S T A T E O F N E W Y O R K
________________________________________________________________________
S. 2005 A. 3005
S E N A T E - A S S E M B L Y
January 21, 2015
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the executive law, in relation to authorizing the
commissioner of corrections and community supervision to make the
final decision on medical parole for certain eligible non-violent
inmates (Part A); to amend chapter 887 of the laws of 1983, amending
the correction law relating to the psychological testing of candi-
dates, in relation to the effectiveness thereof; to amend chapter 428
of the laws of 1999, amending the executive law and the criminal
procedure law relating to expanding the geographic area of employment
of certain police officers, in relation to extending the expiration of
such chapter; to amend chapter 886 of the laws of 1972, amending the
correction law and the penal law relating to prisoner furloughs in
certain cases and the crime of absconding therefrom, in relation to
the effectiveness thereof; to amend chapter 261 of the laws of 1987,
amending chapters 50, 53 and 54 of the laws of 1987, the correction
law, the penal law and other chapters and laws relating to correction-
al facilities, in relation to the effectiveness thereof; to amend
chapter 339 of the laws of 1972, amending the correction law and the
penal law relating to inmate work release, furlough and leave, in
relation to the effectiveness thereof; to amend chapter 60 of the laws
of 1994 relating to certain provisions which impact upon expenditure
of certain appropriations made by chapter 50 of the laws of 1994
enacting the state operations budget, in relation to the effectiveness
thereof; to amend chapter 3 of the laws of 1995, amending the
correction law and other laws relating to the incarceration fee, in
relation to extending the expiration of certain provisions of such
chapter; to amend chapter 62 of the laws of 2011, amending the
correction law and the executive law, relating to merging the depart-
ment of correctional services and division of parole into the depart-
ment of corrections and community supervision, in relation to the
effectiveness thereof; to amend chapter 55 of the laws of 1992, amend-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12570-01-5
S. 2005 2 A. 3005
ing the tax law and other laws relating to taxes, surcharges, fees and
funding, in relation to extending the expiration of certain provisions
of such chapter; to amend chapter 907 of the laws of 1984, amending
the correction law, the New York city criminal court act and the exec-
utive law relating to prison and jail housing and alternatives to
detention and incarceration programs, in relation to extending the
expiration of certain provisions of such chapter; to amend chapter 166
of the laws of 1991, amending the tax law and other laws relating to
taxes, in relation to extending the expiration of certain provisions
of such chapter; to amend the vehicle and traffic law, in relation to
extending the expiration of the mandatory surcharge and victim assist-
ance fee; to amend chapter 713 of the laws of 1988, amending the vehi-
cle and traffic law relating to the ignition interlock device program,
in relation to extending the expiration thereof; to amend chapter 435
of the laws of 1997, amending the military law and other laws relating
to various provisions, in relation to extending the expiration date of
the merit provisions of the correction law and the penal law of such
chapter; to amend chapter 412 of the laws of 1999, amending the civil
practice law and rules and the court of claims act relating to prison-
er litigation reform, in relation to extending the expiration of the
inmate filing fee provisions of the civil practice law and rules and
general filing fee provision and inmate property claims exhaustion
requirement of the court of claims act of such chapter; to amend chap-
ter 222 of the laws of 1994 constituting the family protection and
domestic violence intervention act of 1994, in relation to extending
the expiration of certain provisions of the criminal procedure law
requiring the arrest of certain persons engaged in family violence; to
amend chapter 505 of the laws of 1985, amending the criminal procedure
law relating to the use of closed-circuit television and other protec-
tive measures for certain child witnesses, in relation to extending
the expiration of the provisions thereof; to amend chapter 3 of the
laws of 1995, enacting the sentencing reform act of 1995, in relation
to extending the expiration of certain provisions of such chapter; to
amend chapter 689 of the laws of 1993 amending the criminal procedure
law relating to electronic court appearance in certain counties, in
relation to extending the expiration thereof; to amend chapter 688 of
the laws of 2003, amending the executive law relating to enacting the
interstate compact for adult offender supervision, in relation to the
effectiveness thereof; to amend part H of chapter 56 of the laws of
2009, amending the correction law relating to limiting the closing of
certain correctional facilities, providing for the custody by the
department of correctional services of inmates serving definite
sentences, providing for custody of federal prisoners and requiring
the closing of certain correctional facilities, in relation to the
effectiveness of such chapter; to amend part C of chapter 152 of the
laws of 2001, amending the military law relating to military funds of
the organized militia, in relation to the effectiveness thereof; to
amend chapter 554 of the laws of 1986 amending the correction law and
the penal law relating to providing for community treatment facilities
and establishing the crime of absconding from the community treatment
facility, in relation to the effectiveness thereof; and to amend chap-
ter 503 of the laws of 2009, relating to the disposition of monies
recovered by county district attorneys before the filing of an accusa-
tory instrument, in relation to the effectiveness thereof (Part B);
relating to transferring certain employees of the division of state
police to the office of general services (Part C); to amend the work-
S. 2005 3 A. 3005
ers' compensation law, in relation to eliminating certain arbitration
and license fees; and to repeal paragraph (c) of subdivision 1 and
subparagraph (iii) of paragraph (b) of subdivision 3 of section 13-c
of the workers' compensation law relating to payment of license fees
(Part D); to amend the election law, in relation to campaign finance
reform; to amend the election law, in relation to campaign contrib-
ution limits and penalties for violations; to amend the election law,
in relation to campaign receipts and expenditures; to amend the
election law, in relation to contribution and receipt limitations; to
amend the election law, in relation to public financing; to amend the
state finance law, in relation to the New York state campaign finance
fund; and to amend the tax law, in relation to the New York state
campaign finance fund check-off (Part E); to amend the election law,
in relation to eliminating certain publishing requirements by state
and local boards of election; and to repeal certain provisions of such
law relating thereto (Part F); to amend the civil service law, in
relation to supporting the previous consolidation of information tech-
nology services within the state office of information technology
services (ITS) and permit term appointments for eligible, high-demand
ITS positions without examination (Part G); to amend the civil service
law and the correction law, in relation to salaries (Part H); estab-
lishing a commission on executive and legislative compensation, and
providing for the powers and duties of the commission and for the
dissolution of the commission (Part I); to amend the civil service
law, in relation to auditing enrollee information in the New York
State Health Insurance Program (Part J); to amend the state finance
law, in relation to increasing the allowable balance in the rainy day
reserve fund, and in relation to updating consulting services report-
ing; to amend the retirement and social security law, in relation to
requiring pension system reporting; and to repeal certain provisions
of the state finance law relating thereto (Part K); to amend the state
finance law, in relation to a program of aid to municipalities in
which a video lottery terminal facility is located (Part L); to amend
chapter 674 of the laws of 1993, amending the public buildings law
relating to value limitations on contracts, in relation to extending
the effectiveness thereof; and to amend the public buildings law, in
relation to increasing the value limitation to one million dollars on
emergency contracts (Part M); to amend the public buildings law, in
relation to increasing the threshold of small capital projects deleg-
ated by OGS to one hundred fifty thousand dollars (Part N); to amend
the state finance law, in relation to the creation of a new dedicated
infrastructure investment fund (Part O); and to provide for the admin-
istration of certain funds and accounts related to the 2014-15 budget,
authorizing certain payments and transfers; to amend the state finance
law, in relation to school tax relief fund; to amend the state finance
law, in relation to payments, transfers and deposits; to amend the
state finance law, in relation to the issuance of bonds and notes; to
amend the New York state urban development corporation act, in
relation to funding project costs for certain capital projects; to
amend chapter 389 of the laws of 1997, relating to the financing of
the correctional facilities improvement fund and the youth facility
improvement fund, in relation to the issuance of bonds; to amend the
private housing finance law, in relation to housing program bonds and
notes; to amend chapter 329 of the laws of 1991, amending the state
finance law and other laws relating to the establishment of the dedi-
cated highway and bridge trust fund, in relation to the issuance of
S. 2005 4 A. 3005
bonds; to amend the public authorities law, in relation to the dormi-
tory authority; to amend chapter 61 of the laws of 2005, providing for
the administration of certain funds and accounts related to the 2005-
2006 budget, in relation to issuance of bonds by the urban development
corporation; to amend the New York state urban development corporation
act, in relation to funding project costs for the Binghamton universi-
ty school of pharmacy, New York power electronic manufacturing consor-
tium and the nonprofit infrastructure capital investment program; to
amend the public authorities law, in relation to the state environ-
mental infrastructure projects; to amend the New York state urban
development corporation act, in relation to authorizing the urban
development corporation to issue bonds to fund project costs for the
implementation of a NY-CUNY challenge grant program; to amend chapter
81 of the laws of 2002, providing for the administration of certain
funds and accounts related to the 2002-2003 budget, in relation to
increasing the aggregate amount of bonds to be issued by the New York
state urban development corporation; to amend the public authorities
law, in relation to financing of peace bridge and transportation capi-
tal projects; to amend the public authorities law, in relation to
dormitories at certain educational institutions other than state oper-
ated institutions and statutory or contract colleges under the juris-
diction of the state university of New York; to amend the public
authorities law, in relation to authorization for the issuance of
bonds for the capital restructuring bond finance program and the
health care facility transformation program; to amend chapter 389 of
the laws of 1997, relating to the financing of the correctional facil-
ities improvement fund and the youth facility improvement fund, in
relation to the issuance of bonds; to amend the New York state medical
care facilities finance agency act, in relation to bonds and mental
health facilities improvement notes; to amend chapter 174 of the laws
of 1968, constituting the New York state urban development corporation
act, in relation to the aggregate amount of and issuance of certain
bonds; and to amend chapter 63 of the laws of 2005, relating to the
composition and responsibilities of the New York state higher educa-
tion capital matching grant board, in relation to increasing the
amount of authorized matching capital grants; to amend the smart
schools bond act of 2014, in relation to the issuance of bonds; to
amend the public authorities law, in relation to the financing of
hazardous waste site remediation projects, financing of the metropol-
itan transportation authority transportation facilities; and providing
for the repeal of certain provisions upon expiration thereof (Part P)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2015-2016
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through P. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes a reference to a section
8 "of this act", when used in connection with that particular component,
9 shall be deemed to mean and refer to the corresponding section of the
S. 2005 5 A. 3005
1 Part in which it is found. Section three of this act sets forth the
2 general effective date of this act.
3 PART A
4 Section 1. Section 259-r of the executive law is amended by adding a
5 new subdivision 10 to read as follows:
6 10. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN THE CASE OF AN
7 INMATE WHOSE TERMINAL CONDITION, DISEASE OR SYNDROME MEETS THE CRITERIA
8 FOR MEDICAL PAROLE AS SET FORTH IN PARAGRAPH (A) OF SUBDIVISION ONE OF
9 THIS SECTION, AND WHO IS NOT SERVING A SENTENCE FOR ONE OR MORE OFFENSES
10 SET FORTH IN PARAGRAPH (I) OF SUBDIVISION ONE OF SECTION EIGHT HUNDRED
11 SIX OF THE CORRECTION LAW WHICH WOULD RENDER SUCH INMATE INELIGIBLE FOR
12 PRESUMPTIVE RELEASE, THE GRANTING OF MEDICAL PAROLE SHALL BE DETERMINED
13 BY THE COMMISSIONER INSTEAD OF THE BOARD OF PAROLE. IN SUCH CASE, THE
14 PROVISIONS THAT WOULD HAVE APPLIED TO AND THE PROCEDURES THAT WOULD HAVE
15 BEEN FOLLOWED BY THE BOARD OF PAROLE PURSUANT TO THIS SECTION SHALL
16 APPLY TO AND BE FOLLOWED BY THE COMMISSIONER, EXCEPT THAT ANY DECISION
17 MADE BY THE COMMISSIONER PURSUANT TO THIS SECTION MAY NOT BE APPEALED.
18 ANY ACTION BY THE COMMISSIONER PURSUANT TO THIS SECTION SHALL BE DEEMED
19 A JUDICIAL FUNCTION AND SHALL NOT BE REVIEWABLE IF DONE IN ACCORDANCE
20 WITH LAW.
21 S 2. This act shall take effect immediately.
22 PART B
23 Section 1. Section 2 of chapter 887 of the laws of 1983, amending the
24 correction law relating to the psychological testing of candidates, as
25 amended by section 1 of part E of chapter 55 of the laws of 2013, is
26 amended to read as follows:
27 S 2. This act shall take effect on the one hundred eightieth day after
28 it shall have become a law and shall remain in effect until September 1,
29 [2015] 2017.
30 S 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
31 tive law and the criminal procedure law relating to expanding the
32 geographic area of employment of certain police officers, as amended by
33 section 2 of part E of chapter 55 of the laws of 2013, is amended to
34 read as follows:
35 S 3. This act shall take effect on the first day of November next
36 succeeding the date on which it shall have become a law, and shall
37 remain in effect until the first day of September, [2015] 2017, when it
38 shall expire and be deemed repealed.
39 S 3. Section 3 of chapter 886 of the laws of 1972, amending the
40 correction law and the penal law relating to prisoner furloughs in
41 certain cases and the crime of absconding therefrom, as amended by
42 section 3 of part E of chapter 55 of the laws of 2013, is amended to
43 read as follows:
44 S 3. This act shall take effect 60 days after it shall have become a
45 law and shall remain in effect until September 1, [2015] 2017.
46 S 4. Section 20 of chapter 261 of the laws of 1987, amending chapters
47 50, 53 and 54 of the laws of 1987, the correction law, the penal law and
48 other chapters and laws relating to correctional facilities, as amended
49 by section 4 of part E of chapter 55 of the laws of 2013, is amended to
50 read as follows:
51 S 20. This act shall take effect immediately except that section thir-
52 teen of this act shall expire and be of no further force or effect on
S. 2005 6 A. 3005
1 and after September 1, [2015] 2017 and shall not apply to persons
2 committed to the custody of the department after such date, and provided
3 further that the commissioner of [correctional services] CORRECTIONS AND
4 COMMUNITY SUPERVISION shall report each January first and July first
5 during such time as the earned eligibility program is in effect, to the
6 chairmen of the senate crime victims, crime and correction committee,
7 the senate codes committee, the assembly correction committee, and the
8 assembly codes committee, the standards in effect for earned eligibility
9 during the prior six-month period, the number of inmates subject to the
10 provisions of earned eligibility, the number who actually received
11 certificates of earned eligibility during that period of time, the
12 number of inmates with certificates who are granted parole upon their
13 first consideration for parole, the number with certificates who are
14 denied parole upon their first consideration, and the number of individ-
15 uals granted and denied parole who did not have earned eligibility
16 certificates.
17 S 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
18 amending the tax law and other laws relating to taxes, surcharges, fees
19 and funding, as amended by section 5 of part E of chapter 55 of the laws
20 of 2013, is amended to read as follows:
21 (q) the provisions of section two hundred eighty-four of this act
22 shall remain in effect until September 1, [2015] 2017 and be applicable
23 to all persons entering the program on or before August 31, [2015] 2017.
24 S 6. Section 10 of chapter 339 of the laws of 1972, amending the
25 correction law and the penal law relating to inmate work release,
26 furlough and leave, as amended by section 6 of part E of chapter 55 of
27 the laws of 2013, is amended to read as follows:
28 S 10. This act shall take effect 30 days after it shall have become a
29 law and shall remain in effect until September 1, [2015] 2017, and
30 provided further that the commissioner of correctional services shall
31 report each January first, and July first, to the chairman of the senate
32 crime victims, crime and correction committee, the senate codes commit-
33 tee, the assembly correction committee, and the assembly codes commit-
34 tee, the number of eligible inmates in each facility under the custody
35 and control of the commissioner who have applied for participation in
36 any program offered under the provisions of work release, furlough, or
37 leave, and the number of such inmates who have been approved for partic-
38 ipation.
39 S 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994
40 relating to certain provisions which impact upon expenditure of certain
41 appropriations made by chapter 50 of the laws of 1994 enacting the state
42 operations budget, as amended by section 7 of part E of chapter 55 of
43 the laws of 2013, is amended to read as follows:
44 (c) sections forty-one and forty-two of this act shall expire Septem-
45 ber 1, [2015] 2017; provided, that the provisions of section forty-two
46 of this act shall apply to inmates entering the work release program on
47 or after such effective date; and
48 S 8. Subdivision h of section 74 of chapter 3 of the laws of 1995,
49 amending the correction law and other laws relating to the incarceration
50 fee, as amended by section 8 of part E of chapter 55 of the laws of
51 2013, is amended to read as follows:
52 h. Section fifty-two of this act shall be deemed to have been in full
53 force and effect on and after April 1, 1995; provided, however, that the
54 provisions of section 189 of the correction law, as amended by section
55 fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
56 as amended by section fifty-six of this act, and section fifty-seven of
S. 2005 7 A. 3005
1 this act shall expire September 1, [2015] 2017, when upon such date the
2 amendments to the correction law and penal law made by sections fifty-
3 five and fifty-six of this act shall revert to and be read as if the
4 provisions of this act had not been enacted; provided, however, that
5 sections sixty-two, sixty-three and sixty-four of this act shall be
6 deemed to have been in full force and effect on and after March 1, 1995
7 and shall be deemed repealed April 1, 1996 and upon such date the
8 provisions of subsection (e) of section 9110 of the insurance law and
9 subdivision 2 of section 89-d of the state finance law shall revert to
10 and be read as set out in law on the date immediately preceding the
11 effective date of sections sixty-two and sixty-three of this act;
12 S 9. Subdivision (c) of section 49 of subpart A of part C of chapter
13 62 of the laws of 2011 amending the correction law and the executive
14 law, relating to merging the department of correctional services and
15 division of parole into the department of corrections and community
16 supervision, as amended by section 9 of part E of chapter 55 of the laws
17 of 2013, is amended to read as follows:
18 (c) that the amendments to subdivision 9 of section 201 of the
19 correction law as added by section thirty-two of this act shall remain
20 in effect until September 1, [2015] 2017, when it shall expire and be
21 deemed repealed;
22 S 10. Subdivision (aa) of section 427 of chapter 55 of the laws of
23 1992, amending the tax law and other laws relating to taxes, surcharges,
24 fees and funding, as amended by section 10 of part E of chapter 55 of
25 the laws of 2013, is amended to read as follows:
26 (aa) the provisions of sections three hundred eighty-two, three
27 hundred eighty-three and three hundred eighty-four of this act shall
28 expire on September 1, [2015] 2017;
29 S 11. Section 12 of chapter 907 of the laws of 1984, amending the
30 correction law, the New York city criminal court act and the executive
31 law relating to prison and jail housing and alternatives to detention
32 and incarceration programs, as amended by section 11 of part E of chap-
33 ter 55 of the laws of 2013, is amended to read as follows:
34 S 12. This act shall take effect immediately, except that the
35 provisions of sections one through ten of this act shall remain in full
36 force and effect until September 1, [2015] 2017 on which date those
37 provisions shall be deemed to be repealed.
38 S 12. Subdivision (p) of section 406 of chapter 166 of the laws of
39 1991, amending the tax law and other laws relating to taxes, as amended
40 by section 12 of part E of chapter 55 of the laws of 2013, is amended to
41 read as follows:
42 (p) The amendments to section 1809 of the vehicle and traffic law made
43 by sections three hundred thirty-seven and three hundred thirty-eight of
44 this act shall not apply to any offense committed prior to such effec-
45 tive date; provided, further, that section three hundred forty-one of
46 this act shall take effect immediately and shall expire November 1, 1993
47 at which time it shall be deemed repealed; sections three hundred
48 forty-five and three hundred forty-six of this act shall take effect
49 July 1, 1991; sections three hundred fifty-five, three hundred fifty-
50 six, three hundred fifty-seven and three hundred fifty-nine of this act
51 shall take effect immediately and shall expire June 30, 1995 and shall
52 revert to and be read as if this act had not been enacted; section three
53 hundred fifty-eight of this act shall take effect immediately and shall
54 expire June 30, 1998 and shall revert to and be read as if this act had
55 not been enacted; section three hundred sixty-four through three hundred
56 sixty-seven of this act shall apply to claims filed on or after such
S. 2005 8 A. 3005
1 effective date; sections three hundred sixty-nine, three hundred seven-
2 ty-two, three hundred seventy-three, three hundred seventy-four, three
3 hundred seventy-five and three hundred seventy-six of this act shall
4 remain in effect until September 1, [2015] 2017, at which time they
5 shall be deemed repealed; provided, however, that the mandatory
6 surcharge provided in section three hundred seventy-four of this act
7 shall apply to parking violations occurring on or after said effective
8 date; and provided further that the amendments made to section 235 of
9 the vehicle and traffic law by section three hundred seventy-two of this
10 act, the amendments made to section 1809 of the vehicle and traffic law
11 by sections three hundred thirty-seven and three hundred thirty-eight of
12 this act and the amendments made to section 215-a of the labor law by
13 section three hundred seventy-five of this act shall expire on September
14 1, [2015] 2017 and upon such date the provisions of such subdivisions
15 and sections shall revert to and be read as if the provisions of this
16 act had not been enacted; the amendments to subdivisions 2 and 3 of
17 section 400.05 of the penal law made by sections three hundred seventy-
18 seven and three hundred seventy-eight of this act shall expire on July
19 1, 1992 and upon such date the provisions of such subdivisions shall
20 revert and shall be read as if the provisions of this act had not been
21 enacted; the state board of law examiners shall take such action as is
22 necessary to assure that all applicants for examination for admission to
23 practice as an attorney and counsellor at law shall pay the increased
24 examination fee provided for by the amendment made to section 465 of the
25 judiciary law by section three hundred eighty of this act for any exam-
26 ination given on or after the effective date of this act notwithstanding
27 that an applicant for such examination may have prepaid a lesser fee for
28 such examination as required by the provisions of such section 465 as of
29 the date prior to the effective date of this act; the provisions of
30 section 306-a of the civil practice law and rules as added by section
31 three hundred eighty-one of this act shall apply to all actions pending
32 on or commenced on or after September 1, 1991, provided, however, that
33 for the purposes of this section service of such summons made prior to
34 such date shall be deemed to have been completed on September 1, 1991;
35 the provisions of section three hundred eighty-three of this act shall
36 apply to all money deposited in connection with a cash bail or a
37 partially secured bail bond on or after such effective date; and the
38 provisions of sections three hundred eighty-four and three hundred
39 eighty-five of this act shall apply only to jury service commenced
40 during a judicial term beginning on or after the effective date of this
41 act; provided, however, that nothing contained herein shall be deemed to
42 affect the application, qualification, expiration or repeal of any
43 provision of law amended by any section of this act and such provisions
44 shall be applied or qualified or shall expire or be deemed repealed in
45 the same manner, to the same extent and on the same date as the case may
46 be as otherwise provided by law;
47 S 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
48 amended by section 13 of part E of chapter 55 of the laws of 2013, is
49 amended to read as follows:
50 8. The provisions of this section shall only apply to offenses commit-
51 ted on or before September first, two thousand [fifteen] SEVENTEEN.
52 S 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
53 cle and traffic law relating to the ignition interlock device program,
54 as amended by section 14 of part E of chapter 55 of the laws of 2013, is
55 amended to read as follows:
S. 2005 9 A. 3005
1 S 6. This act shall take effect on the first day of April next
2 succeeding the date on which it shall have become a law; provided,
3 however, that effective immediately, the addition, amendment or repeal
4 of any rule or regulation necessary for the implementation of the fore-
5 going sections of this act on their effective date is authorized and
6 directed to be made and completed on or before such effective date and
7 shall remain in full force and effect until the first day of September,
8 [2015] 2017 when upon such date the provisions of this act shall be
9 deemed repealed.
10 S 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
11 laws of 1997, amending the military law and other laws relating to vari-
12 ous provisions, as amended by section 15 of part E of chapter 55 of the
13 laws of 2013, is amended to read as follows:
14 a. sections forty-three through forty-five of this act shall expire
15 and be deemed repealed on September 1, [2015] 2017;
16 S 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
17 the civil practice law and rules and the court of claims act relating to
18 prisoner litigation reform, as amended by section 16 of part E of chap-
19 ter 55 of the laws of 2013, is amended to read as follows:
20 S 4. This act shall take effect 120 days after it shall have become a
21 law and shall remain in full force and effect until September 1, [2015]
22 2017, when upon such date it shall expire.
23 S 17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
24 constituting the family protection and domestic violence intervention
25 act of 1994, as amended by section 17 of part E of chapter 55 of the
26 laws of 2013, is amended to read as follows:
27 2. Subdivision 4 of section 140.10 of the criminal procedure law as
28 added by section thirty-two of this act shall take effect January 1,
29 1996 and shall expire and be deemed repealed on September 1, [2015]
30 2017.
31 S 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
32 inal procedure law relating to the use of closed-circuit television and
33 other protective measures for certain child witnesses, as amended by
34 section 18 of part E of chapter 55 of the laws of 2013, is amended to
35 read as follows:
36 S 5. This act shall take effect immediately and shall apply to all
37 criminal actions and proceedings commenced prior to the effective date
38 of this act but still pending on such date as well as all criminal
39 actions and proceedings commenced on or after such effective date and
40 its provisions shall expire on September 1, [2015] 2017, when upon such
41 date the provisions of this act shall be deemed repealed.
42 S 19. Subdivision d of section 74 of chapter 3 of the laws of 1995,
43 enacting the sentencing reform act of 1995, as amended by section 19 of
44 part E of chapter 55 of the laws of 2013, is amended to read as follows:
45 d. Sections one-a through twenty, twenty-four through twenty-eight,
46 thirty through thirty-nine, forty-two and forty-four of this act shall
47 be deemed repealed on September 1, [2015] 2017;
48 S 20. Section 2 of chapter 689 of the laws of 1993 amending the crimi-
49 nal procedure law relating to electronic court appearance in certain
50 counties, as amended by section 20 of part E of chapter 55 of the laws
51 of 2013, is amended to read as follows:
52 S 2. This act shall take effect immediately, except that the
53 provisions of this act shall be deemed to have been in full force and
54 effect since July 1, 1992 and the provisions of this act shall expire
55 September 1, [2015] 2017 when upon such date the provisions of this act
56 shall be deemed repealed.
S. 2005 10 A. 3005
1 S 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
2 utive law relating to enacting the interstate compact for adult offender
3 supervision, as amended by section 21 of part E of chapter 55 of the
4 laws of 2013, is amended to read as follows:
5 S 3. This act shall take effect immediately, except that section one
6 of this act shall take effect on the first of January next succeeding
7 the date on which it shall have become a law, and shall remain in effect
8 until the first of September, [2015] 2017, upon which date this act
9 shall be deemed repealed and have no further force and effect; provided
10 that section one of this act shall only take effect with respect to any
11 compacting state which has enacted an interstate compact entitled
12 "Interstate compact for adult offender supervision" and having an iden-
13 tical effect to that added by section one of this act and provided
14 further that with respect to any such compacting state, upon the effec-
15 tive date of section one of this act, section 259-m of the executive law
16 is hereby deemed REPEALED and section 259-mm of the executive law, as
17 added by section one of this act, shall take effect; and provided
18 further that with respect to any state which has not enacted an inter-
19 state compact entitled "Interstate compact for adult offender super-
20 vision" and having an identical effect to that added by section one of
21 this act, section 259-m of the executive law shall take effect and the
22 provisions of section one of this act, with respect to any such state,
23 shall have no force or effect until such time as such state shall adopt
24 an interstate compact entitled "Interstate compact for adult offender
25 supervision" and having an identical effect to that added by section one
26 of this act in which case, with respect to such state, effective imme-
27 diately, section 259-m of the executive law is deemed repealed and
28 section 259-mm of the executive law, as added by section one of this
29 act, shall take effect.
30 S 22. Section 8 of part H of chapter 56 of the laws of 2009, amending
31 the correction law relating to limiting the closing of certain correc-
32 tional facilities, providing for the custody by the department of
33 correctional services of inmates serving definite sentences, providing
34 for custody of federal prisoners and requiring the closing of certain
35 correctional facilities, as amended by section 22 of part E of chapter
36 55 of the laws of 2013, is amended to read as follows:
37 S 8. This act shall take effect immediately; provided, however that
38 sections five and six of this act shall expire and be deemed repealed
39 September 1, [2015] 2017.
40 S 23. Section 3 of part C of chapter 152 of the laws of 2001 amending
41 the military law relating to military funds of the organized militia, as
42 amended by section 23 of part E of chapter 55 of the laws of 2013, is
43 amended to read as follows:
44 S 3. This act shall take effect on the same date as the reversion of
45 subdivision 5 of section 183 and subdivision 1 of section 221 of the
46 military law as provided by section 76 of chapter 435 of the laws of
47 1997, as amended by section 1 of chapter 19 of the laws of 1999 notwith-
48 standing this act shall be deemed to have been in full force and effect
49 on and after July 31, 2005 and shall remain in full force and effect
50 until September 1, [2015] 2017 when upon such date this act shall
51 expire.
52 S 24. Section 5 of chapter 554 of the laws of 1986, amending the
53 correction law and the penal law relating to providing for community
54 treatment facilities and establishing the crime of absconding from the
55 community treatment facility, as amended by section 24 of part E of
56 chapter 55 of the laws of 2013, is amended to read as follows:
S. 2005 11 A. 3005
1 S 5. This act shall take effect immediately and shall remain in full
2 force and effect until September 1, [2015] 2017, and provided further
3 that the commissioner of correctional services shall report each January
4 first and July first during such time as this legislation is in effect,
5 to the chairmen of the senate crime victims, crime and correction
6 committee, the senate codes committee, the assembly correction commit-
7 tee, and the assembly codes committee, the number of individuals who are
8 released to community treatment facilities during the previous six-month
9 period, including the total number for each date at each facility who
10 are not residing within the facility, but who are required to report to
11 the facility on a daily or less frequent basis.
12 S 25. Section 2 of part H of chapter 503 of the laws of 2009 relating
13 to the disposition of monies recovered by county district attorneys
14 before the filing of an accusatory instrument, as amended by section 1
15 of part C of chapter 55 of the laws of 2014, is amended to read as
16 follows:
17 S 2. This act shall take effect immediately and shall remain in full
18 force and effect until March 31, [2015] 2017, when it shall expire and
19 be deemed repealed.
20 S 26. This act shall take effect immediately, provided however that
21 section twenty-five of this act shall be deemed to have been in full
22 force and effect on and after March 31, 2015.
23 PART C
24 Section 1. Employees of the division of state police in the unclassi-
25 fied service of the state, who are substantially engaged in the perform-
26 ance of duties to support business and financial services, administra-
27 tive services, payroll administration, time and attendance, benefit
28 administration, and other transactional human resources functions, may
29 be transferred to the office of general services in accordance with the
30 provisions of section 45 of the civil service law as if the state had
31 taken over a private entity. No employee who is transferred pursuant to
32 this act shall suffer a reduction in basic annual salary as a result of
33 the transfer.
34 S 2. This act shall take effect immediately.
35 PART D
36 Section 1. Paragraph (c) of subdivision 1 of section 13-c of the work-
37 ers' compensation law is REPEALED.
38 S 2. Subparagraph (iii) of paragraph (b) of subdivision 3 of section
39 13-c of the workers' compensation law is REPEALED.
40 S 3. Subdivision 4 of section 13-g of the workers' compensation law,
41 as amended by section 4 of part GG of chapter 57 of the laws of 2013, is
42 amended to read as follows:
43 (4) A provider initiating an arbitration, including a single arbitra-
44 tor process, pursuant to this section shall NOT pay a fee [as determined
45 by regulations promulgated by the chair, to be used] to cover the costs
46 related to the conduct of such arbitration. [Upon resolution in favor of
47 such party, the amount due, based upon the bill in dispute, shall be
48 increased by the amount of the fee paid by such party. Where a partial
49 award is made, the amount due, based upon the bill in dispute, shall be
50 increased by a part of such fee.] Each member of an arbitration commit-
51 tee for medical bills, and each member of an arbitration committee for
52 hospital bills shall be entitled to receive and shall be paid a fee for
S. 2005 12 A. 3005
1 each day's attendance at an arbitration session in any one count in an
2 amount fixed by the chair of the workers' compensation board.
3 S 4. Paragraph (b) of subdivision 3-b of section 50 of the workers'
4 compensation law, as amended by chapter 139 of the laws of 2008, is
5 amended to read as follows:
6 (b) The board, in its rules, may provide for the issuance of licenses
7 to persons, firms or corporations, upon such proof of character and
8 fitness as it may deem necessary, [and may provide for a license fee in
9 an amount not exceeding one hundred dollars a year, and an annual
10 authorization fee in an amount not exceeding five hundred dollars a year
11 for each designated representative] WITHOUT ANNUAL LICENSE FEE, and for
12 the giving of a bond running to the people of the state of New York,
13 conditioned upon the faithful performance of all duties required of such
14 person, firm or corporation, and in an amount to be fixed by the board
15 in its rules. Such bond shall be approved by the board as to form and
16 sufficiency and shall be filed with it. [All license and authorization
17 fees collected under the provisions of this section shall be paid into
18 the state treasury.]
19 S 5. Paragraph (e) of subdivision 7 of section 13-m of the workers'
20 compensation law, as amended by section 7 of part GG of chapter 57 of
21 the laws of 2013, is amended to read as follows:
22 (e) A provider initiating an arbitration, including a single arbitra-
23 tor process, pursuant to this section shall NOT BE REQUIRED TO pay a
24 fee[, as determined by regulations promulgated by the chair, to be used]
25 to cover the costs related to the conduct of such arbitration. [Upon
26 resolution in favor of such party, the amount due, based upon the bill
27 in dispute, shall be increased by the amount of the fee paid by such
28 party. Where a partial award is made, the amount due, based upon the
29 bill in dispute, shall be increased by a part of such fee.]
30 S 6. Paragraph (e) of subdivision 6 of section 13-1 of the workers'
31 compensation law, as amended by section 6 of part GG of chapter 57 of
32 the laws of 2013, is amended to read as follows:
33 (e) A provider initiating an arbitration, including a single arbitra-
34 tor process, pursuant to this section shall NOT pay a fee[, as deter-
35 mined by regulations promulgated by the chair, to be used] to cover the
36 costs related to the conduct of such arbitration. [Upon resolution in
37 favor of such party, the amount due, based upon the bill in dispute,
38 shall be increased by the amount of the fee paid by such party. Where a
39 partial award is made, the amount due, based upon the bill in dispute,
40 shall be increased by a part of such fee.]
41 S 7. Paragraph (e) of subdivision 6 of section 13-k of the workers'
42 compensation law, as amended by section 5 of part GG of chapter 57 of
43 the laws of 2013, is amended to read as follows:
44 (e) A provider initiating an arbitration, including a single arbi-
45 tration process, pursuant to this section shall NOT BE REQUIRED TO pay a
46 fee[, as determined by regulations promulgated by the chair, to be used
47 to cover the costs] related to the conduct of such arbitration. [Upon
48 resolution in favor of such party, the amount due, based upon the bill
49 in dispute, shall be increased by the amount of the fee paid by such
50 party. Where a partial award is made, the amount due, based upon the
51 bill in dispute shall be increased by a part of such fee.] Each member
52 of the arbitration committee shall be entitled to receive and shall be
53 paid a fee for each day's attendance at an arbitration session in an
54 amount fixed by the chair of the workers' compensation board.
55 S 8. Section 24-a of the workers' compensation law, as amended by
56 chapter 133 of the laws of 1982, subdivision 1 as amended by chapter 61
S. 2005 13 A. 3005
1 of the laws of 1989, subdivision 2 as amended and subdivision 5 as added
2 by chapter 347 of the laws of 1987, is amended to read as follows:
3 S 24-a. Representation before the workers' compensation board. 1. No
4 person, firm or corporation, other than an attorney and counsellor-at-
5 law, shall appear on behalf of any claimant or person entitled to the
6 benefits of this chapter, before the board or any officer, agent or
7 employee of the board assigned to conduct any hearing, investigation or
8 inquiry relative to a claim for compensation or benefits under this
9 chapter, unless he or she shall be a citizen of the United States or an
10 alien lawfully admitted for permanent residence in the United States,
11 and shall have obtained from the board a license authorizing him or her
12 to appear in matters or proceedings before the board. Such license shall
13 be issued by the board in accordance with the rules established by it.
14 Any person, firm or corporation violating the aforesaid provisions shall
15 be guilty of a misdemeanor. The board, in its rules, shall provide for
16 the issuance of licenses to representatives of charitable and welfare
17 organizations, and to associations who employ a representative to appear
18 for members of such association, upon certification of the proper offi-
19 cer of such association or organization, which licenses shall issue
20 without charge; and may provide for a license WITHOUT fee in the case of
21 all other persons, firms or corporations in an amount to be fixed by
22 said rules[, not exceeding the sum of one hundred dollars a year. All
23 license fees collected under the provisions of this section shall be
24 paid into the state treasury]. The board shall have such tests of char-
25 acter and fitness with respect to applicants for licenses, and such
26 rules governing the conduct of those licensed, as aforesaid, as it may
27 deem necessary.
28 2. There shall be maintained in each office of the board a registry or
29 list of persons to whom licenses have been issued as provided herein,
30 which list shall be corrected as often as licenses are issued or
31 revoked. Absence of a record of a license issued as herein provided
32 shall be prima facie evidence that a person, firm or corporation is not
33 licensed to represent claimants. Any such license may be revoked by the
34 board, for cause, after a hearing before the board. No license hereunder
35 shall be issued for a period longer than three years from the date of
36 its issuance.
37 [3. No fee or allowance, in accordance with the provisions of section
38 twenty-four of this chapter, shall be made for services rendered by any
39 such person, firm or corporation who has received a license hereunder
40 without payment of a license fee.
41 4.] 3. Refusal by any person to whom a license has been issued author-
42 izing him to appear on behalf of any claimant to answer, upon request of
43 the board, or other duly authorized officer, board or committee of the
44 state, any legal question or to produce any relevant book or paper
45 concerning his conduct under such license, shall constitute adequate
46 cause for revocation thereof.
47 [5.] 4. Only an attorney, or a representative licensed in accordance
48 with rules established by the board pursuant to subdivisions three-b and
49 three-d of section fifty of this chapter, shall appear on behalf of an
50 employer or an insurance carrier regarding a claim for compensation or
51 any benefits under this chapter before the board or any officer, agent
52 or employee of the board assigned to conduct any hearing relative to a
53 claim for compensation or benefits under this chapter. The provisions of
54 this subdivision shall not apply to a designated regular employee of a
55 self-insured employer, or of an insurance carrier appearing on behalf of
S. 2005 14 A. 3005
1 his or her employer, but the board may prohibit the appearance of any
2 such employee for cause.
3 S 9. This act shall take effect April 1, 2015.
4 PART E
5 Section 1. The article heading of article 14 of the election law is
6 amended to read as follows:
7 [Campaign Receipts and Expenditures] CAMPAIGN RECEIPTS AND EXPENDI-
8 TURES; PUBLIC FINANCING
9 S 2. Section 14-100 of the election law is amended by adding two new
10 subdivisions 15 and 16 to read as follows:
11 15. "INTERMEDIARY" MEANS AN INDIVIDUAL, CORPORATION, PARTNERSHIP,
12 POLITICAL COMMITTEE, LABOR ORGANIZATION, OR OTHER ENTITY WHICH, OTHER
13 THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY, OR MESSEN-
14 GER SERVICE, DELIVERS ANY CONTRIBUTION FROM ANOTHER PERSON OR ENTITY TO
15 A CANDIDATE OR AN AUTHORIZED COMMITTEE.
16 "INTERMEDIARY" SHALL NOT INCLUDE SPOUSES, PARENTS, CHILDREN, OR
17 SIBLINGS OF THE PERSON MAKING SUCH CONTRIBUTION.
18 16. "AUTHORIZED COMMITTEE" MEANS THE SINGLE POLITICAL COMMITTEE DESIG-
19 NATED BY A CANDIDATE TO RECEIVE ALL CONTRIBUTIONS AUTHORIZED BY THIS
20 TITLE.
21 S 3. Subdivision 1 of section 14-102 of the election law, as amended
22 by chapter 8 and as redesignated by chapter 9 of the laws of 1978, is
23 amended to read as follows:
24 1. The treasurer of every political committee which, or any officer,
25 member or agent of any such committee who, in connection with any
26 election, receives or expends any money or other valuable thing or
27 incurs any liability to pay money or its equivalent shall file state-
28 ments sworn, or subscribed and bearing a form notice that false state-
29 ments made therein are punishable as a class A misdemeanor pursuant to
30 section 210.45 of the penal law, at the times prescribed by this [arti-
31 cle] TITLE setting forth all the receipts, contributions to and the
32 expenditures by and liabilities of the committee, and of its officers,
33 members and agents in its behalf. Such statements shall include the
34 dollar amount of any receipt, contribution or transfer, or the fair
35 market value of any receipt, contribution or transfer, which is other
36 than of money, the name and address of the transferor, contributor,
37 INTERMEDIARY, or person from whom received, and if the transferor,
38 contributor, INTERMEDIARY, or person is a political committee; the name
39 of and the political unit represented by the committee, the date of its
40 receipt, the dollar amount of every expenditure, the name and address of
41 the person to whom it was made or the name of and the political unit
42 represented by the committee to which it was made and the date thereof,
43 and shall state clearly the purpose of such expenditure. AN INTERMEDIARY
44 NEED NOT BE REPORTED FOR A CONTRIBUTION THAT WAS COLLECTED FROM A
45 CONTRIBUTOR IN CONNECTION WITH A PARTY OR OTHER CANDIDATE-RELATED EVENT
46 HELD AT THE RESIDENCE OF THE PERSON DELIVERING THE CONTRIBUTION, UNLESS
47 THE EXPENSES OF SUCH EVENT AT SUCH RESIDENCE FOR SUCH CANDIDATE EXCEED
48 FIVE HUNDRED DOLLARS OR THE AGGREGATE CONTRIBUTIONS RECEIVED FROM THAT
49 CONTRIBUTOR AT SUCH EVENT EXCEED FIVE HUNDRED DOLLARS. Any statement
50 reporting a loan shall have attached to it a copy of the evidence of
51 indebtedness. Expenditures in sums under fifty dollars need not be
52 specifically accounted for by separate items in said statements, and
53 receipts and contributions aggregating not more than ninety-nine
54 dollars, from any one contributor need not be specifically accounted for
S. 2005 15 A. 3005
1 by separate items in said statements, provided however, that such
2 expenditures, receipts and contributions shall be subject to the other
3 provisions of section 14-118 of this [article] TITLE.
4 S 4. Subdivision 3 of section 14-124 of the election law, as amended
5 by chapter 71 of the laws of 1988, is amended to read as follows:
6 3. The contribution and receipt limits of this article shall not apply
7 to monies received and expenditures made by a party committee or consti-
8 tuted committee to maintain a permanent headquarters and staff and carry
9 on ordinary activities which are not for the express purpose of promot-
10 ing the candidacy of specific candidates, EXCEPT THAT CONTRIBUTIONS MADE
11 FOR SUCH ACTIVITIES TO A PARTY COMMITTEE OR CONSTITUTED COMMITTEE SHALL
12 BE LIMITED TO TWENTY-FIVE THOUSAND DOLLARS IN THE AGGREGATE FROM EACH
13 CONTRIBUTOR IN EACH YEAR.
14 S 5. Subdivision 2 of section 14-108 of the election law, as amended
15 by chapter 109 of the laws of 1997, is amended to read as follows:
16 2. Each statement shall cover the period up to and including the
17 fourth day next preceding the day specified for the filing thereof[;
18 provided, however, that]. THE RECEIPT OF ANY CONTRIBUTION OR LOAN IN
19 EXCESS OF ONE THOUSAND DOLLARS SHALL BE DISCLOSED WITHIN FORTY-EIGHT
20 HOURS OF RECEIPT, AND SHALL BE REPORTED IN THE SAME MANNER AS ANY OTHER
21 CONTRIBUTION OR LOAN ON THE NEXT APPLICABLE STATEMENT. HOWEVER, any
22 contribution or loan in excess of one thousand dollars, if received
23 after the close of the period to be covered in the last statement filed
24 before any primary, general or special election but before such
25 election, shall be reported, in the same manner as other contributions,
26 within twenty-four hours after receipt.
27 S 6. Subdivisions 1 and 10 of section 14-114 of the election law,
28 subdivision 1 as amended and subdivision 10 as added by chapter 79 of
29 the laws of 1992 and paragraphs a and b of subdivision 1 as amended by
30 chapter 659 of the laws of 1994, are amended to read as follows:
31 1. The following limitations apply to all contributions to candidates
32 for election to any public office or for nomination for any such office,
33 or for election to any party positions, and to all contributions to
34 political committees working directly or indirectly with any candidate
35 to aid or participate in such candidate's nomination or election, other
36 than any contributions to any party committee or constituted committee:
37 a. In any election for a public office to be voted on by the voters of
38 the entire state, or for nomination to any such office, no contributor
39 may make a contribution to any candidate or political committee PARTIC-
40 IPATING IN THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM AS DEFINED IN
41 TITLE TWO OF THIS ARTICLE, and no SUCH candidate or political committee
42 may accept any contribution from any contributor, which is in the aggre-
43 gate amount greater than: (i) in the case of any nomination to public
44 office, the product of the total number of enrolled voters in the candi-
45 date's party in the state, excluding voters in inactive status, multi-
46 plied by $.005, but such amount shall be not [less than four thousand
47 dollars nor] more than [twelve] SIX thousand dollars [as increased or
48 decreased by the cost of living adjustment described in paragraph c of
49 this subdivision,] and (ii) in the case of any election to [a] SUCH
50 public office, [twenty-five] SIX thousand dollars [as increased or
51 decreased by the cost of living adjustment described in paragraph c of
52 this subdivision]; provided however, that the maximum amount which may
53 be so contributed or accepted, in the aggregate, from any candidate's
54 child, parent, grandparent, brother and sister, and the spouse of any
55 such persons, shall not exceed in the case of any nomination to public
56 office an amount equivalent to the product of the number of enrolled
S. 2005 16 A. 3005
1 voters in the candidate's party in the state, excluding voters in inac-
2 tive status, multiplied by $.025, and in the case of any election for a
3 public office, an amount equivalent to the product of the number of
4 registered voters in the state excluding voters in inactive status,
5 multiplied by $.025.
6 b. In any other election for party position or for election to a
7 public office or for nomination for any such office, no contributor may
8 make a contribution to any candidate or political committee PARTICIPAT-
9 ING IN THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM DEFINED IN TITLE TWO
10 OF THIS ARTICLE (FOR THOSE OFFICES OR POSITIONS COVERED BY THAT SYSTEM)
11 and no SUCH candidate or political committee may accept any contribution
12 from any contributor, which is in the aggregate amount greater than: (i)
13 in the case of any election for party position, or for nomination to
14 public office, the product of the total number of enrolled voters in the
15 candidate's party in the district in which he is a candidate, excluding
16 voters in inactive status, multiplied by $.05, and (ii) in the case of
17 any election for a public office, the product of the total number of
18 registered voters in the district, excluding voters in inactive status,
19 multiplied by $.05, however in the case of a nomination within the city
20 of New York for the office of mayor, public advocate or comptroller,
21 such amount shall be not less than four thousand dollars nor more than
22 twelve thousand dollars as increased or decreased by the cost of living
23 adjustment described in paragraph [c] E of this subdivision; in the case
24 of an election within the city of New York for the office of mayor,
25 public advocate or comptroller, twenty-five thousand dollars as
26 increased or decreased by the cost of living adjustment described in
27 paragraph [c] E of this subdivision; in the case of a nomination OR
28 ELECTION for state senator, four thousand dollars [as increased or
29 decreased by the cost of living adjustment described in paragraph c of
30 this subdivision; in the case of an election for state senator, six
31 thousand two hundred fifty dollars as increased or decreased by the cost
32 of living adjustment described in paragraph c of this subdivision]; in
33 the case of an election or nomination for a member of the assembly,
34 [twenty-five hundred] TWO THOUSAND dollars [as increased or decreased by
35 the cost of living adjustment described in paragraph c of this subdivi-
36 sion; but in no event shall any such maximum exceed fifty thousand
37 dollars or be less than one thousand dollars]; provided however, that
38 the maximum amount which may be so contributed or accepted, in the
39 aggregate, from any candidate's child, parent, grandparent, brother and
40 sister, and the spouse of any such persons, shall not exceed in the case
41 of any election for party position or nomination for public office an
42 amount equivalent to the number of enrolled voters in the candidate's
43 party in the district in which he is a candidate, excluding voters in
44 inactive status, multiplied by $.25 and in the case of any election to
45 public office, an amount equivalent to the number of registered voters
46 in the district, excluding voters in inactive status, multiplied by
47 $.25; or twelve hundred fifty dollars, whichever is greater, or in the
48 case of a nomination or election of a state senator, twenty thousand
49 dollars, whichever is greater, or in the case of a nomination or
50 election of a member of the assembly twelve thousand five hundred
51 dollars, whichever is greater, but in no event shall any such maximum
52 exceed one hundred thousand dollars.
53 C. IN ANY ELECTION FOR A PUBLIC OFFICE TO BE VOTED ON BY THE VOTERS
54 OF THE ENTIRE STATE, OR FOR NOMINATION TO ANY SUCH OFFICE, NO CONTRIBU-
55 TOR MAY MAKE A CONTRIBUTION TO ANY CANDIDATE OR POLITICAL COMMITTEE IN
56 CONNECTION WITH A CANDIDATE WHO IS NOT A PARTICIPATING CANDIDATE AS
S. 2005 17 A. 3005
1 DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200-A OF THIS ARTICLE, AND
2 NO SUCH CANDIDATE OR POLITICAL COMMITTEE MAY ACCEPT ANY CONTRIBUTION
3 FROM ANY CONTRIBUTOR, WHICH IS IN THE AGGREGATE AMOUNT GREATER THAN:
4 (I) IN THE CASE OF ANY NOMINATION TO PUBLIC OFFICE, THE PRODUCT OF THE
5 TOTAL NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN THE STATE,
6 EXCLUDING VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.005, BUT SUCH
7 AMOUNT SHALL BE NOT LESS THAN FOUR THOUSAND DOLLARS NOR MORE THAN TEN
8 THOUSAND DOLLARS, AND (II) IN THE CASE OF ANY ELECTION TO A PUBLIC
9 OFFICE, FIFTEEN THOUSAND DOLLARS; PROVIDED HOWEVER, THAT THE MAXIMUM
10 AMOUNT WHICH MAY BE SO CONTRIBUTED OR ACCEPTED, IN THE AGGREGATE, FROM
11 ANY CANDIDATE'S CHILD, PARENT, GRANDPARENT, BROTHER AND SISTER, AND THE
12 SPOUSE OF ANY SUCH PERSONS, SHALL NOT EXCEED IN THE CASE OF ANY NOMI-
13 NATION TO PUBLIC OFFICE AN AMOUNT EQUIVALENT TO THE PRODUCT OF THE
14 NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN THE STATE, EXCLUD-
15 ING VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.025, AND IN THE CASE OF
16 ANY ELECTION FOR A PUBLIC OFFICE, AN AMOUNT EQUIVALENT TO THE PRODUCT OF
17 THE NUMBER OF REGISTERED VOTERS IN THE STATE EXCLUDING VOTERS IN INAC-
18 TIVE STATUS, MULTIPLIED BY $.025.
19 D. IN ANY OTHER ELECTION FOR PARTY POSITION OR FOR ELECTION TO A
20 PUBLIC OFFICE OR FOR NOMINATION FOR ANY SUCH OFFICE, NO CONTRIBUTOR MAY
21 MAKE A CONTRIBUTION TO ANY CANDIDATE OR POLITICAL COMMITTEE IN
22 CONNECTION WITH A CANDIDATE WHO IS NOT A PARTICIPATING CANDIDATE AS
23 DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200-A OF THIS ARTICLE AND
24 NO SUCH CANDIDATE OR POLITICAL COMMITTEE MAY ACCEPT ANY CONTRIBUTION
25 FROM ANY CONTRIBUTOR, WHICH IS IN THE AGGREGATE AMOUNT GREATER THAN: (I)
26 IN THE CASE OF ANY ELECTION FOR PARTY POSITION, OR FOR NOMINATION TO
27 PUBLIC OFFICE, THE PRODUCT OF THE TOTAL NUMBER OF ENROLLED VOTERS IN THE
28 CANDIDATE'S PARTY IN THE DISTRICT IN WHICH HE IS A CANDIDATE, EXCLUDING
29 VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.05, AND (II) IN THE CASE OF
30 ANY ELECTION FOR A PUBLIC OFFICE, THE PRODUCT OF THE TOTAL NUMBER OF
31 REGISTERED VOTERS IN THE DISTRICT, EXCLUDING VOTERS IN INACTIVE STATUS,
32 MULTIPLIED BY $.05, HOWEVER IN THE CASE OF A NOMINATION WITHIN THE CITY
33 OF NEW YORK FOR THE OFFICE OF MAYOR, PUBLIC ADVOCATE OR COMPTROLLER,
34 SUCH AMOUNT SHALL BE NOT LESS THAN FOUR THOUSAND DOLLARS NOR MORE THAN
35 TWELVE THOUSAND DOLLARS AS INCREASED OR DECREASED BY THE COST OF LIVING
36 ADJUSTMENT DESCRIBED IN PARAGRAPH E OF THIS SUBDIVISION; IN THE CASE OF
37 AN ELECTION WITHIN THE CITY OF NEW YORK FOR THE OFFICE OF MAYOR, PUBLIC
38 ADVOCATE OR COMPTROLLER, TWENTY-FIVE THOUSAND DOLLARS AS INCREASED OR
39 DECREASED BY THE COST OF LIVING ADJUSTMENT DESCRIBED IN PARAGRAPH E OF
40 THIS SUBDIVISION; IN THE CASE OF A NOMINATION OR ELECTION FOR STATE
41 SENATOR, FIVE THOUSAND DOLLARS; IN THE CASE OF AN ELECTION OR NOMINATION
42 FOR A MEMBER OF THE ASSEMBLY, THREE THOUSAND DOLLARS; PROVIDED HOWEVER,
43 THAT THE MAXIMUM AMOUNT WHICH MAY BE SO CONTRIBUTED OR ACCEPTED, IN THE
44 AGGREGATE, FROM ANY CANDIDATE'S CHILD, PARENT, GRANDPARENT, BROTHER AND
45 SISTER, AND THE SPOUSE OF ANY SUCH PERSONS, SHALL NOT EXCEED IN THE CASE
46 OF ANY ELECTION FOR PARTY POSITION OR NOMINATION FOR PUBLIC OFFICE AN
47 AMOUNT EQUIVALENT TO THE NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S
48 PARTY IN THE DISTRICT IN WHICH HE IS A CANDIDATE, EXCLUDING VOTERS IN
49 INACTIVE STATUS, MULTIPLIED BY $.25 AND IN THE CASE OF ANY ELECTION TO
50 PUBLIC OFFICE, AN AMOUNT EQUIVALENT TO THE NUMBER OF REGISTERED VOTERS
51 IN THE DISTRICT, EXCLUDING VOTERS IN INACTIVE STATUS, MULTIPLIED BY
52 $.25; OR TWELVE HUNDRED FIFTY DOLLARS, WHICHEVER IS GREATER, OR IN THE
53 CASE OF A NOMINATION OR ELECTION OF A STATE SENATOR, TWENTY THOUSAND
54 DOLLARS, WHICHEVER IS GREATER, OR IN THE CASE OF A NOMINATION OR
55 ELECTION OF A MEMBER OF THE ASSEMBLY TWELVE THOUSAND FIVE HUNDRED
S. 2005 18 A. 3005
1 DOLLARS, WHICHEVER IS GREATER, BUT IN NO EVENT SHALL ANY SUCH MAXIMUM
2 EXCEED ONE HUNDRED THOUSAND DOLLARS.
3 E. At the beginning of each fourth calendar year, commencing in [nine-
4 teen hundred ninety-five] TWO THOUSAND TWENTY-ONE, the state board shall
5 determine the percentage of the difference between the most recent
6 available monthly consumer price index for all urban consumers published
7 by the United States bureau of labor statistics and such consumer price
8 index published for the same month four years previously. The amount of
9 each contribution limit fixed AND EXPRESSLY IDENTIFIED FOR ADJUSTMENT in
10 this subdivision shall be adjusted by the amount of such percentage
11 difference to the closest one hundred dollars by the state board which,
12 not later than the first day of February in each such year, shall issue
13 a regulation publishing the amount of each such contribution limit. Each
14 contribution limit as so adjusted shall be the contribution limit in
15 effect for any election held before the next such adjustment.
16 F. EACH PARTY OR CONSTITUTED COMMITTEE MAY TRANSFER TO, OR SPEND TO
17 ELECT OR OPPOSE A CANDIDATE, OR TRANSFER TO ANOTHER PARTY OR CONSTITUTED
18 COMMITTEE, NO MORE THAN FIVE THOUSAND DOLLARS PER ELECTION, EXCEPT THAT
19 SUCH COMMITTEE MAY IN ADDITION TO SUCH TRANSFERS OR EXPENDITURES:
20 (I) IN A GENERAL OR SPECIAL ELECTION TRANSFER TO, OR SPEND TO ELECT OR
21 OPPOSE A CANDIDATE, NO MORE THAN FIVE HUNDRED DOLLARS RECEIVED FROM EACH
22 CONTRIBUTOR; AND
23 (II) IN ANY ELECTION SPEND WITHOUT LIMITATION FOR NON-CANDIDATE
24 EXPENDITURES NOT DESIGNED OR INTENDED TO ELECT A PARTICULAR CANDIDATE OR
25 CANDIDATES.
26 G. NOTWITHSTANDING ANY OTHER CONTRIBUTION LIMIT IN THIS SECTION,
27 PARTICIPATING CANDIDATES AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION
28 14-200-A OF THIS ARTICLE MAY CONTRIBUTE, OUT OF THEIR OWN MONEY, THREE
29 TIMES THE APPLICABLE CONTRIBUTION LIMIT TO THEIR OWN AUTHORIZED COMMIT-
30 TEE.
31 10. [a.] No contributor may make a contribution to a party or consti-
32 tuted committee and no such committee may accept a contribution from any
33 contributor which, in the aggregate, is greater than [sixty-two thousand
34 five hundred] TWENTY-FIVE THOUSAND dollars per annum.
35 [b. At the beginning of each fourth calendar year, commencing in nine-
36 teen hundred ninety-five, the state board shall determine the percentage
37 of the difference between the most recent available monthly consumer
38 price index for all urban consumers published by the United States
39 bureau of labor statistics and such consumer price index published for
40 the same month four years previously. The amount of such contribution
41 limit fixed in paragraph a of this subdivision shall be adjusted by the
42 amount of such percentage difference to the closest one hundred dollars
43 by the state board which, not later than the first day of February in
44 each such year, shall issue a regulation publishing the amount of such
45 contribution limit. Such contribution limit as so adjusted shall be the
46 contribution limit in effect for any election held before the next such
47 adjustment.]
48 S 7. Section 14-116 of the election law, subdivision 1 as redesignated
49 by chapter 9 of the laws of 1978 and subdivision 2 as amended by chapter
50 260 of the laws of 1981, is amended to read as follows:
51 S 14-116. Political contributions by certain organizations. 1. No
52 corporation, LIMITED LIABILITY COMPANY, or joint-stock association doing
53 business in this state, except a corporation or association organized or
54 maintained for political purposes only, shall directly or indirectly pay
55 or use or offer, consent or agree to pay or use any money or property
56 for or in aid of any political party, committee or organization, or for,
S. 2005 19 A. 3005
1 or in aid of, any corporation, LIMITED LIABILITY COMPANY, joint-stock or
2 other association organized or maintained for political purposes, or
3 for, or in aid of, any candidate for political office or for nomination
4 for such office, or for any political purpose whatever, or for the
5 reimbursement or indemnification of any person for moneys or property so
6 used. Any officer, director, stock-holder, attorney or agent of any
7 corporation, LIMITED LIABILITY COMPANY, or joint-stock association which
8 violates any of the provisions of this section, who participates in,
9 aids, abets or advises or consents to any such violations, and any
10 person who solicits or knowingly receives any money or property in
11 violation of this section, shall be guilty of a misdemeanor.
12 2. Notwithstanding the provisions of subdivision one of this section,
13 any corporation or an organization financially supported in whole or in
14 part, by such corporation may make expenditures, including contrib-
15 utions, not otherwise prohibited by law, for political purposes, in an
16 amount not to exceed [five] ONE thousand dollars in the aggregate in any
17 calendar year; provided that no public utility shall use revenues
18 received from the rendition of public service within the state for
19 contributions for political purposes unless such cost is charged to the
20 shareholders of such a public service corporation.
21 S 8. Section 14-130 of the election law, as added by chapter 152 of
22 the laws of 1985, is amended to read as follows:
23 S 14-130. Campaign funds for personal use. 1. Contributions received
24 by a candidate or a political committee may be expended for any lawful
25 purpose THAT IS DIRECTLY RELATED TO PROMOTING THE NOMINATION OR ELECTION
26 OF A CANDIDATE OR THE EXECUTION OF DUTIES ASSOCIATED WITH THE HOLDING OF
27 A PUBLIC OFFICE OR PARTY POSITION. Such funds shall not be converted by
28 any person to a personal use [which is unrelated to a political campaign
29 or the holding of a public office or party position].
30 2. NO CONTRIBUTION SHALL BE USED TO PAY INTEREST OR ANY OTHER FINANCE
31 CHARGES UPON MONIES LOANED TO THE CAMPAIGN BY SUCH CANDIDATE OR THE
32 SPOUSE OF SUCH CANDIDATE.
33 3. (A) AS USED IN THIS SECTION, EXPENDITURES FOR "PERSONAL USE" ARE
34 DEFINED AS EXPENDITURES THAT ARE EXCLUSIVELY FOR THE PERSONAL BENEFIT OF
35 THE CANDIDATE OR ANY OTHER INDIVIDUAL, AND ARE USED TO FULFILL ANY
36 COMMITMENT, OBLIGATION, OR EXPENSE OF A PERSON THAT WOULD EXIST IRRE-
37 SPECTIVE OF THE CANDIDATE'S ELECTION CAMPAIGN OR THE EXECUTION OF THE
38 DUTIES OF PUBLIC OFFICE OR THE EXECUTION OF THE DUTIES OF A PARTY OFFI-
39 CIAL.
40 (B) EXPENDITURES FOR PERSONAL USE SHALL INCLUDE, BUT ARE NOT LIMITED
41 TO, EXPENSES FOR THE FOLLOWING:
42 (I) ANY RESIDENTIAL OR HOUSEHOLD ITEMS, SUPPLIES OR EXPENDITURES,
43 INCLUDING MORTGAGE, RENT OR UTILITY PAYMENTS FOR ANY PART OF ANY
44 PERSONAL RESIDENCE OF A CANDIDATE OR OFFICEHOLDER OR A MEMBER OF THE
45 CANDIDATE'S OR OFFICEHOLDER'S FAMILY THAT ARE NOT INCURRED AS A RESULT
46 OF, OR TO FACILITATE, THE INDIVIDUAL'S CAMPAIGN, OR THE EXECUTION OF HIS
47 OR HER PUBLIC DUTIES. IN THE EVENT THAT ANY PROPERTY OR BUILDING IS USED
48 FOR BOTH PERSONAL AND CAMPAIGN USE, PERSONAL USE SHALL CONSTITUTE
49 EXPENSES THAT EXCEED THE PRO-RATED AMOUNT FOR SUCH EXPENSES BASED ON
50 FAIR-MARKET VALUE.
51 (II) MORTGAGE, RENT, OR UTILITY PAYMENTS FOR ANY PART OF ANY NON-
52 RESIDENTIAL PROPERTY THAT IS OWNED BY A CANDIDATE OR OFFICEHOLDER OR A
53 MEMBER OF A CANDIDATE'S OR OFFICEHOLDER'S FAMILY AND USED FOR CAMPAIGN
54 PURPOSES, TO THE EXTENT THE PAYMENTS EXCEED THE FAIR MARKET VALUE OF THE
55 PROPERTY'S USAGE FOR CAMPAIGN ACTIVITIES;
56 (III) CLOTHING, OTHER THAN ITEMS THAT ARE USED IN THE CAMPAIGN;
S. 2005 20 A. 3005
1 (IV) TUITION PAYMENTS;
2 (V) CHILDCARE COSTS;
3 (VI) DUES, FEES, OR GRATUITIES AT A COUNTRY CLUB, HEALTH CLUB, RECRE-
4 ATIONAL FACILITY OR OTHER NONPOLITICAL ORGANIZATION, UNLESS THEY ARE
5 PART OF A SPECIFIC FUNDRAISING EVENT THAT TAKES PLACE ON THE ORGANIZA-
6 TION'S PREMISES;
7 (VII) SALARY PAYMENTS OR OTHER COMPENSATION PROVIDED TO ANY PERSON
8 WHOSE SERVICES ARE NOT SOLELY FOR CAMPAIGN PURPOSES OR PROVIDED IN
9 CONNECTION WITH THE EXECUTION OF THE DUTIES OF PUBLIC OFFICE;
10 (VIII) SALARY PAYMENTS OR OTHER COMPENSATION PROVIDED TO A MEMBER OF A
11 CANDIDATE'S FAMILY, UNLESS THE FAMILY MEMBER IS PROVIDING BONA FIDE
12 SERVICES TO THE CAMPAIGN. IF A FAMILY MEMBER PROVIDES BONA FIDE SERVICES
13 TO A CAMPAIGN, ANY SALARY PAYMENTS OR OTHER COMPENSATION IN EXCESS OF
14 THE FAIR MARKET VALUE OF THE SERVICES PROVIDED SHALL BE CONSIDERED
15 PAYMENTS FOR PERSONAL USE;
16 (IX) ADMISSION TO A SPORTING EVENT, CONCERT, THEATER, OR OTHER FORM OF
17 ENTERTAINMENT, UNLESS SUCH EVENT IS PART OF A CAMPAIGN OR OFFICEHOLDER
18 ACTIVITY;
19 (X) PAYMENT OF ANY FINES OR PENALTIES ASSESSED PURSUANT TO THIS CHAP-
20 TER OR IN CONNECTION WITH A CRIMINAL CONVICTION OR BY THE JOINT COMMIS-
21 SION FOR PUBLIC ETHICS OR THE LEGISLATIVE ETHICS COMMISSION;
22 (XI) TRAVEL EXPENSES INCLUDING AUTOMOBILE PURCHASES OR LEASES, UNLESS
23 USED SOLELY FOR CAMPAIGN PURPOSES OR IN CONNECTION WITH THE EXECUTION OF
24 THE DUTIES OF PUBLIC OFFICE. IF A CANDIDATE USES CAMPAIGN FUNDS TO PAY
25 EXPENSES ASSOCIATED WITH TRAVEL THAT INVOLVES BOTH PERSONAL ACTIVITIES
26 AND CAMPAIGN ACTIVITIES OR OFFICIAL DUTIES, THE INCREMENTAL EXPENSES
27 THAT RESULT FROM THE PERSONAL ACTIVITIES SHALL BE CONSIDERED FOR
28 PERSONAL USE UNLESS THE PERSON OR PERSONS BENEFITING FROM THE USE REIM-
29 BURSE OR REIMBURSES THE CAMPAIGN ACCOUNT WITHIN NINETY DAYS FOR THE FULL
30 AMOUNT OF THE INCREMENTAL EXPENSES; AND
31 (XII) ANY OTHER EXPENDITURE DESIGNATED BY THE STATE BOARD OF ELECTIONS
32 AS CONSTITUTING PERSONAL USE.
33 4. NOTHING IN THIS SECTION SHALL PROHIBIT A CANDIDATE FROM PURCHASING
34 EQUIPMENT OR PROPERTY FROM HIS OR HER PERSONAL FUNDS AND LEASING OR
35 RENTING SUCH EQUIPMENT OR PROPERTY TO A COMMITTEE WORKING DIRECTLY OR
36 INDIRECTLY WITH HIM TO AID OR PARTICIPATE IN HIS OR HER NOMINATION OR
37 ELECTION, INCLUDING AN EXPLORATORY COMMITTEE, PROVIDED THAT THE CANDI-
38 DATE AND HIS OR HER CAMPAIGN TREASURER SIGN A WRITTEN LEASE OR RENTAL
39 AGREEMENT. SUCH AGREEMENT SHALL INCLUDE THE LEASE OR RENTAL PRICE, WHICH
40 SHALL NOT EXCEED THE FAIR LEASE OR RENTAL VALUE OF THE EQUIPMENT. THE
41 CANDIDATE SHALL NOT RECEIVE LEASE OR RENTAL PAYMENTS WHICH, IN THE
42 AGGREGATE, EXCEED THE COST OF PURCHASING THE EQUIPMENT OR PROPERTY.
43 5. NOTHING IN THIS SECTION SHALL PROHIBIT AN ELECTED PUBLIC OFFICE-
44 HOLDER FROM USING CAMPAIGN CONTRIBUTIONS TO FACILITATE, SUPPORT, OR
45 OTHERWISE ASSIST IN THE EXECUTION OR PERFORMANCE OF THE DUTIES OF HIS OR
46 HER PUBLIC OFFICE.
47 6. THE STATE BOARD OF ELECTIONS SHALL ISSUE ADVISORY OPINIONS FROM
48 TIME TO TIME UPON REQUEST TO ADDRESS THE APPLICATION OF THIS SECTION.
49 S 9. Article 14 of the election law is amended by adding a new title
50 II to read as follows:
51 TITLE II
52 PUBLIC FINANCING
53 SECTION 14-200. LEGISLATIVE FINDINGS AND INTENT.
54 14-200-A. DEFINITIONS.
55 14-201. REPORTING REQUIREMENTS.
56 14-202. CONTRIBUTIONS.
S. 2005 21 A. 3005
1 14-203. PROOF OF COMPLIANCE.
2 14-204. ELIGIBILITY.
3 14-205. LIMITS ON PUBLIC FINANCING.
4 14-206. PAYMENT OF PUBLIC MATCHING FUNDS.
5 14-207. USE OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN
6 EXPENDITURES.
7 14-208. POWERS AND DUTIES OF BOARD.
8 14-209. AUDITS AND REPAYMENTS.
9 14-210. ENFORCEMENT AND PENALTIES FOR VIOLATIONS AND OTHER
10 PROCEEDINGS.
11 14-211. REPORTS.
12 14-212. DEBATES FOR CANDIDATES FOR STATEWIDE OFFICE.
13 14-213. SEVERABILITY.
14 S 14-200. LEGISLATIVE FINDINGS AND INTENT. THE LEGISLATURE FINDS THAT
15 REFORM OF NEW YORK STATE'S CAMPAIGN FINANCE SYSTEM IS CRUCIAL TO IMPROV-
16 ING PUBLIC CONFIDENCE IN THE STATE'S DEMOCRATIC PROCESSES AND CONTINUING
17 TO ENSURE A GOVERNMENT THAT IS ACCOUNTABLE TO ALL OF THE VOTERS OF THE
18 STATE REGARDLESS OF WEALTH OR POSITION. THE LEGISLATURE FINDS THAT NEW
19 YORK'S CURRENT SYSTEM OF CAMPAIGN FINANCE, WITH ITS LARGE CONTRIBUTIONS
20 TO CANDIDATES FOR OFFICE AND PARTY COMMITTEES, HAS CREATED THE POTENTIAL
21 FOR AND THE APPEARANCE OF CORRUPTION. THE LEGISLATURE FURTHER FINDS
22 THAT, WHETHER OR NOT THIS SYSTEM CREATES ACTUAL CORRUPTION, THE APPEAR-
23 ANCE OF SUCH CORRUPTION CAN GIVE RISE TO A DISTRUST IN GOVERNMENT AND
24 CITIZEN APATHY THAT UNDERMINE THE DEMOCRATIC OPERATION OF THE POLITICAL
25 PROCESS.
26 THE LEGISLATURE ALSO FINDS THAT THE HIGH COST OF RUNNING FOR OFFICE IN
27 NEW YORK DISCOURAGES QUALIFIED CANDIDATES FROM RUNNING FOR OFFICE AND
28 CREATES AN ELECTORAL SYSTEM THAT ENCOURAGES CANDIDATES TO SPEND TOO MUCH
29 TIME RAISING MONEY RATHER THAN ATTENDING TO THE DUTIES OF THEIR OFFICE,
30 REPRESENTING THE NEEDS OF THEIR CONSTITUENTS, AND COMMUNICATING WITH
31 VOTERS.
32 THE LEGISLATURE AMENDS THIS CHAPTER CREATING A NEW TITLE TWO TO ARTI-
33 CLE FOURTEEN OF THIS CHAPTER TO REDUCE THE POSSIBILITY AND APPEARANCE
34 THAT SPECIAL INTERESTS EXERCISE UNDUE INFLUENCE OVER STATE OFFICIALS; TO
35 INCREASE THE ACTUAL AND APPARENT RESPONSIVENESS OF ELECTED OFFICIALS TO
36 ALL VOTERS; TO ENCOURAGE QUALIFIED CANDIDATES TO RUN FOR OFFICE; AND TO
37 REDUCE THE PRESSURE ON CANDIDATES TO SPEND LARGE AMOUNTS OF TIME RAISING
38 LARGE CONTRIBUTIONS FOR THEIR CAMPAIGNS.
39 THE LEGISLATURE FINDS THAT THIS ARTICLE'S LIMITATIONS ON CONTRIBUTIONS
40 FURTHER THE GOVERNMENT'S INTEREST IN REDUCING REAL AND APPARENT
41 CORRUPTION AND IN BUILDING TRUST IN GOVERNMENT. THE LEGISLATURE FINDS
42 THAT THE CONTRIBUTION LEVELS ARE SUFFICIENTLY HIGH TO ALLOW CANDIDATES
43 AND POLITICAL PARTIES TO RAISE ENOUGH MONEY TO RUN EFFECTIVE CAMPAIGNS.
44 IN ADDITION, THE LEGISLATURE FINDS THAT GRADUATED CONTRIBUTION LIMITA-
45 TIONS REFLECT THE CAMPAIGN NEEDS OF CANDIDATES FOR DIFFERENT OFFICES.
46 THE LEGISLATURE ALSO FINDS THAT THE SYSTEM OF VOLUNTARY PUBLIC FINANC-
47 ING FURTHERS THE GOVERNMENT'S INTEREST IN ENCOURAGING QUALIFIED CANDI-
48 DATES TO RUN FOR OFFICE. THE LEGISLATURE FINDS THAT THE VOLUNTARY PUBLIC
49 FUNDING PROGRAM WILL ENLARGE THE PUBLIC DEBATE AND INCREASE PARTIC-
50 IPATION IN THE DEMOCRATIC PROCESS. IN ADDITION, THE LEGISLATURE FINDS
51 THAT THE VOLUNTARY EXPENDITURE LIMITATIONS AND MATCHING FUND PROGRAM
52 REDUCE THE BURDEN ON CANDIDATES AND OFFICEHOLDERS TO SPEND TIME RAISING
53 MONEY FOR THEIR CAMPAIGNS.
54 THEREFORE, THE LEGISLATURE DECLARES THAT THESE AMENDMENTS FURTHER THE
55 IMPORTANT AND VALID GOVERNMENT INTERESTS OF REDUCING VOTER APATHY,
56 BUILDING CONFIDENCE IN GOVERNMENT, REDUCING THE REALITY AND APPEARANCE
S. 2005 22 A. 3005
1 OF CORRUPTION, AND ENCOURAGING QUALIFIED CANDIDATES TO RUN FOR OFFICE,
2 WHILE REDUCING CANDIDATES' AND OFFICEHOLDERS' FUNDRAISING BURDENS.
3 S 14-200-A. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE, THE FOLLOW-
4 ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
5 1. THE TERM "AUTHORIZED COMMITTEE" SHALL MEAN THE SINGLE COMMITTEE
6 DESIGNATED BY A CANDIDATE PURSUANT TO SECTION 14-201 OF THIS TITLE TO
7 RECEIVE CONTRIBUTIONS AND MAKE EXPENDITURES IN SUPPORT OF THE CANDI-
8 DATE'S CAMPAIGN.
9 2. THE TERM "BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS.
10 3. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS APPEARS IN
11 SUBDIVISION NINE OF SECTION 14-100 OF THIS ARTICLE.
12 4. THE TERM "CONTRIBUTOR" SHALL MEAN ANY PERSON OR ENTITY THAT MAKES A
13 CONTRIBUTION.
14 5. THE TERM "COVERED ELECTION" SHALL MEAN ANY PRIMARY, GENERAL, OR
15 SPECIAL ELECTION FOR NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE
16 OF GOVERNOR, LIEUTENANT GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER,
17 STATE SENATOR, OR MEMBER OF THE ASSEMBLY.
18 6. THE TERM "ELECTION CYCLE" SHALL MEAN THE TWO YEAR PERIOD STARTING
19 THE DAY AFTER THE LAST GENERAL ELECTION FOR CANDIDATES FOR THE STATE
20 LEGISLATURE AND SHALL MEAN THE FOUR YEAR PERIOD STARTING AFTER THE DAY
21 AFTER THE LAST GENERAL ELECTION FOR CANDIDATES FOR STATEWIDE OFFICE.
22 7. THE TERM "EXPENDITURE" SHALL MEAN ANY GIFT, SUBSCRIPTION, ADVANCE,
23 PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF VALUE, OR A CONTRACT TO MAKE
24 ANY GIFT, SUBSCRIPTION, PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF
25 VALUE, MADE IN CONNECTION WITH THE NOMINATION FOR ELECTION, OR ELECTION,
26 OF ANY CANDIDATE. EXPENDITURES MADE BY CONTRACT ARE DEEMED MADE WHEN
27 SUCH FUNDS ARE OBLIGATED.
28 8. THE TERM "FUND" SHALL MEAN THE NEW YORK STATE CAMPAIGN FINANCE
29 FUND.
30 9. THE TERM "IMMEDIATE FAMILY" SHALL MEAN A SPOUSE, CHILD, SIBLING OR
31 PARENT.
32 10. THE TERM "INTERMEDIARY" SHALL MEAN AN INDIVIDUAL, CORPORATION,
33 PARTNERSHIP, POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER ENTITY
34 WHICH BUNDLES, CAUSES TO BE DELIVERED OR OTHERWISE DELIVERS ANY CONTRIB-
35 UTION FROM ANOTHER PERSON OR ENTITY TO A CANDIDATE OR AUTHORIZED COMMIT-
36 TEE, OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY
37 OR MESSENGER SERVICE. PROVIDED, HOWEVER, THAT AN "INTERMEDIARY" SHALL
38 NOT INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS, CHILDREN OR SIBLINGS OF
39 THE PERSON MAKING SUCH CONTRIBUTION OR A STAFF MEMBER OR VOLUNTEER OF
40 THE CAMPAIGN IDENTIFIED IN WRITING TO THE STATE BOARD OF ELECTIONS. HERE
41 "CAUSES TO BE DELIVERED" SHALL INCLUDE PROVIDING POSTAGE, ENVELOPES OR
42 OTHER SHIPPING MATERIALS FOR THE USE OF DELIVERING THE CONTRIBUTION TO
43 THE ULTIMATE RECIPIENT.
44 11. THE TERM "ITEM WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE"
45 SHALL MEAN ANY ITEM, INCLUDING TICKETS TO AN EVENT, THAT ARE VALUED AT
46 TWENTY-FIVE DOLLARS OR MORE.
47 12. (A) THE TERM "MATCHABLE CONTRIBUTION" SHALL MEAN A CONTRIBUTION,
48 CONTRIBUTIONS OR A PORTION OF A CONTRIBUTION OR CONTRIBUTIONS FOR ANY
49 COVERED ELECTIONS HELD IN THE SAME ELECTION CYCLE, MADE BY A NATURAL
50 PERSON WHO IS A UNITED STATES CITIZEN AND RESIDENT IN THE STATE OF NEW
51 YORK TO A PARTICIPATING CANDIDATE, THAT HAS BEEN REPORTED IN FULL TO THE
52 BOARD IN ACCORDANCE WITH SECTIONS 14-102 AND 14-104 OF THIS ARTICLE BY
53 THE CANDIDATE'S AUTHORIZED COMMITTEE AND HAS BEEN CONTRIBUTED ON OR
54 BEFORE THE DAY OF THE APPLICABLE PRIMARY, GENERAL, RUNOFF OR SPECIAL
55 ELECTION. ANY CONTRIBUTION, CONTRIBUTIONS, OR A PORTION OF A CONTRIB-
S. 2005 23 A. 3005
1 UTION DETERMINED TO BE INVALID FOR MATCHING FUNDS BY THE BOARD MAY NOT
2 BE TREATED AS A MATCHABLE CONTRIBUTION FOR ANY PURPOSE.
3 (B) THE FOLLOWING CONTRIBUTIONS ARE NOT MATCHABLE:
4 (I) LOANS;
5 (II) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;
6 (III) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR AN ITEM
7 WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;
8 (IV) TRANSFERS FROM A PARTY OR CONSTITUTED COMMITTEE;
9 (V) ANONYMOUS CONTRIBUTIONS OR CONTRIBUTIONS WHOSE SOURCE IS NOT ITEM-
10 IZED AS REQUIRED BY SECTION 14-201 OF THIS TITLE;
11 (VI) CONTRIBUTIONS GATHERED DURING A PREVIOUS ELECTION CYCLE;
12 (VII) ILLEGAL CONTRIBUTIONS;
13 (VIII) CONTRIBUTIONS FROM MINORS;
14 (IX) CONTRIBUTIONS FROM VENDORS FOR CAMPAIGNS; AND
15 (X) CONTRIBUTIONS FROM LOBBYISTS REGISTERED PURSUANT TO SUBDIVISION
16 (A) OF SECTION ONE-C OF THE LEGISLATIVE LAW.
17 13. THE TERM "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR A
18 COVERED ELECTION WHO FAILS TO FILE A WRITTEN CERTIFICATION IN THE FORM
19 OF AN AFFIDAVIT UNDER SECTION 14-204 OF THIS TITLE BY THE APPLICABLE
20 DEADLINE.
21 14. THE TERM "PARTICIPATING CANDIDATE" SHALL MEAN ANY CANDIDATE FOR
22 NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE OF GOVERNOR, LIEU-
23 TENANT GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER, STATE SENATOR, OR
24 MEMBER OF THE ASSEMBLY WHO FILES A WRITTEN CERTIFICATION IN THE FORM OF
25 AN AFFIDAVIT PURSUANT TO SECTION 14-204 OF THIS TITLE.
26 15. THE TERM "POST-ELECTION PERIOD" SHALL MEAN THE FIVE YEARS FOLLOW-
27 ING AN ELECTION WHEN A CANDIDATE IS SUBJECT TO AN AUDIT.
28 16. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDI-
29 TURE FOR WHICH PUBLIC MATCHING FUNDS MAY BE USED.
30 17. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE AMOUNT OF
31 MATCHABLE CONTRIBUTIONS THAT A CANDIDATE'S AUTHORIZED COMMITTEE MUST
32 RECEIVE IN TOTAL IN ORDER FOR SUCH CANDIDATE TO QUALIFY FOR VOLUNTARY
33 PUBLIC FINANCING UNDER THIS TITLE.
34 18. THE TERM "TRANSFER" SHALL MEAN ANY EXCHANGE OF FUNDS BETWEEN A
35 PARTY OR CONSTITUTED COMMITTEE AND A CANDIDATE OR ANY OF HIS OR HER
36 AUTHORIZED COMMITTEES.
37 S 14-201. REPORTING REQUIREMENTS. 1. POLITICAL COMMITTEE REGISTRA-
38 TION. POLITICAL COMMITTEES AS DEFINED PURSUANT TO SUBDIVISION ONE OF
39 SECTION 14-100 OF THIS ARTICLE SHALL REGISTER WITH THE BOARD BEFORE
40 MAKING ANY CONTRIBUTION OR EXPENDITURE. THE BOARD SHALL PUBLISH A CUMU-
41 LATIVE LIST OF POLITICAL COMMITTEES THAT HAVE REGISTERED, INCLUDING ON
42 ITS WEBPAGE, AND REGULARLY UPDATE IT.
43 2. ONLY ONE AUTHORIZED COMMITTEE PER CANDIDATE PER ELECTIVE OFFICE
44 SOUGHT. BEFORE RECEIVING ANY CONTRIBUTION OR MAKING ANY EXPENDITURE FOR
45 A COVERED ELECTION, EACH CANDIDATE SHALL NOTIFY THE BOARD AS TO THE
46 EXISTENCE OF HIS OR HER AUTHORIZED COMMITTEE THAT HAS BEEN APPROVED BY
47 SUCH CANDIDATE. EACH CANDIDATE SHALL HAVE ONE AND ONLY ONE AUTHORIZED
48 COMMITTEE PER ELECTIVE OFFICE SOUGHT. EACH AUTHORIZED COMMITTEE SHALL
49 HAVE A TREASURER AND IS SUBJECT TO THE RESTRICTIONS FOUND IN SECTION
50 14-112 OF THIS ARTICLE.
51 3. DISCLOSURE REPORTS. (A) DETAILED REPORTING. IN ADDITION TO EACH
52 AUTHORIZED AND POLITICAL COMMITTEE REPORTING TO THE BOARD EVERY CONTRIB-
53 UTION AND LOAN RECEIVED AND EVERY EXPENDITURE MADE IN THE TIME AND
54 MANNER PRESCRIBED BY SECTIONS 14-102, 14-104 AND 14-108 OF THIS ARTICLE,
55 EACH AUTHORIZED AND POLITICAL COMMITTEE SHALL ALSO SUBMIT DISCLOSURE
56 REPORTS ON MARCH FIFTEENTH AND MAY FIFTEENTH OF EACH ELECTION YEAR
S. 2005 24 A. 3005
1 REPORTING TO THE BOARD EVERY CONTRIBUTION AND LOAN RECEIVED AND EVERY
2 EXPENDITURE MADE. FOR CONTRIBUTORS WHO MAKE CONTRIBUTIONS OF FIVE
3 HUNDRED DOLLARS OR MORE, EACH AUTHORIZED AND POLITICAL COMMITTEE SHALL
4 REPORT TO THE BOARD THE OCCUPATION, AND BUSINESS ADDRESS OF EACH
5 CONTRIBUTOR, LENDER, AND INTERMEDIARY. THE BOARD SHALL REVISE, PREPARE
6 AND POST FORMS ON ITS WEBPAGE THAT FACILITATE COMPLIANCE WITH THE
7 REQUIREMENTS OF THIS SECTION.
8 (B) BOARD REVIEW. THE BOARD SHALL REVIEW EACH DISCLOSURE REPORT FILED
9 AND SHALL INFORM AUTHORIZED AND POLITICAL COMMITTEES OF RELEVANT QUES-
10 TIONS IT HAS CONCERNING: (I) COMPLIANCE WITH REQUIREMENTS OF THIS TITLE
11 AND OF THE RULES ISSUED BY THE BOARD; AND (II) QUALIFICATION FOR RECEIV-
12 ING PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. IN THE COURSE OF THIS
13 REVIEW, IT SHALL GIVE AUTHORIZED AND POLITICAL COMMITTEES AN OPPORTUNITY
14 TO RESPOND TO AND CORRECT POTENTIAL VIOLATIONS AND GIVE CANDIDATES AN
15 OPPORTUNITY TO ADDRESS QUESTIONS IT HAS CONCERNING THEIR MATCHABLE
16 CONTRIBUTION CLAIMS OR OTHER ISSUES CONCERNING ELIGIBILITY FOR RECEIVING
17 PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. NOTHING IN THIS PARAGRAPH
18 SHALL PRECLUDE THE CHIEF ENFORCEMENT COUNSEL FROM SUBSEQUENTLY REVIEWING
19 SUCH DISCLOSURE REPORTS AND TAKING ANY ACTION OTHERWISE AUTHORIZED UNDER
20 THIS TITLE.
21 (C) ITEMIZATION. CONTRIBUTIONS THAT ARE NOT ITEMIZED IN REPORTS FILED
22 WITH THE BOARD SHALL NOT BE MATCHABLE.
23 (D) OPTION TO FILE MORE FREQUENTLY. PARTICIPATING CANDIDATES MAY FILE
24 REPORTS OF CONTRIBUTIONS AS FREQUENTLY AS ONCE A WEEK ON MONDAY SO THAT
25 THEIR MATCHING FUNDS MAY BE PAID AT THE EARLIEST ALLOWABLE DATE.
26 S 14-202. CONTRIBUTIONS. RECIPIENTS OF FUNDS PURSUANT TO THIS TITLE
27 SHALL BE SUBJECT TO THE APPLICABLE CONTRIBUTION LIMITS SET FORTH IN
28 SECTION 14-114 OF THIS ARTICLE.
29 S 14-203. PROOF OF COMPLIANCE. AUTHORIZED AND POLITICAL COMMITTEES
30 SHALL MAINTAIN SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR A COVERED
31 ELECTION AS REQUIRED BY THE BOARD. AUTHORIZED AND POLITICAL COMMITTEES
32 SHALL OBTAIN AND FURNISH TO THE PUBLIC FINANCING UNIT ANY INFORMATION IT
33 MAY REQUEST RELATING TO FINANCIAL TRANSACTIONS OR CONTRIBUTIONS AND
34 FURNISH SUCH DOCUMENTATION AND OTHER PROOF OF COMPLIANCE WITH THIS TITLE
35 AS MAY BE REQUESTED. IN COMPLIANCE WITH SECTION 14-108 OF THIS ARTICLE,
36 AUTHORIZED AND POLITICAL COMMITTEES SHALL MAINTAIN COPIES OF SUCH
37 RECORDS FOR A PERIOD OF FIVE YEARS.
38 S 14-204. ELIGIBILITY. 1. TERMS AND CONDITIONS. TO BE ELIGIBLE FOR
39 VOLUNTARY PUBLIC FINANCING UNDER THIS TITLE, A CANDIDATE MUST:
40 (A) BE A CANDIDATE IN A COVERED ELECTION;
41 (B) MEET ALL THE REQUIREMENTS OF LAW TO HAVE HIS OR HER NAME ON THE
42 BALLOT;
43 (C) IN THE CASE OF A COVERED GENERAL OR SPECIAL ELECTION, BE OPPOSED
44 BY ANOTHER CANDIDATE ON THE BALLOT WHO IS NOT A WRITE-IN CANDIDATE;
45 (D) SUBMIT A CERTIFICATION IN THE FORM OF AN AFFIDAVIT, IN SUCH FORM
46 AS MAY BE PRESCRIBED BY THE BOARD, THAT SETS FORTH HIS OR HER ACCEPTANCE
47 OF AND AGREEMENT TO COMPLY WITH THE TERMS AND CONDITIONS FOR THE
48 PROVISION OF SUCH FUNDS IN EACH COVERED ELECTION AND SUCH CERTIFICATION
49 SHALL BE SUBMITTED AT LEAST FOUR MONTHS BEFORE THE ELECTION PURSUANT TO
50 A SCHEDULE PROMULGATED BY THE BOARD;
51 (E) BE CERTIFIED AS A PARTICIPATING CANDIDATE BY THE BOARD;
52 (F) NOT MAKE, AND NOT HAVE MADE, EXPENDITURES FROM OR USE HIS OR HER
53 PERSONAL FUNDS OR PROPERTY OR THE PERSONAL FUNDS OR PROPERTY JOINTLY
54 HELD WITH HIS OR HER SPOUSE, OR UNEMANCIPATED CHILDREN IN CONNECTION
55 WITH HIS OR HER NOMINATION ELECTION OR ELECTION TO A COVERED OFFICE, BUT
56 MAY MAKE A CONTRIBUTION TO HIS OR HER AUTHORIZED COMMITTEE IN AN AMOUNT
S. 2005 25 A. 3005
1 THAT DOES NOT EXCEED THREE TIMES THE APPLICABLE CONTRIBUTION LIMIT FROM
2 AN INDIVIDUAL CONTRIBUTOR TO CANDIDATES FOR THE OFFICE THAT HE OR SHE IS
3 SEEKING;
4 (G) MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION TWO OF
5 THIS SECTION; AND
6 (H) CONTINUE TO ABIDE BY ALL REQUIREMENTS DURING THE POST-ELECTION
7 PERIOD.
8 2. THRESHOLD FOR ELIGIBILITY. (A) THE THRESHOLD FOR ELIGIBILITY FOR
9 PUBLIC FUNDING FOR PARTICIPATING CANDIDATES SHALL BE IN THE CASE OF:
10 (I) GOVERNOR, NOT LESS THAN SIX HUNDRED FIFTY THOUSAND DOLLARS IN
11 MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST SIX THOUSAND FIVE HUNDRED
12 MATCHABLE CONTRIBUTIONS COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED
13 SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF NEW YORK STATE;
14 (II) LIEUTENANT GOVERNOR, ATTORNEY GENERAL, AND COMPTROLLER, NOT LESS
15 THAN TWO HUNDRED THOUSAND DOLLARS IN MATCHABLE CONTRIBUTIONS INCLUDING
16 AT LEAST TWO THOUSAND MATCHABLE CONTRIBUTIONS COMPRISED OF SUMS BETWEEN
17 TEN AND ONE HUNDRED SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS
18 OF NEW YORK STATE;
19 (III) STATE SENATOR, NOT LESS THAN TWENTY THOUSAND DOLLARS IN MATCHA-
20 BLE CONTRIBUTIONS INCLUDING AT LEAST TWO HUNDRED MATCHABLE CONTRIBUTIONS
21 COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED SEVENTY-FIVE DOLLARS PER
22 CONTRIBUTOR, FROM RESIDENTS OF THE DISTRICT IN WHICH THE SEAT IS TO BE
23 FILLED; AND
24 (IV) MEMBER OF THE ASSEMBLY, NOT LESS THAN TEN THOUSAND DOLLARS IN
25 MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST ONE HUNDRED MATCHABLE
26 CONTRIBUTIONS COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED SEVENTY-FIVE
27 DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF THE DISTRICT IN WHICH THE
28 SEAT IS TO BE FILLED.
29 (B) ANY PARTICIPATING CANDIDATE MEETING THE THRESHOLD FOR ELIGIBILITY
30 IN A PRIMARY ELECTION FOR ONE OF THE FOREGOING OFFICES SHALL BE DEEMED
31 TO HAVE MET THE THRESHOLD FOR ELIGIBILITY FOR SUCH OFFICE IN ANY OTHER
32 SUBSEQUENT ELECTION HELD IN THE SAME CALENDAR YEAR.
33 S 14-205. LIMITS ON PUBLIC FINANCING. THE FOLLOWING LIMITATIONS APPLY
34 TO THE TOTAL AMOUNTS OF PUBLIC FUNDS THAT MAY BE PROVIDED TO A PARTIC-
35 IPATING CANDIDATE'S AUTHORIZED COMMITTEE FOR AN ELECTION CYCLE:
36 1. IN ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS BY PARTICIPATING
37 CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
38 (I) FOR GOVERNOR, THE SUM OF EIGHT MILLION DOLLARS;
39 (II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
40 OF FOUR MILLION DOLLARS;
41 (III) FOR SENATOR, THE SUM OF THREE HUNDRED SEVENTY-FIVE THOUSAND
42 DOLLARS;
43 (IV) FOR MEMBER OF THE ASSEMBLY, THE SUM OF ONE HUNDRED SEVENTY-FIVE
44 THOUSAND DOLLARS.
45 2. IN ANY GENERAL OR SPECIAL ELECTION, RECEIPT OF PUBLIC FUNDS BY A
46 PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEES SHALL NOT EXCEED THE
47 FOLLOWING AMOUNTS:
48 CANDIDATES FOR ELECTION TO THE OFFICE OF:
49 GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED) $10,000,000
50 ATTORNEY GENERAL $4,000,000
51 COMPTROLLER $4,000,000
52 MEMBER OF SENATE $375,000
53 MEMBER OF ASSEMBLY $175,000
54 3. NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS NOT
55 OPPOSED BY A CANDIDATE ON THE BALLOT IN A PRIMARY ELECTION SHALL BE
56 ENTITLED TO PAYMENT OF PUBLIC MATCHING FUNDS, EXCEPT THAT, WHERE THERE
S. 2005 26 A. 3005
1 IS A CONTEST IN SUCH PRIMARY ELECTION FOR THE NOMINATION OF AT LEAST ONE
2 OF THE TWO POLITICAL PARTIES WITH THE HIGHEST AND SECOND HIGHEST NUMBER
3 OF ENROLLED MEMBERS FOR SUCH OFFICE, A PARTICIPATING CANDIDATE WHO IS
4 UNOPPOSED IN THE PRIMARY ELECTION MAY RECEIVE PUBLIC FUNDS BEFORE THE
5 PRIMARY ELECTION, FOR EXPENSES INCURRED ON OR BEFORE THE DATE OF SUCH
6 PRIMARY ELECTION, IN AN AMOUNT EQUAL TO UP TO HALF THE SUM SET FORTH IN
7 PARAGRAPH ONE OF THIS SECTION.
8 S 14-206. PAYMENT OF PUBLIC MATCHING FUNDS. 1. DETERMINATION OF ELIGI-
9 BILITY. NO PUBLIC MATCHING FUNDS SHALL BE PAID TO AN AUTHORIZED COMMIT-
10 TEE UNLESS THE BOARD DETERMINES THAT THE PARTICIPATING CANDIDATE HAS MET
11 THE ELIGIBILITY REQUIREMENTS OF THIS TITLE. PAYMENT SHALL NOT EXCEED THE
12 AMOUNTS SPECIFIED IN SUBDIVISION TWO OF THIS SECTION, AND SHALL BE MADE
13 ONLY IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE. SUCH PAYMENT MAY
14 BE MADE ONLY TO THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE. NO
15 PUBLIC MATCHING FUNDS SHALL BE USED EXCEPT AS REIMBURSEMENT OR PAYMENT
16 FOR QUALIFIED CAMPAIGN EXPENDITURES ACTUALLY AND LAWFULLY INCURRED OR TO
17 REPAY LOANS USED TO PAY QUALIFIED CAMPAIGN EXPENDITURES.
18 2. CALCULATION OF PAYMENT. IF THE THRESHOLD FOR ELIGIBILITY IS MET,
19 THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE SHALL RECEIVE PAYMENT
20 FOR QUALIFIED CAMPAIGN EXPENDITURES OF SIX DOLLARS OF PUBLIC MATCHING
21 FUNDS FOR EACH ONE DOLLAR OF MATCHABLE CONTRIBUTIONS, FOR THE FIRST ONE
22 HUNDRED SEVENTY-FIVE DOLLARS OF ELIGIBLE PRIVATE FUNDS PER CONTRIBUTOR,
23 OBTAINED AND REPORTED TO THE BOARD IN ACCORDANCE WITH THE PROVISIONS OF
24 THIS TITLE. THE MAXIMUM PAYMENT OF PUBLIC MATCHING FUNDS SHALL BE LIMIT-
25 ED TO THE AMOUNTS SET FORTH IN SECTION 14-205 OF THIS TITLE FOR THE
26 COVERED ELECTION.
27 3. TIMING OF PAYMENT. THE BOARD SHALL MAKE ANY PAYMENT OF PUBLIC
28 MATCHING FUNDS TO PARTICIPATING CANDIDATES AS SOON AS IS PRACTICABLE.
29 BUT IN ALL CASES, IT SHALL VERIFY ELIGIBILITY FOR PUBLIC MATCHING FUNDS
30 WITHIN FOUR DAYS, EXCLUDING WEEKENDS AND HOLIDAYS, OF RECEIVING A
31 CAMPAIGN CONTRIBUTION REPORT FILED IN COMPLIANCE WITH SECTION 14-104 OF
32 THIS ARTICLE. WITHIN TWO DAYS OF DETERMINING THAT A CANDIDATE FOR A
33 COVERED OFFICE IS ELIGIBLE FOR PUBLIC MATCHING FUNDS, IT SHALL AUTHORIZE
34 PAYMENT OF THE APPLICABLE MATCHING FUNDS OWED TO THE CANDIDATE. HOWEVER,
35 IT SHALL NOT MAKE ANY PAYMENTS OF PUBLIC MONEY EARLIER THAN THE EARLIEST
36 DATES FOR MAKING SUCH PAYMENTS AS PROVIDED BY THIS TITLE. IF ANY OF
37 SUCH PAYMENTS WOULD REQUIRE PAYMENT ON A WEEKEND OR FEDERAL HOLIDAY,
38 PAYMENT SHALL BE MADE ON THE NEXT BUSINESS DAY.
39 4. ELECTRONIC FUNDS TRANSFER. THE BOARD SHALL, IN CONSULTATION WITH
40 THE OFFICE OF THE COMPTROLLER, PROMULGATE RULES TO FACILITATE ELECTRONIC
41 FUNDS TRANSFERS DIRECTLY FROM THE CAMPAIGN FINANCE FUND INTO AN AUTHOR-
42 IZED COMMITTEE'S BANK ACCOUNT.
43 5. IRREGULARLY SCHEDULED ELECTIONS. NOTWITHSTANDING ANY OTHER
44 PROVISION OF THIS TITLE, THE BOARD SHALL PROMULGATE RULES TO PROVIDE FOR
45 THE PROMPT ISSUANCE OF PUBLIC MATCHING FUNDS TO ELIGIBLE PARTICIPATING
46 CANDIDATES FOR QUALIFIED CAMPAIGN EXPENDITURES IN THE CASE OF ANY OTHER
47 COVERED ELECTION HELD ON A DAY DIFFERENT FROM THAT THAN ORIGINALLY SCHE-
48 DULED INCLUDING SPECIAL ELECTIONS. BUT IN ALL CASES, THE BOARD SHALL (A)
49 WITHIN FOUR DAYS, EXCLUDING WEEKENDS AND HOLIDAYS, OF RECEIVING A REPORT
50 OF CONTRIBUTIONS FROM A CANDIDATE FOR A COVERED OFFICE CLAIMING ELIGI-
51 BILITY FOR PUBLIC MATCHING FUNDS VERIFY THAT CANDIDATE'S ELIGIBILITY FOR
52 PUBLIC MATCHING FUNDS; AND (B) WITHIN TWO DAYS OF DETERMINING THAT THE
53 CANDIDATE FOR A COVERED OFFICE IS ELIGIBLE FOR PUBLIC MATCHING FUNDS, IT
54 SHALL AUTHORIZE PAYMENT OF THE APPLICABLE MATCHING FUNDS OWED TO THE
55 CANDIDATE.
S. 2005 27 A. 3005
1 S 14-207. USE OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN EXPENDI-
2 TURES. 1. PUBLIC MATCHING FUNDS PROVIDED UNDER THE PROVISIONS OF THIS
3 TITLE MAY BE USED ONLY BY AN AUTHORIZED COMMITTEE FOR EXPENDITURES TO
4 FURTHER THE PARTICIPATING CANDIDATE'S NOMINATION FOR ELECTION OR
5 ELECTION, INCLUDING PAYING FOR DEBTS INCURRED WITHIN ONE YEAR PRIOR TO
6 AN ELECTION TO FURTHER THE PARTICIPATING CANDIDATE'S NOMINATION FOR
7 ELECTION OR ELECTION.
8 2. SUCH PUBLIC MATCHING FUNDS MAY NOT BE USED FOR:
9 (A) AN EXPENDITURE IN VIOLATION OF ANY LAW;
10 (B) AN EXPENDITURE IN EXCESS OF THE FAIR MARKET VALUE OF SERVICES,
11 MATERIALS, FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
12 (C) AN EXPENDITURE MADE AFTER THE CANDIDATE HAS BEEN FINALLY DISQUALI-
13 FIED FROM THE BALLOT;
14 (D) AN EXPENDITURE MADE AFTER THE ONLY REMAINING OPPONENT OF THE
15 CANDIDATE HAS BEEN FINALLY DISQUALIFIED FROM THE GENERAL OR SPECIAL
16 ELECTION BALLOT;
17 (E) AN EXPENDITURE MADE BY CASH PAYMENT;
18 (F) A CONTRIBUTION OR LOAN OR TRANSFER MADE TO OR EXPENDITURE TO
19 SUPPORT ANOTHER CANDIDATE OR POLITICAL COMMITTEE OR PARTY, COMMITTEE OR
20 CONSTITUTED COMMITTEE;
21 (G) AN EXPENDITURE TO SUPPORT OR OPPOSE A CANDIDATE FOR AN OFFICE
22 OTHER THAN THAT WHICH THE PARTICIPATING CANDIDATE SEEKS;
23 (H) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER PRINTED CAMPAIGN
24 MATERIAL;
25 (I) LEGAL FEES TO DEFEND AGAINST A CRIMINAL CHARGE;
26 (J) PAYMENTS TO IMMEDIATE FAMILY MEMBERS OF THE PARTICIPATING CANDI-
27 DATE; OR
28 (K) ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
29 DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION, ACCEPTANCE,
30 AUTHORIZATION, DECLINATION OR SUBSTITUTION.
31 S 14-208. POWERS AND DUTIES OF BOARD. 1. ADVISORY OPINIONS. THE BOARD
32 SHALL RENDER ADVISORY OPINIONS WITH RESPECT TO QUESTIONS ARISING UNDER
33 THIS TITLE UPON THE WRITTEN REQUEST OF A CANDIDATE, AN OFFICER OF A
34 POLITICAL COMMITTEE OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITIATIVE.
35 THE BOARD SHALL PROMULGATE RULES REGARDING REASONABLE TIMES TO RESPOND
36 TO SUCH REQUESTS. THE BOARD SHALL MAKE PUBLIC THE QUESTIONS OF INTERPRE-
37 TATION FOR WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE BOARD AND
38 ITS ADVISORY OPINIONS, INCLUDING BY PUBLICATION ON ITS WEBPAGE WITH
39 IDENTIFYING INFORMATION REDACTED AS THE BOARD DETERMINES TO BE APPROPRI-
40 ATE.
41 2. PUBLIC INFORMATION AND CANDIDATE EDUCATION. THE BOARD SHALL DEVELOP
42 A PROGRAM FOR INFORMING CANDIDATES AND THE PUBLIC AS TO THE PURPOSE AND
43 EFFECT OF THE PROVISIONS OF THIS TITLE, INCLUDING BY MEANS OF A WEBPAGE.
44 THE BOARD SHALL PREPARE IN PLAIN LANGUAGE AND MAKE AVAILABLE EDUCATIONAL
45 MATERIALS, INCLUDING COMPLIANCE MANUALS AND SUMMARIES AND EXPLANATIONS
46 OF THE PURPOSES AND PROVISIONS OF THIS TITLE. THE BOARD SHALL PREPARE OR
47 HAVE PREPARED AND MAKE AVAILABLE MATERIALS, INCLUDING, TO THE EXTENT
48 FEASIBLE, COMPUTER SOFTWARE, TO FACILITATE THE TASK OF COMPLIANCE WITH
49 THE DISCLOSURE AND RECORD-KEEPING REQUIREMENTS OF THIS TITLE.
50 3. RULES AND REGULATIONS. THE BOARD SHALL HAVE THE AUTHORITY TO
51 PROMULGATE SUCH RULES AND REGULATIONS AND PROVIDE SUCH FORMS AS IT DEEMS
52 NECESSARY FOR THE ADMINISTRATION OF THIS TITLE.
53 4. DATABASE. THE BOARD SHALL DEVELOP AN INTERACTIVE, SEARCHABLE
54 COMPUTER DATABASE THAT SHALL CONTAIN ALL INFORMATION NECESSARY FOR THE
55 PROPER ADMINISTRATION OF THIS TITLE INCLUDING INFORMATION ON CONTRIB-
56 UTIONS TO AND EXPENDITURES BY CANDIDATES AND THEIR AUTHORIZED COMMITTEE,
S. 2005 28 A. 3005
1 INDEPENDENT EXPENDITURES IN SUPPORT OR OPPOSITION OF CANDIDATES FOR
2 COVERED OFFICES, AND DISTRIBUTIONS OF MONEYS FROM THE FUND. SUCH DATA-
3 BASE SHALL BE ACCESSIBLE TO THE PUBLIC ON THE BOARD'S WEBPAGE.
4 5. THE BOARD SHALL WORK WITH THE CHIEF ENFORCEMENT COUNSEL TO ENFORCE
5 THIS SECTION.
6 S 14-209. AUDITS AND REPAYMENTS. 1. AUDITS. THE BOARD SHALL AUDIT AND
7 EXAMINE ALL MATTERS RELATING TO THE PROPER ADMINISTRATION OF THIS TITLE
8 AND SHALL COMPLETE SUCH AUDIT NO LATER THAN TWO YEARS AFTER THE ELECTION
9 IN QUESTION. EVERY CANDIDATE WHO RECEIVES PUBLIC FUNDS UNDER THIS TITLE
10 SHALL BE AUDITED BY THE BOARD. THE COST OF COMPLYING WITH A POST-ELEC-
11 TION AUDIT SHALL BE BORNE BY THE CANDIDATE'S AUTHORIZED COMMITTEE USING
12 PUBLIC FUNDS, PRIVATE FUNDS OR ANY COMBINATION OF SUCH FUNDS. CANDI-
13 DATES WHO RUN IN ANY PRIMARY OR GENERAL ELECTION MUST MAINTAIN A RESERVE
14 OF THREE PERCENT OF THE PUBLIC FUNDS RECEIVED TO COMPLY WITH THE POST-E-
15 LECTION AUDIT. THE BOARD SHALL ISSUE TO EACH CAMPAIGN AUDITED A FINAL
16 AUDIT REPORT THAT DETAILS ITS FINDINGS.
17 2. REPAYMENTS. (A) IF THE BOARD DETERMINES THAT ANY PORTION OF THE
18 PAYMENT MADE TO A CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS IN
19 EXCESS OF THE AGGREGATE AMOUNT OF PAYMENTS THAT SUCH CANDIDATE WAS
20 ELIGIBLE TO RECEIVE PURSUANT TO THIS TITLE, IT SHALL NOTIFY SUCH COMMIT-
21 TEE AND SUCH COMMITTEE SHALL PAY TO THE BOARD AN AMOUNT EQUAL TO THE
22 AMOUNT OF EXCESS PAYMENTS. PROVIDED, HOWEVER, THAT IF THE ERRONEOUS
23 PAYMENT WAS THE RESULT OF AN ERROR BY THE BOARD, THEN THE ERRONEOUS
24 PAYMENT WILL BE DEDUCTED FROM ANY FUTURE PAYMENT, IF ANY, AND IF NO
25 PAYMENT IS TO BE MADE THEN NEITHER THE CANDIDATE NOR THE COMMITTEE SHALL
26 BE LIABLE TO REPAY THE EXCESS AMOUNT TO THE BOARD. THE CANDIDATE, THE
27 TREASURER AND THE CANDIDATE'S AUTHORIZED COMMITTEE ARE JOINTLY AND
28 SEVERABLY LIABLE FOR ANY REPAYMENTS TO THE BOARD.
29 (B) IF THE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO A
30 CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS USED FOR PURPOSES
31 OTHER THAN QUALIFIED CAMPAIGN EXPENDITURES AND SUCH EXPENDITURES WERE
32 NOT APPROVED BY THE BOARD, IT SHALL NOTIFY SUCH COMMITTEE OF THE AMOUNT
33 SO DISQUALIFIED AND SUCH COMMITTEE SHALL PAY TO THE BOARD AN AMOUNT
34 EQUAL TO SUCH DISQUALIFIED AMOUNT. THE CANDIDATE, THE TREASURER AND THE
35 CANDIDATE'S AUTHORIZED COMMITTEE ARE JOINTLY AND SEVERABLY LIABLE FOR
36 ANY REPAYMENTS TO THE BOARD.
37 (C) IF THE TOTAL OF PAYMENTS FROM THE FUND RECEIVED BY A PARTICIPATING
38 CANDIDATE AND HIS OR HER AUTHORIZED COMMITTEE EXCEED THE TOTAL CAMPAIGN
39 EXPENDITURES OF SUCH CANDIDATE AND AUTHORIZED COMMITTEE FOR ALL COVERED
40 ELECTIONS HELD IN THE SAME CALENDAR YEAR OR FOR A SPECIAL ELECTION TO
41 FILL A VACANCY, SUCH CANDIDATE AND COMMITTEE SHALL USE SUCH EXCESS FUNDS
42 TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH AUTHORIZED COMMITTEE
43 FROM THE FUND DURING SUCH CALENDAR YEAR OR FOR SUCH SPECIAL ELECTION.
44 PARTICIPATING CANDIDATES SHALL PAY TO THE BOARD UNSPENT PUBLIC CAMPAIGN
45 FUNDS FROM AN ELECTION NOT LATER THAN TWENTY-SEVEN DAYS AFTER ALL
46 LIABILITIES FOR THE ELECTION HAVE BEEN PAID AND IN ANY EVENT, NOT LATER
47 THAN THE DAY ON WHICH THE BOARD ISSUES ITS FINAL AUDIT REPORT FOR THE
48 PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE; PROVIDED, HOWEVER, THAT
49 ALL UNSPENT PUBLIC CAMPAIGN FUNDS FOR A PARTICIPATING CANDIDATE SHALL BE
50 IMMEDIATELY DUE AND PAYABLE TO THE BOARD UPON A DETERMINATION BY THE
51 BOARD THAT THE PARTICIPANT HAS DELAYED THE POST-ELECTION AUDIT. A
52 PARTICIPATING CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES WITH PUBLIC
53 FUNDS ONLY FOR ROUTINE ACTIVITIES INVOLVING NOMINAL COST ASSOCIATED WITH
54 WINDING UP A CAMPAIGN AND RESPONDING TO THE POST-ELECTION AUDIT. NOTH-
55 ING IN THIS TITLE SHALL BE CONSTRUED TO PREVENT A CANDIDATE OR HIS OR
S. 2005 29 A. 3005
1 HER AUTHORIZED COMMITTEE FROM USING CAMPAIGN CONTRIBUTIONS RECEIVED FROM
2 PRIVATE CONTRIBUTORS FOR OTHERWISE LAWFUL EXPENDITURES.
3 3. THE BOARD SHALL PROMULGATE REGULATIONS FOR THE CERTIFICATION OF THE
4 AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER, FROM THE FUND ESTABLISHED
5 PURSUANT TO SECTION NINETY-TWO-T OF THE STATE FINANCE LAW, TO A PARTIC-
6 IPATING CANDIDATE THAT HAS QUALIFIED TO RECEIVE SUCH PAYMENT. THESE
7 REGULATIONS SHALL INCLUDE THE PROMULGATION AND DISTRIBUTION OF FORMS ON
8 WHICH CONTRIBUTIONS AND EXPENDITURES ARE TO BE REPORTED, THE PERIODS
9 DURING WHICH SUCH REPORTS MUST BE FILED AND THE VERIFICATION REQUIRED.
10 THE BOARD SHALL INSTITUTE PROCEDURES WHICH WILL MAKE POSSIBLE PAYMENT BY
11 THE FUND WITHIN FOUR BUSINESS DAYS AFTER RECEIPT OF THE REQUIRED FORMS
12 AND VERIFICATIONS.
13 S 14-210. ENFORCEMENT AND PENALTIES FOR VIOLATIONS AND OTHER
14 PROCEEDINGS. 1. CIVIL PENALTIES. VIOLATIONS OF ANY PROVISION OF THIS
15 TITLE OR RULE PROMULGATED PURSUANT TO THIS TITLE SHALL BE SUBJECT TO A
16 CIVIL PENALTY IN AN AMOUNT NOT IN EXCESS OF FIFTEEN THOUSAND DOLLARS.
17 2. NOTICE OF VIOLATION AND OPPORTUNITY TO CONTEST. THE BOARD SHALL:
18 (A) DETERMINE WHETHER A VIOLATION OF ANY PROVISION OF THIS TITLE OR
19 RULE PROMULGATED HEREUNDER HAS BEEN COMMITTED;
20 (B) GIVE WRITTEN NOTICE AND THE OPPORTUNITY TO CONTEST BEFORE AN INDE-
21 PENDENT HEARING OFFICER TO EACH PERSON OR ENTITY IT HAS REASON TO
22 BELIEVE HAS COMMITTED A VIOLATION; AND
23 (C) IF APPROPRIATE, ASSESS PENALTIES FOR VIOLATIONS, FOLLOWING SUCH
24 NOTICE AND OPPORTUNITY TO CONTEST.
25 3. CRIMINAL CONDUCT. ANY PERSON WHO KNOWINGLY AND WILLFULLY FURNISHES
26 OR SUBMITS FALSE STATEMENTS OR INFORMATION TO THE BOARD IN CONNECTION
27 WITH ITS ADMINISTRATION OF THIS TITLE, SHALL BE GUILTY OF A MISDEMEANOR
28 IN ADDITION TO ANY OTHER PENALTY AS MAY BE IMPOSED UNDER THIS CHAPTER OR
29 PURSUANT TO ANY OTHER LAW. THE CHIEF ENFORCEMENT COUNSEL SHALL SEEK TO
30 RECOVER ANY PUBLIC MATCHING FUNDS OBTAINED AS A RESULT OF SUCH CRIMINAL
31 CONDUCT.
32 4. PROCEEDINGS AS TO PUBLIC FINANCING. (A) THE DETERMINATION OF ELIGI-
33 BILITY PURSUANT TO THIS TITLE AND ANY QUESTION OR ISSUE RELATING TO
34 PAYMENTS FOR CAMPAIGN EXPENDITURES PURSUANT TO THIS TITLE MAY BE
35 CONTESTED IN A PROCEEDING INSTITUTED IN THE SUPREME COURT, ALBANY COUN-
36 TY, BY ANY AGGRIEVED CANDIDATE.
37 (B) A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION OF ELIGIBILITY
38 OR PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO THIS CHAPTER
39 SHALL BE INSTITUTED WITHIN FOURTEEN DAYS AFTER SUCH DETERMINATION WAS
40 MADE. THE BOARD SHALL BE MADE A PARTY TO ANY SUCH PROCEEDING.
41 (C) UPON THE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE FROM A PARTIC-
42 IPATING CANDIDATE OR SUCH CANDIDATE'S AUTHORIZED COMMITTEE AFTER THE
43 ISSUANCE OF WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED BY THIS
44 TITLE, THE CHIEF ENFORCEMENT COUNSEL IS AUTHORIZED TO INSTITUTE A
45 SPECIAL PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO
46 OBTAIN A JUDGMENT FOR ANY AMOUNTS DETERMINED TO BE PAYABLE TO THE BOARD
47 AS A RESULT OF AN EXAMINATION AND AUDIT MADE PURSUANT TO THIS TITLE OR
48 TO OBTAIN SUCH AMOUNTS DIRECTLY FROM THE CANDIDATE OR AUTHORIZED COMMIT-
49 TEE AFTER A HEARING AT THE STATE BOARD OF ELECTIONS.
50 (D) THE CHIEF ENFORCEMENT COUNSEL IS AUTHORIZED TO INSTITUTE A SPECIAL
51 PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A
52 JUDGMENT FOR CIVIL PENALTIES DETERMINED TO BE PAYABLE TO THE BOARD
53 PURSUANT TO THIS TITLE OR TO IMPOSE SUCH PENALTY DIRECTLY AFTER A HEAR-
54 ING AT THE STATE BOARD OF ELECTIONS.
55 S 14-211. REPORTS. THE BOARD SHALL REVIEW AND EVALUATE THE EFFECT OF
56 THIS TITLE UPON THE CONDUCT OF ELECTION CAMPAIGNS AND SHALL SUBMIT A
S. 2005 30 A. 3005
1 REPORT TO THE LEGISLATURE ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWEN-
2 TY, AND EVERY THIRD YEAR THEREAFTER, AND AT ANY OTHER TIME UPON THE
3 REQUEST OF THE GOVERNOR AND AT SUCH OTHER TIMES AS THE BOARD DEEMS
4 APPROPRIATE. THESE REPORTS SHALL INCLUDE:
5 1. A LIST OF THE PARTICIPATING AND NONPARTICIPATING CANDIDATES IN
6 COVERED ELECTIONS AND THE VOTES RECEIVED BY EACH CANDIDATE IN THOSE
7 ELECTIONS;
8 2. THE AMOUNT OF CONTRIBUTIONS AND LOANS RECEIVED, AND EXPENDITURES
9 MADE, ON BEHALF OF THESE CANDIDATES;
10 3. THE AMOUNT OF PUBLIC MATCHING FUNDS EACH PARTICIPATING CANDIDATE
11 RECEIVED, SPENT, AND REPAID PURSUANT TO THIS TITLE;
12 4. ANALYSIS OF THE EFFECT OF THIS TITLE ON POLITICAL CAMPAIGNS,
13 INCLUDING ITS EFFECT ON THE SOURCES AND AMOUNTS OF PRIVATE FINANCING,
14 THE LEVEL OF CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE NUMBER OF
15 CANDIDATES, THE CANDIDATES' ABILITY TO CAMPAIGN EFFECTIVELY FOR PUBLIC
16 OFFICE, AND THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE;
17 AND
18 5. RECOMMENDATIONS FOR AMENDMENTS TO THIS TITLE, INCLUDING CHANGES IN
19 CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY, AND ANY OTHER FEATURES
20 OF THE SYSTEM.
21 S 14-212. DEBATES FOR CANDIDATES FOR STATEWIDE OFFICE. THE BOARD
22 SHALL PROMULGATE REGULATIONS TO FACILITATE DEBATES AMONG PARTICIPATING
23 CANDIDATES WHO SEEK ELECTION TO STATEWIDE OFFICE. PARTICIPATING CANDI-
24 DATES ARE REQUIRED TO PARTICIPATE IN ONE DEBATE BEFORE EACH ELECTION FOR
25 WHICH THE CANDIDATE RECEIVES PUBLIC FUNDS, UNLESS THE PARTICIPATING
26 CANDIDATE IS RUNNING UNOPPOSED. NONPARTICIPATING CANDIDATES MAY PARTIC-
27 IPATE IN SUCH DEBATES.
28 S 14-213. SEVERABILITY. IF ANY CLAUSE, SENTENCE, SUBDIVISION, PARA-
29 GRAPH, SECTION OR PART OF THIS TITLE BE ADJUDGED BY ANY COURT OF COMPE-
30 TENT JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR
31 OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
32 TION TO THE CLAUSE, SENTENCE, SUBDIVISION, PARAGRAPH, SECTION OR PART
33 THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT
34 SHALL HAVE BEEN RENDERED.
35 S 10. The state finance law is amended by adding a new section 92-t to
36 read as follows:
37 S 92-T. NEW YORK STATE CAMPAIGN FINANCE FUND. 1. THERE IS HEREBY
38 ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
39 COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW YORK
40 STATE CAMPAIGN FINANCE FUND.
41 2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE NEW YORK
42 STATE CAMPAIGN FINANCE FUND CHECK-OFF PURSUANT TO SUBSECTION (H) OF
43 SECTION SIX HUNDRED FIFTY-EIGHT OF THE TAX LAW, FROM THE ABANDONED PROP-
44 ERTY FUND PURSUANT TO SECTION NINETY-FIVE OF THIS ARTICLE, FROM THE
45 GENERAL FUND, AND FROM ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO
46 FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. SUCH FUND SHALL ALSO
47 RECEIVE CONTRIBUTIONS FROM PRIVATE INDIVIDUALS, ORGANIZATIONS, OR OTHER
48 PERSONS TO FULFILL THE PURPOSES OF THE PUBLIC FINANCING SYSTEM.
49 3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
50 BE EXPENDED FOR THE PURPOSES OF MAKING PAYMENTS TO CANDIDATES PURSUANT
51 TO TITLE II OF ARTICLE FOURTEEN OF THE ELECTION LAW AND FOR ADMINISTRA-
52 TIVE EXPENSES RELATED TO THE IMPLEMENTATION OF ARTICLE FOURTEEN OF THE
53 ELECTION LAW. MONEYS SHALL BE PAID OUT OF THE FUND BY THE STATE COMP-
54 TROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE STATE BOARD OF
55 ELECTIONS, OR ITS DULY DESIGNATED REPRESENTATIVE, IN THE MANNER
S. 2005 31 A. 3005
1 PRESCRIBED BY LAW, NOT MORE THAN FIVE WORKING DAYS AFTER SUCH VOUCHER IS
2 RECEIVED BY THE STATE COMPTROLLER.
3 4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IF, IN ANY
4 STATE FISCAL YEAR, THE STATE CAMPAIGN FINANCE FUND LACKS THE AMOUNT OF
5 MONEY TO PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES AND CERTIFIED
6 OR APPROVED BY THE STATE BOARD OF ELECTIONS, ANY SUCH DEFICIENCY SHALL
7 BE PAID BY THE STATE COMPTROLLER, FROM FUNDS DEPOSITED IN THE GENERAL
8 FUND OF THE STATE NOT MORE THAN FOUR WORKING DAYS AFTER SUCH VOUCHER IS
9 RECEIVED BY THE STATE COMPTROLLER.
10 5. COMMENCING IN TWO THOUSAND NINETEEN, IF THE SURPLUS IN THE FUND ON
11 APRIL FIRST OF THE YEAR AFTER A YEAR IN WHICH A GOVERNOR IS ELECTED
12 EXCEEDS TWENTY-FIVE PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER THE
13 PREVIOUS FOUR YEARS, THE EXCESS SHALL REVERT TO THE GENERAL FUND OF THE
14 STATE.
15 6. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
16 PRIMARY ELECTION ANY EARLIER THAN THIRTY DAYS AFTER DESIGNATING
17 PETITIONS OR CERTIFICATES OF NOMINATION HAVE BEEN FILED AND NOT LATER
18 THAN THIRTY DAYS AFTER SUCH PRIMARY ELECTION.
19 7. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
20 GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF THE PRIMARY
21 ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
22 8. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
23 SPECIAL ELECTION ANY EARLIER THAN THE DAY AFTER THE LAST DAY TO FILE
24 CERTIFICATES OF PARTY NOMINATION FOR SUCH SPECIAL ELECTION.
25 9. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO
26 HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN DECLARED
27 INVALID BY THE APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT
28 JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED BY A HIGHER COURT
29 IN A FINAL JUDGMENT. NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH
30 A CANDIDATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON THE DATE OF
31 SUCH DISQUALIFICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY
32 PURPOSE EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE SUCH DATE.
33 ALL SUCH MONEYS SHALL BE REPAID TO THE FUND.
34 S 11. Section 95 of the state finance law is amended by adding a new
35 subdivision 5 to read as follows:
36 5. (A) AS OFTEN AS NECESSARY, THE CO-CHAIRS OF THE STATE BOARD OF
37 ELECTIONS SHALL CERTIFY THE AMOUNT SUCH CO-CHAIRS HAVE DETERMINED NECES-
38 SARY TO FUND ESTIMATED PAYMENTS FROM THE FUND ESTABLISHED BY SECTION
39 NINETY-TWO-T OF THIS ARTICLE FOR THE PRIMARY, GENERAL OR SPECIAL
40 ELECTION.
41 (B) NOTWITHSTANDING ANY PROVISION OF THIS SECTION AUTHORIZING THE
42 TRANSFER OF ANY MONEYS IN THE ABANDONED PROPERTY FUND TO THE GENERAL
43 FUND, THE COMPTROLLER, AFTER RECEIVING AMOUNTS SUFFICIENT TO PAY CLAIMS
44 AGAINST THE ABANDONED PROPERTY FUND, SHALL, BASED UPON A CERTIFICATION
45 OF THE BOARD OF ELECTIONS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION,
46 AND AT THE DIRECTION OF THE DIRECTOR OF THE BUDGET, TRANSFER THE
47 REQUESTED AMOUNT FROM REMAINING AVAILABLE MONIES IN THE ABANDONED PROP-
48 ERTY FUND TO THE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION
49 NINETY-TWO-T OF THIS ARTICLE.
50 S 12. Section 658 of the tax law is amended by adding a new subsection
51 (h) to read as follows:
52 (H) NEW YORK STATE CAMPAIGN FINANCE FUND CHECK-OFF. (1) FOR EACH TAXA-
53 BLE YEAR BEGINNING ON AND AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN,
54 EVERY RESIDENT TAXPAYER WHOSE NEW YORK STATE INCOME TAX LIABILITY FOR
55 THE TAXABLE YEAR FOR WHICH THE RETURN IS FILED IS FORTY DOLLARS OR MORE
56 MAY DESIGNATE ON SUCH RETURN THAT FORTY DOLLARS BE PAID INTO THE NEW
S. 2005 32 A. 3005
1 YORK STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-TWO-T OF
2 THE STATE FINANCE LAW. WHERE A HUSBAND AND WIFE FILE A JOINT RETURN AND
3 HAVE A NEW YORK STATE INCOME TAX LIABILITY FOR THE TAXABLE YEAR FOR
4 WHICH THE RETURN IS FILED IS EIGHTY DOLLARS OR MORE, OR FILE SEPARATE
5 RETURNS ON A SINGLE FORM, EACH SUCH TAXPAYER MAY MAKE SEPARATE DESIG-
6 NATIONS ON SUCH RETURN OF FORTY DOLLARS TO BE PAID INTO THE NEW YORK
7 STATE CAMPAIGN FINANCE FUND.
8 (2) THE COMMISSIONER SHALL TRANSFER TO THE NEW YORK STATE CAMPAIGN
9 FINANCE FUND, ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE STATE
10 FINANCE LAW, AN AMOUNT EQUAL TO FORTY DOLLARS MULTIPLIED BY THE NUMBER
11 OF DESIGNATIONS.
12 (3) FOR PURPOSES OF THIS SUBSECTION, THE INCOME TAX LIABILITY OF AN
13 INDIVIDUAL FOR ANY TAXABLE YEAR IS THE AMOUNT OF TAX IMPOSED UNDER THIS
14 ARTICLE REDUCED BY THE SUM OF THE CREDITS (AS SHOWN IN HIS OR HER
15 RETURN) ALLOWABLE UNDER THIS ARTICLE.
16 (4) THE DEPARTMENT SHALL INCLUDE A PLACE ON EVERY PERSONAL INCOME TAX
17 RETURN FORM TO BE FILED BY AN INDIVIDUAL FOR A TAX YEAR BEGINNING ON OR
18 AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, FOR SUCH TAXPAYER TO MAKE THE
19 DESIGNATIONS DESCRIBED IN PARAGRAPH ONE OF THIS SUBSECTION. SUCH RETURN
20 FORM SHALL CONTAIN A CONCISE EXPLANATION OF THE PURPOSE OF SUCH OPTIONAL
21 DESIGNATIONS.
22 S 13. Severability. If any clause, sentence, subdivision, paragraph,
23 section or part of title II of article 14 of the election law, as added
24 by section seven of this act be adjudged by any court of competent
25 jurisdiction to be invalid, such judgment shall not affect, impair or
26 invalidate the remainder thereof, but shall be confined in its operation
27 to the clause, sentence, subdivision, paragraph, section or part thereof
28 directly involved in the controversy in which such judgment shall have
29 been rendered.
30 S 14. This act shall take effect immediately; provided, however, all
31 affected candidates will be eligible to participate in voluntary public
32 financing beginning with the 2018 primary election.
33 PART F
34 Section 1. Subdivision 2 of section 4-126 of the election law is
35 REPEALED.
36 S 2. Subdivision 2 of section 9-212 of the election law, as amended by
37 chapter 635 of the laws of 1990, is amended to read as follows:
38 2. All such determinations shall be in writing and signed by the
39 members of the canvassing board or a majority of them and filed and
40 recorded in the office of the board of elections. [Except in the city of
41 New York and in the counties of Nassau, Orange and Westchester, the] THE
42 board of elections shall cause a copy of such determinations, and of the
43 statements filed in its office upon which such determinations were
44 based, to be [published once in each of the newspapers designated to
45 publish election notices and the official canvass] POSTED ON ITS WEBSITE
46 FOR A MINIMUM PERIOD OF THREE DAYS. The statement of canvass to be
47 [published] POSTED, however, shall not give the vote by election
48 districts but shall contain only the total vote for a person, or the
49 total vote for and the total vote against a ballot proposal, cast within
50 the county, or within the portion thereof, if any, in which an office is
51 filled or ballot proposal is decided by the voters if the canvass of the
52 vote thereon devolves upon the county board of canvassers. Such totals
53 shall be expressed in arabic numerals.
S. 2005 33 A. 3005
1 S 3. Section 4-116 of the election law, the section heading as amended
2 by chapter 234 of the laws of 1976, subdivision 1 as amended by chapter
3 341 of the laws of 1995 and subdivisions 2 and 3 as amended by chapter
4 60 of the laws of 1993, is amended to read as follows:
5 S 4-116. Constitutional amendments and questions; publication of by
6 state board of elections and secretary of state. 1. The secretary of
7 state shall cause each concurrent resolution of the two houses of the
8 legislature agreeing to a proposed amendment to the constitution that
9 has been referred to the legislature to be chosen at the next general
10 election to be [published] POSTED ON ITS WEBSITE at least once in each
11 of the three months next preceding such election FOR A MINIMUM OF THREE
12 DAYS. Such [publication] POSTING shall include the information that such
13 amendment has been so referred.
14 2. The state board of elections shall [publish once] POST ON ITS
15 WEBSITE FOR A MINIMUM OF THREE DAYS in the week preceding any election
16 at which proposed constitutional amendments or other propositions or
17 questions are to be submitted to the voters of the state an abstract of
18 such amendment or question, a brief statement of the law or proceedings
19 authorizing such submission, a statement that such submission will be
20 made and the form in which it is to be submitted.
21 [3. Publication required by subdivision two of this section shall be
22 in one newspaper of general circulation in each county.]
23 S 4. This act shall take effect April 1, 2015.
24 PART G
25 Section 1. The civil service law is amended by adding a new section
26 66 to read as follows:
27 S 66. TERM APPOINTMENTS IN INFORMATION TECHNOLOGY POSITIONS. 1.
28 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE DEPARTMENT MAY AUTHORIZE
29 TERM APPOINTMENTS WITHOUT EXAMINATION TO TEMPORARY POSITIONS REQUIRING
30 SPECIAL EXPERTISE OR QUALIFICATIONS IN INFORMATION TECHNOLOGY. SUCH
31 APPOINTMENTS MAY BE AUTHORIZED ONLY IN SUCH CASES WHERE THE OFFICE OF
32 INFORMATION TECHNOLOGY SERVICES CERTIFIES TO THE DEPARTMENT THAT BECAUSE
33 OF THE TYPE OF SERVICES TO BE RENDERED OR THE TEMPORARY OR OCCASIONAL
34 CHARACTER OF SUCH SERVICES, IT WOULD NOT BE PRACTICABLE TO HOLD AN EXAM-
35 INATION OF ANY KIND. SUCH CERTIFICATION SHALL BE A PUBLIC DOCUMENT
36 PURSUANT TO THE PUBLIC OFFICERS LAW AND SHALL IDENTIFY THE SPECIAL
37 EXPERTISE OR QUALIFICATIONS THAT ARE REQUIRED AND WHY THEY CANNOT BE
38 OBTAINED THROUGH AN APPOINTMENT FROM AN ELIGIBLE LIST. THE MAXIMUM PERI-
39 OD FOR A TERM APPOINTMENT ESTABLISHED PURSUANT TO THIS SUBDIVISION SHALL
40 NOT EXCEED SIXTY MONTHS AND SHALL NOT BE EXTENDED, AND THE MAXIMUM
41 NUMBER OF SUCH APPOINTMENTS SHALL NOT EXCEED THREE HUNDRED. AT LEAST
42 FIFTEEN DAYS PRIOR TO MAKING A TERM APPOINTMENT PURSUANT TO THIS SECTION
43 THE APPOINTING AUTHORITY SHALL PUBLICLY AND CONSPICUOUSLY POST IN ITS
44 OFFICES INFORMATION ABOUT THE TEMPORARY POSITION AND THE REQUIRED QUALI-
45 FICATIONS AND SHALL ALLOW ANY QUALIFIED EMPLOYEE TO APPLY FOR SAID POSI-
46 TION. AN EMPLOYEE APPOINTED PURSUANT TO THIS PROVISION WHO HAS COMPLETED
47 TWO YEARS OF CONTINUOUS SERVICE UNDER THIS PROVISION SHALL BE ABLE TO
48 COMPETE IN ONE PROMOTIONAL EXAMINATION THAT IS ALSO OPEN TO EMPLOYEES
49 WHO HAVE PERMANENT CIVIL SERVICE APPOINTMENTS AND APPROPRIATE QUALIFICA-
50 TIONS.
51 2. A TEMPORARY POSITION ESTABLISHED PURSUANT TO SUBDIVISION ONE OF
52 THIS SECTION MAY BE ABOLISHED FOR REASONS OF ECONOMY, CONSOLIDATION OR
53 ABOLITION OF FUNCTIONS, CURTAILMENT OF ACTIVITIES OR OTHERWISE. UPON
54 SUCH ABOLITION OR AT THE END OF THE TERM OF THE APPOINTMENT, THE
S. 2005 34 A. 3005
1 PROVISIONS OF SECTIONS SEVENTY-EIGHT, SEVENTY-NINE, EIGHTY AND
2 EIGHTY-ONE OF THIS CHAPTER SHALL NOT APPLY. IN THE EVENT OF A REDUCTION
3 OF WORKFORCE PURSUANT TO SECTION EIGHTY OF THIS CHAPTER AFFECTING INFOR-
4 MATION TECHNOLOGY POSITIONS, THE TERM APPOINTMENTS PURSUANT TO THIS
5 SECTION AT THE OFFICE OF INFORMATION TECHNOLOGY SERVICES SHALL BE ABOL-
6 ISHED PRIOR TO THE ABOLITION OF PERMANENT COMPETITIVE CLASS INFORMATION
7 TECHNOLOGY POSITIONS AT THE OFFICE OF INFORMATION TECHNOLOGY SERVICES
8 INVOLVING COMPARABLE SKILLS AND RESPONSIBILITIES.
9 3. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE
10 DEPARTMENT MAY LIMIT CERTIFICATION FROM THE FOLLOWING ELIGIBLE LISTS TO
11 THOSE ELIGIBLES IDENTIFIED AS HAVING KNOWLEDGE, SKILLS OR CERTIF-
12 ICATIONS, OR ANY COMBINATION THEREOF, IDENTIFIED BY THE APPOINTING
13 AUTHORITY AS NECESSARY TO PERFORM THE DUTIES OF ANY OF THE FOLLOWING
14 POSITIONS:
15 35-382 INFORMATION TECHNOLOGY SPECIALIST 4 G-25;
16 35-383 INFORMATION TECHNOLOGY SPECIALIST 4 (DATA COMMUNICATIONS) G-25;
17 35-384 INFORMATION TECHNOLOGY SPECIALIST 4 (DATABASE) G-25;
18 35-386 INFORMATION TECHNOLOGY SPECIALIST 4 (SYSTEMS PROGRAMMING) G-25;
19 35-387 MANAGER INFORMATION TECHNOLOGY SERVICES 1 G-27;
20 35-388 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (DATA COMMUNICATIONS)
21 G-27;
22 35-389 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (DATABASE) G-27;
23 35-391 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (SYSTEMS PROGRAMMING)
24 G-27; OR
25 35-392 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (TECHNICAL) G-27.
26 (B) NO SUCH LIMITATION ON CERTIFICATION SHALL OCCUR UNTIL A SKILL-SET
27 INVENTORY IS CONDUCTED FOR ALL PERSONS ON ANY LIST SO LIMITED.
28 S 2. Notwithstanding any provision of law to the contrary, the civil
29 service department may re-classify any person employed in a permanent,
30 classified, competitive position immediately prior to being transferred
31 to the office of information technology services pursuant to subdivision
32 2 of section 70 of the civil service law to align with the duties and
33 responsibilities of their positions upon transfer. Permanent employees
34 whose positions are subsequently reclassified to align with the duties
35 and responsibilities of their positions upon being transferred to the
36 office of information technology services pursuant to subdivision 2 of
37 section 70 of the civil service law shall hold such positions without
38 further examination or qualification. Notwithstanding any other
39 provision of this act, the names of those competitive permanent employ-
40 ees on promotion eligible lists in their former agency or department
41 shall be added and interfiled on a promotion eligible list in the new
42 department, as the state civil service department deems appropriate.
43 S 3. (a) Notwithstanding any provision of law to the contrary, the
44 civil service department may re-classify any person employed in an
45 exempt or non-competitive class position immediately prior to being
46 transferred to the office of information technology services pursuant to
47 subdivision 2 of section 70 of the civil service law to align with the
48 duties and responsibilities of their positions upon transfer. Permanent
49 employees whose positions are subsequently re-classified to align with
50 the duties and responsibilities of their positions upon being trans-
51 ferred to the office of information technology services pursuant to
52 subdivision 2 of section 70 of the civil service law shall hold such
53 positions without further examination or qualification.
54 (b) No employee whose position is re-classified pursuant to this
55 section or section two of this act shall suffer a reduction in basic
56 salary as a result of such re-classification and shall continue to
S. 2005 35 A. 3005
1 receive, at a minimum, the salary that such employee received while
2 employed at their prior agency.
3 S 4. This act shall take effect immediately.
4 PART H
5 Section 1. Paragraph d of subdivision 1 of section 130 of the civil
6 service law is amended by adding four new subparagraphs 4, 5, 6 and 7 to
7 read as follows:
8 (4) EFFECTIVE JULY FIRST, TWO THOUSAND FIFTEEN:
9 GRADE HIRING JOB
10 RATE RATE
11 M/C 3 $23,927 $30,588
12 M/C 4 $24,983 $31,977
13 M/C 5 $26,482 $33,528
14 M/C 6 $27,606 $35,248
15 M/C 7 $29,198 $37,156
16 M/C 8 $30,800 $39,071
17 M/C 9 $32,560 $41,150
18 M/C 10 $34,315 $43,433
19 M/C 11 $36,396 $45,844
20 M/C 12 $38,316 $48,249
21 M/C 13 $40,546 $50,929
22 M/C 14 $42,955 $53,731
23 M/C 15 $45,345 $56,632
24 M/C 16 $47,901 $59,653
25 M/C 17 $50,618 $62,942
26 M/C 18 $50,887 $63,146
27 M/C 19 $53,616 $66,429
28 M/C 20 $56,349 $69,761
29 M/C 21 $59,388 $73,364
30 M/C 22 $62,580 $77,218
31 M/C 23 $65,788 $82,195
32 M 1 $71,009 $89,758
33 M 2 $78,752 $99,545
34 M 3 $87,404 $110,451
35 M 4 $96,672 $121,997
36 M 5 $107,340 $135,616
37 M 6 $118,847 $149,486
38 M 7 $131,002 $162,244
39 M 8 $110,453+
40 (5) EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN:
41 GRADE HIRING JOB
42 RATE RATE
43 M/C 3 $24,406 $31,200
44 M/C 4 $25,483 $32,617
45 M/C 5 $27,012 $34,199
46 M/C 6 $28,158 $35,953
47 M/C 7 $29,782 $37,899
48 M/C 8 $31,416 $39,852
49 M/C 9 $33,211 $41,973
50 M/C 10 $35,001 $44,302
51 M/C 11 $37,124 $46,761
52 M/C 12 $39,082 $49,214
53 M/C 13 $41,357 $51,948
54 M/C 14 $43,814 $54,806
S. 2005 36 A. 3005
1 M/C 15 $46,252 $57,765
2 M/C 16 $48,859 $60,846
3 M/C 17 $51,630 $64,201
4 M/C 18 $51,905 $64,409
5 M/C 19 $54,688 $67,758
6 M/C 20 $57,476 $71,156
7 M/C 21 $60,576 $74,831
8 M/C 22 $63,832 $78,762
9 M/C 23 $67,104 $83,839
10 M 1 $72,429 $91,553
11 M 2 $80,327 $101,536
12 M 3 $89,152 $112,660
13 M 4 $98,605 $124,437
14 M 5 $109,487 $138,328
15 M 6 $121,224 $152,476
16 M 7 $133,622 $165,489
17 M 8 $112,662+
18 (6) EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN:
19 GRADE HIRING JOB
20 RATE RATE
21 M/C 3 $24,894 $31,824
22 M/C 4 $25,993 $33,269
23 M/C 5 $27,552 $34,883
24 M/C 6 $28,721 $36,672
25 M/C 7 $30,378 $38,657
26 M/C 8 $32,044 $40,649
27 M/C 9 $33,875 $42,812
28 M/C 10 $35,701 $45,188
29 M/C 11 $37,866 $47,696
30 M/C 12 $39,864 $50,198
31 M/C 13 $42,184 $52,987
32 M/C 14 $44,690 $55,902
33 M/C 15 $47,177 $58,920
34 M/C 16 $49,836 $62,063
35 M/C 17 $52,663 $65,485
36 M/C 18 $52,943 $65,697
37 M/C 19 $55,782 $69,113
38 M/C 20 $58,626 $72,579
39 M/C 21 $61,788 $76,328
40 M/C 22 $65,109 $80,337
41 M/C 23 $68,446 $85,516
42 M 1 $73,878 $93,384
43 M 2 $81,934 $103,567
44 M 3 $90,935 $114,913
45 M 4 $100,577 $126,926
46 M 5 $111,677 $141,095
47 M 6 $123,648 $155,526
48 M 7 $136,294 $168,799
49 M 8 $114,915+
50 (7) EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN:
51 GRADE HIRING JOB
52 RATE RATE
53 M/C 3 $25,143 $32,142
54 M/C 4 $26,253 $33,602
55 M/C 5 $27,828 $35,232
56 M/C 6 $29,008 $37,039
S. 2005 37 A. 3005
1 M/C 7 $30,682 $39,044
2 M/C 8 $32,364 $41,055
3 M/C 9 $34,214 $43,240
4 M/C 10 $36,058 $45,640
5 M/C 11 $38,245 $48,173
6 M/C 12 $40,263 $50,700
7 M/C 13 $42,606 $53,517
8 M/C 14 $45,137 $56,461
9 M/C 15 $47,649 $59,509
10 M/C 16 $50,334 $62,684
11 M/C 17 $53,190 $66,140
12 M/C 18 $53,472 $66,354
13 M/C 19 $56,340 $69,804
14 M/C 20 $59,212 $73,305
15 M/C 21 $62,406 $77,091
16 M/C 22 $65,760 $81,140
17 M/C 23 $69,130 $86,371
18 M 1 $74,617 $94,318
19 M 2 $82,753 $104,603
20 M 3 $91,844 $116,062
21 M 4 $101,583 $128,195
22 M 5 $112,794 $142,506
23 M 6 $124,884 $157,081
24 M 7 $137,657 $170,487
25 M 8 $116,064+
26 S 2. Subdivision 1 of section 19 of the correction law, as added by
27 section 2 of part B of chapter 491 of the laws of 2011, is amended to
28 read as follows:
29 1. This section shall apply to each superintendent of a correctional
30 facility appointed on or after August ninth, nineteen hundred seventy-
31 five and any superintendent heretofore appointed who elects to be
32 covered by the provisions thereof by filing such election with the
33 commissioner.
34 a. The salary schedule for superintendents of a correctional facility
35 with an inmate population capacity of four hundred or more inmates shall
36 be as follows:
37 Effective April first, two thousand eleven:
38 Hiring Rate Job Rate
39 $105,913 $144,535
40 Effective April first, two thousand fourteen:
41 Hiring Rate Job Rate
42 $108,031 $147,426
43 Effective April first, two thousand fifteen:
44 Hiring Rate Job Rate
45 $110,192 $150,375
46 EFFECTIVE JULY FIRST, TWO THOUSAND FIFTEEN:
47 HIRING RATE JOB RATE
48 $112,396 $153,383
49 EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN:
50 HIRING RATE JOB RATE
51 $114,644 $156,451
52 EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN:
53 HIRING RATE JOB RATE
54 $116,937 $159,580
55 EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN:
56 HIRING RATE JOB RATE
S. 2005 38 A. 3005
1 $118,106 $161,176
2 b. The salary schedule for superintendents of correctional facilities
3 with an inmate population capacity of fewer than four hundred inmates
4 shall be as follows:
5 Effective April first, two thousand eleven:
6 Hiring Rate Job Rate
7 $82,363 $104,081
8 Effective April first, two thousand fourteen:
9 Hiring Rate Job Rate
10 $84,010 $106,163
11 Effective April first, two thousand fifteen:
12 Hiring Rate Job Rate
13 $85,690 $108,286
14 EFFECTIVE JULY FIRST, TWO THOUSAND FIFTEEN:
15 HIRING RATE JOB RATE
16 $87,404 $110,452
17 EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN:
18 HIRING RATE JOB RATE
19 $89,152 $112,661
20 EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN:
21 HIRING RATE JOB RATE
22 $90,935 $114,914
23 EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN:
24 HIRING RATE JOB RATE
25 $91,844 $116,063
26 S 3. Compensation for certain state officers and employees. 1. The
27 provisions of this section, except subdivision 10 of this section, shall
28 apply to the following full-time state officers and employees. The
29 provisions of subdivision 10 shall apply only to those individuals spec-
30 ified therein.
31 (a) officers and employees whose positions are designated managerial
32 or confidential pursuant to article 14 of the civil service law;
33 (b) civilian state employees of the division of military and naval
34 affairs in the executive department whose positions are not in, or are
35 excluded from representation rights in, any recognized or certified
36 negotiating unit;
37 (c) officers and employees excluded from representation rights under
38 article 14 of the civil service law pursuant to rules or regulations of
39 the public employment relations board;
40 (d) officers and employees whose salaries are prescribed by section 19
41 of the correction law;
42 (e) officers and employees whose salaries are provided for by para-
43 graph (a) of subdivision 1 of section 215 of the executive law.
44 2. For such officers and employees the following increases shall
45 apply:
46 (a) Effective July 1, 2015, the basic annual salary of officers and
47 employees to whom the provisions of this subdivision apply shall be
48 increased by two percent adjusted to the nearest whole dollar amount.
49 (b) Effective April 1, 2016, the basic annual salary of officers and
50 employees to whom the provisions of this subdivision apply shall be
51 increased by two percent adjusted to the nearest whole dollar amount.
52 (c) Effective April 1, 2017, the basic annual salary of officers and
53 employees to whom the provisions of this subdivision apply shall be
54 increased by two percent adjusted to the nearest whole dollar amount.
S. 2005 39 A. 3005
1 (d) Effective April 1, 2018, the basic annual salary of officers and
2 employees to whom the provisions of this subdivision apply shall be
3 increased by one percent adjusted to the nearest whole dollar amount.
4 3. If an unencumbered position is one that, if encumbered, would be
5 subject to the provisions of this section, the salary of such position
6 shall be increased by the salary increase amounts specified in this
7 section. If a position is created and is filled by the appointment of an
8 officer or employee who is subject to the provisions of this section,
9 the salary otherwise provided for such position shall be increased in
10 the same manner as though such position had been in existence but unen-
11 cumbered.
12 4. The increases in salary pursuant to this section shall apply on a
13 prorated basis in accordance with guidelines issued by the director of
14 the budget to officers and employees otherwise eligible to receive an
15 increase in salary pursuant to this act who are paid on an hourly or per
16 diem basis, employees serving on a part-time or seasonal basis, and
17 employees paid on any basis other than at an annual salary rate.
18 5. Notwithstanding any of the foregoing provisions of this section,
19 the provisions of this section shall not apply to the following except
20 as otherwise provided by law:
21 (a) officers or employees paid on a fee schedule basis;
22 (b) officers or employees whose salaries are prescribed by section 40,
23 60, or 169 of the executive law;
24 (c) officers or employees in collective negotiating units established
25 pursuant to article 14 of the civil service law.
26 (d) those officers or employees in subdivision 1 of this section who,
27 upon promotion or appointment to a position covered by this act that is
28 designated managerial or confidential, or one otherwise excluded from
29 representation under article 14 of the civil service law, were in a
30 position or are newly appointed to a position in a collective negotiat-
31 ing unit established pursuant to article 14 of the civil service law and
32 whose current or future salaries reflect the effect of the three percent
33 general salary increase effective April 1, 2009 and/or the four percent
34 general salary increase effective April 1, 2010 that they would have
35 received or will benefit from while a member of such bargaining unit. In
36 no event, however, should this exception result in the salary of an
37 officer or employee falling below the hiring rate for their respective
38 salary grade.
39 6. Officers and employees to whom the provisions of this section apply
40 who are incumbents of positions that are not allocated to salary grades
41 specified in paragraph d of subdivision 1 of section 130 of the civil
42 service law and whose salary is not prescribed in any other statute
43 shall receive the salary increases specified in subdivision two of this
44 section.
45 7. In order to provide performance advancements, merit awards, longev-
46 ity payments, in lieu payments and special achievement awards for the
47 officers and employees to whom this section applies who are not allo-
48 cated to salary grades in proportion to those provided to persons to
49 whom this section applies who are allocated to salary grades, the direc-
50 tor of the budget is authorized to add appropriate adjustments to the
51 compensation that such officers and employees are otherwise entitled to
52 receive. The director of the budget shall amend each agency's personal
53 service certificate to reflect the increases made pursuant to the
54 provisions of this subdivision, and the updated certificate will contin-
55 ue to be available to the state comptroller, the department of civil
S. 2005 40 A. 3005
1 service, the chairman of the senate finance committee and the chairman
2 of the assembly ways and means committee.
3 8. Notwithstanding any of the foregoing provisions of this section,
4 any increase in compensation for any officer or employee appointed to a
5 lower graded position from a redeployment list pursuant to subdivision 1
6 of section 79 of the civil service law who continues to receive his or
7 her former salary pursuant to such subdivision shall be determined on
8 the basis of such lower graded position provided, however, that the
9 increases in salary provided in subdivision two of this section shall
10 not cause such officer's or employee's salary to exceed the job rate of
11 any such lower graded position at salary grade.
12 9. Notwithstanding any of the foregoing provisions of this section or
13 of any law to the contrary, the director of the budget may reduce the
14 salary of any position which is vacant or which becomes vacant, so long
15 as the position, if encumbered, would be subject to the provisions of
16 this section. The director of the budget does not need to provide a
17 reason for such reduction.
18 10. Compensation for certain state employees in the state university
19 and certain employees of contract colleges at Cornell and Alfred univer-
20 sities.
21 (a) Effective July 1, 2015, April 1, 2016, April 1, 2017 and April 1,
22 2018, the basic annual salary of incumbents of positions in the profes-
23 sional service in the state university that are designated, stipulated,
24 or excluded from negotiating units as managerial or confidential as
25 defined pursuant to article 14 of the civil service law, may be
26 increased pursuant to plans approved by the state university trustees.
27 Such increases in basic annual salary rates shall not exceed in the
28 aggregate two percent of the total basic annual salary rates in effect
29 on June 30, 2015, two percent of the total basic annual salary rates in
30 effect on March 31, 2016, two percent of the total basic annual salary
31 rates in effect on March 31, 2017 and one percent of the total basic
32 annual salary rates in effect on March 31, 2018.
33 (b) Effective July 1, 2015, April 1, 2016, April 1, 2017 and April 1,
34 2018, the basic annual salary of incumbents of positions in the insti-
35 tutions under the management and control of Cornell and Alfred universi-
36 ties as representatives of the board of trustees of the state university
37 that, in the opinion of the director of employee relations, would be
38 designated managerial or confidential were they subject to article 14 of
39 the civil service law may be increased pursuant to plans approved by the
40 state university trustees. Such increases in basic annual salary rates
41 shall not exceed in the aggregate two percent of the total basic annual
42 salary rates in effect on June 30, 2015, two percent of the total basic
43 annual salary rates in effect on March 31, 2016, two percent of the
44 total basic annual salary rates in effect on March 31, 2017 and one
45 percent of the total basic annual salary rates in effect on March 31,
46 2018.
47 (c) During the period July 1, 2015 through March 31, 2019, the basic
48 annual salary of incumbents of positions in the non-professional service
49 that, in the opinion of the director of employee relations, would be
50 designated managerial or confidential were they subject to article 14 of
51 the civil service law, except those positions in the Cornell service and
52 maintenance unit that are subject to the terms of a collective bargain-
53 ing agreement between Cornell university and the employee organization
54 representing employees in such positions and except those positions in
55 the Alfred service and maintenance unit that are subject to the terms of
56 a collective bargaining agreement between Alfred university and the
S. 2005 41 A. 3005
1 employee organization representing employees in such positions, in
2 institutions under the management and control of Cornell and Alfred
3 universities as representatives of the board of trustees of the state
4 university may be increased pursuant to plans approved by the state
5 university trustees. Such plans may include new salary schedules which
6 shall supersede the salary schedules then in effect applicable to such
7 employees. Such plans shall provide for increases in basic annual sala-
8 ries, which, exclusive of performance advancement payments or merit
9 recognition payments, shall not exceed in the aggregate two percent of
10 the total basic annual salary rates in effect on June 30, 2015, two
11 percent of the total basic annual salary rates in effect on March 31,
12 2016, two percent of the total basic annual salary rates in effect on
13 March 31, 2017 and one percent of the total basic annual salary rates in
14 effect on March 31, 2018.
15 (d) For the purposes of this subdivision, the basic annual salary of
16 an employee is that salary that is obtained through direct appropriation
17 of state moneys for the purpose of paying wages. Nothing in this part
18 shall prevent increasing amounts paid to incumbents of such positions in
19 the professional service in addition to the basic annual salary,
20 provided, however, that the amounts required for such increase and the
21 cost of fringe benefits attributable to such increase, as determined by
22 the comptroller, are made available to the state in accordance with the
23 procedures established by the state university, with the approval of the
24 director of the budget, for such purposes.
25 (e) Notwithstanding any of the foregoing provisions of this section or
26 any law to the contrary, any increase in compensation may be withheld in
27 whole or in part from any employee to whom the provisions of this
28 section apply pursuant to section seven of this act.
29 S 4. Use of appropriations. The comptroller is authorized to pay any
30 amounts required during the fiscal year commencing April 1, 2015 by the
31 foregoing provisions of this act for any state department or agency from
32 any appropriation or other funds available to such state department or
33 agency for personal service or for other related employee benefits
34 during such fiscal year. To the extent that such appropriations in any
35 fund, or combinations of funds, are insufficient to accomplish the
36 purposes herein set forth, the director of the budget is authorized to
37 allocate to any department and agency funds, from any appropriations
38 available in any other department's or agency's fund or funds, the
39 amounts necessary to pay such amounts.
40 S 5. Effect of participation in special annuity program. No officer or
41 employee participating in a special annuity program pursuant to the
42 provision of article 8-C of the education law shall, by reason of an
43 increase in compensation pursuant to this act, suffer any reduction of
44 the salary adjustment to which that employee would otherwise be entitled
45 by reason of participation in such program, and such salary adjustment
46 shall be based upon the salary of such officer or employee without
47 regard to the reduction authorized by such article.
48 S 6. Date of entitlement to salary increase. Notwithstanding the
49 provisions of this act or of any other law, the increase in salary or
50 compensation of any officer or employee provided by this act shall be
51 added to the salary or compensation of such officer or employee at the
52 beginning of that payroll period the first day of which is nearest to
53 the effective date of such increase as provided in this act, or at the
54 beginning of the earlier of two payroll periods the first days of which
55 are nearest but equally near to the effective date of such increase as
56 provided in this act, provided, however, that for the purposes of deter-
S. 2005 42 A. 3005
1 mining the salary of such officer or employee upon reclassification,
2 reallocation, appointment, promotion, transfer, demotion, reinstatement
3 or other change of status, such salary increase shall be deemed to be
4 effective on the date thereof as prescribed in this act, and the payment
5 thereof pursuant to this section on a date prior thereto, instead of on
6 such effective date, shall not operate to confer any additional salary
7 rights or benefits on such officer or employee.
8 S 7. 1. Notwithstanding the provisions of any other section of this
9 act or any other provision of law to the contrary, any increase in
10 compensation, provided: (a) in this act, or (b) as a result of a
11 promotion, appointment, or advancement to a position in a higher salary
12 grade, or (c) pursuant to paragraph (c) of subdivision 6 of section 131
13 of the civil service law, or (d) pursuant to paragraph (b) of subdivi-
14 sion 8 of section 130 of the civil service law, or (e) pursuant to para-
15 graph (a) of subdivision 3 of section 13 of chapter 732 of the laws of
16 1988, as amended, may be withheld in whole or in part from any officer
17 or employee when, in the opinion of the director of the budget, such
18 withholding is necessary to reflect the job performance of such officer
19 or employee, or to maintain appropriate salary relationships among offi-
20 cers or employees of the state, or to reduce state expenditures to
21 acceptable levels or when, in the opinion of the director of the budget,
22 such increase is not warranted or is not appropriate.
23 2. Notwithstanding the provisions of any other section of this act the
24 salary increases provided for in this act shall not be implemented until
25 the director of the budget delivers notice to the comptroller that such
26 amounts may be paid.
27 S 8. This act shall take effect immediately and shall be deemed to
28 have been in full force and effect on and after April 1, 2015.
29 PART I
30 Section 1. 1. On the first of June of every fourth year, commencing
31 June 1, 2015, there shall be established for such year a commission on
32 executive and legislative compensation to examine, evaluate and make
33 recommendations with respect to adequate levels of compensation and
34 non-salary benefits for the governor, lieutenant governor, attorney
35 general, comptroller, those state officers referred to in section 169 of
36 the executive law and members of the legislature.
37 2. In accordance with the provisions of this section, the commission
38 shall examine the prevailing adequacy of pay levels and other benefits,
39 including without limitation the necessity for and level of per diem and
40 reimbursements for expenses, and allowances for legislators permitted
41 pursuant to section 5-a of the legislative law, received by the gover-
42 nor, lieutenant governor, attorney general, comptroller, those state
43 officers referred to in section 169 of the executive law and members of
44 the legislature and determine whether any of such pay levels and other
45 benefits warrant elimination or adjustment.
46 3. In discharging its responsibilities under subdivision two of this
47 section, the commission shall take into account all appropriate factors
48 including, but not limited to: the overall economic climate; rates of
49 inflation; changes in public-sector spending; the levels of compensation
50 and non-salary benefits received by executive branch officials and
51 legislators of other states and of the federal government; the levels of
52 compensation and non-salary benefits received by professionals in
53 government, academia and private and nonprofit enterprise; and the
S. 2005 43 A. 3005
1 state's ability to fund increases in compensation and non-salary bene-
2 fits.
3 4. (a) In so discharging its duties, in the event the commission
4 determines that the pay level for members of the legislature warrants an
5 adjustment, then such adjustment shall consist of a two-tiered level of
6 pay. The first tier shall be a salary for members of the legislature who
7 agree to not receive income from compensated employment, directorships
8 and other fiduciary positions, contractual arrangements, and partner-
9 ships (collectively referred to as "income from outside sources") other
10 than the salary received as a legislator for the upcoming legislative
11 session; the second tier shall be a salary set lower than the aforemen-
12 tioned salary for members of the legislature who elect to receive income
13 from outside sources for the upcoming legislative session.
14 (b) The commission shall consider whether there should be a cap on
15 income from outside sources a legislator may receive and may recommend
16 the imposition of such a cap as a condition to receiving a second tier
17 adjustment in pay. Notwithstanding any limitations in section 73 or
18 73-a of the public officers law to the contrary, in responding to ques-
19 tions 8 and 13 of the statutorily mandated financial disclosure state-
20 ment, to receive a second tier adjustment in pay, a legislator must
21 disclose, without limitation, the source of all such income and the
22 names of all clients, if any, for whom such services were performed, and
23 shall be barred from representing any person or entity before any state
24 agency.
25 (c) A legislator must declare and attest prior to entering upon the
26 term of office beginning with the legislative session beginning in Janu-
27 ary 2017, whether he or she will elect to receive a salary based on the
28 receipt of income from outside sources or not and such salary shall be
29 set forth for that individual for two years until the commencement of
30 the next legislative session.
31 S 2. 1. The commission shall consist of three members to be appointed
32 as follows: one shall be appointed by the governor and shall serve as
33 chair of the commission; one shall be appointed by the temporary presi-
34 dent of the senate; and one shall be appointed by the speaker of the
35 assembly. Vacancies in the commission shall be filled in the same
36 manner as original appointments. To the extent practicable, members of
37 the commission shall have experience in one or more of the following:
38 determination of executive compensation, human resource administration
39 or financial management.
40 2. The commission shall only meet within the state, may hold public
41 hearings and shall have all the powers of a legislative committee pursu-
42 ant to the legislative law. It shall be governed by articles 6, 6-A and
43 7 of the public officers law. The commission shall hold at least four
44 public hearings each of which shall be held at a different site in New
45 York in order to gather input from the people of New York around the
46 state.
47 3. The members of the commission shall receive no compensation for
48 their services but shall be allowed their actual and necessary expenses
49 incurred in the performance of their duties hereunder.
50 4. No member of the commission shall be disqualified from holding any
51 other public office or employment, nor shall he or she forfeit any such
52 office or employment by reason of his or her appointment pursuant to
53 this section, notwithstanding the provisions of any general, special or
54 local law, regulation, ordinance or city charter.
55 5. To the maximum extent feasible, the commission shall be entitled to
56 request and receive and shall utilize and be provided with such facili-
S. 2005 44 A. 3005
1 ties, resources and data of any court, department, division, board,
2 bureau, commission, agency or public authority of the state or any poli-
3 tical subdivision thereof as it may reasonably request to carry out
4 properly its powers and duties pursuant to this section.
5 6. The commission may request, and shall receive, reasonable assist-
6 ance from state agency personnel as necessary for the performance of its
7 function.
8 7. The commission shall make a report to the governor and the legisla-
9 ture and shall publish on the internet its findings, conclusions, deter-
10 minations and recommendations, if any, not later than one hundred fifty
11 days after its establishment. The entire report must be agreed to by
12 unanimous vote of the members of the commission for the report to
13 constitute a report of the commission. Only upon such approval, shall
14 the commission draft legislation necessary to implement its recommenda-
15 tions and send such legislation to the governor and to the legislature
16 for consideration.
17 8. Upon the making of its report as provided in subdivision seven of
18 this section, each commission established pursuant to this section shall
19 be deemed dissolved.
20 S 3. This act shall take effect immediately and shall be deemed to
21 have been in full force and effect on and after April 1, 2015.
22 PART J
23 Section 1. Subdivision 2 of section 164 of the civil service law, as
24 added by section 1 of part W of chapter 56 of the laws of 2008, is
25 amended to read as follows:
26 2. [During the fiscal year two thousand eight--two thousand nine, the]
27 THE president [shall] MAY establish an amnesty period [not to exceed
28 sixty days]. During [this] AN amnesty period when any employee enrolled
29 in the plan voluntarily identifies any ineligible dependent:
30 (a) the termination of the ineligible dependent's coverage resulting
31 from such employee's timely compliance shall be made on a current basis;
32 (b) the plan shall not seek recovery of any claims paid based on the
33 coverage of the ineligible dependent;
34 (c) the employee shall not be entitled to any refund of premium paid
35 on behalf of any such ineligible dependent; and
36 (d) the employee shall not be subject to any disciplinary, civil or
37 criminal action, directly as a result of the coverage of the ineligible
38 dependent.
39 S 2. This act shall take effect immediately.
40 PART K
41 Section 1. Subdivisions 2 and 3 of section 92-cc of the state finance
42 law, subdivision 2 as amended by section 17 of part U of chapter 59 of
43 the laws of 2012 and subdivision 3 as added by chapter 1 of the laws of
44 2007, are amended to read as follows:
45 2. Such fund shall have a maximum balance not to exceed [three] EIGHT
46 per centum of the aggregate amount projected to be disbursed from the
47 general fund during the fiscal year immediately following the then-cur-
48 rent fiscal year. At the request of the director of the budget, the
49 state comptroller shall transfer monies to the rainy day reserve fund up
50 to and including an amount equivalent to [three-tenths of] one per
51 centum of the aggregate amount projected to be disbursed from the gener-
52 al fund during the then-current fiscal year, unless such transfer would
S. 2005 45 A. 3005
1 increase the rainy day reserve fund to an amount in excess of [three]
2 EIGHT per centum of the aggregate amount projected to be disbursed from
3 the general fund during the fiscal year immediately following the then-
4 current fiscal year, in which event such transfer shall be limited to
5 such amount as will increase the rainy day reserve fund to such [three]
6 EIGHT per centum limitation.
7 3. a. The amounts available in such reserve may be used if the follow-
8 ing conditions are met:
9 (i) Economic downturn. The commissioner of labor shall calculate and
10 publish, on or before the fifteenth day of each month, a composite index
11 of business cycle indicators. Such index shall be calculated using
12 monthly data on New York state employment, total manufacturing hours
13 worked, and unemployment prepared by the department of labor or its
14 successor agency, and total sales tax collected net of law changes,
15 prepared by the department of taxation and finance or its successor
16 agency. Such index shall be constructed in accordance with the proce-
17 dures for calculating composite indexes issued by the conference board
18 or its successor organization, and adjusted for seasonal variations in
19 accordance with the procedures issued by the census bureau of the United
20 States department of commerce or its successor agency. If the composite
21 index declines for [five] THREE consecutive months, the commissioner of
22 labor shall notify the governor, the speaker of the assembly, the tempo-
23 rary president of the senate, and the minority leaders of the assembly
24 and the senate. Upon such notification, the director of the budget may
25 authorize and direct the comptroller to transfer from the rainy day
26 reserve fund to the general fund such amounts as the director of the
27 budget deems necessary to meet the requirements of the state financial
28 plan. The authority to transfer funds under the provisions of this
29 subdivision shall lapse when the composite index shall have increased
30 for [five] THREE consecutive months or twelve months from the original
31 notification of the commissioner of labor, whichever occurs earlier.
32 Provided, however, that for every additional and consecutive monthly
33 decline succeeding the [five] THREE month decline so noted by the
34 commissioner of labor, the twelve month lapse date shall be extended by
35 one additional month; or
36 (ii) Catastrophic events. In the event of a need to repel invasion,
37 suppress insurrection, defend the state in war, or to respond to any
38 other emergency resulting from a disaster, including but not limited to,
39 a disaster caused by an act of terrorism, the director of the budget may
40 authorize and direct the comptroller to transfer from the rainy day
41 reserve fund to the general fund such amounts as the director of the
42 budget deems necessary to meet the requirements of the state financial
43 plan.
44 b. Prior to authorizing any transfer from the rainy day reserve fund
45 pursuant to the provisions of this section, the director of the budget
46 shall notify the speaker of the assembly, the temporary president of the
47 senate, and the minority leaders of the assembly and the senate. Such
48 letter shall specify the reasons for the transfer and the amount there-
49 of. Any amounts transferred from the rainy day reserve fund to the
50 general fund shall be subject to all the repayment provisions of this
51 section.
52 S 2. Paragraphs a-1 and a-2 of subdivision 3 of section 22 of the
53 state finance law are REPEALED, a new paragraph a-1 is added, and para-
54 graph a-3, as added by chapter 10 of the laws of 2006, is renumbered
55 paragraph a-2 and amended to read as follows:
S. 2005 46 A. 3005
1 A-1. FOR EACH STATE AGENCY, THE DISBURSEMENTS FOR THE PRIOR TWO STATE
2 FISCAL YEARS AND THE DISBURSEMENTS ESTIMATED TO BE MADE BEFORE THE CLOSE
3 OF THE CURRENT STATE FISCAL YEAR RELATED TO STATE AGENCY CONTRACTS FOR
4 CONSULTING SERVICES MADE FOR STATE PURPOSES.
5 a-2. For each state agency, the estimated number of FULL-TIME EQUIV-
6 ALENT employees hired for the current fiscal year [and anticipated to be
7 hired during the ensuing fiscal year] pursuant to contracts for services
8 made for state purposes based upon PLANNED AND annual employment reports
9 submitted by contractors pursuant to section one hundred sixty-three of
10 this chapter.
11 S 3. The retirement and social security law is amended by adding a new
12 section 809 to read as follows:
13 S 809. RETIREMENT SYSTEM REPORTING. THE NEW YORK STATE AND LOCAL
14 EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK STATE POLICE AND FIRE RETIRE-
15 MENT SYSTEM, THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM, THE NEW
16 YORK CITY EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK CITY TEACHERS'
17 RETIREMENT SYSTEM, THE NEW YORK CITY POLICE PENSION FUND, THE NEW YORK
18 CITY FIRE PENSION FUND, AND THE NEW YORK CITY BOARD OF EDUCATION RETIRE-
19 MENT SYSTEM SHALL REPORT ESTIMATED EMPLOYER PENSION CONTRIBUTION RATES
20 EXPRESSED AS A PERCENTAGE OF EMPLOYER PAYROLL FOR THE NEXT FISCAL YEAR
21 AND TWO ENSUING FISCAL YEARS, OR NEXT SCHOOL YEAR AND TWO ENSUING SCHOOL
22 YEARS, AS APPLICABLE TO SUCH RETIREMENT SYSTEMS AND AS APPROPRIATE FOR
23 ALL PARTICIPATING EMPLOYERS. SUCH RETIREMENT SYSTEM SHALL FILE THE
24 APPROPRIATE REPORT WITH THE DIRECTOR OF THE BUDGET AND CHAIRPERSON OF
25 THE SENATE FINANCE COMMITTEE AND ASSEMBLY WAYS AND MEANS COMMITTEE AND
26 ALSO MAKE THE REPORT AVAILABLE ON THEIR PUBLIC INTERNET WEBSITE. SUCH
27 REPORTING SHALL OCCUR ANNUALLY BY SEPTEMBER FIRST OF THE CURRENT YEAR
28 AND SHALL BE IN ADDITION TO ANY OTHER REPORTING REQUIREMENT IN LAW.
29 S 4. This act shall take effect immediately.
30 PART L
31 Section 1. Paragraph b of subdivision 2 of section 54-1 of the state
32 finance law, as amended by section 1 of part X of chapter 55 of the laws
33 of 2014, is amended to read as follows:
34 b. Within the amounts appropriated therefor, eligible municipalities
35 shall receive an amount equal to [seventy] FIFTY-FIVE percent of the
36 state aid payment received in the state fiscal year commencing April
37 first, two thousand eight from an appropriation for aid to munici-
38 palities with video lottery gaming facilities.
39 S 2. This act shall take effect immediately.
40 PART M
41 Section 1. Section 3 of chapter 674 of the laws of 1993, amending the
42 public buildings law relating to value limitations on contracts, as
43 amended by chapter 61 of the laws of 2013, is amended to read as
44 follows:
45 S 3. This act shall take effect immediately and shall remain in full
46 force and effect only until June 30, [2015] 2017.
47 S 2. Subdivision 2 of section 9 of the public buildings law, as
48 amended by chapter 84 of the laws of 2007, is amended to read as
49 follows:
50 2. Notwithstanding any other provision of this law or any general or
51 special law, where there is a construction emergency, as defined by
52 subdivision one of this section, the commissioner of general services
S. 2005 47 A. 3005
1 may, upon written notice of such construction emergency from an author-
2 ized officer of the department or agency having jurisdiction of the
3 property, let emergency contracts for public work or the purchase of
4 supplies, materials or equipment without complying with formal compet-
5 itive bidding requirements, provided that all such contracts shall be
6 subject to the approval of the attorney general and the comptroller and
7 that no such contract shall exceed [three hundred thousand] ONE MILLION
8 dollars. Such emergency contracts shall be let only for work necessary
9 to remedy or ameliorate a construction emergency.
10 S 3. This act shall take effect immediately; provided, however, that
11 the amendments to subdivision 2 of section 9 of the public buildings law
12 made by section two of this act shall not affect the expiration of such
13 subdivision and shall be deemed to expire therewith.
14 PART N
15 Section 1. The second undesignated paragraph of section 6 of the
16 public buildings law, as amended by chapter 237 of the laws of 1992, is
17 amended to read as follows:
18 Notwithstanding any inconsistent provisions of law, the commissioner
19 of general services may by rules delegate to the agency or department
20 having custody of any public building full responsibility for the prepa-
21 ration of plans and specifications and the supervision of minor, routine
22 or uncomplicated construction, reconstruction, alteration, improvement
23 or repair of any such building, providing the value of such work shall
24 not exceed ONE HUNDRED fifty thousand dollars.
25 S 2. This act shall take effect immediately.
26 PART O
27 Section 1. The state finance law is amended by adding a new section
28 93-b to read as follows:
29 S 93-B. DEDICATED INFRASTRUCTURE INVESTMENT FUND. 1. DEDICATED INFRAS-
30 TRUCTURE INVESTMENT FUND. (A) THERE IS HEREBY ESTABLISHED IN THE JOINT
31 CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND
32 FINANCE A SPECIAL FUND TO BE KNOWN AS THE "DEDICATED INFRASTRUCTURE
33 INVESTMENT FUND".
34 (B) ACCOUNTS. THE DEDICATED INFRASTRUCTURE INVESTMENT FUND SHALL
35 CONSIST OF TWO SEPARATE AND DISTINCT ACCOUNTS: (I) THE "UPSTATE REVITAL-
36 IZATION ACCOUNT", AND (II) THE "SPECIAL INFRASTRUCTURE ACCOUNT". MONEYS
37 IN EACH ACCOUNT SHALL BE KEPT SEPARATE AND NOT COMMINGLED WITH ANY OTHER
38 MONEYS IN THE CUSTODY OF THE COMPTROLLER.
39 (C) SOURCES OF FUNDS. THE SOURCES OF FUNDS SHALL CONSIST OF ALL MONEYS
40 COLLECTED THEREFOR, OR MONEYS CREDITED, APPROPRIATED OR TRANSFERRED
41 THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW OR ANY OTHER
42 MONEYS MADE AVAILABLE FOR THE PURPOSES OF THE FUND. ANY INTEREST
43 RECEIVED BY THE COMPTROLLER ON MONEYS ON DEPOSIT SHALL BE RETAINED AND
44 BECOME PART OF THE FUND, UNLESS OTHERWISE DIRECTED BY LAW.
45 2. USES OF FUNDS. (A) UPSTATE REVITALIZATION ACCOUNT. FOLLOWING APPRO-
46 PRIATION BY THE LEGISLATURE, MONEYS IN THE UPSTATE REVITALIZATION
47 ACCOUNT SHALL BE AVAILABLE TO FINANCE PROJECTS, WORKS, ACTIVITIES OR
48 PURPOSES NECESSARY TO PROMOTE ECONOMIC DEVELOPMENT. NOTHING CONTAINED IN
49 THIS SECTION SHALL BE CONSTRUED TO LIMIT IN ANY WAY THE PROJECTS, WORKS,
50 ACTIVITIES OR PURPOSES THAT CAN BE FINANCED FROM THIS ACCOUNT.
51 (B) SPECIAL INFRASTRUCTURE ACCOUNT. FOLLOWING APPROPRIATION BY THE
52 LEGISLATURE, MONEYS IN THE SPECIAL INFRASTRUCTURE ACCOUNT SHALL BE
S. 2005 48 A. 3005
1 AVAILABLE TO FINANCE PROJECTS, WORKS, ACTIVITIES OR PURPOSES NECESSARY
2 TO SUPPORT STATEWIDE INVESTMENTS. NOTHING CONTAINED IN THIS SECTION
3 SHALL BE CONSTRUED TO LIMIT IN ANY WAY THE PROJECTS, WORKS, ACTIVITIES
4 OR PURPOSES THAT CAN BE FINANCED FROM THIS ACCOUNT, INCLUDING BUT NOT
5 LIMITED TO LOANS OF MONEY TO PUBLIC CORPORATIONS OR AUTHORITIES UNDER
6 TERMS APPROVED BY THE DIRECTOR OF THE BUDGET.
7 3. TRANSFERS. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE
8 CONTRARY, FOR THE STATE FISCAL YEAR COMMENCING ON APRIL FIRST, TWO THOU-
9 SAND FIFTEEN, THE COMPTROLLER IS HEREBY AUTHORIZED TO TRANSFER MONIES
10 FROM THE DEDICATED INFRASTRUCTURE INVESTMENT FUND TO THE GENERAL FUND,
11 AND FROM THE GENERAL FUND TO THE DEDICATED INFRASTRUCTURE INVESTMENT
12 FUND, IN AN AMOUNT DETERMINED BY THE DIRECTOR OF THE BUDGET TO THE
13 EXTENT MONEYS ARE AVAILABLE IN THE FUND; PROVIDED, HOWEVER, THAT THE
14 COMPTROLLER IS ONLY AUTHORIZED TO TRANSFER MONIES FROM THE DEDICATED
15 INFRASTRUCTURE INVESTMENT FUND TO THE GENERAL FUND IN THE EVENT OF AN
16 ECONOMIC DOWNTURN AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION; FOR
17 THE PURPOSE OF DISASTER READINESS, RESPONSE AND RESILIENCY AS DESCRIBED
18 IN PARAGRAPH (B) OF THIS SUBDIVISION; AND/OR TO OFFSET DECLINES IN
19 FEDERAL MEDICARE AND MEDICAID REVENUES IN EXCESS OF ONE HUNDRED MILLION
20 DOLLARS FROM ANTICIPATED LEVELS, AS DETERMINED BY THE DIRECTOR OF THE
21 BUDGET AND DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION.
22 (A) ECONOMIC DOWNTURN. NOTWITHSTANDING ANY LAW TO THE CONTRARY, FOR
23 THE PURPOSE OF THIS SECTION, THE COMMISSIONER OF LABOR SHALL CALCULATE
24 AND PUBLISH, ON OR BEFORE THE FIFTEENTH DAY OF EACH MONTH, A COMPOSITE
25 INDEX OF BUSINESS CYCLE INDICATORS. SUCH INDEX SHALL BE CALCULATED USING
26 MONTHLY DATA ON NEW YORK STATE EMPLOYMENT, TOTAL MANUFACTURING HOURS
27 WORKED, AND UNEMPLOYMENT PREPARED BY THE DEPARTMENT OF LABOR OR ITS
28 SUCCESSOR AGENCY, AND TOTAL SALES TAX COLLECTED NET OF LAW CHANGES,
29 PREPARED BY THE DEPARTMENT OF TAXATION AND FINANCE OR ITS SUCCESSOR
30 AGENCY. SUCH INDEX SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE PROCE-
31 DURES FOR CALCULATING COMPOSITE INDEXES ISSUED BY THE CONFERENCE BOARD
32 OR ITS SUCCESSOR ORGANIZATION, AND ADJUSTED FOR SEASONAL VARIATIONS IN
33 ACCORDANCE WITH THE PROCEDURES ISSUED BY THE CENSUS BUREAU OF THE UNITED
34 STATES DEPARTMENT OF COMMERCE OR ITS SUCCESSOR AGENCY. IF THE COMPOSITE
35 INDEX DECLINES FOR THREE CONSECUTIVE MONTHS, THE COMMISSIONER OF LABOR
36 SHALL NOTIFY THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY
37 PRESIDENT OF THE SENATE, AND THE MINORITY LEADERS OF THE ASSEMBLY AND
38 THE SENATE. UPON SUCH NOTIFICATION, THE DIRECTOR OF THE BUDGET MAY
39 AUTHORIZE AND DIRECT THE COMPTROLLER TO TRANSFER FROM THE DEDICATED
40 INFRASTRUCTURE INVESTMENT FUND TO THE GENERAL FUND SUCH AMOUNTS AS THE
41 DIRECTOR OF THE BUDGET DEEMS NECESSARY TO MEET THE REQUIREMENTS OF THE
42 STATE FINANCIAL PLAN.
43 (B) DISASTER READINESS, RESPONSE AND RESILIENCY. NOTWITHSTANDING ANY
44 LAW TO THE CONTRARY, IN ORDER TO PREPARE FOR, PREVENT, DETER OR RESPOND
45 TO ACTS OF TERRORISM; NATURAL OR MAN-MADE DISASTERS; PUBLIC SAFETY,
46 HEALTH, AND/OR OTHER EMERGENCIES, THE DIRECTOR OF THE BUDGET MAY AUTHOR-
47 IZE AND DIRECT THE COMPTROLLER TO TRANSFER FROM THE DEDICATED INFRAS-
48 TRUCTURE INVESTMENT FUND TO THE GENERAL FUND SUCH AMOUNTS AS THE DIREC-
49 TOR OF THE BUDGET DEEMS NECESSARY TO MEET THE REQUIREMENTS OF THE STATE
50 FINANCIAL PLAN.
51 (C) FEDERAL MEDICARE AND MEDICAID REVENUES. NOTWITHSTANDING ANY LAW TO
52 THE CONTRARY, THE DIRECTOR OF THE BUDGET MAY AUTHORIZE AND DIRECT THE
53 COMPTROLLER TO TRANSFER FROM THE DEDICATED INFRASTRUCTURE INVESTMENT
54 FUND TO THE GENERAL FUND AN AMOUNT NOT TO EXCEED THE DECLINE FROM ANTIC-
55 IPATED LEVELS OF FEDERAL MEDICARE AND MEDICAID REVENUES. IN THE EVENT
56 THIS AUTHORIZATION IS UTILIZED, THE DIRECTOR OF THE BUDGET MAY AUTHORIZE
S. 2005 49 A. 3005
1 AND DIRECT THE COMPTROLLER TO TRANSFER SUCH AMOUNT AND THE CONCOMITANT
2 REDUCTION IN STATE SHARE MEDICARE AND MEDICAID REVENUES FROM THE GENERAL
3 FUND TO THE MISCELLANEOUS SPECIAL REVENUE FUND, MENTAL HYGIENE PROGRAM
4 FUND (21907), AND THE MISCELLANEOUS SPECIAL REVENUE FUND, PATIENT INCOME
5 ACCOUNT (21909).
6 (D) PRIOR TO AUTHORIZING ANY TRANSFER FROM THE DEDICATED INFRASTRUC-
7 TURE INVESTMENT FUND ACCOUNTS PURSUANT TO THE PROVISIONS OF THIS
8 SECTION, THE DIRECTOR OF THE BUDGET SHALL NOTIFY THE SPEAKER OF THE
9 ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE MINORITY LEAD-
10 ERS OF THE ASSEMBLY AND THE SENATE. SUCH LETTER SHALL SPECIFY THE
11 REASONS FOR THE TRANSFER AND THE AMOUNT THEREOF.
12 S 2. This act shall take effect immediately.
13 PART P
14 Section 1. The state comptroller is hereby authorized and directed to
15 loan money in accordance with the provisions set forth in subdivision 5
16 of section 4 of the state finance law to the following funds and/or
17 accounts:
18 1. Tuition reimbursement account (20451).
19 2. Proprietary vocational school supervision account (20452).
20 3. Local government records management account (20501).
21 4. Child health plus program account (20810).
22 5. EPIC premium account (20818).
23 6. Education - New (20901).
24 7. VLT - Sound basic education fund (20904).
25 8. Sewage treatment program management and administration fund
26 (21000).
27 9. Hazardous bulk storage account (21061).
28 10. Federal grants indirect cost recovery account (21065).
29 11. Low level radioactive waste account (21066).
30 12. Recreation account (21067).
31 13. Public safety recovery account (21077).
32 14. Environmental regulatory account (21081).
33 15. Natural resource account (21082).
34 16. Mined land reclamation program account (21084).
35 17. Great lakes restoration initiative account (21087).
36 18. Environmental protection and oil spill compensation fund (21200).
37 19. Public transportation systems account (21401).
38 20. Metropolitan mass transportation (21402).
39 21. Operating permit program account (21451).
40 22. Mobile source account (21452).
41 23. Statewide planning and research cooperative system account
42 (21902).
43 24. OPWDD provider of service account (21903).
44 25. Mental hygiene program fund account (21907).
45 26. Mental hygiene patient income account (21909).
46 27. Financial control board account (21911).
47 28. Regulation of racing account (21912).
48 29. New York Metropolitan Transportation Council account (21913).
49 30. State university dormitory income reimbursable account (21937).
50 31. Energy research account (21943).
51 32. Criminal justice improvement account (21945).
52 33. Fingerprint identification and technology account (21950).
53 34. Environmental laboratory reference fee account (21959).
54 35. Clinical laboratory reference system assessment account (21962).
S. 2005 50 A. 3005
1 36. Indirect cost recovery account (21978).
2 37. High school equivalency program account (21979).
3 38. Multi-agency training account (21989).
4 39. Bell jar collection account (22003).
5 40. Industry and utility service account (22004).
6 41. Real property disposition account (22006).
7 42. Parking account (22007).
8 43. Asbestos safety training program account (22009).
9 44. Batavia school for the blind account (22032).
10 45. Investment services account (22034).
11 46. Surplus property account (22036).
12 47. Financial oversight account (22039).
13 48. Regulation of indian gaming account (22046).
14 49. Rome school for the deaf account (22053).
15 50. Seized assets account (22054).
16 51. Administrative adjudication account (22055).
17 52. Federal salary sharing account (22056).
18 53. New York City assessment account (22062).
19 54. Cultural education account (22063).
20 55. Local services account (22078).
21 56. DHCR mortgage servicing account (22085).
22 57. Department of motor vehicles compulsory insurance account (22087).
23 58. Housing indirect cost recovery account (22090).
24 59. Accident prevention course program account (22094).
25 60. DHCR-HCA application fee account (22100).
26 61. Low income housing monitoring account (22130).
27 62. Corporation administration account (22135).
28 63. Montrose veteran's home account (22144).
29 64. Deferred compensation administration account (22151).
30 65. Rent revenue other New York City account (22156).
31 66. Rent revenue account (22158).
32 67. Tax revenue arrearage account (22168).
33 68. State university general income offset account (22654).
34 69. State police motor vehicle law enforcement account (22802).
35 70. Highway safety program account (23001).
36 71. EFC drinking water program account (23101).
37 72. DOH drinking water program account (23102).
38 73. NYCCC operating offset account (23151).
39 74. Commercial gaming revenue account (23701).
40 75. Commercial gaming regulation account (23702).
41 76. Highway and bridge capital account (30051).
42 77. State university residence hall rehabilitation fund (30100).
43 78. State parks infrastructure account (30351).
44 79. Clean water/clean air implementation fund (30500).
45 80. Hazardous waste remedial cleanup account (31506).
46 81. Youth facilities improvement account (31701).
47 82. Housing assistance fund (31800).
48 83. Housing program fund (31850).
49 84. Highway facility purpose account (31951).
50 85. Information technology capital financing account (32215).
51 86. New York racing account (32213).
52 87. Mental hygiene facilities capital improvement fund (32300).
53 88. Correctional facilities capital improvement fund (32350).
54 89. New York State Storm Recovery Capital Fund (33000).
55 90. OGS convention center account (50318).
56 91. Centralized services fund (55000).
S. 2005 51 A. 3005
1 92. Archives records management account (55052).
2 93. Federal single audit account (55053).
3 94. Civil service law section II administrative account (55055).
4 95. Civil service EHS occupational health program account (55056).
5 96. Banking services account (55057).
6 97. Cultural resources survey account (55058).
7 98. Neighborhood work project (55059).
8 99. Automation & printing chargeback account (55060).
9 100. OFT NYT account (55061).
10 101. Data center account (55062).
11 102. Intrusion detection account (55066).
12 103. Domestic violence grant account (55067).
13 104. Centralized technology services account (55069).
14 105. Labor contact center account (55071).
15 106. Human services contact center account (55072).
16 107. Tax contact center account (55073).
17 108. Executive direction internal audit account (55251).
18 109. CIO Information technology centralized services account (55252).
19 110. Health insurance internal service account (55300).
20 111. Civil service employee benefits division administrative account
21 (55301).
22 112. Correctional industries revolving fund (55350).
23 113. Employees health insurance account (60201).
24 114. Medicaid management information system escrow fund (60900).
25 S 1-a. The state comptroller is hereby authorized and directed to loan
26 money in accordance with the provisions set forth in subdivision 5 of
27 section 4 of the state finance law to any account within the following
28 federal funds, provided the comptroller has made a determination that
29 sufficient federal grant award authority is available to reimburse such
30 loans:
31 1. Federal USDA-food and nutrition services fund (25000).
32 2. Federal health and human services fund (25100).
33 3. Federal education fund (25200).
34 4. Federal block grant fund (25250).
35 5. Federal miscellaneous operating grants fund (25300).
36 6. Federal unemployment insurance administration fund (25900).
37 7. Federal unemployment insurance occupational training fund (25950).
38 8. Federal emergency employment act fund (26000).
39 9. Federal capital projects fund (31350).
40 S 2. Notwithstanding any law to the contrary, and in accordance with
41 section 4 of the state finance law, the comptroller is hereby authorized
42 and directed to transfer, upon request of the director of the budget, on
43 or before March 31, 2016, up to the unencumbered balance or the follow-
44 ing amounts:
45 Economic Development and Public Authorities:
46 1. $175,000 from the miscellaneous special revenue fund, underground
47 facilities safety training account (22172), to the general fund.
48 2. An amount up to the unencumbered balance from the miscellaneous
49 special revenue fund, business and licensing services account (21977),
50 to the general fund.
51 3. $14,810,000 from the miscellaneous special revenue fund, code
52 enforcement account (21904), to the general fund.
53 4. $3,000,000 from the general fund to the miscellaneous special
54 revenue fund, tax revenue arrearage account (22168).
55 5. $552,000 from the miscellaneous special revenue fund, consumer food
56 industry account (21966), to the general fund.
S. 2005 52 A. 3005
1 Education:
2 1. $2,219,000,000 from the general fund to the state lottery fund,
3 education account (20901), as reimbursement for disbursements made from
4 such fund for supplemental aid to education pursuant to section 92-c of
5 the state finance law that are in excess of the amounts deposited in
6 such fund for such purposes pursuant to section 1612 of the tax law.
7 2. $952,000,000 from the general fund to the state lottery fund, VLT
8 education account (20904), as reimbursement for disbursements made from
9 such fund for supplemental aid to education pursuant to section 92-c of
10 the state finance law that are in excess of the amounts deposited in
11 such fund for such purposes pursuant to section 1612 of the tax law.
12 3. Moneys from the state lottery fund up to an amount deposited in
13 such fund pursuant to section 1612 of the tax law in excess of the
14 current year appropriation for supplemental aid to education pursuant to
15 section 92-c of the state finance law.
16 4. $300,000 from the local government records management improvement
17 fund (20500) to the archives partnership trust fund (20350).
18 5. $900,000 from the general fund to the miscellaneous special revenue
19 fund, Batavia school for the blind account (22032).
20 6. $900,000 from the general fund to the miscellaneous special revenue
21 fund, Rome school for the deaf account (22053).
22 7. $343,400,000 from the state university dormitory income fund
23 (40350) to the miscellaneous special revenue fund, state university
24 dormitory income reimbursable account (21937).
25 8. $24,000,000 from any of the state education department special
26 revenue and internal service funds to the miscellaneous special revenue
27 fund, indirect cost recovery account (21978).
28 9. $8,318,000 from the general fund to the state university income
29 fund, state university income offset account (22654), for the state's
30 share of repayment of the STIP loan.
31 10. $45,000,000 from the state university income fund, state universi-
32 ty hospitals income reimbursable account (22656) to the general fund for
33 hospital debt service for the period April 1, 2015 through March 31,
34 2016.
35 Environmental Affairs:
36 1. $16,000,000 from any of the department of environmental conserva-
37 tion's special revenue federal funds to the environmental conservation
38 special revenue fund, federal indirect recovery account (21065).
39 2. $2,000,000 from any of the department of environmental conserva-
40 tion's special revenue federal funds to the conservation fund as neces-
41 sary to avoid diversion of conservation funds.
42 3. $3,000,000 from any of the office of parks, recreation and historic
43 preservation capital projects federal funds and special revenue federal
44 funds to the miscellaneous special revenue fund, federal grant indirect
45 cost recovery account (22188).
46 4. $1,000,000 from any of the office of parks, recreation and historic
47 preservation special revenue federal funds to the miscellaneous special
48 revenue fund, I love NY water account (21930).
49 5. $18,000,000 from the general fund to the environmental protection
50 fund, environmental protection fund transfer account (30451).
51 6. $8,500,000 from the general fund to the hazardous waste remedial
52 fund, hazardous waste oversight and assistance account (31505).
53 7. $25,000,000 from the environmental protection fund, environmental
54 protection transfer account (30451), to the general fund.
55 Family Assistance:
S. 2005 53 A. 3005
1 1. $10,000,000 from any of the office of children and family services,
2 office of temporary and disability assistance, or department of health
3 special revenue federal funds and the general fund, in accordance with
4 agreements with social services districts, to the miscellaneous special
5 revenue fund, office of human resources development state match account
6 (21967).
7 2. $3,000,000 from any of the office of children and family services
8 or office of temporary and disability assistance special revenue federal
9 funds to the miscellaneous special revenue fund, family preservation and
10 support services and family violence services account (22082).
11 3. $18,670,000 from any of the office of children and family services,
12 office of temporary and disability assistance, or department of health
13 special revenue federal funds and any other miscellaneous revenues
14 generated from the operation of office of children and family services
15 programs to the general fund.
16 4. $166,000,000 from any of the office of temporary and disability
17 assistance or department of health special revenue funds to the general
18 fund.
19 5. $2,500,000 from any of the office of temporary and disability
20 assistance or office of children and family services special revenue
21 federal funds to the miscellaneous special revenue fund, office of
22 temporary and disability assistance program account (21980).
23 6. $35,000,000 from any of the office of children and family services,
24 office of temporary and disability assistance, department of labor, and
25 department of health special revenue federal funds to the office of
26 children and family services miscellaneous special revenue fund, multi-
27 agency training contract account (21989).
28 7. $65,000,000 from the miscellaneous special revenue fund, youth
29 facility per diem account (22186), to the general fund.
30 8. $621,850 from the general fund to the combined gifts, grants, and
31 bequests fund, WB Hoyt Memorial account (20128).
32 9. $3,100,000 from the miscellaneous special revenue fund, state
33 central registry (22028), to the general fund.
34 General Government:
35 1. $1,566,000 from the miscellaneous special revenue fund, examination
36 and miscellaneous revenue account (22065) to the general fund.
37 2. $12,500,000 from the general fund to the health insurance revolving
38 fund (55300).
39 3. $192,400,000 from the health insurance reserve receipts fund
40 (60550) to the general fund.
41 4. $150,000 from the general fund to the not-for-profit revolving loan
42 fund (20650).
43 5. $150,000 from the not-for-profit revolving loan fund (20650) to the
44 general fund.
45 6. $3,000,000 from the miscellaneous special revenue fund, surplus
46 property account (22036), to the general fund.
47 7. $19,900,000 from the general fund to the miscellaneous special
48 revenue fund, alcoholic beverage control account (22033).
49 8. $23,000,000 from the miscellaneous special revenue fund, revenue
50 arrearage account (22024), to the general fund.
51 9. $1,826,000 from the miscellaneous special revenue fund, revenue
52 arrearage account (22024), to the miscellaneous special revenue fund,
53 authority budget office account (22138).
54 10. $1,000,000 from the miscellaneous special revenue fund, parking
55 services account (22007), to the general fund, for the purpose of reim-
56 bursing the costs of debt service related to state parking facilities.
S. 2005 54 A. 3005
1 11. $21,794,000 from the general fund to the internal service fund,
2 COPS account (55013).
3 12. $8,360,000 from the general fund to the agencies internal service
4 fund, central technology services account (55069), for the purpose of
5 enterprise technology projects.
6 13. $5,000,000 from the miscellaneous special revenue fund, workers'
7 compensation account (21995), to the miscellaneous capital projects
8 fund, workers' compensation board IT business process design fund.
9 Health:
10 1. $30,000,000 from the miscellaneous special revenue fund, quality of
11 care account (21915), to the general fund.
12 2. $1,000,000 from the general fund to the combined gifts, grants and
13 bequests fund, breast cancer research and education account (20155), an
14 amount equal to the monies collected and deposited into that account in
15 the previous fiscal year.
16 3. $250,000 from the general fund to the combined gifts, grants and
17 bequests fund, prostate cancer research, detection, and education
18 account (20183), an amount equal to the moneys collected and deposited
19 into that account in the previous fiscal year.
20 4. $500,000 from the general fund to the combined gifts, grants and
21 bequests fund, Alzheimer's disease research and assistance account
22 (20143), an amount equal to the moneys collected and deposited into that
23 account in the previous fiscal year.
24 5. $30,295,000 from the HCRA resources fund (20800) to the miscella-
25 neous special revenue fund, empire state stem cell trust fund account
26 (22161).
27 6. $30,000,000 from any of the department of health accounts within
28 the federal health and human services fund to the miscellaneous special
29 revenue fund, quality of care account (21915).
30 7. $6,000,000 from the miscellaneous special revenue fund, certificate
31 of need account (21920), to the miscellaneous capital projects fund,
32 healthcare IT capital subfund.
33 8. $1,000,000 from the miscellaneous special revenue fund, adminis-
34 tration program account (21982), to the miscellaneous capital projects
35 fund, healthcare IT capital account (32216).
36 9. $1,000,000 from the miscellaneous special revenue fund, vital
37 records account (22103), to the miscellaneous capital projects fund,
38 healthcare IT capital account (32216).
39 10. $55,000,000 from the HCRA resources fund (20800) to the capital
40 projects fund (30000).
41 11. $3,700,000 from the miscellaneous New York state agency fund,
42 Medicaid recoveries account (60615), to the general fund.
43 12. $6,740,000 from the general fund to the medical marihuana trust
44 fund, medical marihuana - DOH account.
45 13. $4,096,000 from the HCRA resources fund (20800), to the miscella-
46 neous special revenue fund, cigarette strike force account.
47 14. $3,086,000 from the miscellaneous special revenue fund, certif-
48 icate of need account (21920), to the general fund.
49 Labor:
50 1. $400,000 from the miscellaneous special revenue fund, DOL fee and
51 penalty account (21923), to the child performer's protection fund, child
52 performer protection account (20401).
53 2. $8,400,000 from the miscellaneous special revenue fund, DOL fee and
54 penalty account (21923), to the general fund.
S. 2005 55 A. 3005
1 3. $3,300,000 from the unemployment insurance interest and penalty
2 fund, unemployment insurance special interest and penalty account
3 (23601), to the general fund.
4 Mental Hygiene:
5 1. $10,000,000 from the miscellaneous special revenue fund, mental
6 hygiene patient income account (21909), to the miscellaneous special
7 revenue fund, federal salary sharing account (22056).
8 2. $15,000,000 from the miscellaneous special revenue fund, mental
9 hygiene patient income account (21909), to the miscellaneous special
10 revenue fund, provider of service accounts (21903).
11 3. $15,000,000 from the miscellaneous special revenue fund, mental
12 hygiene program fund account (21907), to the miscellaneous special
13 revenue fund, provider of service account (21903).
14 4. $1,400,000,000 from the general fund to the miscellaneous special
15 revenue fund, mental hygiene patient income account (21909).
16 5. $1,850,000,000 from the general fund to the miscellaneous special
17 revenue fund, mental hygiene program fund account (21907).
18 6. $100,000,000 from the miscellaneous special revenue fund, mental
19 hygiene program fund account (21907), to the general fund.
20 7. $100,000,000 from the miscellaneous special revenue fund, mental
21 hygiene patient income account (21909), to the general fund.
22 Public Protection:
23 1. $1,350,000 from the miscellaneous special revenue fund, emergency
24 management account (21944), to the general fund.
25 2. $3,300,000 from the general fund to the miscellaneous special
26 revenue fund, recruitment incentive account (22171).
27 3. $13,000,000 from the general fund to the correctional industries
28 revolving fund, correctional industries internal service account
29 (55350).
30 4. $3,000,000 from the federal miscellaneous operating grants fund,
31 DMNA damage account (25324), to the general fund.
32 5. $14,300,000 from the general fund to the miscellaneous special
33 revenue fund, crimes against revenue program account (22015).
34 6. $22,900,000 from the miscellaneous special revenue fund, criminal
35 justice improvement account (21945), to the general fund.
36 7. $50,000,000 from the miscellaneous special revenue fund, statewide
37 public safety communications account (22123), to the general fund.
38 8. $106,000,000 from the state police motor vehicle law enforcement
39 and motor vehicle theft and insurance fraud prevention fund, state
40 police motor vehicle enforcement account (22802), to the general fund
41 for state operation expenses of the division of state police.
42 9. $21,500,000 from the general fund to the correctional facilities
43 capital improvement fund (32350).
44 10. $5,000,000 from the general fund to the dedicated highway and
45 bridge trust fund (30050) for the purpose of work zone safety activities
46 provided by the division of state police for the department of transpor-
47 tation.
48 11. $5,000,000 from the miscellaneous special revenue fund, statewide
49 public safety communications account (22123), to the capital projects
50 fund (30000).
51 12. $2,900,000 from the miscellaneous special revenue fund, legal
52 services assistance account (22096), to the general fund.
53 13. $300,000 from the state police motor vehicle law enforcement and
54 motor vehicle theft and insurance fraud prevention fund, motor vehicle
55 theft and insurance fraud account (22801), to the general fund.
56 Transportation:
S. 2005 56 A. 3005
1 1. $17,672,000 from the federal miscellaneous operating grants fund to
2 the miscellaneous special revenue fund, New York Metropolitan Transpor-
3 tation Council account (21913).
4 2. $20,147,000 from the federal capital projects fund to the miscella-
5 neous special revenue fund, New York Metropolitan Transportation Council
6 account (21913).
7 3. $15,700,000 from the miscellaneous special revenue fund, compulsory
8 insurance account (22087), to the general fund.
9 4. $14,878,096 from the general fund to the mass transportation oper-
10 ating assistance fund, public transportation systems operating assist-
11 ance account (21401), of which $12,000,000 constitutes the base need for
12 operations.
13 5. $685,609,000 from the general fund to the dedicated highway and
14 bridge trust fund (30050).
15 6. $606,000 from the miscellaneous special revenue fund, accident
16 prevention course program account (22094), to the general fund.
17 7. $6,000 from the miscellaneous special revenue fund, motorcycle
18 safety account (21976), to the general fund.
19 8. $309,250,000 from the general fund to the MTA financial assistance
20 fund, mobility tax trust account (23651).
21 9. $20,000,000 from the mass transportation operating assistance fund,
22 metropolitan mass transportation operating assistance account (21402),
23 to the general debt service fund (40151), for reimbursement of the
24 state's expenses in connection with payments of debt service and related
25 expenses for the metropolitan transportation authority's state service
26 contract bonds.
27 10. $5,000,000 from the miscellaneous special revenue fund, transpor-
28 tation regulation account (22067) to the dedicated highway and bridge
29 trust fund (30050), for disbursements made from such fund for motor
30 carrier safety that are in excess of the amounts deposited in the dedi-
31 cated highway and bridge trust fund (30050) for such purpose pursuant to
32 section 94 of the transportation law.
33 11. $121,548,000 from the mass transportation operating assistance
34 fund, metropolitan mass transportation operating assistance account
35 (21402), to the transit assistance for capital investments fund, metro-
36 politan transit assistance for capital investments account, for
37 disbursements made from such fund pursuant to a chapter of the laws of
38 2015.
39 Miscellaneous:
40 1. $200,000,000 from the general fund to any funds or accounts for the
41 purpose of reimbursing certain outstanding accounts receivable balances.
42 2. $1,000,000,000 from the general fund to the debt reduction reserve
43 fund (40000).
44 3. $450,000,000 from the New York state storm recovery capital fund
45 (33000) to the revenue bond tax fund (40152).
46 4. $15,500,000 from the general fund, community projects account GG
47 (10256), to the general fund, state purposes account (10050).
48 5. $1,500,000,000 from the general fund to the dedicated infrastruc-
49 ture investment fund, upstate revitalization account.
50 6. $3,050,000,000 from the general fund to the dedicated infrastruc-
51 ture investment fund, special infrastructure account.
52 S 3. Notwithstanding any law to the contrary, and in accordance with
53 section 4 of the state finance law, the comptroller is hereby authorized
54 and directed to transfer, on or before March 31, 2016:
55 1. Upon request of the commissioner of environmental conservation, up
56 to $11,354,000 from revenues credited to any of the department of envi-
S. 2005 57 A. 3005
1 ronmental conservation special revenue funds, including $3,285,400 from
2 the environmental protection and oil spill compensation fund (21200),
3 and $1,779,600 from the conservation fund (21150), to the environmental
4 conservation special revenue fund, indirect charges account (21060).
5 2. Upon request of the commissioner of agriculture and markets, up to
6 $3,000,000 from any special revenue fund or enterprise fund within the
7 department of agriculture and markets to the general fund, to pay appro-
8 priate administrative expenses.
9 3. Upon request of the commissioner of agriculture and markets, up to
10 $2,000,000 from the state exposition special fund, state fair receipts
11 account (50051) to the miscellaneous capital projects fund, state fair
12 capital improvement account (32208).
13 4. Upon request of the commissioner of the division of housing and
14 community renewal, up to $6,221,000 from revenues credited to any divi-
15 sion of housing and community renewal federal or miscellaneous special
16 revenue fund to the miscellaneous special revenue fund, housing indirect
17 cost recovery account (22090).
18 5. Upon request of the commissioner of the division of housing and
19 community renewal, up to $5,500,000 may be transferred from any miscel-
20 laneous special revenue fund account, to any miscellaneous special
21 revenue fund.
22 6. Upon request of the commissioner of health up to $5,000,000 from
23 revenues credited to any of the department of health's special revenue
24 funds, to the miscellaneous special revenue fund, administration account
25 (21982).
26 S 4. On or before March 31, 2016, the comptroller is hereby authorized
27 and directed to deposit earnings that would otherwise accrue to the
28 general fund that are attributable to the operation of section 98-a of
29 the state finance law, to the agencies internal service fund, banking
30 services account (55057), for the purpose of meeting direct payments
31 from such account.
32 S 5. Notwithstanding any law to the contrary, upon the direction of
33 the director of the budget and upon requisition by the state university
34 of New York, the dormitory authority of the state of New York is
35 directed to transfer, up to $22,000,000 in revenues generated from the
36 sale of notes or bonds, to the state university of New York for
37 reimbursement of bondable equipment for further transfer to the state's
38 general fund.
39 S 6. Notwithstanding any law to the contrary, and in accordance with
40 section 4 of the state finance law, the comptroller is hereby authorized
41 and directed to transfer, upon request of the director of the budget and
42 upon consultation with the state university chancellor or his or her
43 designee, on or before March 31, 2016, up to $16,000,000 from the state
44 university income fund general revenue account (22653) to the state
45 general fund for debt service costs related to campus supported capital
46 project costs for the NY-SUNY 2020 challenge grant program at the
47 University at Buffalo.
48 S 7. Notwithstanding any law to the contrary, and in accordance with
49 section 4 of the state finance law, the comptroller is hereby authorized
50 and directed to transfer, upon request of the director of the budget and
51 upon consultation with the state university chancellor or his or her
52 designee, on or before March 31, 2016, up to $6,500,000 from the state
53 university income fund general revenue account (22653) to the state
54 general fund for debt service costs related to campus supported capital
55 project costs for the NY-SUNY 2020 challenge grant program at the
56 University at Albany.
S. 2005 58 A. 3005
1 S 8. Notwithstanding any law to the contrary, the state university
2 chancellor or his or her designee is authorized and directed to transfer
3 estimated tuition revenue balances from the state university collection
4 fund (61000) to the state university income fund, state university
5 general revenue offset account (22655) on or before March 31, 2016.
6 S 9. Notwithstanding any law to the contrary, and in accordance with
7 section 4 of the state finance law, the comptroller is hereby authorized
8 and directed to transfer, upon request of the director of the budget, up
9 to $69,264,000 from the general fund to the state university income
10 fund, state university hospitals income reimbursable account (22656)
11 during the period July 1, 2015 through June 30, 2016 to reflect ongoing
12 state subsidy of SUNY hospitals and to pay costs attributable to the
13 SUNY hospitals' state agency status.
14 S 10. Notwithstanding any law to the contrary, and in accordance with
15 section 4 of the state finance law, the comptroller is hereby authorized
16 and directed to transfer, upon request of the director of the budget, up
17 to $987,050,300 from the general fund to the state university income
18 fund, state university general revenue offset account (22655) during the
19 period of July 1, 2015 through June 30, 2016 to support operations at
20 the state university.
21 S 11. Notwithstanding any law to the contrary, and in accordance with
22 section 4 of the state finance law, the comptroller is hereby authorized
23 and directed to transfer, upon request of the director of the budget, up
24 to $3,370,000 from the general fund to the state university income fund,
25 state university general revenue offset account (22655) during the peri-
26 od of April 1, 2015 through June 30, 2015 to support operations at the
27 state university.
28 S 12. Notwithstanding any law to the contrary, and in accordance with
29 section 4 of the state finance law, the comptroller is hereby authorized
30 and directed to transfer, upon request of the state university chancel-
31 lor or his or her designee, up to $55,000,000 from the state university
32 income fund, state university hospitals income reimbursable account
33 (22656), for services and expenses of hospital operations and capital
34 expenditures at the state university hospitals; and the state university
35 income fund, Long Island veterans' home account (22652) to the state
36 university capital projects fund (32400) on or before June 30, 2016.
37 S 13. Notwithstanding any law to the contrary, and in accordance with
38 section 4 of the state finance law, the comptroller, after consultation
39 with the state university chancellor or his or her designee, is hereby
40 authorized and directed to transfer moneys, in the first instance, from
41 the state university collection fund, Stony Brook hospital collection
42 account (61006), Brooklyn hospital collection account (61007), and Syra-
43 cuse hospital collection account (61008) to the state university income
44 fund, state university hospitals income reimbursable account (22656) in
45 the event insufficient funds are available in the state university
46 income fund, state university hospitals income reimbursable account
47 (22656) to permit the full transfer of moneys authorized for transfer,
48 to the general fund for payment of debt service related to the SUNY
49 hospitals. Notwithstanding any law to the contrary, the comptroller is
50 also hereby authorized and directed, after consultation with the state
51 university chancellor or his or her designee, to transfer moneys from
52 the state university income fund to the state university income fund,
53 state university hospitals income reimbursable account (22656) in the
54 event insufficient funds are available in the state university income
55 fund, state university hospitals income reimbursable account (22656) to
56 pay hospital operating costs or to permit the full transfer of moneys
S. 2005 59 A. 3005
1 authorized for transfer, to the general fund for payment of debt service
2 related to the SUNY hospitals on or before March 31, 2016.
3 S 14. Notwithstanding any law to the contrary, upon the direction of
4 the director of the budget and the chancellor of the state university of
5 New York or his or her designee, and in accordance with section 4 of the
6 state finance law, the comptroller is hereby authorized and directed to
7 transfer monies from the state university dormitory income fund (40350)
8 to the state university residence hall rehabilitation fund (30100), and
9 from the state university residence hall rehabilitation fund (30100) to
10 the state university dormitory income fund (40350), in a net amount not
11 to exceed $80 million.
12 S 15. Notwithstanding any law to the contrary, and in accordance with
13 section 4 of the state finance law, the comptroller is hereby authorized
14 and directed to transfer monies, upon request of the director of the
15 budget, on or before March 31, 2016, from and to any of the following
16 accounts: the miscellaneous special revenue fund, patient income account
17 (21909), the miscellaneous special revenue fund, mental hygiene program
18 fund account (21907), the miscellaneous special revenue fund, federal
19 salary sharing account (22056), or the general fund in any combination,
20 the aggregate of which shall not exceed $350 million.
21 S 16. Notwithstanding any law to the contrary, and in accordance with
22 section 4 of the state finance law, the comptroller is hereby authorized
23 and directed to transfer, at the request of the director of the budget,
24 up to $500 million from the unencumbered balance of any special revenue
25 fund or account, agency fund or account, internal service fund or
26 account, enterprise fund or account, or any combination of such funds
27 and accounts, to the general fund. The amounts transferred pursuant to
28 this authorization shall be in addition to any other transfers expressly
29 authorized in the 2015-16 budget. Transfers from federal funds, debt
30 service funds, capital projects funds, the community projects fund, or
31 funds that would result in the loss of eligibility for federal benefits
32 or federal funds pursuant to federal law, rule, or regulation as assent-
33 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
34 1951 are not permitted pursuant to this authorization.
35 S 17. Notwithstanding any law to the contrary, and in accordance with
36 section 4 of the state finance law, the comptroller is hereby authorized
37 and directed to transfer, at the request of the director of the budget,
38 up to $100 million from any non-general fund or account, or combination
39 of funds and accounts, to the miscellaneous special revenue fund, tech-
40 nology financing account (22207) or the miscellaneous capital projects
41 fund, information technology capital financing account (32215), for the
42 purpose of consolidating technology procurement and services. The
43 amounts transferred to the miscellaneous special revenue fund, technolo-
44 gy financing account (22207) pursuant to this authorization shall be
45 equal to or less than the amount of such monies intended to support
46 information technology costs which are attributable, according to a
47 plan, to such account made in pursuance to an appropriation by law.
48 Transfers to the technology financing account shall be completed from
49 amounts collected by non-general funds or accounts pursuant to a fund
50 deposit schedule or permanent statute, and shall be transferred to the
51 technology financing account pursuant to a schedule agreed upon by the
52 affected agency commissioner. Transfers from funds that would result in
53 the loss of eligibility for federal benefits or federal funds pursuant
54 to federal law, rule, or regulation as assented to in chapter 683 of the
55 laws of 1938 and chapter 700 of the laws of 1951 are not permitted
56 pursuant to this authorization.
S. 2005 60 A. 3005
1 S 18. Notwithstanding any law to the contrary, and in accordance with
2 section 4 of the state finance law, the comptroller is hereby authorized
3 and directed to transfer, at the request of the director of the budget,
4 up to $300 million from any non-general fund or account, or combination
5 of funds and accounts, to the general fund for the purpose of consol-
6 idating technology procurement and services. The amounts transferred
7 pursuant to this authorization shall be equal to or less than the amount
8 of such monies intended to support information technology costs which
9 are attributable, according to a plan, to such account made in pursuance
10 to an appropriation by law. Transfers to the general fund shall be
11 completed from amounts collected by non-general funds or accounts pursu-
12 ant to a fund deposit schedule. Transfers from funds that would result
13 in the loss of eligibility for federal benefits or federal funds pursu-
14 ant to federal law, rule, or regulation as assented to in chapter 683 of
15 the laws of 1938 and chapter 700 of the laws of 1951 are not permitted
16 pursuant to this authorization.
17 S 19. Notwithstanding any provision of law to the contrary, as deemed
18 feasible and advisable by its trustees, the power authority of the state
19 of New York is authorized and directed to (i) make a contribution to the
20 state treasury to the credit of the general fund, or as otherwise
21 directed in writing by the director of the budget, in an amount of up to
22 $90,000,000 for the state fiscal year commencing April 1, 2015, the
23 proceeds of which will be utilized to support energy-related initiatives
24 of the state, or for economic development purposes, and (ii) transfer up
25 to $25,000,000 of any such contribution by June 30, 2015 and the remain-
26 der of any such contribution by March 31, 2016. Such economic develop-
27 ment purposes may include, but shall not be limited to, efforts to
28 attract and expand business investment and job creation in New York
29 state through the Open for Business program, provided that in the event
30 any contributed funds are used by a state agency or public authority for
31 the purpose of advertising and promoting the benefits of the START-UP NY
32 program, no more than sixty percent of the contributed funds used for
33 such purpose shall be used for advertising and promotion outside the
34 state of New York.
35 S 20. Notwithstanding any provision of law, rule or regulation to the
36 contrary, the New York State energy research and development authority
37 is authorized and directed to make a contribution to the state treasury
38 to the credit of the general fund in the amount of $36,000,000 from
39 proceeds collected by the authority from the auction or sale of carbon
40 dioxide emission allowances allocated by the department of environmental
41 conservation under the Regional Greenhouse Gas Initiative on or before
42 March 31, 2016.
43 S 21. Subdivision 5 of section 97-rrr of the state finance law, as
44 amended by section 20 of part I of chapter 55 of the laws of 2014, is
45 amended to read as follows:
46 5. Notwithstanding the provisions of section one hundred seventy-one-a
47 of the tax law, as separately amended by chapters four hundred eighty-
48 one and four hundred eighty-four of the laws of nineteen hundred eight-
49 y-one, and notwithstanding the provisions of chapter ninety-four of the
50 laws of two thousand eleven, or any other provisions of law to the
51 contrary, during the fiscal year beginning April first, two thousand
52 [fourteen] FIFTEEN, the state comptroller is hereby authorized and
53 directed to deposit to the fund created pursuant to this section from
54 amounts collected pursuant to article twenty-two of the tax law and
55 pursuant to a schedule submitted by the director of the budget, up to
56 [$3,429,375,000] $3,230,679,000, as may be certified in such schedule as
S. 2005 61 A. 3005
1 necessary to meet the purposes of such fund for the fiscal year begin-
2 ning April first, two thousand [fourteen] FIFTEEN.
3 S 22. The comptroller is authorized and directed to deposit to the
4 general fund-state purposes account reimbursements from moneys appropri-
5 ated or reappropriated to the correctional facilities capital improve-
6 ment fund by a chapter of the laws of 2015. Reimbursements shall be
7 available for spending from appropriations made to the department of
8 corrections and community supervision in the general fund-state purposes
9 accounts by a chapter of the laws of 2015 for costs associated with the
10 administration and security of capital projects and for other costs
11 which are attributable, according to a plan, to such capital projects.
12 S 23. Notwithstanding any other law, rule, or regulation to the
13 contrary, the state comptroller is hereby authorized and directed to use
14 any balance remaining in the mental health services fund debt service
15 appropriation, after payment by the state comptroller of all obligations
16 required pursuant to any lease, sublease, or other financing arrangement
17 between the dormitory authority of the state of New York as successor to
18 the New York state medical care facilities finance agency, and the
19 facilities development corporation pursuant to chapter 83 of the laws of
20 1995 and the department of mental hygiene for the purpose of making
21 payments to the dormitory authority of the state of New York for the
22 amount of the earnings for the investment of monies deposited in the
23 mental health services fund that such agency determines will or may have
24 to be rebated to the federal government pursuant to the provisions of
25 the internal revenue code of 1986, as amended, in order to enable such
26 agency to maintain the exemption from federal income taxation on the
27 interest paid to the holders of such agency's mental services facilities
28 improvement revenue bonds. Annually on or before each June 30th, such
29 agency shall certify to the state comptroller its determination of the
30 amounts received in the mental health services fund as a result of the
31 investment of monies deposited therein that will or may have to be
32 rebated to the federal government pursuant to the provisions of the
33 internal revenue code of 1986, as amended.
34 S 24. Subdivision 8 of section 68-b of the state finance law, as
35 amended by section 44 of part HH of chapter 57 of the laws of 2013, is
36 amended to read as follows:
37 8. Revenue bonds may only be issued for authorized purposes, as
38 defined in section sixty-eight-a of this article. Notwithstanding the
39 foregoing, [the dormitory authority of the state of New York and the
40 urban development corporation] ANY AUTHORIZED ISSUER may issue revenue
41 bonds for any authorized purpose [of any other such authorized issuer
42 through March thirty-first, two thousand fifteen]. The authorized
43 issuers shall not issue any revenue bonds in an amount in excess of
44 statutory authorizations for such authorized purposes. Authorizations
45 for such authorized purposes shall be reduced in an amount equal to the
46 amount of revenue bonds issued for such authorized purposes under this
47 article. Such reduction shall not be made in relation to revenue bonds
48 issued to fund reserve funds, if any, and costs of issuance, if these
49 items are not counted under existing authorizations, nor shall revenue
50 bonds issued to refund bonds issued under existing authorizations reduce
51 the amount of such authorizations.
52 S 25. Subdivision 1 of section 47 of section 1 of chapter 174 of the
53 laws of 1968, constituting the New York state urban development corpo-
54 ration act, as amended by section 28 of part I of chapter 55 of the laws
55 of 2014, is amended to read as follows:
S. 2005 62 A. 3005
1 1. Notwithstanding the provisions of any other law to the contrary,
2 the dormitory authority and the corporation are hereby authorized to
3 issue bonds or notes in one or more series for the purpose of funding
4 project costs for the office of information technology services, depart-
5 ment of law, and other state costs associated with such capital
6 projects. The aggregate principal amount of bonds authorized to be
7 issued pursuant to this section shall not exceed [one] TWO hundred
8 [eighty-two] SIXTY-NINE million [four] ONE hundred forty thousand
9 dollars, excluding bonds issued to fund one or more debt service reserve
10 funds, to pay costs of issuance of such bonds, and bonds or notes issued
11 to refund or otherwise repay such bonds or notes previously issued. Such
12 bonds and notes of the dormitory authority and the corporation shall not
13 be a debt of the state, and the state shall not be liable thereon, nor
14 shall they be payable out of any funds other than those appropriated by
15 the state to the dormitory authority and the corporation for principal,
16 interest, and related expenses pursuant to a service contract and such
17 bonds and notes shall contain on the face thereof a statement to such
18 effect. Except for purposes of complying with the internal revenue code,
19 any interest income earned on bond proceeds shall only be used to pay
20 debt service on such bonds.
21 S 26. Section 1 of chapter 174 of the laws of 1968, constituting the
22 New York state urban development corporation act, is amended by adding a
23 new section 51 to read as follows:
24 S 51. 1. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE
25 CONTRARY, THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION
26 ARE HEREBY AUTHORIZED TO ISSUE BONDS OR NOTES IN ONE OR MORE SERIES FOR
27 THE PURPOSE OF FUNDING PROJECT COSTS FOR THE NONPROFIT INFRASTRUCTURE
28 CAPITAL INVESTMENT PROGRAM AND OTHER STATE COSTS ASSOCIATED WITH SUCH
29 CAPITAL PROJECTS. THE AGGREGATE PRINCIPAL AMOUNT OF BONDS AUTHORIZED TO
30 BE ISSUED PURSUANT TO THIS SECTION SHALL NOT EXCEED FIFTY MILLION
31 DOLLARS, EXCLUDING BONDS ISSUED TO FUND ONE OR MORE DEBT SERVICE RESERVE
32 FUNDS, TO PAY COSTS OF ISSUANCE OF SUCH BONDS, AND BONDS OR NOTES ISSUED
33 TO REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED. SUCH
34 BONDS AND NOTES OF THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT
35 CORPORATION SHALL NOT BE A DEBT OF THE STATE, AND THE STATE SHALL NOT BE
36 LIABLE THEREON, NOR SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN
37 THOSE APPROPRIATED BY THE STATE TO THE DORMITORY AUTHORITY AND THE URBAN
38 DEVELOPMENT CORPORATION FOR PRINCIPAL, INTEREST, AND RELATED EXPENSES
39 PURSUANT TO A SERVICE CONTRACT AND SUCH BONDS AND NOTES SHALL CONTAIN ON
40 THE FACE THEREOF A STATEMENT TO SUCH EFFECT. EXCEPT FOR PURPOSES OF
41 COMPLYING WITH THE INTERNAL REVENUE CODE, ANY INTEREST INCOME EARNED ON
42 BOND PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS.
43 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN
44 ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
45 RATION IN UNDERTAKING THE FINANCING FOR PROJECT COSTS FOR THE NONPROFIT
46 INFRASTRUCTURE CAPITAL INVESTMENT PROGRAM AND OTHER STATE COSTS ASSOCI-
47 ATED WITH SUCH CAPITAL PROJECTS, THE DIRECTOR OF THE BUDGET IS HEREBY
48 AUTHORIZED TO ENTER INTO ONE OR MORE SERVICE CONTRACTS WITH THE DORMITO-
49 RY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION, NONE OF WHICH SHALL
50 EXCEED THIRTY YEARS IN DURATION, UPON SUCH TERMS AND CONDITIONS AS THE
51 DIRECTOR OF THE BUDGET AND THE DORMITORY AUTHORITY AND THE URBAN DEVEL-
52 OPMENT CORPORATION AGREE, SO AS TO ANNUALLY PROVIDE TO THE DORMITORY
53 AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION, IN THE AGGREGATE, A SUM
54 NOT TO EXCEED THE PRINCIPAL, INTEREST, AND RELATED EXPENSES REQUIRED FOR
55 SUCH BONDS AND NOTES. ANY SERVICE CONTRACT ENTERED INTO PURSUANT TO THIS
56 SECTION SHALL PROVIDE THAT THE OBLIGATION OF THE STATE TO PAY THE AMOUNT
S. 2005 63 A. 3005
1 THEREIN PROVIDED SHALL NOT CONSTITUTE A DEBT OF THE STATE WITHIN THE
2 MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED
3 EXECUTORY ONLY TO THE EXTENT OF MONIES AVAILABLE AND THAT NO LIABILITY
4 SHALL BE INCURRED BY THE STATE BEYOND THE MONIES AVAILABLE FOR SUCH
5 PURPOSE, SUBJECT TO ANNUAL APPROPRIATION BY THE LEGISLATURE. ANY SUCH
6 CONTRACT OR ANY PAYMENTS MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED
7 AND PLEDGED BY THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
8 RATION AS SECURITY FOR ITS BONDS AND NOTES, AS AUTHORIZED BY THIS
9 SECTION.
10 S 27. Subdivision 1 of section 16 of part D of chapter 389 of the laws
11 of 1997, relating to the financing of the correctional facilities
12 improvement fund and the youth facility improvement fund, as amended by
13 section 29 of part I of chapter 55 of the laws of 2014, is amended to
14 read as follows:
15 1. Subject to the provisions of chapter 59 of the laws of 2000, but
16 notwithstanding the provisions of section 18 of section 1 of chapter 174
17 of the laws of 1968, the New York state urban development corporation is
18 hereby authorized to issue bonds, notes and other obligations in an
19 aggregate principal amount not to exceed seven billion one hundred
20 [forty-eight] SIXTY-THREE million THREE HUNDRED sixty-nine thousand
21 dollars [$7,148,069,000] $7,163,369,000, and shall include all bonds,
22 notes and other obligations issued pursuant to chapter 56 of the laws of
23 1983, as amended or supplemented. The proceeds of such bonds, notes or
24 other obligations shall be paid to the state, for deposit in the correc-
25 tional facilities capital improvement fund to pay for all or any portion
26 of the amount or amounts paid by the state from appropriations or reap-
27 propriations made to the department of corrections and community super-
28 vision from the correctional facilities capital improvement fund for
29 capital projects. The aggregate amount of bonds, notes or other obli-
30 gations authorized to be issued pursuant to this section shall exclude
31 bonds, notes or other obligations issued to refund or otherwise repay
32 bonds, notes or other obligations theretofore issued, the proceeds of
33 which were paid to the state for all or a portion of the amounts
34 expended by the state from appropriations or reappropriations made to
35 the department of corrections and community supervision; provided,
36 however, that upon any such refunding or repayment the total aggregate
37 principal amount of outstanding bonds, notes or other obligations may be
38 greater than seven billion one hundred [forty-eight] SIXTY-THREE million
39 THREE HUNDRED sixty-nine thousand dollars [$7,148,069,000]
40 $7,163,369,000, only if the present value of the aggregate debt service
41 of the refunding or repayment bonds, notes or other obligations to be
42 issued shall not exceed the present value of the aggregate debt service
43 of the bonds, notes or other obligations so to be refunded or repaid.
44 For the purposes hereof, the present value of the aggregate debt service
45 of the refunding or repayment bonds, notes or other obligations and of
46 the aggregate debt service of the bonds, notes or other obligations so
47 refunded or repaid, shall be calculated by utilizing the effective
48 interest rate of the refunding or repayment bonds, notes or other obli-
49 gations, which shall be that rate arrived at by doubling the semi-annual
50 interest rate (compounded semi-annually) necessary to discount the debt
51 service payments on the refunding or repayment bonds, notes or other
52 obligations from the payment dates thereof to the date of issue of the
53 refunding or repayment bonds, notes or other obligations and to the
54 price bid including estimated accrued interest or proceeds received by
55 the corporation including estimated accrued interest from the sale ther-
56 eof.
S. 2005 64 A. 3005
1 S 28. Paragraph (a) of subdivision 2 of section 47-e of the private
2 housing finance law, as amended by section 30 of part I of chapter 55 of
3 the laws of 2014, is amended to read as follows:
4 (a) Subject to the provisions of chapter fifty-nine of the laws of two
5 thousand, in order to enhance and encourage the promotion of housing
6 programs and thereby achieve the stated purposes and objectives of such
7 housing programs, the agency shall have the power and is hereby author-
8 ized from time to time to issue negotiable housing program bonds and
9 notes in such principal amount as shall be necessary to provide suffi-
10 cient funds for the repayment of amounts disbursed (and not previously
11 reimbursed) pursuant to law or any prior year making capital appropri-
12 ations or reappropriations for the purposes of the housing program;
13 provided, however, that the agency may issue such bonds and notes in an
14 aggregate principal amount not exceeding [two] THREE billion [nine] ONE
15 hundred [ninety-nine] FIFTY-THREE million SEVEN HUNDRED ninety-nine
16 thousand dollars, plus a principal amount of bonds issued to fund the
17 debt service reserve fund in accordance with the debt service reserve
18 fund requirement established by the agency and to fund any other
19 reserves that the agency reasonably deems necessary for the security or
20 marketability of such bonds and to provide for the payment of fees and
21 other charges and expenses, including underwriters' discount, trustee
22 and rating agency fees, bond insurance, credit enhancement and liquidity
23 enhancement related to the issuance of such bonds and notes. No reserve
24 fund securing the housing program bonds shall be entitled or eligible to
25 receive state funds apportioned or appropriated to maintain or restore
26 such reserve fund at or to a particular level, except to the extent of
27 any deficiency resulting directly or indirectly from a failure of the
28 state to appropriate or pay the agreed amount under any of the contracts
29 provided for in subdivision four of this section.
30 S 29. Subdivision (b) of section 11 of chapter 329 of the laws of
31 1991, amending the state finance law and other laws relating to the
32 establishment of the dedicated highway and bridge trust fund, as amended
33 by section 31 of part I of chapter 55 of the laws of 2014, is amended to
34 read as follows:
35 (b) Any service contract or contracts for projects authorized pursuant
36 to sections 10-c, 10-f, 10-g and 80-b of the highway law and section
37 14-k of the transportation law, and entered into pursuant to subdivision
38 (a) of this section, shall provide for state commitments to provide
39 annually to the thruway authority a sum or sums, upon such terms and
40 conditions as shall be deemed appropriate by the director of the budget,
41 to fund, or fund the debt service requirements of any bonds or any obli-
42 gations of the thruway authority issued to fund or to reimburse the
43 state for funding such projects having a cost not in excess of
44 [$8,120,728,000] $8,608,881,000 cumulatively by the end of fiscal year
45 [2014-15] 2015-16.
46 S 30. Subdivision 1 of section 1689-i of the public authorities law,
47 as amended by section 32 of part I of chapter 55 of the laws of 2014, is
48 amended to read as follows:
49 1. The dormitory authority is authorized to issue bonds, at the
50 request of the commissioner of education, to finance eligible library
51 construction projects pursuant to section two hundred seventy-three-a of
52 the education law, in amounts certified by such commissioner not to
53 exceed a total principal amount of [one hundred twenty-six] ONE HUNDRED
54 FORTY million dollars.
55 S 31. Subdivision (a) of section 27 of part Y of chapter 61 of the
56 laws of 2005, providing for the administration of certain funds and
S. 2005 65 A. 3005
1 accounts related to the 2005-2006 budget, as amended by section 33 of
2 part I of chapter 55 of the laws of 2014, is amended to read as follows:
3 (a) Subject to the provisions of chapter 59 of the laws of 2000, but
4 notwithstanding any provisions of law to the contrary, the urban devel-
5 opment corporation is hereby authorized to issue bonds or notes in one
6 or more series in an aggregate principal amount not to exceed
7 [$149,600,000] $155,600,000, excluding bonds issued to finance one or
8 more debt service reserve funds, to pay costs of issuance of such bonds,
9 and bonds or notes issued to refund or otherwise repay such bonds or
10 notes previously issued, for the purpose of financing capital projects
11 including IT initiatives for the division of state police, debt service
12 and leases; and to reimburse the state general fund for disbursements
13 made therefor. Such bonds and notes of such authorized issuer shall not
14 be a debt of the state, and the state shall not be liable thereon, nor
15 shall they be payable out of any funds other than those appropriated by
16 the state to such authorized issuer for debt service and related
17 expenses pursuant to any service contract executed pursuant to subdivi-
18 sion (b) of this section and such bonds and notes shall contain on the
19 face thereof a statement to such effect. Except for purposes of comply-
20 ing with the internal revenue code, any interest income earned on bond
21 proceeds shall only be used to pay debt service on such bonds.
22 S 32. Section 44 of section 1 of chapter 174 of the laws of 1968,
23 constituting the New York state urban development corporation act, as
24 amended by section 34 of part I of chapter 55 of the laws of 2014, is
25 amended to read as follows:
26 S 44. Issuance of certain bonds or notes. 1. Notwithstanding the
27 provisions of any other law to the contrary, the dormitory authority and
28 the corporation are hereby authorized to issue bonds or notes in one or
29 more series for the purpose of funding project costs for the regional
30 economic development council initiative, the economic transformation
31 program, state university of New York college for nanoscale and science
32 engineering, projects within the city of Buffalo or surrounding envi-
33 rons, the New York works economic development fund, projects for the
34 retention of professional football in western New York, the empire state
35 economic development fund, the clarkson-trudeau partnership, the New
36 York genome center, the cornell university college of veterinary medi-
37 cine, the olympic regional development authority, a project at nano
38 Utica, onondaga county revitalization projects, BINGHAMTON UNIVERSITY
39 SCHOOL OF PHARMACY, NEW YORK POWER ELECTRONICS MANUFACTURING CONSORTIUM,
40 and other state costs associated with such projects. The aggregate prin-
41 cipal amount of bonds authorized to be issued pursuant to this section
42 shall not exceed two billion [two] FOUR hundred [three] EIGHTY-EIGHT
43 million two hundred fifty-seven thousand dollars, excluding bonds issued
44 to fund one or more debt service reserve funds, to pay costs of issuance
45 of such bonds, and bonds or notes issued to refund or otherwise repay
46 such bonds or notes previously issued. Such bonds and notes of the
47 dormitory authority and the corporation shall not be a debt of the
48 state, and the state shall not be liable thereon, nor shall they be
49 payable out of any funds other than those appropriated by the state to
50 the dormitory authority and the corporation for principal, interest, and
51 related expenses pursuant to a service contract and such bonds and notes
52 shall contain on the face thereof a statement to such effect. Except for
53 purposes of complying with the internal revenue code, any interest
54 income earned on bond proceeds shall only be used to pay debt service on
55 such bonds.
S. 2005 66 A. 3005
1 2. Notwithstanding any other provision of law to the contrary, in
2 order to assist the dormitory authority and the corporation in undertak-
3 ing the financing for project costs for the regional economic develop-
4 ment council initiative, the economic transformation program, state
5 university of New York college for nanoscale and science engineering,
6 projects within the city of Buffalo or surrounding environs, the New
7 York works economic development fund, projects for the retention of
8 professional football in western New York, the empire state economic
9 development fund, the clarkson-trudeau partnership, the New York genome
10 center, the cornell university college of veterinary medicine, the olym-
11 pic regional development authority, a project at nano Utica, onondaga
12 county revitalization projects, BINGHAMTON UNIVERSITY SCHOOL OF PHARMA-
13 CY, NEW YORK POWER ELECTRONICS MANUFACTURING CONSORTIUM, and other state
14 costs associated with such projects, the director of the budget is here-
15 by authorized to enter into one or more service contracts with the
16 dormitory authority and the corporation, none of which shall exceed
17 thirty years in duration, upon such terms and conditions as the director
18 of the budget and the dormitory authority and the corporation agree, so
19 as to annually provide to the dormitory authority and the corporation,
20 in the aggregate, a sum not to exceed the principal, interest, and
21 related expenses required for such bonds and notes. Any service contract
22 entered into pursuant to this section shall provide that the obligation
23 of the state to pay the amount therein provided shall not constitute a
24 debt of the state within the meaning of any constitutional or statutory
25 provision and shall be deemed executory only to the extent of monies
26 available and that no liability shall be incurred by the state beyond
27 the monies available for such purpose, subject to annual appropriation
28 by the legislature. Any such contract or any payments made or to be made
29 thereunder may be assigned and pledged by the dormitory authority and
30 the corporation as security for its bonds and notes, as authorized by
31 this section.
32 S 33. Subdivision 3 of section 1285-p of the public authorities law,
33 as amended by section 35 of part I of chapter 55 of the laws of 2014, is
34 amended to read as follows:
35 3. The maximum amount of bonds that may be issued for the purpose of
36 financing environmental infrastructure projects authorized by this
37 section shall be one billion [three] FIVE hundred [ninety-eight] SEVEN-
38 TY-FIVE million [two] SEVEN hundred sixty thousand dollars, exclusive of
39 bonds issued to fund any debt service reserve funds, pay costs of issu-
40 ance of such bonds, and bonds or notes issued to refund or otherwise
41 repay bonds or notes previously issued. Such bonds and notes of the
42 corporation shall not be a debt of the state, and the state shall not be
43 liable thereon, nor shall they be payable out of any funds other than
44 those appropriated by the state to the corporation for debt service and
45 related expenses pursuant to any service contracts executed pursuant to
46 subdivision one of this section, and such bonds and notes shall contain
47 on the face thereof a statement to such effect.
48 S 34. Subdivision 1 of section 45 of section 1 of chapter 174 of the
49 laws of 1968, constituting the New York state urban development corpo-
50 ration act, as amended by section 37 of part I of chapter 55 of the laws
51 of 2014, is amended to read as follows:
52 1. Notwithstanding the provisions of any other law to the contrary,
53 the urban development corporation of the state of New York is hereby
54 authorized to issue bonds or notes in one or more series for the purpose
55 of funding project costs for the implementation of a NY-SUNY and NY-CUNY
56 2020 challenge grant program subject to the approval of a NY-SUNY and
S. 2005 67 A. 3005
1 NY-CUNY 2020 plan or plans by the governor and either the chancellor of
2 the state university of New York or the chancellor of the city universi-
3 ty of New York, as applicable. The aggregate principal amount of bonds
4 authorized to be issued pursuant to this section shall not exceed
5 [$330,000,000] $440,000,000, excluding bonds issued to fund one or more
6 debt service reserve funds, to pay costs of issuance of such bonds, and
7 bonds or notes issued to refund or otherwise repay such bonds or notes
8 previously issued. Such bonds and notes of the corporation shall not be
9 a debt of the state, and the state shall not be liable thereon, nor
10 shall they be payable out of any funds other than those appropriated by
11 the state to the corporation for principal, interest, and related
12 expenses pursuant to a service contract and such bonds and notes shall
13 contain on the face thereof a statement to such effect. Except for
14 purposes of complying with the internal revenue code, any interest
15 income earned on bond proceeds shall only be used to pay debt service on
16 such bonds.
17 S 35. Subdivision (a) of section 48 of part K of chapter 81 of the
18 laws of 2002, providing for the administration of certain funds and
19 accounts related to the 2002-2003 budget, as amended by section 38 of
20 part I of chapter 55 of the laws of 2014, is amended to read as follows:
21 (a) Subject to the provisions of chapter 59 of the laws of 2000 but
22 notwithstanding the provisions of section 18 of the urban development
23 corporation act, the corporation is hereby authorized to issue bonds or
24 notes in one or more series in an aggregate principal amount not to
25 exceed $197,000,000 excluding bonds issued to fund one or more debt
26 service reserve funds, to pay costs of issuance of such bonds, and bonds
27 or notes issued to refund or otherwise repay such bonds or notes previ-
28 ously issued, for the purpose of financing capital costs related to
29 homeland security and training facilities for the division of state
30 police, the division of military and naval affairs, and any other state
31 agency, including the reimbursement of any disbursements made from the
32 state capital projects fund, and is hereby authorized to issue bonds or
33 notes in one or more series in an aggregate principal amount not to
34 exceed [$317,800,000] $469,800,000, excluding bonds issued to fund one
35 or more debt service reserve funds, to pay costs of issuance of such
36 bonds, and bonds or notes issued to refund or otherwise repay such bonds
37 or notes previously issued, for the purpose of financing improvements to
38 State office buildings and other facilities located statewide, including
39 the reimbursement of any disbursements made from the state capital
40 projects fund. Such bonds and notes of the corporation shall not be a
41 debt of the state, and the state shall not be liable thereon, nor shall
42 they be payable out of any funds other than those appropriated by the
43 state to the corporation for debt service and related expenses pursuant
44 to any service contracts executed pursuant to subdivision (b) of this
45 section, and such bonds and notes shall contain on the face thereof a
46 statement to such effect.
47 S 36. Subdivision 1 of section 386-b of the public authorities law, as
48 amended by section 39 of part I of chapter 55 of the laws of 2014, is
49 amended to read as follows:
50 1. Notwithstanding any other provision of law to the contrary, the
51 authority, the dormitory authority and the urban development corporation
52 are hereby authorized to issue bonds or notes in one or more series for
53 the purpose of financing peace bridge projects and capital costs of
54 state and local highways, parkways, bridges, the New York state thruway,
55 Indian reservation roads, and facilities, and transportation infrastruc-
56 ture projects including aviation projects, non-MTA mass transit
S. 2005 68 A. 3005
1 projects, and rail service preservation projects, including work appur-
2 tenant and ancillary thereto. The aggregate principal amount of bonds
3 authorized to be issued pursuant to this section shall not exceed ONE
4 BILLION four hundred [sixty-five] FORTY million dollars [($465,000,000)]
5 $1,440,000,000, excluding bonds issued to fund one or more debt service
6 reserve funds, to pay costs of issuance of such bonds, and to refund or
7 otherwise repay such bonds or notes previously issued. Such bonds and
8 notes of the authority, the dormitory authority and the urban develop-
9 ment corporation shall not be a debt of the state, and the state shall
10 not be liable thereon, nor shall they be payable out of any funds other
11 than those appropriated by the state to the authority, the dormitory
12 authority and the urban development corporation for principal, interest,
13 and related expenses pursuant to a service contract and such bonds and
14 notes shall contain on the face thereof a statement to such effect.
15 Except for purposes of complying with the internal revenue code, any
16 interest income earned on bond proceeds shall only be used to pay debt
17 service on such bonds.
18 S 37. Paragraph (c) of subdivision 19 of section 1680 of the public
19 authorities law, as amended by section 40 of part I of chapter 55 of the
20 laws of 2014, is amended to read as follows:
21 (c) Subject to the provisions of chapter fifty-nine of the laws of two
22 thousand, the dormitory authority shall not issue any bonds for state
23 university educational facilities purposes if the principal amount of
24 bonds to be issued when added to the aggregate principal amount of bonds
25 issued by the dormitory authority on and after July first, nineteen
26 hundred eighty-eight for state university educational facilities will
27 exceed [ten] ELEVEN billion [nine] TWO hundred [eighty-four]
28 TWENTY-EIGHT million dollars; provided, however, that bonds issued or to
29 be issued shall be excluded from such limitation if: (1) such bonds are
30 issued to refund state university construction bonds and state universi-
31 ty construction notes previously issued by the housing finance agency;
32 or (2) such bonds are issued to refund bonds of the authority or other
33 obligations issued for state university educational facilities purposes
34 and the present value of the aggregate debt service on the refunding
35 bonds does not exceed the present value of the aggregate debt service on
36 the bonds refunded thereby; provided, further that upon certification by
37 the director of the budget that the issuance of refunding bonds or other
38 obligations issued between April first, nineteen hundred ninety-two and
39 March thirty-first, nineteen hundred ninety-three will generate long
40 term economic benefits to the state, as assessed on a present value
41 basis, such issuance will be deemed to have met the present value test
42 noted above. For purposes of this subdivision, the present value of the
43 aggregate debt service of the refunding bonds and the aggregate debt
44 service of the bonds refunded, shall be calculated by utilizing the true
45 interest cost of the refunding bonds, which shall be that rate arrived
46 at by doubling the semi-annual interest rate (compounded semi-annually)
47 necessary to discount the debt service payments on the refunding bonds
48 from the payment dates thereof to the date of issue of the refunding
49 bonds to the purchase price of the refunding bonds, including interest
50 accrued thereon prior to the issuance thereof. The maturity of such
51 bonds, other than bonds issued to refund outstanding bonds, shall not
52 exceed the weighted average economic life, as certified by the state
53 university construction fund, of the facilities in connection with which
54 the bonds are issued, and in any case not later than the earlier of
55 thirty years or the expiration of the term of any lease, sublease or
56 other agreement relating thereto; provided that no note, including
S. 2005 69 A. 3005
1 renewals thereof, shall mature later than five years after the date of
2 issuance of such note. The legislature reserves the right to amend or
3 repeal such limit, and the state of New York, the dormitory authority,
4 the state university of New York, and the state university construction
5 fund are prohibited from covenanting or making any other agreements with
6 or for the benefit of bondholders which might in any way affect such
7 right.
8 S 38. Paragraph (c) of subdivision 14 of section 1680 of the public
9 authorities law, as amended by section 41 of part I of chapter 55 of the
10 laws of 2014, is amended to read as follows:
11 (c) Subject to the provisions of chapter fifty-nine of the laws of two
12 thousand, (i) the dormitory authority shall not deliver a series of
13 bonds for city university community college facilities, except to refund
14 or to be substituted for or in lieu of other bonds in relation to city
15 university community college facilities pursuant to a resolution of the
16 dormitory authority adopted before July first, nineteen hundred eighty-
17 five or any resolution supplemental thereto, if the principal amount of
18 bonds so to be issued when added to all principal amounts of bonds
19 previously issued by the dormitory authority for city university commu-
20 nity college facilities, except to refund or to be substituted in lieu
21 of other bonds in relation to city university community college facili-
22 ties will exceed the sum of four hundred twenty-five million dollars and
23 (ii) the dormitory authority shall not deliver a series of bonds issued
24 for city university facilities, including community college facilities,
25 pursuant to a resolution of the dormitory authority adopted on or after
26 July first, nineteen hundred eighty-five, except to refund or to be
27 substituted for or in lieu of other bonds in relation to city university
28 facilities and except for bonds issued pursuant to a resolution supple-
29 mental to a resolution of the dormitory authority adopted prior to July
30 first, nineteen hundred eighty-five, if the principal amount of bonds so
31 to be issued when added to the principal amount of bonds previously
32 issued pursuant to any such resolution, except bonds issued to refund or
33 to be substituted for or in lieu of other bonds in relation to city
34 university facilities, will exceed seven billion [two] THREE hundred
35 [seventy-three] NINETY-TWO million [three] SEVEN hundred [thirty-one]
36 FIFTY-THREE thousand dollars. The legislature reserves the right to
37 amend or repeal such limit, and the state of New York, the dormitory
38 authority, the city university, and the fund are prohibited from coven-
39 anting or making any other agreements with or for the benefit of bond-
40 holders which might in any way affect such right.
41 S 39. Subdivision 10-a of section 1680 of the public authorities law,
42 as amended by section 42 of part I of chapter 55 of the laws of 2014, is
43 amended to read as follows:
44 10-a. Subject to the provisions of chapter fifty-nine of the laws of
45 two thousand, but notwithstanding any other provision of the law to the
46 contrary, the maximum amount of bonds and notes to be issued after March
47 thirty-first, two thousand two, on behalf of the state, in relation to
48 any locally sponsored community college, shall be [seven] EIGHT hundred
49 [seventy-six] THIRTY-EIGHT million [three] FOUR hundred [five]
50 FIFTY-EIGHT thousand dollars. Such amount shall be exclusive of bonds
51 and notes issued to fund any reserve fund or funds, costs of issuance
52 and to refund any outstanding bonds and notes, issued on behalf of the
53 state, relating to a locally sponsored community college.
54 S 40. Section 1680-r of the public authorities law, as added by
55 section 43 of part I of chapter 55 of the laws of 2014, is amended to
56 read as follows:
S. 2005 70 A. 3005
1 S 1680-r. Authorization for the issuance of bonds for the capital
2 restructuring financing program AND THE HEALTH CARE FACILITY TRANSFORMA-
3 TION PROGRAM. 1. Notwithstanding the provisions of any other law to the
4 contrary, the dormitory authority and the urban development corporation
5 are hereby authorized to issue bonds or notes in one or more series for
6 the purpose of funding project costs for the capital restructuring
7 financing program for health care and related facilities licensed pursu-
8 ant to the public health law or the mental hygiene law and other state
9 costs associated with such capital projects AND THE HEALTH CARE FACILITY
10 TRANSFORMATION PROGRAM. The aggregate principal amount of bonds author-
11 ized to be issued pursuant to this section shall not exceed [one] TWO
12 billion two hundred million dollars, excluding bonds issued to fund one
13 or more debt service reserve funds, to pay costs of issuance of such
14 bonds, and bonds or notes issued to refund or otherwise repay such bonds
15 or notes previously issued. Such bonds and notes of the dormitory
16 authority and the urban development corporation shall not be a debt of
17 the state, and the state shall not be liable thereon, nor shall they be
18 payable out of any funds other than those appropriated by the state to
19 the dormitory authority and the urban development corporation for prin-
20 cipal, interest, and related expenses pursuant to a service contract and
21 such bonds and notes shall contain on the face thereof a statement to
22 such effect. Except for purposes of complying with the internal revenue
23 code, any interest income earned on bond proceeds shall only be used to
24 pay debt service on such bonds.
25 2. Notwithstanding any other provision of law to the contrary, in
26 order to assist the dormitory authority and the urban development corpo-
27 ration in undertaking the financing for project costs for the capital
28 restructuring financing program for health care and related facilities
29 licensed pursuant to the public health law or the mental hygiene law and
30 other state costs associated with such capital projects AND THE HEALTH
31 CARE FACILITY TRANSFORMATION PROGRAM, the director of the budget is
32 hereby authorized to enter into one or more service contracts with the
33 dormitory authority and the urban development corporation, none of which
34 shall exceed thirty years in duration, upon such terms and conditions as
35 the director of the budget and the dormitory authority and the urban
36 development corporation agree, so as to annually provide to the dormito-
37 ry authority and the urban development corporation, in the aggregate, a
38 sum not to exceed the principal, interest, and related expenses required
39 for such bonds and notes. Any service contract entered into pursuant to
40 this section shall provide that the obligation of the state to pay the
41 amount therein provided shall not constitute a debt of the state within
42 the meaning of any constitutional or statutory provision and shall be
43 deemed executory only to the extent of monies available and that no
44 liability shall be incurred by the state beyond the monies available for
45 such purpose, subject to annual appropriation by the legislature. Any
46 such contract or any payments made or to be made thereunder may be
47 assigned and pledged by the dormitory authority and the urban develop-
48 ment corporation as security for its bonds and notes, as authorized by
49 this section.
50 S 41. Subdivision 1 of section 17 of part D of chapter 389 of the laws
51 of 1997, relating to the financing of the correctional facilities
52 improvement fund and the youth facility improvement fund, as amended by
53 section 44 of part I of chapter 55 of the laws of 2014, is amended to
54 read as follows:
55 1. Subject to the provisions of chapter 59 of the laws of 2000, but
56 notwithstanding the provisions of section 18 of section 1 of chapter 174
S. 2005 71 A. 3005
1 of the laws of 1968, the New York state urban development corporation is
2 hereby authorized to issue bonds, notes and other obligations in an
3 aggregate principal amount not to exceed [four] SIX hundred [sixty-five]
4 ELEVEN million [three] TWO hundred [sixty-five] FIFTEEN thousand dollars
5 [($465,365,000)] ($611,215,000), which authorization increases the
6 aggregate principal amount of bonds, notes and other obligations author-
7 ized by section 40 of chapter 309 of the laws of 1996, and shall include
8 all bonds, notes and other obligations issued pursuant to chapter 211 of
9 the laws of 1990, as amended or supplemented. The proceeds of such
10 bonds, notes or other obligations shall be paid to the state, for depos-
11 it in the youth facilities improvement fund, to pay for all or any
12 portion of the amount or amounts paid by the state from appropriations
13 or reappropriations made to the office of children and family services
14 from the youth facilities improvement fund for capital projects. The
15 aggregate amount of bonds, notes and other obligations authorized to be
16 issued pursuant to this section shall exclude bonds, notes or other
17 obligations issued to refund or otherwise repay bonds, notes or other
18 obligations theretofore issued, the proceeds of which were paid to the
19 state for all or a portion of the amounts expended by the state from
20 appropriations or reappropriations made to the office of children and
21 family services; provided, however, that upon any such refunding or
22 repayment the total aggregate principal amount of outstanding bonds,
23 notes or other obligations may be greater than [four] SIX hundred
24 [sixty-five] ELEVEN million [three] TWO hundred [sixty-five] FIFTEEN
25 thousand dollars [($465,365,000)] ($611,215,000), only if the present
26 value of the aggregate debt service of the refunding or repayment bonds,
27 notes or other obligations to be issued shall not exceed the present
28 value of the aggregate debt service of the bonds, notes or other obli-
29 gations so to be refunded or repaid. For the purposes hereof, the pres-
30 ent value of the aggregate debt service of the refunding or repayment
31 bonds, notes or other obligations and of the aggregate debt service of
32 the bonds, notes or other obligations so refunded or repaid, shall be
33 calculated by utilizing the effective interest rate of the refunding or
34 repayment bonds, notes or other obligations, which shall be that rate
35 arrived at by doubling the semi-annual interest rate (compounded semi-
36 annually) necessary to discount the debt service payments on the refund-
37 ing or repayment bonds, notes or other obligations from the payment
38 dates thereof to the date of issue of the refunding or repayment bonds,
39 notes or other obligations and to the price bid including estimated
40 accrued interest or proceeds received by the corporation including esti-
41 mated accrued interest from the sale thereof.
42 S 42. Paragraph b of subdivision 2 of section 9-a of section 1 of
43 chapter 392 of the laws of 1973, constituting the New York state medical
44 care facilities finance agency act, as amended by section 46 of part I
45 of chapter 55 of the laws of 2014, is amended to read as follows:
46 b. The agency shall have power and is hereby authorized from time to
47 time to issue negotiable bonds and notes in conformity with applicable
48 provisions of the uniform commercial code in such principal amount as,
49 in the opinion of the agency, shall be necessary, after taking into
50 account other moneys which may be available for the purpose, to provide
51 sufficient funds to the facilities development corporation, or any
52 successor agency, for the financing or refinancing of or for the design,
53 construction, acquisition, reconstruction, rehabilitation or improvement
54 of mental health services facilities pursuant to paragraph a of this
55 subdivision, the payment of interest on mental health services improve-
56 ment bonds and mental health services improvement notes issued for such
S. 2005 72 A. 3005
1 purposes, the establishment of reserves to secure such bonds and notes,
2 the cost or premium of bond insurance or the costs of any financial
3 mechanisms which may be used to reduce the debt service that would be
4 payable by the agency on its mental health services facilities improve-
5 ment bonds and notes and all other expenditures of the agency incident
6 to and necessary or convenient to providing the facilities development
7 corporation, or any successor agency, with funds for the financing or
8 refinancing of or for any such design, construction, acquisition, recon-
9 struction, rehabilitation or improvement and for the refunding of mental
10 hygiene improvement bonds issued pursuant to section 47-b of the private
11 housing finance law; provided, however, that the agency shall not issue
12 mental health services facilities improvement bonds and mental health
13 services facilities improvement notes in an aggregate principal amount
14 exceeding seven billion [four] SEVEN hundred [thirty-five] TWENTY-TWO
15 million eight hundred fifteen thousand dollars, excluding mental health
16 services facilities improvement bonds and mental health services facili-
17 ties improvement notes issued to refund outstanding mental health
18 services facilities improvement bonds and mental health services facili-
19 ties improvement notes; provided, however, that upon any such refunding
20 or repayment of mental health services facilities improvement bonds
21 and/or mental health services facilities improvement notes the total
22 aggregate principal amount of outstanding mental health services facili-
23 ties improvement bonds and mental health facilities improvement notes
24 may be greater than seven billion [four] SEVEN hundred [thirty-five]
25 TWENTY-TWO million eight hundred fifteen thousand dollars only if,
26 except as hereinafter provided with respect to mental health services
27 facilities bonds and mental health services facilities notes issued to
28 refund mental hygiene improvement bonds authorized to be issued pursuant
29 to the provisions of section 47-b of the private housing finance law,
30 the present value of the aggregate debt service of the refunding or
31 repayment bonds to be issued shall not exceed the present value of the
32 aggregate debt service of the bonds to be refunded or repaid. For
33 purposes hereof, the present values of the aggregate debt service of the
34 refunding or repayment bonds, notes or other obligations and of the
35 aggregate debt service of the bonds, notes or other obligations so
36 refunded or repaid, shall be calculated by utilizing the effective
37 interest rate of the refunding or repayment bonds, notes or other obli-
38 gations, which shall be that rate arrived at by doubling the semi-annual
39 interest rate (compounded semi-annually) necessary to discount the debt
40 service payments on the refunding or repayment bonds, notes or other
41 obligations from the payment dates thereof to the date of issue of the
42 refunding or repayment bonds, notes or other obligations and to the
43 price bid including estimated accrued interest or proceeds received by
44 the authority including estimated accrued interest from the sale there-
45 of. Such bonds, other than bonds issued to refund outstanding bonds,
46 shall be scheduled to mature over a term not to exceed the average
47 useful life, as certified by the facilities development corporation, of
48 the projects for which the bonds are issued, and in any case shall not
49 exceed thirty years and the maximum maturity of notes or any renewals
50 thereof shall not exceed five years from the date of the original issue
51 of such notes. Notwithstanding the provisions of this section, the agen-
52 cy shall have the power and is hereby authorized to issue mental health
53 services facilities improvement bonds and/or mental health services
54 facilities improvement notes to refund outstanding mental hygiene
55 improvement bonds authorized to be issued pursuant to the provisions of
56 section 47-b of the private housing finance law and the amount of bonds
S. 2005 73 A. 3005
1 issued or outstanding for such purposes shall not be included for
2 purposes of determining the amount of bonds issued pursuant to this
3 section. The director of the budget shall allocate the aggregate princi-
4 pal authorized to be issued by the agency among the office of mental
5 health, office for people with developmental disabilities, and the
6 office of alcoholism and substance abuse services, in consultation with
7 their respective commissioners to finance bondable appropriations previ-
8 ously approved by the legislature.
9 S 43. Paragraph (b) of subdivision 3 of section 1 and clause (B) of
10 subparagraph (iii) of paragraph (j) of subdivision 4 of section 1 of
11 part D of chapter 63 of the laws of 2005 relating to the composition and
12 responsibilities of the New York state higher education capital matching
13 grant board, as amended by section 46-c of part I of chapter 55 of the
14 laws of 2014, is amended to read as follows:
15 (b) Within amounts appropriated therefor, the board is hereby author-
16 ized and directed to award matching capital grants totaling [180] 210
17 million dollars. Each college shall be eligible for a grant award amount
18 as determined by the calculations pursuant to subdivision five of this
19 section. In addition, such colleges shall be eligible to compete for
20 additional funds pursuant to paragraph (h) of subdivision four of this
21 section.
22 (B) The dormitory authority shall not issue any bonds or notes in an
23 amount in excess of [180] 210 million dollars for the purposes of this
24 section; excluding bonds or notes issued to fund one or more debt
25 service reserve funds, to pay costs of issuance of such bonds, and bonds
26 or notes issued to refund or otherwise repay such bonds or notes previ-
27 ously issued. Except for purposes of complying with the internal revenue
28 code, any interest on bond proceeds shall only be used to pay debt
29 service on such bonds.
30 S 44. Section 3 of part B of chapter 56 of the laws of 2014, consti-
31 tuting the smart schools bond act of 2014, is amended to read as
32 follows:
33 S 3. Bonds of the state. (A) The state comptroller is hereby author-
34 ized and empowered to issue and sell bonds of the state up to the aggre-
35 gate amount of two billion dollars ($2,000,000,000) for the purposes of
36 this act, subject to the provisions of article five of the state finance
37 law. The aggregate principal amount of such bonds shall not exceed two
38 billion dollars ($2,000,000,000) excluding bonds issued to refund or
39 otherwise repay bonds heretofore issued for such purpose; provided,
40 however, that upon any such refunding or repayment, the total aggregate
41 principal amount of outstanding bonds may be greater than two billion
42 dollars ($2,000,000,000) only if the present value of the aggregate debt
43 service of the refunding or repayment bonds to be issued shall not
44 exceed the present value of the aggregate debt service of the bonds to
45 be refunded or repaid. The method for calculating present value shall be
46 determined by law.
47 (B) NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION OF LAW TO THE
48 CONTRARY THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION
49 MAY ALSO ISSUE BONDS PURSUANT TO ARTICLE 5-C AND ARTICLE 5-F OF THE
50 STATE FINANCE LAW TO FINANCE SUCH SMART SCHOOLS BOND ACT PURPOSES. ANY
51 BONDS ISSUED PURSUANT TO THIS AUTHORIZATION SHALL BE SUBJECT TO THE SAME
52 AGGREGATE PRINCIPAL LIMITATION CONTAINED IN PARAGRAPH (A) OF THIS
53 SECTION, INCLUDING BONDS OF THE STATE ISSUED BY THE STATE COMPTROLLER,
54 AND ARE OTHERWISE SUBJECT TO ANY AND ALL OF THE PROVISIONS APPLICABLE BY
55 ARTICLE 5-C AND ARTICLE 5-F OF THE STATE FINANCE LAW.
S. 2005 74 A. 3005
1 S 45. Subdivisions 1 and 3 of section 1285-q of the public authorities
2 law, as added by section 6 of part I of chapter 1 of the laws of 2003,
3 are amended to read as follows:
4 1. Subject to chapter fifty-nine of the laws of two thousand, but
5 notwithstanding any other provisions of law to the contrary, in order to
6 assist the corporation in undertaking the administration and the financ-
7 ing of hazardous waste site remediation projects for payment of the
8 state's share of the costs of the remediation of hazardous waste sites,
9 in accordance with title thirteen of article twenty-seven of the envi-
10 ronmental conservation law and section ninety-seven-b of the state
11 finance law, and for payment of state costs associated with the remedi-
12 ation of offsite contamination at significant threat sites as provided
13 in section 27-1411 of the environmental conservation law, AND BEGINNING
14 IN STATE FISCAL YEAR TWO THOUSAND FIFTEEN - TWO THOUSAND SIXTEEN FOR
15 ENVIRONMENTAL RESTORATION PROJECTS PURSUANT TO TITLE FIVE OF ARTICLE
16 FIFTY-SIX OF THE ENVIRONMENTAL CONSERVATION LAW pursuant to capital
17 appropriations made to the department of environmental conservation, the
18 director of the division of budget and the corporation are each author-
19 ized to enter into one or more service contracts, none of which shall
20 exceed twenty years in duration, upon such terms and conditions as the
21 director and the corporation may agree, so as to annually provide to the
22 corporation in the aggregate, a sum not to exceed the annual debt
23 service payments and related expenses required for any bonds and notes
24 authorized pursuant to section twelve hundred ninety of this title. Any
25 service contract entered into pursuant to this section shall provide
26 that the obligation of the state to fund or to pay the amounts therein
27 provided for shall not constitute a debt of the state within the meaning
28 of any constitutional or statutory provision and shall be deemed execu-
29 tory only to the extent of moneys available for such purposes, subject
30 to annual appropriation by the legislature. Any such service contract or
31 any payments made or to be made thereunder may be assigned and pledged
32 by the corporation as security for its bonds and notes, as authorized
33 pursuant to section twelve hundred ninety of this title.
34 3. The maximum amount of bonds that may be issued for the purpose of
35 financing hazardous waste site remediation projects AND ENVIRONMENTAL
36 RESTORATION PROJECTS authorized by this section shall not exceed one
37 billion [two] THREE hundred million dollars and shall not exceed one
38 hundred twenty million dollars for appropriations enacted for any state
39 fiscal year, provided that the bonds not issued for such appropriations
40 may be issued pursuant to reappropriation in subsequent fiscal years.
41 [No bonds shall be issued for the repayment of any new appropriation
42 enacted after March thirty-first, two thousand thirteen for hazardous
43 waste site remediation projects authorized by this section.] Amounts
44 authorized to be issued by this section shall be exclusive of bonds
45 issued to fund any debt service reserve funds, pay costs of issuance of
46 such bonds, and bonds or notes issued to refund or otherwise repay bonds
47 or notes previously issued. Such bonds and notes of the corporation
48 shall not be a debt of the state, and the state shall not be liable
49 thereon, nor shall they be payable out of any funds other than those
50 appropriated by this state to the corporation for debt service and
51 related expenses pursuant to any service contracts executed pursuant to
52 subdivision one of this section, and such bonds and notes shall contain
53 on the face thereof a statement to such effect.
54 S 46. Subdivision 1 of section 386-a of the public authorities law, as
55 added by section 46 of part U of chapter 59 of the laws of 2012, is
56 amended to read as follows:
S. 2005 75 A. 3005
1 1. Notwithstanding any other provision of law to the contrary, the
2 authority, the dormitory authority and the urban development corporation
3 are hereby authorized to issue bonds or notes in one or more series for
4 the purpose of assisting the metropolitan transportation authority in
5 the financing of transportation facilities as defined in subdivision
6 seventeen of section twelve hundred sixty-one of this chapter. The
7 aggregate principal amount of bonds authorized to be issued pursuant to
8 this section shall not exceed ONE BILLION [seven] FIVE hundred [seventy]
9 TWENTY million dollars [($770,000,000)] ($1,520,000,000), excluding
10 bonds issued to fund one or more debt service reserve funds, to pay
11 costs of issuance of such bonds, and to refund or otherwise repay such
12 bonds or notes previously issued. Such bonds and notes of the authority,
13 the dormitory authority and the urban development corporation shall not
14 be a debt of the state, and the state shall not be liable thereon, nor
15 shall they be payable out of any funds other than those appropriated by
16 the state to the authority, the dormitory authority and the urban devel-
17 opment corporation for principal, interest, and related expenses pursu-
18 ant to a service contract and such bonds and notes shall contain on the
19 face thereof a statement to such effect. Except for purposes of comply-
20 ing with the internal revenue code, any interest income earned on bond
21 proceeds shall only be used to pay debt service on such bonds.
22 S 47. This act shall take effect immediately and shall be deemed to
23 have been in full force and effect on and after April 1, 2015; provided,
24 however, that the provisions of sections one through eight and sections
25 thirteen through twenty of this act shall expire March 31, 2016, when
26 upon such date the provisions of such sections shall be deemed repealed.
27 S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
28 sion, section or part of this act shall be adjudged by any court of
29 competent jurisdiction to be invalid, such judgment shall not affect,
30 impair, or invalidate the remainder thereof, but shall be confined in
31 its operation to the clause, sentence, paragraph, subdivision, section
32 or part thereof directly involved in the controversy in which such judg-
33 ment shall have been rendered. It is hereby declared to be the intent of
34 the legislature that this act would have been enacted even if such
35 invalid provisions had not been included herein.
36 S 3. This act shall take effect immediately provided, however, that
37 the applicable effective date of Parts A through P of this act shall be
38 as specifically set forth in the last section of such Parts.