, or property;
12 (iii) A grant of $10,000 or more from the state or any state agency
13 during the reporting period;
14 (iv) A grant obtained through a legislative initiative during the
15 reporting period; or
16 (v) A case, proceeding, application or other matter that is not a
17 ministerial matter before a state agency during the reporting period."
18 In reviewing the request for an exemption, the commission on ethics
19 and lobbying in government or the office of court administration may
20 consult with bar or other professional associations and the legislative
21 ethics commission for individuals subject to its jurisdiction and may
22 consider the rules of professional conduct. In making its determination,
23 the commission on ethics and lobbying in government or the office of
24 court administration shall conduct its own inquiry and shall consider
25 factors including, but not limited to: (i) the nature and the size of
26 the client; (ii) whether the client has any business before the state;
27 and if so, how significant the business is; and whether the client has
28 any particularized interest in pending legislation and if so how signif-
29 icant the interest is; (iii) whether disclosure may reveal trade
30 secrets; (iv) whether disclosure could reasonably result in retaliation
31 against the client; (v) whether disclosure may cause undue harm to the
32 client; (vi) whether disclosure may result in undue harm to the attor-
33 ney-client relationship; and (vii) whether disclosure may result in an
34 unnecessary invasion of privacy to the client.
35 The commission on ethics and lobbying in government or, as the case
36 may be, the office of court administration shall promptly make a final
37 determination in response to such request, which shall include an expla-
38 nation for its determination. The office of court administration shall
39 issue its final determination within three days of receiving the
40 request. Notwithstanding any other provision of law or any professional
41 disciplinary rule to the contrary, the disclosure of the identity of any
42 client or customer in response to this question shall not constitute
43 professional misconduct or a ground for disciplinary action of any kind,
44 or form the basis for any civil or criminal cause of action or proceed-
45 ing. A reporting individual who first enters public office after January
46 first, two thousand sixteen, need not report clients or customers with
47 respect to matters for which the reporting individual or [his or her]
48 such individual's firm was retained prior to entering public office.
49 (c) [APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
50 PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR FOR
51 NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE
52 SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOU-
53 SAND FIFTEEN:
54 If the reporting individual receives income of ten thousand dollars or
55 greater from any employment or activity reportable under question 8(a),
56 identify each registered lobbyist who has directly referred to such
S. 9005 80 A. 10005
1 individual a client who was successfully referred to the reporting indi-
2 vidual's business and from whom the reporting individual or firm
3 received a fee for services in excess of five thousand dollars. Report
4 only those referrals that were made to a reporting individual by direct
5 communication from a person known to such reporting individual to be a
6 registered lobbyist at the time the referral is made. With respect to
7 each such referral, the reporting individual shall identify the client,
8 the registered lobbyist who has made the referral, the category of value
9 of the compensation received and a general description of the type of
10 matter so referred. A reporting individual need not disclose activities
11 performed while lawfully acting pursuant to paragraphs (c), (d), (e) and
12 (f) of subdivision seven of section seventy-three of this article. The
13 disclosure requirements in this question shall not require disclosing
14 clients or customers receiving medical, pharmaceutical or dental
15 services, mental health services, or residential real estate brokering
16 services from the reporting individual or his or her firm or if federal
17 law prohibits or limits disclosure. The reporting individual need not
18 identify any client to whom he or she or his or her firm provided legal
19 representation with respect to investigation or prosecution by law
20 enforcement authorities, bankruptcy, family court, estate planning, or
21 domestic relations matters, nor shall the reporting individual identify
22 individuals represented pursuant to an insurance policy but the report-
23 ing individual shall in such circumstances only report the entity that
24 provides compensation to the reporting individual; with respect to
25 matters in which the client's name is required by law to be kept confi-
26 dential (such as matters governed by the family court act) or in matters
27 in which the reporting individual represents or provides services to
28 minors, the client's name may be replaced with initials. To the extent
29 that the reporting individual, or his or her firm, provided legal repre-
30 sentation with respect to an initial public offering, and federal law or
31 regulations restricts the disclosure of information relating to such
32 work, the reporting individual shall (i) disclose the identity of the
33 client and the services provided relating to the initial public offering
34 to the office of court administration, who will maintain such informa-
35 tion confidentially in a locked box; and (ii) include in his or her
36 response a statement that pursuant to this paragraph, a disclosure to
37 the office of court administration has been made. Upon such time that
38 the disclosure of information maintained in the locked box is no longer
39 restricted by federal law or regulation, the reporting individual shall
40 disclose such information in an amended disclosure statement in response
41 to the disclosure requirements of this paragraph. The office of court
42 administration shall develop and maintain a secure portal through which
43 information submitted to it pursuant to this paragraph can be safely and
44 confidentially stored. With respect to clients represented in other
45 matters not otherwise exempt, the reporting individual may request an
46 exemption to publicly disclosing the name of that client from the
47 commission on ethics and lobbying in government pursuant to section
48 ninety-four of the executive law, or from the office of court adminis-
49 tration. In such application, the reporting individual shall state the
50 following: "My client is not currently receiving my services or seeking
51 my services in connection with:
52 (i) A proposed bill or resolution in the senate or assembly during the
53 reporting period;
54 (ii) A contract in an amount totaling $10,000 or more from the state
55 or any state agency for services, materials, or property;
S. 9005 81 A. 10005
1 (iii) A grant of $10,000 or more from the state or any state agency
2 during the reporting period;
3 (iv) A grant obtained through a legislative initiative during the
4 reporting period; or
5 (v) A case, proceeding, application or other matter that is not a
6 ministerial matter before a state agency during the reporting period."
7 In reviewing the request for an exemption, the commission on ethics
8 and lobbying in government or the office of court administration may
9 consult with bar or other professional associations and the legislative
10 ethics commission for individuals subject to its jurisdiction and may
11 consider the rules of professional conduct. In making its determination,
12 the commission on ethics and lobbying in government or the office of
13 court administration shall conduct its own inquiry and shall consider
14 factors including, but not limited to: (i) the nature and the size of
15 the client; (ii) whether the client has any business before the state;
16 and if so, how significant the business is; and whether the client has
17 any particularized interest in pending legislation and if so how signif-
18 icant the interest is; (iii) whether disclosure may reveal trade
19 secrets; (iv) whether disclosure could reasonably result in retaliation
20 against the client; (v) whether disclosure may cause undue harm to the
21 client; (vi) whether disclosure may result in undue harm to the attor-
22 ney-client relationship; and (vii) whether disclosure may result in an
23 unnecessary invasion of privacy to the client.
24 The commission on ethics and lobbying in government or, as the case
25 may be, the office of court administration shall promptly make a final
26 determination in response to such request, which shall include an expla-
27 nation for its determination. The office of court administration shall
28 issue its final determination within three days of receiving the
29 request. Notwithstanding any other provision of law or any professional
30 disciplinary rule to the contrary, the disclosure of the identity of any
31 client or customer in response to this question shall not constitute
32 professional misconduct or a ground for disciplinary action of any kind,
33 or form the basis for any civil or criminal cause of action or proceed-
34 ing. A reporting individual who first enters public office after Decem-
35 ber thirty-first, two thousand fifteen, need not report clients or
36 customers with respect to matters for which the reporting individual or
37 his or her firm was retained prior to entering public office.
38 Client Name of Lobbyist Description Category of Amount
39 of Matter (in Table 1)
40 ________________________________________________________________________
41 ________________________________________________________________________
42 ________________________________________________________________________
43 ________________________________________________________________________
44 ________________________________________________________________________
45 (d)] List the name, principal address and general description or the
46 nature of the business activity of any entity in which [the reporting
47 individual] you or [such individual's] your spouse or domestic partner
48 had an investment in excess of [$1,000] $2,000 excluding investments in
49 securities and interests in real property.
50 9. List each source of gifts, EXCLUDING gifts from a relative,
51 reimbursements as defined in question 10, and campaign contributions, in
52 EXCESS of [$1,000] $2,000, received during the reporting period for
53 which this statement is filed by [the reporting individual] you or [such
54 individual's] your spouse, domestic partner or unemancipated child from
55 the same donor[, EXCLUDING gifts from a relative]. INCLUDE the name and
S. 9005 82 A. 10005
1 address of the donor. [The term "gifts" does not include reimbursements,
2 which term is defined in item 10.] Indicate the value and nature of each
3 such gift.
4 Category
5 Self, of
6 Spouse, Name of Nature Value of
7 Domestic Donor Address of Gift Gift
8 Partner [(In Table I)]
9 or Child
10 ____________________________________________________________________
11 ____________________________________________________________________
12 ____________________________________________________________________
13 ____________________________________________________________________
14 ____________________________________________________________________
15 10. Identify and briefly describe the source of any reimbursements for
16 expenditures, EXCLUDING campaign expenditures and reimbursements by
17 the state for expenditures in connection with official duties [reim-
18 bursed by the state], in EXCESS of [$1,000] $2,000 from each such
19 source. For purposes of this [item] question, the term "reimburse-
20 ments" shall mean any travel-related expenses provided by nongovern-
21 mental sources and for activities related to the reporting individ-
22 ual's official duties such as, speaking engagements, conferences, or
23 factfinding events. The term "reimbursements" does NOT include gifts
24 reported under [item] question 9.
25 Source Description
26 ____________________________________________________________________
27 ____________________________________________________________________
28 ____________________________________________________________________
29 ____________________________________________________________________
30 ____________________________________________________________________
31 11. List the identity and value, if reasonably ascertainable, of each
32 interest in a retirement plan or deferred compensation plan estab-
33 lished in accordance with the internal revenue code (e.g., 401,
34 403(b), 457, etc.), or other trust, estate or other beneficial
35 interest[, including retirement plans (other than retirement plans
36 of the state of New York or the city of New York), and deferred
37 compensation plans (e.g., 401, 403(b), 457, etc.) established in
38 accordance with the internal revenue code,] in which [the REPORTING
39 INDIVIDUAL] YOU held a beneficial interest in EXCESS of [$1,000]
40 $2,000 at any time during the preceding year. Do NOT report inter-
41 ests in (a) a retirement plan, deferred compensation plan, trust,
42 estate or other beneficial interest established by or for[, or the
43 estate of,] a relative or a relative's estate, (b) New York State or
44 New York City defined benefit retirement plans, the Optional Retire-
45 ment Program of the State University of New York or the City Univer-
46 sity of New York, (c) a 529 College Savings Plan or an Education
47 IRA, or (d) deferred income in the nature of delayed compensation
48 reportable in question 14, such as deferred or future income from
49 the practice of a profession.
S. 9005 83 A. 10005
1 Category
2 Identity of Value*
3 [(In Table II)]
4 ____________________________________________________________________
5 ____________________________________________________________________
6 ____________________________________________________________________
7 ____________________________________________________________________
8 ____________________________________________________________________
9 * The value of such interest shall be reported only if reasonably
10 ascertainable.
11 12. (a) Describe the terms of, and the parties to, any contract, prom-
12 ise, or other agreement between [the reporting individual] you and
13 any person, firm, or corporation with respect to [the] your employ-
14 ment [of such individual] after leaving office or position (other
15 than a leave of absence).
16 ____________________________________________________________________
17 ____________________________________________________________________
18 ____________________________________________________________________
19 ____________________________________________________________________
20 ____________________________________________________________________
21 (b) Describe the parties to and the terms of any agreement providing
22 for continuation of payments or benefits to [the REPORTING INDIVID-
23 UAL] YOU in EXCESS of [$1,000] $2,000 from a prior employer OTHER
24 THAN the State. (This includes interests in or contributions to a
25 pension fund, profit-sharing plan, or life or health insurance;
26 buy-out agreements; severance payments; etc.)
27 ____________________________________________________________________
28 ____________________________________________________________________
29 ____________________________________________________________________
30 ____________________________________________________________________
31 ____________________________________________________________________
32 13. List below the nature and amount of any income in EXCESS of [$1,000]
33 $2,000 from EACH SOURCE for [the reporting individual] you and [such
34 individual's] your spouse or domestic partner for the taxable year
35 last occurring prior to the date of filing. Each such source must
36 be described with particularity. Nature of income includes, but is
37 not limited to, all income (other than that received from the
38 employment listed under [Item] Question 2 above) from compensated
39 employment whether public or private, directorships and other fidu-
40 ciary positions, contractual arrangements, teaching income, partner-
41 ships, honorariums, lecture fees, consultant fees, bank and bond
42 interest, dividends, income derived from a trust, real estate rents,
43 and recognized gains from the sale or exchange of real or other
44 property. Income from a business or profession and real estate
45 rents shall be reported with the source identified by the building
46 address in the case of real estate rents and otherwise by the name
47 of the entity and not by the name of the individual customers,
48 clients or tenants, with the aggregate net income before taxes for
49 each building address or entity. The receipt of maintenance
S. 9005 84 A. 10005
1 received in connection with a matrimonial action, alimony and child
2 support payments shall not be listed.
3 Self/ Category
4 Spouse Source Nature of Amount
5 or Domestic [(In Table I)]
6 Partner
7 ____________________________________________________________________
8 ____________________________________________________________________
9 ____________________________________________________________________
10 ____________________________________________________________________
11 ____________________________________________________________________
12 14. List the sources of any deferred income (not retirement income) in
13 EXCESS of [$1,000] $2,000 from each source to be paid to [the
14 reporting individual] you following the close of the calendar year
15 for which this disclosure statement is filed, other than deferred
16 compensation reported in [item] question 11 [hereinabove] above.
17 Deferred income derived from the practice of a profession shall be
18 listed in the aggregate and shall identify as the source, the name
19 of the firm, corporation, partnership or association through which
20 the income was derived, but shall not identify individual clients.
21 Category
22 Source of Amount
23 [(In Table I)]
24 ____________________________________________________________________
25 ____________________________________________________________________
26 ____________________________________________________________________
27 ____________________________________________________________________
28 ____________________________________________________________________
29 15. List each assignment of income in EXCESS of [$1,000] $2,000, and
30 each transfer other than to a relative during the reporting period
31 for which this statement is filed for less than fair consideration
32 of an interest in a trust, estate or other beneficial interest,
33 securities or real property, by [the reporting individual] you, in
34 excess of [$1,000] $2,000, which would otherwise be required to be
35 reported herein and is not or has not been so reported.
36 Item Assigned Assigned or Category
37 or Transferred Transferred to of Value
38 [(In Table I)]
39 ____________________________________________________________________
40 ____________________________________________________________________
41 ____________________________________________________________________
42 ____________________________________________________________________
43 ____________________________________________________________________
44 16. List below the type and market value of securities and digital
45 assets held by [the reporting individual] you or [such individual's]
46 your spouse or domestic partner, INCLUDING securities and digital
47 assets held in a retirement or deferred compensation account
S. 9005 85 A. 10005
1 reported in question 11, from each issuing entity in EXCESS of
2 [$1,000] $2,000 at the close of the taxable year last occurring
3 prior to the date of filing, including the name or ticker symbol of
4 the issuing entity exclusive of securities held by [the reporting
5 individual] you issued by a professional corporation. Whenever an
6 interest in securities exists through a beneficial interest in a
7 trust, the securities held in such trust shall be listed ONLY IF
8 [the reporting individual has] you have knowledge thereof except
9 where [the reporting individual] you or [the reporting individual's]
10 your spouse or domestic partner has transferred assets to such trust
11 for [his or her] such spouse or domestic partner's benefit in which
12 event such securities shall be listed unless they are not ascertain-
13 able by [the reporting individual] you because the trustee is under
14 an obligation or has been instructed in writing not to disclose the
15 contents of the trust to [the reporting individual] you. Securities
16 of which [the reporting individual] you or [the reporting individ-
17 ual's] your spouse or domestic partner is the owner of record but in
18 which such [individual or the reporting individual's spouse or
19 domestic partner] owner has no beneficial interest shall not be
20 listed. Indicate percentage of ownership ONLY if [the reporting
21 person] you or [the reporting person's] your spouse or domestic
22 partner holds more than [five percent (5%)] 5% of the total stock of
23 a corporation in which the stock is publicly traded or more than
24 [ten percent (10%)] 10% of the total stock of a corporation in which
25 the stock is NOT publicly traded. Also list securities owned for
26 investment purposes by a corporation more than [fifty percent (50%)]
27 50% of the stock of which is owned or controlled by [the reporting
28 individual] you or [such individual's] your spouse or domestic part-
29 ner. For the purpose of this [item the term "securities"] question:
30 (a) "Securities" shall mean mutual funds, bonds, mortgages, notes,
31 obligations, warrants and stocks of any class, investment interests
32 in limited or general partnerships and certificates of deposits
33 (CDs) and such other evidences of indebtedness and certificates of
34 interest as are usually referred to as securities. The market value
35 for such securities shall be reported only if reasonably ascertaina-
36 ble and shall not be reported if the security is an interest in a
37 general partnership that was listed in [item] question 8 (a) or if
38 the security is corporate stock, NOT publicly traded, in a trade or
39 business of a reporting individual or a reporting individual's
40 spouse or domestic partner.
41 (b) "Digital asset" shall mean an asset that is issued, trans-
42 ferred, or both, using distributed ledger or blockchain technology,
43 including, but not limited to, digital currencies, digital coins,
44 digital non-fungible tokens or other similar assets.
45 (c) "Digital currency" shall mean any type of digital unit that is
46 used as a medium of exchange or a form of digitally stored value.
47 Virtual currency shall be broadly construed to include digital units
48 of exchange that: (i) have a centralized repository or administra-
49 tor; (ii) are decentralized and have no centralized repository or
50 administrator; or (iii) may be created or obtained by computing,
51 manufacturing, or other similar effort.
52 (d) "Distributed ledger or blockchain technology" shall mean a
53 ledger or database that stores shared state by maintaining it across
54 a multiplicity of devices belonging to different entities and secur-
55 ing it through a combination of cryptographic and consensus proto-
56 cols, where the shared state serves to authenticate, record, share,
S. 9005 86 A. 10005
1 and/or synchronize transactions involving digital assets or virtual
2 currencies.
3 Percentage
4 of corporate
5 stock owned
6 or controlled Category of
7 (if more than Market Value
8 5% of pub- as of the close
9 licly traded of the
10 stock, or taxable year
11 more than last occurring
12 10% if stock prior to
13 Self/ Issuing Type of not publicly the filing of
14 Spouse Entity Security traded, is held) this statement
15 or [(In Table II)]
16 Domestic
17 Partner
18 ____________________________________________________________________
19 ____________________________________________________________________
20 ____________________________________________________________________
21 ____________________________________________________________________
22 ____________________________________________________________________
23 [16-a. List below the name and market value of digital assets held by
24 the reporting individual or such individual's spouse or domestic partner
25 in EXCESS of $1,000 at the close of the taxable year last occurring
26 prior to the date of filing. Whenever an interest in digital assets
27 exists through a beneficial interest in a trust, the digital assets held
28 in such trust shall be listed ONLY IF the reporting individual has know-
29 ledge thereof except where the reporting individual or the reporting
30 individual's spouse or domestic partner has transferred assets to such
31 trust for his or her benefit in which event such digital assets shall be
32 listed unless they are not ascertainable by the reporting individual
33 because the trustee is under an obligation or has been instructed in
34 writing not to disclose the contents of the trust to the reporting indi-
35 vidual. The digital assets of which the reporting individual or the
36 reporting individual's spouse or domestic partner is the owner of record
37 but in which such individual or the reporting individual's spouse or
38 domestic partner has no beneficial interest shall not be listed. Also
39 list digital assets owned for investment purposes by a corporation more
40 than fifty percent (50%) of the stock of which is owned or controlled by
41 the reporting individual or such individual's spouse or domestic part-
42 ner. For purposes of this subdivision, the following terms shall have
43 the following meanings:
44 (a) "Digital asset" shall mean an asset that is issued, transferred,
45 or both, using distributed ledger or blockchain technology, including,
46 but not limited to, digital currencies, digital coins, digital non-fun-
47 gible tokens or other similar assets.
48 (b) "Digital currency" shall mean any type of digital unit that is
49 used as a medium of exchange or a form of digitally stored value. Virtu-
50 al currency shall be broadly construed to include digital units of
51 exchange that: (i) have a centralized repository or administrator; (ii)
52 are decentralized and have no centralized repository or administrator;
S. 9005 87 A. 10005
1 or (iii) may be created or obtained by computing, manufacturing, or
2 other similar effort.
3 (c) "Distributed ledger or blockchain technology" shall mean a ledger
4 or database that stores shared state by maintaining it across a multi-
5 plicity of devices belonging to different entities and securing it
6 through a combination of cryptographic and consensus protocols, where
7 the shared state serves to authenticate, record, share, and/or synchro-
8 nize transactions involving digital assets or virtual currencies.
9 Category of
10 Market Value
11 as of the close
12 of the taxable
13 year last
14 occurring
15 prior to
16 Self/ Type of the filing of
17 Spouse or Digital Asset this statement
18 Domestic (In Table II)
19 Partner
20 _______________________________________________________________________
21 _______________________________________________________________________
22 _______________________________________________________________________
23 _______________________________________________________________________
24 _______________________________________________________________________]
25 17. List below the location, size, general nature, acquisition date,
26 market value and percentage of ownership of any real property, other
27 than your or your spouse's or domestic partner's primary or second-
28 ary residence if there is no co-owner other than a relative of such
29 residence, in which any vested or contingent interest in EXCESS of
30 [$1,000] $2,000 is held by [the reporting individual] you or [the
31 reporting individual's] your spouse or domestic partner. Also list
32 real property owned for investment purposes by a corporation more
33 than [fifty percent (50%)] 50% of the stock of which is owned or
34 controlled by [the reporting individual] you or [such individual's]
35 your spouse or domestic partner. [Do NOT list any real property
36 which is the primary or secondary personal residence of the report-
37 ing individual or the reporting individual's spouse or domestic
38 partner, except where there is a co-owner who is other than a rela-
39 tive.]
40 Self/ Percentage Category
41 Spouse/ General Acquisition of of Market
42 Domestic Nature Date Ownership Value
43 Partner [(In
44 Corporation Location Size Table II)]
45 ________________________________________________________________________
46 ________________________________________________________________________
47 ________________________________________________________________________
48 ________________________________________________________________________
49 ________________________________________________________________________
50 18. List below all notes and accounts receivable, other than from goods
51 or services sold, held by [the reporting individual] you at the
52 close of the taxable year last occurring prior to the date of filing
S. 9005 88 A. 10005
1 and other debts owed to [such individual] you at the close of the
2 taxable year last occurring prior to the date of filing, in EXCESS
3 of [$1,000] $2,000, including the name of the debtor, type of obli-
4 gation, date due and the nature of the collateral securing payment
5 of each, if any, excluding securities reported in [item] question 16
6 [hereinabove] above. Debts, notes and accounts receivable owed to
7 [the individual] you by a relative shall not be reported.
8 Type of Obligation, Category
9 Date Due, and Nature of
10 Name of Debtor of Collateral, if any Amount
11 [(In Table II)]
12 ____________________________________________________________________
13 ____________________________________________________________________
14 ____________________________________________________________________
15 ____________________________________________________________________
16 ____________________________________________________________________
17 19. List below all liabilities of [the reporting individual] you and
18 [such individual's] your spouse or domestic partner, in EXCESS of
19 [$10,000] $20,000 as of the date of filing of this statement, other
20 than liabilities to a relative, student loans, mortgages or home
21 equity loans on primary or secondary residences, car loans or loans
22 for household furniture and appliances. Do NOT list liabilities
23 incurred by, or guarantees made by, [the reporting individual] you
24 or [such individual's] your spouse or domestic partner or by any
25 proprietorship, partnership or corporation in which [the reporting
26 individual] you or [such individual's] your spouse or domestic part-
27 ner has an interest, when incurred or made in the ordinary course of
28 the trade, business or professional practice [of the reporting indi-
29 vidual or such individual's spouse or domestic partner]. Include the
30 name of the creditor and any collateral pledged by such individual
31 to secure payment of any such liability. [A reporting individual
32 shall] Do not list any obligation to pay maintenance in connection
33 with a matrimonial action, alimony or child support payments. Any
34 loan issued in the ordinary course of business by a financial insti-
35 tution to finance educational costs, the cost of home purchase or
36 improvements for a primary or secondary residence, or purchase of a
37 personally owned motor vehicle, household furniture or appliances
38 shall be excluded. If any such reportable liability has been guaran-
39 teed by any third person, list the liability and name the guarantor.
40 Category
41 Name of Creditor Type of Liability of
42 or Guarantor and Collateral, if any Amount
43 [(In Table II)]
44 ____________________________________________________________________
45 ____________________________________________________________________
46 ____________________________________________________________________
47 ____________________________________________________________________
48 ____________________________________________________________________
49 The requirements of law relating to the reporting of financial
50 interests are in the public interest and no adverse inference of
S. 9005 89 A. 10005
1 unethical or illegal conduct or behavior will be drawn merely from
2 compliance with these requirements.
3 ___________________________________ _________________________
4 (Signature of Reporting Individual) Date (month/day/year)
5 TABLE [I] OF VALUES
6 Category A [none
7 Category B $ 1 to under $ 1,000
8 Category C $ 1,000] $ 2,000 to under $ 5,000
9 Category [D] B $ 5,000 to under $ 20,000
10 Category [E] C $ 20,000 to under $ 50,000
11 Category [F] D $ 50,000 to under $ 75,000
12 Category [G] E $ 75,000 to under $ 100,000
13 Category [H] F $ 100,000 to under $ 150,000
14 Category [I] G $ 150,000 to under $ 250,000
15 [Category J $ 250,000 to under $ 350,000
16 Category K $ 350,000 to under $ 450,000
17 Category L $ 450,000 to under $ 550,000
18 Category M $ 550,000 to under $ 650,000
19 Category N $ 650,000 to under $ 750,000
20 Category O $ 750,000 to under $ 850,000
21 Category P $ 850,000 to under $ 950,000
22 Category Q $ 950,000 to under $1,050,000
23 Category R $1,050,000 to under $1,150,000
24 Category S $1,150,000 to under $1,250,000
25 Category T $1,250,000 to under $1,350,000
26 Category U $1,350,000 to under $1,450,000
27 Category V $1,450,000 to under $1,550,000
28 Category W $1,550,000 to under $1,650,000
29 Category X $1,650,000 to under $1,750,000
30 Category Y $1,750,000 to under $1,850,000
31 Category Z $1,850,000 to under $1,950,000
32 Category AA $1,950,000 to under $2,050,000
33 Category BB $2,050,000 to under $2,150,000
34 Category CC $2,150,000 to under $2,250,000
35 Category DD $2,250,000 to under $2,350,000
36 Category EE $2,350,000 to under $2,450,000
37 Category FF $2,450,000 to under $2,550,000
38 Category GG $2,550,000 to under $2,650,000
39 Category HH $2,650,000 to under $2,750,000
40 Category II $2,750,000 to under $2,850,000
41 Category JJ $2,850,000 to under $2,950,000
42 Category KK $2,950,000 to under $3,050,000
43 Category LL $3,050,000 to under $3,150,000
44 Category MM $3,150,000 to under $3,250,000
45 Category NN $3,250,000 to under $3,350,000
46 Category OO $3,350,000 to under $3,450,000
47 Category PP $3,450,000 to under $3,550,000
48 Category QQ $3,550,000 to under $3,650,000
49 Category RR $3,650,000 to under $3,750,000
50 Category SS $3,750,000 to under $3,850,000
51 Category TT $3,850,000 to under $3,950,000
52 Category UU $3,950,000 to under $4,050,000
53 Category VV $4,050,000 to under $4,150,000
54 Category WW $4,150,000 to under $4,250,000
S. 9005 90 A. 10005
1 Category XX $4,250,000 to under $4,350,000
2 Category YY $4,350,000 to under $4,450,000
3 Category ZZ $4,450,000 to under $4,550,000
4 Category AAA $4,550,000 to under $4,650,000
5 Category BBB $4,650,000 to under $4,750,000
6 Category CCC $4,750,000 to under $4,850,000
7 Category DDD $4,850,000 to under $4,950,000
8 Category EEE $4,950,000 to under $5,050,000
9 Category FFF $5,050,000 to under $5,150,000
10 Category GGG $5,150,000 to under $5,250,000
11 Category HHH $5,250,000 to under $5,350,000
12 Category III $5,350,000 to under $5,450,000
13 Category JJJ $5,450,000 to under $5,550,000
14 Category KKK $5,550,000 to under $5,650,000
15 Category LLL $5,650,000 to under $5,750,000
16 Category MMM $5,750,000 to under $5,850,000
17 Category NNN $5,850,000 to under $5,950,000
18 Category OOO $5,950,000 to under $6,050,000
19 Category PPP $6,050,000 to under $6,150,000
20 Category QQQ $6,150,000 to under $6,250,000
21 Category RRR $6,250,000 to under $6,350,000
22 Category SSS $6,350,000 to under $6,450,000
23 Category TTT $6,450,000 to under $6,550,000
24 Category UUU $6,550,000 to under $6,650,000
25 Category VVV $6,650,000 to under $6,750,000
26 Category WWW $6,750,000 to under $6,850,000
27 Category XXX $6,850,000 to under $6,950,000
28 Category YYY $6,950,000 to under $7,050,000
29 Category ZZZ $7,050,000 to under $7,150,000
30 Category AAAA $7,150,000 to under $7,250,000
31 Category BBBB $7,250,000 to under $7,350,000
32 Category CCCC $7,350,000 to under $7,450,000
33 Category DDDD $7,450,000 to under $7,550,000
34 Category EEEE $7,550,000 to under $7,650,000
35 Category FFFF $7,650,000 to under $7,750,000
36 Category GGGG $7,750,000 to under $7,850,000
37 Category HHHH $7,850,000 to under $7,950,000
38 Category IIII $7,950,000 to under $8,050,000
39 Category JJJJ $8,050,000 to under $8,150,000
40 Category KKKK $8,150,000 to under $8,250,000
41 Category LLLL $8,250,000 to under $8,350,000
42 Category MMMM $8,350,000 to under $8,450,000
43 Category NNNN $8,450,000 to under $8,550,000
44 Category OOOO $8,550,000 to under $8,650,000
45 Category PPPP $8,650,000 to under $8,750,000
46 Category QQQQ $8,750,000 to under $8,850,000
47 Category RRRR $8,850,000 to under $8,950,000
48 Category SSSS $8,950,000 to under $9,050,000
49 Category TTTT $9,050,000 to under $9,150,000
50 Category UUUU $9,150,000 to under $9,250,000
51 Category VVVV $9,250,000 to under $9,350,000
52 Category WWWW $9,350,000 to under $9,450,000
53 Category XXXX $9,450,000 to under $9,550,000
54 Category YYYY $9,550,000 to under $9,650,000
55 Category ZZZZ $9,650,000 to under $9,750,000
56 Category AAAAA $9,750,000 to under $9,850,000
S. 9005 91 A. 10005
1 Category BBBBB $9,850,000 to under $9,950,000
2 Category CCCCC $9,950,000 to under $10,000,000
3 Category DDDDD $10,000,000 or over
4 TABLE II
5 Category A none
6 Category B $ 1 to under $ 1,000
7 Category C $ 1,000 to under $ 5,000
8 Category D $ 5,000 to under $ 20,000
9 Category E $ 20,000 to under $ 50,000
10 Category F $ 50,000 to under $ 75,000
11 Category G $ 75,000 to under $ 100,000
12 Category H $ 100,000 to under $ 150,000
13 Category I $ 150,000 to under $ 250,000]
14 Category [J] H $ 250,000 to under $ 500,000
15 Category [K] I $ 500,000 to under $ 750,000
16 Category [L] J $ 750,000 to under $1,000,000
17 Category [M] K $1,000,000 to under $1,250,000
18 Category [N] L $1,250,000 to under $1,500,000
19 Category [O] M $1,500,000 to under $1,750,000
20 Category [P] N $1,750,000 to under $2,000,000
21 Category [Q] O $2,000,000 to under $2,250,000
22 Category [R] P $2,250,000 to under $2,500,000
23 Category [S] Q $2,500,000 to under $2,750,000
24 Category [T] R $2,750,000 to under $3,000,000
25 Category [U] S $3,000,000 to under $3,250,000
26 Category [V] T $3,250,000 to under $3,500,000
27 Category [W] U $3,500,000 to under $3,750,000
28 Category [X] V $3,750,000 to under $4,000,000
29 Category [Y] W $4,000,000 to under $4,250,000
30 Category [Z] X $4,250,000 to under $4,500,000
31 Category [AA] Y $4,500,000 to under $4,750,000
32 Category [BB] Z $4,750,000 to under $5,000,000
33 Category [CC] AA $5,000,000 to under $5,250,000
34 Category [DD] BB $5,250,000 to under $5,500,000
35 Category [EE] CC $5,500,000 to under $5,750,000
36 Category [FF] DD $5,750,000 to under $6,000,000
37 Category [GG] EE $6,000,000 to under $6,250,000
38 Category [HH] FF $6,250,000 to under $6,500,000
39 Category [II] GG $6,500,000 to under $6,750,000
40 Category [JJ] HH $6,750,000 to under $7,000,000
41 Category [KK] II $7,000,000 to under $7,250,000
42 Category [LL] JJ $7,250,000 to under $7,500,000
43 Category [MM] KK $7,500,000 to under $7,750,000
44 Category [NN] LL $7,750,000 to under $8,000,000
45 Category [OO] MM $8,000,000 to under $8,250,000
46 Category [PP] NN $8,250,000 to under $8,500,000
47 Category [QQ] OO $8,500,000 to under $8,750,000
48 Category [RR] PP $8,750,000 to under $9,000,000
49 Category [SS] QQ $9,000,000 to under $9,250,000
50 Category [TT] RR $9,250,000 to under $9,500,000
51 Category [UU] SS $9,500,000 or over
52 4. A reporting individual who knowingly and wilfully fails to file an
53 annual statement of financial disclosure or who knowingly and wilfully
54 with intent to deceive makes a false statement or gives information
55 which such individual knows to be false on such statement of financial
S. 9005 92 A. 10005
1 disclosure filed pursuant to this section shall be subject to a civil
2 penalty in an amount not to exceed forty thousand dollars. Assessment of
3 a civil penalty hereunder shall be made by the commission on ethics and
4 lobbying in government or by the legislative ethics commission, as the
5 case may be, with respect to persons subject to their respective juris-
6 dictions. The commission on ethics and lobbying in government acting
7 pursuant to subdivision fourteen of section ninety-four of the executive
8 law or the legislative ethics commission acting pursuant to subdivision
9 eleven of section eighty of the legislative law, as the case may be,
10 may, in lieu of or in addition to a civil penalty, refer a violation to
11 the appropriate prosecutor and upon such conviction, but only after such
12 referral, such violation shall be punishable as a class A misdemeanor. A
13 civil penalty for false filing may not be imposed hereunder in the event
14 a category of "value" or "amount" reported hereunder is incorrect unless
15 such reported information is falsely understated. Notwithstanding any
16 other provision of law to the contrary, no other penalty, civil or crim-
17 inal may be imposed for a failure to file, or for a false filing, of
18 such statement, except that the appointing authority may impose disci-
19 plinary action as otherwise provided by law. The commission on ethics
20 and lobbying in government and the legislative ethics commission shall
21 each be deemed to be an agency within the meaning of article three of
22 the state administrative procedure act and shall adopt rules governing
23 the conduct of adjudicatory proceedings and appeals relating to the
24 assessment of the civil penalties herein authorized. Such rules, which
25 shall not be subject to the approval requirements of the state adminis-
26 trative procedure act, shall provide for due process procedural mech-
27 anisms substantially similar to those set forth in such article three
28 but such mechanisms need not be identical in terms or scope. Assessment
29 of a civil penalty shall be final unless modified, suspended or vacated
30 within thirty days of imposition and upon becoming final shall be
31 subject to review at the instance of the affected reporting individual
32 in a proceeding commenced against the commission on ethics and lobbying
33 in government or the legislative ethics commission, pursuant to article
34 seventy-eight of the civil practice law and rules.
35 5. Nothing contained in this section shall be construed as precluding
36 any public authority or public benefit corporation from exercising any
37 authority or power now or hereafter existing to require any of its
38 members, directors, officers or employees to file financial disclosure
39 statements with such public authority or public benefit corporation that
40 are the same as, different from or supplemental to any of the require-
41 ments contained herein and to provide only for internal employment
42 discipline for any violation arising out of such internal filing.
43 6. Notwithstanding any other provision of law or any professional
44 disciplinary rule to the contrary, the disclosure of the identity of any
45 client or customer on a reporting individual's annual statement of
46 financial disclosure shall not constitute professional misconduct or a
47 ground for disciplinary action of any kind, or form the basis for any
48 civil or criminal cause of action or proceeding.
49 7. With respect to an application to either the commission on ethics
50 and lobbying in government or the office of court administration for an
51 exemption to disclosing the name of a client or customer in response to
52 questions 8 [(b-1), 8 (b-2)] (b) and 8 (c), all information which is the
53 subject of or a part of such application shall remain confidential. The
54 name of the client need not be disclosed by the reporting individual
55 unless and until the commission on ethics and lobbying in government or
56 the office of court administration formally advises the reporting indi-
S. 9005 93 A. 10005
1 vidual that [he or she] such individual must disclose such names and the
2 reporting individual agrees to represent the client. Any commissioner or
3 person employed by the commission on ethics and lobbying in government
4 or any person employed by the office of court administration who, inten-
5 tionally and without authorization from a court of competent jurisdic-
6 tion releases confidential information related to a request for an
7 exemption received by the commission or the office of court adminis-
8 tration shall be guilty of a class A misdemeanor.
9 § 2. Paragraph (a) of subdivision 6 of section 202 of the tax law, as
10 amended by chapter 92 of the laws of 2019, is amended to read as
11 follows:
12 (a) Notwithstanding the provisions of subdivision one of this section,
13 upon written request from the chairperson of the committee on ways and
14 means of the United States House of Representatives, the chairperson of
15 the committee on finance of the United States Senate, or the chairperson
16 of the joint committee on taxation of the United States Congress, the
17 commissioner shall furnish such committee with any current or prior year
18 reports specified in such request that were filed under this article by
19 the president of the United States, vice-president of the United States,
20 member of the United States Congress representing New York state, or any
21 person who served in or was employed by the executive branch of the
22 government of the United States on the executive staff of the president,
23 in the executive office of the president, or in an acting or confirmed
24 capacity in a position subject to confirmation by the United States
25 senate; or, in New York state: a statewide elected official, as defined
26 in [paragraph (a) of subdivision one of] section [seventy-three-a]
27 seventy-three of the public officers law; a state officer or employee,
28 as defined in [subparagraph (i) of paragraph (c) of subdivision one of
29 such] section seventy-three-a of the public officers law; a political
30 party chairperson, as defined in [paragraph (h) of subdivision one of
31 such] section [seventy-three-a] seventy-three of the public officers
32 law; a local elected official, as defined in subdivisions one and two of
33 section eight hundred ten of the general municipal law; a person
34 appointed, pursuant to law, to serve due to vacancy or otherwise in the
35 position of a local elected official, as defined in subdivisions one and
36 two of section eight hundred ten of the general municipal law; a member
37 of the state legislature; or a judge or justice of the unified court
38 system; or filed by a partnership, firm, association, corporation,
39 joint-stock company, trust or similar entity directly or indirectly
40 controlled by any individual listed in this paragraph, whether by
41 contract, through ownership or control of a majority interest in such
42 entity, or otherwise, or filed by a partnership, firm, association,
43 corporation, joint-stock company, trust or similar entity of which any
44 individual listed in this paragraph holds ten percent or more of the
45 voting securities of such entity; provided however that, prior to
46 furnishing any report, the commissioner shall redact any copy of a
47 federal return (or portion thereof) attached to, or any information on a
48 federal return that is reflected on, such report, and any social securi-
49 ty numbers, account numbers and residential address information.
50 § 3. Paragraph (a) of subdivision 16 of section 211 of the tax law, as
51 amended by chapter 92 of the laws of 2019, is amended to read as
52 follows:
53 (a) Notwithstanding the provisions of subdivision eight of this
54 section, upon written request from the chairperson of the committee on
55 ways and means of the United States House of Representatives, the chair-
56 person of the committee on finance of the United States Senate, or the
S. 9005 94 A. 10005
1 chairperson of the joint committee on taxation of the United States
2 Congress, the commissioner shall furnish such committee with any current
3 or prior year reports specified in such request that were filed under
4 this article by the president of the United States, vice-president of
5 the United States, member of the United States Congress representing New
6 York state, or any person who served in or was employed by the executive
7 branch of the government of the United States on the executive staff of
8 the president, in the executive office of the president, or in an acting
9 or confirmed capacity in a position subject to confirmation by the
10 United States senate; or, in New York state: a statewide elected offi-
11 cial, as defined in [paragraph (a) of subdivision one of] section
12 [seventy-three-a] seventy-three of the public officers law; a state
13 officer or employee, as defined in [subparagraph (i) of paragraph (c) of
14 subdivision one of such] section seventy-three-a of the public officers
15 law; a political party chairperson, as defined in [paragraph (h) of
16 subdivision one of such] section [seventy-three-a] seventy-three of the
17 public officers law; a local elected official, as defined in subdivi-
18 sions one and two of section eight hundred ten of the general municipal
19 law; a person appointed, pursuant to law, to serve due to vacancy or
20 otherwise in the position of a local elected official, as defined in
21 subdivisions one and two of section eight hundred ten of the general
22 municipal law; a member of the state legislature; or a judge or justice
23 of the unified court system, or filed by a partnership, firm, associ-
24 ation, corporation, joint-stock company, trust or similar entity direct-
25 ly or indirectly controlled by any individual listed in this paragraph,
26 whether by contract, through ownership or control of a majority interest
27 in such entity, or otherwise, or filed by a partnership, firm, associ-
28 ation, corporation, joint-stock company, trust or similar entity of
29 which any individual listed in this paragraph holds ten percent or more
30 of the voting securities of such entity; provided however that, prior to
31 furnishing any report, the commissioner shall redact any copy of a
32 federal return (or portion thereof) attached to, or any information on a
33 federal return that is reflected on, such report, and any social securi-
34 ty numbers, account numbers and residential address information.
35 § 4. Paragraph 1 of subdivision (g) of section 314 of the tax law, as
36 amended by chapter 92 of the laws of 2019, is amended to read as
37 follows:
38 (1) Notwithstanding the provisions of subdivision (a) of this section,
39 upon written request from the chairperson of the committee on ways and
40 means of the United States House of Representatives, the chairperson of
41 the committee on finance of the United States Senate, or the chairperson
42 of the joint committee on taxation of the United States Congress, the
43 commissioner shall furnish such committee with any current or prior year
44 returns specified in such request that were filed under this article by
45 the president of the United States, vice-president of the United States,
46 member of the United States Congress representing New York state, or any
47 person who served in or was employed by the executive branch of the
48 government of the United States on the executive staff of the president,
49 in the executive office of the president, or in an acting or confirmed
50 capacity in a position subject to confirmation by the United States
51 senate; or, in New York state: a statewide elected official, as defined
52 in [paragraph (a) of subdivision one of] section [seventy-three-a]
53 seventy-three of the public officers law; a state officer or employee,
54 as defined in [subparagraph (i) of paragraph (c) of subdivision one of
55 such] section seventy-three-a of the public officers law; a political
56 party chairperson, as defined in [paragraph (h) of subdivision one of
S. 9005 95 A. 10005
1 such] section [seventy-three-a] seventy-three of the public officers
2 law; a local elected official, as defined in subdivisions one and two of
3 section eight hundred ten of the general municipal law; a person
4 appointed, pursuant to law, to serve due to vacancy or otherwise in the
5 position of a local elected official, as defined in subdivisions one and
6 two of section eight hundred ten of the general municipal law; a member
7 of the state legislature; or a judge or justice of the unified court
8 system, or filed by a partnership, firm, association, corporation,
9 joint-stock company, trust or similar entity directly or indirectly
10 controlled by any individual listed in this paragraph, whether by
11 contract, through ownership or control of a majority interest in such
12 entity, or otherwise, or filed by a partnership, firm, association,
13 corporation, joint-stock company, trust or similar entity of which any
14 individual listed in this paragraph holds ten percent or more of the
15 voting securities of such entity; provided however that, prior to
16 furnishing any return, the commissioner shall redact any copy of a
17 federal return (or portion thereof) attached to, or any information on a
18 federal return that is reflected on, such return, and any social securi-
19 ty numbers, account numbers and residential address information.
20 § 5. Paragraph (a) of subdivision 5 of section 437 of the tax law, as
21 amended by chapter 92 of the laws of 2019, is amended to read as
22 follows:
23 (a) Notwithstanding the provisions of subdivision one of this section,
24 upon written request from the chairperson of the committee on ways and
25 means of the United States House of Representatives, the chairperson of
26 the committee on finance of the United States Senate, or the chairperson
27 of the joint committee on taxation of the United States Congress, the
28 commissioner shall furnish such committee with any current or prior year
29 returns or reports specified in such request that were filed under this
30 article by the president of the United States, vice-president of the
31 United States, member of the United States Congress representing New
32 York state, or any person who served in or was employed by the executive
33 branch of the government of the United States on the executive staff of
34 the president, in the executive office of the president, or in an acting
35 or confirmed capacity in a position subject to confirmation by the
36 United States senate; or, in New York state: a statewide elected offi-
37 cial, as defined in [paragraph (a) of subdivision one of] section
38 [seventy-three-a] seventy-three of the public officers law; a state
39 officer or employee, as defined in [subparagraph (i) of paragraph (c) of
40 subdivision one of such] section seventy-three-a of the public officers
41 law; a political party chairperson, as defined in [paragraph (h) of
42 subdivision one of such] section [seventy-three-a] seventy-three of the
43 public officers law; a local elected official, as defined in subdivi-
44 sions one and two of section eight hundred ten of the general municipal
45 law; a person appointed, pursuant to law, to serve due to vacancy or
46 otherwise in the position of a local elected official, as defined in
47 subdivisions one and two of section eight hundred ten of the general
48 municipal law; a member of the state legislature; or a judge or justice
49 of the unified court system, or filed by a partnership, firm, associ-
50 ation, corporation, joint-stock company, trust or similar entity direct-
51 ly or indirectly controlled by any individual listed in this paragraph,
52 whether by contract, through ownership or control of a majority interest
53 in such entity, or otherwise, or filed by a partnership, firm, associ-
54 ation, corporation, joint-stock company, trust or similar entity of
55 which any individual listed in this paragraph holds ten percent or more
56 of the voting securities of such entity; provided however that, prior to
S. 9005 96 A. 10005
1 furnishing any return or report, the commissioner shall redact any copy
2 of a federal return (or portion thereof) attached to, or any information
3 on a federal return that is reflected on, such return or report, and any
4 social security numbers, account numbers and residential address infor-
5 mation.
6 § 6. Paragraph 1 of subdivision (a-1) of section 499 of the tax law,
7 as amended by chapter 92 of the laws of 2019, is amended to read as
8 follows:
9 (1) Notwithstanding the provisions of subdivision (a) of this section,
10 upon written request from the chairperson of the committee on ways and
11 means of the United States House of Representatives, the chairperson of
12 the committee on finance of the United States Senate, or the chairperson
13 of the joint committee on taxation of the United States Congress, the
14 commissioner shall furnish such committee with any current or prior year
15 returns or reports specified in such request that were filed under this
16 article by the president of the United States, vice-president of the
17 United States, member of the United States Congress representing New
18 York state, or any person who served in or was employed by the executive
19 branch of the government of the United States on the executive staff of
20 the president, in the executive office of the president, or in an acting
21 or confirmed capacity in a position subject to confirmation by the
22 United States senate; or, in New York state: a statewide elected offi-
23 cial, as defined in [paragraph (a) of subdivision one of] section
24 [seventy-three-a] seventy-three of the public officers law; a state
25 officer or employee, as defined in [subparagraph (i) of paragraph (c) of
26 subdivision one of such] section seventy-three-a of the public officers
27 law; a political party chairperson, as defined in [paragraph (h) of
28 subdivision one of such] section [seventy-three-a] seventy-three of the
29 public officers law; a local elected official, as defined in subdivi-
30 sions one and two of section eight hundred ten of the general municipal
31 law; a person appointed, pursuant to law, to serve due to vacancy or
32 otherwise in the position of a local elected official, as defined in
33 subdivisions one and two of section eight hundred ten of the general
34 municipal law; a member of the state legislature; or a judge or justice
35 of the unified court system, or filed by a partnership, firm, associ-
36 ation, corporation, joint-stock company, trust or similar entity direct-
37 ly or indirectly controlled by any individual listed in this paragraph,
38 whether by contract, through ownership or control of a majority interest
39 in such entity, or otherwise, or filed by a partnership, firm, associ-
40 ation, corporation, joint-stock company, trust or similar entity of
41 which any individual listed in this paragraph holds ten percent or more
42 of the voting securities of such entity; provided however that, prior to
43 furnishing any return or report, the commissioner shall redact any copy
44 of a federal return (or portion thereof) attached to, or any information
45 on a federal return that is reflected on, such return or report, and any
46 social security numbers, account numbers and residential address infor-
47 mation.
48 § 7. Paragraph (a) of subdivision 6 of section 514 of the tax law, as
49 amended by chapter 92 of the laws of 2019, is amended to read as
50 follows:
51 (a) Notwithstanding the provisions of subdivision one of this section,
52 upon written request from the chairperson of the committee on ways and
53 means of the United States House of Representatives, the chairperson of
54 the committee on finance of the United States Senate, or the chairperson
55 of the joint committee on taxation of the United States Congress, the
56 commissioner shall furnish such committee with any current or prior year
S. 9005 97 A. 10005
1 returns or reports specified in such request that were filed under this
2 article by the president of the United States, vice-president of the
3 United States, member of the United States Congress representing New
4 York state, or any person who served in or was employed by the executive
5 branch of the government of the United States on the executive staff of
6 the president, in the executive office of the president, or in an acting
7 or confirmed capacity in a position subject to confirmation by the
8 United States senate; or, in New York state: a statewide elected offi-
9 cial, as defined in [paragraph (a) of subdivision one of] section
10 [seventy-three-a] seventy-three of the public officers law; a state
11 officer or employee, as defined in [subparagraph (i) of paragraph (c) of
12 subdivision one of such] section seventy-three-a of the public officers
13 law; a political party chairperson, as defined in [paragraph (h) of
14 subdivision one of such] section [seventy-three-a] seventy-three of the
15 public officers law; a local elected official, as defined in subdivi-
16 sions one and two of section eight hundred ten of the general municipal
17 law; a person appointed, pursuant to law, to serve due to vacancy or
18 otherwise in the position of a local elected official, as defined in
19 subdivisions one and two of section eight hundred ten of the general
20 municipal law; a member of the state legislature; or a judge or justice
21 of the unified court system; or filed by a partnership, firm, associ-
22 ation, corporation, joint-stock company, trust or similar entity direct-
23 ly or indirectly controlled by any individual listed in this paragraph,
24 whether by contract, through ownership or control of a majority interest
25 in such entity, or otherwise, or filed by a partnership, firm, associ-
26 ation, corporation, joint-stock company, trust or similar entity of
27 which any individual listed in this paragraph holds ten percent or more
28 of the voting securities of such entity; provided however that, prior to
29 furnishing any return or report, the commissioner shall redact any copy
30 of a federal return (or portion thereof) attached to, or any information
31 on a federal return that is reflected on, such return or report, and any
32 social security numbers, account numbers and residential address infor-
33 mation.
34 § 8. Paragraph 1 of subdivision (f-1) of section 697 of the tax law,
35 as amended by chapter 92 of the laws of 2019, is amended to read as
36 follows:
37 (1) Notwithstanding the provisions of subsection (e) of this section,
38 upon written request from the chairperson of the committee on ways and
39 means of the United States House of Representatives, the chairperson of
40 the committee on finance of the United States Senate, or the chairperson
41 of the joint committee on taxation of the United States Congress, the
42 commissioner shall furnish such committee with any current or prior year
43 reports or returns specified in such request that were filed under this
44 article by the president of the United States, vice-president of the
45 United States, member of the United States Congress representing New
46 York state, or any person who served in or was employed by the executive
47 branch of the government of the United States on the executive staff of
48 the president, in the executive office of the president, or in an acting
49 or confirmed capacity in a position subject to confirmation by the
50 United States senate; or, in New York state: a statewide elected offi-
51 cial, as defined in [paragraph (a) of subdivision one of] section
52 [seventy-three-a] seventy-three of the public officers law; a state
53 officer or employee, as defined in [subparagraph (i) of paragraph (c) of
54 subdivision one of such] section seventy-three-a of the public officers
55 law; a political party chairperson, as defined in [paragraph (h) of
56 subdivision one of such] section [seventy-three-a] seventy-three of the
S. 9005 98 A. 10005
1 public officers law; a local elected official, as defined in subdivi-
2 sions one and two of section eight hundred ten of the general municipal
3 law; a person appointed, pursuant to law, to serve due to vacancy or
4 otherwise in the position of a local elected official, as defined in
5 subdivisions one and two of section eight hundred ten of the general
6 municipal law; a member of the state legislature; or a judge or justice
7 of the unified court system; provided however that, prior to furnishing
8 any report or return, the commissioner shall redact any copy of a feder-
9 al return (or portion thereof) attached to, or any information on a
10 federal return that is reflected on, such report or return, and any
11 social security numbers, account numbers and residential address infor-
12 mation.
13 § 9. Paragraph 1 of subsection (b-1) of section 994 of the tax law, as
14 amended by chapter 92 of the laws of 2019, is amended to read as
15 follows:
16 (1) Notwithstanding the provisions of subsection (a) of this section,
17 upon written request from the chairperson of the committee on ways and
18 means of the United States House of Representatives, the chairperson of
19 the committee on finance of the United States Senate, or the chairperson
20 of the joint committee on taxation of the United States Congress, the
21 commissioner shall furnish such committee with any current or prior year
22 reports or returns specified in such request that were filed under this
23 article by the president of the United States, vice-president of the
24 United States, member of the United States Congress representing New
25 York state, or any person who served in or was employed by the executive
26 branch of the government of the United States on the executive staff of
27 the president, in the executive office of the president, or in an acting
28 or confirmed capacity in a position subject to confirmation by the
29 United States senate; or, in New York state: a statewide elected offi-
30 cial, as defined in [paragraph (a) of subdivision one of] section
31 [seventy-three-a] seventy-three of the public officers law; a state
32 officer or employee, as defined in [subparagraph (i) of paragraph (c) of
33 subdivision one of such] section seventy-three-a of the public officers
34 law; a political party chairperson, as defined in [paragraph (h) of
35 subdivision one of such] section [seventy-three-a] seventy-three of the
36 public officers law; a local elected official, as defined in subdivi-
37 sions one and two of section eight hundred ten of the general municipal
38 law; a person appointed, pursuant to law, to serve due to vacancy or
39 otherwise in the position of a local elected official, as defined in
40 subdivisions one and two of section eight hundred ten of the general
41 municipal law; a member of the state legislature; or a judge or justice
42 of the unified court system; or filed by a partnership, firm, associ-
43 ation, corporation, joint-stock company, trust or similar entity direct-
44 ly or indirectly controlled by any individual listed in this paragraph,
45 whether by contract, through ownership or control of a majority interest
46 in such entity, or otherwise, or filed by a partnership, firm, associ-
47 ation, corporation, joint-stock company, trust or similar entity of
48 which any individual listed in this paragraph holds ten percent or more
49 of the voting securities of such entity; provided however that, prior to
50 furnishing any report or return, the commissioner shall redact any copy
51 of a federal return (or portion thereof) attached to, or any information
52 on a federal return that is reflected on, such report or return, and any
53 social security numbers, account numbers and residential address infor-
54 mation.
S. 9005 99 A. 10005
1 § 10. Paragraph 1 of subdivision (h) of section 1146 of the tax law,
2 as amended by chapter 92 of the laws of 2019, is amended to read as
3 follows:
4 (1) Notwithstanding the provisions of subdivision (a) of this section,
5 upon written request from the chairperson of the committee on ways and
6 means of the United States House of Representatives, the chairperson of
7 the committee on finance of the United States Senate, or the chairperson
8 of the joint committee on taxation of the United States Congress, the
9 commissioner shall furnish such committee with any current or prior year
10 returns or reports specified in such request that were filed under this
11 article by the president of the United States, vice-president of the
12 United States, member of the United States Congress representing New
13 York state, or any person who served in or was employed by the executive
14 branch of the government of the United States on the executive staff of
15 the president, in the executive office of the president, or in an acting
16 or confirmed capacity in a position subject to confirmation by the
17 United States senate; or, in New York state: a statewide elected offi-
18 cial, as defined in [paragraph (a) of subdivision one of] section
19 [seventy-three-a] seventy-three of the public officers law; a state
20 officer or employee, as defined in [subparagraph (i) of paragraph (c) of
21 subdivision one of such] section seventy-three-a of the public officers
22 law; a political party chairperson, as defined in [paragraph (h) of
23 subdivision one of such] section [seventy-three-a] seventy-three of the
24 public officers law; a local elected official, as defined in subdivi-
25 sions one and two of section eight hundred ten of the general municipal
26 law; a person appointed, pursuant to law, to serve due to vacancy or
27 otherwise in the position of a local elected official, as defined in
28 subdivisions one and two of section eight hundred ten of the general
29 municipal law; a member of the state legislature, or a judge or justice
30 of the unified court system; or filed by a partnership, firm, associ-
31 ation, corporation, joint-stock company, trust or similar entity direct-
32 ly or indirectly controlled by any individual listed in this paragraph,
33 whether by contract, through ownership or control of a majority interest
34 in such entity, or otherwise, or filed by a partnership, firm, associ-
35 ation, corporation, joint-stock company, trust or similar entity of
36 which any individual listed in this paragraph holds ten percent or more
37 of the voting securities of such entity; provided however that, prior to
38 furnishing any return or report, the commissioner shall redact any copy
39 of a federal return (or portion thereof) attached to, or any information
40 on a federal return that is reflected on, such report or return, and any
41 social security numbers, account numbers and residential address infor-
42 mation.
43 § 11. Paragraph 1 of subdivision (g) of section 1287 of the tax law,
44 as amended by chapter 92 of the laws of 2019, is amended to read as
45 follows:
46 (1) Notwithstanding the provisions of subdivision (a) of this section,
47 upon written request from the chairperson of the committee on ways and
48 means of the United States House of Representatives, the chairperson of
49 the committee on finance of the United States Senate, or the chairperson
50 of the joint committee on taxation of the United States Congress, the
51 commissioner shall furnish such committee with any current or prior year
52 returns specified in such request that were filed under this article by
53 the president of the United States, vice-president of the United States,
54 member of the United States Congress representing New York state, or any
55 person who served in or was employed by the executive branch of the
56 government of the United States on the executive staff of the president,
S. 9005 100 A. 10005
1 in the executive office of the president, or in an acting or confirmed
2 capacity in a position subject to confirmation by the United States
3 senate; or, in New York state: a statewide elected official, as defined
4 in [paragraph (a) of subdivision one of] section [seventy-three-a]
5 seventy-three of the public officers law; a state officer or employee,
6 as defined in [subparagraph (i) of paragraph (c) of subdivision one of
7 such] section seventy-three-a of the public officers law; a political
8 party chairperson, as defined in [paragraph (h) of subdivision one of
9 such] section [seventy-three-a] seventy-three of the public officers
10 law; a local elected official, as defined in subdivisions one and two of
11 section eight hundred ten of the general municipal law; a person
12 appointed, pursuant to law, to serve due to vacancy or otherwise in the
13 position of a local elected official, as defined in subdivisions one and
14 two of section eight hundred ten of the general municipal law; a member
15 of the state legislature; or a judge or justice of the unified court
16 system; or filed by a partnership, firm, association, corporation,
17 joint-stock company, trust or similar entity directly or indirectly
18 controlled by any individual listed in this paragraph, whether by
19 contract, through ownership or control of a majority interest in such
20 entity, or otherwise, or filed by a partnership, firm, association,
21 corporation, joint-stock company, trust or similar entity of which any
22 individual listed in this paragraph holds ten percent or more of the
23 voting securities of such entity; provided however that, prior to
24 furnishing any return, the commissioner shall redact any copy of a
25 federal return (or portion thereof) attached to, or any information on a
26 federal return that is reflected on, such return, and any social securi-
27 ty numbers, account numbers and residential address information.
28 § 12. Paragraph 1 of subdivision (f) of section 1296 of the tax law,
29 as amended by chapter 92 of the laws of 2019, is amended to read as
30 follows:
31 (1) Notwithstanding the provisions of subdivision (a) of this section,
32 upon written request from the chairperson of the committee on ways and
33 means of the United States House of Representatives, the chairperson of
34 the committee on finance of the United States Senate, or the chairperson
35 of the joint committee on taxation of the United States Congress, the
36 commissioner shall furnish such committee with any current or prior year
37 returns or reports specified in such request that were filed under this
38 article by the president of the United States, vice-president of the
39 United States, member of the United States Congress representing New
40 York state, or any person who served in or was employed by the executive
41 branch of the government of the United States on the executive staff of
42 the president, in the executive office of the president, or in an acting
43 or confirmed capacity in a position subject to confirmation by the
44 United States senate; or, in New York state: a statewide elected offi-
45 cial, as defined in [paragraph (a) of subdivision one of] section
46 [seventy-three-a] seventy-three of the public officers law; a state
47 officer or employee, as defined in [subparagraph (i) of paragraph (c) of
48 subdivision one of such] section seventy-three-a of the public officers
49 law; a political party chairperson, as defined in [paragraph (h) of
50 subdivision one of such] section [seventy-three-a] seventy-three of the
51 public officers law; a local elected official, as defined in subdivi-
52 sions one and two of section eight hundred ten of the general municipal
53 law; a person appointed, pursuant to law, to serve due to vacancy or
54 otherwise in the position of a local elected official, as defined in
55 subdivisions one and two of section eight hundred ten of the general
56 municipal law; a member of the state legislature; or a judge or justice
S. 9005 101 A. 10005
1 of the unified court system; or filed by a partnership, firm, associ-
2 ation, corporation, joint-stock company, trust or similar entity direct-
3 ly or indirectly controlled by any individual listed in this paragraph,
4 whether by contract, through ownership or control of a majority interest
5 in such entity, or otherwise, or filed by a partnership, firm, associ-
6 ation, corporation, joint-stock company, trust or similar entity of
7 which any individual listed in this paragraph holds ten percent or more
8 of the voting securities of such entity; provided however that, prior to
9 furnishing any return or report, the commissioner shall redact any copy
10 of a federal return (or portion thereof) attached to, or any information
11 on a federal return that is reflected on, such return or report, and any
12 social security numbers, account numbers and residential address infor-
13 mation.
14 § 13. Paragraph 1 of subdivision (d) of section 1299-f of the tax law,
15 as amended by chapter 92 of the laws of 2019, is amended to read as
16 follows:
17 (1) Notwithstanding the provisions of subdivision (a) of this section,
18 upon written request from the chairperson of the committee on ways and
19 means of the United States House of Representatives, the chairperson of
20 the committee on finance of the United States Senate, or the chairperson
21 of the joint committee on taxation of the United States Congress, the
22 commissioner shall furnish such committee with any current or prior year
23 returns specified in such request that were filed under this article by
24 the president of the United States, vice-president of the United States,
25 member of the United States Congress representing New York state, or any
26 person who served in or was employed by the executive branch of the
27 government of the United States on the executive staff of the president,
28 in the executive office of the president, or in an acting or confirmed
29 capacity in a position subject to confirmation by the United States
30 senate; or, in New York state: a statewide elected official, as defined
31 in [paragraph (a) of subdivision one of] section [seventy-three-a]
32 seventy-three of the public officers law; a state officer or employee,
33 as defined in [subparagraph (i) of paragraph (c) of subdivision one of
34 such] section seventy-three-a of the public officers law; a political
35 party chairperson, as defined in [paragraph (h) of subdivision one of
36 such] section [seventy-three-a] seventy-three of the public officers
37 law; a local elected official, as defined in subdivisions one and two of
38 section eight hundred ten of the general municipal law; a person
39 appointed, pursuant to law, to serve due to vacancy or otherwise in the
40 position of a local elected official, as defined in subdivisions one and
41 two of section eight hundred ten of the general municipal law; a member
42 of the state legislature; or a judge or justice of the unified court
43 system; or filed by a partnership, firm, association, corporation,
44 joint-stock company, trust or similar entity directly or indirectly
45 controlled by any individual listed in this paragraph, whether by
46 contract, through ownership or control of a majority interest in such
47 entity, or otherwise, or filed by a partnership, firm, association,
48 corporation, joint-stock company, trust or similar entity of which any
49 individual listed in this paragraph holds ten percent or more of the
50 voting securities of such entity; provided however that, prior to
51 furnishing any return, the commissioner shall redact any copy of a
52 federal return (or portion thereof) attached to, or any information on a
53 federal return that is reflected on, such return, and any social securi-
54 ty numbers, account numbers and residential address information.
S. 9005 102 A. 10005
1 § 14. Paragraph 1 of subdivision (i) of section 1418 of the tax law,
2 as amended by chapter 92 of the laws of 2019, is amended to read as
3 follows:
4 (1) Notwithstanding the provisions of subdivision (a) of this section,
5 upon written request from the chairperson of the committee on ways and
6 means of the United States House of Representatives, the chairperson of
7 the committee on finance of the United States Senate, or the chairperson
8 of the joint committee on taxation of the United States Congress, the
9 commissioner shall furnish such committee with any current or prior year
10 returns filed specified in such request that were under this article by
11 the president of the United States, vice-president of the United States,
12 member of the United States Congress representing New York state, or any
13 person who served in or was employed by the executive branch of the
14 government of the United States on the executive staff of the president,
15 in the executive office of the president, or in an acting or confirmed
16 capacity in a position subject to confirmation by the United States
17 senate; or, in New York state: a statewide elected official, as defined
18 in [paragraph (a) of subdivision one of] section [seventy-three-a]
19 seventy-three of the public officers law; a state officer or employee,
20 as defined in [subparagraph (i) of paragraph (c) of subdivision one of
21 such] section seventy-three-a of the public officers law; a political
22 party chairperson, as defined in [paragraph (h) of subdivision one of
23 such] section [seventy-three-a] seventy-three of the public officers
24 law; a local elected official, as defined in subdivisions one and two of
25 section eight hundred ten of the general municipal law; a person
26 appointed, pursuant to law, to serve due to vacancy or otherwise in the
27 position of a local elected official, as defined in subdivisions one and
28 two of section eight hundred ten of the general municipal law; a member
29 of the state legislature; or a judge or justice of the unified court
30 system; or filed by a partnership, firm, association, corporation,
31 joint-stock company, trust or similar entity directly or indirectly
32 controlled by any individual listed in this paragraph, whether by
33 contract, through ownership or control of a majority interest in such
34 entity, or otherwise, or filed by a partnership, firm, association,
35 corporation, joint-stock company, trust or similar entity of which any
36 individual listed in this paragraph holds ten percent or more of the
37 voting securities of such entity; provided however that, prior to
38 furnishing any return, the commissioner shall redact any copy of a
39 federal return (or portion thereof) attached to, or any information on a
40 federal return that is reflected on, such return, and any social securi-
41 ty numbers, account numbers and residential address information.
42 § 15. Paragraph 1 of subdivision (h) of section 1518 of the tax law,
43 as amended by chapter 92 of the laws of 2019, is amended to read as
44 follows:
45 (1) Notwithstanding the provisions of subdivision (a) of this section,
46 upon written request from the chairperson of the committee on ways and
47 means of the United States House of Representatives, the chairperson of
48 the committee on finance of the United States Senate, or the chairperson
49 of the joint committee on taxation of the United States Congress, the
50 commissioner shall furnish such committee with any current or prior year
51 returns filed specified in such request that were under this article by
52 the president of the United States, vice-president of the United States,
53 member of the United States Congress representing New York state, or any
54 person who served in or was employed by the executive branch of the
55 government of the United States on the executive staff of the president,
56 in the executive office of the president, or in an acting or confirmed
S. 9005 103 A. 10005
1 capacity in a position subject to confirmation by the United States
2 senate; or, in New York state: a statewide elected official, as defined
3 in [paragraph (a) of subdivision one of] section [seventy-three-a]
4 seventy-three of the public officers law; a state officer or employee,
5 as defined in [subparagraph (i) of paragraph (c) of subdivision one of
6 such] section seventy-three-a of the public officers law; a political
7 party chairperson, as defined in [paragraph (h) of subdivision one of
8 such] section [seventy-three-a] seventy-three of the public officers
9 law; a local elected official, as defined in subdivisions one and two of
10 section eight hundred ten of the general municipal law; a person
11 appointed, pursuant to law, to serve due to vacancy or otherwise in the
12 position of a local elected official, as defined in subdivisions one and
13 two of section eight hundred ten of the general municipal law; a member
14 of the state legislature; or a judge or justice of the unified court
15 system, or filed by a partnership, firm, association, corporation,
16 joint-stock company, trust or similar entity directly or indirectly
17 controlled by any individual listed in this paragraph, whether by
18 contract, through ownership or control of a majority interest in such
19 entity, or otherwise, or filed by a partnership, firm, association,
20 corporation, joint-stock company, trust or similar entity of which any
21 individual listed in this paragraph holds ten percent or more of the
22 voting securities of such entity; provided however that, prior to
23 furnishing any return, the commissioner shall redact any copy of a
24 federal return (or portion thereof) attached to, or any information on a
25 federal return that is reflected on, such return, and any social securi-
26 ty numbers, account numbers and residential address information.
27 § 16. Paragraph 1 of subdivision (f) of section 1555 of the tax law,
28 as amended by chapter 92 of the laws of 2019, is amended to read as
29 follows:
30 (1) Notwithstanding the provisions of subdivision (a) of this section,
31 upon written request from the chairperson of the committee on ways and
32 means of the United States House of Representatives, the chairperson of
33 the committee on finance of the United States Senate, or the chairperson
34 of the joint committee on taxation of the United States Congress, the
35 commissioner shall furnish such committee with any current or prior year
36 returns filed specified in such request that were under this article by
37 the president of the United States, vice-president of the United States,
38 member of the United States Congress representing New York state, or any
39 person who served in or was employed by the executive branch of the
40 government of the United States on the executive staff of the president,
41 in the executive office of the president, or in an acting or confirmed
42 capacity in a position subject to confirmation by the United States
43 senate; or, in New York state: a statewide elected official, as defined
44 in [paragraph (a) of subdivision one of] section [seventy-three-a]
45 seventy-three of the public officers law; a state officer or employee,
46 as defined in [subparagraph (i) of paragraph (c) of subdivision one of
47 such] section seventy-three-a of the public officers law; a political
48 party chairperson, as defined in [paragraph (h) of subdivision one of
49 such] section [seventy-three-a] seventy-three of the public officers
50 law; a local elected official, as defined in subdivisions one and two of
51 section eight hundred ten of the general municipal law; a person
52 appointed, pursuant to law, to serve due to vacancy or otherwise in the
53 position of a local elected official, as defined in subdivisions one and
54 two of section eight hundred ten of the general municipal law; a member
55 of the state legislature; or a judge or justice of the unified court
56 system; or filed by a partnership, firm, association, corporation,
S. 9005 104 A. 10005
1 joint-stock company, trust or similar entity directly or indirectly
2 controlled by any individual listed in this paragraph, whether by
3 contract, through ownership or control of a majority interest in such
4 entity, or otherwise, or filed by a partnership, firm, association,
5 corporation, joint-stock company, trust or similar entity of which any
6 individual listed in this paragraph holds ten percent or more of the
7 voting securities of such entity; provided however that, prior to
8 furnishing any return, the commissioner shall redact any copy of a
9 federal return (or portion thereof) attached to, or any information on a
10 federal return that is reflected on, such return, and any social securi-
11 ty numbers, account numbers and residential address information.
12 § 17. Paragraph 1 of subdivision (m) of section 11-1797 of the admin-
13 istrative code of the city of New York, as amended by chapter 92 of the
14 laws of 2019, is amended to read as follows:
15 (1) Notwithstanding the provisions of subdivision (e) of this section,
16 upon written request from the chairperson of the committee on ways and
17 means of the United States House of Representatives, the chairperson of
18 the committee on finance of the United States Senate, or the chairperson
19 of the joint committee on taxation of the United States Congress, the
20 commissioner of taxation and finance shall furnish such committee with
21 any current or prior year returns specified in such request that were
22 filed under this article by the president of the United States, vice-
23 president of the United States, member of the United States Congress
24 representing New York state, or any person who served in or was employed
25 by the executive branch of the government of the United States on the
26 executive staff of the president, in the executive office of the presi-
27 dent, or in an acting or confirmed capacity in a position subject to
28 confirmation by the United States senate; or, in New York state: a
29 statewide elected official, as defined in [paragraph (a) of subdivision
30 one of] section [seventy-three-a] seventy-three of the public officers
31 law; a state officer or employee, as defined in [subparagraph (i) of
32 paragraph (c) of subdivision one of such] section seventy-three-a of the
33 public officers law; a political party chairperson, as defined in [para-
34 graph (h) of subdivision one of such] section [seventy-three-a] seven-
35 ty-three of the public officers law; a local elected official, as
36 defined in subdivisions one and two of section eight hundred ten of the
37 general municipal law; a person appointed, pursuant to law, to serve due
38 to vacancy or otherwise in the position of a local elected official, as
39 defined in subdivisions one and two of section eight hundred ten of the
40 general municipal law; a member of the state legislature; or a judge or
41 justice of the unified court system; provided however that, prior to
42 furnishing any return, the commissioner shall redact any copy of a
43 federal return (or portion thereof) attached to, or any information on a
44 federal return that is reflected on, such return, and any social securi-
45 ty numbers, account numbers and residential address information.
46 § 18. This act shall take effect on the first of January next succeed-
47 ing the date on which it shall have become a law. Effective immediate-
48 ly, the addition, amendment and/or repeal of any rule or regulation
49 necessary for the implementation of this act on its effective date are
50 authorized to be made and completed on or before such effective date.
51 PART W
52 Section 1. Subdivision 1 of section 151 of the workers' compensation
53 law, as added by section 22 of part GG of chapter 57 of the laws of
54 2013, is amended to read as follows:
S. 9005 105 A. 10005
1 1. The annual expenses necessary for the board to administer the
2 provisions of this chapter, the volunteer ambulance workers' benefit
3 law, the volunteer firefighters' benefit law, the disability benefits
4 law, and the workmen's compensation act for civil defense volunteers
5 shall be borne by affected employers securing compensation for their
6 employees pursuant to section fifty of this chapter. The board shall
7 collect such annual expenses from affected employers through assessments
8 as provided by the provisions of this section, including for purposes of
9 this subdivision: (a) the aggregate assessment amount described in
10 subparagraph four of paragraph (h) of subdivision eight of section
11 fifteen of this chapter for the special disability fund in accordance
12 with each financing agreement described in such subparagraph, (b) the
13 aggregate assessment amount described in section fifty-c of this chapter
14 for the self-insurer offset fund in accordance with each financing
15 agreement described in such section, (c) the assessment amount described
16 in subdivision three of section twenty-five-a of this chapter for the
17 fund for reopened cases [and], (d) the assessment amount described in
18 section two hundred fourteen of this chapter for the special fund for
19 disability benefits and (e) a sum sufficient as determined by the chair
20 to cover the establishment and maintenance of dedicated workers' compen-
21 sation fraud units within New York state district attorneys' offices;
22 provided, that the foregoing and any other provision of this chapter to
23 the contrary notwithstanding, assessment receipts shall be applied first
24 to fully fund the amount described in subparagraph four of paragraph (h)
25 of subdivision eight of section fifteen of this chapter and then to
26 fully fund the amount described in section fifty-c of this chapter in
27 accordance with each then applicable financing agreement pursuant to
28 such provisions prior to application to any other purpose other than to
29 pay any actual costs of collecting such assessment that are not other-
30 wise funded. For purposes of this section, affected employer means all
31 employers required to obtain workers' compensation coverage pursuant to
32 this chapter.
33 § 2. This act shall take effect immediately.
34 PART X
35 Section 1. Section 13-a of the workers' compensation law, as added by
36 chapter 258 of the laws of 1935, subdivision 1 as amended by chapter 363
37 of the laws of 1989, subdivision 2 as amended by chapter 113 of the laws
38 of 1946, subdivision 4 as amended by chapter 473 of the laws of 2000,
39 subdivisions 5 and 6 as amended by section 8 of part CC of chapter 55 of
40 the laws of 2019, and subdivision 7 as added by chapter 6 of the laws of
41 2007, is amended to read as follows:
42 § 13-a. Selection of authorized [physician] provider by employee. (1)
43 An injured employee may, when care is required, select to treat [him or
44 her] with any [physician] provider authorized by the chair to render
45 medical care or treatment, as hereafter provided. If for any reason
46 during the period when medical care or treatment [and care] is required,
47 the employee wishes to transfer [his or her] their medical care or
48 treatment [and care] to another authorized [physician] provider, [he or
49 she] they may do so, in accordance with rules prescribed by the chair.
50 In such instance the remuneration of the [physician] provider whose
51 services are being dispensed with shall be limited to the value of
52 treatment rendered at fees as established in the schedule for [his or
53 her] their location, unless payment in higher amounts has been approved
54 as authorized in [section thirteen, paragraph] subdivision a of section
S. 9005 106 A. 10005
1 thirteen of this article. If a claimant shall receive treatment in any
2 hospital or other institution operated in whole or in part by the state
3 of New York, the employer shall be liable for food, clothing and mainte-
4 nance furnished by the hospital or other institution to such employee.
5 If the employee is unable due to the nature of the injury to select such
6 authorized [physician] provider and the emergency nature of the injury
7 requires immediate medical treatment and care, or if [he or she does]
8 they do not desire to select a [physician] provider, and in writing so
9 advises the employer, the employer shall promptly provide [him or her]
10 the employee with the necessary medical care or treatment, provided
11 however, that nothing herein contained shall operate to prevent such
12 employee, when subsequently able to do so, from selecting for contin-
13 uance of any medical [treatment or] care or treatment required, any
14 [physician] provider authorized by the chair to render medical care or
15 treatment as hereinafter provided.
16 (2) The [chairman] chair shall prescribe the form of a notice inform-
17 ing employees of their privilege under this chapter, and such notice
18 shall be posted and maintained by the employer in a conspicuous place or
19 places in and about [his] their place or places of business.
20 (3) The employer shall have the right to transfer the care of an
21 injured employee from the attending physician, whether chosen originally
22 by the employee or by the employer, to another authorized physician (1)
23 if the interest of the injured employee necessitates the transfer or (2)
24 if the physician has not been authorized to treat injured employees
25 under this act or (3) if [he] the physician has not been authorized
26 under this act to treat the particular injury or condition as provided
27 by section thirteen-b (2). An authorized physician from whom the case
28 has been transferred shall have the right of appeal to an arbitration
29 committee as provided in subdivision two of section thirteen-g of this
30 article and if said arbitration committee finds that the transfer was
31 not authorized by this section, said employer shall pay to the physician
32 a sum equal to the total fee earned by the physician to whom the care of
33 the injured employee has been transferred, or such proportion of said
34 fee as the arbitration committee shall deem adequate.
35 (4) (a) No claim for medical or surgical treatment shall be valid and
36 enforceable, as against such employer, or employee, unless within
37 forty-eight hours following the first treatment the [physician] provider
38 giving such treatment furnishes to the employer and directly to the
39 chair a preliminary notice of such injury and treatment, within fifteen
40 days thereafter a more complete report and subsequent thereto progress
41 reports if requested in writing by the chair, board, employer or insur-
42 ance carrier at intervals of not less than three weeks apart or at less
43 frequent intervals if requested on forms prescribed by the chair. The
44 board may excuse failure to give such notices within the designated
45 periods when it finds it to be in the interest of justice to do so.
46 (b) Upon receipt of the notice provided for by paragraph (a) of this
47 subdivision, the employer, the carrier, and the claimant each shall be
48 entitled to have the claimant examined by a [physician] provider author-
49 ized by the chair to perform independent medical examinations in accord-
50 ance with sections thirteen-b and one hundred thirty-seven of this chap-
51 ter, at a medical facility convenient to the claimant and in the
52 presence of the claimant's [physician] provider, and refusal by the
53 claimant to submit to such independent medical examination at such time
54 or times as may reasonably be necessary in the opinion of the board,
55 shall bar the claimant from recovering compensation for any period
56 during which [he or she has] they have refused to submit to such exam-
S. 9005 107 A. 10005
1 ination. No hospital shall be required to produce the records of any
2 claimant without receiving its customary fees or charges for reprod-
3 uction of such records.
4 (c) Where it would place an unreasonable burden upon the employer or
5 carrier to arrange for, or for the claimant to attend, an independent
6 medical examination by an authorized [physician] provider, the employer
7 or carrier shall arrange for such examination to be performed by a qual-
8 ified [physician] provider in a medical facility convenient to the
9 claimant.
10 (d) The independent medical examiner shall provide such reports and
11 shall submit to investigation as required by the chair.
12 (e) In order to qualify as admissible medical evidence, for purposes
13 of adjudicating any claim under this chapter, any report submitted to
14 the board by an independent medical examiner licensed by the state of
15 New York shall include the following:
16 (i) a signed statement certifying that the report is a full and truth-
17 ful representation of the independent medical examiner's professional
18 opinion with respect to the claimant's condition:
19 (ii) such examiner's board issued authorization number;
20 (iii) the name of the individual or entity requesting the examination;
21 (iv) if applicable, the registration number as required by section
22 thirteen-n of this article; and
23 (v) such other information as the chair may require by regulation.
24 Any report by an independent medical examiner who is not authorized,
25 and who performs an independent medical examination in accordance with
26 paragraph (c) of this subdivision, which is to be used as medical
27 evidence under this chapter, shall include in the report such informa-
28 tion as the chair may require by regulation.
29 (5) No claim for specialist consultations, surgical operations,
30 physiotherapeutic or occupational therapy procedures, x-ray examinations
31 or special diagnostic laboratory tests costing more than one thousand
32 dollars shall be valid and enforceable, as against such employer, unless
33 such special services shall have been authorized by the employer or by
34 the board, or unless such authorization has been unreasonably withheld,
35 or withheld for a period of more than thirty calendar days from receipt
36 of a request for authorization, or unless such special services are
37 required in an emergency, provided, however, that the basis for a denial
38 of such authorization by the employer must be based on a conflicting
39 second opinion rendered by a physician authorized by the board. The
40 board, with the approval of the superintendent of financial services,
41 shall issue and maintain a list of pre-authorized procedures under this
42 section. Such list of pre-authorized procedures shall be issued and
43 maintained for the purpose of expediting authorization of treatment of
44 injured workers. Such list of pre-authorized procedures shall not
45 prohibit varied treatment when the treating provider demonstrates the
46 appropriateness and medical necessity of such treatment.
47 (6) (a) Any interference by any person with the selection by an
48 injured employee of an authorized [physician] provider to treat [him]
49 such employee, except when the selection is made pursuant to article
50 ten-A of this chapter, and the improper influencing or attempt by any
51 person improperly to influence the medical opinion of any [physician]
52 provider who has treated or examined an injured employee, shall be a
53 misdemeanor; provided, however, that it shall not constitute interfer-
54 ence or improper influence if, in the presence of such injured employ-
55 ee's [physician] provider, an employer, [his] carrier or agent should
56 recommend or provide information concerning rehabilitation services or
S. 9005 108 A. 10005
1 the availability thereof to an injured employee or [his] the employee's
2 family.
3 (b) Except as otherwise permitted by law, an employer, carrier, or
4 third-party administrator shall not interfere or attempt to interfere
5 with the selection by an injured employee of, or treatment by, an
6 authorized [medical] provider, including by directing or attempting to
7 direct that the injured employee seek treatment from a specific provider
8 or type of provider selected by the employer, carrier, or third-party
9 administrator. It shall not constitute improper interference under this
10 paragraph if the direction or attempt to direct the injured employee to
11 receive treatment from a specific provider or type of provider origi-
12 nates from the employee's authorized [medical] provider while in the
13 course of providing treatment to the injured employee.
14 (i) Notwithstanding any other provision in this chapter, the chair
15 shall by regulation establish a performance standard concerning the
16 subject of any penalty imposed under this paragraph against an employer,
17 carrier or third-party administrator. The performance standard estab-
18 lished by the chair shall be used to measure compliance with this para-
19 graph by employers, carriers and third-party administrators. The chair
20 shall apply the performance standard based on multiple factors, includ-
21 ing but not limited to, findings of improper interference submitted as
22 complaints to the board's monitoring unit, unreasonable objections to
23 medical care or treatment, unwarranted objections to variances, medical
24 billing disputes, case delays brought about by employers, carriers and
25 third-party administrators, and the unreasonable denial of medical care
26 or treatment.
27 (ii) Upon validating an allegation that the employer, carrier or
28 third-party administrator has failed to meet the promulgated performance
29 standard, a penalty shall be assessed by the board upon notice to the
30 employer, carrier or third-party administrator. The board shall impose
31 such penalty against the carrier, employer or third-party administrator
32 in the amount of fifty dollars per violation identified in subparagraph
33 (i) of this paragraph. The penalties for violations identified in
34 subparagraph (i) of this paragraph, may be aggregated into a single
35 penalty upon a finding that an employer, carrier or third-party adminis-
36 trator has interfered with an injured employee's necessary medical care
37 or treatment [and care]. Such aggregate penalty or assessment shall be
38 based upon the number of violations as multiplied against the applicable
39 penalty or assessment, but may be negotiated by the chair's designee in
40 full satisfaction of the penalty or assessment. Any aggregate penalty or
41 assessment issued under this paragraph shall be issued administratively,
42 and the chair shall, by regulation, specify the method of review or
43 redetermination, and the presentment of evidence and objections shall
44 occur solely upon the documentation. Any final determination shall be
45 subject to review under section twenty-three of this article but penal-
46 ties may not be subject to a stay. A final determination that an employ-
47 er, carrier or third-party administrator has engaged in a pattern of
48 interference with an injured worker's access to medically necessary
49 medical care or treatment shall result in the imposition of an aggregate
50 penalty and publication of notice of such finding on the board's web
51 page.
52 (7)(a) Notwithstanding any other provision of this chapter to the
53 contrary, any insurance carrier authorized to transact the business of
54 workers' compensation insurance in this state, self-insurer or the state
55 insurance fund may contract with a network or networks, legally and
56 properly organized, to perform diagnostic tests, x-ray examinations,
S. 9005 109 A. 10005
1 magnetic resonance imaging, or other radiological examinations or tests
2 of claimants and may require claimant to obtain or undergo such diagnos-
3 tic test, x-ray examinations, magnetic resonance imaging or other radio-
4 logical examinations or tests with a provider or at a facility that is
5 affiliated with the network or networks with which the carrier
6 contracts, except if a medical emergency occurs requiring an immediate
7 diagnostic test, x-ray examination, magnetic resonance imaging or other
8 radiological examination or test or if the network with which the insur-
9 ance carrier, self-insurer or the state insurance fund contracts does
10 not have a provider or facility able to perform the examination or test
11 within a reasonable distance from the claimant's residence or place of
12 employment, as defined by regulation of the board.
13 (b) Any insurance carrier, self-insurer or the state insurance fund
14 which requires claimants to obtain or undergo diagnostic tests, x-ray
15 examinations, magnetic resonance imaging or other radiological examina-
16 tions or tests with a provider or at a facility affiliated with a
17 network or networks with which it contracts, must notify the claimant of
18 the name and contact information for the network or networks at the same
19 time the written statement of the claimant's rights as required by
20 subdivision two of section one hundred ten of this chapter or immediate-
21 ly after imposing such requirement if the time period within which the
22 written statement of the claimant's rights as required by subdivision
23 two of section one hundred ten of this chapter has expired.
24 (c) At the time a request for authorization for special diagnostic
25 tests, x-ray examinations, magnetic resonance imaging or other radiolog-
26 ical examinations or tests costing more than one thousand dollars as
27 required by subdivision five of this section is approved, the insurance
28 carrier, self-insurer or state insurance fund, or if so delegated the
29 network with which the insurance carrier, self-insurer or state insur-
30 ance fund has contracted, shall notify the [physician] provider request-
31 ing authorization of the requirement that the claimant obtain or undergo
32 the special diagnostic test, x-ray examination, magnetic resonance imag-
33 ing or other radiological examination or test with a provider or at a
34 facility affiliated with the network or networks with which it has
35 contracted, the contact information for the network and a list of the
36 providers and facilities within the claimant's geographic location, as
37 defined by regulation of the board. The claimant, in consultation with
38 the provider who requested the special diagnostic test, x-ray examina-
39 tion, magnetic resonance imaging or other radiological test or exam,
40 will determine the provider or facility from within the network which
41 will perform such diagnostic test, x-ray examination, magnetic resonance
42 imaging or other radiological examination or test.
43 (d) The results of the special diagnostic test, x-ray examination,
44 magnetic resonance imaging or other radiological test or exam must be
45 sent to the [physician] provider who requested the test or exam imme-
46 diately upon completion of the report detailing the results.
47 § 2. Section 13-b of the workers' compensation law, as amended by
48 section 1 of part CC of chapter 55 of the laws of 2019, paragraphs (p)
49 and (q) of subdivision 1 and paragraph (b-1) of subdivision 2 as added
50 by chapter 335 of the laws of 2024, and paragraph (b-2) of subdivision 2
51 as added by section 1 of part AA of chapter 55 of the laws of 2025, is
52 amended to read as follows:
53 § 13-b. Authorization of providers, medical bureaus and laboratories
54 by the chair. 1. [No person shall render medical care or conduct inde-
55 pendent medical examinations under this chapter without such authori-
56 zation by the chair.] Any provider as defined in paragraph (m) of this
S. 9005 110 A. 10005
1 subdivision shall be authorized to render medical care or treatment
2 under this chapter. Independent medical examinations may only be
3 performed by a physician, podiatrist, chiropractor, or psychologist
4 authorized to perform such examinations by the chair, or as specified in
5 regulations. No provider may conduct independent medical examinations
6 unless performed in accordance with paragraph (b) of subdivision four
7 of section thirteen-a and section one hundred thirty-seven of this chap-
8 ter. As used in this [title] article, the following definitions shall
9 have the following meanings unless their context requires otherwise:
10 (a) "Acupuncturist" shall mean licensed as having completed a formal
11 course of study and having passed an examination in accordance with the
12 education law, the regulations of the commissioner of education, and the
13 requirements of the board of regents. Acupuncturists are required by the
14 education law to advise, in writing, each patient of the importance of
15 consulting with a physician for the condition or conditions necessitat-
16 ing acupuncture care, as prescribed by the education law.
17 (b) "Chair" of the board shall mean either the chair or the chair's
18 designee.
19 (c) "Chiropractor" shall mean licensed and having completed two years
20 of preprofessional college study and a four-year resident program in
21 chiropractic in accordance with the education law, and consistent with
22 the licensing requirements of the commissioner of education.
23 (d) "Dentist" shall mean licensed and having completed a four-year
24 course of study leading to a D.D.S. or D.D.M. degree, or an equivalent
25 degree, in accordance with the education law and the licensing require-
26 ments of the commissioner of education.
27 (e) "Employer" shall mean a self-insured employer or, if insured, the
28 insurance carrier.
29 (f) "Independent medical examination" shall mean an examination
30 performed by a physician, podiatrist, chiropractor or psychologist,
31 authorized under this section to perform such examination, for the
32 purpose of examining or evaluating injury or illness [pursuant to] in
33 accordance with paragraph (b) of subdivision four of section thirteen-a
34 and section one hundred thirty-seven of this chapter and as more fully
35 set forth in regulation.
36 (g) "Nurse practitioner" shall mean a licensed registered professional
37 nurse certified pursuant to section sixty-nine hundred ten of the educa-
38 tion law acting within their lawful scope of practice.
39 (h) "Occupational therapist" shall mean licensed as having at least a
40 bachelor's or master's degree in occupational therapy from a registered
41 program with the education department or receipt of a diploma or degree
42 resulting from completion of not less than four years of postsecondary
43 study, which includes the professional study of occupational therapy in
44 accordance with the education law and the regulations of the commission-
45 er of education.
46 (i) "Physical therapist" shall mean licensed in accordance with the
47 education law and the licensing requirements of the commissioner of
48 education.
49 (j) "Physician" shall mean licensed with a degree of doctor of medi-
50 cine, M.D., or doctor of osteopathic medicine, D.O., or an equivalent
51 degree in accordance with the education law and the licensing require-
52 ments of the state board of medicine and the regulations of the commis-
53 sioner of education.
54 (k) "Physician assistant" shall mean a licensed provider who is
55 licensed as a physician assistant pursuant to section sixty-five hundred
56 forty-one of the education law.
S. 9005 111 A. 10005
1 (l) "Podiatrist" shall mean a doctor of podiatric medicine licensed as
2 having received a doctoral degree in podiatric medicine in accordance
3 with the regulations of the commissioner of education and the education
4 law, and must satisfactorily meet all other requirements of the state
5 board for podiatric medicine.
6 (m) ["Provider"] "Authorized provider" or "provider" shall mean a duly
7 licensed acupuncturist, chiropractor, nurse practitioner, occupational
8 therapist, physical therapist, physician, physician assistant, podia-
9 trist, psychologist, or social worker [authorized by the chair] as
10 defined in this section who is not currently on the exclusion list
11 pursuant to section thirteen-d of this article.
12 (n) "Psychologist" shall mean licensed as having received a doctoral
13 degree in psychology from a program of psychology registered with the
14 state education department or the substantial equivalent thereof in
15 accordance with the education law, the requirements of the state board
16 for psychology, and the regulations of the commissioner of education.
17 (o) "Social worker" shall mean a licensed clinical social worker. A
18 licensed clinical social worker has completed a master's degree of
19 social work that includes completion of a core curriculum of at least
20 twelve credit hours of clinical courses or the equivalent post-graduate
21 clinical coursework, in accordance with the education law and the regu-
22 lations of the commissioner of education.
23 (p) "Physical therapist assistant" shall mean licensed in accordance
24 with the education law and the licensing requirements of the commission-
25 er of education.
26 (q) "Occupational therapy assistant" shall mean licensed in accordance
27 with the education law and the licensing requirements of the commission-
28 er of education.
29 (r) "Exclusion list" shall mean the list published and maintained by
30 the chair in accordance with section thirteen-d of this article
31 listing providers who are currently disqualified from rendering care
32 or from performing independent medical examinations under this chapter.
33 2. Any provider [licensed pursuant to the education law to provide
34 medical care and treatment in the state of New York may render emergency
35 care and treatment in an emergency hospital or urgent care setting
36 providing emergency treatment under this chapter without authorization
37 by the chair under this section;] rendering medical care or treatment
38 under this chapter must comply with all applicable laws, regulations and
39 guidance, including any applicable New York Medical Treatment Guidelines
40 and the Official New York Medical Fee Schedule(s).
41 (a) Such [licensed] provider as identified in this subdivision who is
42 on staff at any hospital or urgent care center providing emergency
43 treatment may continue such medical care or treatment under this chapter
44 while an injured employee remains a patient in such hospital or urgent
45 care setting[; and].
46 (b) Under the direct supervision of an authorized provider, medical
47 care may be rendered by a registered nurse or other person trained in
48 laboratory or diagnostic techniques within the scope of such person's
49 specialized training and qualifications. This supervision shall be
50 evidenced by signed records of instructions for treatment and signed
51 records of the patient's condition and progress. Reports of such treat-
52 ment and supervision shall be made by such provider to the chair in the
53 format prescribed by the chair at such times as the chair may require.
54 (b-1) Under the direction and supervision of an authorized occupa-
55 tional therapist, occupational therapy services may be rendered by an
56 occupational therapy assistant. Under the direction and supervision of
S. 9005 112 A. 10005
1 an authorized physical therapist, physical therapy services may be
2 rendered by a physical therapist assistant. Where any such care or
3 treatment is rendered, records of the patient's condition and progress,
4 together with records of instruction for treatment, if any, shall be
5 maintained by the physical therapist or occupational therapist and by
6 the referring physician, physician assistant, podiatrist, or nurse prac-
7 titioner. Said records shall be submitted to the chair on forms and at
8 such times as the chair may require.
9 (b-2) Under the supervision of any authorized provider, any resident
10 or fellow who may practice medicine as an exempt person as provided for
11 in title eight of the education law, may render medical care or treat-
12 ment under this chapter so long as the supervisory requirements of the
13 education law are met and neither the supervising provider nor resident
14 or fellow have been prohibited from treating workers' compensation
15 claimants pursuant to section thirteen-d of this article.
16 (c) Where it would place an unreasonable burden upon the employer or
17 carrier to arrange for, or for the claimant to attend, an independent
18 medical examination by [an authorized] a provider[,] authorized to
19 perform independent medical examinations in accordance with paragraph
20 (b) of subdivision four of section thirteen-a of this article and
21 section one hundred thirty-seven of this chapter, the employer or carri-
22 er shall arrange for such examination to be performed by a qualified
23 provider in a medical facility convenient to the claimant.
24 (d) Upon the prescription or referral of [an authorized] a physician,
25 physician assistant, podiatrist, or nurse practitioner who is not
26 currently on the exclusion list pursuant to section thirteen-d of this
27 article acting within the scope of [his or her] their practice, medical
28 care or treatment may be rendered to an injured employee by [an author-
29 ized] a physical therapist, occupational therapist or acupuncturist who
30 is not currently on the exclusion list pursuant to section thirteen-d of
31 this article provided the conditions and the treatment performed are
32 among the conditions that the physical therapist, occupational therapist
33 or acupuncturist is authorized to treat pursuant to the education law or
34 the regulations of the commissioner of education. Where any such medical
35 care or treatment is rendered, records of the patient's condition and
36 progress, together with records of instruction for treatment, if any,
37 shall be maintained by the physical therapist, occupational therapist or
38 acupuncturist rendering treatment and by the referring physician, physi-
39 cian assistant, podiatrist, or nurse practitioner. Said records shall be
40 submitted to the chair on forms and at such times as the chair may
41 require.
42 (e) A record, report or opinion of a physical therapist, occupational
43 therapist, acupuncturist or physician assistant shall not be considered
44 as evidence of the causal relationship of any condition to a work
45 related accident or occupational disease under this chapter. Nor may a
46 record, report or opinion of a physical therapist, occupational thera-
47 pist or acupuncturist be considered evidence of disability. Nor may a
48 record, report or opinion of a physician assistant be considered
49 evidence of the presence of a permanent or initial disability or the
50 degree thereof.
51 (f) An independent medical examination performed in accordance with
52 section one hundred thirty-seven of this chapter, may only be performed
53 by a physician, podiatrist, chiropractor or psychologist authorized to
54 perform such examinations by the chair, or as specified in regulation,
55 when qualified by the board.
S. 9005 113 A. 10005
1 3. [A provider] In order to perform independent medical examinations
2 in accordance with paragraph (b) of subdivision four of section thir-
3 teen-a and section one hundred thirty-seven of this chapter, a physi-
4 cian, podiatrist, chiropractor, or psychologist properly licensed or
5 certified pursuant to the regulations of the commissioner of education
6 and the requirements of the education law [desirous of being authorized
7 to render medical care under this chapter and/or to conduct independent
8 medical examinations in accordance with paragraph (b) of subdivision
9 four of section thirteen-a and section one hundred thirty-seven of this
10 chapter] shall file an application for authorization under this chapter
11 with the chair or chair's designee in the format prescribed by the
12 chair. [Prior to receiving authorization, a physician must, together
13 with submission of an application to the chair, submit such application
14 to the medical society of the county in which the physician's office is
15 located or of a board designated by such county society or of a board
16 representing duly licensed physicians of any other school of medical
17 practice in such county, and such medical society shall submit the
18 recommendation to the board. In the event such county society or board
19 fails to take action upon a physician's completed and signed application
20 within forty-five days, the chair may complete review of the application
21 without such approval. Upon approval of the application by the chair or
22 the chair's designee, the applicant shall further agree to refrain from
23 subsequently treating for remuneration, as a private patient, any person
24 seeking medical treatment, or submitting to an independent medical exam-
25 ination, in connection with, or as a result of, any injury compensable
26 under this chapter, if he or she has been removed from the list of
27 providers authorized to render medical care or to conduct independent
28 medical examinations under this chapter, or if the person seeking such
29 treatment, or submitting to an independent medical examination, has been
30 transferred from his or her care in accordance with the provisions of
31 this chapter. This agreement shall run to the benefit of the injured
32 person so treated or examined, and shall be available to him or her as a
33 defense in any action by such provider for payment for treatment
34 rendered by a provider after he or she has been removed from the list of
35 providers authorized to render medical care or to conduct independent
36 medical examinations under this chapter, or after the injured person was
37 transferred from his or her care in accordance with the provisions of
38 this chapter.]
39 4. Laboratories and bureaus engaged in x-ray diagnosis or treatment or
40 in physiotherapy or other therapeutic procedures and which participate
41 in the diagnosis or treatment of injured workers under this chapter
42 shall be operated or supervised by providers authorized under this chap-
43 ter and shall be subject to the provisions of section thirteen-c of this
44 article. The person in charge of diagnostic clinical laboratories duly
45 authorized under this chapter shall possess the qualifications estab-
46 lished by the public health and health planning council for approval by
47 the state commissioner of health or, in the city of New York, the quali-
48 fications approved by the board of health of said city and shall main-
49 tain the standards of work required for such approval.
50 § 3. Section 13-d of the workers' compensation law, as amended by
51 section 2 of part CC of chapter 55 of the laws of 2019, is amended to
52 read as follows:
53 § 13-d. [Removal of providers from lists of those authorized to render
54 medical care or to conduct independent medical examinations] Placement
55 of providers on the exclusion list. 1. [The medical society of the coun-
56 ty in which the physician's office is located at the time or a board
S. 9005 114 A. 10005
1 designated by such county society or a board representing duly licensed
2 physicians of any other school of medical practice in such county shall
3 investigate, hear and make findings with respect to all charges as to
4 professional or other misconduct of any authorized physician as herein
5 provided under rules and procedure to be prescribed by the medical
6 appeals unit, and shall report evidence of such misconduct, with their
7 findings and recommendation with respect thereto, to the chair. Failure
8 to commence such investigation within sixty days from the date the
9 charges are referred to the society by the chair or submit findings and
10 recommendations relating to the charges within one hundred eighty days
11 from the date the charges are referred shall empower the chair to
12 appoint, as a hearing officer, a member of the board, employee, or other
13 qualified hearing officer to hear and report on the charges to the
14 chair. A qualified hearing officer, who is neither a member of the
15 board, or employee thereof shall be paid at a reasonable per diem rate
16 to be fixed by the chair.
17 Such investigation, hearing, findings, recommendation and report may
18 be made by the society or board of an adjoining county upon the request
19 of the medical society of the county in which the alleged misconduct or
20 infraction of this chapter occurred, subject to the time limit and
21 conditions set forth herein. The medical appeals unit shall review the
22 findings and recommendation of such medical society or board, or hearing
23 officer appointed by the chair upon application of the accused physician
24 and may reopen the matter and receive further evidence. The findings,
25 decision and recommendation of such society, board or hearing officer
26 appointed by the chair or medical appeals unit shall be advisory to the
27 chair only, and shall not be binding or conclusive upon him or her.] In
28 accordance with this section, the chair shall publish and maintain an
29 exclusion list of providers currently disqualified from rendering
30 medical care or treatment under this chapter or disqualified from
31 conducting independent medical examinations in accordance with paragraph
32 (b) of subdivision four of section thirteen-a and section one hundred
33 thirty-seven of this article.
34 2. [The chair shall remove from the list of providers authorized to
35 render medical care under this chapter, or to conduct independent
36 medical examinations in accordance with paragraph (b) of subdivision
37 four of section thirteen-a of this article,] The exclusion list shall
38 include the name of any provider who [he or she shall find] is found
39 after reasonable investigation [is] to be disqualified because such
40 provider:
41 (a) has been guilty of professional or other misconduct or incompeten-
42 cy in connection with rendering medical services under the law; or
43 (b) has exceeded the limits of [his or her] their professional compe-
44 tence in rendering medical care or treatment or in conducting independ-
45 ent medical examinations under the law, or has, as applicable, made
46 materially false statements regarding [his or her] their qualifications
47 in [his or her] their application [for the recommendation of the medical
48 society or board as provided in section thirteen-b of this article]; or
49 (c) has failed to transmit copies of medical reports to claimant's
50 attorney or licensed representative as provided in subdivision (f) of
51 section thirteen of this article; or has failed to submit full and
52 truthful medical reports of all [his or her] their findings to the
53 employer, and directly to the chair or the board within the time limits
54 provided in subdivision four of section thirteen-a of this article with
55 the exception of injuries which do not require (1) more than ordinary
56 first aid or more than two treatments by a provider or person rendering
S. 9005 115 A. 10005
1 first aid, or (2) loss of time from regular duties of one day beyond the
2 working day or shift; or
3 (d) knowingly made a false statement or representation as to a materi-
4 al fact in any medical report, or in any submission to the board, made
5 pursuant to this chapter or in testifying or otherwise providing infor-
6 mation for the purposes of this chapter; or
7 (e) has solicited, or has employed another to solicit for [himself or
8 herself] either the provider's own benefit themself or for another,
9 professional treatment, examination or care of an injured employee in
10 connection with any claim under this chapter; or
11 (f) has refused to appear before, to testify, to submit to a deposi-
12 tion, or to answer upon request of, the chair, board, [medical appeals
13 unit] or any duly authorized officer of the state, any legal question,
14 or to produce any relevant book or paper concerning [his or her] their
15 conduct [under any authorization granted to him or her] in rendering
16 medical care or treatment or in the performance of an independent
17 medical examination under this chapter, including when a provider has
18 accepted payments from both the health insurer and employer or carrier
19 and failed to reimburse the health insurer after they are given notice;
20 or
21 (g) has directly or indirectly requested, received or participated in
22 the division, transference, assignment, rebating, splitting or refunding
23 of a fee for, or has directly or indirectly requested, received or prof-
24 ited by means of a credit or other valuable consideration as a commis-
25 sion, discount or gratuity in connection with the furnishing of medical
26 or surgical care, an independent medical examination, diagnosis or
27 treatment or service, including X-ray examination and treatment, or for
28 or in connection with the sale, rental, supplying or furnishing of clin-
29 ical laboratory services or supplies, X-ray laboratory services or
30 supplies, inhalation therapy service or equipment, ambulance service,
31 hospital or medical supplies, physiotherapy or other therapeutic service
32 or equipment, artificial limbs, teeth or eyes, orthopedic or surgical
33 appliances or supplies, optical appliances, supplies or equipment,
34 devices for aid of hearing, drugs, medication or medical supplies, or
35 any other goods, services or supplies prescribed for medical diagnosis,
36 care or treatment, under this chapter; except that reasonable payment,
37 not exceeding the technical component fee permitted in the medical fee
38 schedule, established under this chapter for X-ray examinations, diagno-
39 sis or treatment, may be made by a provider duly authorized as a roent-
40 genologist to any hospital furnishing facilities and equipment for such
41 examination, diagnosis or treatment, provided such hospital does not
42 also submit a charge for the same services. Nothing contained in this
43 paragraph shall prohibit such providers who practice as partners, in
44 groups or as a professional corporation or as a university faculty prac-
45 tice corporation from pooling fees and moneys received, either by the
46 partnership, professional corporation, university faculty practice
47 corporation or group by the individual members thereof, for professional
48 services furnished by any individual professional member, or employee of
49 such partnership, corporation or group, nor shall the professionals
50 constituting the partnerships, corporations, or groups be prohibited
51 from sharing, dividing or apportioning the fees and moneys received by
52 them or by the partnership, corporation or group in accordance with a
53 partnership or other agreement[.]; or
54 (h) has demonstrated a repeated failure to follow the laws of this
55 chapter and applicable laws, regulations, and guidance, including any
S. 9005 116 A. 10005
1 applicable New York medical treatment guidelines and the official New
2 York medical fee schedule(s); or
3 (i) has misrepresented their credentials; or
4 (j) has failed to timely complete any trainings required by the chair;
5 or
6 (k) had previously lost the privilege to treat injured workers by
7 being suspended, removed, denied authorization, or by voluntarily
8 resigning their authorization under this chapter prior to January first,
9 two thousand twenty-eight, and whose authorization had not been restored
10 prior to January first, two thousand twenty-eight.
11 3. Any person who violates or attempts to violate, and any person who
12 aids another to violate or attempts to induce [him or her] them to
13 violate the provisions of paragraph (g) of subdivision two of this
14 section shall be guilty of a misdemeanor.
15 4. Nothing in this section shall be construed as limiting in any
16 respect the power or duty of the chair to investigate instances of
17 misconduct, either before or after investigation by a medical society or
18 board as herein provided, or to [temporarily suspend the authorization
19 of] add any provider to the exclusion list that [he or she] the chair or
20 the chair's designee may believe to be guilty of such misconduct.
21 5. Whenever the department of health or the department of education
22 shall conduct an investigation with respect to charges of professional
23 or other misconduct by a provider which results in a report, determi-
24 nation or consent order that includes a finding of professional or other
25 misconduct or incompetency by such provider, the chair shall have full
26 power and authority to [temporarily suspend, revoke or otherwise limit
27 the authorization under this chapter of] add any provider to the exclu-
28 sion list upon such finding by the department of health or the depart-
29 ment of education that the provider has been guilty of professional or
30 other misconduct. The recommendations of the department of health or the
31 department of education shall be advisory to the chair only and shall
32 not be binding or conclusive upon the chair.
33 6. The chair may promulgate regulations to effectuate the publication
34 and maintenance of the exclusion list. Providers on the exclusion list
35 may petition the board to be taken off the exclusion list in a format
36 prescribed by the chair.
37 § 4. Section 13-f of the workers' compensation law, as amended by
38 chapter 113 of the laws of 1946, subdivision 1 as amended by chapter 353
39 of the laws of 1990, subdivision 2 as amended by chapter 539 of the laws
40 of 1964, is amended to read as follows:
41 § 13-f. Payment of medical fees. (1) Fees for medical services shall
42 be payable only to a [physician or other qualified person] provider
43 permitted by [sections] section thirteen-b[, thirteen-k, thirteen-l and
44 thirteen-m] of this [chapter] article or other authorized provider of
45 health care under the education law or the public health law permitted
46 to render medical care or treatment under this chapter, or to the agent,
47 executor or administrator of the estate of such [physician] provider or
48 such other qualified person. Except as provided in section thirteen-d
49 of this [chapter] article, no provider of health care rendering medical
50 care or treatment to a compensation claimant, shall collect or receive a
51 fee from such claimant within this state, but shall have recourse for
52 payment of services rendered only to the employer under the provisions
53 of this chapter. Any compensation claimant who pays a fee to a provider
54 of health care for medical care or treatment under this chapter shall
55 have a cause of action against such provider of health care for the
56 recovery of the money paid, which cause of action may be assigned to the
S. 9005 117 A. 10005
1 chair in trust for the assigning claimant. All such assignments shall
2 run to the chair. The chair may sue the physician, or other authorized
3 provider of health care as herein described on the assigned cause of
4 action with the benefits and subject to the provisions of existing law
5 applying to such actions by the claimant [himself or herself]. Hospi-
6 tals shall not be entitled to receive the remuneration paid to [physi-
7 cians] providers on their staff for medical and surgical services.
8 (2) Whenever [his] their attendance at a hearing is required, the
9 [physician] provider of the injured employee shall be entitled to
10 receive a fee from the employer, or carrier, in an amount to be fixed by
11 the board in addition to any fee payable under section eight thousand
12 one of the civil practice law and rules.
13 § 5. Section 13-k of the workers' compensation law is REPEALED.
14 § 6. Section 13-l of the workers' compensation law is REPEALED.
15 § 7. Section 13-m of the workers' compensation law is REPEALED.
16 § 8. Subdivision 1 of section 13-n of the workers' compensation law,
17 as added by chapter 473 of the laws of 2000, is amended to read as
18 follows:
19 1. Any entity which derives income from independent medical examina-
20 tions performed in accordance with subdivision four of section thir-
21 teen-a[, subdivision three of section thirteen-k, subdivision three of
22 section thirteen-1 and subdivision four of section thirteen-m] of this
23 article and section one hundred thirty-seven of this chapter, whether by
24 employing or contracting with independent examiners to conduct such
25 independent medical examinations or by acting as a referral service or
26 otherwise facilitating such examinations, shall register with the chair
27 by filing a statement of registration containing such information
28 prescribed by the chair in regulation. A fee may be imposed in accord-
29 ance with regulations promulgated by the chair. Any such fees collected
30 shall be used for the purpose of administering this section.
31 § 9. Section 141 of the workers' compensation law, as amended by chap-
32 ter 6 of the laws of 2007, is amended to read as follows:
33 § 141. General powers and duties of the chair. The chair shall be the
34 administrative head of the workers' compensation board and shall exer-
35 cise the powers and perform the duties in relation to the administration
36 of this chapter heretofore vested in the commissioner of labor by chap-
37 ter fifty of the laws of nineteen hundred twenty-one, and acts amendato-
38 ry thereof, and by this chapter excepting article six thereof, and
39 except in so far as such powers and duties are vested by this chapter in
40 the workers' compensation board. The chair shall preside at all meetings
41 of the board and shall appoint all committees and panels of the board;
42 shall designate the times and places for the hearing of claims under
43 this chapter and shall perform all administrative functions of the board
44 as in this chapter set forth. The chair, in the name of the board, shall
45 enforce all the provisions of this chapter, and may make administrative
46 regulations and orders providing for the receipt, indexing and examining
47 of all notices, claims and reports, for the giving of notice of hearings
48 and of decisions, for certifying of records, for the fixing of the times
49 and places for the hearing of claims, and for providing for the conduct
50 of hearings and establishing of calendar practice to the extent not
51 inconsistent with the rules of the board. The chair shall issue and may
52 revoke certificates of authorization of physicians, chiropractors [and],
53 podiatrists [as provided in sections thirteen-a, thirteen-k and thir-
54 teen-1 of this chapter, and licenses for medical bureaus and x-ray and
55 other laboratories under the provisions of section thirteen-c of this
56 chapter], and psychologists to perform independent medical examinations
S. 9005 118 A. 10005
1 in accordance with paragraph (b) of subdivision four of section thir-
2 teen-a and section one hundred thirty-seven of this chapter, and
3 licenses for medical bureaus and x-ray and other laboratories under the
4 provisions of section thirteen-c of this chapter, shall publish and
5 maintain an exclusion list, in accordance with section thirteen-d of
6 this chapter, for providers as defined in section thirteen-b of this
7 chapter currently disqualified from providing medical care or from
8 performing independent medical examinations in accordance with paragraph
9 (b) of subdivision four of section thirteen-a and section one hundred
10 thirty-seven of this chapter, may develop and require trainings for
11 providers as defined in section thirteen-b of this chapter, issue stop
12 work orders as provided in section one hundred forty-one-a of this arti-
13 cle, and shall have and exercise all powers not otherwise provided for
14 herein in relation to the administration of this chapter heretofore
15 expressly conferred upon the commissioner of labor by any of the
16 provisions of this chapter, or of the labor law. The chair, on behalf of
17 the workers' compensation board, shall enter into the agreement provided
18 for in section one hundred seventy-one-h of the tax law, and shall take
19 such other actions as may be necessary to carry out the agreement
20 provided for in such section for matching beneficiary records of work-
21 ers' compensation with information provided by employers to the state
22 directory of new hires for the purposes of verifying eligibility for
23 such benefits and for administering workers' compensation.
24 § 10. Subdivision 5 of section 220 of the workers' compensation law,
25 as amended by section 18 of part SS of chapter 54 of the laws of 2016,
26 is amended to read as follows:
27 5. In addition to other penalties herein provided, the chair or desig-
28 nee shall [remove from the list of physicians authorized to render
29 medical care under the provisions of articles one to eight, inclusive,
30 of this chapter and from the list of podiatrists authorized to render
31 podiatric care under section thirteen-k of this chapter, and from the
32 list of chiropractors authorized to render chiropractic care under
33 section thirteen-l of this chapter] place on the exclusion list pursuant
34 to section thirteen-d of this chapter the name of any physician or
35 podiatrist or chiropractor whom the chair or designee, pursuant to
36 section two hundred twenty-one of this article, shall find, after
37 reasonable investigation, has submitted to the employer or carrier or
38 chair in connection with any claim for disability benefits under this
39 article, a statement of disability that is not truthful and complete.
40 § 11. Section 232 of the workers' compensation law, as amended by
41 section 27 of part SS of chapter 54 of the laws of 2016, is amended to
42 read as follows:
43 § 232. Fees for testimony of physicians, podiatrists, chiropractors,
44 dentists, psychologists and health care providers. Whenever [his or her]
45 their attendance at a hearing, deposition or arbitration before the
46 board or the chair's designee, pursuant to section two hundred twenty-
47 one of this article, is required, the attending physician or attending
48 podiatrist or attending chiropractor or attending dentist or attending
49 psychologist or attending certified nurse midwife of the disabled
50 employee, [except such physicians as are disqualified from testifying
51 pursuant to subdivision one of section thirteen-b, or section nineteen-a
52 of this chapter, and except such podiatrists as are disqualified from
53 testifying under the provisions of section thirteen-k, and except such
54 chiropractors as are disqualified from testifying under the provisions
55 of section thirteen-l, and except such psychologists as are disqualified
56 from testifying under the provisions of section thirteen-m,] or health
S. 9005 119 A. 10005
1 care provider shall be entitled to receive a fee in accordance with
2 regulations of the chair.
3 § 12. This act shall take effect January 1, 2028.
4 PART Y
5 Section 1. Subparagraph (i) of paragraph (a) of subdivision 2 of
6 section 112 of the state finance law, as amended by chapter 17 of the
7 laws of 2023, is amended to read as follows:
8 (i) Before any contract: (1) made for or by any state agency, depart-
9 ment, board, officer, commission, or institution, except the office of
10 general services or its customer agencies serviced by the office of
11 general services business services center, shall be executed or become
12 effective, whenever such contract exceeds [fifty] three hundred thousand
13 dollars in amount, it shall first be approved by the office of the comp-
14 troller and filed in [his or her] such comptroller's office; (2) made
15 for or by the office of general services, whether for itself or for its
16 customer agencies serviced by the office of general services business
17 services center, shall be executed or become effective, whenever such
18 contract exceeds [eighty-five] three hundred thousand dollars in amount,
19 it shall first be approved by the comptroller and filed in [his or her]
20 such comptroller's office; or (3) established as a centralized contract
21 through the office of general services shall be executed or become
22 effective, whenever such contract exceeds [one] three hundred [twenty-
23 five] thousand dollars in amount, it shall first be approved by the
24 comptroller and filed in [his or her] such comptroller's office;
25 provided, however, [before] any purchase order or other procurement
26 transaction issued under such centralized contract[, which exceeds two
27 hundred thousand dollars in amount shall be executed or become effec-
28 tive, it] shall [first] not need to be approved by the comptroller [and
29 filed in his or her office]. Provided, further, however, that with the
30 exception of contracts identified in subparagraph (ii) of this paragraph
31 the comptroller shall make a final written determination with respect to
32 approval of such contract within ninety days of the submission of such
33 contract to [his or her] such comptroller's office unless the comp-
34 troller shall notify, in writing, the state agency, department, board,
35 officer, commission, or institution, prior to the expiration of the
36 ninety day period, and for good cause, of the need for an extension of
37 not more than fifteen days, or a reasonable period of time agreed to by
38 such state agency, department, board, officer, commission, or institu-
39 tion and provided, further, that such written determination or extension
40 shall be made part of the procurement record pursuant to paragraph f of
41 subdivision one of section one hundred sixty-three of this chapter.
42 § 2. Subdivision 6 of section 163 of the state finance law, as amended
43 by chapter 110 of the laws of 2024, paragraph (d) as amended by section
44 1 of part MM of chapter 58 of the laws of 2025, is amended to read as
45 follows:
46 6. Discretionary buying thresholds. Pursuant to guidelines established
47 by the state procurement council:
48 (a) the commissioner may purchase services and commodities for the
49 office of general services or its customer agencies serviced by the
50 office of general services business services center in an amount not
51 exceeding [eighty-five] three hundred thousand dollars without a formal
52 competitive process;
S. 9005 120 A. 10005
1 (b) state agencies may purchase services and commodities in an amount
2 not exceeding [fifty] three hundred thousand dollars without a formal
3 competitive process;
4 (c) state agencies may purchase commodities or services from small
5 business concerns, or commodities or technology that are recycled or
6 remanufactured in an amount not exceeding five hundred thousand dollars
7 without a formal competitive process;
8 (d) state agencies may purchase commodities or services from those
9 certified pursuant to article fifteen-A of the executive law and article
10 three of the veterans' services law in an amount not exceeding one
11 million five hundred thousand dollars without a formal competitive proc-
12 ess; and
13 (e) state agencies may purchase commodities that are food, including
14 milk and milk products, or animal or plant fiber products, grown,
15 produced, harvested, or processed in New York state or textile products
16 manufactured from animal or plant fiber grown or produced predominantly
17 in New York state in an amount not to exceed [two] three hundred thou-
18 sand dollars without a formal competitive process.
19 § 3. Subdivision 6-a of section 163 of the state finance law, as
20 amended by chapter 257 of the laws of 2021, is amended to read as
21 follows:
22 6-a. Discretionary purchases. Notwithstanding the provisions of subdi-
23 vision two of section one hundred twelve of this chapter relating to the
24 dollar threshold requiring the state comptroller's approval of
25 contracts, the commissioner of general services may make purchases or
26 enter into contracts for the acquisition of commodities and services for
27 the office of general services or its customer agencies serviced by the
28 office of general services business services center having a value not
29 exceeding [eighty-five] three hundred thousand dollars without prior
30 approval by any other state officer or agency in accordance with proce-
31 dures and requirements set forth in this article.
32 § 4. Subdivision 6-c of section 163 of the state finance law, as
33 amended by chapter 572 of the laws of 2022, is amended to read as
34 follows:
35 6-c. Pursuant to the authority provided in subdivision six of this
36 section, for the purchase of commodities that are food, including milk
37 and milk products, or animal or plant fiber products, grown, produced,
38 harvested, or processed in New York state or textile products manufac-
39 tured from animal or plant fiber grown or produced predominantly in New
40 York state, where such commodities exceed [fifty] three hundred thousand
41 dollars in value, state agencies must advertise the discretionary
42 purchase on the state agency website for a reasonable period of time and
43 make the discretionary purchase based on the lowest price that meets the
44 state agency's form, function and utility.
45 § 5. Subdivision 8 of section 163 of the state finance law, as amended
46 by section 12 of part L of chapter 55 of the laws of 2012, is amended to
47 read as follows:
48 8. Public notice. All procurements by state agencies, including, with-
49 out limitation, the state university of New York and the city university
50 of New York, in excess of [fifty] three hundred thousand dollars shall
51 be advertised in the state's procurement opportunities newsletter in
52 accordance with article four-C of the economic development law.
53 § 6. Subdivision 3 of section 141 of the economic development law, as
54 amended by section 14 of part L of chapter 55 of the laws of 2012, is
55 amended to read as follows:
S. 9005 121 A. 10005
1 3. "Procurement contract" shall mean any written agreement entered
2 into by an agency for the acquisition of goods, services, or
3 construction of any kind in the actual or estimated amount of [fifty]
4 three hundred thousand dollars or more. The term does not include an
5 agreement for employment in the civil service.
6 § 7. Section 146 of the economic development law, as amended by chap-
7 ter 173 of the laws of 2014, is amended to read as follows:
8 § 146. Approval of comptroller. The comptroller shall not approve or
9 file any procurement contract for the acquisition of goods or services
10 in the amount of [fifty] three hundred thousand dollars or more unless
11 notice as provided in section one hundred forty-two of this article
12 shall first have been published in the procurement opportunities news-
13 letter at least fifteen business days prior to the date on which a bid
14 or proposal was due. Provided, however, such requirement of publication
15 of advance notice shall not apply to contracts exempt from such require-
16 ment under section one hundred forty-four of this article; provided
17 further, that the comptroller shall not be required to disapprove a
18 contract if [he or she] such comptroller determines that there has been
19 substantial compliance with the requirements of section one hundred
20 forty-two and section one hundred forty-three of this article. The fore-
21 going provisions of this section shall not be construed to limit, in any
22 manner, the right of the comptroller to demand evidence of adequate
23 competition or such other proofs as [he or she] such comptroller may
24 require in the discharge of [his or her] such comptroller's responsibil-
25 ities pursuant to section one hundred twelve of the state finance law or
26 any other provision of law.
27 § 8. This act shall take effect immediately; provided, however, that
28 the amendments to section 163 of the state finance law, made by sections
29 two, three, four and five of this act, shall not affect the repeal of
30 such section and shall be deemed repealed therewith.
31 PART Z
32 Section 1. Subdivision (e) of section 1-e of the legislative law, as
33 amended by section 1 of part S of chapter 62 of the laws of 2003, is
34 amended to read as follows:
35 (e) (i) The first statement of registration filed annually by each
36 lobbyist for calendar years through two thousand three shall be accompa-
37 nied by a registration fee of fifty dollars except that no registration
38 fee shall be required of a public corporation. A fee of fifty dollars
39 shall be required for any subsequent statement of registration filed by
40 a lobbyist during the same calendar year; (ii) The first statement of
41 registration filed annually by each lobbyist for calendar year two thou-
42 sand four shall be accompanied by a registration fee of one hundred
43 dollars except that no registration fee shall be required from any
44 lobbyist who in any year does not expend, incur or receive an amount in
45 excess of five thousand dollars of reportable compensation and expenses,
46 as provided in paragraph five of subdivision (b) of section one-h of
47 this article, for the purposes of lobbying or of a public corporation. A
48 fee of one hundred dollars shall be required for any subsequent state-
49 ment of registration filed by a lobbyist during the same calendar year;
50 (iii) The first statement of registration filed biennially by each
51 lobbyist for the first biennial registration requirements for calendar
52 years two thousand five and two thousand six [and thereafter,] through
53 the thirty-first day of March two thousand twenty-six shall be accompa-
54 nied by a registration fee of two hundred dollars except that no regis-
S. 9005 122 A. 10005
1 tration fee shall be required from any lobbyist who in any year does not
2 expend, incur or receive an amount in excess of five thousand dollars of
3 reportable compensation and expenses, as provided in paragraph five of
4 subdivision (b) of section one-h of this article, for the purposes of
5 lobbying or of a public corporation. A fee of two hundred dollars shall
6 be required for any subsequent statement of registration filed by a
7 lobbyist during the same biennial period through the thirty-first day of
8 March two thousand twenty-six; (iv) The statement of registration filed
9 after the due date of a biennial registration for calendar years two
10 thousand five and two thousand six through the thirty-first day of March
11 two thousand twenty-six shall be accompanied by a registration fee that
12 is prorated to one hundred dollars for any such registration filed after
13 January first of the second calendar year covered by the biennial
14 reporting requirement[.]; (v) Beginning with the first statement of
15 registration filed by each lobbyist on or after the first day of April
16 two thousand twenty-six and thereafter, there shall be an annual regis-
17 tration fee of two hundred and fifty dollars for each calendar year in
18 which such registration remains in effect, except that no registration
19 fee shall be required from any lobbyist who in any year does not expend,
20 incur or receive an amount in excess of five thousand dollars of report-
21 able compensation and expenses, as provided in paragraph five of subdi-
22 vision (b) of section one-h of this article, for the purposes of lobby-
23 ing or of a public corporation. An annual registration fee of two
24 hundred fifty dollars shall be required for any subsequent statement of
25 registration filed by a lobbyist during the same biennial period and for
26 each calendar year in which such registration remains in effect; (vi) In
27 addition to the fees authorized by this section, the commission may
28 impose a fee for late filing of a registration statement required by
29 this section not to exceed twenty-five dollars for each day that the
30 statement required to be filed is late, except that if the lobbyist
31 making a late filing has not previously been required by statute to file
32 such a statement, the fee for late filing shall not exceed ten dollars
33 for each day that the statement required to be filed is late.
34 § 2. This act shall take effect immediately.
35 PART AA
36 Section 1. The executive law is amended by adding a new section 214-j
37 to read as follows:
38 § 214-j. Critical incident policy. 1. As used in this section, the
39 following terms shall have the following meanings:
40 (a) "Critical incident" shall mean the following actions when
41 performed by a member or experienced by a member in the course of offi-
42 cial duties: (i) an action that directly causes serious physical injury
43 or death to another person or member; (ii) a discharge of a firearm by a
44 member directed at another person; (iii) a traffic accident or incident
45 involving a division vehicle, aircraft, or vessel that results in seri-
46 ous physical injury or death; or (iv) any other incident deemed appro-
47 priate by the superintendent or their designee.
48 (b) "Serious physical injury" shall mean an injury that, based on the
49 facts and circumstances reasonably known at the time of the incident,
50 appears to involve a substantial risk of death or an obvious and severe
51 impairment of a major bodily function, such that a reasonable person
52 would conclude the injury is life-threatening or significantly life-al-
53 tering, without regard to later medical findings, prognosis, or outcome.
54 The determination of a "serious physical injury" shall be made by the
S. 9005 123 A. 10005
1 superintendent or their designee based on the observable conditions and
2 available information at the time the supervisor arrives at the scene of
3 the critical incident, and shall not be affected by subsequent medical
4 evaluation or recovery. "Serious physical injury" shall include, but not
5 be limited to, suspected spinal cord injury or paralysis, severe pene-
6 trating head injury, massive blood loss, or loss of limb.
7 (c) "Directly involved" shall mean any member who was physically pres-
8 ent within the immediate proximity of a critical incident at the time it
9 occurred and whose direct exposure to the incident placed the member
10 within the immediate zone of operational engagement, regardless of
11 whether the member discharged a weapon or otherwise used force.
12 (d) "Primary member" means any directly involved member who justifi-
13 ably used deadly physical force during the critical incident, or whose
14 actions during the critical incident appear to be the most immediate and
15 substantial cause of death or serious physical injury to a person.
16 2. The superintendent shall develop, maintain, and disseminate to all
17 members of the division of state police a critical incident paid leave
18 policy that provides for paid critical incident leave in accordance with
19 this section.
20 3. Such critical incident paid leave policy shall guarantee: (a) paid
21 critical incident leave of at least twenty calendar days for any primary
22 member whose official actions were the direct and proximate cause of the
23 death of another person; (b) paid critical incident leave of at least
24 ten calendar days for any other member directly involved in the critical
25 incident; and (c) paid critical incident leave under such other circum-
26 stances the superintendent or their designee determines appropriate.
27 Such leave shall constitute a separate category of leave and shall not
28 count against vacation, sick, or personal leave accruals. Such leave,
29 where appropriate, shall be designated as family and medical leave act
30 and/or count against a member's workers compensation leave entitlement.
31 4. Critical incident paid leave shall begin as soon as possible after
32 the critical incident, provided that initial supervisory inquiries of
33 the involved members shall occur before leave commences. Critical inci-
34 dent leave may only be delayed to ensure minimum necessary staffing
35 levels or protect community safety. Delays shall only be as long as
36 necessary to address such concerns. Upon agreement of the member and the
37 superintendent or their designee, the member shall be allowed to return
38 to duty prior to the completion of the period of critical incident
39 leave.
40 5. In any case where critical incident paid leave has been made to a
41 member, and it is thereafter determined that a critical incident did not
42 occur or that the member's actions that resulted in the serious physical
43 injury or death of another person were not justified, the superintendent
44 or their designee may order the deduction of equivalent vacation or
45 personal leave days and/or the withholding of future paid leave to such
46 member, provided that the amount of days deducted and/or withheld shall
47 not be more than the critical incident paid leave days that were
48 originally provided.
49 6. The superintendent shall be prohibited from taking any punitive
50 administrative action against any member granted critical incident leave
51 under this section solely on the basis of the provision of such leave
52 unless the leave was provided, at least in part, based upon the member's
53 fraud, deceit, or misrepresentation.
54 7. The superintendent is authorized to promulgate rules and regu-
55 lations to implement, administer, and enforce the provisions of this
56 section.
S. 9005 124 A. 10005
1 § 2. This act shall take effect on the one hundred twentieth day after
2 it shall have become a law. Effective immediately, the addition, amend-
3 ment and/or repeal of any rule or regulation necessary for the implemen-
4 tation of this act on its effective date are authorized to be made and
5 completed on or before such effective date.
6 PART BB
7 Section 1. Section 16 of chapter 1 of the laws of 2005 amending the
8 state finance law relating to restricting contacts in the procurement
9 process and the recording of contacts relating thereto, as amended by
10 section 1 of part SS of chapter 55 of the laws of 2021, is amended to
11 read as follows:
12 § 16. This act shall take effect immediately; provided, however, that
13 sections one, six, eight, nine, ten, eleven and fifteen of this act
14 shall take effect January 1, 2006; and provided, however, the amendments
15 to paragraph f of subdivision 9 of section 163 of the state finance law
16 made by section fifteen of this act shall not affect the repeal of such
17 section and shall be deemed repealed therewith; provided, further, that
18 the amendments to article 1-A of the legislative law, made by this act,
19 shall not affect the repeal of such article pursuant to chapter 2 of the
20 laws of 1999, as amended, and shall be deemed repealed therewith;
21 provided, further, that sections thirteen and fourteen of this act shall
22 take effect January 1, 2006 and shall be deemed repealed July 31, [2026]
23 2031; provided, further, that effective immediately, the advisory coun-
24 cil on procurement lobbying created pursuant to section twelve of this
25 act shall be constituted no later than sixty days following the effec-
26 tive date of this act, provided that effective sixty days following the
27 effective date of this act, the advisory council on procurement lobbying
28 shall be authorized to establish model guidelines and to add, amend
29 and/or repeal any rules or regulations necessary for the implementation
30 of its duties under sections twelve and thirteen of this act, and the
31 advisory council authorized to make and complete such model guidelines
32 on or before the effective date of section thirteen of this act;
33 provided, further, that procurement contracts for which bid solicita-
34 tions have been issued prior to the effective date of this act shall be
35 awarded pursuant to the provisions of law in effect at the time of issu-
36 ance.
37 § 2. Paragraph g of subdivision 1 of section 139-j of the state
38 finance law, as amended by chapter 4 of the laws of 2010, is amended to
39 read as follows:
40 g. "Procurement contract" shall mean any contract or other agreement,
41 including an amendment, extension, renewal or change order to an exist-
42 ing contract (other than amendments, extensions, renewals, or change
43 orders that are authorized and payable under the terms of the contract
44 as it was finally awarded or approved by the comptroller, as applica-
45 ble), for an article of procurement involving an estimated annualized
46 expenditure in excess of [fifteen] fifty thousand dollars. Grants, arti-
47 cle eleven-B state finance law contracts, program contracts between
48 not-for-profit organizations, as defined in article eleven-B of this
49 chapter, and the unified court system, intergovernmental agreements,
50 railroad and utility force accounts, utility relocation project agree-
51 ments or orders, contracts governing organ transplants, contracts allow-
52 ing for state participation in trade shows, and eminent domain trans-
53 actions shall not be deemed procurement contracts.
S. 9005 125 A. 10005
1 § 3. Paragraph g of subdivision 1 of section 139-k of the state
2 finance law, as amended by chapter 4 of the laws of 2010, is amended to
3 read as follows:
4 g. "Procurement contract" shall mean any contract or other agreement,
5 including an amendment, extension, renewal, or change order to an exist-
6 ing contract (other than amendments, extensions, renewals, or change
7 orders that are authorized and payable under the terms of the contract
8 as it was finally awarded or approved by the comptroller, as applica-
9 ble), for an article of procurement involving an estimated annualized
10 expenditure in excess of [fifteen] fifty thousand dollars. Grants, arti-
11 cle eleven-B state finance law contracts, program contracts between
12 not-for-profit organizations, as defined in article eleven-B of this
13 chapter, and the unified court system, intergovernmental agreements,
14 railroad and utility force accounts, utility relocation project agree-
15 ments or orders, contracts governing organ transplants, contracts allow-
16 ing for state participation in a trade show, and eminent domain trans-
17 actions shall not be deemed procurement contracts.
18 § 4. This act shall take effect immediately; provided, however that
19 the amendments to sections 139-j and 139-k of the state finance law made
20 by sections two and three of this act shall not affect the repeal of
21 such sections and shall expire and be deemed repealed therewith.
22 PART CC
23 Section 1. Subdivision 5 of section 362 of chapter 83 of the laws of
24 1995 amending the state finance law and other laws relating to bonds,
25 notes and revenues, as amended by section 1 of part RR of chapter 55 of
26 the laws of 2021, is amended to read as follows:
27 5. Sections thirty-one through forty-two of this act shall take effect
28 on the thirtieth day after it shall have become a law and shall be
29 deemed to have been in full force and effect on and after April 1, 1995;
30 provided that section 163 of the state finance law, as added by section
31 thirty-three of this act shall remain in full force and effect until
32 June 30, [2026] 2031 at which time it shall expire and be deemed
33 repealed. Contracts executed prior to the expiration of such section 163
34 shall remain in full force and effect until the expiration of any such
35 contract notwithstanding the expiration of certain provisions of this
36 act.
37 § 2. This act shall take effect immediately.
38 PART DD
39 Section 1. Subdivision (a) of section 5004 of the civil practice law
40 and rules, as amended by chapter 831 of the laws of 2021, is amended to
41 read as follows:
42 (a) [Interest shall be at the rate of nine per centum per annum,
43 except where otherwise provided by statute; provided] Notwithstanding
44 any other provision of law or regulation to the contrary, including any
45 law or regulation that limits the annual rate of interest to be paid on
46 a judgment or accrued claim, the annual rate of interest to be paid on a
47 judgment or accrued claim shall be calculated at the one-year United
48 States treasury bill rate. For purposes of this section, the "one-year
49 United States treasury bill rate" means the weekly average one-year
50 constant maturity treasury yield, as published by the board of governors
51 of the federal reserve system, for the calendar week preceding the date
52 of the entry of the judgment awarding damages; provided however, that
S. 9005 126 A. 10005
1 this section shall not apply to any provision of the tax law which
2 provides for the annual rate of interest to be paid on a judgment or
3 accrued claim. Provided, however, the annual rate of interest to be paid
4 in an action arising out of a consumer debt where a natural person is a
5 defendant shall be two per centum per annum (i) on a judgment or accrued
6 claim for judgments entered on or after the effective date of [the]
7 chapter eight hundred thirty-one of the laws of two thousand twenty-one
8 [which amended this section], and (ii) for interest upon a judgment
9 pursuant to section five thousand three of this article from the date of
10 the entry of judgment on any part of a judgment entered before the
11 effective date of [the] chapter eight hundred thirty-one of the laws of
12 two thousand twenty-one [which amended this section] that is unpaid as
13 of such effective date.
14 § 2. Section 16 of the state finance law, as amended by chapter 681 of
15 the laws of 1982, is amended to read as follows:
16 § 16. Rate of interest on judgments and accrued claims against the
17 state. The rate of interest to be paid by the state upon any judgment
18 or accrued claim against the state shall [not exceed nine per centum per
19 annum] be calculated at the one-year United States treasury bill rate.
20 For the purposes of this section, the "one-year United States treasury
21 bill rate" means the weekly average one-year constant maturity treasury
22 yield, as published by the board of governors of the federal reserve
23 system, for the calendar week preceding the date of the entry of the
24 judgment awarding damages. Provided however, that this section shall not
25 apply to any provision of the tax law which provides for the annual rate
26 of interest to be paid on a judgment or accrued claim.
27 § 3. This act shall take effect immediately, and shall be deemed to
28 have been in full force and effect on and after April 1, 2026.
29 PART EE
30 Section 1. Section 167-a of the civil service law, as amended by
31 section 1 of part I of chapter 55 of the laws of 2012, is amended to
32 read as follows:
33 § 167-a. Reimbursement for medicare premium charges. 1. Upon exclusion
34 from the coverage of the health benefit plan of supplementary medical
35 insurance benefits for which an active or retired employee or a depend-
36 ent covered by the health benefit plan is or would be eligible under the
37 federal old-age, survivors and disability insurance program, an amount
38 equal to the standard medicare premium charge for such supplementary
39 medical insurance benefits for such active or retired employee and [his
40 or her] such employee's dependents, if any, shall be paid monthly or at
41 other intervals to such active or retired employee from the health
42 insurance fund. There shall be no payment for the income related monthly
43 adjustment amount incurred on or after January first, two thousand twen-
44 ty-six to any active or retired employee and such employee's dependents,
45 if any. Where appropriate, such standard medicare premium amount may be
46 deducted from contributions payable by the employee or retired employee;
47 or where appropriate in the case of a retired employee receiving a
48 retirement allowance, such standard medicare premium amount may be
49 included with payments of [his or her] such employee's retirement allow-
50 ance. All state employer, employee, retired employee and dependent
51 contributions to the health insurance fund, including contributions from
52 public authorities, public benefit corporations or other quasi-public
53 organizations of the state eligible for participation in the health
54 benefit plan as authorized by subdivision two of section one hundred
S. 9005 127 A. 10005
1 sixty-three of this article, shall be adjusted as necessary to cover the
2 cost of reimbursing federal old-age, survivors and disability insurance
3 program premium charges under this section. This cost shall be included
4 in the calculation of premium or subscription charges for health cover-
5 age provided to employees and retired employees of the state, public
6 authorities, public benefit corporations or other quasi-public organiza-
7 tions of the state; provided, however, the state, public authorities,
8 public benefit corporations or other quasi-public organizations of the
9 state shall remain obligated to pay no less than its share of such
10 increased cost consistent with its share of premium or subscription
11 charges provided for by this article. All other employer contributions
12 to the health insurance fund shall be adjusted as necessary to provide
13 for such payments.
14 2. (a) On December first, two thousand twenty-seven, the department
15 shall provide a premium refund to eligible state retirees. For the
16 purposes of this section, "eligible state retirees" shall be defined as
17 retirees who retired:
18 (i) on or after January first, nineteen hundred eighty-three but prior
19 to January first, two thousand twelve; and
20 (ii) on or after January first, two thousand twelve from a title allo-
21 cated or equated to salary grade nine or below. The amount of the annual
22 premium refund shall be fifty per centum of the amount reimbursed by the
23 department to enrollees for income related monthly adjustment amounts
24 for supplementary medical insurance for calendar year two thousand twen-
25 ty-five divided by the number of eligible state retirees.
26 (b) On December first, two thousand twenty-eight and December first of
27 each year thereafter, the department shall provide an annual premium
28 refund to eligible state retirees. The amount of the refund shall be the
29 premium refund provided in the prior year increased by the rate of
30 change for the most recent twelve-month period ending in September of
31 that year in the consumer price index for all urban consumers on a
32 national and seasonally unadjusted basis (CPI-U), or a successor index
33 as calculated by the United States department of labor.
34 § 2. This act shall take effect immediately and shall apply on January
35 1, 2026 for the income related monthly adjustment amount incurred on or
36 after January 1, 2026.
37 PART FF
38 Section 1. The state comptroller is hereby authorized and directed to
39 loan money in accordance with the provisions set forth in subdivision 5
40 of section 4 of the state finance law to the following funds and/or
41 accounts:
42 1. Local government records management account (20501).
43 2. Child health plus program account (20810).
44 3. EPIC premium account (20818).
45 4. Transit authorities account (20851).
46 5. Railroad account (20852).
47 6. Non-MTA capital account (20853).
48 7. Education - New (20901).
49 8. VLT - Sound basic education fund (20904).
50 9. Sewage treatment program management and administration fund
51 (21000).
52 10. Utility environmental regulatory account (21064).
53 11. Federal grants indirect cost recovery account (21065).
54 12. Low level radioactive waste account (21066).
S. 9005 128 A. 10005
1 13. Environmental regulatory account (21081).
2 14. Natural resource account (21082).
3 15. Environmental protection and oil spill compensation fund (21200).
4 16. Public transportation systems account (21401).
5 17. Metropolitan mass transportation (21402).
6 18. Operating permit program account (21451).
7 19. Mobile source account (21452).
8 20. New York state thruway authority account (21905).
9 21. Financial control board account (21911).
10 22. Regulation of racing account (21912).
11 23. State university dormitory income reimbursable account (21937).
12 24. Training, management and evaluation account (21961).
13 25. Clinical laboratory reference system assessment account (21962).
14 26. Indirect cost recovery account (21978).
15 27. Multi-agency training account (21989).
16 28. Bell jar collection account (22003).
17 29. Real property disposition account (22006).
18 30. Parking account (22007).
19 31. Courts special grants (22008).
20 32. Batavia school for the blind account (22032).
21 33. Financial oversight account (22039).
22 34. Regulation of Indian gaming account (22046).
23 35. Rome school for the deaf account (22053).
24 36. Administrative adjudication account (22055).
25 37. Cultural education account (22063).
26 38. DHCR mortgage servicing account (22085).
27 39. Voting Machine Examinations account (22099).
28 40. DHCR-HCA application fee account (22100).
29 41. Restitution account (22134).
30 42. New York State Home for Veterans in the Lower-Hudson Valley
31 account (22144).
32 43. Deferred compensation administration account (22151).
33 44. Transportation aviation account (22165).
34 45. New York State Campaign Finance Fund account (22211).
35 46. New York state medical indemnity fund account (22240).
36 47. Behavioral health parity compliance fund (22246).
37 48. Pharmacy benefit manager regulatory fund (22255).
38 49. Virtual currency assessments account (22262).
39 50. Employers assessment account (22269).
40 51. State university general income offset account (22654).
41 52. Highway safety program account (23001).
42 53. NYCCC operating offset account (23151).
43 54. Commercial gaming revenue account (23701).
44 55. Commercial gaming regulation account (23702).
45 56. New York state secure choice administrative account (23806).
46 57. New York state cannabis revenue fund (24800).
47 58. Fantasy sports administration account (24951).
48 59. Mobile sports wagering fund (24955).
49 60. Highway and bridge capital account (30051).
50 61. State university residence hall rehabilitation fund (30100).
51 62. State parks infrastructure account (30351).
52 63. Hazardous waste cleanup account (31506).
53 64. Youth facilities improvement account (31701).
54 65. Housing assistance fund (31800).
55 66. Housing program fund (31850).
56 67. Highway facility purpose account (31951).
S. 9005 129 A. 10005
1 68. New York racing account (32213).
2 69. Information technology capital financing account (32215).
3 70. New York environmental protection and spill remediation account
4 (32219).
5 71. Department of financial services IT modernization capital account
6 (32230).
7 72. Grants Reimbursement from Non-Federal Entity Account (32231).
8 73. Fire Island project account (32232).
9 74. Mental hygiene facilities capital improvement fund (32300).
10 75. Correctional facilities capital improvement fund (32350).
11 76. OGS convention center account (50318).
12 77. Empire Plaza Gift Shop (50327).
13 78. Unemployment Insurance Benefit Fund, Interest Assessment Account
14 (50651).
15 79. Centralized services fund (55000).
16 80. Archives records management account (55052).
17 81. Federal single audit account (55053).
18 82. Civil service administration account (55055).
19 83. Banking services account (55057).
20 84. Cultural resources survey account (55058).
21 85. Neighborhood work project account (55059).
22 86. Automation & printing chargeback account (55060).
23 87. Data center account (55062).
24 88. Intrusion detection account (55066).
25 89. Domestic violence grant account (55067).
26 90. Centralized technology services account (55069).
27 91. Labor contact center account (55071).
28 92. Human services contact center account (55072).
29 93. Department of law civil recoveries account (55074).
30 94. Executive direction internal audit account (55251).
31 95. CIO Information technology centralized services account (55252).
32 96. Health insurance internal service account (55300).
33 97. Civil service employee benefits division administrative account
34 (55301).
35 98. Correctional industries revolving fund (55350).
36 99. Employees health insurance account (60201).
37 100. Medicaid management information system escrow fund (60900).
38 101. Animal shelter regulation account.
39 102. Climate initiative account.
40 103. Responsible AI Safety and Education account.
41 104. Data broker account.
42 § 2. The state comptroller is hereby authorized and directed to loan
43 money in accordance with the provisions set forth in subdivision 5 of
44 section 4 of the state finance law to any account within the following
45 federal funds, provided the comptroller has made a determination that
46 sufficient federal grant award authority is available to reimburse such
47 loans:
48 1. Federal USDA-food and nutrition services fund (25000).
49 2. Federal health and human services fund (25100).
50 3. Federal education fund (25200).
51 4. Federal block grant fund (25250).
52 5. Federal miscellaneous operating grants fund (25300).
53 6. Federal unemployment insurance administration fund (25900).
54 7. Federal unemployment insurance occupational training fund (25950).
55 8. Federal emergency employment act fund (26000).
56 9. Federal capital projects fund (31350).
S. 9005 130 A. 10005
1 § 3. Notwithstanding any law to the contrary, and in accordance with
2 section 4 of the state finance law, the comptroller is hereby authorized
3 and directed to transfer, upon request of the director of the budget, on
4 or before March 31, 2027, up to the unencumbered balance or the follow-
5 ing amounts:
6 Economic Development and Public Authorities:
7 1. An amount up to the unencumbered balance from the miscellaneous
8 special revenue fund, business and licensing services account (21977),
9 to the general fund.
10 2. $19,810,000 from the miscellaneous special revenue fund, code
11 enforcement account (21904), to the general fund.
12 3. $3,000,000 from the general fund to the miscellaneous special
13 revenue fund, tax revenue arrearage account (22168).
14 Education:
15 1. $2,455,000,000 from the general fund to the state lottery fund,
16 education account (20901), as reimbursement for disbursements made from
17 such fund for supplemental aid to education pursuant to section 92-c of
18 the state finance law that are in excess of the amounts deposited in
19 such fund for such purposes pursuant to section 1612 of the tax law.
20 2. $1,106,000,000 from the general fund to the state lottery fund, VLT
21 education account (20904), 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 3. $137,600,000 from the general fund to the New York state commercial
26 gaming fund, commercial gaming revenue account (23701), as reimbursement
27 for disbursements made from such fund for supplemental aid to education
28 pursuant to section 97-nnnn of the state finance law that are in excess
29 of the amounts deposited in such fund for purposes pursuant to section
30 1352 of the racing, pari-mutuel wagering and breeding law.
31 4. $1,456,000,000 from the general fund to the mobile sports wagering
32 fund, education account (24955), as reimbursement for disbursements made
33 from such fund for supplemental aid to education pursuant to section
34 92-c of the state finance law that are in excess of the amounts deposit-
35 ed in such fund for such purposes pursuant to section 1367 of the
36 racing, pari-mutuel wagering and breeding law.
37 5. $16,000,000 from the interactive fantasy sports fund, fantasy
38 sports education account (24950), to the state lottery fund, education
39 account (20901), as reimbursement for disbursements made from such fund
40 for supplemental aid to education pursuant to section 92-c of the state
41 finance law.
42 6. $50,000,000 from the cannabis revenue fund cannabis education
43 account (24801), to the state lottery fund, education account (20901),
44 as reimbursement for disbursements made from such fund for supplemental
45 aid to education pursuant to section 99-ii of the state finance law.
46 7. An amount up to the unencumbered balance in the fund on March 31,
47 2026 from the charitable gifts trust fund, elementary and secondary
48 education account (24901), to the general fund, for payment of general
49 support for public schools pursuant to section 3609-a of the education
50 law.
51 8. Moneys from the state lottery fund (20900) up to an amount deposit-
52 ed in such fund pursuant to section 1612 of the tax law in excess of the
53 current year appropriation for supplemental aid to education pursuant to
54 section 92-c of the state finance law.
55 9. $300,000 from the New York state local government records manage-
56 ment improvement fund, local government records management account
S. 9005 131 A. 10005
1 (20501), to the New York state archives partnership trust fund, archives
2 partnership trust maintenance account (20351).
3 10. $900,000 from the general fund to the miscellaneous special reven-
4 ue fund, Batavia school for the blind account (22032).
5 11. $900,000 from the general fund to the miscellaneous special reven-
6 ue fund, Rome school for the deaf account (22053).
7 12. $80,000,000 from the state university income fund, state universi-
8 ty hospitals income reimbursable account (22656) to the general fund for
9 hospital debt service.
10 13. $343,400,000 from the state university dormitory income fund
11 (40350) to the miscellaneous special revenue fund, state university
12 dormitory income reimbursable account (21937).
13 14. $24,000,000 from any of the state education department's special
14 revenue and internal service funds to the miscellaneous special revenue
15 fund, indirect cost recovery account (21978).
16 15. $4,200,000 from any of the state education department's special
17 revenue or internal service funds to the capital projects fund (30000).
18 16. $8,000,000 from the general fund to the miscellaneous special
19 revenue fund, HESC-insurance premium payments account (21960).
20 17. $358,000,000 from the state university income fund, state univer-
21 sity hospitals income reimbursable account (22656), and the state
22 university income fund, state university-wide hospital reimbursable
23 account (22658) to the General Fund for the payment of SUNY Hospitals
24 Health Insurance premiums on or before March 31, 2027.
25 18. $5,000,000 from the general fund to the miscellaneous capital
26 projects fund, state university of New York green energy loan fund.
27 19. $12,000,000 from the miscellaneous special revenue fund office of
28 professions account (22051) to the miscellaneous special revenue fund
29 cultural education account (22063).
30 20. $150,000 from the dedicated miscellaneous special revenue fund,
31 gifts for the state library system account (23821) to the miscellaneous
32 special revenue fund, love your library account (22119).
33 Environmental Affairs:
34 1. $16,000,000 from any of the department of environmental conserva-
35 tion's special revenue federal funds, and/or federal capital funds, to
36 the environmental conservation special revenue fund, federal indirect
37 recovery account (21065).
38 2. $5,000,000 from any of the department of environmental conserva-
39 tion's special revenue federal funds, and/or federal capital funds, to
40 the conservation fund (21150) or Marine Resources Account (21151) as
41 necessary to avoid diversion of conservation funds.
42 3. $3,000,000 from any of the office of parks, recreation and historic
43 preservation capital projects federal funds and special revenue federal
44 funds to the miscellaneous special revenue fund, federal grant indirect
45 cost recovery account (22188).
46 4. $125,000,000 from the general fund to the environmental protection
47 fund, environmental protection fund transfer account (30451).
48 5. $10,000,000 from the general fund to the hazardous waste remedial
49 fund, hazardous waste cleanup account (31506).
50 6. An amount up to or equal to the cash balance within the special
51 revenue-other waste management & cleanup account (21053) to the capital
52 projects fund (30000) for services and capital expenses related to the
53 management and cleanup program as put forth in section 27-1915 of the
54 environmental conservation law.
55 7. $7,000,000 from the general fund to the enterprise fund, state fair
56 account (50051).
S. 9005 132 A. 10005
1 8. $3,000,000 from the waste management & cleanup account (21053) to
2 the environmental protection fund transfer account (30451).
3 9. $14,000,000 from the general fund to the miscellaneous special
4 revenue fund, patron services account (22163).
5 10. $15,000,000 from the enterprise fund, golf account (50332) to the
6 state park infrastructure fund, state park infrastructure account
7 (30351).
8 11. $10,000,000 from the general fund to the environmental protection
9 and oil spill compensation fund (21203).
10 12. $250,000 from the general fund to the Lake George park account
11 (22751).
12 Family Assistance:
13 1. $7,000,000 from any of the office of children and family services,
14 office of temporary and disability assistance, or department of health
15 special revenue federal funds and the general fund, in accordance with
16 agreements with social services districts, to the miscellaneous special
17 revenue fund, office of human resources development state match account
18 (21967).
19 2. $4,000,000 from any of the office of children and family services
20 or office of temporary and disability assistance special revenue federal
21 funds to the miscellaneous special revenue fund, family preservation and
22 support services and family violence services account (22082).
23 3. $18,670,000 from any of the office of children and family services,
24 office of temporary and disability assistance, or department of health
25 special revenue federal funds and any other miscellaneous revenues
26 generated from the operation of office of children and family services
27 programs to the general fund.
28 4. $225,300,000 from any of the office of temporary and disability
29 assistance or department of health special revenue funds to the general
30 fund.
31 5. $2,500,000 from any of the office of temporary and disability
32 assistance special revenue funds to the miscellaneous special revenue
33 fund, office of temporary and disability assistance program account
34 (21980).
35 6. $35,000,000 from any of the office of children and family services,
36 office of temporary and disability assistance, department of labor, and
37 department of health special revenue federal funds to the office of
38 children and family services miscellaneous special revenue fund, multi-
39 agency training contract account (21989).
40 7. $205,000,000 from the miscellaneous special revenue fund, youth
41 facility per diem account (22186), to the general fund.
42 8. $788,000 from the general fund to the combined gifts, grants, and
43 bequests fund, WB Hoyt Memorial account (20128).
44 9. $5,000,000 from the miscellaneous special revenue fund, state
45 central registry (22028), to the general fund.
46 10. $900,000 from the general fund to the Veterans' Remembrance and
47 Cemetery Maintenance and Operation account (20201).
48 11. $7,000,000 from the general fund to the housing program fund
49 (31850).
50 12. $15,000,000 from any of the office of children and family services
51 special revenue federal funds to the office of court administration
52 special revenue other federal iv-e funds account.
53 13. $10,000,000 from any of the office of children and family services
54 special revenue federal funds to the office of indigent legal services
55 special revenue other federal iv-e funds account.
56 General Government:
S. 9005 133 A. 10005
1 1. $12,000,000 from the general fund to the health insurance revolving
2 fund (55300).
3 2. $292,400,000 from the health insurance reserve receipts fund
4 (60550) to the general fund.
5 3. $150,000 from the general fund to the not-for-profit revolving loan
6 fund (20650).
7 4. $150,000 from the not-for-profit revolving loan fund (20650) to the
8 general fund.
9 5. $3,000,000 from the miscellaneous special revenue fund, surplus
10 property account (22036), to the general fund.
11 6. $19,000,000 from the miscellaneous special revenue fund, revenue
12 arrearage account (22024), to the general fund.
13 7. $3,828,000 from the miscellaneous special revenue fund, revenue
14 arrearage account (22024), to the miscellaneous special revenue fund,
15 authority budget office account (22138).
16 8. $1,000,000 from the miscellaneous special revenue fund, parking
17 account (22007), to the general fund, for the purpose of reimbursing the
18 costs of debt service related to state parking facilities.
19 9. $11,460,000 from the general fund to the agencies internal service
20 fund, central technology services account (55069), for the purpose of
21 enterprise technology projects.
22 10. $10,000,000 from the general fund to the agencies internal service
23 fund, state data center account (55062).
24 11. $12,000,000 from the miscellaneous special revenue fund, parking
25 account (22007), to the centralized services, building support services
26 account (55018).
27 12. $36,000,000 from the general fund to the internal service fund,
28 business services center account (55022).
29 13. $9,500,000 from the general fund to the internal service fund,
30 building support services account (55018).
31 14. $1,500,000 from the combined expendable trust fund, plaza special
32 events account (20120), to the general fund.
33 15. A transfer from the general fund to the miscellaneous special
34 revenue fund, New York State Campaign Finance Fund Account (22211), up
35 to an amount equal to total reimbursements due to qualified candidates.
36 16. $6,000,000 from the miscellaneous special revenue fund, standards
37 and purchasing account (22019), to the general fund.
38 17. $12,400,000 from the banking department special revenue fund
39 (21970) funded by the assessment to defray operating expenses authorized
40 by section 206 of the financial services law to the IT Modernization
41 Capital Fund.
42 18. $17,000,000 from the miscellaneous special revenue fund, New York
43 State cannabis revenue fund (24800), to the miscellaneous capital
44 projects fund, Cannabis IT subfund.
45 19. $12,400,000 from the insurance department special revenue fund
46 (21994) funded by the assessment to defray operating expenses authorized
47 by section 206 of the financial services law to the IT Modernization
48 Capital Fund.
49 20. $1,550,000 from the pharmacy benefits bureau special revenue fund
50 (22255) funded by the assessment to defray operating expenses authorized
51 by section 206 of the financial services law, to the IT Modernization
52 Capital Fund.
53 21. $4,650,000 from the virtual currency special revenue fund (22262)
54 funded by the assessment to defray operating expenses authorized by
55 section 206 of the financial services law, to the IT Modernization Capi-
56 tal Fund.
S. 9005 134 A. 10005
1 22. $30,000,000 from the miscellaneous special revenue fund, workers'
2 compensation account (21995), to the miscellaneous capital projects
3 fund, workers' compensation board IT business process design fund
4 (32218).
5 Health:
6 1. A transfer from the general fund to the combined gifts, grants and
7 bequests fund, breast cancer research and education account (20155), up
8 to an amount equal to the monies collected and deposited into that
9 account in the previous fiscal year.
10 2. A transfer from the general fund to the combined gifts, grants and
11 bequests fund, prostate cancer research, detection, and education
12 account (20183), up to an amount equal to the moneys collected and
13 deposited into that account in the previous fiscal year.
14 3. A transfer from the general fund to the combined gifts, grants and
15 bequests fund, Alzheimer's disease research and assistance account
16 (20143), up to an amount equal to the moneys collected and deposited
17 into that account in the previous fiscal year.
18 4. $3,600,000 from the miscellaneous special revenue fund, certificate
19 of need account (21920), to the miscellaneous capital projects fund,
20 healthcare IT capital subfund (32216).
21 5. $4,000,000 from the miscellaneous special revenue fund, vital
22 health records account (22103), to the miscellaneous capital projects
23 fund, healthcare IT capital subfund (32216).
24 6. $6,000,000 from the miscellaneous special revenue fund, profes-
25 sional medical conduct account (22088), to the miscellaneous capital
26 projects fund, healthcare IT capital subfund (32216).
27 7. $126,000,000 from the HCRA resources fund (20800) to the capital
28 projects fund (30000).
29 8. $6,550,000 from the general fund to the medical cannabis trust
30 fund, health operation and oversight account (23755).
31 9. An amount up to the unencumbered balance from the charitable gifts
32 trust fund, health charitable account (24900), to the general fund, for
33 payment of general support for primary, preventive, and inpatient health
34 care, dental and vision care, hunger prevention and nutritional assist-
35 ance, and other services for New York state residents with the overall
36 goal of ensuring that New York state residents have access to quality
37 health care and other related services.
38 10. $500,000 from the miscellaneous special revenue fund, New York
39 State cannabis revenue fund (24800), to the miscellaneous special reven-
40 ue fund, environmental laboratory fee account (21959).
41 11. An amount up to the unencumbered balance from the public health
42 emergency charitable gifts trust fund (23816), to the general fund, for
43 payment of goods and services necessary to respond to a public health
44 disaster emergency or to assist or aid in responding to such a disaster.
45 12. $1,000,000,000 from the general fund to the health care transfor-
46 mation fund (24850).
47 13. $2,590,000 from the miscellaneous special revenue fund, patient
48 safety center account (22139), to the general fund.
49 14. $1,000,000 from the miscellaneous special revenue fund, nursing
50 home receivership account (21925), to the general fund.
51 15. $130,000 from the miscellaneous special revenue fund, quality of
52 care account (21915), to the general fund.
53 16. $2,200,000 from the miscellaneous special revenue fund, adult home
54 quality enhancement account (22091), to the general fund.
55 17. $8,467,000 from the general fund, to the miscellaneous special
56 revenue fund, helen hayes hospital account (22140).
S. 9005 135 A. 10005
1 18. $1,303,000 from the general fund, to the miscellaneous special
2 revenue fund, New York city veterans' home account (22141).
3 19. $606,000 from the general fund, to the miscellaneous special
4 revenue fund, New York state home for veterans' and their dependents at
5 oxford account (22142).
6 20. $334,000 from the general fund, to the miscellaneous special
7 revenue fund, western New York veterans' home account (22143).
8 21. $1,636,000 from the general fund, to the miscellaneous special
9 revenue fund, New York state for veterans in the lower-hudson valley
10 account (22144).
11 22. $750,000,000 from the general fund, to the miscellaneous special
12 revenue fund, healthcare stability fund account (22267).
13 23. $5,000,000 from the general fund to the occupational health clin-
14 ics account (22177).
15 24. $13,000 from the miscellaneous special revenue fund, veterans home
16 assistance account (20208), to the miscellaneous special revenue fund,
17 New York city veterans' home account (22141).
18 25. $13,000 from the miscellaneous special revenue fund, veterans home
19 assistance account (20208), to the miscellaneous special revenue fund,
20 New York state home for veterans' and their dependents at oxford account
21 (22142).
22 26. $13,000 from the miscellaneous special revenue fund, veterans
23 assistance account (20208), to the miscellaneous special revenue fund,
24 western New York veterans' home account (22143).
25 27. $13,000 from the miscellaneous special revenue fund, veterans
26 assistance account (20208), to the miscellaneous special revenue fund,
27 New York state for veterans in the lower-Hudson valley account (22144).
28 28. $13,000 from the miscellaneous special revenue fund, veterans
29 assistance account (20208), to the state university income fund, Long
30 Island Veterans' Home Account (22652).
31 29. $159,000,000 from the miscellaneous special revenue fund, health-
32 care stability fund account (22267) to the HCRA resources fund, HCRA
33 program account (20807).
34 Labor:
35 1. $600,000 from the miscellaneous special revenue fund, DOL fee and
36 penalty account (21923), to the child performer's protection fund, child
37 performer protection account (20401).
38 2. $11,700,000 from the unemployment insurance interest and penalty
39 fund, unemployment insurance special interest and penalty account
40 (23601), to the general fund.
41 3. $50,000,000 from the DOL fee and penalty account (21923), unemploy-
42 ment insurance special interest and penalty account (23601), and public
43 work enforcement account (21998), to the general fund.
44 4. $850,000 from the miscellaneous special revenue fund, DOL elevator
45 safety program fund (22252) to the miscellaneous special revenue fund,
46 DOL fee and penalty account (21923).
47 5. $22,000,000 from the miscellaneous special revenue fund, Interest
48 and Penalty Account (23601), to the Training and Education Program on
49 Occupation Safety and Health Fund, OSHA Training and Education Account
50 (21251).
51 6. $1,000,000 from the miscellaneous special revenue fund, Public Work
52 Enforcement account (21998), to the Training and Education Program on
53 Occupation Safety and Health Fund, OSHA Training and Education Account
54 (21251).
S. 9005 136 A. 10005
1 7. $4,000,000 from the miscellaneous special revenue fund, Public Work
2 Enforcement account (21998), to the Training and Education Program on
3 Occupational Safety and Health Fund, OSHA Inspection Account (21252).
4 Mental Hygiene:
5 1. $60,000,000 from the general fund, to the mental hygiene facilities
6 capital improvement fund (32300).
7 2. $20,000,000 from the opioid settlement fund (23817) to the miscel-
8 laneous capital projects fund, opioid settlement capital account
9 (32200).
10 3. $20,000,000 from the miscellaneous capital projects fund, opioid
11 settlement capital account (32200) to the opioid settlement fund
12 (23817).
13 Public Protection:
14 1. $2,587,000 from the general fund to the miscellaneous special
15 revenue fund, recruitment incentive account (22171).
16 2. $23,773,000 from the general fund to the correctional industries
17 revolving fund, correctional industries internal service account
18 (55350).
19 3. $2,000,000,000 from any of the division of homeland security and
20 emergency services special revenue federal funds to the general fund.
21 4. $115,420,000 from the state police motor vehicle law enforcement
22 and motor vehicle theft and insurance fraud prevention fund, state
23 police motor vehicle enforcement account (22802), to the general fund
24 for state operation expenses of the division of state police.
25 5. $138,272,000 from the general fund to the correctional facilities
26 capital improvement fund (32350).
27 6. $5,000,000 from the general fund to the dedicated highway and
28 bridge trust fund (30050) for the purpose of work zone safety activities
29 provided by the division of state police for the department of transpor-
30 tation.
31 7. $10,000,000 from the miscellaneous special revenue fund, statewide
32 public safety communications account (22123), to the capital projects
33 fund (30000).
34 8. $9,830,000 from the miscellaneous special revenue fund, legal
35 services assistance account (22096), to the general fund.
36 9. $1,000,000 from the general fund to the agencies internal service
37 fund, neighborhood work project account (55059).
38 10. $7,980,000 from the miscellaneous special revenue fund, finger-
39 print identification & technology account (21950), to the general fund.
40 11. $1,100,000 from the state police motor vehicle law enforcement and
41 motor vehicle theft and insurance fraud prevention fund, motor vehicle
42 theft and insurance fraud account (22801), to the general fund.
43 12. $38,938,000 from the general fund to the miscellaneous special
44 revenue fund, criminal justice improvement account (21945).
45 13. $6,000,000 from the general fund to the miscellaneous special
46 revenue fund, hazard mitigation revolving loan account (22266).
47 14. $234,000,000 from the indigent legal services fund, indigent legal
48 services account (23551) to the general fund.
49 Transportation:
50 1. $20,000,000 from the general fund to the mass transportation oper-
51 ating assistance fund, public transportation systems operating assist-
52 ance account (21401), of which $12,000,000 constitutes the base need for
53 operations.
54 2. $727,500,000 from the general fund to the dedicated highway and
55 bridge trust fund (30050).
S. 9005 137 A. 10005
1 3. $243,250,000 from the general fund to the MTA financial assistance
2 fund, mobility tax trust account (23651).
3 4. $477,000 from the miscellaneous special revenue fund, traffic adju-
4 dication account (22055), to the general fund.
5 5. $5,000,000 from the miscellaneous special revenue fund, transporta-
6 tion regulation account (22067) to the general fund, for disbursements
7 made from such fund for motor carrier safety that are in excess of the
8 amounts deposited in the general fund for such purpose pursuant to
9 section 94 of the transportation law.
10 Miscellaneous:
11 1. $250,000,000 from the general fund to any funds or accounts for the
12 purpose of reimbursing certain outstanding accounts receivable balances.
13 2. $500,000,000 from the general fund to the debt reduction reserve
14 fund (40000).
15 3. $15,500,000 from the general fund, community projects account GG
16 (10256), to the general fund, state purposes account (10050).
17 4. $100,000,000 from any special revenue federal fund to the general
18 fund, state purposes account (10050).
19 5. An amount up to the unencumbered balance from the special revenue
20 federal fund, ARPA-Fiscal Recovery Fund (25546) to the general fund.
21 6. $1,500,000,000 from the general fund to the hazardous waste remedi-
22 al fund, hazardous waste cleanup account (31506), State parks infras-
23 tructure account (30351), environmental protection fund transfer account
24 (30451), the correctional facilities capital improvement fund (32350),
25 housing program fund (31850), or the Mental hygiene facilities capital
26 improvement fund (32300), up to an amount equal to certain outstanding
27 accounts receivable balances.
28 § 4. Notwithstanding any law to the contrary, and in accordance with
29 section 4 of the state finance law, the comptroller is hereby authorized
30 and directed to transfer, on or before March 31, 2027:
31 1. Upon request of the commissioner of environmental conservation, up
32 to $12,745,400 from revenues credited to any of the department of envi-
33 ronmental conservation special revenue funds, including $4,000,000 from
34 the environmental protection and oil spill compensation fund (21200),
35 and $1,834,600 from the conservation fund (21150), to the environmental
36 conservation special revenue fund, indirect charges account (21060).
37 2. Upon request of the commissioner of agriculture and markets, up to
38 $3,000,000 from any special revenue fund or enterprise fund within the
39 department of agriculture and markets to the general fund, to pay appro-
40 priate administrative expenses.
41 3. Upon request of the commissioner of the division of housing and
42 community renewal, up to $6,221,000 from revenues credited to any divi-
43 sion of housing and community renewal federal or miscellaneous special
44 revenue fund to the miscellaneous special revenue fund, housing indirect
45 cost recovery account (22090).
46 4. Upon request of the commissioner of the division of housing and
47 community renewal, up to $5,500,000 may be transferred from any miscel-
48 laneous special revenue fund account, to any miscellaneous special
49 revenue fund.
50 5. Upon request of the commissioner of health up to $13,694,000 from
51 revenues credited to any of the department of health's special revenue
52 funds, to the miscellaneous special revenue fund, administration account
53 (21982).
54 6. Upon the request of the attorney general, up to $5,000,000 from
55 revenues credited to the federal health and human services fund, federal
56 health and human services account (25117) or the miscellaneous special
S. 9005 138 A. 10005
1 revenue fund, recoveries and revenue account (22041), to the miscella-
2 neous special revenue fund, litigation settlement and civil recovery
3 account (22117).
4 § 5. On or before March 31, 2027, the comptroller is hereby authorized
5 and directed to deposit earnings that would otherwise accrue to the
6 general fund that are attributable to the operation of section 98-a of
7 the state finance law, to the agencies internal service fund, banking
8 services account (55057), for the purpose of meeting direct payments
9 from such account.
10 § 6. Notwithstanding any law to the contrary, and in accordance with
11 section 4 of the state finance law, the comptroller is hereby authorized
12 and directed to transfer, upon request of the director of the budget and
13 upon consultation with the state university chancellor or their desig-
14 nee, on or before March 31, 2027, up to $16,000,000 from the state
15 university income fund general revenue account (22653) to the state
16 general fund for debt service costs related to campus supported capital
17 project costs for the NY-SUNY 2020 challenge grant program at the
18 University at Buffalo.
19 § 7. 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 and
22 upon consultation with the state university chancellor or their desig-
23 nee, on or before March 31, 2027, up to $6,500,000 from the state
24 university income fund general revenue account (22653) to the state
25 general fund for debt service costs related to campus supported capital
26 project costs for the NY-SUNY 2020 challenge grant program at the
27 University at Albany.
28 § 8. Notwithstanding any law to the contrary, the state university
29 chancellor or their designee is authorized and directed to transfer
30 estimated tuition revenue balances from the state university collection
31 fund (61000) to the state university income fund, state university
32 general revenue offset account (22655) on or before March 31, 2027.
33 § 9. Notwithstanding any law to the contrary, and in accordance with
34 section 4 of the state finance law, the comptroller is hereby authorized
35 and directed to transfer, upon request of the director of the budget, a
36 total of up to $100,000,000 from the general fund to the state universi-
37 ty income fund, state university general revenue offset account (22655)
38 and/or the state university income fund, state university hospitals
39 income reimbursable account (22656) during the period July 1, 2026
40 through June 30, 2027 to pay costs attributable to the state university
41 health science center at Brooklyn and/or the state university of New
42 York hospital at Brooklyn, respectively, pursuant to a plan approved by
43 the director of the budget.
44 § 10. Notwithstanding any law to the contrary, and in accordance with
45 section 4 of the state finance law, the comptroller is hereby authorized
46 and directed to transfer, upon request of the director of the budget, up
47 to $1,590,638,500 from the general fund to the state university income
48 fund, state university general revenue offset account (22655) during the
49 period of July 1, 2026 through June 30, 2027 to support operations at
50 the state university.
51 § 11. Notwithstanding any law to the contrary, and in accordance with
52 section 4 of the state finance law, the comptroller is hereby authorized
53 and directed to transfer, upon request of the director of the budget, up
54 to $25,000,000 from the general fund to the state university income
55 fund, state university general revenue offset account (22655) during the
S. 9005 139 A. 10005
1 period of April 1, 2026 through June 30, 2026 to support operations at
2 the state university.
3 § 12. Notwithstanding any law to the contrary, and in accordance with
4 section 4 of the state finance law, the comptroller is hereby authorized
5 and directed to transfer, upon request of the director of the budget, up
6 to $51,120,000 from the general fund to the state university income
7 fund, state university general revenue offset account (22655) during the
8 period of July 1, 2026 to June 30, 2027 for general fund operating
9 support pursuant to subparagraph (4-b) of paragraph h of subdivision 2
10 of section three hundred fifty-five of the education law.
11 § 13. Notwithstanding any law to the contrary, and in accordance with
12 section 4 of the state finance law, the comptroller is hereby authorized
13 and directed to transfer, upon request of the state university chancel-
14 lor or their designee, up to $55,000,000 from the state university
15 income fund, state university hospitals income reimbursable account
16 (22656), for services and expenses of hospital operations and capital
17 expenditures at the state university hospitals; and the state university
18 income fund, Long Island veterans' home account (22652) to the state
19 university capital projects fund (32400) on or before June 30, 2027.
20 § 14. Notwithstanding any law to the contrary, and in accordance with
21 section 4 of the state finance law, the comptroller, after consultation
22 with the state university chancellor or their designee, is hereby
23 authorized and directed to transfer moneys, in the first instance, from
24 the state university collection fund, Stony Brook hospital collection
25 account (61006), Brooklyn hospital collection account (61007), and Syra-
26 cuse hospital collection account (61008) to the state university income
27 fund, state university hospitals income reimbursable account (22656) in
28 the event insufficient funds are available in the state university
29 income fund, state university hospitals income reimbursable account
30 (22656) to permit the full transfer of moneys authorized for transfer,
31 to the general fund for payment of debt service related to the SUNY
32 hospitals. Notwithstanding any law to the contrary, the comptroller is
33 also hereby authorized and directed, after consultation with the state
34 university chancellor or their designee, to transfer moneys from the
35 state university income fund to the state university income fund, state
36 university hospitals income reimbursable account (22656) in the event
37 insufficient funds are available in the state university income fund,
38 state university hospitals income reimbursable account (22656) to pay
39 hospital operating costs or to permit the full transfer of moneys
40 authorized for transfer, to the general fund for payment of debt service
41 related to the SUNY hospitals on or before March 31, 2027.
42 § 15. Notwithstanding any law to the contrary, upon the direction of
43 the director of the budget and the chancellor of the state university of
44 New York or their designee, and in accordance with section 4 of the
45 state finance law, the comptroller is hereby authorized and directed to
46 transfer monies from the state university dormitory income fund (40350)
47 to the state university residence hall rehabilitation fund (30100), and
48 from the state university residence hall rehabilitation fund (30100) to
49 the state university dormitory income fund (40350), in an amount not to
50 exceed $125 million from each fund.
51 § 16. Notwithstanding any law to the contrary, and in accordance with
52 section 4 of the state finance law, the comptroller is hereby authorized
53 and directed to transfer, at the request of the director of the budget,
54 up to $1,000,000,000 from the unencumbered balance of any special reven-
55 ue fund or account, agency fund or account, internal service fund or
56 account, enterprise fund or account, or any combination of such funds
S. 9005 140 A. 10005
1 and accounts, to the general fund. The amounts transferred pursuant to
2 this authorization shall be in addition to any other transfers expressly
3 authorized in the 2026-27 budget. Transfers from federal funds, debt
4 service funds, capital projects funds, the community projects fund, or
5 funds that would result in the loss of eligibility for federal benefits
6 or federal funds pursuant to federal law, rule, or regulation as assent-
7 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
8 1951 are not permitted pursuant to this authorization.
9 § 17. 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, at the request of the director of the budget,
12 up to $100 million from any non-general fund or account, or combination
13 of funds and accounts, to the miscellaneous special revenue fund, tech-
14 nology financing account (22207), the miscellaneous capital projects
15 fund, the federal capital projects account (31350), information technol-
16 ogy capital financing account (32215), or the centralized technology
17 services account (55069), for the purpose of consolidating technology
18 procurement and services. The amounts transferred to the miscellaneous
19 special revenue fund, technology financing account (22207) pursuant to
20 this authorization shall be equal to or less than the amount of such
21 monies intended to support information technology costs which are
22 attributable, according to a plan, to such account made in pursuance to
23 an appropriation by law. Transfers to the technology financing account
24 shall be completed from amounts collected by non-general funds or
25 accounts pursuant to a fund deposit schedule or permanent statute, and
26 shall be transferred to the technology financing account pursuant to a
27 schedule agreed upon by the affected agency commissioner. Transfers from
28 funds that would result in the loss of eligibility for federal benefits
29 or federal funds pursuant to federal law, rule, or regulation as assent-
30 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
31 1951 are not permitted pursuant to this authorization.
32 § 18. Notwithstanding any law to the contrary, and in accordance with
33 section 4 of the state finance law, the comptroller is hereby authorized
34 and directed to transfer, at the request of the director of the budget,
35 up to $400 million from any non-general fund or account, or combination
36 of funds and accounts, to the general fund for the purpose of consol-
37 idating technology procurement and services. The amounts transferred
38 pursuant to this authorization shall be equal to or less than the amount
39 of such monies intended to support information technology costs which
40 are attributable, according to a plan, to such account made in pursuance
41 to an appropriation by law. Transfers to the general fund shall be
42 completed from amounts collected by non-general funds or accounts pursu-
43 ant to a fund deposit schedule. Transfers from funds that would result
44 in the loss of eligibility for federal benefits or federal funds pursu-
45 ant to federal law, rule, or regulation as assented to in chapter 683 of
46 the laws of 1938 and chapter 700 of the laws of 1951 are not permitted
47 pursuant to this authorization.
48 § 19. Notwithstanding any provision of law to the contrary, as deemed
49 feasible and advisable by its trustees, the power authority of the state
50 of New York is authorized and directed to transfer to the state treasury
51 to the credit of the general fund up to $10,000,000 for the state fiscal
52 year commencing April 1, 2026, the proceeds of which will be utilized to
53 support energy-related state activities.
54 § 20. Notwithstanding any provision of law to the contrary, as deemed
55 feasible and advisable by its trustees, the power authority of the state
56 of New York is authorized to transfer to the state treasury to the cred-
S. 9005 141 A. 10005
1 it of the general fund up to $25,000,000 for the state fiscal year
2 commencing April 1, 2026, the proceeds of which will be utilized to
3 support programs established or implemented by or within the department
4 of labor, including but not limited to the office of just energy transi-
5 tion and programs for workforce training and retraining, to prepare
6 workers for employment for work in the renewable energy field.
7 § 21. Notwithstanding any provision of law, rule or regulation to the
8 contrary, the New York state energy research and development authority
9 is authorized and directed to contribute $913,000 to the state treasury
10 to the credit of the general fund on or before March 31, 2027.
11 § 22. Notwithstanding any provision of law, rule or regulation to the
12 contrary, the New York state energy research and development authority
13 is authorized and directed to transfer five million dollars to the cred-
14 it of the Environmental Protection Fund on or before March 31, 2027 from
15 proceeds collected by the authority from the auction or sale of carbon
16 dioxide emission allowances allocated by the department of environmental
17 conservation.
18 § 23. Subdivision 5 of section 97-rrr of the state finance law, as
19 amended by section 23 of part MM of chapter 56 of the laws of 2025, is
20 amended to read as follows:
21 5. Notwithstanding the provisions of section one hundred seventy-one-a
22 of the tax law, as separately amended by chapters four hundred eighty-
23 one and four hundred eighty-four of the laws of nineteen hundred eight-
24 y-one, and notwithstanding the provisions of chapter ninety-four of the
25 laws of two thousand eleven, or any other provisions of law to the
26 contrary, during the fiscal year beginning April first, two thousand
27 [twenty-five] twenty-six, the state comptroller is hereby authorized and
28 directed to deposit to the fund created pursuant to this section from
29 amounts collected pursuant to article twenty-two of the tax law and
30 pursuant to a schedule submitted by the director of the budget, up to
31 [$1,396,911,000] $1,294,911,000 as may be certified in such schedule as
32 necessary to meet the purposes of such fund for the fiscal year begin-
33 ning April first, two thousand [twenty-five] twenty-six.
34 § 24. Notwithstanding any law to the contrary, the comptroller is
35 hereby authorized and directed to transfer, upon request of the director
36 of the budget, on or before March 31, 2027, the following amounts from
37 the following special revenue accounts to the capital projects fund
38 (30000), for the purposes of reimbursement to such fund for expenses
39 related to the maintenance and preservation of state assets:
40 1. $43,000 from the miscellaneous special revenue fund, administrative
41 program account (21982).
42 2. $1,690,000 from the miscellaneous special revenue fund, helen hayes
43 hospital account (22140).
44 3. $219,000 from the miscellaneous special revenue fund, New York city
45 veterans' home account (22141).
46 4. $840,000 from the miscellaneous special revenue fund, New York
47 state home for veterans' and their dependents at oxford account (22142).
48 5. $176,000 from the miscellaneous special revenue fund, western New
49 York veterans' home account (22143).
50 6. $492,000 from the miscellaneous special revenue fund, New York
51 state for veterans in the lower-hudson valley account (22144).
52 7. $2,550,000 from the miscellaneous special revenue fund, patron
53 services account (22163).
54 8. $5,000,000 from the miscellaneous special revenue fund, state
55 university general income reimbursable account (22653).
S. 9005 142 A. 10005
1 9. $110,000,000 from the miscellaneous special revenue fund, state
2 university revenue offset account (22655).
3 10. $35,000,000 from the state university dormitory income fund, state
4 university dormitory income fund (40350).
5 11. $1,000,000 from the miscellaneous special revenue fund, litigation
6 settlement and civil recovery account (22117).
7 § 25. Notwithstanding any law to the contrary, the comptroller is
8 hereby authorized and directed to transfer, upon request of the director
9 of the budget, on or before March 31, 2027 the following amounts from
10 the following special revenue accounts or enterprise funds to the gener-
11 al fund, for the purposes of offsetting principal and interest costs,
12 incurred by the state pursuant to section 53 of part PP of chapter 56 of
13 the laws of 2023, provided that the annual amount of the transfer shall
14 be no more than the principal and interest that would have otherwise
15 been due to the power authority of the state of New York, from any state
16 agency, in a given state fiscal year. Amounts pertaining to special
17 revenue accounts assigned to the state university of New York shall be
18 considered interchangeable between the designated special revenue
19 accounts as to meet the requirements of this section and section 52 of
20 part RR of chapter 56 of the laws of 2023:
21 1. $15,000,000 from the miscellaneous special revenue fund, state
22 university general income reimbursable account (22653).
23 2. $5,000,000 from state university dormitory income fund, state
24 university dormitory income fund (40350).
25 3. $5,000,000 from the enterprise fund, city university senior college
26 operating fund (60851).
27 § 26. Paragraph (a) of subdivision 2 of section 47-e of the private
28 housing finance law, as amended by section 32 of part MM of chapter 56
29 of the laws of 2025, is amended to read as follows:
30 (a) Subject to the provisions of chapter fifty-nine of the laws of two
31 thousand, in order to enhance and encourage the promotion of housing
32 programs and thereby achieve the stated purposes and objectives of such
33 housing programs, the agency shall have the power and is hereby author-
34 ized from time to time to issue negotiable housing program bonds and
35 notes in such principal amount as shall be necessary to provide suffi-
36 cient funds for the repayment of amounts disbursed (and not previously
37 reimbursed) pursuant to law or any prior year making capital appropri-
38 ations or reappropriations for the purposes of the housing program;
39 provided, however, that the agency may issue such bonds and notes in an
40 aggregate principal amount not exceeding [sixteen billion seven hundred
41 seventy-seven million nine hundred sixty-four thousand dollars
42 $16,777,964,000] seventeen billion six hundred thirty-seven million one
43 hundred sixty-four thousand dollars $17,637,164,000, excluding bonds
44 issued after April first, two thousand twenty-five to (i) fund one or
45 more debt service reserve funds, (ii) pay costs of issuance of such
46 bonds, and (iii) refund or otherwise repay such bonds or notes previous-
47 ly issued, provided that nothing herein shall affect the exclusion of
48 refunding debt issued prior to such date. No reserve fund securing the
49 housing program bonds shall be entitled or eligible to receive state
50 funds apportioned or appropriated to maintain or restore such reserve
51 fund at or to a particular level, except to the extent of any deficiency
52 resulting directly or indirectly from a failure of the state to appro-
53 priate or pay the agreed amount under any of the contracts provided for
54 in subdivision four of this section.
55 § 27. Subdivision 1 of section 16 of part D of chapter 389 of the laws
56 of 1997, relating to the financing of the correctional facilities
S. 9005 143 A. 10005
1 improvement fund and the youth facility improvement fund, as amended by
2 section 53 of part MM of chapter 56 of the laws of 2025, is amended to
3 read as follows:
4 1. Subject to the provisions of chapter 59 of the laws of 2000, but
5 notwithstanding the provisions of section 18 of section 1 of chapter 174
6 of the laws of 1968, the New York state urban development corporation is
7 hereby authorized to issue bonds, notes and other obligations in an
8 aggregate principal amount not to exceed [eleven billion one hundred
9 seventeen million three hundred fifty-nine thousand dollars
10 $11,117,359,000] eleven billion five hundred thirty-six million five
11 hundred fifty-nine thousand dollars $11,536,559,000, excluding bonds
12 issued after April first, two thousand twenty-five to (i) fund one or
13 more debt service reserve funds, (ii) pay costs of issuance of such
14 bonds, and (iii) refund or otherwise repay such bonds or notes previous-
15 ly issued, provided that nothing herein shall affect the exclusion of
16 refunding debt issued prior to such date.
17 § 28. Paragraph (c) of subdivision 14 of section 1680 of the public
18 authorities law, as amended by section 34 of part MM of chapter 56 of
19 the laws of 2025, is amended to read as follows:
20 (c) Subject to the provisions of chapter fifty-nine of the laws of two
21 thousand, (i) the dormitory authority shall not deliver a series of
22 bonds for city university community college facilities, except to refund
23 or to be substituted for or in lieu of other bonds in relation to city
24 university community college facilities pursuant to a resolution of the
25 dormitory authority adopted before July first, nineteen hundred eighty-
26 five or any resolution supplemental thereto, if the principal amount of
27 bonds so to be issued when added to all principal amounts of bonds
28 previously issued by the dormitory authority for city university commu-
29 nity college facilities, except to refund or to be substituted in lieu
30 of other bonds in relation to city university community college facili-
31 ties will exceed the sum of four hundred twenty-five million dollars and
32 (ii) the dormitory authority shall not deliver a series of bonds issued
33 for city university facilities, including community college facilities,
34 pursuant to a resolution of the dormitory authority adopted on or after
35 July first, nineteen hundred eighty-five, except to refund or to be
36 substituted for or in lieu of other bonds in relation to city university
37 facilities and except for bonds issued pursuant to a resolution supple-
38 mental to a resolution of the dormitory authority adopted prior to July
39 first, nineteen hundred eighty-five, if the principal amount of bonds so
40 to be issued when added to the principal amount of bonds previously
41 issued pursuant to any such resolution, except bonds issued to refund or
42 to be substituted for or in lieu of other bonds in relation to city
43 university facilities, will exceed [twelve billion three hundred million
44 three hundred sixty-eight thousand dollars $12,300,368,000] twelve
45 billion six hundred seventy-one million nine hundred four thousand
46 dollars $12,671,904,000, excluding bonds issued after April first, two
47 thousand twenty-five to (i) fund one or more debt service reserve funds,
48 (ii) pay costs of issuance of such bonds, and (iii) refund or otherwise
49 repay such bonds or notes previously issued, provided that nothing here-
50 in shall affect the exclusion of refunding debt issued prior to such
51 date. The legislature reserves the right to amend or repeal such limit,
52 and the state of New York, the dormitory authority, the city university,
53 and the fund are prohibited from covenanting or making any other agree-
54 ments with or for the benefit of bondholders which might in any way
55 affect such right.
S. 9005 144 A. 10005
1 § 29. Subdivision 1 of section 1689-i of the public authorities law,
2 as amended by section 35 of part MM of chapter 56 of the laws of 2025,
3 is amended to read as follows:
4 1. The dormitory authority is authorized to issue bonds, at the
5 request of the commissioner of education, to finance eligible library
6 construction projects pursuant to section two hundred seventy-three-a of
7 the education law, in amounts certified by such commissioner not to
8 exceed a total principal amount of [four hundred fifty-five million
9 dollars $455,000,000] four hundred eighty-nine million dollars
10 $489,000,000.
11 § 30. Paragraph (c) of subdivision 19 of section 1680 of the public
12 authorities law, as amended by section 36 of part MM of chapter 56 of
13 the laws of 2025, is amended to read as follows:
14 (c) Subject to the provisions of chapter fifty-nine of the laws of two
15 thousand, the dormitory authority shall not issue any bonds for state
16 university educational facilities purposes if the principal amount of
17 bonds to be issued when added to the aggregate principal amount of bonds
18 issued by the dormitory authority on and after July first, nineteen
19 hundred eighty-eight for state university educational facilities will
20 exceed [twenty billion nine hundred forty-eight million one hundred
21 sixty-four thousand dollars $20,948,164,000] twenty-one billion six
22 hundred ninety-three million one hundred sixty-four thousand dollars
23 $21,693,164,000, excluding bonds issued after April first, two thousand
24 twenty-five to (i) fund one or more debt service reserve funds, (ii) pay
25 costs of issuance of such bonds, and (iii) refund or otherwise repay
26 such bonds or notes previously issued, provided that nothing herein
27 shall affect the exclusion of refunding debt issued prior to such date.
28 The legislature reserves the right to amend or repeal such limit, and
29 the state of New York, the dormitory authority, the state university of
30 New York, and the state university construction fund are prohibited from
31 covenanting or making any other agreements with or for the benefit of
32 bondholders which might in any way affect such right.
33 § 31. Subdivision 10-a of section 1680 of the public authorities law,
34 as amended by section 37 of part MM of chapter 56 of the laws of 2025,
35 is amended to read as follows:
36 10-a. Subject to the provisions of chapter fifty-nine of the laws of
37 two thousand, but notwithstanding any other provision of the law to the
38 contrary, the maximum amount of bonds and notes to be issued after March
39 thirty-first, two thousand two, on behalf of the state, in relation to
40 any locally sponsored community college, shall be [one billion four
41 hundred ninety-five million seven hundred seventy-four thousand dollars
42 $1,495,774,000] one billion six hundred twenty-three million eight
43 hundred eighty-four thousand dollars $1,623,884,000. Such amount shall
44 be exclusive of bonds and notes issued to fund any reserve fund or
45 funds, costs of issuance and to refund any outstanding bonds and notes,
46 issued on behalf of the state, relating to a locally sponsored community
47 college.
48 § 32. Paragraph b of subdivision 2 of section 9-a of section 1 of
49 chapter 392 of the laws of 1973, constituting the New York state medical
50 care facilities finance agency act, as amended by section 38 of part MM
51 of chapter 56 of the laws of 2025, is amended to read as follows:
52 b. The agency shall have power and is hereby authorized from time to
53 time to issue negotiable bonds and notes in conformity with applicable
54 provisions of the uniform commercial code in such principal amount as,
55 in the opinion of the agency, shall be necessary, after taking into
56 account other moneys which may be available for the purpose, to provide
S. 9005 145 A. 10005
1 sufficient funds to the facilities development corporation, or any
2 successor agency, for the financing or refinancing of or for the design,
3 construction, acquisition, reconstruction, rehabilitation or improvement
4 of mental health services facilities pursuant to paragraph a of this
5 subdivision, the payment of interest on mental health services improve-
6 ment bonds and mental health services improvement notes issued for such
7 purposes, the establishment of reserves to secure such bonds and notes,
8 the cost or premium of bond insurance or the costs of any financial
9 mechanisms which may be used to reduce the debt service that would be
10 payable by the agency on its mental health services facilities improve-
11 ment bonds and notes and all other expenditures of the agency incident
12 to and necessary or convenient to providing the facilities development
13 corporation, or any successor agency, with funds for the financing or
14 refinancing of or for any such design, construction, acquisition, recon-
15 struction, rehabilitation or improvement and for the refunding of mental
16 hygiene improvement bonds issued pursuant to section 47-b of the private
17 housing finance law; provided, however, that the agency shall not issue
18 mental health services facilities improvement bonds and mental health
19 services facilities improvement notes in an aggregate principal amount
20 exceeding [thirteen billion six hundred thirty-nine million five hundred
21 fifty-four thousand dollars $13,639,554,000] fourteen billion two
22 hundred ninety-nine million four hundred fifty-two thousand dollars
23 $14,299,452,000, excluding bonds issued after April first, two thousand
24 twenty-five to (i) fund one or more debt service reserve funds, (ii) pay
25 costs of issuance of such bonds, and (iii) refund or otherwise repay
26 such bonds or notes previously issued, provided that nothing herein
27 shall affect the exclusion of refunding debt issued prior to such date.
28 The director of the budget shall allocate the aggregate principal
29 authorized to be issued by the agency among the office of mental health,
30 office for people with developmental disabilities, and the office of
31 addiction services and supports, in consultation with their respective
32 commissioners to finance bondable appropriations previously approved by
33 the legislature.
34 § 33. Subdivision (a) of section 48 of part K of chapter 81 of the
35 laws of 2002, relating to providing for the administration of certain
36 funds and accounts related to the 2002-2003 budget, as amended by
37 section 39 of part MM of chapter 56 of the laws of 2025, is amended to
38 read as follows:
39 (a) Subject to the provisions of chapter 59 of the laws of 2000 but
40 notwithstanding the provisions of section 18 of the urban development
41 corporation act, the corporation is hereby authorized to issue bonds or
42 notes in one or more series in an aggregate principal amount not to
43 exceed [five hundred fifty million five hundred thousand dollars
44 $550,500,000] seven hundred eight million one hundred thousand dollars
45 $708,100,000, excluding bonds issued to fund one or more debt service
46 reserve funds, to pay costs of issuance of such bonds, and bonds or
47 notes issued to refund or otherwise repay such bonds or notes previously
48 issued, for the purpose of financing capital costs related to homeland
49 security and training facilities for the division of state police, the
50 division of military and naval affairs, and any other state agency,
51 including the reimbursement of any disbursements made from the state
52 capital projects fund, and is hereby authorized to issue bonds or notes
53 in one or more series in an aggregate principal amount not to exceed
54 [two billion one hundred sixty-eight million three hundred thirty-one
55 thousand dollars $2,168,331,000] two billion five hundred twenty million
56 eight hundred six thousand dollars $2,520,806,000, excluding bonds
S. 9005 146 A. 10005
1 issued to fund one or more debt service reserve funds, to pay costs of
2 issuance of such bonds, and bonds or notes issued to refund or otherwise
3 repay such bonds or notes previously issued, for the purpose of financ-
4 ing improvements to State office buildings and other facilities located
5 statewide, including the reimbursement of any disbursements made from
6 the state capital projects fund. Such bonds and notes of the corporation
7 shall not be a debt of the state, and the state shall not be liable
8 thereon, nor shall they be payable out of any funds other than those
9 appropriated by the state to the corporation for debt service and
10 related expenses pursuant to any service contracts executed pursuant to
11 subdivision (b) of this section, and such bonds and notes shall contain
12 on the face thereof a statement to such effect.
13 § 34. Subdivision 1 of section 47 of section 1 of chapter 174 of the
14 laws of 1968, constituting the New York state urban development corpo-
15 ration act, as amended by section 40 of part MM of chapter 56 of the
16 laws of 2025, is amended to read as follows:
17 1. Notwithstanding the provisions of any other law to the contrary,
18 the dormitory authority and the corporation are hereby authorized to
19 issue bonds or notes in one or more series for the purpose of funding
20 project costs for the office of information technology services, depart-
21 ment of law, and other state costs associated with such capital
22 projects. The aggregate principal amount of bonds authorized to be
23 issued pursuant to this section shall not exceed [one billion eight
24 hundred seventy-three million four hundred twelve thousand dollars
25 $1,873,412,000] two billion four million one hundred twelve thousand
26 dollars $2,004,112,000, excluding bonds issued to fund one or more debt
27 service reserve funds, to pay costs of issuance of such bonds, and bonds
28 or notes issued to refund or otherwise repay such bonds or notes previ-
29 ously issued. Such bonds and notes of the dormitory authority and the
30 corporation shall not be a debt of the state, and the state shall not be
31 liable thereon, nor shall they be payable out of any funds other than
32 those appropriated by the state to the dormitory authority and the
33 corporation for principal, interest, and related expenses pursuant to a
34 service contract and such bonds and notes shall contain on the face
35 thereof a statement to such effect. Except for purposes of complying
36 with the internal revenue code, any interest income earned on bond
37 proceeds shall only be used to pay debt service on such bonds.
38 § 35. Subdivision (b) of section 11 of chapter 329 of the laws of
39 1991, amending the state finance law and other laws relating to the
40 establishment of the dedicated highway and bridge trust fund, as amended
41 by section 41 of part MM of chapter 56 of the laws of 2025, is amended
42 to read as follows:
43 (b) Any service contract or contracts for projects authorized pursuant
44 to sections 10-c, 10-f, 10-g and 80-b of the highway law and section
45 14-k of the transportation law, and entered into pursuant to subdivision
46 (a) of this section, shall provide for state commitments to provide
47 annually to the thruway authority a sum or sums, upon such terms and
48 conditions as shall be deemed appropriate by the director of the budget,
49 to fund, or fund the debt service requirements of any bonds or any obli-
50 gations of the thruway authority issued to fund or to reimburse the
51 state for funding such projects having a cost not in excess of [fifteen
52 billion eight hundred twenty-two million three hundred eighty-four thou-
53 sand dollars $15,822,384,000] sixteen billion seven hundred fifty
54 million one hundred eighty-one thousand dollars $16,750,181,000. Such
55 limit shall exclude bonds issued after April first, two thousand twen-
56 ty-five to (i) fund one or more debt service reserve funds, (ii) pay
S. 9005 147 A. 10005
1 costs of issuance of such bonds, and (iii) refund or otherwise repay
2 such bonds or notes previously issued, provided that nothing herein
3 shall affect the exclusion of refunding debt issued prior to such date.
4 For purposes of this subdivision, such projects shall be deemed to
5 include capital grants to cities, towns and villages for the reimburse-
6 ment of eligible capital costs of local highway and bridge projects
7 within such municipality, where allocations to cities, towns and
8 villages are based on the total number of New York or United States or
9 interstate signed touring route miles for which such municipality has
10 capital maintenance responsibility, and where such eligible capital
11 costs include the costs of construction and repair of highways, bridges,
12 highway-railroad crossings, and other transportation facilities for
13 projects with a service life of ten years or more.
14 § 36. Subdivision 1 of section 53 of section 1 of chapter 174 of the
15 laws of 1968, constituting the New York state urban development corpo-
16 ration act, as amended by section 42 of part MM of chapter 56 of the
17 laws of 2025, is amended to read as follows:
18 1. Notwithstanding the provisions of any other law to the contrary,
19 the dormitory authority and the urban development corporation are hereby
20 authorized to issue bonds or notes in one or more series for the purpose
21 of funding project costs for the acquisition of equipment, including but
22 not limited to the creation or modernization of information technology
23 systems and related research and development equipment, health and safe-
24 ty equipment, heavy equipment and machinery, the creation or improvement
25 of security systems, and laboratory equipment and other state costs
26 associated with such capital projects. The aggregate principal amount
27 of bonds authorized to be issued pursuant to this section shall not
28 exceed [six hundred ninety-three million dollars $693,000,000] seven
29 hundred ninety-three million dollars $793,000,000, excluding bonds
30 issued to fund one or more debt service reserve funds, to pay costs of
31 issuance of such bonds, and bonds or notes issued to refund or otherwise
32 repay such bonds or notes previously issued. Such bonds and notes of the
33 dormitory authority and the urban development corporation shall not be a
34 debt of the state, and the state shall not be liable thereon, nor shall
35 they be payable out of any funds other than those appropriated by the
36 state to the dormitory authority and the urban development corporation
37 for principal, interest, and related expenses pursuant to a service
38 contract and such bonds and notes shall contain on the face thereof a
39 statement to such effect. Except for purposes of complying with the
40 internal revenue code, any interest income earned on bond proceeds shall
41 only be used to pay debt service on such bonds.
42 § 37. Subdivision 3 of section 1285-p of the public authorities law,
43 as amended by section 43 of part MM of chapter 56 of the laws of 2025,
44 is amended to read as follows:
45 3. The maximum amount of bonds that may be issued for the purpose of
46 financing environmental infrastructure projects authorized by this
47 section shall be [fourteen billion four hundred eighty million eight
48 hundred sixty thousand dollars $14,480,860,000] sixteen billion six
49 hundred forty million six hundred sixty thousand dollars
50 $16,640,660,000, exclusive of bonds issued to fund any debt service
51 reserve funds, pay costs of issuance of such bonds, and bonds or notes
52 issued to refund or otherwise repay bonds or notes previously issued.
53 Such bonds and notes of the corporation shall not be a debt of the
54 state, and the state shall not be liable thereon, nor shall they be
55 payable out of any funds other than those appropriated by the state to
56 the corporation for debt service and related expenses pursuant to any
S. 9005 148 A. 10005
1 service contracts executed pursuant to subdivision one of this section,
2 and such bonds and notes shall contain on the face thereof a statement
3 to such effect.
4 § 38. Subdivision 1 of section 17 of part D of chapter 389 of the laws
5 of 1997, relating to the financing of the correctional facilities
6 improvement fund and the youth facility improvement fund, as amended by
7 section 44 of part MM of chapter 56 of the laws of 2025, is amended to
8 read as follows:
9 1. Subject to the provisions of chapter 59 of the laws of 2000, but
10 notwithstanding the provisions of section 18 of section 1 of chapter 174
11 of the laws of 1968, the New York state urban development corporation is
12 hereby authorized to issue bonds, notes and other obligations in an
13 aggregate principal amount not to exceed [one billion two hundred seven-
14 teen million seven hundred fifty-five thousand dollars $1,217,755,000]
15 one billion two hundred seventy million five hundred eighty thousand
16 dollars $1,270,580,000, excluding bonds issued after April first, two
17 thousand twenty-five to (a) fund one or more debt service reserve funds,
18 (b) to pay costs of issuance of such bonds, and (c) refund or otherwise
19 repay such bonds or notes previously issued, provided that nothing here-
20 in shall affect the exclusion of refunding debt issued prior to such
21 date. Which authorization increases the aggregate principal amount of
22 bonds, notes and other obligations authorized by section 40 of chapter
23 309 of the laws of 1996, and shall include all bonds, notes and other
24 obligations issued pursuant to chapter 211 of the laws of 1990, as
25 amended or supplemented. The proceeds of such bonds, notes or other
26 obligations shall be paid to the state, for deposit in the youth facili-
27 ties improvement fund or the capital projects fund, to pay for all or
28 any portion of the amount or amounts paid by the state from appropri-
29 ations or reappropriations made to the office of children and family
30 services from the youth facilities improvement fund or the capital
31 projects fund for capital projects.
32 § 39. Subdivision 1 of section 386-b of the public authorities law, as
33 amended by section 45 of part MM of chapter 56 of the laws of 2025, is
34 amended to read as follows:
35 1. Notwithstanding any other provision of law to the contrary, the
36 authority, the dormitory authority and the urban development corporation
37 are hereby authorized to issue bonds or notes in one or more series for
38 the purpose of financing peace bridge projects and capital costs of
39 state and local highways, parkways, bridges, the New York state thruway,
40 Indian reservation roads, and facilities, and transportation infrastruc-
41 ture projects including aviation projects, non-MTA mass transit
42 projects, and rail service preservation projects, including work appur-
43 tenant and ancillary thereto. The aggregate principal amount of bonds
44 authorized to be issued pursuant to this section shall not exceed
45 [seventeen billion thirty million twenty-seven thousand dollars
46 $17,030,027,000] eighteen billion five hundred thirty-two million three
47 hundred eighty-five thousand dollars $18,532,385,000, excluding bonds
48 issued to fund one or more debt service reserve funds, to pay costs of
49 issuance of such bonds, and to refund or otherwise repay such bonds or
50 notes previously issued. Such bonds and notes of the authority, the
51 dormitory authority and the urban development corporation shall not be a
52 debt of the state, and the state shall not be liable thereon, nor shall
53 they be payable out of any funds other than those appropriated by the
54 state to the authority, the dormitory authority and the urban develop-
55 ment corporation for principal, interest, and related expenses pursuant
56 to a service contract and such bonds and notes shall contain on the face
S. 9005 149 A. 10005
1 thereof a statement to such effect. Except for purposes of complying
2 with the internal revenue code, any interest income earned on bond
3 proceeds shall only be used to pay debt service on such bonds.
4 § 40. Subdivision 1 of section 44 of section 1 of chapter 174 of the
5 laws of 1968, constituting the New York state urban development corpo-
6 ration act, as amended by section 46 of part MM of chapter 56 of the
7 laws of 2025, is amended to read as follows:
8 1. Notwithstanding the provisions of any other law to the contrary,
9 the dormitory authority and the corporation are hereby authorized to
10 issue bonds or notes in one or more series for the purpose of funding
11 project costs for the regional economic development council initiative,
12 the economic transformation program, state university of New York
13 college for nanoscale and science engineering, projects within the city
14 of Buffalo or surrounding environs, the New York works economic develop-
15 ment fund, projects for the retention of professional football in west-
16 ern New York, the empire state economic development fund, the clarkson-
17 trudeau partnership, the New York genome center, the Cornell university
18 college of veterinary medicine, the olympic regional development author-
19 ity, projects at nano Utica, Onondaga county revitalization projects,
20 Binghamton university school of pharmacy, New York power electronics
21 manufacturing consortium, regional infrastructure projects, high tech
22 innovation and economic development infrastructure program, high tech-
23 nology manufacturing projects in Chautauqua and Erie county, an indus-
24 trial scale research and development facility in Clinton county, upstate
25 revitalization initiative projects, downstate revitalization initiative,
26 market New York projects, fairground buildings, equipment or facilities
27 used to house and promote agriculture, the state fair, the empire state
28 trail, the moynihan station development project, the Kingsbridge armory
29 project, strategic economic development projects, the cultural, arts and
30 public spaces fund, water infrastructure in the city of Auburn and town
31 of Owasco, a life sciences laboratory public health initiative, not-for-
32 profit pounds, shelters and humane societies, arts and cultural facili-
33 ties improvement program, restore New York's communities initiative,
34 heavy equipment, economic development and infrastructure projects,
35 Roosevelt Island operating corporation capital projects, Lake Ontario
36 regional projects, Pennsylvania station and other transit projects,
37 athletic facilities for professional football in Orchard Park, New York,
38 Rush - NY, New York AI Consortium, New York Creates UEV Tool, and other
39 state costs associated with such projects. The aggregate principal
40 amount of bonds authorized to be issued pursuant to this section shall
41 not exceed [twenty-three billion seven hundred five million two hundred
42 fifty-three thousand dollars $23,705,253,000] twenty-five billion two
43 hundred fifty-eight million four hundred fifty-three thousand dollars
44 $25,258,453,000, excluding bonds issued to fund one or more debt service
45 reserve funds, to pay costs of issuance of such bonds, and bonds or
46 notes issued to refund or otherwise repay such bonds or notes previously
47 issued. Such bonds and notes of the dormitory authority and the corpo-
48 ration shall not be a debt of the state, and the state shall not be
49 liable thereon, nor shall they be payable out of any funds other than
50 those appropriated by the state to the dormitory authority and the
51 corporation for principal, interest, and related expenses pursuant to a
52 service contract and such bonds and notes shall contain on the face
53 thereof a statement to such effect. Except for purposes of complying
54 with the internal revenue code, any interest income earned on bond
55 proceeds shall only be used to pay debt service on such bonds.
S. 9005 150 A. 10005
1 § 41. Subdivision (a) of section 28 of part Y of chapter 61 of the
2 laws of 2005, relating to providing for the administration of certain
3 funds and accounts related to the 2005-2006 budget, as amended by
4 section 47 of part MM of chapter 56 of the laws of 2025, is amended to
5 read as follows:
6 (a) Subject to the provisions of chapter 59 of the laws of 2000, but
7 notwithstanding any provisions of law to the contrary, one or more
8 authorized issuers as defined by section 68-a of the state finance law
9 are hereby authorized to issue bonds or notes in one or more series in
10 an aggregate principal amount not to exceed [three hundred ninety-seven
11 million dollars $397,000,000] four hundred forty-two million dollars
12 $442,000,000, excluding bonds issued to finance one or more debt service
13 reserve funds, to pay costs of issuance of such bonds, and bonds or
14 notes issued to refund or otherwise repay such bonds or notes previously
15 issued, for the purpose of financing capital projects for public
16 protection facilities in the Division of Military and Naval Affairs,
17 debt service and leases; and to reimburse the state general fund for
18 disbursements made therefor. Such bonds and notes of such authorized
19 issuer shall not be a debt of the state, and the state shall not be
20 liable thereon, nor shall they be payable out of any funds other than
21 those appropriated by the state to such authorized issuer for debt
22 service and related expenses pursuant to any service contract executed
23 pursuant to subdivision (b) of this section and such bonds and notes
24 shall contain on the face thereof a statement to such effect. Except for
25 purposes of complying with the internal revenue code, any interest
26 income earned on bond proceeds shall only be used to pay debt service on
27 such bonds.
28 § 42. Subdivision 1 of section 50 of section 1 of chapter 174 of the
29 laws of 1968, constituting the New York state urban development corpo-
30 ration act, as amended by section 48 of part MM of chapter 56 of the
31 laws of 2025, is amended to read as follows:
32 1. Notwithstanding the provisions of any other law to the contrary,
33 the dormitory authority and the urban development corporation are hereby
34 authorized to issue bonds or notes in one or more series for the purpose
35 of funding project costs undertaken by or on behalf of the state educa-
36 tion department, special act school districts, state-supported schools
37 for the blind and deaf, approved private special education schools,
38 non-public schools, community centers, day care facilities, residential
39 camps, day camps, Native American Indian Nation schools, and other state
40 costs associated with such capital projects. The aggregate principal
41 amount of bonds authorized to be issued pursuant to this section shall
42 not exceed [four hundred forty million three hundred ninety-seven thou-
43 sand dollars $440,397,000] four hundred eighty-five million nine hundred
44 sixty thousand dollars $485,960,000, excluding bonds issued to fund one
45 or more debt service reserve funds, to pay costs of issuance of such
46 bonds, and bonds or notes issued to refund or otherwise repay such bonds
47 or notes previously issued. Such bonds and notes of the dormitory
48 authority and the urban development corporation shall not be a debt of
49 the state, and the state shall not be liable thereon, nor shall they be
50 payable out of any funds other than those appropriated by the state to
51 the dormitory authority and the urban development corporation for prin-
52 cipal, interest, and related expenses pursuant to a service contract and
53 such bonds and notes shall contain on the face thereof a statement to
54 such effect. Except for purposes of complying with the internal revenue
55 code, any interest income earned on bond proceeds shall only be used to
56 pay debt service on such bonds.
S. 9005 151 A. 10005
1 § 43. Subdivision 1 of section 1680-k of the public authorities law,
2 as amended by section 49 of part MM of chapter 56 of the laws of 2025,
3 is amended to read as follows:
4 1. Subject to the provisions of chapter fifty-nine of the laws of two
5 thousand, but notwithstanding any provisions of law to the contrary, the
6 dormitory authority is hereby authorized to issue bonds or notes in one
7 or more series in an aggregate principal amount not to exceed [forty-one
8 million one hundred seventy-five thousand dollars $41,175,000] forty-one
9 million two hundred ninety thousand dollars $41,290,000, excluding bonds
10 issued to finance one or more debt service reserve funds, to pay costs
11 of issuance of such bonds, and bonds or notes issued to refund or other-
12 wise repay such bonds or notes previously issued, for the purpose of
13 financing the construction of the New York state agriculture and markets
14 food laboratory. Eligible project costs may include, but not be limited
15 to the cost of design, financing, site investigations, site acquisition
16 and preparation, demolition, construction, rehabilitation, acquisition
17 of machinery and equipment, and infrastructure improvements. Such bonds
18 and notes of such authorized issuers shall not be a debt of the state,
19 and the state shall not be liable thereon, nor shall they be payable out
20 of any funds other than those appropriated by the state to such author-
21 ized issuers for debt service and related expenses pursuant to any
22 service contract executed pursuant to subdivision two of this section
23 and such bonds and notes shall contain on the face thereof a statement
24 to such effect. Except for purposes of complying with the internal
25 revenue code, any interest income earned on bond proceeds shall only be
26 used to pay debt service on such bonds.
27 § 44. Subdivision 1 of section 1680-r of the public authorities law,
28 as amended by section 50 of part MM of chapter 56 of the laws of 2025,
29 is amended to read as follows:
30 1. Notwithstanding the provisions of any other law to the contrary,
31 the dormitory authority and the urban development corporation are hereby
32 authorized to issue bonds or notes in one or more series for the purpose
33 of funding project costs for the capital restructuring financing program
34 for health care and related facilities licensed pursuant to the public
35 health law or the mental hygiene law and other state costs associated
36 with such capital projects, the health care facility transformation
37 programs, the essential health care provider program, and other health
38 care capital project costs. The aggregate principal amount of bonds
39 authorized to be issued pursuant to this section shall not exceed [six
40 billion one hundred sixty-eight million dollars $6,168,000,000] seven
41 billion one hundred seventy-eight million dollars $7,178,000,000,
42 excluding bonds issued to fund one or more debt service reserve funds,
43 to pay costs of issuance of such bonds, and bonds or notes issued to
44 refund or otherwise repay such bonds or notes previously issued. Such
45 bonds and notes of the dormitory authority and the urban development
46 corporation shall not be a debt of the state, and the state shall not be
47 liable thereon, nor shall they be payable out of any funds other than
48 those appropriated by the state to the dormitory authority and the urban
49 development corporation for principal, interest, and related expenses
50 pursuant to a service contract and such bonds and notes shall contain on
51 the face thereof a statement to such effect. Except for purposes of
52 complying with the internal revenue code, any interest income earned on
53 bond proceeds shall only be used to pay debt service on such bonds.
54 § 45. Subdivision (a) of section 27 of part Y of chapter 61 of the
55 laws of 2005, relating to providing for the administration of certain
56 funds and accounts related to the 2005-2006 budget, as amended by
S. 9005 152 A. 10005
1 section 52 of part MM of chapter 56 of the laws of 2025, is amended to
2 read as follows:
3 (a) Subject to the provisions of chapter 59 of the laws of 2000, but
4 notwithstanding any provisions of law to the contrary, the urban devel-
5 opment corporation is hereby authorized to issue bonds or notes in one
6 or more series in an aggregate principal amount not to exceed [five
7 hundred fifty million one hundred thousand dollars $550,100,000] five
8 hundred sixty-two million one hundred thousand dollars $562,100,000,
9 excluding bonds issued to finance one or more debt service reserve
10 funds, to pay costs of issuance of such bonds, and bonds or notes issued
11 to refund or otherwise repay such bonds or notes previously issued, for
12 the purpose of financing capital projects including IT initiatives for
13 the division of state police, debt service and leases; and to reimburse
14 the state general fund for disbursements made therefor. Such bonds and
15 notes of such authorized issuer shall not be a debt of the state, and
16 the state shall not be liable thereon, nor shall they be payable out of
17 any funds other than those appropriated by the state to such authorized
18 issuer for debt service and related expenses pursuant to any service
19 contract executed pursuant to subdivision (b) of this section and such
20 bonds and notes shall contain on the face thereof a statement to such
21 effect. Except for purposes of complying with the internal revenue code,
22 any interest income earned on bond proceeds shall only be used to pay
23 debt service on such bonds.
24 § 46. Paragraph (b) of subdivision 1 of section 54-b of section 1 of
25 chapter 174 of the laws of 1968 constituting the urban development
26 corporation act, as amended by section 56 of part MM of chapter 56 of
27 the laws of 2025, is amended to read as follows:
28 (b) Notwithstanding any other provision of law to the contrary,
29 including, specifically, the provisions of chapter 59 of the laws of
30 2000 and section sixty-seven-b of the state finance law, the dormitory
31 authority of the state of New York and the corporation are hereby
32 authorized to issue personal income tax revenue anticipation notes with
33 a maturity no later than March 31[, 2026] of the state fiscal year in
34 which such notes are issued, in one or more series in an aggregate prin-
35 cipal amount for each fiscal year not to exceed three billion dollars,
36 and to pay costs of issuance of such notes, for the purpose of temporar-
37 ily financing budgetary needs of the state. Such purpose shall consti-
38 tute an authorized purpose under subdivision two of section
39 sixty-eight-a of the state finance law for all purposes of article
40 five-C of the state finance law with respect to the notes authorized by
41 this paragraph. Such notes shall not be renewed, extended or refunded.
42 For so long as any notes authorized by this paragraph shall be outstand-
43 ing, the restrictions, limitations and requirements contained in article
44 five-B of the state finance law shall not apply.
45 § 47. Paragraph (b) of subdivision 1 and subdivision 2 of section 67-b
46 of the state finance law, as amended by section 34 of part P2 of chapter
47 62 of the laws of 2003, are amended to read as follows:
48 (b) If state-supported debt is issued to refund or otherwise affect
49 the refunding, retirement or defeasance of state-supported debt
50 originally issued on and after April first, two thousand, provided such
51 refundings are conducted in accordance with section thirteen of article
52 VII of the state constitution, the calculation of the total outstanding
53 principal amount of debt shall [exclude] include such refunding debt,
54 and shall [only include] exclude the amount of prior refunded debt, [as
55 if it were still outstanding,] in each year until such refunding debt is
56 finally retired. Notwithstanding the foregoing, the provisions of such
S. 9005 153 A. 10005
1 section thirteen of article VII of the state constitution relating to
2 the maintenance or management of escrow funds and sinking funds shall
3 only be applicable to state-supported debt issued by the state comp-
4 troller. If state-supported debt is issued to refund or otherwise affect
5 the refunding, retirement or defeasance of state-supported debt issued
6 prior to April first, two thousand, then the amount of such refunding
7 debt shall be [excluded from] included in the calculation of the total
8 outstanding principal amount of debt in each year until such refunding
9 debt is finally retired. In addition, if state-supported debt is retired
10 or defeased with payments in any fiscal year made by the state that are
11 not required by mandatory payments, such debt shall be excluded from the
12 calculation of the total outstanding principal amount of debt, including
13 retirements or defeasances accomplished on an economic basis.
14 2. State-supported debt may not be contracted for unless, as of Octo-
15 ber thirty-first, two thousand one and as of each October thirty-first
16 thereafter, the total amount of interest, installments of principal,
17 contributions to sinking funds, and related payments on a cash basis of
18 accounting for state-supported debt in the immediately preceding fiscal
19 year is less than the designated percentage of total governmental funds
20 receipts for such fiscal year. Nothing shall preclude the contracting of
21 state-supported debt prior to October thirty-first of each year if, in
22 the immediately preceding fiscal year, the total amount of interest,
23 installments of principal, contributions to sinking funds, and related
24 payments was less than the designated percentage of total governmental
25 funds receipts. This shall include the total amount of payments on such
26 debt issued on and after April first, two thousand, but shall not
27 include payments in any fiscal year made by the state to defease or
28 retire debt not required by mandatory payments nor payments made by the
29 state for debt issued to refund debt that was issued prior to April
30 first, two thousand. In addition, if state-supported debt is issued to
31 refund or otherwise affect the refunding, retirement or defeasance of
32 state-supported debt originally issued on and after April first, two
33 thousand, provided such refundings are conducted in accordance with
34 section thirteen of article VII of the state constitution, the calcu-
35 lation of the total amount of interest, installments of principal,
36 contributions to sinking funds, and related payments shall [exclude]
37 include payments made on such refunding debt, and shall [only include]
38 exclude the payments on the prior refunded debt, [as if it were still
39 outstanding,] in each year until such refunding debt is finally retired.
40 Such designated percentage shall be seven and one-half-tenths of one
41 percent for fiscal year two thousand--two thousand one, and shall
42 increase by five-tenths of one percent in fiscal year two thousand one-
43 -two thousand two, by an additional four-tenths of one percent in fiscal
44 year two thousand two--two thousand three, and by an additional one-
45 third of one percent in each of the ten subsequent fiscal years. The
46 designated percentage for fiscal year two thousand thirteen--two thou-
47 sand fourteen and for each fiscal year thereafter shall be five percent.
48 § 48. This act shall take effect immediately and shall be deemed to
49 have been in full force and effect on and after April 1, 2026; provided,
50 however, that the provisions of sections one, two, three, four, five,
51 six, seven, eight, fourteen, fifteen, sixteen, seventeen, eighteen,
52 nineteen, twenty, twenty-one and twenty-two of this act shall expire
53 March 31, 2027.
54 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
55 sion, section or part of this act shall be adjudged by any court of
56 competent jurisdiction to be invalid, such judgment shall not affect,
S. 9005 154 A. 10005
1 impair, or invalidate the remainder thereof, but shall be confined in
2 its operation to the clause, sentence, paragraph, subdivision, section
3 or part thereof directly involved in the controversy in which such judg-
4 ment shall have been rendered. It is hereby declared to be the intent of
5 the legislature that this act would have been enacted even if such
6 invalid provisions had not been included herein.
7 § 3. This act shall take effect immediately provided, however, that
8 the applicable effective date of Parts A through FF of this act shall be
9 as specifically set forth in the last section of such Parts.