S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 2605--A                                            A. 3005--A
                             S E N A T E - A S S E M B L Y
                                   January 22, 2013
                                      ___________
       IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
         cle seven of the Constitution -- read twice and ordered  printed,  and
         when  printed to be committed to the Committee on Finance -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
         article  seven  of  the  Constitution -- read once and referred to the
         Committee on Ways and Means --  committee  discharged,  bill  amended,
         ordered reprinted as amended and recommitted to said committee
       AN  ACT  authorizing  the governor to close correctional facilities; and
         providing for the repeal of such provisions  upon  expiration  thereof
         (Part A); authorizing the urban development corporation, the office of
         general  services  and  the  department  of  corrections and community
         supervision to transfer and convey certain  lands  in  the  county  of
         Bronx,  city  of  New  York, to the Thomas Mott Osborne Memorial Fund,
         Inc. (Part B); to amend the vehicle and traffic law,  in  relation  to
         plea  limitations;  in  relation to extending surcharges and the crime
         victim assistance fee for certain violations; in relation to  enhanced
         penalties  for  multiple  violations  of  the mobile phone and texting
         prohibitions; to amend the state finance law, in relation  to  certain
         payments  to  the  state  treasurer; and to repeal section 1101 of the
         vehicle and traffic law relating thereto (Part C); to amend the execu-
         tive law, in relation to adopting the national  crime  prevention  and
         privacy  compact  (Part  D); to amend chapter 887 of the laws of 1983,
         amending the correction law relating to the psychological  testing  of
         candidates,  in  relation  to  making  the  provisions of such chapter
         permanent; 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 relat-
         ing to prisoner furloughs in certain cases and the crime of absconding
         therefrom, in relation to making the provisions of such chapter perma-
         nent;  to amend chapter 261 of the laws of 1987, amending chapters 50,
         53 and 54 of the laws of 1987, the correction law, the penal  law  and
         other  chapters  and  laws  relating  to  correctional  facilities, in
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12570-02-3
       S. 2605--A                          2                         A. 3005--A
         relation to making the provisions of such chapter permanent; 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 making the provisions of such chapter permanent; 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 making certain provisions of such chapter permanent; to amend chap-
         ter  3 of the laws of 1995, amending the correction law and other laws
         relating to the incarceration fee, in relation to extending the  expi-
         ration  of  certain provisions of such chapter; to amend chapter 55 of
         the laws of 1992, amending 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 executive 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 manda-
         tory surcharge and victim assistance fee; to amend chapter 713 of  the
         laws  of  1988,  amending  the vehicle and traffic law relating to the
         ignition interlock device program, in relation to extending the  expi-
         ration 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 prisoner 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 chapter 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  protective  measures  for
         certain  child  witnesses,  in relation to extending the expiration of
         the provisions thereof; to amend chapter 3 of the laws of 1995, enact-
         ing 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 effective date thereof; to amend chapter 688 of the laws
         of  2003,  amending  the executive law relating to enacting the inter-
         state compact for adult offender supervision, in  relation  to  making
         certain provisions of such chapter permanent; to amend part H of chap-
         ter  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
       S. 2605--A                          3                         A. 3005--A
         relation to the effectiveness of such chapter; and to amend section  3
         of  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  (Part E); to amend chapter 503 of the
         laws of 2009, relating to the disposition of monies recovered by coun-
         ty district attorneys before the filing of an  accusatory  instrument,
         in  relation  to  the  effectiveness  thereof  (Part  F); to amend the
         retirement and social security law and the education law, in  relation
         to   pension  contributions  paid  by  local  governments  and  school
         districts beginning in the 2013-14  fiscal  year  and  certain  fiscal
         years thereafter (Part G); to amend the civil service law, in relation
         to  the  reimbursement  of medicare premium charges (Part H); to amend
         the state finance law, in relation to creating a new  New  York  state
         gaming  commission account (Part I); to amend the tax law, in relation
         to reducing purse amounts paid from the VLT program (Part J); to amend
         the state finance law, in relation to reforming the  local  government
         citizens  re-organization  empowerment  grant  program  and  the local
         government efficiency grant program (Part K); providing for the elimi-
         nation  of  burdensome  reporting  requirements  imposed   on   school
         districts  and local governments (Part L); to provide for the adminis-
         tration of certain funds and accounts related to the  2013-14  budget;
         authorizing certain payments and transfers; to amend chapter 59 of the
         laws  of  2012,  relating  to  providing for administration of certain
         funds and accounts related to the 2013-2014 budget, in relation to the
         effectiveness thereof; to amend the state finance law, in relation  to
         school  tax  relief  fund;  to  amend  chapter 60 of the laws of 2011,
         amending the state finance law  relating  to  disbursements  from  the
         tribal-state  compact  revenue  account  to certain municipalities, in
         relation to the availability of moneys; to amend the  New  York  state
         medical care facilities finance agency act, in relation to the deposit
         of  certain  funds; to amend the state finance law, in relation to the
         issuance of revenue bonds; to amend the  public  authorities  law,  in
         relation  to the number of directors required for approval of a resol-
         ution authorizing the issuance of bonds or notes;  to  amend  the  New
         York  state  urban development corporation act, in relation to funding
         project costs for certain capital projects; to amend chapter 61 of the
         laws of 2005, relating to providing for the administration of  certain
         funds and accounts related to the 2005-2006 budget, in relation to the
         Division  of  Military  and  Naval  Affairs 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
         bonds;  to amend the public authorities law, in relation to courthouse
         improvements  and  training  facilities,  metropolitan  transportation
         authority  facilities,  peace bridge projects and issuance of bonds by
         the dormitory authority; to amend chapter 61  of  the  laws  of  2005,
         providing for the administration of certain funds and accounts related
         to the 2005-2006 budget, in relation to issuance of bonds by the urban
         development corporation; to amend the New York state urban development
         corporation act, in relation to projects for retention of professional
         football  in western New York; to amend the public authorities law, in
         relation to the cleaner, greener communities  program;  to  amend  the
       S. 2605--A                          4                         A. 3005--A
         state  finance  law, in relation to establishing the sales tax revenue
         bond tax fund and providing for the  deposit  of  revenues  therefrom,
         establishing  the  sales  tax revenue bond financing program; to amend
         the  tax  law,  in  relation to deposit and disposition of revenue; to
         amend the state finance law, in relation to establishing the New  York
         state  transformative  capital fund; 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
         260  of  the  laws of 2011 amending the education law and the New York
         state urban  development  corporation  act  relating  to  establishing
         components of the NY-SUNY 2020 challenge grant program, in relation to
         the  effectiveness  thereof;  to  amend the public authorities law, in
         relation to dormitories at certain educational institutions other than
         state operated institutions and statutory or contract  colleges  under
         the jurisdiction of the state university of New York; to amend 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 New York works transportation capital
         projects;  and  providing  for  the  repeal of certain provisions upon
         expiration thereof (Part M); to amend the  executive  law,  the  state
         technology  law and the general business law, in relation to providing
         for the consolidation of  certain  information  technology  staff  and
         services  within the office of information technology services; and to
         repeal section 715 of the executive law, relating  to  the  office  of
         cyber  security  (Part  N); to amend the workers' compensation law, in
         relation to changing the composition of the board's  practice  commit-
         tees and to permitting a single arbitrator process; to amend the work-
         ers'  compensation  law,  in relation to the collection of assessments
         for annual expenses and the  investment  of  surplus  or  reserve;  in
         relation  to  the  representation of funds; in relation to closing the
         fund for reopened cases; in relation to the  termination  of  payments
         into  the aggregate trust fund; in relation to administration expenses
         for the state insurance fund; in relation  to  requiring  self-insured
         municipal  groups  and  county treasurers to provide certain financial
         information to the workers' compensation board; to amend the  workers'
         compensation  law  and  the  public  authorities  law,  in relation to
         authorizing the workers' compensation board and the dormitory authori-
         ty to enter into a self-insured bond financing agreement; to amend the
         volunteer firefighters' benefit law and the volunteer ambulance  work-
         ers'  benefit  law,  in relation to the payment of benefits and to the
         assessment of expenses; to amend the public officers law, in  relation
         to  indemnification  of  state  officers  and employees; and repealing
         certain provisions of the workers'  compensation  law,  the  volunteer
         firefighters' benefit law and the volunteer ambulance workers' benefit
         law relating to assessments for expenses, and relating to the location
         of  the  workers'  compensation  board  (Part  O);  to amend the state
         finance law, in relation to increasing  discretionary  thresholds  for
         procurement  of food commodities (Part P); to amend the executive law,
         in relation to including school districts and  boards  of  cooperative
         educational services in the intrastate mutual aid program (Part Q); to
         amend  the public officers law, in relation to exempting certain state
         employees from the two-year and lifetime bars (Part R); and  to  amend
         chapter 56 of the laws of 2011 relating to permitting authorized state
       S. 2605--A                          5                         A. 3005--A
         entities   to  utilize  the  design-build  method  for  infrastructure
         projects, in relation to the definition of authorized  state  entities
         (Part S)
         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 2013-2014
    3  state  fiscal  year.  Each  component  is wholly contained within a Part
    4  identified as Parts A through S. 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 reference to a section
    8  "of this act", when used in connection with that  particular  component,
    9  shall  be  deemed  to mean and refer to the corresponding section of the
   10  Part in which it is found. Section three of  this  act  sets  forth  the
   11  general effective date of this act.
   12                                   PART A
   13    Section 1. Notwithstanding the provisions of sections 79-a and 79-b of
   14  the  correction law, the governor is authorized to close the Bayview and
   15  Beacon correctional facilities of  the  department  of  corrections  and
   16  community supervision, in state fiscal year 2013-14, as he determines to
   17  be  necessary  for  the  cost-effective  and  efficient operation of the
   18  correctional system, provided that the governor  provides  at  least  60
   19  days notice prior to any such closures to the temporary president of the
   20  senate and the speaker of the assembly.
   21    S  2. This act shall take effect April 1, 2013 and shall expire and be
   22  deemed repealed March 31, 2014.
   23                                   PART B
   24    Section 1. Notwithstanding any inconsistent provision of  law  to  the
   25  contrary,  the  urban  development corporation is authorized to transfer
   26  and convey to the Thomas Mott Osborne Memorial  Fund,  Inc.  its  right,
   27  title,  and  interest  in the lands and improvements known as the Fulton
   28  Correctional Facility and further described in section two of this  act.
   29  The  conveyance  shall  be  made  upon such terms and conditions, as the
   30  board of directors of the urban  development  corporation  may,  in  its
   31  discretion, fix and determine.  The commissioner of general services and
   32  the  commissioner  of the department of corrections and community super-
   33  vision are hereby empowered to enter into  such  contractual  agreements
   34  with  the  corporation  and  its subsidiaries to effect the transfer and
   35  conveyance and do all things necessary to carry out  the  provisions  of
   36  this act.
   37    S  2. The lands to be conveyed pursuant to section one of this act are
   38  situated in the city of New York, county of  Bronx,  and  are  generally
   39  described as follows:
   40                                  Parcel I
   41    All  that  piece  or parcel of land lying and being in the Borough and
   42  County of the Bronx, City and State of New York, and being  all  of  Lot
   43  No. 30, Block 2928, and being more particularly described as follows:
       S. 2605--A                          6                         A. 3005--A
    1    Beginning  at  the  intersection  of  the  northerly  line of E. 171st
    2  Street, and the westerly line of Fulton Avenue,  thence  westerly  along
    3  the northerly line of E.  171st Street, 115.32 feet to the easterly line
    4  of Lot 33; thence northerly along the last mentioned lot line 71.90 feet
    5  to  the  intersection  of  the southerly line of Lot 29; thence easterly
    6  along the last mentioned lot line, 106.08 feet to its intersection  with
    7  the  said  westerly line of Fulton Ave.; thence southerly along the said
    8  westerly line of Fulton Avenue 80.00 feet  to  the  point  or  place  of
    9  beginning.
   10                                  Parcel II
   11    All  that  piece  or parcel of land lying and being in the Borough and
   12  County of the Bronx, City and State of New York, and being  all  of  Lot
   13  No. 33, Block 2928, and being more particularly described as follows:
   14    Beginning  at  the  intersection  of  the  northerly  line of E. 171st
   15  Street, and the westerly line of Lot 30, said point  being  115.32  feet
   16  westerly from the intersection of the northerly line of E. 171st Street,
   17  and  the  westerly line of Fulton Avenue; thence South 88  21' 50" West,
   18  along the northerly line of E.  171st Street, a distance of  75.86  feet
   19  to  a  point,  said  point  being 175.21 feet distant easterly, measured
   20  along the northerly line of E. 171st Street from the  corner  formed  by
   21  the  intersection  of  the easterly line of 3rd Avenue and the northerly
   22  line of E. 171st Street; thence North 01  11'  27"  East,  and  parallel
   23  with 3rd Avenue 141.75 feet to a point; thence North 84  03' 45" East, a
   24  distance  of  50.38  feet to a point; thence South 01  11' 27" West, and
   25  parallel to 3rd Avenue, 25.19 feet to a point; thence North 84  03'  45"
   26  East, 25.99 feet to a point; thence South 01  11' 27" West, and parallel
   27  to 3rd Avenue, 122.30 feet to the point or place of beginning.
   28    S  3.  Notwithstanding  the foregoing, the authorization to convey the
   29  Fulton Correctional Facility shall be subject to the condition precedent
   30  that such conveyance shall not impair or result in any diminution of the
   31  obligations to holders of any bonds which financed,  refinanced  or  are
   32  secured  by  correctional  facilities  (or payments in respect thereof),
   33  including the Fulton Correctional  Facility,  and  shall  not  adversely
   34  affect any exemption of interest on such bonds from federal income tax.
   35    S  4. The description in section two of this act is not intended to be
   36  a legal description but  is  intended  to  identify  the  parcel  to  be
   37  conveyed.  As a condition of the purchase, the Thomas Mott Osborne Memo-
   38  rial Fund, Inc. may submit to  the  urban  development  corporation  for
   39  approval,  an  accurate  survey  and  description  of  the  lands  to be
   40  conveyed, which may be used in the conveyance thereof.
   41    S 5. Any lands transferred pursuant to this act shall be used for  the
   42  purpose  of providing opportunities for individuals in conflict with the
   43  law through reform and rehabilitation programs, alternatives  to  incar-
   44  ceration  and  re-entry,  for  providing services to persons affected by
   45  crime and/or incarceration, and for related  community  activities,  and
   46  upon  termination  of  such use, title to the lands so transferred shall
   47  revert to the state of New York.
   48    S 6. The board of directors of the urban development corporation shall
   49  not transfer and convey said lands unless application is  made  therefor
   50  by the Thomas Mott Osborne Memorial Fund, Inc. within one year after the
   51  effective date of this act.
   52    S 7. This act shall take effect immediately.
   53                                   PART C
   54    Section 1. Section 1101 of the vehicle and traffic law is REPEALED.
       S. 2605--A                          7                         A. 3005--A
    1    S  2. Section 1180 of the vehicle and traffic law is amended by adding
    2  a new subdivision (i) to read as follows:
    3    (I)  IN  ANY  CASE  WHEREIN THE CHARGE LAID BEFORE THE COURT ALLEGES A
    4  VIOLATION OF SUBDIVISION (B), (C), (D), (F), OR (G) OF THIS SECTION  AND
    5  THE  SPEED  UPON  WHICH THE CHARGE IS BASED EXCEEDS THE APPLICABLE SPEED
    6  LIMIT BY MORE THAN TWENTY MILES PER HOUR, ANY PLEA OF GUILTY  THEREAFTER
    7  ENTERED  IN  SATISFACTION  OF  SUCH CHARGE MUST INCLUDE, AT A MINIMUM, A
    8  PLEA OF GUILTY TO A VIOLATION OF THIS CHAPTER OR OF ANY ORDINANCE,  RULE
    9  OR  REGULATION  ADOPTED  PURSUANT  TO  THIS CHAPTER FOR WHICH POINTS ARE
   10  ASSIGNED PURSUANT TO THE  REGULATIONS  OF  THE  COMMISSIONER;  PROVIDED,
   11  HOWEVER,  THAT,  IF  THE DISTRICT ATTORNEY, UPON REVIEWING THE AVAILABLE
   12  EVIDENCE, DETERMINES THAT THE CHARGE OF A VIOLATION OF SUBDIVISION  (B),
   13  (C),  (D),  (F)  OR  (G) OF THIS SECTION IS NOT WARRANTED, SUCH DISTRICT
   14  ATTORNEY MAY CONSENT TO, AND THE COURT MAY ALLOW, A DISPOSITION BY  PLEA
   15  OF  GUILTY  TO  ANOTHER  CHARGE.  IN ALL SUCH CASES, THE COURT SHALL SET
   16  FORTH UPON THE RECORD THE BASIS FOR SUCH DISPOSITION.
   17    S 3.  Subdivision 4 of section 1225-c of the vehicle and traffic  law,
   18  as  added  by  chapter  69  of  the  laws of 2001, is amended to read as
   19  follows:
   20    4. A violation of subdivision two of this section shall be  a  traffic
   21  infraction  and  shall  be  punishable  by a fine of not LESS THAN FIFTY
   22  DOLLARS NOR more than one hundred FIFTY dollars  UPON  CONVICTION  OF  A
   23  FIRST  VIOLATION;  UPON  CONVICTION OF A SECOND VIOLATION, BOTH OF WHICH
   24  WERE COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS, SUCH VIOLATION  SHALL
   25  BE PUNISHED BY A FINE OF NOT LESS THAN TWO HUNDRED DOLLARS NOR MORE THAN
   26  THREE  HUNDRED  FIFTY  DOLLARS; UPON CONVICTION OF A THIRD OR SUBSEQUENT
   27  VIOLATION, ALL OF WHICH WERE  COMMITTED  WITHIN  A  PERIOD  OF  EIGHTEEN
   28  MONTHS, SUCH VIOLATION SHALL BE PUNISHED BY A FINE OF NOT LESS THAN FOUR
   29  HUNDRED DOLLARS NOR MORE THAN FIVE HUNDRED FIFTY DOLLARS.
   30    S  4.  Subdivision 6 of section 1225-d of the vehicle and traffic law,
   31  as amended by chapter 109 of the laws of 2011, is  amended  to  read  as
   32  follows:
   33    6. A violation of this section shall be a traffic infraction and shall
   34  be punishable by a fine of not LESS THAN FIFTY DOLLARS NOR more than one
   35  hundred  fifty  dollars[.]UPON  CONVICTION  OF  A  FIRST VIOLATION; UPON
   36  CONVICTION OF A SECOND VIOLATION, BOTH OF WHICH WERE COMMITTED WITHIN  A
   37  PERIOD OF EIGHTEEN MONTHS, SUCH VIOLATION SHALL BE PUNISHED BY A FINE OF
   38  NOT  LESS  THAN  TWO  HUNDRED  DOLLARS NOR MORE THAN THREE HUNDRED FIFTY
   39  DOLLARS; UPON CONVICTION OR A THIRD  OR  SUBSEQUENT  VIOLATION,  ALL  OF
   40  WHICH  WERE COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS, SUCH VIOLATION
   41  SHALL BE PUNISHED BY A FINE OF NOT LESS THAN FOUR  HUNDRED  DOLLARS  NOR
   42  MORE THAN FIVE HUNDRED FIFTY DOLLARS.
   43    S  5. Subdivision 1 of section 1809 of the vehicle and traffic law, as
   44  amended by section 2 of part DD of chapter 56 of the laws of  2008,  the
   45  opening  paragraph and paragraph (c) as amended by section 10 of part II
   46  of chapter 59 of the laws of 2010, is amended to read as follows:
   47    1. Whenever proceedings in an administrative tribunal or  a  court  of
   48  this state result in a conviction for an offense under this chapter or a
   49  traffic  infraction  under this chapter, or a local law, ordinance, rule
   50  or regulation adopted pursuant to this chapter,  other  than  a  traffic
   51  infraction  involving  standing,  stopping,  or parking EXCEPT THOSE SET
   52  FORTH IN SECTIONS TWELVE HUNDRED, TWELVE HUNDRED ONE AND TWELVE  HUNDRED
   53  TWO  OF  THIS  CHAPTER,  or  violations by pedestrians or bicyclists, or
   54  other than an adjudication of liability of an owner for a  violation  of
   55  subdivision  (d)  of  section  eleven  hundred eleven of this chapter in
   56  accordance with section eleven hundred  eleven-a  of  this  chapter,  or
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    1  other  than  an adjudication of liability of an owner for a violation of
    2  subdivision (d) of section eleven hundred  eleven  of  this  chapter  in
    3  accordance  with  section  eleven  hundred  eleven-b of this chapter, or
    4  other  than  an  adjudication  in accordance with section eleven hundred
    5  eleven-c of this chapter for a violation of a bus  lane  restriction  as
    6  defined in such section, there shall be levied a crime victim assistance
    7  fee  and  a mandatory surcharge, in addition to any sentence required or
    8  permitted by law, in accordance with the following schedule:
    9    (a) Whenever proceedings in an administrative tribunal or a  court  of
   10  this  state  result in a conviction for a traffic infraction pursuant to
   11  article nine of this chapter, there  shall  be  levied  a  crime  victim
   12  assistance  fee in the amount of five dollars and a mandatory surcharge,
   13  in addition to any sentence required or permitted by law, in the  amount
   14  of twenty-five dollars.
   15    (b)  Whenever  proceedings in an administrative tribunal or a court of
   16  this state result in a conviction for a misdemeanor or  felony  pursuant
   17  to  section  eleven  hundred  ninety-two of this chapter, there shall be
   18  levied, in addition to any sentence required  or  permitted  by  law,  a
   19  crime  victim  assistance fee in the amount of twenty-five dollars and a
   20  mandatory surcharge in accordance with the following schedule:
   21    (i) a person convicted of a felony shall pay a mandatory surcharge  of
   22  three hundred dollars;
   23    (ii)  a  person  convicted  of  a  misdemeanor  shall  pay a mandatory
   24  surcharge of one hundred seventy-five dollars.
   25    (c) Whenever proceedings in an administrative tribunal or a  court  of
   26  this  state  result  in  a  conviction for an offense under this chapter
   27  other than a crime pursuant to section eleven hundred ninety-two of this
   28  chapter, or a traffic infraction under this chapter,  or  a  local  law,
   29  ordinance,  rule  or  regulation adopted pursuant to this chapter, other
   30  than a traffic infraction  involving  standing,  stopping,  or  parking,
   31  EXCEPT  THOSE SET FORTH IN SECTION TWELVE HUNDRED, TWELVE HUNDRED ONE OR
   32  TWELVE HUNDRED TWO OF THIS CHAPTER or violations by pedestrians or bicy-
   33  clists, or other than an adjudication of liability of  an  owner  for  a
   34  violation  of  subdivision  (d) of section eleven hundred eleven of this
   35  chapter in accordance with section eleven hundred eleven-a of this chap-
   36  ter, or other than an adjudication  of  liability  of  an  owner  for  a
   37  violation  of  subdivision  (d) of section eleven hundred eleven of this
   38  chapter in accordance with section eleven hundred eleven-b of this chap-
   39  ter, or other than an infraction pursuant to article nine of this  chap-
   40  ter  or  other  than  an  adjudication  of  liability  of an owner for a
   41  violation of toll collection regulations pursuant to section  two  thou-
   42  sand  nine hundred eighty-five of the public authorities law or sections
   43  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
   44  of the laws of nineteen hundred fifty or other than an  adjudication  in
   45  accordance  with  section  eleven hundred eleven-c of this chapter for a
   46  violation of a bus lane restriction as defined in  such  section,  there
   47  shall  be  levied  a  crime  victim assistance fee in the amount of five
   48  dollars and a mandatory surcharge, in addition to any sentence  required
   49  or permitted by law, in the amount of fifty-five dollars.
   50    S  6. Subdivision 1 of section 1809 of the vehicle and traffic law, as
   51  amended by section 10-a of part II of chapter 59 of the laws of 2010, is
   52  amended to read as follows:
   53    1. Whenever proceedings in an administrative tribunal or  a  court  of
   54  this  state  result  in a conviction for a crime under this chapter or a
   55  traffic infraction under this chapter, or a local law,  ordinance,  rule
   56  or  regulation  adopted  pursuant  to this chapter, other than a traffic
       S. 2605--A                          9                         A. 3005--A
    1  infraction involving standing, stopping, parking EXCEPT THOSE SET  FORTH
    2  IN SECTIONS TWELVE HUNDRED, TWELVE HUNDRED ONE AND TWELVE HUNDRED TWO OF
    3  THIS CHAPTER, or motor vehicle equipment or violations by pedestrians or
    4  bicyclists, or other than an adjudication of liability of an owner for a
    5  violation  of  subdivision  (d) of section eleven hundred eleven of this
    6  chapter in accordance with section eleven hundred eleven-a of this chap-
    7  ter, or other than an adjudication  of  liability  of  an  owner  for  a
    8  violation  of  subdivision  (d) of section eleven hundred eleven of this
    9  chapter in accordance with section eleven hundred eleven-b of this chap-
   10  ter, or other than an adjudication in  accordance  with  section  eleven
   11  hundred  eleven-c  of  this  chapter  for  a  violation  of  a  bus lane
   12  restriction as defined in such section, there shall be levied a mandato-
   13  ry surcharge, in addition to any sentence required or permitted by  law,
   14  in the amount of twenty-five dollars.
   15    S  7. Subdivision 1 of section 1809 of the vehicle and traffic law, as
   16  amended by section 10-b of part II of chapter 59 of the laws of 2010, is
   17  amended to read as follows:
   18    1. Whenever proceedings in an administrative tribunal or  a  court  of
   19  this  state  result  in a conviction for a crime under this chapter or a
   20  traffic infraction under this chapter other than  a  traffic  infraction
   21  involving standing, stopping, parking EXCEPT THOSE SET FORTH IN SECTIONS
   22  TWELVE  HUNDRED, TWELVE HUNDRED ONE AND TWELVE HUNDRED TWO OF THIS CHAP-
   23  TER, or motor vehicle equipment or violations by  pedestrians  or  bicy-
   24  clists,  or other than an adjudication in accordance with section eleven
   25  hundred eleven-c  of  this  chapter  for  a  violation  of  a  bus  lane
   26  restriction as defined in such section, there shall be levied a mandato-
   27  ry  surcharge, in addition to any sentence required or permitted by law,
   28  in the amount of seventeen dollars.
   29    S 8. Subdivision 1 of section 1809 of the vehicle and traffic law,  as
   30  separately  amended  by chapter 16 of the laws of 1983 and chapter 62 of
   31  the laws of 1989, is amended to read as follows:
   32    1. Whenever proceedings in an administrative tribunal or  a  court  of
   33  this  state  result  in a conviction for a crime under this chapter or a
   34  traffic infraction under this chapter other than  a  traffic  infraction
   35  involving standing, stopping, parking EXCEPT THOSE SET FORTH IN SECTIONS
   36  TWELVE  HUNDRED, TWELVE HUNDRED ONE AND TWELVE HUNDRED TWO OF THIS CHAP-
   37  TER, or motor vehicle equipment or violations by  pedestrians  or  bicy-
   38  clists,  there shall be levied a mandatory surcharge, in addition to any
   39  sentence required or permitted  by  law,  in  the  amount  of  seventeen
   40  dollars.
   41    S 9. Paragraph a of subdivision 1 of section 1809-e of the vehicle and
   42  traffic  law,  as  amended by section 11 of part II of chapter 59 of the
   43  laws of 2010, is amended to read as follows:
   44    a. Notwithstanding any other provision of law, whenever proceedings in
   45  a court or  an  administrative  tribunal  of  this  state  result  in  a
   46  conviction for an offense under this chapter, except a conviction pursu-
   47  ant to section eleven hundred ninety-two of this chapter, or for a traf-
   48  fic  infraction  under  this chapter, or a local law, ordinance, rule or
   49  regulation adopted pursuant to this chapter, except a traffic infraction
   50  involving standing, stopping, or parking, OTHER THAN THOSE SET FORTH  IN
   51  SECTIONS  TWELVE  HUNDRED, TWELVE HUNDRED ONE AND TWELVE HUNDRED TWO, or
   52  violations by pedestrians or bicyclists, and except an  adjudication  of
   53  liability  of  an  owner  for  a violation of subdivision (d) of section
   54  eleven hundred eleven of this chapter in accordance with section  eleven
   55  hundred  eleven-a of this chapter, and except an adjudication of liabil-
   56  ity of an owner for a violation of subdivision  (d)  of  section  eleven
       S. 2605--A                         10                         A. 3005--A
    1  hundred eleven of this chapter in accordance with section eleven hundred
    2  eleven-b  of this chapter, and except an adjudication in accordance with
    3  section eleven hundred eleven-c of this chapter of a violation of a  bus
    4  lane  restriction as defined in such section, and except an adjudication
    5  of liability of an owner for a violation of toll collection  regulations
    6  pursuant  to section two thousand nine hundred eighty-five of the public
    7  authorities law or sections sixteen-a, sixteen-b and sixteen-c of  chap-
    8  ter  seven  hundred  seventy-four of the laws of nineteen hundred fifty,
    9  there shall be levied in addition to  any  sentence,  penalty  or  other
   10  surcharge required or permitted by law, an additional surcharge of twen-
   11  ty dollars.
   12    S  10.  Paragraph  a of subdivision 1 of section 1809-e of the vehicle
   13  and traffic law, as amended by section 11-a of part II of chapter 59  of
   14  the laws of 2010, is amended to read as follows:
   15    a. Notwithstanding any other provision of law, whenever proceedings in
   16  a  court  or  an  administrative  tribunal  of  this  state  result in a
   17  conviction for an offense under this chapter, except a conviction pursu-
   18  ant to section eleven hundred ninety-two of this chapter, or for a traf-
   19  fic infraction under this chapter, or a local law,  ordinance,  rule  or
   20  regulation adopted pursuant to this chapter, except a traffic infraction
   21  involving  standing, stopping, or parking, OTHER THAN THOSE SET FORTH IN
   22  SECTIONS TWELVE HUNDRED, TWELVE HUNDRED ONE AND TWELVE HUNDRED  TWO,  or
   23  violations  by  pedestrians or bicyclists, and except an adjudication of
   24  liability of an owner for a violation  of  subdivision  (d)  of  section
   25  eleven  hundred eleven of this chapter in accordance with section eleven
   26  hundred eleven-a of this chapter, and except an adjudication in  accord-
   27  ance with section eleven hundred eleven-c of this chapter of a violation
   28  of  a  bus  lane  restriction  as defined in such section, and except an
   29  adjudication of liability of an owner for a violation of toll collection
   30  regulations pursuant to section two thousand nine hundred eighty-five of
   31  the  public  authorities  law  or  sections  sixteen-a,  sixteen-b   and
   32  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
   33  hundred fifty, there shall be levied in addition to any sentence, penal-
   34  ty or other surcharge  required  or  permitted  by  law,  an  additional
   35  surcharge of twenty dollars.
   36    S  11.  Paragraph  a of subdivision 1 of section 1809-e of the vehicle
   37  and traffic law, as amended by section 1 of part EE of chapter 56 of the
   38  laws of 2008, is amended to read as follows:
   39    a. Notwithstanding any other provision of law, whenever proceedings in
   40  a court or  an  administrative  tribunal  of  this  state  result  in  a
   41  conviction for an offense under this chapter, except a conviction pursu-
   42  ant to section eleven hundred ninety-two of this chapter, or for a traf-
   43  fic  infraction  under  this chapter, or a local law, ordinance, rule or
   44  regulation adopted pursuant to this chapter, except a traffic infraction
   45  involving standing, stopping, or parking, OTHER THAN THOSE SET FORTH  IN
   46  SECTIONS  TWELVE  HUNDRED, TWELVE HUNDRED ONE AND TWELVE HUNDRED TWO, or
   47  violations by pedestrians or bicyclists, and except an  adjudication  of
   48  liability  of  an  owner  for  a violation of subdivision (d) of section
   49  eleven hundred eleven of this chapter in accordance with section  eleven
   50  hundred  eleven-a of this chapter, and except an adjudication of liabil-
   51  ity of an owner for a violation of toll collection regulations  pursuant
   52  to  section two thousand nine hundred eighty-five of the public authori-
   53  ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
   54  hundred seventy-four of the laws of nineteen hundred fifty, there  shall
   55  be  levied  in  addition  to  any  sentence,  penalty or other surcharge
   56  required or permitted by law, an additional surcharge of twenty dollars.
       S. 2605--A                         11                         A. 3005--A
    1    S 12.  Subdivision 3-a of section 121 of the  state  finance  law,  as
    2  added  by  section  16  of  part J of chapter 62 of the laws of 2003, is
    3  amended to read as follows:
    4    3-a.  [On or before the twentieth day of October in each year commenc-
    5  ing with the twentieth of October, two thousand three,  the]  THE  comp-
    6  troller  shall  determine  the  difference  between:  (a)  the aggregate
    7  receipts derived by the state from mandatory surcharges collected by  an
    8  administrative  tribunal  or a town or village justice court pursuant to
    9  section eighteen hundred nine of the vehicle and traffic law during  the
   10  [preceding] year ending September thirtieth, TWO THOUSAND TWELVE and (b)
   11  the  aggregate  receipts  derived  by  the  state  from  such  mandatory
   12  surcharge collected by an administrative tribunal or a town or a village
   13  justice court in accordance with  the  provisions  of  section  eighteen
   14  hundred  nine of the vehicle and traffic law in effect immediately prior
   15  to April first, two thousand three  during  the  preceding  year  ending
   16  September  thirtieth.  Such  difference  shall  be thereupon transferred
   17  ANNUALLY by the comptroller to the credit of the indigent legal services
   18  fund established by section ninety-eight-b of this chapter.
   19    S 13. This act shall take effect on the sixtieth day  after  it  shall
   20  have  become  a  law and shall apply to violations committed on or after
   21  such date, provided however, that:
   22    (a) the amendments to subdivision 1 of section 1809 of the vehicle and
   23  traffic law made by section five of this act shall  be  subject  to  the
   24  expiration  and  reversion  of  such  subdivision,  when  upon such date
   25  section six of this act shall take effect; and
   26    (b) the amendments to subdivision 1 of section 1809 of the vehicle and
   27  traffic law made by section six of this act  shall  be  subject  to  the
   28  expiration  and  reversion  of  such  subdivision,  when  upon such date
   29  section seven of this act shall take effect; and
   30    (c) the amendments to subdivision 1 of section 1809 of the vehicle and
   31  traffic law made by section seven of this act shall be  subject  to  the
   32  expiration  and  reversion  of  such  subdivision,  when  upon such date
   33  section eight of this act shall take effect;
   34    (d) the amendments to paragraph a of subdivision 1 of  section  1809-e
   35  of the vehicle and traffic law made by section nine of this act shall be
   36  subject  to  the  expiration  and reversion of such paragraph, when upon
   37  such date section ten of this act shall take effect; and
   38    (e) the amendments to paragraph a of subdivision 1 of  section  1809-e
   39  of  the vehicle and traffic law made by section ten of this act shall be
   40  subject to the expiration and reversion of  such  paragraph,  when  upon
   41  such date section eleven of this act shall take effect.
   42                                   PART D
   43    Section  1. The executive law is amended by adding a new article 38 to
   44  read as follows:
   45                                 ARTICLE 38
   46                NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
   47  SECTION 850. ENACTMENT OF COMPACT.
   48    S 850. ENACTMENT OF COMPACT. THE NATIONAL CRIME PREVENTION AND PRIVACY
   49  COMPACT IS HEREBY ENACTED INTO LAW  AND  ENTERED  INTO  WITH  ALL  OTHER
   50  JURISDICTIONS  LEGALLY  JOINING  THEREIN  IN  THE  FORM SUBSTANTIALLY AS
   51  FOLLOWS:
   52    THE CONTRACTING PARTIES AGREE TO THE FOLLOWING:
   53                NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
   54  ARTICLE I.    DEFINITIONS.
       S. 2605--A                         12                         A. 3005--A
    1  ARTICLE II.   PURPOSES.
    2  ARTICLE III.  RESPONSIBILITIES OF COMPACT PARTIES.
    3  ARTICLE IV.   AUTHORIZED RECORD DISCLOSURES.
    4  ARTICLE V.    RECORD REQUEST PROCEDURES.
    5  ARTICLE VI.   ESTABLISHMENT OF COMPACT COUNCIL.
    6  ARTICLE VII.  RATIFICATION OF COMPACT.
    7  ARTICLE VIII. MISCELLANEOUS PROVISIONS.
    8  ARTICLE IX.   RENUNCIATION.
    9  ARTICLE X.    SEVERABILITY.
   10  ARTICLE XI.   ADJUDICATION OF DISPUTES.
   11                                  OVERVIEW
   12    (A) IN GENERAL, THIS COMPACT ORGANIZES AN ELECTRONIC INFORMATION SHAR-
   13  ING SYSTEM AMONG THE FEDERAL GOVERNMENT AND THE STATES TO EXCHANGE CRIM-
   14  INAL  HISTORY  RECORDS  FOR  NONCRIMINAL  JUSTICE PURPOSES AUTHORIZED BY
   15  FEDERAL OR STATE LAW, SUCH AS BACKGROUND CHECKS FOR GOVERNMENTAL LICENS-
   16  ING AND EMPLOYMENT.
   17    (B) UNDER THIS COMPACT, THE FBI AND THE PARTY STATES AGREE TO MAINTAIN
   18  DETAILED DATABASES OF THEIR RESPECTIVE CRIMINAL HISTORY RECORDS, INCLUD-
   19  ING ARRESTS AND DISPOSITIONS, AND TO MAKE THEM AVAILABLE TO THE  FEDERAL
   20  GOVERNMENT  AND  TO PARTY STATES FOR AUTHORIZED PURPOSES.  THE FBI SHALL
   21  ALSO MANAGE THE FEDERAL DATA FACILITIES THAT PROVIDE A SIGNIFICANT  PART
   22  OF THE INFRASTRUCTURE FOR THE SYSTEM.
   23                           ARTICLE I--DEFINITIONS
   24    AS USED IN THIS COMPACT:
   25    (A)  "ATTORNEY  GENERAL"  MEANS  THE  ATTORNEY  GENERAL  OF THE UNITED
   26  STATES.
   27    (B) "COMPACT OFFICER" MEANS:
   28    1. WITH RESPECT TO THE FEDERAL GOVERNMENT, AN OFFICIAL  SO  DESIGNATED
   29  BY THE DIRECTOR OF THE FBI; AND
   30    2.  WITH  RESPECT  TO  A  PARTY  STATE, THE CHIEF ADMINISTRATOR OF THE
   31  STATE'S CRIMINAL HISTORY RECORD REPOSITORY OR A DESIGNEE  OF  THE  CHIEF
   32  ADMINISTRATOR WHO IS A REGULAR FULL-TIME EMPLOYEE OF THE REPOSITORY.
   33    (C) "COUNCIL" MEANS THE COMPACT COUNCIL ESTABLISHED UNDER ARTICLE VI.
   34    (D) "CRIMINAL HISTORY RECORDS":
   35    1.  MEANS  INFORMATION COLLECTED BY CRIMINAL JUSTICE AGENCIES ON INDI-
   36  VIDUALS  CONSISTING  OF  IDENTIFIABLE  DESCRIPTIONS  AND  NOTATIONS   OF
   37  ARRESTS,  DETENTIONS, INDICTMENTS, OR OTHER FORMAL CRIMINAL CHARGES, AND
   38  ANY DISPOSITION  ARISING  THEREFROM,  INCLUDING  ACQUITTAL,  SENTENCING,
   39  CORRECTIONAL SUPERVISION, OR RELEASE; AND
   40    2.  DOES  NOT  INCLUDE  IDENTIFICATION INFORMATION SUCH AS FINGERPRINT
   41  RECORDS IF SUCH INFORMATION DOES NOT INDICATE INVOLVEMENT OF  THE  INDI-
   42  VIDUAL WITH THE CRIMINAL JUSTICE SYSTEM.
   43    (E) "CRIMINAL HISTORY RECORD REPOSITORY" MEANS THE STATE AGENCY DESIG-
   44  NATED  BY  THE  GOVERNOR  OR OTHER APPROPRIATE EXECUTIVE OFFICIAL OR THE
   45  LEGISLATURE OF A STATE TO PERFORM  CENTRALIZED  RECORDKEEPING  FUNCTIONS
   46  FOR CRIMINAL HISTORY RECORDS AND SERVICES IN THE STATE.
   47    (F)  "CRIMINAL JUSTICE" INCLUDES ACTIVITIES RELATING TO THE DETECTION,
   48  APPREHENSION, DETENTION, PRETRIAL RELEASE,  POST-TRIAL  RELEASE,  PROSE-
   49  CUTION,  ADJUDICATION,  CORRECTIONAL  SUPERVISION,  OR REHABILITATION OF
   50  ACCUSED PERSONS OR CRIMINAL OFFENDERS. THE  ADMINISTRATION  OF  CRIMINAL
   51  JUSTICE  INCLUDES CRIMINAL IDENTIFICATION ACTIVITIES AND THE COLLECTION,
   52  STORAGE, AND DISSEMINATION OF CRIMINAL HISTORY RECORDS.
       S. 2605--A                         13                         A. 3005--A
    1    (G) "CRIMINAL JUSTICE AGENCY":
    2    1. MEANS:
    3    A. COURTS; AND
    4    B. A GOVERNMENTAL AGENCY OR ANY SUBUNIT THEREOF THAT:
    5    (I)  PERFORMS  THE  ADMINISTRATION  OF  CRIMINAL JUSTICE PURSUANT TO A
    6  STATUTE OR EXECUTIVE ORDER; AND
    7    (II) ALLOCATES A SUBSTANTIAL PART OF ITS ANNUAL BUDGET TO THE ADMINIS-
    8  TRATION OF CRIMINAL JUSTICE; AND
    9    2. INCLUDES FEDERAL AND STATE INSPECTORS GENERAL OFFICES.
   10    (H) "CRIMINAL JUSTICE SERVICES" MEANS SERVICES PROVIDED BY THE FBI  TO
   11  CRIMINAL JUSTICE AGENCIES IN RESPONSE TO A REQUEST FOR INFORMATION ABOUT
   12  A  PARTICULAR  INDIVIDUAL  OR  AS  AN  UPDATE  TO INFORMATION PREVIOUSLY
   13  PROVIDED FOR CRIMINAL JUSTICE PURPOSES.
   14    (I) "CRITERION OFFENSE" MEANS ANY FELONY OR  MISDEMEANOR  OFFENSE  NOT
   15  INCLUDED  ON  THE  LIST OF NONSERIOUS OFFENSES PUBLISHED PERIODICALLY BY
   16  THE FBI.
   17    (J) "DIRECT ACCESS" MEANS ACCESS TO THE NATIONAL IDENTIFICATION  INDEX
   18  BY  COMPUTER TERMINAL OR OTHER AUTOMATED MEANS NOT REQUIRING THE ASSIST-
   19  ANCE OF OR INTERVENTION BY ANY OTHER PARTY OR AGENCY.
   20    (K) "EXECUTIVE ORDER" MEANS AN ORDER OF THE PRESIDENT  OF  THE  UNITED
   21  STATES  OR  THE CHIEF EXECUTIVE OFFICER OF A STATE THAT HAS THE FORCE OF
   22  LAW AND THAT IS PROMULGATED IN ACCORDANCE WITH APPLICABLE LAW.
   23    (L) "FBI" MEANS THE FEDERAL BUREAU OF INVESTIGATION.
   24    (M) "INTERSTATE IDENTIFICATION INDEX SYSTEM" OR "III SYSTEM":
   25    1. MEANS THE COOPERATIVE FEDERAL-STATE  SYSTEM  FOR  THE  EXCHANGE  OF
   26  CRIMINAL HISTORY RECORDS; AND
   27    2.  INCLUDES  THE  NATIONAL IDENTIFICATION INDEX, THE NATIONAL FINGER-
   28  PRINT FILE AND, TO THE EXTENT OF THEIR PARTICIPATION IN SUCH SYSTEM, THE
   29  CRIMINAL HISTORY RECORD REPOSITORIES OF THE STATES AND THE FBI.
   30    (N) "NATIONAL FINGERPRINT FILE" MEANS A DATABASE OF  FINGERPRINTS,  OR
   31  OTHER UNIQUELY PERSONAL IDENTIFYING INFORMATION, RELATING TO AN ARRESTED
   32  OR  CHARGED  INDIVIDUAL  MAINTAINED BY THE FBI TO PROVIDE POSITIVE IDEN-
   33  TIFICATION OF RECORD SUBJECTS INDEXED IN THE III SYSTEM.
   34    (O) "NATIONAL IDENTIFICATION INDEX" MEANS AN INDEX MAINTAINED  BY  THE
   35  FBI  CONSISTING  OF  NAMES,  IDENTIFYING  NUMBERS, AND OTHER DESCRIPTIVE
   36  INFORMATION RELATING TO RECORD SUBJECTS ABOUT WHOM  THERE  ARE  CRIMINAL
   37  HISTORY RECORDS IN THE III SYSTEM.
   38    (P) "NATIONAL INDICES" MEANS THE NATIONAL IDENTIFICATION INDEX AND THE
   39  NATIONAL FINGERPRINT FILE.
   40    (Q) "NONPARTY STATE" MEANS A STATE THAT HAS NOT RATIFIED THIS COMPACT.
   41    (R)  "NONCRIMINAL  JUSTICE  PURPOSES"  MEANS  USES OF CRIMINAL HISTORY
   42  RECORDS FOR PURPOSES AUTHORIZED BY  FEDERAL  OR  STATE  LAW  OTHER  THAN
   43  PURPOSES  RELATING  TO CRIMINAL JUSTICE ACTIVITIES, INCLUDING EMPLOYMENT
   44  SUITABILITY, LICENSING DETERMINATIONS,  IMMIGRATION  AND  NATURALIZATION
   45  MATTERS, AND NATIONAL SECURITY CLEARANCES.
   46    (S) "PARTY STATE" MEANS A STATE THAT HAS RATIFIED THIS COMPACT.
   47    (T)  "POSITIVE  IDENTIFICATION"  MEANS  A  DETERMINATION, BASED UPON A
   48  COMPARISON OF FINGERPRINTS OR OTHER EQUALLY RELIABLE BIOMETRIC IDENTIFI-
   49  CATION TECHNIQUES, THAT THE SUBJECT OF  A  RECORD  SEARCH  IS  THE  SAME
   50  PERSON AS THE SUBJECT OF A CRIMINAL HISTORY RECORD OR RECORDS INDEXED IN
   51  THE  III  SYSTEM.  IDENTIFICATIONS  BASED  SOLELY  UPON  A COMPARISON OF
   52  SUBJECTS' NAMES OR OTHER  NONUNIQUE  IDENTIFICATION  CHARACTERISTICS  OR
   53  NUMBERS,  OR  COMBINATIONS  THEREOF, SHALL NOT CONSTITUTE POSITIVE IDEN-
   54  TIFICATION.
   55    (U) "SEALED RECORD INFORMATION" MEANS:
   56    1. WITH RESPECT TO ADULTS, THAT PORTION OF A RECORD THAT IS:
       S. 2605--A                         14                         A. 3005--A
    1    A. NOT AVAILABLE FOR CRIMINAL JUSTICE USES;
    2    B.  NOT  SUPPORTED BY FINGERPRINTS OR OTHER ACCEPTED MEANS OF POSITIVE
    3  IDENTIFICATION; OR
    4    C. SUBJECT TO RESTRICTIONS ON DISSEMINATION  FOR  NONCRIMINAL  JUSTICE
    5  PURPOSES  PURSUANT  TO  A COURT ORDER RELATED TO A PARTICULAR SUBJECT OR
    6  PURSUANT TO A FEDERAL OR STATE STATUTE THAT REQUIRES ACTION ON A SEALING
    7  PETITION FILED BY A PARTICULAR RECORD SUBJECT; AND
    8    2. WITH RESPECT TO JUVENILES, WHATEVER  EACH  STATE  DETERMINES  IS  A
    9  SEALED RECORD UNDER ITS OWN LAW AND PROCEDURE.
   10    (V)  "STATE"  MEANS  ANY STATE, TERRITORY, OR POSSESSION OF THE UNITED
   11  STATES, THE DISTRICT OF COLUMBIA, AND THE COMMONWEALTH OF PUERTO RICO.
   12                            ARTICLE II--PURPOSES
   13    THE PURPOSES OF THIS COMPACT ARE TO:
   14    (A) PROVIDE A LEGAL FRAMEWORK FOR THE ESTABLISHMENT OF  A  COOPERATIVE
   15  FEDERAL-STATE  SYSTEM  FOR  THE INTERSTATE AND FEDERAL-STATE EXCHANGE OF
   16  CRIMINAL HISTORY RECORDS FOR NONCRIMINAL JUSTICE USES;
   17    (B) REQUIRE THE FBI TO PERMIT USE OF THE NATIONAL IDENTIFICATION INDEX
   18  AND THE NATIONAL FINGERPRINT FILE BY EACH PARTY STATE, AND  TO  PROVIDE,
   19  IN  A  TIMELY  FASHION,  FEDERAL  AND  STATE CRIMINAL HISTORY RECORDS TO
   20  REQUESTING STATES, IN ACCORDANCE WITH THE TERMS OF THIS COMPACT AND WITH
   21  RULES, PROCEDURES, AND STANDARDS ESTABLISHED BY THE COUNCIL UNDER  ARTI-
   22  CLE VI;
   23    (C)  REQUIRE  PARTY  STATES TO PROVIDE INFORMATION AND RECORDS FOR THE
   24  NATIONAL IDENTIFICATION INDEX AND THE NATIONAL FINGERPRINT FILE  AND  TO
   25  PROVIDE  CRIMINAL  HISTORY  RECORDS,  IN  A  TIMELY FASHION, TO CRIMINAL
   26  HISTORY RECORD REPOSITORIES OF OTHER STATES AND THE  FEDERAL  GOVERNMENT
   27  FOR  NONCRIMINAL  JUSTICE PURPOSES, IN ACCORDANCE WITH THE TERMS OF THIS
   28  COMPACT AND WITH RULES, PROCEDURES, AND  STANDARDS  ESTABLISHED  BY  THE
   29  COUNCIL UNDER ARTICLE VI;
   30    (D)  PROVIDE  FOR THE ESTABLISHMENT OF A COUNCIL TO MONITOR III SYSTEM
   31  OPERATIONS AND TO PRESCRIBE SYSTEM RULES AND PROCEDURES FOR  THE  EFFEC-
   32  TIVE  AND  PROPER  OPERATION  OF  THE III SYSTEM FOR NONCRIMINAL JUSTICE
   33  PURPOSES; AND
   34    (E) REQUIRE THE FBI AND EACH PARTY STATE TO ADHERE TO III SYSTEM STAN-
   35  DARDS CONCERNING RECORD DISSEMINATION AND USE,  RESPONSE  TIMES,  SYSTEM
   36  SECURITY,  DATA QUALITY, AND OTHER DULY ESTABLISHED STANDARDS, INCLUDING
   37  THOSE THAT ENHANCE THE ACCURACY AND PRIVACY OF SUCH RECORDS.
   38              ARTICLE III--RESPONSIBILITIES OF COMPACT PARTIES
   39    (A) THE DIRECTOR OF THE FBI SHALL:
   40    1. APPOINT AN FBI COMPACT OFFICER WHO SHALL:
   41    A. ADMINISTER THIS COMPACT WITHIN THE DEPARTMENT OF JUSTICE AND  AMONG
   42  FEDERAL AGENCIES AND OTHER AGENCIES AND ORGANIZATIONS THAT SUBMIT SEARCH
   43  REQUESTS TO THE FBI PURSUANT TO SUBDIVISION (C) OF THIS ARTICLE;
   44    B. ENSURE THAT COMPACT PROVISIONS AND RULES, PROCEDURES, AND STANDARDS
   45  PRESCRIBED  BY  THE  COUNCIL  UNDER  ARTICLE VI ARE COMPLIED WITH BY THE
   46  DEPARTMENT OF JUSTICE AND THE FEDERAL AGENCIES AND  OTHER  AGENCIES  AND
   47  ORGANIZATIONS REFERRED TO IN SUBPARAGRAPH A OF PARAGRAPH ONE OF SUBDIVI-
   48  SION (A) OF THIS ARTICLE; AND
   49    C.  REGULATE  THE  USE  OF RECORDS RECEIVED BY MEANS OF THE III SYSTEM
   50  FROM PARTY STATES WHEN SUCH RECORDS ARE SUPPLIED BY THE FBI DIRECTLY  TO
   51  OTHER FEDERAL AGENCIES;
       S. 2605--A                         15                         A. 3005--A
    1    2.  PROVIDE  TO  FEDERAL AGENCIES AND TO STATE CRIMINAL HISTORY RECORD
    2  REPOSITORIES, CRIMINAL HISTORY RECORDS MAINTAINED IN  ITS  DATABASE  FOR
    3  THE NONCRIMINAL JUSTICE PURPOSES DESCRIBED IN ARTICLE IV, INCLUDING:
    4    A. INFORMATION FROM NONPARTY STATES; AND
    5    B.  INFORMATION  FROM  PARTY  STATES  THAT  IS  AVAILABLE FROM THE FBI
    6  THROUGH THE III SYSTEM, BUT  IS  NOT  AVAILABLE  FROM  THE  PARTY  STATE
    7  THROUGH THE III SYSTEM;
    8    C.  PROVIDE  A  TELECOMMUNICATIONS  NETWORK  AND  MAINTAIN CENTRALIZED
    9  FACILITIES FOR THE EXCHANGE OF CRIMINAL HISTORY RECORDS FOR BOTH  CRIMI-
   10  NAL  JUSTICE  PURPOSES AND THE NONCRIMINAL JUSTICE PURPOSES DESCRIBED IN
   11  ARTICLE IV, AND ENSURE THAT THE EXCHANGE OF SUCH  RECORDS  FOR  CRIMINAL
   12  JUSTICE  PURPOSES  HAS  PRIORITY  OVER  EXCHANGE FOR NONCRIMINAL JUSTICE
   13  PURPOSES; AND
   14    D. MODIFY OR ENTER INTO USER AGREEMENTS WITH NONPARTY  STATE  CRIMINAL
   15  HISTORY  RECORD REPOSITORIES TO REQUIRE THEM TO ESTABLISH RECORD REQUEST
   16  PROCEDURES CONFORMING TO THOSE PRESCRIBED IN ARTICLE V.
   17    (B) EACH PARTY STATE SHALL:
   18    1. APPOINT A COMPACT OFFICER WHO SHALL:
   19    A. ADMINISTER THIS COMPACT WITHIN THAT STATE;
   20    B. ENSURE THAT COMPACT PROVISIONS AND RULES, PROCEDURES, AND STANDARDS
   21  ESTABLISHED BY THE COUNCIL UNDER ARTICLE VI ARE  COMPLIED  WITH  IN  THE
   22  STATE; AND
   23    C.  REGULATE  THE IN-STATE USE OF RECORDS RECEIVED BY MEANS OF THE III
   24  SYSTEM FROM THE FBI OR FROM OTHER PARTY STATES;
   25    2. ESTABLISH AND MAINTAIN A CRIMINAL HISTORY RECORD REPOSITORY,  WHICH
   26  SHALL PROVIDE:
   27    A.  INFORMATION  AND RECORDS FOR THE NATIONAL IDENTIFICATION INDEX AND
   28  THE NATIONAL FINGERPRINT FILE; AND
   29    B.  THE  STATE'S  III  SYSTEM-INDEXED  CRIMINAL  HISTORY  RECORDS  FOR
   30  NONCRIMINAL JUSTICE PURPOSES DESCRIBED IN ARTICLE IV; AND
   31    C. PARTICIPATE IN THE NATIONAL FINGERPRINT FILE; AND
   32    D. PROVIDE AND MAINTAIN TELECOMMUNICATIONS LINKS AND RELATED EQUIPMENT
   33  NECESSARY TO SUPPORT THE SERVICES SET FORTH IN THIS COMPACT.
   34    (C)  COMPLIANCE  WITH  III  SYSTEM  STANDARDS.   IN CARRYING OUT THEIR
   35  RESPONSIBILITIES UNDER THIS COMPACT, THE FBI AND EACH PARTY STATE  SHALL
   36  COMPLY WITH III SYSTEM RULES, PROCEDURES, AND STANDARDS DULY ESTABLISHED
   37  BY  THE COUNCIL CONCERNING RECORD DISSEMINATION AND USE, RESPONSE TIMES,
   38  DATA QUALITY, SYSTEM SECURITY, ACCURACY, PRIVACY PROTECTION,  AND  OTHER
   39  ASPECTS OF III SYSTEM OPERATION.
   40    (D)  1. USE OF THE III SYSTEM FOR NONCRIMINAL JUSTICE PURPOSES AUTHOR-
   41  IZED IN THIS COMPACT SHALL BE MANAGED SO AS NOT TO DIMINISH THE LEVEL OF
   42  SERVICES PROVIDED IN SUPPORT OF CRIMINAL JUSTICE PURPOSES.
   43    2. ADMINISTRATION OF COMPACT PROVISIONS SHALL NOT REDUCE THE LEVEL  OF
   44  SERVICE  AVAILABLE TO AUTHORIZED NONCRIMINAL JUSTICE USERS ON THE EFFEC-
   45  TIVE DATE OF THIS COMPACT.
   46                  ARTICLE IV--AUTHORIZED RECORD DISCLOSURES
   47    (A) STATE CRIMINAL HISTORY RECORD REPOSITORIES.  TO THE EXTENT AUTHOR-
   48  IZED BY SECTION FIVE HUNDRED FIFTY-TWO-A OF TITLE  FIVE  OF  THE  UNITED
   49  STATES  CODE,  (COMMONLY  KNOWN  AS  THE "PRIVACY ACT OF 1974"), THE FBI
   50  SHALL PROVIDE ON REQUEST  CRIMINAL  HISTORY  RECORDS  (EXCLUDING  SEALED
   51  RECORDS)  TO  STATE CRIMINAL HISTORY RECORD REPOSITORIES FOR NONCRIMINAL
   52  JUSTICE PURPOSES ALLOWED BY FEDERAL STATUTE, FEDERAL EXECUTIVE ORDER, OR
   53  A STATE STATUTE THAT HAS BEEN APPROVED BY THE ATTORNEY GENERAL AND  THAT
   54  AUTHORIZES NATIONAL INDICES CHECKS.
       S. 2605--A                         16                         A. 3005--A
    1    (B)  THE  FBI,  TO  THE  EXTENT  AUTHORIZED  BY  SECTION  FIVE HUNDRED
    2  FIFTY-TWO-A OF TITLE FIVE OF THE UNITED STATES CODE, (COMMONLY KNOWN  AS
    3  THE  "PRIVACY ACT OF 1974"), AND STATE CRIMINAL HISTORY RECORD REPOSITO-
    4  RIES SHALL PROVIDE CRIMINAL HISTORY RECORDS (EXCLUDING  SEALED  RECORDS)
    5  TO  CRIMINAL  JUSTICE AGENCIES AND OTHER GOVERNMENTAL OR NONGOVERNMENTAL
    6  AGENCIES FOR NONCRIMINAL JUSTICE PURPOSES ALLOWED  BY  FEDERAL  STATUTE,
    7  FEDERAL  EXECUTIVE  ORDER,  OR A STATE STATUTE THAT HAS BEEN APPROVED BY
    8  THE ATTORNEY GENERAL, THAT AUTHORIZES NATIONAL INDICES CHECKS.
    9    (C) ANY RECORD OBTAINED UNDER THIS COMPACT MAY BE USED  ONLY  FOR  THE
   10  OFFICIAL PURPOSES FOR WHICH THE RECORD WAS REQUESTED. EACH COMPACT OFFI-
   11  CER  SHALL  ESTABLISH PROCEDURES, CONSISTENT WITH THIS COMPACT, AND WITH
   12  RULES, PROCEDURES, AND STANDARDS ESTABLISHED BY THE COUNCIL UNDER  ARTI-
   13  CLE  VI,  WHICH PROCEDURES SHALL PROTECT THE ACCURACY AND PRIVACY OF THE
   14  RECORDS, AND SHALL:
   15    1. ENSURE THAT RECORDS OBTAINED UNDER THIS COMPACT ARE  USED  ONLY  BY
   16  AUTHORIZED OFFICIALS FOR AUTHORIZED PURPOSES;
   17    2.  REQUIRE  THAT  SUBSEQUENT  RECORD  CHECKS  ARE REQUESTED TO OBTAIN
   18  CURRENT INFORMATION WHENEVER A NEW NEED ARISES; AND
   19    3. ENSURE THAT RECORD ENTRIES THAT MAY  NOT  LEGALLY  BE  USED  FOR  A
   20  PARTICULAR  NONCRIMINAL  JUSTICE  PURPOSE  ARE DELETED FROM THE RESPONSE
   21  AND, IF NO INFORMATION AUTHORIZED FOR RELEASE  REMAINS,  AN  APPROPRIATE
   22  "NO RECORD" RESPONSE IS COMMUNICATED TO THE REQUESTING OFFICIAL.
   23                    ARTICLE V--RECORD REQUEST PROCEDURES
   24    (A) SUBJECT FINGERPRINTS OR OTHER APPROVED FORMS OF POSITIVE IDENTIFI-
   25  CATION  SHALL BE SUBMITTED WITH ALL REQUESTS FOR CRIMINAL HISTORY RECORD
   26  CHECKS FOR NONCRIMINAL JUSTICE PURPOSES.
   27    (B) EACH REQUEST FOR A CRIMINAL HISTORY  RECORD  CHECK  UTILIZING  THE
   28  NATIONAL  INDICES MADE UNDER ANY APPROVED STATE STATUTE SHALL BE SUBMIT-
   29  TED THROUGH THAT STATE'S CRIMINAL HISTORY  RECORD  REPOSITORY.  A  STATE
   30  CRIMINAL  HISTORY  RECORD REPOSITORY SHALL PROCESS AN INTERSTATE REQUEST
   31  FOR NONCRIMINAL JUSTICE PURPOSES THROUGH THE NATIONAL  INDICES  ONLY  IF
   32  SUCH  REQUEST  IS  TRANSMITTED  THROUGH  ANOTHER  STATE CRIMINAL HISTORY
   33  RECORD REPOSITORY OR THE FBI.
   34    (C) EACH REQUEST FOR CRIMINAL  HISTORY  RECORD  CHECKS  UTILIZING  THE
   35  NATIONAL INDICES MADE UNDER FEDERAL AUTHORITY SHALL BE SUBMITTED THROUGH
   36  THE  FBI OR, IF THE STATE CRIMINAL HISTORY RECORD REPOSITORY CONSENTS TO
   37  PROCESS FINGERPRINT SUBMISSIONS, THROUGH  THE  CRIMINAL  HISTORY  RECORD
   38  REPOSITORY  IN THE STATE IN WHICH SUCH REQUEST ORIGINATED. DIRECT ACCESS
   39  TO THE NATIONAL IDENTIFICATION INDEX BY ENTITIES OTHER THAN THE FBI  AND
   40  STATE  CRIMINAL  HISTORY RECORDS REPOSITORIES SHALL NOT BE PERMITTED FOR
   41  NONCRIMINAL JUSTICE PURPOSES.
   42    (D) A STATE CRIMINAL HISTORY RECORD REPOSITORY OR THE FBI:
   43    1. MAY CHARGE A FEE, IN ACCORDANCE WITH APPLICABLE LAW, FOR HANDLING A
   44  REQUEST  INVOLVING  FINGERPRINT  PROCESSING  FOR   NONCRIMINAL   JUSTICE
   45  PURPOSES; AND
   46    2.  MAY  NOT  CHARGE  A  FEE FOR PROVIDING CRIMINAL HISTORY RECORDS IN
   47  RESPONSE TO AN ELECTRONIC REQUEST FOR A RECORD THAT DOES NOT  INVOLVE  A
   48  REQUEST TO PROCESS FINGERPRINTS.
   49    (E) 1. IF A STATE CRIMINAL HISTORY RECORD REPOSITORY CANNOT POSITIVELY
   50  IDENTIFY  THE  SUBJECT  OF A RECORD REQUEST MADE FOR NONCRIMINAL JUSTICE
   51  PURPOSES, THE REQUEST, TOGETHER  WITH  FINGERPRINTS  OR  OTHER  APPROVED
   52  IDENTIFYING  INFORMATION,  SHALL BE FORWARDED TO THE FBI FOR A SEARCH OF
   53  THE NATIONAL INDICES.
       S. 2605--A                         17                         A. 3005--A
    1    2. IF, WITH RESPECT TO A REQUEST FORWARDED BY A STATE CRIMINAL HISTORY
    2  RECORD REPOSITORY UNDER PARAGRAPH ONE OF THIS SUBDIVISION, THE FBI POSI-
    3  TIVELY IDENTIFIES THE SUBJECT AS HAVING A III SYSTEM-INDEXED  RECORD  OR
    4  RECORDS:
    5    A. THE FBI SHALL SO ADVISE THE STATE CRIMINAL HISTORY RECORD REPOSITO-
    6  RY; AND
    7    B.  THE  STATE CRIMINAL HISTORY RECORD REPOSITORY SHALL BE ENTITLED TO
    8  OBTAIN THE ADDITIONAL CRIMINAL HISTORY RECORD INFORMATION FROM  THE  FBI
    9  OR OTHER STATE CRIMINAL HISTORY RECORD REPOSITORIES.
   10                ARTICLE VI--ESTABLISHMENT OF COMPACT COUNCIL
   11    (A)  1.  IN GENERAL, THERE IS ESTABLISHED A COUNCIL TO BE KNOWN AS THE
   12  "COMPACT COUNCIL", WHICH SHALL HAVE THE AUTHORITY  TO  PROMULGATE  RULES
   13  AND  PROCEDURES  GOVERNING  THE  USE  OF  THE III SYSTEM FOR NONCRIMINAL
   14  JUSTICE PURPOSES, NOT TO CONFLICT WITH FBI  ADMINISTRATION  OF  THE  III
   15  SYSTEM FOR CRIMINAL JUSTICE PURPOSES.
   16    2. THE COUNCIL SHALL:
   17    A. CONTINUE IN EXISTENCE AS LONG AS THIS COMPACT REMAINS IN EFFECT;
   18    B. BE LOCATED, FOR ADMINISTRATIVE PURPOSES, WITHIN THE FBI; AND
   19    C.  BE  ORGANIZED  AND  HOLD  ITS FIRST MEETING AS SOON AS PRACTICABLE
   20  AFTER THE EFFECTIVE DATE OF THIS COMPACT.
   21    (B) THE COUNCIL SHALL BE COMPOSED OF FIFTEEN  MEMBERS,  EACH  OF  WHOM
   22  SHALL BE APPOINTED BY THE ATTORNEY GENERAL, AS FOLLOWS:
   23    1.  NINE  MEMBERS, EACH OF WHOM SHALL SERVE A TWO-YEAR TERM, WHO SHALL
   24  BE SELECTED FROM AMONG THE COMPACT OFFICERS OF PARTY STATES BASED ON THE
   25  RECOMMENDATION OF THE COMPACT OFFICERS OF ALL PARTY STATES, EXCEPT THAT,
   26  IN THE ABSENCE OF THE REQUISITE NUMBER OF COMPACT OFFICERS AVAILABLE  TO
   27  SERVE, THE CHIEF ADMINISTRATORS OF THE CRIMINAL HISTORY RECORD REPOSITO-
   28  RIES OF NONPARTY STATES SHALL BE ELIGIBLE TO SERVE ON AN INTERIM BASIS.
   29    2. TWO AT-LARGE MEMBERS, NOMINATED BY THE DIRECTOR OF THE FBI, EACH OF
   30  WHOM SHALL SERVE A THREE-YEAR TERM, OF WHOM:
   31    A.  ONE  SHALL BE A REPRESENTATIVE OF THE CRIMINAL JUSTICE AGENCIES OF
   32  THE FEDERAL GOVERNMENT AND MAY NOT BE AN EMPLOYEE OF THE FBI; AND
   33    B. ONE SHALL BE A REPRESENTATIVE OF THE NONCRIMINAL  JUSTICE  AGENCIES
   34  OF THE FEDERAL GOVERNMENT.
   35    3.  TWO  AT-LARGE  MEMBERS,  NOMINATED BY THE CHAIRMAN OF THE COUNCIL,
   36  ONCE THE CHAIRMAN IS ELECTED PURSUANT TO SUBDIVISION (C) OF  THIS  ARTI-
   37  CLE, EACH OF WHOM SHALL SERVE A THREE-YEAR TERM, OF WHOM:
   38    A.  ONE  SHALL  BE A REPRESENTATIVE OF STATE OR LOCAL CRIMINAL JUSTICE
   39  AGENCIES; AND
   40    B. ONE SHALL BE A REPRESENTATIVE OF STATE OR LOCAL NONCRIMINAL JUSTICE
   41  AGENCIES.
   42    4. ONE MEMBER, WHO SHALL SERVE A THREE-YEAR TERM, AND WHO SHALL SIMUL-
   43  TANEOUSLY BE A MEMBER OF THE FBI'S ADVISORY  POLICY  BOARD  ON  CRIMINAL
   44  JUSTICE INFORMATION SERVICES, NOMINATED BY THE MEMBERSHIP OF THAT POLICY
   45  BOARD.
   46    5. ONE MEMBER, NOMINATED BY THE DIRECTOR OF THE FBI, WHO SHALL SERVE A
   47  THREE-YEAR TERM, AND WHO SHALL BE AN EMPLOYEE OF THE FBI.
   48    (C)  1.  IN  GENERAL,  FROM  ITS MEMBERSHIP, THE COUNCIL SHALL ELECT A
   49  CHAIRMAN AND A VICE CHAIRMAN OF  THE  COUNCIL,  RESPECTIVELY.  BOTH  THE
   50  CHAIRMAN AND VICE CHAIRMAN OF THE COUNCIL:
   51    A.  SHALL  BE A COMPACT OFFICER, UNLESS THERE IS NO COMPACT OFFICER ON
   52  THE COUNCIL WHO IS WILLING TO SERVE, IN WHICH CASE THE CHAIRMAN  MAY  BE
   53  AN AT-LARGE MEMBER; AND
       S. 2605--A                         18                         A. 3005--A
    1    B.  SHALL SERVE A TWO-YEAR TERM AND MAY BE REELECTED TO ONLY ONE ADDI-
    2  TIONAL TWO-YEAR TERM.
    3    2.    THE  VICE CHAIRMAN OF THE COUNCIL SHALL SERVE AS THE CHAIRMAN OF
    4  THE COUNCIL IN THE ABSENCE OF THE CHAIRMAN.
    5    (D) 1.  IN GENERAL, THE COUNCIL SHALL MEET AT LEAST ONCE EACH YEAR  AT
    6  THE  CALL  OF THE CHAIRMAN. EACH MEETING OF THE COUNCIL SHALL BE OPEN TO
    7  THE PUBLIC. THE COUNCIL SHALL PROVIDE PRIOR PUBLIC NOTICE IN THE FEDERAL
    8  REGISTER OF EACH MEETING OF THE COUNCIL, INCLUDING  THE  MATTERS  TO  BE
    9  ADDRESSED AT SUCH MEETING.
   10    2.    A  MAJORITY OF THE COUNCIL OR ANY COMMITTEE OF THE COUNCIL SHALL
   11  CONSTITUTE A QUORUM OF THE COUNCIL OR OF SUCH  COMMITTEE,  RESPECTIVELY,
   12  FOR  THE CONDUCT OF BUSINESS. A LESSER NUMBER MAY MEET TO HOLD HEARINGS,
   13  TAKE TESTIMONY, OR CONDUCT ANY BUSINESS NOT REQUIRING A VOTE.
   14    (E) THE COUNCIL SHALL MAKE AVAILABLE FOR PUBLIC INSPECTION AND COPYING
   15  AT THE COUNCIL OFFICE WITHIN THE FBI, AND SHALL PUBLISH IN  THE  FEDERAL
   16  REGISTER,  ANY  RULES, PROCEDURES, OR STANDARDS ESTABLISHED BY THE COUN-
   17  CIL.
   18    (F) THE COUNCIL MAY  REQUEST  FROM  THE  FBI  SUCH  REPORTS,  STUDIES,
   19  STATISTICS,  OR OTHER INFORMATION OR MATERIALS AS THE COUNCIL DETERMINES
   20  TO BE NECESSARY TO ENABLE THE COUNCIL TO PERFORM ITS DUTIES  UNDER  THIS
   21  COMPACT.  THE  FBI,  TO  THE  EXTENT AUTHORIZED BY LAW, MAY PROVIDE SUCH
   22  ASSISTANCE OR INFORMATION UPON SUCH A REQUEST.
   23    (G) THE CHAIRMAN MAY ESTABLISH COMMITTEES AS NECESSARY  TO  CARRY  OUT
   24  THIS  COMPACT  AND MAY PRESCRIBE THEIR MEMBERSHIP, RESPONSIBILITIES, AND
   25  DURATION.
   26                    ARTICLE VII--RATIFICATION OF COMPACT
   27    THIS COMPACT SHALL TAKE EFFECT UPON BEING ENTERED INTO BY TWO OR  MORE
   28  STATES  AS  BETWEEN THOSE STATES AND THE FEDERAL GOVERNMENT. UPON SUBSE-
   29  QUENT ENTERING INTO THIS COMPACT BY ADDITIONAL STATES, IT  SHALL  BECOME
   30  EFFECTIVE  AMONG  THOSE STATES AND THE FEDERAL GOVERNMENT AND EACH PARTY
   31  STATE THAT HAS PREVIOUSLY RATIFIED IT. WHEN RATIFIED, THIS COMPACT SHALL
   32  HAVE THE FULL FORCE AND EFFECT OF LAW  WITHIN  THE  RATIFYING  JURISDIC-
   33  TIONS.  THE FORM OF RATIFICATION SHALL BE IN ACCORDANCE WITH THE LAWS OF
   34  THE EXECUTING STATE.
   35                   ARTICLE VIII--MISCELLANEOUS PROVISIONS
   36    (A) ADMINISTRATION OF  THIS  COMPACT  SHALL  NOT  INTERFERE  WITH  THE
   37  MANAGEMENT  AND  CONTROL  OF  THE  DIRECTOR  OF  THE  FBI OVER THE FBI'S
   38  COLLECTION AND DISSEMINATION OF CRIMINAL HISTORY RECORDS AND  THE  ADVI-
   39  SORY  FUNCTION  OF  THE  FBI'S ADVISORY POLICY BOARD CHARTERED UNDER THE
   40  FEDERAL ADVISORY COMMITTEE ACT (5 U.S.C. APP.) FOR  ALL  PURPOSES  OTHER
   41  THAN NONCRIMINAL JUSTICE.
   42    (B)  NOTHING  IN  THIS  COMPACT  SHALL  REQUIRE THE FBI TO OBLIGATE OR
   43  EXPEND FUNDS BEYOND THOSE APPROPRIATED TO THE FBI.
   44    (C) NOTHING IN THIS COMPACT SHALL DIMINISH OR LESSEN THE  OBLIGATIONS,
   45  RESPONSIBILITIES, AND AUTHORITIES OF ANY STATE, WHETHER A PARTY STATE OR
   46  A  NONPARTY STATE, OR OF ANY CRIMINAL HISTORY RECORD REPOSITORY OR OTHER
   47  SUBDIVISION OR  COMPONENT  THEREOF,  UNDER  THE  DEPARTMENTS  OF  STATE,
   48  JUSTICE, AND COMMERCE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATION
   49  ACT, 1973 (PUBLIC LAW 92-544), OR REGULATIONS AND GUIDELINES PROMULGATED
   50  THEREUNDER,  INCLUDING THE RULES AND PROCEDURES PROMULGATED BY THE COUN-
   51  CIL UNDER SUBDIVISION (A) OF ARTICLE VI, REGARDING THE USE  AND  DISSEM-
   52  INATION OF CRIMINAL HISTORY RECORDS AND INFORMATION.
       S. 2605--A                         19                         A. 3005--A
    1                          ARTICLE IX--RENUNCIATION
    2    (A)  IN  GENERAL,  THIS  COMPACT  SHALL  BIND  EACH  PARTY STATE UNTIL
    3  RENOUNCED BY THE PARTY STATE.
    4    (B) ANY RENUNCIATION OF THIS COMPACT BY A PARTY STATE SHALL:
    5    1. BE EFFECTED IN THE SAME MANNER BY WHICH THE  PARTY  STATE  RATIFIED
    6  THIS COMPACT; AND
    7    2.  BECOME  EFFECTIVE  ONE HUNDRED EIGHTY DAYS AFTER WRITTEN NOTICE OF
    8  RENUNCIATION IS PROVIDED BY THE PARTY STATE TO EACH  OTHER  PARTY  STATE
    9  AND TO THE FEDERAL GOVERNMENT.
   10                           ARTICLE X--SEVERABILITY
   11    THE  PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE, AND IF ANY PHRASE,
   12  CLAUSE, SENTENCE, OR PROVISION OF THIS COMPACT IS DECLARED TO BE CONTRA-
   13  RY TO THE CONSTITUTION OF ANY PARTICIPATING STATE, OR TO  THE  CONSTITU-
   14  TION  OF  THE UNITED STATES, OR THE APPLICABILITY THEREOF TO ANY GOVERN-
   15  MENT, AGENCY, PERSON, OR CIRCUMSTANCE IS HELD INVALID, THE  VALIDITY  OF
   16  THE  REMAINDER  OF  THIS  COMPACT  AND  THE APPLICABILITY THEREOF TO ANY
   17  GOVERNMENT, AGENCY, PERSON, OR CIRCUMSTANCE SHALL NOT BE AFFECTED THERE-
   18  BY. IF A PORTION OF THIS COMPACT IS HELD CONTRARY TO THE CONSTITUTION OF
   19  ANY PARTY STATE, ALL OTHER PORTIONS OF THIS COMPACT SHALL REMAIN IN FULL
   20  FORCE AND EFFECT AS TO THE REMAINING PARTY STATES AND IN FULL FORCE  AND
   21  EFFECT AS TO THE PARTY STATE AFFECTED, AS TO ALL OTHER PROVISIONS.
   22                    ARTICLE XI--ADJUDICATION OF DISPUTES
   23    (A) THE COUNCIL SHALL:
   24    1.  HAVE  INITIAL AUTHORITY TO MAKE DETERMINATIONS WITH RESPECT TO ANY
   25  DISPUTE REGARDING:
   26    A. INTERPRETATION OF THIS COMPACT;
   27    B. ANY RULE OR STANDARD ESTABLISHED BY THE COUNCIL PURSUANT TO ARTICLE
   28  V; AND
   29    C. ANY DISPUTE OR CONTROVERSY BETWEEN ANY PARTIES TO THIS COMPACT; AND
   30    2. HOLD A HEARING CONCERNING ANY DISPUTE DESCRIBED IN PARAGRAPH ONE OF
   31  THIS SUBDIVISION AT A REGULARLY SCHEDULED MEETING  OF  THE  COUNCIL  AND
   32  ONLY  RENDER A DECISION BASED UPON A MAJORITY VOTE OF THE MEMBERS OF THE
   33  COUNCIL.  SUCH DECISION SHALL BE PUBLISHED PURSUANT TO THE  REQUIREMENTS
   34  OF SUBDIVISION (E) OF ARTICLE VI.
   35    (B)  THE FBI SHALL EXERCISE IMMEDIATE AND NECESSARY ACTION TO PRESERVE
   36  THE INTEGRITY OF THE III SYSTEM, MAINTAIN SYSTEM POLICY  AND  STANDARDS,
   37  PROTECT  THE  ACCURACY  AND  PRIVACY  OF RECORDS, AND TO PREVENT ABUSES,
   38  UNTIL THE COUNCIL HOLDS A HEARING ON SUCH MATTERS.
   39    (C) THE FBI OR A PARTY STATE MAY APPEAL ANY DECISION OF THE COUNCIL TO
   40  THE ATTORNEY GENERAL, AND THEREAFTER MAY FILE SUIT  IN  THE  APPROPRIATE
   41  DISTRICT COURT OF THE UNITED STATES, WHICH SHALL HAVE ORIGINAL JURISDIC-
   42  TION OF ALL CASES OR CONTROVERSIES ARISING UNDER THIS COMPACT.  ANY SUIT
   43  ARISING  UNDER  THIS  COMPACT  AND  INITIATED  IN A STATE COURT SHALL BE
   44  REMOVED TO THE APPROPRIATE DISTRICT COURT OF THE UNITED  STATES  IN  THE
   45  MANNER   PROVIDED   BY  SECTION  FOURTEEN  HUNDRED  FORTY-SIX  OF  TITLE
   46  TWENTY-EIGHT OF THE UNITED STATES CODE, OR OTHER STATUTORY AUTHORITY.
   47    S 2. This act shall take effect immediately.
   48                                   PART E
       S. 2605--A                         20                         A. 3005--A
    1    Section 1. Section 2 of chapter 887 of the laws of 1983, amending  the
    2  correction  law  relating to the psychological testing of candidates, as
    3  amended by section 1 of part A of chapter 57 of the  laws  of  2011,  is
    4  amended to read as follows:
    5    S 2. This act shall take effect on the one hundred eightieth day after
    6  it  shall  have become a law [and shall remain in effect until September
    7  1, 2013].
    8    S 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
    9  tive law and the  criminal  procedure  law  relating  to  expanding  the
   10  geographic  area of employment of certain police officers, as amended by
   11  section 2 of part A of chapter 57 of the laws of  2011,  is  amended  to
   12  read as follows:
   13    S  3.  This  act  shall  take effect on the first day of November next
   14  succeeding the date on which it shall  have  become  a  law,  and  shall
   15  remain  in effect until the first day of September, [2013] 2015, when it
   16  shall expire and be deemed repealed.
   17    S 3. Section 3 of chapter 886  of  the  laws  of  1972,  amending  the
   18  correction  law  and  the  penal  law  relating to prisoner furloughs in
   19  certain cases and the crime  of  absconding  therefrom,  as  amended  by
   20  section  3  of  part  A of chapter 57 of the laws of 2011, is amended to
   21  read as follows:
   22    S 3. This act shall take effect 60 days after it shall have  become  a
   23  law [and shall remain in effect until September 1, 2013].
   24    S  4. Section 20 of chapter 261 of the laws of 1987, amending chapters
   25  50, 53 and 54 of the laws of 1987, the correction law, the penal law and
   26  other chapters and laws relating to correctional facilities, as  amended
   27  by  section 4 of part A of chapter 57 of the laws of 2011, is amended to
   28  read as follows:
   29    S 20. This act shall take  effect  immediately  [except  that  section
   30  thirteen  of  this act shall expire and be of no further force or effect
   31  on and after September 1, 2013] and shall not apply to persons committed
   32  to the custody of the department after such date, and  provided  further
   33  that the commissioner of correctional services shall report each January
   34  first  and July first during such time as the earned eligibility program
   35  is in effect, to the chairmen of the senate  crime  victims,  crime  and
   36  correction   committee,   the   senate  codes  committee,  the  assembly
   37  correction committee, and the assembly codes committee, the standards in
   38  effect for earned eligibility during the  prior  six-month  period,  the
   39  number  of  inmates subject to the provisions of earned eligibility, the
   40  number who actually received certificates of earned  eligibility  during
   41  that  period  of  time,  the number of inmates with certificates who are
   42  granted parole upon their first consideration  for  parole,  the  number
   43  with  certificates who are denied parole upon their first consideration,
   44  and the number of individuals granted and denied parole who did not have
   45  earned eligibility certificates.
   46    S 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
   47  amending the tax law and other laws relating to taxes, surcharges,  fees
   48  and funding, as amended by section 5 of part A of chapter 57 of the laws
   49  of 2011, is amended to read as follows:
   50    (q)  the  provisions  of  section  two hundred eighty-four of this act
   51  shall remain in effect until September 1, [2013] 2015 and be  applicable
   52  to all persons entering the program on or before August 31, [2013] 2015.
   53    S  6.  Section  10  of  chapter  339 of the laws of 1972, amending the
   54  correction law and the  penal  law  relating  to  inmate  work  release,
   55  furlough  and  leave, as amended by section 6 of part A of chapter 57 of
   56  the laws of 2011, is amended to read as follows:
       S. 2605--A                         21                         A. 3005--A
    1    S 10. This act shall take effect 30 days after it shall have become  a
    2  law  [and  shall remain in effect until September 1, 2013], and provided
    3  further that the commissioner of correctional services shall report each
    4  January first, and July first, to  the  chairman  of  the  senate  crime
    5  victims, crime and correction committee, the senate codes committee, the
    6  assembly  correction  committee,  and  the assembly codes committee, the
    7  number of eligible inmates  in  each  facility  under  the  custody  and
    8  control  of  the  commissioner who have applied for participation in any
    9  program offered under the  provisions  of  work  release,  furlough,  or
   10  leave, and the number of such inmates who have been approved for partic-
   11  ipation.
   12    S  7.  Subdivision (c) of section 46 of chapter 60 of the laws of 1994
   13  relating to certain provisions which impact upon expenditure of  certain
   14  appropriations made by chapter 50 of the laws of 1994 enacting the state
   15  operations  budget,  as  amended by section 7 of part A of chapter 57 of
   16  the laws of 2011, is amended to read as follows:
   17    (c) sections forty-one and forty-two of this act [shall expire Septem-
   18  ber 1, 2013; provided, that the provisions of section forty-two of  this
   19  act]  shall  apply  to  inmates  entering the work release program on or
   20  after such effective date; and
   21    S 8.  Subdivision h of section 74 of chapter 3 of the  laws  of  1995,
   22  amending the correction law and other laws relating to the incarceration
   23  fee,  as  amended  by  section  9 of part A of chapter 57 of the laws of
   24  2011, is amended to read as follows:
   25    h. Section fifty-two of this act shall be deemed to have been in  full
   26  force and effect on and after April 1, 1995; provided, however, that the
   27  provisions  of  section 189 of the correction law, as amended by section
   28  fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
   29  as amended by section fifty-six of this act, and section fifty-seven  of
   30  this  act shall expire September 1, [2013] 2015, when upon such date the
   31  amendments to the correction law and penal law made by  sections  fifty-
   32  five  and  fifty-six  of  this act shall revert to and be read as if the
   33  provisions of this act had not been  enacted;  provided,  however,  that
   34  sections  sixty-two,  sixty-three  and  sixty-four  of this act shall be
   35  deemed to have been in full force and effect on and after March 1,  1995
   36  and  shall  be  deemed  repealed  April  1,  1996 and upon such date the
   37  provisions of subsection (e) of section 9110 of the  insurance  law  and
   38  subdivision  2  of section 89-d of the state finance law shall revert to
   39  and be read as set out in law on  the  date  immediately  preceding  the
   40  effective date of sections sixty-two and sixty-three of this act;
   41    S 9. Subdivision (z) of section 427 of chapter 55 of the laws of 1992,
   42  amending  the tax law and other laws relating to taxes, surcharges, fees
   43  and funding, as amended by section 10 of part A of  chapter  57  of  the
   44  laws of 2011, is amended to read as follows:
   45    (z)  the  provisions  of  section three hundred eighty-one of this act
   46  shall apply to all persons supervised by the department  of  corrections
   47  and  community  supervision  on or after the effective date of this act,
   48  provided however, that subdivision 9 of section 259-a of  the  executive
   49  law,  as  added  by  section three hundred eighty-one of this act, shall
   50  expire on September 1, [2013] 2015;
   51    S 10. Subdivision (aa) of section 427 of chapter 55  of  the  laws  of
   52  1992, amending the tax law and other laws relating to taxes, surcharges,
   53  fees  and  funding,  as amended by section 11 of part A of chapter 57 of
   54  the laws of 2011, is amended to read as follows:
       S. 2605--A                         22                         A. 3005--A
    1    (aa) the  provisions  of  sections  three  hundred  eighty-two,  three
    2  hundred  eighty-three  and  three  hundred eighty-four of this act shall
    3  expire on September 1, [2013] 2015;
    4    S  11.  Section  12  of  chapter 907 of the laws of 1984, amending the
    5  correction law, the New York city criminal court act and  the  executive
    6  law  relating  to  prison and jail housing and alternatives to detention
    7  and incarceration programs, as amended by section 12 of part A of  chap-
    8  ter 57 of the laws of 2011, is amended to read as follows:
    9    S  12.  This  act  shall  take  effect  immediately,  except  that the
   10  provisions of sections one through ten of this act shall remain in  full
   11  force  and  effect  until  September  1, [2013] 2015 on which date those
   12  provisions shall be deemed to be repealed.
   13    S 12.  Subdivision (p) of section 406 of chapter 166 of  the  laws  of
   14  1991,  amending the tax law and other laws relating to taxes, as amended
   15  by section 13 of part A of chapter 57 of the laws of 2011, is amended to
   16  read as follows:
   17    (p) The amendments to section 1809 of the vehicle and traffic law made
   18  by sections three hundred thirty-seven and three hundred thirty-eight of
   19  this act shall not apply to any offense committed prior to  such  effec-
   20  tive  date;  provided,  further, that section three hundred forty-one of
   21  this act shall take effect immediately and shall expire November 1, 1993
   22  at which time it  shall  be  deemed  repealed;  sections  three  hundred
   23  forty-five  and  three  hundred  forty-six of this act shall take effect
   24  July 1, 1991; sections three hundred fifty-five,  three  hundred  fifty-
   25  six,  three hundred fifty-seven and three hundred fifty-nine of this act
   26  shall take effect immediately and shall expire June 30, 1995  and  shall
   27  revert to and be read as if this act had not been enacted; section three
   28  hundred  fifty-eight of this act shall take effect immediately and shall
   29  expire June 30, 1998 and shall revert to and be read as if this act  had
   30  not been enacted; section three hundred sixty-four through three hundred
   31  sixty-seven  of  this  act  shall apply to claims filed on or after such
   32  effective date; sections three hundred sixty-nine, three hundred  seven-
   33  ty-two,  three  hundred seventy-three, three hundred seventy-four, three
   34  hundred seventy-five and three hundred seventy-six  of  this  act  shall
   35  remain  in  effect  until  September  1, [2013] 2015, at which time they
   36  shall  be  deemed  repealed;  provided,  however,  that  the   mandatory
   37  surcharge  provided  in  section  three hundred seventy-four of this act
   38  shall apply to parking violations occurring on or after  said  effective
   39  date;  and  provided  further that the amendments made to section 235 of
   40  the vehicle and traffic law by section three hundred seventy-two of this
   41  act, the amendments made to section 1809 of the vehicle and traffic  law
   42  by sections three hundred thirty-seven and three hundred thirty-eight of
   43  this  act  and  the amendments made to section 215-a of the labor law by
   44  section three hundred seventy-five of this act shall expire on September
   45  1, [2013] 2015 and upon such date the provisions  of  such  subdivisions
   46  and  sections  shall  revert to and be read as if the provisions of this
   47  act had not been enacted; the amendments to  subdivisions  2  and  3  of
   48  section  400.05 of the penal law made by sections three hundred seventy-
   49  seven and three hundred seventy-eight of this act shall expire  on  July
   50  1,  1992  and  upon  such date the provisions of such subdivisions shall
   51  revert and shall be read as if the provisions of this act had  not  been
   52  enacted;  the  state board of law examiners shall take such action as is
   53  necessary to assure that all applicants for examination for admission to
   54  practice as an attorney and counsellor at law shall  pay  the  increased
   55  examination fee provided for by the amendment made to section 465 of the
   56  judiciary  law by section three hundred eighty of this act for any exam-
       S. 2605--A                         23                         A. 3005--A
    1  ination given on or after the effective date of this act notwithstanding
    2  that an applicant for such examination may have prepaid a lesser fee for
    3  such examination as required by the provisions of such section 465 as of
    4  the  date  prior  to  the  effective date of this act; the provisions of
    5  section 306-a of the civil practice law and rules as  added  by  section
    6  three  hundred eighty-one of this act shall apply to all actions pending
    7  on or commenced on or after September 1, 1991, provided,  however,  that
    8  for  the  purposes of this section service of such summons made prior to
    9  such date shall be deemed to have been completed on September  1,  1991;
   10  the  provisions  of section three hundred eighty-three of this act shall
   11  apply to all money deposited  in  connection  with  a  cash  bail  or  a
   12  partially  secured  bail  bond  on or after such effective date; and the
   13  provisions of sections  three  hundred  eighty-four  and  three  hundred
   14  eighty-five  of  this  act  shall  apply  only to jury service commenced
   15  during a judicial term beginning on or after the effective date of  this
   16  act; provided, however, that nothing contained herein shall be deemed to
   17  affect  the  application,  qualification,  expiration  or  repeal of any
   18  provision of law amended by any section of this act and such  provisions
   19  shall  be  applied or qualified or shall expire or be deemed repealed in
   20  the same manner, to the same extent and on the same date as the case may
   21  be as otherwise provided by law;
   22    S 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
   23  amended by section 14 of part A of chapter 57 of the laws  of  2011,  is
   24  amended to read as follows:
   25    8. The provisions of this section shall only apply to offenses commit-
   26  ted on or before September first, two thousand [thirteen] FIFTEEN.
   27    S 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
   28  cle  and  traffic law relating to the ignition interlock device program,
   29  as amended by section 15 of part A of chapter 57 of the laws of 2011, is
   30  amended to read as follows:
   31    S 6. This act shall take  effect  on  the  first  day  of  April  next
   32  succeeding  the  date  on  which  it  shall have become a law; provided,
   33  however, that effective immediately, the addition, amendment  or  repeal
   34  of  any rule or regulation necessary for the implementation of the fore-
   35  going sections of this act on their effective  date  is  authorized  and
   36  directed  to  be made and completed on or before such effective date and
   37  shall remain in full force and effect until the first day of  September,
   38  [2013]  2015  when  upon  such  date the provisions of this act shall be
   39  deemed repealed.
   40    S 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
   41  laws of 1997, amending the military law and other laws relating to vari-
   42  ous provisions, as amended by section 16 of part A of chapter 57 of  the
   43  laws of 2011, is amended to read as follows:
   44    a.  sections  forty-three  through forty-five of this act shall expire
   45  and be deemed repealed on September 1, [2013] 2015;
   46    S 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
   47  the civil practice law and rules and the court of claims act relating to
   48  prisoner litigation reform, as amended by section 17 of part A of  chap-
   49  ter 57 of the laws of 2011, is amended to read as follows:
   50    S  4. This act shall take effect 120 days after it shall have become a
   51  law and shall remain in full force and effect until September 1,  [2013]
   52  2015, when upon such date it shall expire.
   53    S  17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
   54  constituting the family protection and  domestic  violence  intervention
   55  act  of  1994,  as  amended by section 18 of part A of chapter 57 of the
   56  laws of 2011, is amended to read as follows:
       S. 2605--A                         24                         A. 3005--A
    1    2. Subdivision 4 of section 140.10 of the criminal  procedure  law  as
    2  added  by  section  thirty-two  of this act shall take effect January 1,
    3  1996 and shall expire and be deemed  repealed  on  September  1,  [2013]
    4  2015.
    5    S 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
    6  inal  procedure law relating to the use of closed-circuit television and
    7  other protective measures for certain child  witnesses,  as  amended  by
    8  section  19  of  part A of chapter 57 of the laws of 2011, is amended to
    9  read as follows:
   10    S 5. This act shall take effect immediately and  shall  apply  to  all
   11  criminal  actions  and proceedings commenced prior to the effective date
   12  of this act but still pending on such  date  as  well  as  all  criminal
   13  actions  and  proceedings  commenced on or after such effective date and
   14  its provisions shall expire on  September 1, [2013] 2015, when upon such
   15  date the provisions of this act shall be deemed repealed.
   16    S 19. Subdivision d of section 74 of chapter 3 of the  laws  of  1995,
   17  enacting  the sentencing reform act of 1995, as amended by section 20 of
   18  part A of chapter 57 of the laws of 2011, is amended to read as follows:
   19    d. Sections one-a through twenty,  twenty-four  through  twenty-eight,
   20  thirty  through  thirty-nine, forty-two and forty-four of this act shall
   21  be deemed repealed on September 1, [2013] 2015;
   22    S 20. Section 2 of chapter 689 of the laws of 1993 amending the crimi-
   23  nal procedure law relating to electronic  court  appearance  in  certain
   24  counties,  as  amended by section 21 of part A of chapter 57 of the laws
   25  of 2011, is amended to read as follows:
   26    S  2.  This  act  shall  take  effect  immediately,  except  that  the
   27  provisions  of  this  act shall be deemed to have been in full force and
   28  effect since July 1, 1992 and the provisions of this  act  shall  expire
   29  September  1, [2013] 2015 when upon such date the provisions of this act
   30  shall be deemed repealed.
   31    S 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
   32  utive law relating to enacting the interstate compact for adult offender
   33  supervision, as amended by section 22 of part A of  chapter  57  of  the
   34  laws of 2011, is amended to read as follows:
   35    S  3.  This act shall take effect immediately, except that section one
   36  of this act shall take effect on the first of  January  next  succeeding
   37  the  date  on  which  it  shall  have become a law[, and shall remain in
   38  effect until the first of September, 2013,  upon  which  date  this  act
   39  shall be deemed repealed and have no further force and effect]; provided
   40  that  section one of this act shall only take effect with respect to any
   41  compacting state  which  has  enacted  an  interstate  compact  entitled
   42  "Interstate  compact for adult offender supervision" and having an iden-
   43  tical effect to that added by section  one  of  this  act  and  provided
   44  further  that with respect to any such compacting state, upon the effec-
   45  tive date of section one of this act, section 259-m of the executive law
   46  is hereby deemed REPEALED and section 259-mm of the  executive  law,  as
   47  added  by  section  one  of  this  act,  shall take effect; and provided
   48  further that with respect to any state which has not enacted  an  inter-
   49  state  compact  entitled  "Interstate  compact for adult offender super-
   50  vision" and having an identical effect to that added by section  one  of
   51  this  act,  section 259-m of the executive law shall take effect and the
   52  provisions of section one of this act, with respect to any  such  state,
   53  shall  have no force or effect until such time as such state shall adopt
   54  an interstate compact entitled "Interstate compact  for  adult  offender
   55  supervision" and having an identical effect to that added by section one
   56  of  this  act in which case, with respect to such state, effective imme-
       S. 2605--A                         25                         A. 3005--A
    1  diately, section 259-m of the  executive  law  is  deemed  repealed  and
    2  section  259-mm  of  the  executive law, as added by section one of this
    3  act, shall take effect.
    4    S  22. Section 8 of part H of chapter 56 of the laws of 2009, amending
    5  the correction law relating to limiting the closing of  certain  correc-
    6  tional  facilities,  providing  for  the  custody  by  the department of
    7  correctional services of inmates serving definite  sentences,  providing
    8  for  custody  of  federal prisoners and requiring the closing of certain
    9  correctional facilities, as amended by section 23 of part A  of  chapter
   10  57 of the laws of 2011, is amended to read as follows:
   11    S  8.  This  act shall take effect immediately; provided, however that
   12  sections five and six of this act shall expire and  be  deemed  repealed
   13  September 1, [2013] 2015.
   14    S  23. Section 3 of part C of chapter 152 of the laws of 2001 amending
   15  the military law relating to military funds of the organized militia, as
   16  amended by section 25 of part A of chapter 57 of the laws  of  2011,  is
   17  amended to read as follows:
   18    S  3.  This act shall take effect on the same date as the reversion of
   19  subdivision 5 of section 183 and subdivision 1 of  section  221  of  the
   20  military  law  as  provided  by section 76 of chapter 435 of the laws of
   21  1997, as amended by section 1 of chapter 19 of the laws of 1999 notwith-
   22  standing this act shall be deemed to have been in full force and  effect
   23  on  and  after  July  31, 2005 and shall remain in full force and effect
   24  until September 1, [2013] 2015  when  upon  such  date  this  act  shall
   25  expire.
   26    S 24. This act shall take effect immediately.
   27                                   PART F
   28    Section  1.  Section  2  of  part H of chapter 503 of the laws of 2009
   29  relating to the disposition  of  monies  recovered  by  county  district
   30  attorneys  before  the filing of an accusatory instrument, as amended by
   31  section 1 of part F of chapter 55 of the laws of  2012,  is  amended  to
   32  read as follows:
   33    S  2.  This act shall take effect immediately and shall remain in full
   34  force and effect until March 31, [2013] 2014, when it shall  expire  and
   35  be deemed repealed.
   36    S  2.  This  act  shall take effect immediately and shall be deemed to
   37  have been in full force and effect on and after March 31, 2013.
   38                                   PART G
   39    Section 1. Legislative findings and intent. The legislature finds that
   40  local governments and school districts are facing increased stress  from
   41  rising  costs  including  employee pension obligations.  Ultimately, the
   42  growth in pension costs results in greater stress on the  already  over-
   43  burdened taxpayer.
   44    It  is  the  intent  of the legislature to offer local governments and
   45  school districts the option to lock-in to  a  long-term  stable  pension
   46  contribution  rate. The intent is to provide local governments with more
   47  stability and predictability for pension obligations,  while  simultane-
   48  ously ensuring the adequacy of pension system funding.
   49    It  is  the intent of the legislature to authorize the comptroller and
   50  the New York state teachers' retirement  system  board  to  establish  a
   51  long-term  stable  contribution option assuming a baseline term of twen-
   52  ty-five years.   If the comptroller and the  New  York  state  teachers'
       S. 2605--A                         26                         A. 3005--A
    1  retirement system board elect to implement this act, the comptroller and
    2  the   New  York  state  teachers'  retirement  system  board,  at  their
    3  discretion, will determine whether such baseline term shall be increased
    4  or  decreased, as appropriate to ensure adequate pension system funding.
    5  It is the intent of the legislature that the  comptroller  and  the  New
    6  York   state   teachers'  retirement  system  board,  subject  to  their
    7  discretion, strive to minimize any extension of such  baseline  term  or
    8  terms,  to the extent possible, and to the extent an extension is neces-
    9  sary, limit any extension of such baseline term or terms not  to  exceed
   10  five  additional  years, to the extent possible, while ensuring adequate
   11  pension system funding over the full term of this option.
   12    S 2. The retirement and social security law is amended by adding a new
   13  section 17-e to read as follows:
   14    S 17-E. LONG-TERM STABLE CONTRIBUTION OPTION FOR PARTICIPATING MUNICI-
   15  PAL EMPLOYERS FOR  THE  TWO  THOUSAND  THIRTEEN--TWO  THOUSAND  FOURTEEN
   16  FISCAL  YEAR.  A.  IN ADDITION TO THE DEFINITIONS IN SECTION TWO OF THIS
   17  ARTICLE, WHEN USED IN THIS SECTION:
   18    (1) "PARTICIPATING MUNICIPAL EMPLOYER"  SHALL  MEAN  A  COUNTY,  CITY,
   19  TOWN,  VILLAGE  OR SCHOOL DISTRICT WHO ELECTS TO PAY THE STABLE CONTRIB-
   20  UTION AMOUNT IN THE MANNER PROVIDED IN THIS SECTION.
   21    (2) "STABLE CONTRIBUTION AMOUNT" SHALL MEAN AN AMOUNT EQUAL TO  TWELVE
   22  PERCENT  OF THE ESTIMATED PENSIONABLE SALARY BASE (EXCLUSIVE OF PAYMENTS
   23  FOR GROUP TERM LIFE INSURANCE, DEFICIENCY PAYMENTS, ADJUSTMENTS RELATING
   24  TO PRIOR FISCAL YEARS' OBLIGATIONS, OBLIGATIONS PERTAINING TO RETIREMENT
   25  INCENTIVES AND AMORTIZED PAYMENTS PURSUANT TO SECTION NINETEEN-A OF THIS
   26  TITLE OR ANY OTHER OBLIGATIONS THAT A PARTICIPATING  MUNICIPAL  EMPLOYER
   27  IS PERMITTED TO PAY ON AN AMORTIZED BASIS).
   28    (3) "STABLE CONTRIBUTION RATE" SHALL MEAN TWELVE PERCENT.
   29    B.  NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR ANY OTHER LAW TO
   30  THE CONTRARY, THE COMPTROLLER, IN HIS  OR  HER  DISCRETION,  SHALL  HAVE
   31  AUTHORITY  TO  IMPLEMENT  THE  PROVISIONS  OF THIS SECTION. IF THE COMP-
   32  TROLLER  ELECTS  TO  IMPLEMENT  THE  PROVISIONS  OF  THIS  SECTION,  THE
   33  PROVISIONS  OF  THIS SECTION SHALL APPLY TO THE PAYMENT OF PARTICIPATING
   34  MUNICIPAL EMPLOYER CONTRIBUTIONS FOR THE FISCAL YEAR COMMENCING ON APRIL
   35  FIRST, TWO THOUSAND THIRTEEN, AND FOR SUBSEQUENT FISCAL YEARS.
   36    C. FOR EACH FISCAL YEAR TO WHICH THE PROVISIONS OF THIS SECTION APPLY,
   37  THE COMPTROLLER SHALL USE THE STABLE CONTRIBUTION RATE FOR PARTICIPATING
   38  MUNICIPAL EMPLOYERS.
   39    D. IF THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO  PERMIT  A
   40  STABLE  EMPLOYER CONTRIBUTION OPTION PURSUANT TO THIS SECTION, THEN, THE
   41  COMPTROLLER SHALL DETERMINE THE STABLE CONTRIBUTION AMOUNT FOR A PARTIC-
   42  IPATING MUNICIPAL EMPLOYER PURSUANT TO PARAGRAPH TWO OF SUBDIVISION A OF
   43  THIS SECTION. SUCH CONTRIBUTION SHALL BE IN LIEU  OF  THE  PARTICIPATING
   44  MUNICIPAL  EMPLOYER'S  NORMAL  AND  ADMINISTRATIVE CONTRIBUTIONS FOR THE
   45  FISCAL YEAR DETERMINED IN  ACCORDANCE  WITH  SECTIONS  TWENTY-THREE  AND
   46  TWENTY-THREE-A OF THIS ARTICLE.
   47    E.  PARTICIPATING  MUNICIPAL  EMPLOYERS  ARE  AUTHORIZED TO CHOOSE THE
   48  STABLE EMPLOYER CONTRIBUTION OPTION WITH REGARD TO THE  FEBRUARY  FIRST,
   49  TWO  THOUSAND FOURTEEN PENSION BILL. A PARTICIPATING MUNICIPAL EMPLOYER,
   50  MAY, IN LIEU OF PAYING ITS NORMAL AND ADMINISTRATIVE FEBRUARY FIRST, TWO
   51  THOUSAND FOURTEEN PENSION BILL, PAY THE STABLE CONTRIBUTION AMOUNT. SUCH
   52  PARTICIPATING MUNICIPAL  EMPLOYER  SHALL  PAY  THE  STABLE  CONTRIBUTION
   53  AMOUNT  FOR  A  PERIOD OF TWENTY-FIVE YEARS PROVIDED, HOWEVER, THAT SUCH
   54  TWENTY-FIVE YEAR PERIOD MAY BE INCREASED OR DECREASED AT THE  DISCRETION
   55  OF  THE  COMPTROLLER  PURSUANT  TO  SUBDIVISION  K OF THIS SECTION. THIS
   56  LONG-TERM STABLE CONTRIBUTION OPTION SHALL COMMENCE IN THE  FISCAL  YEAR
       S. 2605--A                         27                         A. 3005--A
    1  ENDING  MARCH  THIRTY-FIRST,  TWO THOUSAND FOURTEEN AND SHALL END AT THE
    2  DISCRETION OF THE COMPTROLLER PURSUANT TO SUBDIVISION K OF THIS SECTION.
    3    F. ANY PARTICIPATING MUNICIPAL EMPLOYER WHICH ELECTS TO PAY THE STABLE
    4  CONTRIBUTION  AMOUNT  PURSUANT  TO SUBDIVISIONS A, B, C, D AND E OF THIS
    5  SECTION SHALL PAY THE AMOUNT BASED ON THE STABLE CONTRIBUTION RATE FOR A
    6  PERIOD OF TWENTY-FIVE  YEARS,  SUCH  TERM  AS  SUBJECT  TO  INCREASE  OR
    7  DECREASE  AT THE DISCRETION OF THE COMPTROLLER PURSUANT TO SUBDIVISION K
    8  OF THIS SECTION. THIS LONG-TERM STABLE CONTRIBUTION  SHALL  COMMENCE  IN
    9  THE  FISCAL  YEAR  ENDING  MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN AND
   10  SHALL END AT THE DISCRETION OF THE COMPTROLLER PURSUANT TO SUBDIVISION K
   11  OF THIS SECTION. UPON COMPLETION OF SUCH LONG-TERM  STABLE  CONTRIBUTION
   12  OPTION,  THE PARTICIPATING MUNICIPAL EMPLOYER SHALL RESUME PAYING NORMAL
   13  AND  ADMINISTRATIVE  EMPLOYER   CONTRIBUTIONS   PURSUANT   TO   SECTIONS
   14  TWENTY-THREE AND TWENTY-THREE-A OF THIS ARTICLE.
   15    G.  A  PARTICIPATING  MUNICIPAL  EMPLOYER MAKING A PAYMENT PURSUANT TO
   16  SUBDIVISIONS A, B, C, D, E AND F OF THIS SECTION SHALL PAY  ON  FEBRUARY
   17  FIRST,  TWO THOUSAND FOURTEEN AN AMOUNT DETERMINED BY THE COMPTROLLER BY
   18  ADDING THE FOLLOWING TWO AMOUNTS TOGETHER:
   19    (1) THE STABLE CONTRIBUTION AMOUNT CALCULATED PURSUANT TO SUBDIVISIONS
   20  A, B, C, D, E AND F OF THIS SECTION; AND
   21    (2) PAYMENTS FOR  GROUP  TERM  LIFE  INSURANCE,  DEFICIENCY  PAYMENTS,
   22  ADJUSTMENTS  RELATING  TO  PRIOR  FISCAL YEARS' OBLIGATIONS, OBLIGATIONS
   23  PERTAINING TO RETIREMENT INCENTIVES AND AMORTIZED PAYMENTS  PURSUANT  TO
   24  SECTION NINETEEN-A OF THIS TITLE OR ANY OTHER OBLIGATIONS THAT A PARTIC-
   25  IPATING MUNICIPAL EMPLOYER IS PERMITTED TO PAY ON AN AMORTIZED BASIS.
   26    H.  THE STABLE CONTRIBUTION AMOUNT MUST BE PAID IN FULL BY PARTICIPAT-
   27  ING MUNICIPAL EMPLOYERS ON THE  DATE  SET  FORTH  IN  SUBDIVISION  C  OF
   28  SECTION SEVENTEEN OF THIS TITLE.
   29    I.  A  PARTICIPATING  MUNICIPAL  EMPLOYER  WHICH  ELECTS THE LONG-TERM
   30  STABLE CONTRIBUTION OPTION  SHALL  BE  PROHIBITED  FROM  AMORTIZING  ANY
   31  PORTION  OF  ITS  FUTURE  PENSION  BILL PURSUANT TO THE OPTION OTHERWISE
   32  AVAILABLE IN SECTION NINETEEN-A OF THIS TITLE.
   33    J. THE COMPTROLLER IS AUTHORIZED TO EVALUATE THE  STABLE  CONTRIBUTION
   34  RATE  USED  TO  CALCULATE  PARTICIPATING MUNICIPAL EMPLOYER CONTRIBUTION
   35  AMOUNTS IN THE FISCAL YEAR  COMMENCING  ON  APRIL  FIRST,  TWO  THOUSAND
   36  SEVENTEEN AND SUBSEQUENTLY IN THE FISCAL YEAR COMMENCING ON APRIL FIRST,
   37  TWO  THOUSAND TWENTY-TWO.  SUCH EVALUATION SHALL BE BASED ON A LONG-TERM
   38  PROJECTION OF ASSETS AND LIABILITIES SO AS TO ENSURE THAT  CONTRIBUTIONS
   39  BY  MUNICIPAL  EMPLOYERS  WHICH  PARTICIPATE  IN  THE  LONG-TERM  STABLE
   40  CONTRIBUTION OPTION ARE ADEQUATE TO ENSURE THAT SYSTEM ASSETS  OVER  THE
   41  LONG-TERM STABLE CONTRIBUTION OPTION PERIOD ARE SUFFICIENT TO FUND BENE-
   42  FITS FOR ACTIVE AND RETIRED MEMBERS ASSOCIATED WITH PARTICIPATING MUNIC-
   43  IPAL  EMPLOYERS.  THE  COMPTROLLER  IS AUTHORIZED TO INCREASE THE STABLE
   44  CONTRIBUTION RATE BY UP TO TWO PERCENTAGE POINTS AT SUCH  FIVE-YEAR  AND
   45  SUBSEQUENT  TEN-YEAR  EVALUATION.  THE  REVISED STABLE CONTRIBUTION RATE
   46  RESULTING FROM THE FIVE AND SUBSEQUENT TEN-YEAR EVALUATIONS MAY NOT,  IN
   47  COMBINATION,  EXCEED  SIXTEEN  PERCENT. THE COMPTROLLER IS AUTHORIZED TO
   48  DECREASE THE STABLE CONTRIBUTION RATE IF WARRANTED AT THE TEN-YEAR EVAL-
   49  UATION BUT IN NO EVENT SHALL THE STABLE CONTRIBUTION RATE BE  LESS  THAN
   50  TWELVE PERCENT.
   51    K.  (1) THE BASELINE LONG-TERM STABLE CONTRIBUTION TERM SHALL BE TWEN-
   52  TY-FIVE  YEARS.  PROVIDED,  HOWEVER,  SUCH  BASELINE  LONG-TERM   STABLE
   53  CONTRIBUTION  TERM  MAY  EVENTUALLY  BE  INCREASED  OR DECREASED, AT THE
   54  DISCRETION OF THE COMPTROLLER, SO AS TO ENSURE THAT  SYSTEM  ASSETS  ARE
   55  SUFFICIENT  TO  FUND  BENEFITS FOR ACTIVE AND RETIRED MEMBERS ASSOCIATED
   56  WITH PARTICIPATING MUNICIPAL EMPLOYERS.
       S. 2605--A                         28                         A. 3005--A
    1    (2) THE COMPTROLLER IS AUTHORIZED TO EVALUATE THE  BASELINE  LONG-TERM
    2  STABLE CONTRIBUTION TERM EVERY FIVE YEARS AFTER THE FISCAL YEAR COMMENC-
    3  ING  ON APRIL FIRST, TWO THOUSAND THIRTEEN. SUCH EVALUATION SHALL INFORM
    4  PARTICIPATING MUNICIPAL EMPLOYERS WHETHER THE BASELINE LONG-TERM  STABLE
    5  CONTRIBUTION  TERM IS EXPECTED TO INCREASE OR DECREASE PURSUANT TO PARA-
    6  GRAPH ONE OF THIS SUBDIVISION AND  THE  DURATION  OF  SUCH  INCREASE  OR
    7  DECREASE.
    8    L.  A  PARTICIPATING MUNICIPAL EMPLOYER MAY ELECT TO TERMINATE PARTIC-
    9  IPATION IN THE LONG-TERM STABLE CONTRIBUTION OPTION AND  RESUME  PAYMENT
   10  OF  THE  NORMAL  AND  ADMINISTRATIVE  CONTRIBUTIONS  IN  ACCORDANCE WITH
   11  SECTIONS TWENTY-THREE AND  TWENTY-THREE-A  OF  THIS  ARTICLE.  PROVIDED,
   12  HOWEVER,  THAT  SUCH  PARTICIPATING  MUNICIPAL  EMPLOYER WHICH ELECTS TO
   13  TERMINATE PARTICIPATION SHALL MAKE A RECONCILIATION CONTRIBUTION TO  THE
   14  RETIREMENT  SYSTEM,  AT  AN  AMOUNT TO BE DETERMINED BY THE COMPTROLLER,
   15  ADEQUATE TO FUND THE BENEFITS FOR ACTIVE AND RETIRED MEMBERS  ASSOCIATED
   16  WITH SUCH PARTICIPATING MUNICIPAL EMPLOYER HAD SUCH PARTICIPATING MUNIC-
   17  IPAL EMPLOYER NOT ELECTED THE PROVISIONS OF THIS SECTION. SUCH RECONCIL-
   18  IATION CONTRIBUTION SHALL BE MADE OVER A PERIOD NOT TO EXCEED FIVE YEARS
   19  AND  SHALL BE MADE IN ADDITION TO THE NORMAL AND ADMINISTRATIVE CONTRIB-
   20  UTIONS PURSUANT TO SECTIONS  TWENTY-THREE  AND  TWENTY-THREE-A  OF  THIS
   21  ARTICLE  FOR  THE  FISCAL  YEAR  IN  WHICH  SUCH PARTICIPATING MUNICIPAL
   22  EMPLOYER CHOOSES TO RESUME PAYMENT  OF  THE  NORMAL  AND  ADMINISTRATIVE
   23  CONTRIBUTIONS  PURSUANT  TO  SECTIONS TWENTY-THREE AND TWENTY-THREE-A OF
   24  THIS ARTICLE. TERMINATION OF THE LONG-TERM STABLE CONTRIBUTION OPTION BY
   25  A PARTICIPATING MUNICIPAL  EMPLOYER  SHALL  BE  SUBJECT  TO  TIMING  AND
   26  NOTIFICATION PROCEDURES ESTABLISHED BY THE COMPTROLLER.
   27    S  3.  Paragraph  1 of subdivision b of section 23-a of the retirement
   28  and social security law, as added by section 1 of part A of  chapter  49
   29  of the laws of 2003, is amended to read as follows:
   30    1.  revision  of the schedule pertaining to the valuation, billing and
   31  payment of contributions  by  the  state  and  participating  employers,
   32  EXCLUDING PARTICIPATING MUNICIPAL EMPLOYERS AS DEFINED IN SECTION SEVEN-
   33  TEEN-E  OF  THIS  ARTICLE,  under  which the valuation of the assets and
   34  liabilities of the retirement system, EXCLUDING THE ASSETS  AND  LIABIL-
   35  ITIES  ASSOCIATED  WITH  PARTICIPATING MUNICIPAL EMPLOYERS AS DEFINED IN
   36  SECTION SEVENTEEN-E OF THIS ARTICLE, undertaken on the first  day  of  a
   37  fiscal  year  shall  be  used  to determine the contribution rates to be
   38  applied to the pensionable  salaries  of  the  state  and  participating
   39  employers, WITH THE EXCEPTION OF THE PENSIONABLE SALARIES OF PARTICIPAT-
   40  ING  MUNICIPAL EMPLOYERS AS DEFINED IN SECTION SEVENTEEN-E OF THIS ARTI-
   41  CLE, for the next succeeding fiscal year; and
   42    S 4. The retirement and social security law is amended by adding a new
   43  section 317-e to read as follows:
   44    S 317-E. LONG-TERM STABLE CONTRIBUTION OPTION FOR PARTICIPATING MUNIC-
   45  IPAL EMPLOYERS FOR THE  TWO  THOUSAND  THIRTEEN--TWO  THOUSAND  FOURTEEN
   46  FISCAL  YEAR. A. IN ADDITION TO THE DEFINITIONS IN SECTION THREE HUNDRED
   47  TWO OF THIS ARTICLE, WHEN USED IN THIS SECTION:
   48    (1) "PARTICIPATING MUNICIPAL EMPLOYER" SHALL MEAN A COUNTY, CITY, TOWN
   49  OR VILLAGE WHO ELECTS TO PAY  THE  STABLE  CONTRIBUTION  AMOUNT  IN  THE
   50  MANNER PROVIDED IN THIS SECTION.
   51    (2)  "STABLE  CONTRIBUTION AMOUNT" SHALL MEAN AN AMOUNT EQUAL TO EIGH-
   52  TEEN AND FIVE-TENTHS PERCENT OF THE ESTIMATED  PENSIONABLE  SALARY  BASE
   53  (EXCLUSIVE  OF  PAYMENTS  FOR  GROUP  TERM  LIFE  INSURANCE,  DEFICIENCY
   54  PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL YEARS' OBLIGATIONS, OBLI-
   55  GATIONS PERTAINING  TO  RETIREMENT  INCENTIVES  AND  AMORTIZED  PAYMENTS
   56  PURSUANT  TO SECTION THREE HUNDRED NINETEEN-A OF THIS TITLE OR ANY OTHER
       S. 2605--A                         29                         A. 3005--A
    1  OBLIGATIONS THAT A PARTICIPATING MUNICIPAL EMPLOYER IS PERMITTED TO  PAY
    2  ON AN AMORTIZED BASIS).
    3    (3)  "STABLE  CONTRIBUTION  RATE"  SHALL MEAN EIGHTEEN AND FIVE-TENTHS
    4  PERCENT.
    5    B. NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR ANY OTHER LAW  TO
    6  THE  CONTRARY,  THE  COMPTROLLER,  IN  HIS OR HER DISCRETION, SHALL HAVE
    7  AUTHORITY TO IMPLEMENT THE PROVISIONS OF  THIS  SECTION.  IF  THE  COMP-
    8  TROLLER  ELECTS  TO  IMPLEMENT  THE  PROVISIONS  OF  THIS  SECTION,  THE
    9  PROVISIONS OF THIS SECTION SHALL APPLY TO THE PAYMENT  OF  PARTICIPATING
   10  MUNICIPAL EMPLOYER CONTRIBUTIONS FOR THE FISCAL YEAR COMMENCING ON APRIL
   11  FIRST, TWO THOUSAND THIRTEEN, AND FOR SUBSEQUENT FISCAL YEARS.
   12    C. FOR EACH FISCAL YEAR TO WHICH THE PROVISIONS OF THIS SECTION APPLY,
   13  THE COMPTROLLER SHALL USE THE STABLE CONTRIBUTION RATE FOR PARTICIPATING
   14  MUNICIPAL EMPLOYERS.
   15    D.  IF  THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT A
   16  STABLE EMPLOYER CONTRIBUTION OPTION PURSUANT TO THIS SECTION, THEN,  THE
   17  COMPTROLLER SHALL DETERMINE THE STABLE CONTRIBUTION AMOUNT FOR A PARTIC-
   18  IPATING MUNICIPAL EMPLOYER PURSUANT TO PARAGRAPH TWO OF SUBDIVISION A OF
   19  THIS  SECTION.  SUCH  CONTRIBUTION SHALL BE IN LIEU OF THE PARTICIPATING
   20  MUNICIPAL EMPLOYER'S NORMAL AND  ADMINISTRATIVE  CONTRIBUTIONS  FOR  THE
   21  FISCAL  YEAR  DETERMINED IN ACCORDANCE WITH SECTIONS THREE HUNDRED TWEN-
   22  TY-THREE AND THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE.
   23    E. PARTICIPATING MUNICIPAL EMPLOYERS  ARE  AUTHORIZED  TO  CHOOSE  THE
   24  STABLE  EMPLOYER  CONTRIBUTION OPTION WITH REGARD TO THE FEBRUARY FIRST,
   25  TWO THOUSAND FOURTEEN PENSION BILL. A PARTICIPATING MUNICIPAL  EMPLOYER,
   26  MAY, IN LIEU OF PAYING ITS NORMAL AND ADMINISTRATIVE FEBRUARY FIRST, TWO
   27  THOUSAND FOURTEEN PENSION BILL, PAY THE STABLE CONTRIBUTION AMOUNT. SUCH
   28  PARTICIPATING  MUNICIPAL  EMPLOYER  SHALL  PAY  THE  STABLE CONTRIBUTION
   29  AMOUNT FOR A PERIOD OF TWENTY-FIVE YEARS PROVIDED,  HOWEVER,  THAT  SUCH
   30  TWENTY-FIVE  YEAR PERIOD MAY BE INCREASED OR DECREASED AT THE DISCRETION
   31  OF THE COMPTROLLER PURSUANT TO  SUBDIVISION  K  OF  THIS  SECTION.  THIS
   32  LONG-TERM  STABLE  CONTRIBUTION OPTION SHALL COMMENCE IN THE FISCAL YEAR
   33  ENDING MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN AND SHALL  END  AT  THE
   34  DISCRETION OF THE COMPTROLLER PURSUANT TO SUBDIVISION K OF THIS SECTION.
   35    F. ANY PARTICIPATING MUNICIPAL EMPLOYER WHICH ELECTS TO PAY THE STABLE
   36  CONTRIBUTION  AMOUNT  PURSUANT  TO SUBDIVISIONS A, B, C, D AND E OF THIS
   37  SECTION SHALL PAY THE AMOUNT BASED ON THE STABLE CONTRIBUTION RATE FOR A
   38  PERIOD OF TWENTY-FIVE  YEARS,  SUCH  TERM  AS  SUBJECT  TO  INCREASE  OR
   39  DECREASE  AT THE DISCRETION OF THE COMPTROLLER PURSUANT TO SUBDIVISION K
   40  OF THIS SECTION. THIS LONG-TERM STABLE CONTRIBUTION  SHALL  COMMENCE  IN
   41  THE  FISCAL  YEAR  ENDING  MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN AND
   42  SHALL END AT THE DISCRETION OF THE COMPTROLLER PURSUANT TO SUBDIVISION K
   43  OF THIS SECTION. UPON COMPLETION OF SUCH LONG-TERM  STABLE  CONTRIBUTION
   44  OPTION,  THE PARTICIPATING MUNICIPAL EMPLOYER SHALL RESUME PAYING NORMAL
   45  AND ADMINISTRATIVE EMPLOYER CONTRIBUTIONS  PURSUANT  TO  SECTIONS  THREE
   46  HUNDRED TWENTY-THREE AND THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE.
   47    G.  A  PARTICIPATING  MUNICIPAL  EMPLOYER MAKING A PAYMENT PURSUANT TO
   48  SUBDIVISIONS A, B, C, D, E AND F OF THIS SECTION SHALL PAY  ON  FEBRUARY
   49  FIRST,  TWO THOUSAND FOURTEEN AN AMOUNT DETERMINED BY THE COMPTROLLER BY
   50  ADDING THE FOLLOWING TWO AMOUNTS TOGETHER:
   51    (1) THE STABLE CONTRIBUTION AMOUNT CALCULATED PURSUANT TO SUBDIVISIONS
   52  A, B, C, D, E AND F OF THIS SECTION; AND
   53    (2) PAYMENTS FOR  GROUP  TERM  LIFE  INSURANCE,  DEFICIENCY  PAYMENTS,
   54  ADJUSTMENTS  RELATING  TO  PRIOR  FISCAL YEARS' OBLIGATIONS, OBLIGATIONS
   55  PERTAINING TO RETIREMENT INCENTIVES AND AMORTIZED PAYMENTS  PURSUANT  TO
   56  SECTION  THREE HUNDRED NINETEEN-A OF THIS TITLE OR ANY OTHER OBLIGATIONS
       S. 2605--A                         30                         A. 3005--A
    1  THAT A PARTICIPATING MUNICIPAL EMPLOYER IS PERMITTED TO PAY ON AN  AMOR-
    2  TIZED BASIS.
    3    H.  THE STABLE CONTRIBUTION AMOUNT MUST BE PAID IN FULL BY PARTICIPAT-
    4  ING MUNICIPAL EMPLOYERS ON THE  DATE  SET  FORTH  IN  SUBDIVISION  C  OF
    5  SECTION THREE HUNDRED SEVENTEEN OF THIS TITLE.
    6    I.  A  PARTICIPATING  MUNICIPAL  EMPLOYER  WHICH  ELECTS THE LONG-TERM
    7  STABLE CONTRIBUTION OPTION  SHALL  BE  PROHIBITED  FROM  AMORTIZING  ANY
    8  PORTION  OF  ITS  FUTURE  PENSION  BILL PURSUANT TO THE OPTION OTHERWISE
    9  AVAILABLE IN SECTION THREE HUNDRED NINETEEN-A OF THIS TITLE.
   10    J. THE COMPTROLLER IS AUTHORIZED TO EVALUATE THE  STABLE  CONTRIBUTION
   11  RATE  USED  TO  CALCULATE  PARTICIPATING MUNICIPAL EMPLOYER CONTRIBUTION
   12  AMOUNTS IN THE FISCAL YEAR  COMMENCING  ON  APRIL  FIRST,  TWO  THOUSAND
   13  SEVENTEEN AND SUBSEQUENTLY IN THE FISCAL YEAR COMMENCING ON APRIL FIRST,
   14  TWO  THOUSAND TWENTY-TWO.  SUCH EVALUATION SHALL BE BASED ON A LONG-TERM
   15  PROJECTION OF ASSETS AND LIABILITIES SO AS TO ENSURE THAT  CONTRIBUTIONS
   16  BY  MUNICIPAL  EMPLOYERS  WHICH  PARTICIPATE  IN  THE  LONG-TERM  STABLE
   17  CONTRIBUTION OPTION ARE ADEQUATE TO ENSURE THAT SYSTEM ASSETS  OVER  THE
   18  LONG-TERM STABLE CONTRIBUTION OPTION PERIOD ARE SUFFICIENT TO FUND BENE-
   19  FITS FOR ACTIVE AND RETIRED MEMBERS ASSOCIATED WITH PARTICIPATING MUNIC-
   20  IPAL  EMPLOYERS.  THE  COMPTROLLER  IS AUTHORIZED TO INCREASE THE STABLE
   21  CONTRIBUTION RATE BY UP TO TWO PERCENTAGE POINTS AT SUCH  FIVE-YEAR  AND
   22  SUBSEQUENT  TEN-YEAR  EVALUATION.  THE  REVISED STABLE CONTRIBUTION RATE
   23  RESULTING FROM THE FIVE AND SUBSEQUENT TEN-YEAR EVALUATIONS MAY NOT,  IN
   24  COMBINATION,  EXCEED TWENTY-TWO AND FIVE-TENTHS PERCENT. THE COMPTROLLER
   25  IS AUTHORIZED TO DECREASE THE STABLE CONTRIBUTION RATE IF  WARRANTED  AT
   26  THE  TEN-YEAR  EVALUATION  BUT IN NO EVENT SHALL THE STABLE CONTRIBUTION
   27  RATE BE LESS THAN EIGHTEEN AND FIVE-TENTHS PERCENT.
   28    K. (1) THE BASELINE LONG-TERM STABLE CONTRIBUTION TERM SHALL BE  TWEN-
   29  TY-FIVE   YEARS.  PROVIDED,  HOWEVER,  SUCH  BASELINE  LONG-TERM  STABLE
   30  CONTRIBUTION TERM MAY EVENTUALLY  BE  INCREASED  OR  DECREASED,  AT  THE
   31  DISCRETION  OF  THE  COMPTROLLER, SO AS TO ENSURE THAT SYSTEM ASSETS ARE
   32  SUFFICIENT TO FUND BENEFITS FOR ACTIVE AND  RETIRED  MEMBERS  ASSOCIATED
   33  WITH PARTICIPATING MUNICIPAL EMPLOYERS.
   34    (2)  THE  COMPTROLLER IS AUTHORIZED TO EVALUATE THE BASELINE LONG-TERM
   35  STABLE CONTRIBUTION TERM EVERY FIVE YEARS AFTER THE FISCAL YEAR COMMENC-
   36  ING ON APRIL FIRST, TWO THOUSAND THIRTEEN. SUCH EVALUATION SHALL  INFORM
   37  PARTICIPATING  MUNICIPAL EMPLOYERS WHETHER THE BASELINE LONG-TERM STABLE
   38  CONTRIBUTION TERM IS EXPECTED TO INCREASE OR DECREASE PURSUANT TO  PARA-
   39  GRAPH  ONE  OF  THIS  SUBDIVISION  AND  THE DURATION OF SUCH INCREASE OR
   40  DECREASE.
   41    L. A PARTICIPATING MUNICIPAL EMPLOYER MAY ELECT TO  TERMINATE  PARTIC-
   42  IPATION  IN  THE LONG-TERM STABLE CONTRIBUTION OPTION AND RESUME PAYMENT
   43  OF THE  NORMAL  AND  ADMINISTRATIVE  CONTRIBUTIONS  IN  ACCORDANCE  WITH
   44  SECTIONS  THREE HUNDRED TWENTY-THREE AND THREE HUNDRED TWENTY-THREE-A OF
   45  THIS ARTICLE.  PROVIDED,  HOWEVER,  THAT  SUCH  PARTICIPATING  MUNICIPAL
   46  EMPLOYER  WHICH ELECTS TO TERMINATE PARTICIPATION SHALL MAKE A RECONCIL-
   47  IATION CONTRIBUTION TO THE RETIREMENT SYSTEM, AT AN AMOUNT TO BE  DETER-
   48  MINED  BY  THE COMPTROLLER, ADEQUATE TO FUND THE BENEFITS FOR ACTIVE AND
   49  RETIRED MEMBERS ASSOCIATED WITH SUCH  PARTICIPATING  MUNICIPAL  EMPLOYER
   50  HAD  SUCH PARTICIPATING MUNICIPAL EMPLOYER NOT ELECTED THE PROVISIONS OF
   51  THIS SECTION. SUCH RECONCILIATION CONTRIBUTION  SHALL  BE  MADE  OVER  A
   52  PERIOD  NOT  TO  EXCEED  FIVE YEARS AND SHALL BE MADE IN ADDITION TO THE
   53  NORMAL AND  ADMINISTRATIVE  CONTRIBUTIONS  PURSUANT  TO  SECTIONS  THREE
   54  HUNDRED  TWENTY-THREE  AND  THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE
   55  FOR THE FISCAL YEAR  IN  WHICH  SUCH  PARTICIPATING  MUNICIPAL  EMPLOYER
   56  CHOOSES TO RESUME PAYMENT OF THE NORMAL AND ADMINISTRATIVE CONTRIBUTIONS
       S. 2605--A                         31                         A. 3005--A
    1  PURSUANT  TO SECTIONS THREE HUNDRED TWENTY-THREE AND THREE HUNDRED TWEN-
    2  TY-THREE-A OF  THIS  ARTICLE.    TERMINATION  OF  THE  LONG-TERM  STABLE
    3  CONTRIBUTION  OPTION  BY  A  PARTICIPATING  MUNICIPAL  EMPLOYER SHALL BE
    4  SUBJECT  TO  TIMING AND NOTIFICATION PROCEDURES ESTABLISHED BY THE COMP-
    5  TROLLER.
    6    S 5. Paragraph 1 of subdivision b of section 323-a of  the  retirement
    7  and  social  security law, as added by section 2 of part A of chapter 49
    8  of the laws of 2003, is amended to read as follows:
    9    1. revision of the schedule pertaining to the valuation,  billing  and
   10  payment  of  contributions  by  the  state  and participating employers,
   11  EXCLUDING PARTICIPATING MUNICIPAL EMPLOYERS AS DEFINED IN SECTION  THREE
   12  HUNDRED  SEVENTEEN-E  OF  THIS ARTICLE, under which the valuation of the
   13  assets and liabilities of the retirement system,  EXCLUDING  THE  ASSETS
   14  AND  LIABILITIES  ASSOCIATED  WITH  PARTICIPATING MUNICIPAL EMPLOYERS AS
   15  DEFINED IN SECTION THREE HUNDRED SEVENTEEN-E OF THIS ARTICLE, undertaken
   16  on the first day of a  fiscal  year  shall  be  used  to  determine  the
   17  contribution  rates  to  be  applied  to the pensionable salaries of the
   18  state and participating employers, WITH THE EXCEPTION OF THE PENSIONABLE
   19  SALARIES OF PARTICIPATING MUNICIPAL  EMPLOYERS  AS  DEFINED  IN  SECTION
   20  THREE  HUNDRED  SEVENTEEN-E  OF  THIS  ARTICLE,  for the next succeeding
   21  fiscal year; and
   22    S 6. Section 521 of the education law  is  amended  by  adding  a  new
   23  subdivision 3 to read as follows:
   24    3.  LONG-TERM STABLE CONTRIBUTION OPTION FOR PARTICIPATING EDUCATIONAL
   25  EMPLOYERS FOR THE TWO  THOUSAND  THIRTEEN--TWO  THOUSAND  FOURTEEN  PLAN
   26  YEAR.  A.  IN ADDITION TO THE DEFINITIONS IN SECTION FIVE HUNDRED ONE OF
   27  THIS ARTICLE, WHEN USED IN THIS SUBDIVISION:
   28    (1) "PARTICIPATING EDUCATIONAL EMPLOYER" SHALL MEAN THE CITY, VILLAGE,
   29  SCHOOL DISTRICT BOARD OR TRUSTEE BY WHICH A TEACHER IS PAID  WHO  ELECTS
   30  TO  PAY  THE  STABLE  CONTRIBUTION AMOUNT IN THE MANNER PROVIDED IN THIS
   31  SECTION.
   32    (2) "STABLE CONTRIBUTION AMOUNT" SHALL MEAN AN AMOUNT EQUAL TO  TWELVE
   33  AND FIVE-TENTHS PERCENT OF THE ESTIMATED PENSIONABLE SALARY BASE (EXCLU-
   34  SIVE  OF  PAYMENTS  FOR  GROUP  TERM LIFE INSURANCE, DEFICIENCY CONTRIB-
   35  UTIONS, ADJUSTMENTS RELATING TO PRIOR FISCAL YEARS'  OBLIGATIONS,  OBLI-
   36  GATIONS  PERTAINING  TO  RETIREMENT  INCENTIVES OR ANY OTHER OBLIGATIONS
   37  THAT A PARTICIPATING EDUCATIONAL EMPLOYER IS  PERMITTED  TO  PAY  ON  AN
   38  AMORTIZED BASIS).
   39    (3)  "STABLE  CONTRIBUTION  RATE"  SHALL  MEAN  TWELVE AND FIVE-TENTHS
   40  PERCENT.
   41    B. NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR ANY OTHER LAW  TO
   42  THE  CONTRARY,  THE  RETIREMENT  BOARD,  IN  ITS  DISCRETION, SHALL HAVE
   43  AUTHORITY TO IMPLEMENT  THE  PROVISIONS  OF  THIS  SUBDIVISION.  IF  THE
   44  RETIREMENT BOARD ELECTS TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION,
   45  THE PROVISIONS OF THIS SECTION SHALL APPLY TO THE PAYMENT OF PARTICIPAT-
   46  ING EDUCATIONAL EMPLOYER CONTRIBUTIONS FOR THE PLAN YEAR COMMENCING WITH
   47  THE  JULY  FIRST,  TWO THOUSAND THIRTEEN FISCAL YEAR, AND FOR SUBSEQUENT
   48  FISCAL YEARS.
   49    C. FOR EACH PLAN YEAR TO WHICH  THE  PROVISIONS  OF  THIS  SUBDIVISION
   50  APPLY,  THE  RETIREMENT  BOARD  SHALL USE A STABLE CONTRIBUTION RATE FOR
   51  PARTICIPATING EDUCATIONAL EMPLOYERS.
   52    D. IF THE RETIREMENT BOARD, IN ITS DISCRETION,  DECIDES  TO  PERMIT  A
   53  STABLE  EMPLOYER CONTRIBUTION OPTION PURSUANT TO THIS SUBDIVISION, THEN,
   54  THE RETIREMENT BOARD SHALL DETERMINE THE STABLE CONTRIBUTION AMOUNT  FOR
   55  A  PARTICIPATING  EDUCATIONAL  EMPLOYER  PURSUANT TO SUBPARAGRAPH TWO OF
   56  PARAGRAPH A OF THIS SUBDIVISION. SUCH CONTRIBUTION SHALL BE IN LIEU OF A
       S. 2605--A                         32                         A. 3005--A
    1  PARTICIPATING EDUCATIONAL EMPLOYER'S NORMAL CONTRIBUTIONS  AND  ADMINIS-
    2  TRATIVE  CONTRIBUTIONS  PURSUANT  TO SECTIONS FIVE HUNDRED SEVENTEEN AND
    3  FIVE HUNDRED NINETEEN OF THIS ARTICLE FOR  THE  FISCAL  YEAR  COMMENCING
    4  JULY FIRST, TWO THOUSAND THIRTEEN, AND FOR SUBSEQUENT FISCAL YEARS.
    5    E.  PARTICIPATING  EDUCATIONAL  EMPLOYERS ARE AUTHORIZED TO CHOOSE THE
    6  STABLE EMPLOYER CONTRIBUTION OPTION COMMENCING WITH THE JULY FIRST,  TWO
    7  THOUSAND  THIRTEEN FISCAL YEAR PENSION BILL. A PARTICIPATING EDUCATIONAL
    8  EMPLOYER, MAY, IN LIEU OF PAYING ITS NORMAL AND ADMINISTRATIVE  CONTRIB-
    9  UTION  COMMENCING WITH THE JULY FIRST, TWO THOUSAND THIRTEEN FISCAL YEAR
   10  PENSION BILL, PAY THE STABLE  CONTRIBUTION  AMOUNT.  SUCH  PARTICIPATING
   11  EDUCATIONAL  EMPLOYER  SHALL  PAY  THE  STABLE CONTRIBUTION AMOUNT FOR A
   12  PERIOD OF TWENTY-FIVE YEARS PROVIDED,  HOWEVER,  THAT  SUCH  TWENTY-FIVE
   13  YEAR  PERIOD  MAY  BE  INCREASED  OR  DECREASED AT THE DISCRETION OF THE
   14  RETIREMENT BOARD PURSUANT TO  PARAGRAPH  J  OF  THIS  SUBDIVISION.  THIS
   15  LONG-TERM STABLE CONTRIBUTION OPTION SHALL COMMENCE WITH THE JULY FIRST,
   16  TWO THOUSAND THIRTEEN FISCAL YEAR AND SHALL END AT THE DISCRETION OF THE
   17  RETIREMENT BOARD PURSUANT TO PARAGRAPH J OF THIS SUBDIVISION.
   18    F.  ANY  PARTICIPATING  EDUCATIONAL  EMPLOYER  WHICH ELECTS TO PAY THE
   19  STABLE CONTRIBUTION AMOUNT PURSUANT TO PARAGRAPHS A, B, C, D  AND  E  OF
   20  THIS  SUBDIVISION  SHALL PAY THE AMOUNT BASED ON THE STABLE CONTRIBUTION
   21  RATE FOR A PERIOD OF TWENTY-FIVE YEARS, SUCH TERM AS SUBJECT TO INCREASE
   22  OR DECREASE AT THE DISCRETION OF THE RETIREMENT BOARD PURSUANT TO  PARA-
   23  GRAPH  J  OF  THIS SUBDIVISION. THIS LONG-TERM STABLE CONTRIBUTION SHALL
   24  COMMENCE WITH THE JULY FIRST, TWO  THOUSAND  THIRTEEN  FISCAL  YEAR  AND
   25  SHALL  END  AT  THE DISCRETION OF THE RETIREMENT BOARD PURSUANT TO PARA-
   26  GRAPH J OF THIS SUBDIVISION. UPON COMPLETION OF  SUCH  LONG-TERM  STABLE
   27  CONTRIBUTION OPTION, THE PARTICIPATING EDUCATIONAL EMPLOYER SHALL RESUME
   28  PAYING NORMAL AND ADMINISTRATIVE CONTRIBUTIONS PURSUANT TO SECTIONS FIVE
   29  HUNDRED SEVENTEEN AND FIVE HUNDRED NINETEEN OF THIS ARTICLE.
   30    G.  A  PARTICIPATING EDUCATIONAL EMPLOYER MAKING A PAYMENT PURSUANT TO
   31  PARAGRAPHS A, B, C, D, E AND F OF THIS SUBDIVISION SHALL PAY  COMMENCING
   32  WITH  THE JULY FIRST, TWO THOUSAND THIRTEEN FISCAL YEAR AN AMOUNT DETER-
   33  MINED BY THE RETIREMENT  BOARD  BY  ADDING  THE  FOLLOWING  TWO  AMOUNTS
   34  TOGETHER:
   35    (1)  THE  STABLE CONTRIBUTION AMOUNT CALCULATED PURSUANT TO PARAGRAPHS
   36  A, B, C, D, E AND F OF THIS SUBDIVISION; AND
   37    (2) PAYMENTS FOR  GROUP  TERM  LIFE  INSURANCE,  DEFICIENCY  PAYMENTS,
   38  ADJUSTMENTS  RELATING TO PRIOR FISCAL YEARS' OBLIGATIONS AND OBLIGATIONS
   39  PERTAINING TO RETIREMENT INCENTIVES OR  ANY  OTHER  OBLIGATIONS  THAT  A
   40  PARTICIPATING  EDUCATIONAL  EMPLOYER IS PERMITTED TO PAY ON AN AMORTIZED
   41  BASIS.
   42    H. THE STABLE CONTRIBUTION AMOUNT MUST BE PAID IN FULL BY  PARTICIPAT-
   43  ING  EDUCATIONAL  EMPLOYERS  ON  THE  DATES  SPECIFIED IN PARAGRAPH H OF
   44  SUBDIVISION TWO OF THIS SECTION.
   45    I. THE RETIREMENT BOARD IS AUTHORIZED TO EVALUATE THE STABLE  CONTRIB-
   46  UTION RATE USED TO CALCULATE PARTICIPATING EDUCATIONAL EMPLOYER CONTRIB-
   47  UTION  AMOUNTS IN THE FISCAL YEAR COMMENCING ON JULY FIRST, TWO THOUSAND
   48  SEVENTEEN AND SUBSEQUENTLY IN THE FISCAL YEAR COMMENCING ON JULY  FIRST,
   49  TWO  THOUSAND  TWENTY-TWO. SUCH EVALUATION SHALL BE BASED ON A LONG-TERM
   50  PROJECTION OF ASSETS AND LIABILITIES SO AS TO ENSURE THAT  CONTRIBUTIONS
   51  BY   PARTICIPATING   EDUCATIONAL  EMPLOYERS  WHICH  PARTICIPATE  IN  THE
   52  LONG-TERM STABLE CONTRIBUTION OPTION ARE ADEQUATE TO ENSURE THAT  SYSTEM
   53  ASSETS  OVER  THE  LONG-TERM STABLE OPTION PERIOD ARE SUFFICIENT TO FUND
   54  BENEFITS FOR ACTIVE AND RETIRED MEMBERS  ASSOCIATED  WITH  PARTICIPATING
   55  EDUCATIONAL  EMPLOYERS.  THE  RETIREMENT BOARD IS AUTHORIZED TO INCREASE
   56  THE STABLE CONTRIBUTION RATE BY UP TO  TWO  PERCENTAGE  POINTS  AT  SUCH
       S. 2605--A                         33                         A. 3005--A
    1  FIVE-YEAR   AND  SUBSEQUENT  TEN-YEAR  EVALUATION.  THE  REVISED  STABLE
    2  CONTRIBUTION RATE RESULTING FROM THE FIVE AND SUBSEQUENT TEN-YEAR EVALU-
    3  ATION MAY NOT, IN COMBINATION, EXCEED SIXTEEN AND  FIVE-TENTHS  PERCENT.
    4  THE  RETIREMENT  BOARD IS AUTHORIZED TO DECREASE THE STABLE CONTRIBUTION
    5  RATE IF WARRANTED AT THE TEN-YEAR EVALUATION BUT IN NO EVENT  SHALL  THE
    6  STABLE CONTRIBUTION RATE BE LESS THAN TWELVE AND FIVE-TENTHS PERCENT.
    7    J.  (1) THE BASELINE LONG-TERM STABLE CONTRIBUTION TERM SHALL BE TWEN-
    8  TY-FIVE  YEARS.  PROVIDED,  HOWEVER,  SUCH  BASELINE  LONG-TERM   STABLE
    9  CONTRIBUTION  TERM  MAY  EVENTUALLY  BE  INCREASED  OR DECREASED, AT THE
   10  DISCRETION OF THE RETIREMENT BOARD, SO AS TO ENSURE THAT  SYSTEM  ASSETS
   11  ARE  SUFFICIENT  TO FUND BENEFITS FOR ACTIVE AND RETIRED MEMBERS ASSOCI-
   12  ATED WITH PARTICIPATING EDUCATIONAL EMPLOYERS.
   13    (2) THE RETIREMENT BOARD IS AUTHORIZED TO EVALUATE THE BASELINE  LONG-
   14  TERM  STABLE  CONTRIBUTION  TERM  EVERY FIVE YEARS AFTER THE FISCAL YEAR
   15  COMMENCING ON JULY FIRST, TWO THOUSAND THIRTEEN.  SUCH EVALUATION  SHALL
   16  INFORM   PARTICIPATING   EDUCATIONAL   EMPLOYERS  WHETHER  THE  BASELINE
   17  LONG-TERM STABLE CONTRIBUTION TERM IS EXPECTED TO INCREASE  OR  DECREASE
   18  PURSUANT  TO SUBPARAGRAPH ONE OF THIS PARAGRAPH AND THE DURATION OF SUCH
   19  INCREASE OR DECREASE.
   20    K. A PARTICIPATING EDUCATIONAL EMPLOYER MAY ELECT TO TERMINATE PARTIC-
   21  IPATION IN THE LONG-TERM STABLE CONTRIBUTION OPTION AND  RESUME  PAYMENT
   22  OF  THE  NORMAL  AND  ADMINISTRATIVE  CONTRIBUTIONS  IN  ACCORDANCE WITH
   23  SECTIONS FIVE HUNDRED SEVENTEEN AND FIVE HUNDRED NINETEEN OF THIS  ARTI-
   24  CLE.  PROVIDED,  HOWEVER,  THAT  SUCH PARTICIPATING EDUCATIONAL EMPLOYER
   25  WHICH ELECTS TO TERMINATE  PARTICIPATION  SHALL  MAKE  A  RECONCILIATION
   26  CONTRIBUTION  TO THE RETIREMENT SYSTEM, AT AN AMOUNT TO BE DETERMINED BY
   27  THE RETIREMENT BOARD, ADEQUATE TO  FUND  THE  BENEFITS  FOR  ACTIVE  AND
   28  RETIRED  MEMBERS ASSOCIATED WITH SUCH PARTICIPATING EDUCATIONAL EMPLOYER
   29  HAD SUCH PARTICIPATING EDUCATIONAL EMPLOYER NOT ELECTED  THE  PROVISIONS
   30  OF  THIS  SECTION. SUCH RECONCILIATION CONTRIBUTION SHALL BE MADE OVER A
   31  PERIOD NOT TO EXCEED FIVE YEARS AND SHALL BE MADE  IN  ADDITION  TO  THE
   32  NORMAL  AND  ADMINISTRATIVE  CONTRIBUTIONS  PURSUANT  TO  SECTIONS  FIVE
   33  HUNDRED SEVENTEEN AND FIVE HUNDRED NINETEEN  OF  THIS  ARTICLE  FOR  THE
   34  FISCAL  YEAR IN WHICH SUCH PARTICIPATING EDUCATIONAL EMPLOYER CHOOSES TO
   35  RESUME PAYMENT OF THE NORMAL AND ADMINISTRATIVE  CONTRIBUTIONS  PURSUANT
   36  TO  SECTIONS  FIVE  HUNDRED  SEVENTEEN AND FIVE HUNDRED NINETEEN OF THIS
   37  ARTICLE. TERMINATION OF THE LONG-TERM STABLE CONTRIBUTION  OPTION  BY  A
   38  PARTICIPATING  EDUCATIONAL  EMPLOYER  SHALL  BE  SUBJECT  TO  TIMING AND
   39  NOTIFICATION PROCEDURES ESTABLISHED BY THE RETIREMENT BOARD.
   40    S 7. Paragraph a of subdivision 2 of section 517 of the education  law
   41  is amended to read as follows:
   42    a. On account of each teacher who is a member of the retirement system
   43  there  shall  be  paid  annually  into  the pension accumulation fund by
   44  employers, a certain percentage of the earnable compensation of each  of
   45  such  members  of  the  retirement  system  to  be  known as the "normal
   46  contribution" and a further percentage known as the "deficiency contrib-
   47  ution." The rates per centum of such contributions shall be fixed on the
   48  basis of the liabilities of the retirement system as shown by  actuarial
   49  valuations;  PROVIDED,  HOWEVER,  THAT THE RATE PER CENTUM OF THE NORMAL
   50  CONTRIBUTION BE FIXED ON THE BASIS OF THE LIABILITIES OF THE  RETIREMENT
   51  SYSTEM AS SHOWN BY ACTUARIAL VALUATIONS, EXCLUDING THE LIABILITIES ASSO-
   52  CIATED  WITH  PARTICIPATING EDUCATIONAL EMPLOYERS AS DEFINED IN SUBPARA-
   53  GRAPH ONE OF PARAGRAPH A OF SUBDIVISION THREE OF  SECTION  FIVE  HUNDRED
   54  TWENTY-ONE OF THIS ARTICLE.
   55    S 8. This act shall take effect immediately.
         FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
       S. 2605--A                         34                         A. 3005--A
         This  bill  would amend the Retirement and Social Security Law and the
       Education Law as it pertains to bills for certain eligible employers  of
       the New York State and Local Employees' Retirement System (ERS), the New
       York  State  and Local Police and Fire Retirement System (PFRS), and the
       Teachers' Retirement System (TRS).
         This  bill puts in place a program that allows ERS, PFRS and TRS local
       government and school district employers, if they choose to participate,
       to secure a long-term stable employer contribution rate instead  of  the
       fluctuating  normal employer contribution rate applied to the employer's
       pensionable wage base.   The Comptroller and the  TRS  Retirement  Board
       will  determine the final length of the stable pension contribution term
       by increasing or decreasing such  term  to  ensure  appropriate  pension
       system  funding.  The  stable  pension  contribution  rates  would be 12
       percent for ERS, 12.5 percent for TRS, and 18.5 percent for PFRS.  These
       stable  pension  contribution  rates  could  be  increased, by up to two
       percentage points, at the discretion of  the  Comptroller  and  the  TRS
       Retirement  Board,  upon  evaluations  by System actuaries, five and ten
       years after commencement of the long-term stable contribution option.
         If this bill is enacted, we estimate that there would be little or  no
       impact  on  the  funded status of the ERS, PFRS and TRS systems over the
       full term of the program.    For  those  local  governments  and  school
       districts  which elect this option, employer pension contributions would
       be less than the normal employer pension contributions they would other-
       wise pay in the early years of the long-term  stable  employer  contrib-
       ution  option  and employer pension contributions would be more than the
       normal employer contributions they would  otherwise  pay  in  the  later
       years of the option.
         This  estimate,  dated  January  22,  2013,  and intended for use only
       during the 2013 Legislative Session, is prepared by  the  State  of  New
       York Division of the Budget.
    1                                   PART H
    2    Section  1.  Section  167-a  of  the  civil service law, as amended by
    3  section 1 of part I of chapter 55 of the laws of  2012,  is  amended  to
    4  read as follows:
    5    S 167-a. Reimbursement  for  medicare  premium charges. Upon exclusion
    6  from the coverage of the health benefit plan  of  supplementary  medical
    7  insurance  benefits for which an active or retired employee or a depend-
    8  ent covered by the health benefit plan is or would be eligible under the
    9  federal old-age, survivors and disability insurance program,  an  amount
   10  equal to the STANDARD MEDICARE premium charge WITHOUT ANY INCOME-RELATED
   11  ADJUSTMENT  for  such  supplementary medical insurance benefits for such
   12  active or retired employee and his or her dependents, if any,  shall  be
   13  paid  monthly  or  at other intervals to such active or retired employee
   14  from the health insurance fund. Where appropriate, such  amount  may  be
   15  deducted from contributions payable by the employee or retired employee;
   16  or  where  appropriate  in  the  case  of a retired employee receiving a
   17  retirement allowance, such amount may be included with payments  of  his
   18  or  her  retirement  allowance.  All  state  employer, employee, retired
   19  employee and dependent  contributions  to  the  health  insurance  fund,
   20  including  contributions  from public authorities, public benefit corpo-
   21  rations or other quasi-public organizations of the  state  eligible  for
   22  participation  in  the  health benefit plan as authorized by subdivision
   23  two of section  one  hundred  sixty-three  of  this  article,  shall  be
   24  adjusted  as necessary to cover the cost of reimbursing federal old-age,
       S. 2605--A                         35                         A. 3005--A
    1  survivors and disability insurance program premium  charges  under  this
    2  section.  This  cost  shall be included in the calculation of premium or
    3  subscription charges for  health  coverage  provided  to  employees  and
    4  retired  employees  of  the  state,  public  authorities, public benefit
    5  corporations or other quasi-public organizations of the state; provided,
    6  however, the state, public authorities, public benefit  corporations  or
    7  other  quasi-public organizations of the state shall remain obligated to
    8  pay no less than its share of such increased cost  consistent  with  its
    9  share  of  premium or subscription charges provided for by this article.
   10  All other employer contributions to the health insurance fund  shall  be
   11  adjusted as necessary to provide for such payments.
   12    S  2.  This  act  shall take effect immediately and shall be deemed to
   13  have been in full force and effect on and after January 1, 2013.
   14                                   PART I
   15    Section 1. The state finance law is amended by adding  a  new  section
   16  99-u to read as follows:
   17    S  99-U.  NEW YORK STATE GAMING COMMISSION ACCOUNT. 1. THERE IS HEREBY
   18  ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER  AND  THE  EXECUTIVE
   19  DIRECTOR  OF  THE  NEW  YORK  STATE  GAMING COMMISSION AN ACCOUNT IN THE
   20  MISCELLANEOUS SPECIAL REVENUE FUND TO BE KNOWN AS THE  "NEW  YORK  STATE
   21  GAMING COMMISSION ACCOUNT".
   22    2.  SUCH  ACCOUNT SHALL CONSIST OF MONEYS TRANSFERRED THERETO FROM THE
   23  STATE LOTTERY FUND ADMINISTRATION  ACCOUNT,  THE  REGULATION  OF  RACING
   24  ACCOUNT,  THE  BELL  JAR  COLLECTION ACCOUNT OR THE REGULATION OF INDIAN
   25  GAMING ACCOUNT.
   26    3. ALL MONEYS IN THE NEW YORK STATE GAMING COMMISSION ACCOUNT SHALL BE
   27  AVAILABLE, SUBJECT TO APPROPRIATION, FOR THE PAYMENT  OF  ADMINISTRATIVE
   28  EXPENSES OF THE NEW YORK STATE GAMING COMMISSION.
   29    S  2.  This  act  shall take effect immediately and shall be deemed to
   30  have been in full force and effect on and after February 1, 2013.
   31                                   PART J
   32    Section 1. Paragraphs 2 and 3 of subdivision b of section 1612 of  the
   33  tax law, as amended by section 1 of part O1 of chapter 57 of the laws of
   34  2009, are amended to read as follows:
   35    2. As consideration for the operation of a video lottery gaming facil-
   36  ity,  the division, shall cause the investment in the racing industry of
   37  a portion of the vendor fee received pursuant to paragraph one  of  this
   38  subdivision  in  the  manner  set  forth in this subdivision.   With the
   39  exception of Aqueduct  racetrack,  each  such  track  shall  dedicate  a
   40  portion  of  its vendor fees, received pursuant to clause (A), (B), (C),
   41  (D), (E), (F), or (G) of subparagraph (ii)  of  paragraph  one  of  this
   42  subdivision,  solely  for the purpose of enhancing purses at such track,
   43  in an amount equal to eight and  three-quarters  percent  of  the  total
   44  revenue  wagered  at  the  vendor  track after pay out for prizes.   ONE
   45  PERCENT OF SUCH PURSE ENHANCEMENT AMOUNT SHALL BE  PAID  TO  THE  GAMING
   46  COMMISSION  TO  BE  USED EXCLUSIVELY TO PROMOTE AND ENSURE EQUINE HEALTH
   47  AND SAFETY IN NEW YORK. ANY  PORTION  OF  SUCH  FUNDING  TO  THE  GAMING
   48  COMMISSION  UNUSED  DURING  A FISCAL YEAR SHALL BE RETURNED TO THE VIDEO
   49  LOTTERY GAMING OPERATORS ON A PRO RATA  BASIS  IN  ACCORDANCE  WITH  THE
   50  AMOUNTS  ORIGINALLY  CONTRIBUTED  BY EACH OPERATOR AND SHALL BE USED FOR
   51  THE PURPOSE OF ENHANCING PURSES AT SUCH TRACK.  In  addition,  with  the
   52  exception  of  Aqueduct  racetrack, one and one-quarter percent of total
       S. 2605--A                         36                         A. 3005--A
    1  revenue wagered at the vendor track after pay out for  prizes,  received
    2  pursuant  to clause (A), (B), (C), (D), (E), (F), or (G) of subparagraph
    3  (ii) of paragraph one of this subdivision, shall be distributed  to  the
    4  appropriate  breeding  fund  for  the manner of racing conducted by such
    5  track.
    6    Provided, further, that nothing in this paragraph shall  prevent  each
    7  track  from  entering  into an agreement, not to exceed five years, with
    8  the organization authorized to represent its  horsemen  to  increase  or
    9  decrease  the portion of its vendor fee dedicated to enhancing purses at
   10  such track during the years of participation by such track, or  to  race
   11  fewer dates than required herein.
   12    3.  Nothing  in  paragraph  two  of  this subdivision shall affect any
   13  agreement in effect on or before the effective date of  this  paragraph,
   14  EXCEPT  THAT  THE  OBLIGATION  TO  PAY FUNDS TO THE GAMING COMMISSION TO
   15  PROMOTE  AND  ENSURE  EQUINE  HEALTH  AND  SAFETY  SHALL  SUPERSEDE  ANY
   16  PROVISION TO THE CONTRARY IN ANY SUCH AGREEMENT.
   17    S  2.  Paragraph 1 of subdivision f of section 1612 of the tax law, as
   18  amended by chapter 140 of the laws  of  2008,  is  amended  to  read  as
   19  follows:
   20    1.  Six  and  one-half  percent  of  the total wagered after payout of
   21  prizes for the first year of operation of video lottery gaming at  Aque-
   22  duct  racetrack,  seven  percent  of  the  total wagered after payout of
   23  prizes for the second year of operation, and seven and one-half  percent
   24  of the total wagered after payout of prizes for the third year of opera-
   25  tion  and  thereafter,  for  the purpose of enhancing purses at Aqueduct
   26  racetrack, Belmont Park racetrack and Saratoga race course.  ONE PERCENT
   27  OF SUCH PURSE ENHANCEMENT AMOUNT SHALL BE PAID TO THE GAMING  COMMISSION
   28  TO BE USED EXCLUSIVELY TO PROMOTE AND ENSURE EQUINE HEALTH AND SAFETY IN
   29  NEW  YORK.  ANY  PORTION OF SUCH FUNDING TO THE GAMING COMMISSION UNUSED
   30  DURING A FISCAL YEAR SHALL BE RETURNED ON A PRO RATA BASIS IN ACCORDANCE
   31  WITH THE AMOUNTS ORIGINALLY  CONTRIBUTED  AND  SHALL  BE  USED  FOR  THE
   32  PURPOSE OF ENHANCING PURSES AT SUCH TRACKS.
   33    S 3. This act shall take effect immediately.
   34                                   PART K
   35    Section  1.  Subparagraph  (vii)  of  paragraph q of subdivision 10 of
   36  section 54 of the state finance law, as added by section 3 of part K  of
   37  chapter 57 of the laws of 2011, is amended to read as follows:
   38    (vii)  Matching  funds  equal  to  [ten] AT LEAST FIFTY percent of the
   39  total cost of activities under the  grant  work  plan  approved  by  the
   40  department  of state shall be required FOR A LOCAL GOVERNMENT RE-ORGANI-
   41  ZATION GRANT FOR A RE-ORGANIZATION STUDY, EXCEPT FOR  SUCH  GRANTS  THAT
   42  ARE AWARDED TO A LOCAL GOVERNMENT ENTITY ELIGIBLE FOR AN EXPEDITED GRANT
   43  PURSUANT  TO SUBPARAGRAPH (V) OF THIS PARAGRAPH.  UPON IMPLEMENTATION OF
   44  THE LOCAL GOVERNMENT RE-ORGANIZATION, THE LOCAL MATCHING FUNDS  REQUIRED
   45  BY  SUCH  GRANT FOR A RE-ORGANIZATION STUDY SHALL BE REFUNDED EXCEPT FOR
   46  TEN PERCENT OF THE TOTAL COST OF ACTIVITIES UNDER THE  GRANT  WORK  PLAN
   47  APPROVED  BY  THE  DEPARTMENT OF STATE. MATCHING FUNDS EQUAL TO AT LEAST
   48  TEN PERCENT OF THE TOTAL COST OF ACTIVITIES UNDER THE  GRANT  WORK  PLAN
   49  APPROVED  BY  THE  DEPARTMENT  OF  STATE  SHALL  BE REQUIRED FOR A LOCAL
   50  GOVERNMENT RE-ORGANIZATION GRANT FOR A RE-ORGANIZATION STUDY AWARDED  TO
   51  A  LOCAL  GOVERNMENT  ENTITY ELIGIBLE FOR AN EXPEDITED GRANT PURSUANT TO
   52  SUBPARAGRAPH (V) OF THIS PARAGRAPH AND FOR A LOCAL GOVERNMENT RE-ORGANI-
   53  ZATION GRANT FOR THE IMPLEMENTATION OF A RE-ORGANIZATION.
       S. 2605--A                         37                         A. 3005--A
    1    S 2.   The opening paragraph of  paragraph  r  of  subdivision  10  of
    2  section  54 of the state finance law, as added by section 3 of part K of
    3  chapter 57 of the laws of 2011, is amended to read as follows:
    4    Local  government  efficiency  grant  program  beginning  in the state
    5  fiscal year commencing April first, two thousand eleven  AND  CONTINUING
    6  UNTIL THE END OF THE STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOU-
    7  SAND TWELVE.
    8    S  3.  Paragraphs s and t of subdivision 10 of section 54 of the state
    9  finance law, paragraph t as relettered by section 3 of part K of chapter
   10  57 of the laws of 2011, are relettered paragraphs t  and  u  and  a  new
   11  paragraph s is added to read as follows:
   12    S.  LOCAL  GOVERNMENT  EFFICIENCY GRANT PROGRAM BEGINNING IN THE STATE
   13  FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND THIRTEEN. (I)  (1)  FOR
   14  THE  PURPOSES  OF  THIS  PARAGRAPH,  "MUNICIPALITY" SHALL MEAN A COUNTY,
   15  CITY, TOWN, VILLAGE, SPECIAL IMPROVEMENT DISTRICT, FIRE DISTRICT, PUBLIC
   16  LIBRARY, ASSOCIATION LIBRARY, OR PUBLIC LIBRARY  SYSTEM  AS  DEFINED  BY
   17  SECTION  TWO HUNDRED SEVENTY-TWO OF THE EDUCATION LAW, PROVIDED HOWEVER,
   18  THAT FOR THE PURPOSES OF THIS DEFINITION, A PUBLIC LIBRARY SYSTEM  SHALL
   19  BE CONSIDERED A MUNICIPALITY ONLY IN INSTANCES WHERE SUCH PUBLIC LIBRARY
   20  SYSTEM  ADVANCES  A JOINT APPLICATION ON BEHALF OF ITS MEMBER LIBRARIES,
   21  WATER AUTHORITY, SEWER  AUTHORITY,  REGIONAL  PLANNING  AND  DEVELOPMENT
   22  BOARD,  SCHOOL  DISTRICT,  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES;
   23  PROVIDED, HOWEVER, THAT FOR THE PURPOSES OF THIS DEFINITION, A BOARD  OF
   24  COOPERATIVE EDUCATIONAL SERVICES SHALL BE CONSIDERED A MUNICIPALITY ONLY
   25  IN  INSTANCES  WHERE  SUCH  BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES
   26  ADVANCES A JOINT APPLICATION ON BEHALF OF  SCHOOL  DISTRICTS  AND  OTHER
   27  MUNICIPALITIES  WITHIN  THE  BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES
   28  REGION; PROVIDED, HOWEVER, THAT ANY AGREEMENTS WITH A BOARD  OF  COOPER-
   29  ATIVE  EDUCATIONAL  SERVICES:  SHALL  NOT GENERATE ADDITIONAL STATE AID;
   30  SHALL BE DEEMED NOT TO BE A PART OF THE PROGRAM, CAPITAL AND ADMINISTRA-
   31  TIVE BUDGETS OF THE BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  FOR  THE
   32  PURPOSES  OF  COMPUTING CHARGES UPON COMPONENT SCHOOL DISTRICTS PURSUANT
   33  TO SUBDIVISION ONE AND SUBPARAGRAPH SEVEN OF PARAGRAPH B OF  SUBDIVISION
   34  FOUR  OF  SECTION  NINETEEN HUNDRED FIFTY AND SUBDIVISION ONE OF SECTION
   35  NINETEEN HUNDRED FIFTY-ONE OF THE EDUCATION LAW; AND SHALL BE DEEMED  TO
   36  BE  A  COOPERATIVE MUNICIPAL SERVICE FOR PURPOSES OF SUBPARAGRAPH TWO OF
   37  PARAGRAPH D OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THE
   38  EDUCATION LAW.
   39    (2) FOR THE PURPOSES OF  THIS  PARAGRAPH,  "FUNCTIONAL  CONSOLIDATION"
   40  SHALL  MEAN  ONE MUNICIPALITY COMPLETELY PROVIDING A SERVICE OR FUNCTION
   41  FOR ANOTHER MUNICIPALITY, WHICH NO LONGER PROVIDES SUCH SERVICE OR FUNC-
   42  TION.
   43    (II) WITHIN THE ANNUAL AMOUNTS APPROPRIATED THEREFOR, THE SECRETARY OF
   44  STATE MAY AWARD COMPETITIVE GRANTS  TO  MUNICIPALITIES  TO  COVER  COSTS
   45  ASSOCIATED WITH LOCAL GOVERNMENT EFFICIENCY PROJECTS, INCLUDING, BUT NOT
   46  LIMITED  TO, PLANNING FOR OR IMPLEMENTATION OF A MUNICIPAL CONSOLIDATION
   47  OR DISSOLUTION, A FUNCTIONAL CONSOLIDATION, A  CITY  OR  COUNTY  CHARTER
   48  REVISION  THAT  INCLUDES FUNCTIONAL CONSOLIDATION, SHARED OR COOPERATIVE
   49  SERVICES, AND REGIONALIZED DELIVERY OF SERVICES; PROVIDED, HOWEVER, THAT
   50  SUCH LOCAL GOVERNMENT EFFICIENCY PROJECTS MUST DEMONSTRATE NEW  OPPORTU-
   51  NITIES  FOR  FINANCIAL  SAVINGS  AND OPERATIONAL EFFICIENCIES; PROVIDED,
   52  FURTHER, THAT ELIGIBLE LOCAL GOVERNMENT EFFICIENCY  PROJECTS  SHALL  NOT
   53  INCLUDE  STUDIES AND PLANS FOR A LOCAL GOVERNMENT RE-ORGANIZATION ELIGI-
   54  BLE TO RECEIVE A LOCAL GOVERNMENT CITIZENS  RE-ORGANIZATION  EMPOWERMENT
   55  GRANT  PURSUANT  TO  PARAGRAPH  Q  OF THIS SUBDIVISION. THE SECRETARY OF
   56  STATE MAY FOCUS THE GRANT PROGRAM IN SPECIFIC FUNCTIONAL  AREAS,  WITHIN
       S. 2605--A                         38                         A. 3005--A
    1  DISTRESSED  COMMUNITIES  AND AREAS OF HISTORICALLY HIGH LOCAL GOVERNMENT
    2  COSTS AND PROPERTY TAXES, OR IN AREAS OF UNIQUE  OPPORTUNITY,  IN  WHICH
    3  CASE  SUCH  AREAS  OF  FOCUS SHALL BE DETAILED IN A REQUEST FOR APPLICA-
    4  TIONS.
    5    (III)  ANY  APPROVED PROJECT SHALL INCLUDE AN EXAMINATION OF FINANCIAL
    6  SAVINGS, RETURN ON PUBLIC INVESTMENT AND MANAGEMENT IMPROVEMENTS RESULT-
    7  ING FROM PROJECT IMPLEMENTATION.
    8    (IV) LOCAL GOVERNMENT EFFICIENCY GRANTS MAY BE  USED  TO  COVER  COSTS
    9  INCLUDING,  BUT  NOT  LIMITED TO, LEGAL AND CONSULTANT SERVICES, CAPITAL
   10  IMPROVEMENTS, TRANSITIONAL PERSONNEL COSTS AND OTHER NECESSARY  EXPENSES
   11  RELATED  TO  IMPLEMENTING THE APPROVED LOCAL GOVERNMENT EFFICIENCY GRANT
   12  WORK PLAN. GRANTS MAY BE USED  FOR  CAPITAL  IMPROVEMENTS,  TRANSITIONAL
   13  PERSONNEL  COSTS  OR  JOINT EQUIPMENT PURCHASES ONLY WHERE SUCH EXPENSES
   14  ARE INTEGRAL  TO  IMPLEMENTATION  OF  THE  LOCAL  GOVERNMENT  EFFICIENCY
   15  PROJECT.  NO PART OF THE GRANT SHALL BE USED BY THE APPLICANT FOR RECUR-
   16  RING EXPENSES SUCH AS SALARIES, EXCEPT  THAT  THE  SALARIES  OF  CERTAIN
   17  TRANSITIONAL  PERSONNEL ESSENTIAL FOR THE IMPLEMENTATION OF THE APPROVED
   18  LOCAL GOVERNMENT EFFICIENCY GRANT WORK PLAN  SHALL  BE  ELIGIBLE  FOR  A
   19  PERIOD  NOT  TO  EXCEED  THREE  YEARS.  THE  AMOUNTS AWARDED TO A SCHOOL
   20  DISTRICT PURSUANT TO THIS SUBPARAGRAPH SHALL  NOT  BE  INCLUDED  IN  THE
   21  APPROVED  OPERATING  EXPENSE  OF THE SCHOOL DISTRICT AS DEFINED IN PARA-
   22  GRAPH T OF SUBDIVISION ONE OF SECTION  THIRTY-SIX  HUNDRED  TWO  OF  THE
   23  EDUCATION LAW.
   24    (V)  THE  MAXIMUM  CUMULATIVE GRANT AWARD FOR A LOCAL GOVERNMENT EFFI-
   25  CIENCY PROJECT SHALL NOT EXCEED TWO HUNDRED THOUSAND DOLLARS PER MUNICI-
   26  PALITY; PROVIDED, HOWEVER, THAT IN NO CASE SHALL SUCH A PROJECT  RECEIVE
   27  A  CUMULATIVE  GRANT AWARD IN EXCESS OF ONE MILLION DOLLARS. THE MAXIMUM
   28  GRANT AWARD FOR A LOCAL GOVERNMENT EFFICIENCY PLANNING PROJECT,  OR  THE
   29  PLANNING  COMPONENT  OF A PROJECT THAT INCLUDES BOTH PLANNING AND IMPLE-
   30  MENTATION OF A LOCAL GOVERNMENT EFFICIENCY  PROJECT,  SHALL  NOT  EXCEED
   31  TWELVE  THOUSAND FIVE HUNDRED DOLLARS PER MUNICIPALITY; PROVIDED, HOWEV-
   32  ER, THAT IN NO EVENT SHALL SUCH A PLANNING PROJECT RECEIVE A GRANT AWARD
   33  IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS.
   34    (VI) LOCAL MATCHING FUNDS EQUAL TO AT LEAST FIFTY PERCENT OF THE TOTAL
   35  COST OF ACTIVITIES UNDER THE GRANT WORK PLAN APPROVED BY THE  DEPARTMENT
   36  OF STATE SHALL BE REQUIRED FOR PLANNING GRANTS, AND LOCAL MATCHING FUNDS
   37  EQUAL  TO AT LEAST TEN PERCENT OF THE TOTAL COST OF ACTIVITIES UNDER THE
   38  GRANT WORK PLAN APPROVED BY THE DEPARTMENT OF STATE  SHALL  BE  REQUIRED
   39  FOR  IMPLEMENTATION  GRANTS. IN THE EVENT AN APPLICANT IS IMPLEMENTING A
   40  PROJECT THAT THE APPLICANT DEVELOPED THROUGH  A  SUCCESSFULLY  COMPLETED
   41  PLANNING  GRANT  FUNDED  UNDER  THE  LOCAL  GOVERNMENT  EFFICIENCY GRANT
   42  PROGRAM OR THE SHARED MUNICIPAL SERVICES INCENTIVE  GRANT  PROGRAM,  THE
   43  LOCAL  MATCHING  FUNDS  REQUIRED  SHALL BE REDUCED BY THE LOCAL MATCHING
   44  FUNDS REQUIRED BY SUCH SUCCESSFULLY COMPLETED PLANNING GRANT UP  TO  THE
   45  AMOUNT OF LOCAL MATCHING FUNDS REQUIRED FOR THE IMPLEMENTATION GRANT.
   46    (VII)  IN  THE SELECTION OF GRANT AWARDS, THE SECRETARY OF STATE SHALL
   47  GIVE THE HIGHEST PRIORITY TO APPLICATIONS: (1) THAT WOULD RESULT IN  THE
   48  DISSOLUTION OR CONSOLIDATION OF MUNICIPALITIES; (2) THAT WOULD IMPLEMENT
   49  THE  COMPLETE FUNCTIONAL CONSOLIDATION OF A MUNICIPAL SERVICE; OR (3) BY
   50  LOCAL GOVERNMENTS WITH HISTORICALLY HIGH COSTS OF  LOCAL  GOVERNMENT  OR
   51  SUSTAINED  INCREASES  IN  PROPERTY TAXES. PRIORITY WILL ALSO BE GIVEN TO
   52  MUNICIPALITIES THAT HAVE PREVIOUSLY COMPLETED A PLANNING GRANT  PURSUANT
   53  TO  THIS  PROGRAM  OR  THE  SHARED  MUNICIPAL  SERVICES  INCENTIVE GRANT
   54  PROGRAM, AND TO LOCAL GOVERNMENTS CURRENTLY INVOLVED IN REGIONAL  DEVEL-
   55  OPMENT  PROJECTS  THAT  HAVE  RECEIVED FUNDS THROUGH STATE COMMUNITY AND
   56  INFRASTRUCTURE DEVELOPMENT PROGRAMS.
       S. 2605--A                         39                         A. 3005--A
    1    (VIII) THE DEPARTMENT OF STATE SHALL PREPARE AN ANNUAL REPORT  TO  THE
    2  GOVERNOR  AND  THE LEGISLATURE ON THE EFFECTIVENESS OF THE LOCAL GOVERN-
    3  MENT EFFICIENCY GRANT PROGRAM AND THE LOCAL GOVERNMENT  CITIZENS  RE-OR-
    4  GANIZATION  EMPOWERMENT GRANT PROGRAM.  SUCH REPORT SHALL BE PROVIDED ON
    5  OR  BEFORE  OCTOBER  FIRST  OF  EACH  YEAR AND SHALL INCLUDE, BUT NOT BE
    6  LIMITED TO, THE FOLLOWING: A SUMMARY OF APPLICATIONS AND AWARDS FOR EACH
    7  GRANT CATEGORY, AN ASSESSMENT OF PROGRESS  IN  IMPLEMENTING  INITIATIVES
    8  THAT  RECEIVED GRANT AWARDS, AND ESTIMATED FINANCIAL SAVINGS AND SIGNIF-
    9  ICANT IMPROVEMENTS IN  SERVICE  REALIZED  BY  MUNICIPALITIES  THAT  HAVE
   10  RECEIVED GRANTS.
   11    S  4.  This  act  shall take effect immediately and shall be deemed to
   12  have been in full force and effect on and after April 1, 2013.
   13                                   PART L
   14    Section 1. Notwithstanding any provision of law to the  contrary,  any
   15  provision  of  statute or regulation that requires a local government or
   16  school district to submit a report to a state agency or  authority  that
   17  has  not been approved for continuation by the mandate relief council as
   18  provided herein shall expire and be deemed repealed on  April  1,  2014;
   19  provided,  however, that all provisions of such statutes and regulations
   20  other than such specific reporting requirements shall be  unaffected  by
   21  the  repeal  of such reporting requirements and remain in full force and
   22  effect. Every state agency and authority  shall  refer  to  the  mandate
   23  relief council, on or before September 1, 2013, all local government and
   24  school  district  reporting  requirements,  imposed  by statute or regu-
   25  lation, and which of these reporting requirements, in the opinion of the
   26  agency or authority, are necessary and should be continued because  such
   27  reporting requirements are (1) required for compliance with federal laws
   28  or  rules or to meet eligibility standards for federal entitlements; (2)
   29  required for the protection of the health,  safety  or  welfare  of  the
   30  public;  or (3) are otherwise necessary for critical state purposes. The
   31  council shall review such requests to determine whether such reports are
   32  necessary and should be continued. Upon a determination that a reporting
   33  requirement is necessary and should be continued, the council may direct
   34  the agency or authority to take actions to reduce the burden the report-
   35  ing requirement imposes on local governments and school districts.
   36    S 2. This act shall take effect immediately; provided that the mandate
   37  relief council shall notify the  legislative  bill  drafting  commission
   38  which  reporting  requirements  were  referred to it and which reporting
   39  requirements were approved for continuation so that such commission  may
   40  maintain  an accurate and timely effective database of the official text
   41  of the laws of the state of New York in  furtherance  of  effecting  the
   42  provisions  of section 44 of the legislative law and section 70-b of the
   43  public officers law.
   44                                   PART M
   45    Section 1. The state comptroller is hereby authorized and directed  to
   46  loan  money in accordance with the provisions set forth in subdivision 5
   47  of section 4 of the state finance law  to  the  following  funds  and/or
   48  accounts:
   49    1. Tuition reimbursement fund:
   50    a. Tuition reimbursement account (20451).
   51    b. Proprietary vocational school supervision account (20452).
   52    2. Local government records management improvement fund:
       S. 2605--A                         40                         A. 3005--A
    1    a. Local government records management account (20501).
    2    3. Dedicated highway and bridge trust fund:
    3    a. Highway and bridge capital account (30051).
    4    4. State university residence hall rehabilitation fund.
    5    5. State parks infrastructure trust fund:
    6    a. State parks infrastructure account (30351).
    7    6. Clean water/clean air implementation fund.
    8    7. Employees health insurance fund.
    9    a. Employees health insurance account (60201).
   10    8. State lottery fund:
   11    a. Education - New (20901).
   12    b. VLT - Sound basic education fund (20904).
   13    9. Medicaid management information system escrow fund.
   14    10. Sewage treatment program management and administration fund.
   15    11. Environmental conservation special revenue fund:
   16    a. Waste cleanup and management account (21053).
   17    b. Hazardous bulk storage account (21061).
   18    c. Great lakes restoration initiative account (21087).
   19    d. Low level radioactive waste siting account (21066).
   20    e. Recreation account (21067).
   21    f. Public safety recovery account (21077).
   22    g. Conservationist magazine account (21080).
   23    h. Environmental regulatory account (21081).
   24    i. Natural resource account (21082).
   25    j. Mined land reclamation program account (21084).
   26    k. Federal grants indirect cost recovery account (21065).
   27    12. Environmental protection and oil spill compensation fund.
   28    13. Hazardous waste remedial fund:
   29    a. Hazardous waste remedial cleanup account (31506).
   30    14. Mass transportation operating assistance fund:
   31    a. Public transportation systems account (21401).
   32    b. Metropolitan mass transportation (21402).
   33    15. Clean air fund:
   34    a. Operating permit program account (21451).
   35    b. Mobile source account (21452).
   36    16. Centralized services fund.
   37    17. State exposition special fund.
   38    18. Agency enterprise fund:
   39    a. OGS convention center account (50318).
   40    19. Agencies internal service fund:
   41    a. Archives records management account (55052).
   42    b. Federal single audit account (55053).
   43    c. Civil service law: sec 11 admin account (55055).
   44    d. Civil service EHS occupational health program account (55056).
   45    e. Banking services account (55057).
   46    f. Cultural resources survey account (55058).
   47    g. Neighborhood work project (55059).
   48    h. Automation & printing chargeback account (55060).
   49    i. OFT NYT account (55061).
   50    j. Data center account (55062).
   51    k. Human service telecom account (55063).
   52    l. Centralized technology services account (55069).
   53    m. OPWDD copy center account (55065).
   54    n. Intrusion detection account (55066).
   55    o. Domestic violence grant account (55067).
   56    p. Learning management system account (55070).
       S. 2605--A                         41                         A. 3005--A
    1    q. Tax contact center account.
    2    r. Human services contact center account.
    3    s. Labor contact center account.
    4    20. Miscellaneous special revenue fund:
    5    a. Statewide planning and research cooperative system account (21902).
    6    b. OPWDD provider of service account (21903).
    7    c. New York state thruway authority account (21905).
    8    d. Mental hygiene patient income account (21909).
    9    e. Financial control board account (21911).
   10    f. Regulation of racing account (21912).
   11    g. New York metropolitan transportation council account (21913).
   12    h. Cyber upgrade account (21919).
   13    i. State university dormitory income reimbursable account (21937).
   14    j. Energy research account (21943).
   15    k. Criminal justice improvement account (21945).
   16    l. Fingerprint identification and technology account (21950).
   17    m. Environmental laboratory reference fee account (21959).
   18    n. Clinical laboratory reference system assessment account (21962).
   19    o. Public employment relations board account (21964).
   20    p. Cable television account (21971).
   21    q. Indirect cost recovery account (21978).
   22    r. High school equivalency program account (21979).
   23    s. Rail safety inspection account (21983).
   24    t. Multi-agency training account (21989).
   25    u. Critical infrastructure account (21992).
   26    v. Bell jar collection account (22003).
   27    w. Industry and utility service account (22004).
   28    x. Real property disposition account (22006).
   29    y. Parking account (22007).
   30    z. Asbestos safety training program account (22009).
   31    aa. Public service account (22011).
   32    bb. Batavia school for the blind account (22032).
   33    cc. Investment services account (22034).
   34    dd. Surplus property account (22036).
   35    ee. Financial oversight account (22039).
   36    ff. Regulation of indian gaming account (22046).
   37    gg. Rome school for the deaf account (22053).
   38    hh. Seized assets account (22054).
   39    ii. Administrative adjudication account (22055).
   40    jj. Federal salary sharing account (22056).
   41    kk. New York City assessment account (22062).
   42    ll. Cultural education account (22063).
   43    mm. Examination and miscellaneous revenue account (22065).
   44    nn. Local services account (22078).
   45    oo. DHCR mortgage servicing account (22085).
   46    pp. Department of motor vehicles compulsory insurance account (22087).
   47    qq. Housing indirect cost recovery account (22090).
   48    rr. DHCR-HCA application fee account (22100).
   49    ss. Low income housing monitoring account (22130).
   50    tt. Corporation administration account (22135).
   51    uu. Montrose veteran's home account (22144).
   52    vv. Motor fuel quality account (22149).
   53    ww. Deferred compensation administration account (22151).
   54    xx. Rent revenue other account (22156).
   55    yy. Rent revenue account (22158).
   56    zz. Tax revenue arrearage account (22168).
       S. 2605--A                         42                         A. 3005--A
    1    aaa. Solid waste management account (22176).
    2    bbb. Capacity contracting (22016).
    3    ccc. Point insurance reduction program account.
    4    ddd. Internet point insurance reduction program account (22094).
    5    eee. Mental hygiene program fund account (21907).
    6    fff. Third party debt collection account.
    7    21. New York State Transformative Capital Fund:
    8    a. Storm recovery account.
    9    b. Transformative capital account.
   10    22. State university income fund:
   11    a. State university general income offset account (22654).
   12    23. State police and motor vehicle law enforcement fund:
   13    a. State police motor vehicle law enforcement account (22802).
   14    24. Youth facilities improvement fund:
   15    a. Youth facilities improvement account (31701).
   16    25. Highway safety program fund:
   17    a. Highway safety program account (23001).
   18    26. Drinking water program management and administration fund:
   19    a. EFC drinking water program account (23101).
   20    b. DOH drinking water program account (23102).
   21    27. New York city county clerks offset fund:
   22    a. NYCCC operating offset account (23151).
   23    28. Housing assistance fund.
   24    29. Housing program fund.
   25    30. Department of transportation - engineering services fund:
   26    a. Highway facility purpose account (31951).
   27    31. Miscellaneous capital projects fund:
   28    a. New York racing account (32213).
   29    32. Mental hygiene facilities capital improvement fund.
   30    33. Joint labor/management administration fund:
   31    a. Joint labor/management administration fund (55201).
   32    34. Audit and control revolving fund:
   33    a. Executive direction internal audit account (55251).
   34    b. CIO Information technology centralized services account (55252).
   35    35. Health insurance internal service fund:
   36    a. Health insurance internal service account (55300).
   37    b. Civil service employee benefits div admin (55301).
   38    36. Correctional industries revolving fund.
   39    37. Correctional facilities capital improvement fund.
   40    38. HCRA resources fund:
   41    a. EPIC premium account (20818).
   42    b. Hospital based grants program account (20812).
   43    c. Child health plus program account (20810).
   44    S 1-a. The state comptroller is hereby authorized and directed to loan
   45  money  in  accordance  with the provisions set forth in subdivision 5 of
   46  section 4 of the state finance law to any account within  the  following
   47  federal  funds,  provided  the comptroller has made a determination that
   48  sufficient federal grant award authority is available to reimburse  such
   49  loans:
   50    1. Federal USDA-food nutrition services fund.
   51    2. Federal health and human services fund.
   52    3. Federal education grants fund.
   53    4. Federal block grant fund.
   54    5. Federal operating grants fund.
   55    6. Federal capital projects fund.
   56    7. Federal unemployment insurance administration fund.
       S. 2605--A                         43                         A. 3005--A
    1    8. Federal unemployment insurance occupational training fund.
    2    9. Federal employment and training grants.
    3    S  2.  Notwithstanding any law to the contrary, and in accordance with
    4  section 4 of the state finance law, the comptroller is hereby authorized
    5  and directed to transfer, upon request of the director of the budget, on
    6  or before March 31, 2014, up to the unencumbered balance or the  follow-
    7  ing amounts:
    8    Economic Development and Public Authorities:
    9    1.  $175,000  from  the miscellaneous special revenue fund underground
   10  facilities safety training account (22172), to the general fund.
   11    2. An amount up to the unencumbered  balance  from  the  miscellaneous
   12  special  revenue  fund, business and licensing services account (21977),
   13  to the general fund.
   14    3. $14,810,000 from  the  miscellaneous  special  revenue  fund,  code
   15  enforcement account (21904), to the general fund.
   16    4.  An  amount  up  to the unencumbered balance from the miscellaneous
   17  special revenue fund,  administrative  costs  account  (21974),  to  the
   18  general fund.
   19    5.  $3,000,000  from  the  general  fund  to the miscellaneous special
   20  revenue fund, tax revenue arrearage account (22168).
   21    Education:
   22    1. $2,242,000,000 from the general fund to  the  state  lottery  fund,
   23  education  account (20901), as reimbursement for disbursements made from
   24  such fund for supplemental aid to education pursuant to section 92-c  of
   25  the  state  finance  law  that are in excess of the amounts deposited in
   26  such fund for such purposes pursuant to section 1612 of the tax law.
   27    2. $901,800,000 from the general fund to the state lottery  fund,  VLT
   28  education  account (20904), as reimbursement for disbursements made from
   29  such fund for supplemental aid to education pursuant to section 92-c  of
   30  the  state  finance  law  that are in excess of the amounts deposited in
   31  such fund for such purposes pursuant to section 1612 of the tax law.
   32    3. Moneys from the state lottery fund up to  an  amount  deposited  in
   33  such  fund  pursuant  to  section  1612  of the tax law in excess of the
   34  current year appropriation for supplemental aid to education pursuant to
   35  section 92-c of the state finance law.
   36    4. $300,000 from the local government records  management  improvement
   37  fund to the archives partnership trust fund.
   38    5. $900,000 from the general fund to the miscellaneous special revenue
   39  fund, Batavia school for the blind account (22032).
   40    6. $900,000 from the general fund to the miscellaneous special revenue
   41  fund, Rome school for the deaf account (22053).
   42    7.  $80,000,000 from the state university dormitory income fund to the
   43  state university residence hall rehabilitation fund.
   44    8. $343,400,000 from the state university dormitory income fund to the
   45  miscellaneous special revenue fund, state  university  dormitory  income
   46  reimbursable account (21937).
   47    9.  $24,000,000  from  any  of  the state education department special
   48  revenue and internal service funds to the miscellaneous special  revenue
   49  fund, indirect cost recovery account (21978).
   50    10.  $8,318,000  from  the general fund to the state university income
   51  fund, state university income offset account (22654),  for  the  state's
   52  share of repayment of the STIP loan.
   53    11. $51,700,000 from the state university income fund, state universi-
   54  ty hospitals income reimbursable account (22656) to the general fund for
   55  hospital  debt  service  for  the period April 1, 2013 through March 31,
   56  2014.
       S. 2605--A                         44                         A. 3005--A
    1    Environmental Affairs:
    2    1.  $5,000,000 from the department of transportation's federal capital
    3  projects fund to the office of parks and  recreation  federal  operating
    4  grants fund, miscellaneous operating grants account (25300).
    5    2.  $16,000,000  from any of the department of environmental conserva-
    6  tion's special revenue federal funds to the special revenue fund federal
    7  grant indirect cost recovery account (22188).
    8    3. $2,000,000 from any of the department  of  environmental  conserva-
    9  tion's  special revenue federal funds to the conservation fund as neces-
   10  sary to avoid diversion of conservation funds.
   11    4. $15,000,000 from the environmental protection  fund,  environmental
   12  protection transfer account (30451) to the general fund.
   13    5. $3,000,000 from any of the office of parks, recreation and historic
   14  preservation  capital projects federal funds and special revenue federal
   15  funds to the special revenue fund federal grant indirect  cost  recovery
   16  account (22188).
   17    6. $1,000,000 from any of the office of parks, recreation and historic
   18  preservation  special revenue federal funds to the special revenue fund,
   19  I love NY water account (21930).
   20    Family Assistance:
   21    1. $10,000,000 from any of the office of children and family services,
   22  office of temporary and disability assistance, or department  of  health
   23  special  revenue  federal funds and the general fund, in accordance with
   24  agreements with social services districts, to the miscellaneous  special
   25  revenue  fund, office of human resources development state match account
   26  (21967).
   27    2. $3,000,000 from any of the office of children and  family  services
   28  or office of temporary and disability assistance special revenue federal
   29  funds to the miscellaneous special revenue fund, family preservation and
   30  support services and family violence services account (22082).
   31    3.  $6,000,000  from any of the office of children and family services
   32  special revenue federal  funds  to  the  general  fund  for  title  IV-E
   33  reimbursement of youth facility costs.
   34    4. $12,670,000 from any of the office of children and family services,
   35  office  of  temporary and disability assistance, or department of health
   36  special revenue federal  funds  and  any  other  miscellaneous  revenues
   37  generated  from  the operation of office of children and family services
   38  programs to the general fund.
   39    5. $10,000,000 from any of the office of children and family  services
   40  or  office  of temporary and disability assistance special revenue funds
   41  or  the  general  fund  to  the  miscellaneous  special  revenue   fund,
   42  connections account (22180).
   43    6.  $41,000,000  from  any  of  the office of temporary and disability
   44  assistance accounts within the federal health and human services fund to
   45  the general fund.
   46    7. $159,000,000 from any of the office  of  temporary  and  disability
   47  assistance  or department of health special revenue funds to the general
   48  fund.
   49    8. $2,500,000 from any of  the  office  of  temporary  and  disability
   50  assistance  or  office  of  children and family services special revenue
   51  federal funds to the  miscellaneous  special  revenue  fund,  office  of
   52  temporary and disability assistance program account (21980).
   53    9. $50,000,000 from any of the office of children and family services,
   54  office  of temporary and disability assistance, department of labor, and
   55  department of health special revenue federal  funds  to  the  office  of
       S. 2605--A                         45                         A. 3005--A
    1  children  and family services miscellaneous special revenue fund, multi-
    2  agency training contract account (21989).
    3    10.  $152,400,000  from  the miscellaneous special revenue fund, youth
    4  facility per Diem account (22186), to the general fund.
    5    11. $621,850 from the general fund to the combined gifts, grants,  and
    6  bequests fund, WB Hoyt Memorial account (20128).
    7    12.  $4,822,000  from  the  miscellaneous  special  revenue fund state
    8  central registry (22028) to the general fund.
    9    General Government:
   10    1. $1,566,000 from the miscellaneous special revenue fund, examination
   11  and miscellaneous revenue account (22065) to the general fund.
   12    2. $12,500,000 from the general fund to the health insurance revolving
   13  fund.
   14    3. $192,400,000 from the health insurance reserve receipts fund to the
   15  general fund.
   16    4. $150,000 from the general fund to the not-for-profit revolving loan
   17  fund.
   18    5. $150,000 from the not-for-profit revolving loan fund to the general
   19  fund.
   20    6. $31,000,000 from the miscellaneous special revenue fund, real prop-
   21  erty disposition account (22006), to the general fund.
   22    7. $3,000,000 from the miscellaneous  special  revenue  fund,  surplus
   23  property account (22036), to the general fund.
   24    8.  $18,200,000  from  the  general  fund to the miscellaneous special
   25  revenue fund, alcoholic beverage control account (22033).
   26    9. $23,000,000 from the miscellaneous special  revenue  fund,  revenue
   27  arrearage account (22024), to the general fund.
   28    10.  $1,826,000  from  the  miscellaneous special revenue fund revenue
   29  arrearage account (22024), to the  miscellaneous  special  revenue  fund
   30  authority budget office account (22138).
   31    11.  $1,000,000  from  the miscellaneous special revenue fund, parking
   32  services account (22007), to the general fund, for the purpose of  reim-
   33  bursing the costs of debt service related to state parking facilities.
   34    12.  $55,200,000  from  the  general fund to the miscellaneous special
   35  revenue fund, statewide financial system account (22074).
   36    13. $40,000,000 from the general fund to  the  office  for  technology
   37  internal  service fund, central technology services account (55069), for
   38  the purpose of enterprise technology projects.
   39    Health:
   40    1. $139,560,000 from the miscellaneous special revenue  fund,  quality
   41  of care account (21915) to the general fund.
   42    2.  $1,000,000 from the general fund to the combined gifts, grants and
   43  bequests fund, breast cancer research and education account (20155),  an
   44  amount  equal to the monies collected and deposited into that account in
   45  the previous fiscal year.
   46    3. $2,464,000 from any of the department of health accounts within the
   47  federal health and human services  fund  to  the  department  of  health
   48  miscellaneous  special  revenue  fund,  statewide  planning and research
   49  cooperation system (SPARCS) program account (21902).
   50    4. $250,000 from the general fund to the combined  gifts,  grants  and
   51  bequests  fund,  prostate  cancer  research,  detection,  and  education
   52  account (20183), an amount equal to the moneys collected  and  deposited
   53  into that account in the previous fiscal year.
   54    5.  $500,000  from  the general fund to the combined gifts, grants and
   55  bequests fund,  Alzheimer's  disease  research  and  assistance  account
       S. 2605--A                         46                         A. 3005--A
    1  (20143), an amount equal to the moneys collected and deposited into that
    2  account in the previous fiscal year.
    3    6.  $1,000,000  from  the miscellaneous special revenue fund, adminis-
    4  tration account (21982), to the general fund.
    5    7. $600,000,000 from any of the department of health  accounts  within
    6  the  federal health and human services fund to the miscellaneous special
    7  revenue fund, federal state health reform partnership account (22076).
    8    8. $26,000,000 from the special revenue fund, HCRA resources fund,  to
    9  the  miscellaneous  special  revenue  fund, empire state stem cell trust
   10  fund account (22161).
   11    9. $1,250,000 from the  miscellaneous  New  York  state  agency  fund,
   12  medical assistance account to the general fund.
   13    10.  $3,700,000  from  the  miscellaneous  New York state agency fund,
   14  medical assistance account to the general fund.
   15    11. $14,000,000 from the general fund  to  the  miscellaneous  special
   16  revenue fund, empire state stem cell trust fund (22161).
   17    12.  $139,560,000 from any of the department of health accounts within
   18  the federal health and human services fund to the miscellaneous  special
   19  revenue fund, quality of care account (21915).
   20    Labor:
   21    1.  $700,000  from  the  labor standards miscellaneous special revenue
   22  fund, fee and penalty account (21923), to the child performer protection
   23  fund, child performer protection account (20401).
   24    2. $8,400,000 from the labor standards miscellaneous  special  revenue
   25  fund, fee and penalty account (21923), to the general fund.
   26    3.  $3,300,000  from  the  unemployment insurance interest and penalty
   27  special revenue fund, unemployment insurance special interest and penal-
   28  ty account (23601), to the general fund.
   29    4. $3,000,000 from the labor standards miscellaneous  special  revenue
   30  fund, public work enforcement account (21998), to the general fund.
   31    5.  $2,200,000 from the training and education program on occupational
   32  safety and  health  fund,  occupational  safety  and  health  inspection
   33  account (21252), to the general fund.
   34    6.  $900,000  from  the training and education program on occupational
   35  safety and health fund, training and education account (21251),  to  the
   36  general fund.
   37    Mental Hygiene:
   38    1.  $10,000,000  from  the  miscellaneous special revenue fund, mental
   39  hygiene patient income account (21909),  to  the  miscellaneous  special
   40  revenue fund, federal salary sharing account (22056).
   41    2.  $150,000,000  from  the miscellaneous special revenue fund, mental
   42  hygiene patient income account  (21909)  to  the  miscellaneous  special
   43  revenue fund, provider of service accounts (21903).
   44    3.  $150,000,000  from  the miscellaneous special revenue fund, mental
   45  hygiene program fund account (21907) to the miscellaneous special reven-
   46  ue fund, provider of service account (21903).
   47    4. $150,000,000 from the general fund  to  the  miscellaneous  special
   48  revenue fund, mental hygiene patient income account (21909).
   49    5.  $300,000,000  from  the  general fund to the miscellaneous special
   50  revenue fund, mental hygiene program fund account (21907).
   51    6. $100,000,000 from the miscellaneous special  revenue  fund,  mental
   52  hygiene program fund account (21907) to the general fund.
   53    7.  $100,000,000  from  the miscellaneous special revenue fund, mental
   54  hygiene patient income account (21909) to the general fund.
   55    Public Protection:
       S. 2605--A                         47                         A. 3005--A
    1    1. $1,350,000 from the miscellaneous special revenue  fund,  emergency
    2  management account (21944), to the general fund.
    3    2.  $3,300,000  from  the  general  fund  to the miscellaneous special
    4  revenue fund, recruitment incentive account (22171).
    5    3. $9,500,000 from the general fund  to  the  correctional  industries
    6  revolving   fund,   correctional  industries  internal  service  account
    7  (55350).
    8    4. $10,000,000 from federal miscellaneous operating grants fund,  DMNA
    9  damage account (25324), to the general fund.
   10    5.  $16,000,000  from  the  general  fund to the miscellaneous special
   11  revenue fund, crimes against revenue program account (22015).
   12    6. $20,000,000 from any office of homeland security account within the
   13  federal miscellaneous operating grants fund, receiving money through the
   14  homeland security grants program, to the general fund.
   15    7. $22,000,000 from the miscellaneous special revenue  fund,  criminal
   16  justice improvement account (21945) to the general fund.
   17    8.  $20,000,000 from the miscellaneous special revenue fund, statewide
   18  public safety communications account (22123), to the general fund.
   19    9. $106,000,000 from the state police and motor vehicle  law  enforce-
   20  ment  and  motor vehicle theft and insurance fund prevention fund, state
   21  police motor vehicle enforcement account (22802) to the general fund for
   22  state operation expenses of the division of state police.
   23    10. $21,500,000 from the general fund to the  correctional  facilities
   24  capital improvement fund.
   25    11.  $1,500,000 from the miscellaneous special revenue fund, statewide
   26  public safety communications account (22123),  to  the  combined  gifts,
   27  grants  and  bequests  fund, New York state emergency services revolving
   28  loan account (20150).
   29    12. $3,000,000 from the general fund  to  the  dedicated  highway  and
   30  bridge  trust  fund  for  the  purpose  of  work  zone safety activities
   31  provided by the division of state police for the department of transpor-
   32  tation.
   33    Transportation:
   34    1. $17,672,000 from the federal miscellaneous operating grants fund to
   35  the special revenue fund, tri-state federal  regional  planning  account
   36  (21913).
   37    2.  $20,147,000  from the federal capital projects fund to the special
   38  revenue fund, tri-state federal regional planning accounts (21913).
   39    3. $15,368,000 from the miscellaneous special revenue fund, compulsory
   40  insurance account (22087), to the general fund.
   41    4. $12,000,000 from the general fund to the mass transportation  oper-
   42  ating  assistance  fund, public transportation systems operating assist-
   43  ance account (21401).
   44    5. $624,691,000 from the general fund to  the  dedicated  highway  and
   45  bridge trust fund.
   46    6.  $606,000  from  the  miscellaneous  special revenue fund, internet
   47  point insurance reduction program account (22094), to the general fund.
   48    7. $6,000 from the  miscellaneous  special  revenue  fund,  motorcycle
   49  safety account (21976), to the general fund.
   50    8.  $307,200,000 from the general fund to the MTA financial assistance
   51  fund, mobility tax trust account (23651).
   52    9. $20,000,000 from the mass transportation operating assistance fund,
   53  metropolitan mass transportation operating assistance  account  (21402),
   54  to  the  general  debt  service  fund,  for reimbursement of the state's
   55  expenses in  connection  with  payments  of  debt  service  and  related
       S. 2605--A                         48                         A. 3005--A
    1  expenses  for  the metropolitan transportation authority's state service
    2  contract bonds.
    3    Miscellaneous:
    4    1. $150,000,000 from the general fund to any funds or accounts for the
    5  purpose of reimbursing certain outstanding accounts receivable balances.
    6    2. $ 1,000,000,000 from the general fund to the debt reduction reserve
    7  fund.
    8    3.  $450,000,000  from  the transformative capital fund to the revenue
    9  bond tax fund (40152).
   10    S 3. Notwithstanding any law to the contrary, and in  accordance  with
   11  section 4 of the state finance law, the comptroller is hereby authorized
   12  and directed to transfer, on or before March 31, 2014:
   13    1.  Upon request of the commissioner of environmental conservation, up
   14  to $11,126,800 from revenues credited to any of the department of  envi-
   15  ronmental  conservation special revenue funds, including $3,253,200 from
   16  the environmental  protection  and  oil  spill  compensation  fund,  and
   17  $1,762,600 from the conservation fund, to the environmental conservation
   18  special revenue fund, indirect charges account (21060).
   19    2.  Upon request of the commissioner of agriculture and markets, up to
   20  $3,000,000 from any special revenue fund or enterprise fund  within  the
   21  department of agriculture and markets to the general fund, to pay appro-
   22  priate administrative expenses.
   23    3.  Upon request of the commissioner of agriculture and markets, up to
   24  $2,000,000 from the state exposition special fund, state  fair  receipts
   25  account  (50051)  to the miscellaneous capital projects fund, state fair
   26  capital improvement account (32208).
   27    4. Upon request of the commissioner of the  division  of  housing  and
   28  community  renewal, up to $6,221,000 from revenues credited to any divi-
   29  sion of housing and community renewal federal or  miscellaneous  special
   30  revenue fund to the agency cost recovery account (22090).
   31    5.  Upon  request  of  the commissioner of the division of housing and
   32  community renewal, up to $5,500,000 may be transferred from any  miscel-
   33  laneous  special  revenue  fund  account,  to  any miscellaneous special
   34  revenue fund.
   35    6. Upon request of the commissioner of health up to  $15,000,000  from
   36  revenues  credited  to any of the department of health's special revenue
   37  funds, to the miscellaneous special revenue fund, administration account
   38  (21982).
   39    S 4. Notwithstanding section 2815 of the  public  health  law  or  any
   40  other  contrary  provision of law, upon the direction of the director of
   41  the budget and the commissioner of health, the  dormitory  authority  of
   42  the  state  of  New  York  is directed to transfer seven million dollars
   43  annually from funds available and uncommitted  in  the  New  York  state
   44  health  care  restructuring  pool  to  the health care reform act (HCRA)
   45  resources fund - HCRA resources account.
   46    S 5. On or before March 31, 2014, the comptroller is hereby authorized
   47  and directed to deposit earnings that  would  otherwise  accrue  to  the
   48  general  fund  that are attributable to the operation of section 98-a of
   49  the state finance law, to the agencies internal  service  fund,  banking
   50  services  account  (55057),  for  the purpose of meeting direct payments
   51  from such account.
   52    S 6. Notwithstanding any law to the contrary, upon  the  direction  of
   53  the  director of the budget and upon requisition by the state university
   54  of New York, the dormitory  authority  of  the  state  of  New  York  is
   55  directed  to  transfer, up to $22,000,000 in revenues generated from the
   56  sale of notes or  bonds,  to  the  state  university  of  New  York  for
       S. 2605--A                         49                         A. 3005--A
    1  reimbursement  of bondable equipment for further transfer to the state's
    2  general fund.
    3    S  7.  Notwithstanding any law to the contrary, and in accordance with
    4  section 4 of the state finance law, the comptroller is hereby authorized
    5  and directed to transfer, upon request of the director of the budget and
    6  upon consultation with the state university chancellor  or  his  or  her
    7  designee,  on or before March 31, 2014, up to $16,000,000 from the state
    8  university income fund general revenue  account  (22653)  to  the  state
    9  general  fund for debt service costs related to campus supported capital
   10  project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
   11  University at Buffalo.
   12    S  8.  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, upon request of the director of the budget and
   15  upon consultation with the state university chancellor  or  his  or  her
   16  designee,  on  or before March 31, 2014, up to $6,500,000 from the state
   17  university income fund general revenue  account  (22653)  to  the  state
   18  general  fund for debt service costs related to campus supported capital
   19  project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
   20  University at Albany.
   21    S  9.  Notwithstanding  any  law to the contrary, the state university
   22  chancellor or her designee is authorized and directed to transfer  esti-
   23  mated tuition revenue balances from the state university collection fund
   24  to  the  state  university fund, state university general revenue offset
   25  account (22655) on or before March 31, 2014.
   26    S 10. Notwithstanding any law to the contrary, and in accordance  with
   27  section 4 of the state finance law, the comptroller is hereby authorized
   28  and directed to transfer, upon request of the director of the budget, up
   29  to  $60,000,000  from  the  general  fund to the state university income
   30  fund, state university hospitals  income  reimbursable  account  (22656)
   31  during  the period July 1, 2013 through June 30, 2014 to reflect ongoing
   32  state subsidy of SUNY hospitals and to pay  costs  attributable  to  the
   33  SUNY hospitals' state agency status.
   34    S  11. Notwithstanding any law to the contrary, and in accordance with
   35  section 4 of the state finance law, the comptroller is hereby authorized
   36  and directed to transfer, upon request of the director of the budget, up
   37  to $969,050,300 from the general fund to  the  state  university  income
   38  fund, state university general revenue offset account (22655) during the
   39  period  of  July  1, 2013 through June 30, 2014 to support operations at
   40  the state university.
   41    S 12. Notwithstanding any law to the contrary, and in accordance  with
   42  section 4 of the state finance law, the comptroller is hereby authorized
   43  and  directed to transfer, upon request of the state university chancel-
   44  lor or his or her designee, up to $50,000,000 from the state  university
   45  income  fund,  state  university  hospitals  income reimbursable account
   46  (22656), for hospital income reimbursable for services and  expenses  of
   47  hospital  operations  and  capital  expenditures at the state university
   48  hospitals, and the state university income fund  Long  Island  veterans'
   49  home account (22652) to the state university capital projects fund on or
   50  before June 30, 2014.
   51    S  13. Notwithstanding any law to the contrary, and in accordance with
   52  section 4 of the state finance law, the comptroller, after  consultation
   53  with  the  state university chancellor or his or her designee, is hereby
   54  authorized and directed to transfer moneys, in the first instance,  from
   55  the  state  university  collection fund, Stony Brook hospital collection
   56  account (61006), Brooklyn hospital collection account (61007), and Syra-
       S. 2605--A                         50                         A. 3005--A
    1  cuse hospital collection account (61008) to the state university  income
    2  fund,  state university hospitals income reimbursable account (22656) in
    3  the event insufficient funds  are  available  in  the  state  university
    4  income  fund,  state  university  hospitals  income reimbursable account
    5  (22656) to transfer moneys, in amounts sufficient  to  permit  the  full
    6  transfer  of  moneys  authorized  for  transfer, to the general fund for
    7  payment of debt service related to the SUNY hospitals.   Notwithstanding
    8  any  law  to the contrary, the comptroller is also hereby authorized and
    9  directed, after consultation with the state university chancellor or his
   10  or her designee, to transfer moneys from  the  state  university  income
   11  fund  to  the  state  university income fund, state university hospitals
   12  income reimbursable account (22656) in the event insufficient funds  are
   13  available  in  the state university income fund, state university hospi-
   14  tals income reimbursable account (22656) to pay hospital operating costs
   15  or to transfer moneys, in amounts sufficient to permit the full transfer
   16  of moneys authorized for transfer, to the general fund  for  payment  of
   17  debt service related to the SUNY hospitals on or before March 31, 2014.
   18    S  14. Notwithstanding any law to the contrary, and in accordance with
   19  section 4 of the state finance law, the comptroller is hereby authorized
   20  and directed to transfer monies, upon request of  the  director  of  the
   21  budget,  on  or  before March 31, 2014, from and to any of the following
   22  accounts: the miscellaneous special revenue fund, patient income account
   23  (21909), the miscellaneous special revenue fund, mental hygiene  program
   24  fund  account  (21907),  the miscellaneous special revenue fund, federal
   25  salary sharing account (22056) or the general fund in  any  combination,
   26  the aggregate of which shall not exceed $350 million.
   27    S  15. Notwithstanding any law to the contrary, and in accordance with
   28  section 4 of the state finance law, the comptroller is hereby authorized
   29  and directed to transfer, at the request of the director of the  budget,
   30  up  to $500 million from the unencumbered balance of any special revenue
   31  fund or account, or combination of funds and accounts,  to  the  general
   32  fund. The amounts transferred pursuant to this authorization shall be in
   33  addition  to  any  other  transfers  expressly authorized in the 2013-14
   34  budget. Transfers  from  federal  funds,  debt  service  funds,  capital
   35  projects  funds, the community projects fund, or funds that would result
   36  in the loss of eligibility for federal benefits or federal funds  pursu-
   37  ant  to  federal law, rule, or regulation, are not permitted pursuant to
   38  this authorization. The director of the budget shall notify both  houses
   39  of  the legislature in writing prior to initiating transfers pursuant to
   40  this authorization.
   41    S 16. Notwithstanding any law to the contrary, and in accordance  with
   42  section 4 of the state finance law, the comptroller is hereby authorized
   43  and  directed to transfer, at the request of the director of the budget,
   44  up to $100 million from any non-general fund or account, or  combination
   45  of funds and accounts, to the special revenue other-technology financing
   46  account  for  the  purpose  of  consolidating technology procurement and
   47  services. The amounts transferred pursuant to this  authorization  shall
   48  be  equal  to or less than the amount of such monies intended to support
   49  information technology costs which  are  attributable,  according  to  a
   50  plan,  to  such  account  made  in pursuance to an appropriation by law.
   51  Transfers to the technology financing account shall  be  completed  from
   52  amounts  collected  by  non-general funds or accounts pursuant to a fund
   53  deposit schedule or permanent statute, and shall be transferred  to  the
   54  technology  financing  account pursuant to a schedule agreed upon by the
   55  affected agency commissioner.  Transfers  from  federal  funds  are  not
   56  permitted pursuant to this authorization; nor may transfers be made from
       S. 2605--A                         51                         A. 3005--A
    1  funds  that would result in the loss of eligibility for federal benefits
    2  or federal funds pursuant to federal law,  rule,  or  regulation.    The
    3  director  of  the  budget shall notify both houses of the legislature in
    4  writing prior to initiating transfers pursuant to this authorization.
    5    S  17. Notwithstanding any provision of law to the contrary, as deemed
    6  feasible and advisable by its trustees, the power authority of the state
    7  of New York is authorized and directed to (i) make a contribution to the
    8  state treasury to the credit  of  the  general  fund,  or  as  otherwise
    9  directed in writing by the director of the budget, in an amount of up to
   10  $90,000,000  for  the  state  fiscal  year commencing April 1, 2013, the
   11  proceeds of which will be  utilized  for  economic  development,  energy
   12  efficiency,  or energy cost mitigation purposes, and (ii) transfer up to
   13  $25,000,000 of any such contribution by June 30, 2013 and the  remainder
   14  of any such contribution by March 31, 2014.
   15    S  18. In addition to any payment made by a public benefit corporation
   16  pursuant to an assessment imposed under sections 2975, 2975-a, 2976  and
   17  2976-a  of  the  public authorities law, a public benefit corporation is
   18  authorized to make voluntary contributions to the state general fund for
   19  any lawful purpose at any time from any public benefit corporation funds
   20  in such amounts as deemed to be feasible and advisable  by  such  public
   21  benefit  corporation's  governing  board  after due consideration of the
   22  public benefit corporation's legal and financial obligations.   Notwith-
   23  standing  any  other law, the payment of a voluntary payment pursuant to
   24  this subdivision is deemed to be a valid and proper  purpose  for  which
   25  available  funds  may  be  applied.  Voluntary contributions made to the
   26  state pursuant to this subdivision shall be payable to the state  treas-
   27  ury to the credit of the general fund.
   28    S 19. Section 53 of part U of chapter 59 of the laws of 2012, relating
   29  to providing for administration of certain funds and accounts related to
   30  the 2013-2014 budget, is amended to read as follows:
   31    S  53.  This  act shall take effect immediately and shall be deemed to
   32  have been in full force and effect on and after April 1, 2012;  provided
   33  that  sections one through seven, sections ten through fifteen, [section
   34  seventeen,] and sections twenty through thirty-three of this  act  shall
   35  expire  March  31,  2013,  when  upon  such date, the provisions of such
   36  sections shall be deemed repealed; provided further that the  amendments
   37  to subdivisions 1 and 2 of section 45 of section 1 of chapter 174 of the
   38  laws of 1968 made by section forty-nine of this act shall not affect the
   39  expiration of such subdivisions and shall be deemed to expire therewith.
   40    S  20.  Subdivision  5  of section 97-rrr of the state finance law, as
   41  amended by section 16 of part U of chapter 59 of the laws  of  2012,  is
   42  amended to read as follows:
   43    5. Notwithstanding the provisions of section one hundred seventy-one-a
   44  of  the  tax law, as separately amended by chapters four hundred eighty-
   45  one and four hundred eighty-four of the laws of nineteen hundred  eight-
   46  y-one,  and notwithstanding the provisions of chapter ninety-four of the
   47  laws of two thousand eleven, or any  other  provisions  of  law  to  the
   48  contrary,  during  the  fiscal  year beginning April first, two thousand
   49  [twelve] THIRTEEN,  the  state  comptroller  is  hereby  authorized  and
   50  directed  to  deposit  to the fund created pursuant to this section from
   51  amounts collected pursuant to article twenty-two  of  the  tax  law  and
   52  pursuant  to  a  schedule submitted by the director of the budget, up to
   53  [$3,322,067,000] $3,419,375,000, as may be certified in such schedule as
   54  necessary to meet the purposes of such fund for the fiscal  year  begin-
   55  ning April first, two thousand [twelve] THIRTEEN.
       S. 2605--A                         52                         A. 3005--A
    1    S  21.  The  comptroller  is authorized and directed to deposit to the
    2  general fund-state purposes account reimbursements from moneys appropri-
    3  ated or reappropriated to the correctional facilities  capital  improve-
    4  ment  fund  by  a  chapter  of the laws of 2013. Reimbursements shall be
    5  available  for  spending  from  appropriations made to the department of
    6  corrections and community supervision in the general fund-state purposes
    7  accounts by a chapter of the laws of 2013 for costs associated with  the
    8  administration  and  security  of  capital  projects and for other costs
    9  which are attributable, according to a plan, to such capital projects.
   10    S 22. Section 3 of part W of chapter 60 of the laws of 2011,  amending
   11  the  state  finance  law relating to disbursements from the tribal-state
   12  compact revenue account to certain municipalities, is amended to read as
   13  follows:
   14    S 3. This act shall take effect immediately; provided that:
   15    (a) the amendments to subdivision 3  of  section  99-h  of  the  state
   16  finance  law  made by section one of this act shall expire and be deemed
   17  repealed [March 31, 2013] DECEMBER 31, 2016; and
   18    (b) the amendments to paragraph (a) of subdivision 4 of  section  99-h
   19  of  the  state  finance  law  made  by section two of this act shall not
   20  affect the expiration of such section and  shall  be  deemed  to  expire
   21  therewith.
   22    S  23.  Subdivision  3  of  section  99-h of the state finance law, as
   23  amended by section 1 of part V of chapter 59 of the  laws  of  2006,  is
   24  amended to read as follows:
   25    3. Moneys of the account, following [appropriation] THE SEGREGATION OF
   26  APPROPRIATIONS  ENACTED  by  the  legislature,  shall  be  available for
   27  purposes including but not limited to: (a) reimbursements or payments to
   28  municipal governments that host tribal casinos  pursuant  to  a  tribal-
   29  state compact for costs incurred in connection with services provided to
   30  such  casinos  or  arising as a result thereof, for economic development
   31  opportunities and job expansion programs  authorized  by  the  executive
   32  law;  provided,  however,  that  for  any gaming facility located in the
   33  county of Erie or Niagara, the municipal governments hosting the facili-
   34  ty shall collectively receive a minimum of twenty-five  percent  of  the
   35  negotiated percentage of the net drop from electronic gaming devices the
   36  state receives pursuant to the compact and provided further that for any
   37  gaming  facility located in the county or counties of Cattaraugus, Chau-
   38  tauqua or Allegany, the municipal governments of the state  hosting  the
   39  facility  shall collectively receive a minimum of twenty-five percent of
   40  the negotiated percentage of the net drop from electronic gaming devices
   41  the state receives pursuant to the compact; and  provided  further  that
   42  pursuant  to  chapter  five  hundred  ninety of the laws of two thousand
   43  four, a minimum of twenty-five percent of the revenues received  by  the
   44  state  pursuant  to  the state's compact with the St. Regis Mohawk tribe
   45  shall be made available to the counties of Franklin  and  St.  Lawrence,
   46  and  affected  towns in such counties. Each such county and its affected
   47  towns shall receive fifty percent of the moneys made  available  by  the
   48  state;  and  (b)  support and services of treatment programs for persons
   49  suffering from gambling addictions. Moneys not [appropriated] SEGREGATED
   50  for such purposes shall be transferred  to  the  general  fund  for  the
   51  support of government during the fiscal year in which they are received.
   52    S  24.  Paragraphs  (a)  and  (b)  of  subdivision 7 of section 5-a of
   53  section 1 of chapter 392 of the laws of 1973, constituting the New  York
   54  state  medical  care  facilities  finance  agency  act, paragraph (a) as
   55  amended by chapter 55 of the laws of 1992 and paragraph (b)  as  amended
   56  by chapter 59 of the laws of 1993, are amended to read as follows:
       S. 2605--A                         53                         A. 3005--A
    1    (a)  In  connection with the making of federally-aided mortgage loans,
    2  the commissioner of health shall  charge  to  such  non-profit  hospital
    3  corporation,  non-profit corporation providing a residential health care
    4  facility or non-profit medical corporation, for mortgage closings on  or
    5  after April first, nineteen hundred eighty-nine, a fee of nine-tenths of
    6  one percent of the mortgage loan, payable on requisition on or after the
    7  mortgage  closing to the state department of health by the mortgagor for
    8  deposit into the [miscellaneous special revenue fund - 339 hospital  and
    9  nursing home management account] STATE GENERAL FUND.
   10    (b) In connection with the refinancing or refunding of federally-aided
   11  mortgage  loans  or  loans  made pursuant to articles twenty-eight-A and
   12  twenty-eight-B of the public health  law,  the  commissioner  of  health
   13  shall  charge to such non-profit hospital corporation, non-profit corpo-
   14  ration providing  a  residential  health  care  facility  or  non-profit
   15  medical  corporation,  for  mortgage  closings  on or after April first,
   16  nineteen hundred eighty-nine, a fee of five-tenths of one percent of the
   17  new mortgage loan, payable on requisition on or after the mortgage clos-
   18  ing to the state department of health by the mortgagor for deposit  into
   19  the  [miscellaneous  special  revenue fund-339 hospital and nursing home
   20  management account] STATE GENERAL FUND.
   21    S 25. In the event that a  capital  appropriation  in  the  amount  of
   22  $25,000,000  is  included  in  the  enacted  budget  for the fiscal year
   23  commencing April 1, 2013 for the cleaner,  greener  communities  program
   24  administered  by  the  New  York  State  energy research and development
   25  authority, then notwithstanding any provision of law, rule or regulation
   26  to the contrary, the New York  State  energy  research  and  development
   27  authority is authorized and directed to pay to the state treasury to the
   28  credit  of  the  general fund for the cost of such program the amount of
   29  $15,000,000 for the fiscal year commencing April 1, 2013  from  proceeds
   30  collected  by  the  authority from the auction or sale of carbon dioxide
   31  emission allowances allocated by the department of environmental conser-
   32  vation under the Regional Greenhouse Gas Initiative. If, in  any  fiscal
   33  year,  such  $25,000,000 appropriation or any reappropriation thereof is
   34  reduced or eliminated prior to disbursement of $15,000,000,  where  such
   35  reduction  or  elimination  is  not  based upon the disbursement of such
   36  $25,000,000 appropriation, the comptroller is authorized and directed to
   37  transfer, at the request of the director of the division of the  budget,
   38  an  amount  equal  to such reduced or eliminated amount from the general
   39  fund to the New York State energy research  and  development  authority,
   40  not to exceed in the aggregate $15,000,000.
   41    S  26.  Notwithstanding  any  other  law,  rule,  or regulation to the
   42  contrary, the comptroller is hereby authorized and directed to  deposit,
   43  to  the  credit  of  the  capital  projects fund, reimbursement from the
   44  proceeds of notes or bonds issued by  the  dormitory  authority  of  the
   45  state  of  New York for a capital appropriation for $215,650,000 author-
   46  ized by chapter 55 of the laws of 2000 to all state agencies for payment
   47  of costs related to the strategic investment program.
   48    S 27. Notwithstanding any  other  law,  rule,  or  regulation  to  the
   49  contrary,  the  comptroller is hereby authorized and directed to deposit
   50  to the credit of the  capital  projects  fund,  reimbursement  from  the
   51  proceeds of notes or bonds issued by the environmental facilities corpo-
   52  ration  for a capital appropriation of $30,174,000 authorized by chapter
   53  55 of the laws of 2003 to the department of  environmental  conservation
   54  for payment of a portion of the state's match for federal capitalization
   55  grants  for  the water pollution control revolving loan fund, reimburse-
   56  ment from the proceeds of notes or bonds issued by the urban development
       S. 2605--A                         54                         A. 3005--A
    1  corporation or other financing source for  a  capital  appropriation  of
    2  $19,500,000  authorized  by chapter 50 of the laws of 2003 to the office
    3  of general services for payment of capital construction costs for the 51
    4  Elk  street  parking  garage  building  located  in  the city of Albany,
    5  reimbursement from the proceeds of notes or bonds issued  by  the  urban
    6  development  corporation for disbursements of up to $10,000,000 from any
    7  capital appropriation or reappropriation authorized by chapter 50 of the
    8  laws of 2003 to the office of general  services  for  various  purposes,
    9  reimbursement from the proceeds of notes or bonds issued by the environ-
   10  mental facilities corporation for a capital appropriation of $13,250,000
   11  authorized  by chapter 55 of the laws of 2003 to the energy research and
   12  development authority for the Western New York Nuclear Service Center at
   13  West Valley, reimbursement from the proceeds of notes or bonds issued by
   14  the dormitory authority for disbursements of up to $16,400,000 from  any
   15  capital appropriation or reappropriation authorized by chapter 51 of the
   16  laws of 2003 to the judiciary for courthouse improvements, reimbursement
   17  from  the  proceeds  of  notes  or bonds issued by the urban development
   18  corporation for disbursements of up to $10,000,000  from  appropriations
   19  or  reappropriations authorized by chapter 50 of the laws of 2003 to any
   20  agency for costs related to homeland security,  reimbursement  from  the
   21  proceeds of notes or bonds issued by the environmental facilities corpo-
   22  ration  for a capital appropriation of $10,000,000 authorized by chapter
   23  55 of the laws of 2003 to the department of  environmental  conservation
   24  for  Onondaga  lake,  reimbursement  from the proceeds of notes or bonds
   25  issued by the environmental facilities corporation for disbursements  of
   26  up  to  $11,000,000  from any capital appropriations or reappropriations
   27  authorized by chapter 55 of the laws of 2003 to the department of  envi-
   28  ronmental  conservation  for  environmental  purposes, and reimbursement
   29  from the proceeds of notes or bonds issued by  the  dormitory  authority
   30  for  disbursements  of  up  to $100,000,000 from a capital appropriation
   31  authorized by chapter 50 of the laws of 2003 to the department of  state
   32  for enhanced 911 wireless service.
   33    S  28.  Notwithstanding  any  other  law,  rule,  or regulation to the
   34  contrary, the comptroller is hereby authorized and directed  to  deposit
   35  to  the  credit  of  the  capital  projects fund, reimbursement from the
   36  proceeds of notes or bonds issued by the environmental facilities corpo-
   37  ration for a capital appropriation for $28,893,000 authorized by chapter
   38  55 of the laws of 2004 to the department of  environmental  conservation
   39  for payment of a portion of the state's match for federal capitalization
   40  grants  for  the water pollution control revolving loan fund, reimburse-
   41  ment from the proceeds of notes or bonds issued by the urban development
   42  corporation for disbursements of up  to  $10,000,000  from  any  capital
   43  appropriation or reappropriation authorized by chapter 50 of the laws of
   44  2004  to the office of general services for various purposes, reimburse-
   45  ment from the proceeds of notes or bonds  issued  by  the  environmental
   46  facilities  corporation  for  a  capital  appropriation  of  $11,350,000
   47  authorized by chapter 55 of the laws of 2004 to the energy research  and
   48  development authority for the Western New York Nuclear Service Center at
   49  West Valley, reimbursement from the proceeds of notes or bonds issued by
   50  the environmental facilities corporation, for a capital appropriation of
   51  $10,000,000  authorized by chapter 55 of the laws of 2004 to the depart-
   52  ment of environmental conservation for Onondaga lake, reimbursement from
   53  the proceeds of notes or bonds issued by  the  environmental  facilities
   54  corporation  for  disbursements  of  up  to $11,000,000 from any capital
   55  appropriations or reappropriations authorized by chapter 55 of the  laws
   56  of  2004  to  the  department of environmental conservation for environ-
       S. 2605--A                         55                         A. 3005--A
    1  mental purposes, reimbursement from  the  proceeds  of  notes  or  bonds
    2  issued  by  the  dormitory  authority  for  a  capital  appropriation of
    3  $80,000,000 authorized by chapter 53 of the laws of 2004 to  the  educa-
    4  tion  department  for  capital  transition  grants  for  transportation,
    5  reimbursement from the proceeds of notes or bonds issued by the dormito-
    6  ry authority for a capital appropriation of $243,325,000  authorized  by
    7  chapter  55 of the laws of 2004 for payment of costs related to economic
    8  development projects, reimbursement from the proceeds of bonds or  notes
    9  issued  by the urban development corporation for a capital appropriation
   10  of $83,500,000 authorized by chapter 53 of the laws of 2006, as  amended
   11  by  chapter 108 of the laws of 2006, for payment of costs related to the
   12  H. H. Richardson complex and the Darwin Martin House, and  reimbursement
   13  from  the  proceeds  of notes or bonds issued by the dormitory authority
   14  for a capital appropriation of $345,750,000 authorized by chapter  3  of
   15  the laws of 2004 for the New York state economic development program.
   16    S  29.  Notwithstanding  any  other  law,  rule,  or regulation to the
   17  contrary, the comptroller is hereby authorized and directed  to  deposit
   18  to  the  credit  of  the  capital  projects fund, reimbursement from the
   19  proceeds of notes or bonds issued by the environmental facilities corpo-
   20  ration for a capital appropriation of $29,602,000 authorized by  chapter
   21  55  of  the laws of 2005 to the department of environmental conservation
   22  for payment of a portion of the state's match for federal capitalization
   23  grants for the water pollution control revolving loan  fund,  reimburse-
   24  ment from the proceeds of notes or bonds issued by the urban development
   25  corporation  for  disbursements  of  up  to $10,000,000 from any capital
   26  appropriation or reappropriation authorized by chapter 50 of the laws of
   27  2005 to the office of general services for various purposes,  reimburse-
   28  ment  from  the  proceeds  of notes or bonds issued by the environmental
   29  facilities  corporation  for  a  capital  appropriation  of  $11,350,000
   30  authorized  by chapter 55 of the laws of 2005 to the energy research and
   31  development authority for the Western New York Nuclear Service Center at
   32  West Valley, reimbursement from the proceeds of notes or bonds issued by
   33  the environmental facilities corporation for a capital appropriation  of
   34  $10,000,000  authorized by chapter 55 of the laws of 2005 to the depart-
   35  ment of environmental conservation for Onondaga lake, reimbursement from
   36  the proceeds of notes or bonds issued by  the  environmental  facilities
   37  corporation  for  disbursements  of  up  to $11,000,000 from any capital
   38  appropriations or reappropriations authorized by chapter 55 of the  laws
   39  of  2005  to  the  department of environmental conservation for environ-
   40  mental purposes, reimbursement from  the  proceeds  of  notes  or  bonds
   41  issued  by the urban development corporation for a capital appropriation
   42  of $350,000,000 authorized by chapter 55 of the laws  of  2005  for  the
   43  Javits  center, reimbursement from the proceeds of notes or bonds issued
   44  by the dormitory authority for a capital  appropriation  of  $89,750,000
   45  authorized  by  chapter 62 of the laws of 2005 for regional development,
   46  reimbursement from the proceeds of notes or bonds issued by the dormito-
   47  ry authority for a capital appropriation of $249,000,000  authorized  by
   48  chapter  62  of  the  laws  of  2005  for  technology  and  development,
   49  reimbursement from the proceeds of notes or bonds issued  by  the  urban
   50  development  corporation  for  a  capital  appropriation  of $48,517,000
   51  authorized by chapter 162 of the laws of 2005 for  the  New  York  state
   52  economic  development  program, reimbursement from the proceeds of notes
   53  or bonds issued by the  urban  development  corporation  for  a  capital
   54  appropriation  of  $150,000,000  authorized by chapter 62 of the laws of
   55  2005  for  the  higher  education  facilities  capital  matching  grants
   56  program, reimbursement from the proceeds of notes or bonds issued by the
       S. 2605--A                         56                         A. 3005--A
    1  dormitory  authority  or  other financing source for a capital appropri-
    2  ation of $4,000,000 authorized by chapter 50 of the laws of 2005 to  the
    3  office of general services for payment of capital construction costs for
    4  the  Elk  street  parking garage building located in the city of Albany,
    5  reimbursement from the proceeds of notes or bonds issued  by  the  urban
    6  development  corporation  for  a  capital  appropriation  of $15,000,000
    7  authorized by chapter 53 of the laws of  2005  to  the  state  education
    8  department  for  payment of capital construction costs for public broad-
    9  casting facilities, reimbursement from the proceeds of  notes  or  bonds
   10  issued  by the urban development corporation for a capital appropriation
   11  of $15,700,000 authorized by chapter 50 of the laws of 2005 to the divi-
   12  sion of state police for public protection facilities, and reimbursement
   13  from the proceeds of notes or bonds  issued  by  the  urban  development
   14  corporation for capital disbursements of up to $3,000,000 from any capi-
   15  tal  appropriation  or  reappropriation  authorized by chapter 50 of the
   16  laws of 2005 to the division of military and naval affairs  for  various
   17  purposes.
   18    S  30.  Notwithstanding  any  other  law,  rule,  or regulation to the
   19  contrary, the comptroller is hereby authorized and directed  to  deposit
   20  to  the  credit  of  the  capital  projects fund, reimbursement from the
   21  proceeds of notes or bonds issued by the environmental facilities corpo-
   22  ration for a capital appropriation for $29,600,000 authorized by chapter
   23  55 of the laws of 2006 to the department of  environmental  conservation
   24  for payment of a portion of the state's match for federal capitalization
   25  grants  for  the water pollution control revolving loan fund, reimburse-
   26  ment from the proceeds of notes or bonds issued by the urban development
   27  corporation for disbursements of up  to  $20,000,000  from  any  capital
   28  appropriation or reappropriation authorized by chapter 50 of the laws of
   29  2006  to the office of general services for various purposes, reimburse-
   30  ment from the proceeds of notes or bonds  issued  by  the  environmental
   31  facilities  corporation  for  a  capital  appropriation  of  $14,000,000
   32  authorized by chapter 55 of the laws of 2006 to the energy research  and
   33  development authority for the Western New York Nuclear Service Center at
   34  West Valley, reimbursement from the proceeds of notes or bonds issued by
   35  the  environmental facilities corporation for a capital appropriation of
   36  $10,000,000 authorized by chapter 55 of the laws of 2006 to the  depart-
   37  ment of environmental conservation for Onondaga lake, reimbursement from
   38  the  proceeds  of  notes or bonds issued by the environmental facilities
   39  corporation for disbursements of up  to  $12,000,000  from  any  capital
   40  appropriations  or reappropriations authorized by chapter 55 of the laws
   41  of 2006 to the department of  environmental  conservation  for  environ-
   42  mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
   43  issued by the urban development corporation for capital disbursements of
   44  up to $3,000,000  from  any  capital  appropriation  or  reappropriation
   45  authorized by chapter 50 of the laws of 2006 to the division of military
   46  and  naval affairs for various purposes, reimbursement from the proceeds
   47  of notes or bonds  issued  by  the  urban  development  corporation  for
   48  disbursements  of  up  to  $12,400,000 from any capital appropriation or
   49  reappropriation authorized by chapter 50 of the  laws  of  2006  to  the
   50  division of state police for public protection facilities, reimbursement
   51  from  the  proceeds  of  notes  or bonds issued by the urban development
   52  corporation for a capital appropriation of  $117,000,000  authorized  by
   53  chapter 50 of the laws of 2006 to all state departments and agencies for
   54  the  purchase  of equipment, reimbursement from the proceeds of notes or
   55  bonds issued by the dormitory authority or the urban development  corpo-
   56  ration  for  all  or a portion of capital appropriations of $603,050,000
       S. 2605--A                         57                         A. 3005--A
    1  authorized by chapter 108 of the laws of 2006 to the  urban  development
    2  corporation  for economic development/other projects, reimbursement from
    3  the proceeds of notes or bonds issued by the  urban  development  corpo-
    4  ration for a capital appropriation of $269,500,000 authorized by chapter
    5  108 of the laws of 2006 to the dormitory authority or the urban develop-
    6  ment  corporation  for economic development projects, reimbursement from
    7  the proceeds of notes or bonds issued by the dormitory authority or  the
    8  urban   development   corporation   for   a   capital  appropriation  of
    9  $201,500,000 authorized by chapter 108 of the laws of 2006 to the  urban
   10  development  corporation for university development projects, reimburse-
   11  ment from the proceeds of notes or bonds issued by the dormitory author-
   12  ity or for a capital appropriation of $143,000,000 authorized by chapter
   13  108 of the laws  of  2006  to  the  urban  development  corporation  for
   14  cultural  facilities  projects, reimbursement from the proceeds of notes
   15  or bonds issued by the dormitory  authority  or  the  urban  development
   16  corporation  for  capital appropriations totaling $60,000,000 authorized
   17  by chapter 108 of the laws of 2006 to the urban development  corporation
   18  for  energy/environmental  projects,  reimbursement from the proceeds of
   19  notes or bonds issued by the dormitory authority or the  urban  develop-
   20  ment  corporation  for a capital appropriation of $20,000,000 authorized
   21  by chapter 108 of the laws of 2006 to the urban development  corporation
   22  for  a  competitive  solicitation for construction of a pilot cellulosic
   23  ethanol refinery, reimbursement from the  proceeds  of  notes  or  bonds
   24  issued  by the urban development corporation for a capital appropriation
   25  of $74,700,000 authorized by chapter 55 of the laws of 2006 to the urban
   26  development corporation for services and expenses related to infrastruc-
   27  ture for a new stadium in Queens  county,  and  reimbursement  from  the
   28  proceeds  of  notes or bonds issued by the urban development corporation
   29  for a capital appropriation of $74,700,000 authorized by chapter  55  of
   30  the  laws  of 2006 to the urban development corporation for services and
   31  expenses related to infrastructure improvements to construct a new park-
   32  ing facility at a new stadium in Bronx county,  reimbursement  from  the
   33  proceeds  of  notes  and  bonds  issued  by the environmental facilities
   34  corporation for a capital  appropriation  of  $5,000,000  authorized  by
   35  chapter  55  of  the laws of 2006 to the environmental facilities corpo-
   36  ration for payment for the pipeline for jobs program, reimbursement from
   37  the proceeds of notes or bonds issued by  the  dormitory  authority  for
   38  capital  disbursements  of  up to $14,000,000 from any capital appropri-
   39  ation or reappropriation authorized by chapter 53 of the  laws  of  2006
   40  for the library construction purpose, reimbursement from the proceeds of
   41  notes or bonds issued by the urban development corporation or the dormi-
   42  tory  authority for an appropriation of $1,200,000 authorized by chapter
   43  53 of the laws of 2006 for the towns of Bristol and  Canandaigua  public
   44  water  systems, reimbursement from the proceeds of notes or bonds issued
   45  by the urban development corporation or the dormitory authority  for  an
   46  appropriation of $5,500,000 authorized by chapter 53 of the laws of 2006
   47  for  Belleayre  mountain  ski center, reimbursement from the proceeds of
   48  notes or bonds issued by the urban development corporation or the dormi-
   49  tory authority for an appropriation of $25,000,000 authorized by chapter
   50  53 of the laws of 2006 for the town of Smithtown/Kings Park  psychiatric
   51  center rehabilitation, reimbursement from the proceeds of notes or bonds
   52  issued  by  the urban development corporation or the dormitory authority
   53  for an appropriation of $5,000,000 authorized by chapter 108 of the laws
   54  of 2006 for a state of New York umbilical cord bank, reimbursement  from
   55  the  proceeds  of  notes or bonds issued by the urban development corpo-
   56  ration or the dormitory authority for  an  appropriation  of  $5,500,000
       S. 2605--A                         58                         A. 3005--A
    1  authorized  by  chapter  53 of the laws of 2006 for an Old Gore mountain
    2  ski bowl connection, reimbursement from the proceeds of notes  or  bonds
    3  issued  by  the urban development corporation or the dormitory authority
    4  for  an appropriation of $2,000,000 authorized by chapter 53 of the laws
    5  of 2006 for a Cornell equine drug testing laboratory, reimbursement from
    6  the proceeds of notes or bonds issued by the  urban  development  corpo-
    7  ration  or  the  dormitory  authority for an appropriation of $2,000,000
    8  authorized by chapter 53 of the laws of 2006  for  a  Fredonia  vineyard
    9  laboratory,  reimbursement from the proceeds of notes or bonds issued by
   10  the dormitory authority or the  urban  development  corporation  for  an
   11  appropriation  of  $40,000,000  authorized by chapter 108 of the laws of
   12  2006 for a food testing laboratory, reimbursement from the  proceeds  of
   13  notes  or  bonds  issued  by the New York state thruway authority for an
   14  appropriation of $22,000,000 authorized by chapter 108 of  the  laws  of
   15  2006 to the department of transportation for high speed rail, reimburse-
   16  ment from the proceeds of notes or bonds issued by the urban development
   17  corporation  for  capital  disbursements  of  up to $500,000,000 from an
   18  appropriation authorized by chapter 108 of the laws of 2006 to the urban
   19  development corporation for development of a semiconductor manufacturing
   20  facility, reimbursement from the proceeds of notes or  bonds  issued  by
   21  the  urban  development corporation of up to $150,000,000 from an appro-
   22  priation authorized by chapter 108 of the laws  of  2006  to  the  urban
   23  development  corporation  for  research  and development activities of a
   24  semiconductor manufacturer, and reimbursement from the proceeds of notes
   25  or bonds  issued  by  the  urban  development  corporation  for  capital
   26  disbursements  of  up to $292,385,000 from an appropriation to the urban
   27  development corporation authorized by chapter 108 of the  laws  of  2006
   28  for community revitalization projects.
   29    S  31.  Notwithstanding  any  other  law,  rule,  or regulation to the
   30  contrary, the comptroller is hereby authorized and directed  to  deposit
   31  to  the  credit  of  the  capital  projects fund, reimbursement from the
   32  proceeds of notes or bonds issued by the environmental facilities corpo-
   33  ration for a capital appropriation of $29,600,000 authorized by  chapter
   34  55  of  the laws of 2007 to the department of environmental conservation
   35  for payment of a portion of the state's match for federal capitalization
   36  grants for the water pollution control revolving loan  fund,  reimburse-
   37  ment from the proceeds of notes or bonds issued by the urban development
   38  corporation  for  disbursements  of  up  to $20,000,000 from any capital
   39  appropriation or reappropriation authorized by chapter 50 of the laws of
   40  2007 to the office of general services for various purposes,  reimburse-
   41  ment  from  the  proceeds  of notes or bonds issued by the environmental
   42  facilities  corporation  for  a  capital  appropriation  of  $13,500,000
   43  authorized  by chapter 55 of the laws of 2007 to the energy research and
   44  development authority for the Western New York Nuclear Service Center at
   45  West Valley, reimbursement from the proceeds of notes or bonds issued by
   46  the environmental facilities corporation for a capital appropriation  of
   47  $10,000,000  authorized by chapter 55 of the laws of 2007 to the depart-
   48  ment of environmental conservation for Onondaga lake, reimbursement from
   49  the proceeds of notes or bonds issued by  the  environmental  facilities
   50  corporation  for  disbursements  of  up  to $12,000,000 from any capital
   51  appropriations or reappropriations authorized by chapter 55 of the  laws
   52  of  2007  to  the  department of environmental conservation for environ-
   53  mental purposes, reimbursement from  the  proceeds  of  notes  or  bonds
   54  issued by the urban development corporation for capital disbursements of
   55  up  to  $3,000,000  from  any  capital  appropriation or reappropriation
   56  authorized by chapter 50 of the laws of 2007 to the division of military
       S. 2605--A                         59                         A. 3005--A
    1  and naval affairs for various purposes, reimbursement from the  proceeds
    2  of  notes  or  bonds  issued  by  the  urban development corporation for
    3  disbursements from a capital appropriation of $50,000,000 authorized  by
    4  chapter  50  of  the  laws  of  2007 to the division of state police for
    5  construction of a Troop G facility, reimbursement from the  proceeds  of
    6  notes or bonds issued by the urban development corporation for disburse-
    7  ments  from  a capital appropriation of $6,000,000 authorized by chapter
    8  50 of the laws of 2007 to the division of state police for  construction
    9  of evidence storage facilities, reimbursement from the proceeds of notes
   10  or  bonds  issued  by  the  dormitory authority or the urban development
   11  corporation for capital appropriations totaling  $77,900,000  authorized
   12  by  chapter  51  of the laws of 2007 to the judiciary for court training
   13  facilities and courthouse improvement projects, reimbursement  from  the
   14  proceeds  of  notes or bonds issued by the urban development corporation
   15  for a capital appropriation of $20,000,000 authorized by chapter  50  of
   16  the  laws of 2007 to all state departments and agencies for the purchase
   17  of equipment, reimbursement from the proceeds of notes or  bonds  issued
   18  by   the   dormitory  authority  for  capital  disbursements  of  up  to
   19  $14,000,000 from any capital appropriation or reappropriation authorized
   20  by chapter 53 of the laws of 2007 for library  construction,  reimburse-
   21  ment from the proceeds of notes or bonds issued by the dormitory author-
   22  ity  for  capital  disbursements  of  up to $60,000,000 from any capital
   23  appropriation or reappropriation authorized by chapter 53 of the laws of
   24  2007 for cultural education storage facilities, reimbursement  from  the
   25  proceeds  of  notes or bonds issued by the urban development corporation
   26  for capital disbursements of up to $15,000,000 from any  capital  appro-
   27  priation or reappropriation authorized by chapter 55 of the laws of 2007
   28  for Roosevelt Island Operating Corporation aerial tramway, reimbursement
   29  from  the  proceeds  of  notes  or bonds issued by the urban development
   30  corporation for capital disbursements of  up  to  $20,000,000  from  any
   31  capital appropriation or reappropriation authorized by chapter 55 of the
   32  laws  of  2007 for Governor's Island, reimbursement from the proceeds of
   33  notes or bonds issued by the urban development corporation  for  capital
   34  disbursements  of  up  to  $7,500,000  from any capital appropriation or
   35  reappropriation authorized by chapter 55 of the laws of 2007 for  Harri-
   36  man  research  and  technology  park, reimbursement from the proceeds of
   37  notes or bonds issued by the urban development corporation  for  capital
   38  disbursements  of  up  to  $7,950,000  from any capital appropriation or
   39  reappropriation authorized by chapter 55 of the laws  of  2007  for  USA
   40  Niagara, and reimbursement from the proceeds of notes or bonds issued by
   41  the  urban  development  corporation  for capital disbursements of up to
   42  $1,300,000 from appropriations authorized by chapter 50 of the  laws  of
   43  2007  made  to  the  office  of  general services for legislative office
   44  building hearing rooms.
   45    S 32. Notwithstanding any  other  law,  rule,  or  regulation  to  the
   46  contrary,  the  comptroller is hereby authorized and directed to deposit
   47  to the credit of the  capital  projects  fund,  reimbursement  from  the
   48  proceeds of notes or bonds issued by the environmental facilities corpo-
   49  ration  for a capital appropriation of $29,600,000 authorized by chapter
   50  55 of the laws of 2008 to the department of  environmental  conservation
   51  for payment of a portion of the state's match for federal capitalization
   52  grants  for  the water pollution control revolving loan fund, reimburse-
   53  ment from the proceeds of notes or bonds issued by the urban development
   54  corporation for a capital appropriation of  $141,000,000  authorized  by
   55  chapter 50 of the laws of 2008 to all state departments and agencies for
   56  the purchase of equipment or systems development, reimbursement from the
       S. 2605--A                         60                         A. 3005--A
    1  proceeds  of  notes or bonds issued by the urban development corporation
    2  for disbursements of up to $45,500,000 from any capital appropriation or
    3  reappropriation authorized by chapter 50 of the  laws  of  2008  to  the
    4  office  of general services for various purposes, reimbursement from the
    5  proceeds of notes or bonds issued by the environmental facilities corpo-
    6  ration for a capital appropriation of $13,500,000 authorized by  chapter
    7  55  of the laws of 2008 to the energy research and development authority
    8  for the  Western  New  York  Nuclear  Service  Center  at  West  Valley,
    9  reimbursement from the proceeds of notes or bonds issued by the environ-
   10  mental facilities corporation for a capital appropriation of $10,000,000
   11  authorized  by chapter 55 of the laws of 2008 to the department of envi-
   12  ronmental  conservation  for  Onondaga  lake,  reimbursement  from   the
   13  proceeds of notes or bonds issued by the environmental facilities corpo-
   14  ration for disbursements of up to $12,000,000 from any capital appropri-
   15  ations  or reappropriations authorized by chapter 55 of the laws of 2008
   16  to  the  department  of  environmental  conservation  for  environmental
   17  purposes,  reimbursement  from  the proceeds of notes or bonds issued by
   18  the urban development corporation for capital  disbursements  of  up  to
   19  $3,000,000  from any capital appropriation or reappropriation authorized
   20  by chapter 50 of the laws of 2008 to the division of military and  naval
   21  affairs  for  various purposes, reimbursement from the proceeds of notes
   22  or bonds issued by the  urban  development  corporation  for  a  capital
   23  appropriation of $2,500,000 authorized by chapter 50 of the laws of 2008
   24  to  the  office  for  technology  for  activities  related  to broadband
   25  service, reimbursement from the proceeds of notes or bonds issued by the
   26  urban development corporation for a capital appropriation of  $6,000,000
   27  authorized  by  chapter  50 of the laws of 2008 to the division of state
   28  police for rehabilitation of facilities, reimbursement from the proceeds
   29  of notes or bonds issued by the dormitory authority of the state of  New
   30  York or other financing source for a capital appropriation authorized by
   31  chapter  53  of the laws of 2008 of $14,000,000 to the education depart-
   32  ment for library construction, reimbursement from the proceeds of  notes
   33  or  bonds  issued by the dormitory authority of the state of New York or
   34  other financing source for a capital appropriation authorized by chapter
   35  53 of the laws of 2008 of $15,000,000 to the  education  department  for
   36  museum  renewal  projects,  reimbursement  from the proceeds of notes or
   37  bonds issued by the urban development corporation for capital  appropri-
   38  ation of $50,000,000 authorized by chapter 53 of the laws of 2008 to the
   39  urban  development  corporation for services and expenses related to the
   40  investment opportunity fund, reimbursement from the proceeds of notes or
   41  bonds issued by the urban development corporation for capital  appropri-
   42  ation of $18,000,000 authorized by chapter 53 of the laws of 2008 to the
   43  urban  development corporation for services and expenses related to arts
   44  and cultural projects, reimbursement from the proceeds of bonds or notes
   45  issued by the urban development corporation for a capital  appropriation
   46  of $32,148,000 authorized by chapter 53 of the laws of 2008 for economic
   47  and  community  development projects, reimbursement from the proceeds of
   48  bonds or notes issued by the urban development corporation for a capital
   49  appropriation of $30,000,000 authorized by chapter 53  of  the  laws  of
   50  2008  for  New  York city waterfront development projects, reimbursement
   51  from the proceeds of bonds or notes  issued  by  the  urban  development
   52  corporation  for  a  capital  appropriation of $45,000,000 authorized by
   53  chapter 53  of  the  laws  of  2008  for  Luther  Forest  infrastructure
   54  projects,  reimbursement  from  the proceeds of notes or bonds issued by
   55  the  urban  development  corporation  for   capital   appropriation   of
   56  $35,000,000  authorized  by  chapter 53 of the laws of 2008 to the urban
       S. 2605--A                         61                         A. 3005--A
    1  development corporation for services and expenses related  to  downstate
    2  regional  projects,  reimbursement  from  the proceeds of notes or bonds
    3  issued by the urban development corporation for capital appropriation of
    4  $137,037,000  authorized  by chapter 53 of the laws of 2008 to the urban
    5  development corporation for services and  expenses  related  to  upstate
    6  city-by-city projects, reimbursement from the proceeds of notes or bonds
    7  issued by the urban development corporation for capital appropriation of
    8  $35,000,000  authorized  by  chapter 53 of the laws of 2008 to the urban
    9  development corporation for services and expenses related to  the  down-
   10  state  revitalization projects, reimbursement from the proceeds of notes
   11  or bonds issued by the urban development corporation for capital  appro-
   12  priation of $117,265,000 authorized by chapter 53 of the laws of 2008 to
   13  the  urban  development corporation for services and expenses related to
   14  the upstate regional blueprint fund, reimbursement from the proceeds  of
   15  notes  or  bonds issued by the urban development corporation for capital
   16  appropriation of $25,000,000 authorized by chapter 53  of  the  laws  of
   17  2008  to  the  urban  development  corporation for services and expenses
   18  related  to  the  upstate  agricultural   economic   development   fund,
   19  reimbursement  from  the  proceeds of notes or bonds issued by the urban
   20  development  corporation  for  capital  appropriation  of   $350,000,000
   21  authorized  by  chapter  53 of the laws of 2008 to the urban development
   22  corporation for services and expenses related  to  the  New  York  state
   23  capital  assistance program, reimbursement from the proceeds of notes or
   24  bonds issued by the urban development corporation for capital  appropri-
   25  ation  of  $350,000,000  authorized by chapter 53 of the laws of 2008 to
   26  the urban development corporation for services and expenses  related  to
   27  the   New  York  state  economic  development  assistance  program,  and
   28  reimbursement from the proceeds of notes or bonds issued  by  the  urban
   29  development corporation for capital appropriation of $20,000,000 author-
   30  ized  by  chapter 55 of the laws of 2008 to the urban development corpo-
   31  ration for services and expenses related to the  empire  state  economic
   32  development fund.
   33    S  33.  Notwithstanding  any  other  law,  rule,  or regulation to the
   34  contrary, the comptroller is hereby authorized and directed  to  deposit
   35  to  the  credit  of  the  capital  projects fund, reimbursement from the
   36  proceeds of notes or bonds issued by the environmental facilities corpo-
   37  ration for a capital appropriation of $29,600,000 authorized by  chapter
   38  55  of  the laws of 2009 to the department of environmental conservation
   39  for payment of a portion of the state's match for federal capitalization
   40  grants for the water pollution control revolving loan  fund,  reimburse-
   41  ment from the proceeds of notes or bonds issued by the urban development
   42  corporation  for  a  capital appropriation of $129,800,000 authorized by
   43  chapter 50 of the laws of 2009 to all state departments and agencies for
   44  the purchase of equipment or systems development, reimbursement from the
   45  proceeds of notes or bonds issued by the urban  development  corporation
   46  for disbursements of up to $24,000,000 from any capital appropriation or
   47  reappropriation  authorized  by  chapter  50  of the laws of 2009 to the
   48  office of general services for various purposes, reimbursement from  the
   49  proceeds of notes or bonds issued by the environmental facilities corpo-
   50  ration  for a capital appropriation of $13,500,000 authorized by chapter
   51  55 of the laws of 2009 to the energy research and development  authority
   52  for  the  Western  New  York  Nuclear  Service  Center  at  West Valley,
   53  reimbursement from the proceeds of notes or bonds issued by the environ-
   54  mental facilities corporation for a capital appropriation of $10,000,000
   55  authorized by chapter 55 of the laws of 2009 to the department of  envi-
   56  ronmental   conservation  for  Onondaga  lake,  reimbursement  from  the
       S. 2605--A                         62                         A. 3005--A
    1  proceeds of notes or bonds issued by the environmental facilities corpo-
    2  ration for disbursements of up to $12,000,000 from any capital appropri-
    3  ations or reappropriations authorized by chapter 55 of the laws of  2009
    4  to  the  department  of  environmental  conservation  for  environmental
    5  purposes, reimbursement from the proceeds of notes or  bonds  issued  by
    6  the  urban  development  corporation  for capital disbursements of up to
    7  $3,000,000 from any capital appropriation or reappropriation  authorized
    8  by  chapter 50 of the laws of 2009 to the division of military and naval
    9  affairs for various purposes, reimbursement from the proceeds  of  notes
   10  or  bonds  issued  by  the  urban  development corporation for a capital
   11  appropriation of $6,000,000 authorized by chapter 50 of the laws of 2009
   12  to the division  of  state  police  for  rehabilitation  of  facilities,
   13  reimbursement from the proceeds of notes or bonds issued by the dormito-
   14  ry  authority  of  the state of New York or other financing source for a
   15  capital appropriation authorized by chapter 53 of the laws  of  2009  of
   16  $14,000,000  to the state education department for library construction,
   17  reimbursement from the proceeds of notes or bonds issued by the dormito-
   18  ry authority of the state of New York or other financing  source  for  a
   19  capital  appropriation  of  $4,000,000 to the state education department
   20  for rehabilitation associated  with  the  St.  Regis  Mohawk  elementary
   21  school  authorized  by  chapter 53 of the laws of 2009 and reimbursement
   22  from the proceeds of notes or bonds  issued  by  the  urban  development
   23  corporation for capital appropriation of $25,000,000 authorized by chap-
   24  ter  55  of  the  laws  of 2009 to the urban development corporation for
   25  services and expenses related to the empire state  economic  development
   26  fund.
   27    S  34.  Notwithstanding  any  other  law,  rule,  or regulation to the
   28  contrary, the comptroller is hereby authorized and directed  to  deposit
   29  to  the  credit  of  the  capital  projects fund, reimbursement from the
   30  proceeds of notes or bonds issued by the environmental facilities corpo-
   31  ration for a capital appropriation of $29,600,000 authorized by  chapter
   32  55  of  the laws of 2010 to the department of environmental conservation
   33  for payment of a portion of the state's match for federal capitalization
   34  grants for the water pollution control revolving loan  fund,  reimburse-
   35  ment from the proceeds of notes or bonds issued by the urban development
   36  corporation  for  a  capital appropriation of $187,285,000 authorized by
   37  chapter 50 of the laws of 2010 to all state departments and agencies for
   38  the purchase of equipment or systems development, reimbursement from the
   39  proceeds of notes or bonds issued by the urban  development  corporation
   40  for disbursements of up to $26,950,000 from any capital appropriation or
   41  reappropriation  authorized  by  chapter  50  of the laws of 2010 to the
   42  office of general services for various purposes, reimbursement from  the
   43  proceeds of notes or bonds issued by the environmental facilities corpo-
   44  ration  for  a capital appropriation of $5,000,000 authorized by chapter
   45  55 of the laws of 2010 to the department of  environmental  conservation
   46  for  Onondaga  lake,  reimbursement  from the proceeds of notes or bonds
   47  issued by the environmental facilities corporation for disbursements  of
   48  up  to  $12,000,000  from any capital appropriations or reappropriations
   49  authorized by chapter 55 of the laws of 2010 to the department of  envi-
   50  ronmental  conservation  for  environmental purposes, reimbursement from
   51  the proceeds of notes or bonds issued by the  urban  development  corpo-
   52  ration  for  capital  disbursements of up to $3,000,000 from any capital
   53  appropriation or reappropriation authorized by chapter 50 of the laws of
   54  2010 to the division of military and naval affairs for various purposes,
   55  reimbursement from the proceeds of notes or bonds issued  by  the  urban
   56  development  corporation  for  a  capital  appropriation  of  $6,000,000
       S. 2605--A                         63                         A. 3005--A
    1  authorized by chapter 50 of the laws of 2010 to the  division  of  state
    2  police for rehabilitation of facilities, reimbursement from the proceeds
    3  of  notes or bonds issued by the dormitory authority of the state of New
    4  York   or   other  financing  source  for  a  capital  appropriation  of
    5  $14,000,000 authorized by chapter 53 of the laws of 2010  to  the  state
    6  education  department  for library construction, reimbursements from the
    7  proceeds of notes or bonds issued by  the  dormitory  authority  of  the
    8  state  of New York or other financing source for a capital appropriation
    9  of $20,400,000 authorized by chapter 100 of the  laws  of  2010  to  the
   10  state   education  department  for  the  longitudinal  data  system  and
   11  reimbursement from the proceeds of notes or bonds issued by the dormito-
   12  ry authority of the state of New York or other financing  source  for  a
   13  capital  appropriation  of  $42,000,000  for  the state preparedness and
   14  training center.
   15    S 35. Notwithstanding any  other  law,  rule,  or  regulation  to  the
   16  contrary,  the  comptroller is hereby authorized and directed to deposit
   17  to the credit of the  capital  projects  fund,  reimbursement  from  the
   18  proceeds of notes or bonds issued by the environmental facilities corpo-
   19  ration  for a capital appropriation of $35,000,000 authorized by a chap-
   20  ter of the laws of 2011 to the department of environmental  conservation
   21  for payment of a portion of the state's match for federal capitalization
   22  grants  for  the water pollution control revolving loan fund, reimburse-
   23  ment from the proceeds of notes or bonds issued by the urban development
   24  corporation for a capital appropriation of $92,751,000 authorized  by  a
   25  chapter  of  the  laws of 2011 to all state departments and agencies for
   26  the purchase of equipment or systems development, reimbursement from the
   27  proceeds of notes or bonds issued by the urban  development  corporation
   28  for disbursements of up to $40,000,000 from any capital appropriation or
   29  reappropriation  authorized  by  a  chapter  of  the laws of 2011 to the
   30  office of general services for various purposes, reimbursement from  the
   31  proceeds of notes or bonds issued by the environmental facilities corpo-
   32  ration for disbursements of up to $12,000,000 from any capital appropri-
   33  ations  or  reappropriations authorized by a chapter of the laws of 2011
   34  to  the  department  of  environmental  conservation  for  environmental
   35  purposes,  reimbursement  from  the proceeds of notes or bonds issued by
   36  the urban development corporation for capital  disbursements  of  up  to
   37  $3,000,000  from any capital appropriation or reappropriation authorized
   38  by a chapter of the laws of 2011 to the division of military  and  naval
   39  affairs  for  various purposes, reimbursement from the proceeds of notes
   40  or bonds issued by the  urban  development  corporation  for  a  capital
   41  appropriation  of $6,000,000 authorized by a chapter of the laws of 2011
   42  to the division  of  state  police  for  rehabilitation  of  facilities,
   43  reimbursement from the proceeds of notes or bonds issued by the dormito-
   44  ry  authority  of  the state of New York or other financing source for a
   45  capital appropriation of $14,000,000 authorized by a chapter of the laws
   46  of 2011 to the state  education  department  for  library  construction,
   47  reimbursement  from  the  proceeds of notes or bonds issued by the urban
   48  development  corporation  for  capital  appropriation  of   $130,550,000
   49  authorized  by  a  chapter  of the laws of 2011 to the urban development
   50  corporation for services and expenses related to the  regional  economic
   51  development council initiative, reimbursement from the proceeds of notes
   52  or  bonds issued by the urban development corporation for capital appro-
   53  priation of $50,000,000 authorized by a chapter of the laws of  2011  to
   54  the  urban  development corporation for services and expenses related to
   55  the economic transformation program.  Reimbursements from  the  proceeds
   56  of  notes  or  bonds  issued  by  the  urban development corporation for
       S. 2605--A                         64                         A. 3005--A
    1  disbursements of up to $40,000,000 from  any  capital  appropriation  or
    2  reappropriation  authorized  by  a  chapter  of  the laws of 2011 to the
    3  office of general services for various purposes.
    4    S  36.  Notwithstanding  any  other  law,  rule,  or regulation to the
    5  contrary, the comptroller is hereby authorized and directed  to  deposit
    6  to  the  credit  of  the  capital  projects fund, reimbursement from the
    7  proceeds of notes or bonds issued by the environmental facilities corpo-
    8  ration for a capital appropriation of $35,000,000 authorized by a  chap-
    9  ter  of the laws of 2012 to the department of environmental conservation
   10  for payment of a portion of the state's match for federal capitalization
   11  grants for the water pollution control revolving loan  fund,  reimburse-
   12  ment  from  the  proceeds  of notes or bonds issued by the environmental
   13  facilities corporation for disbursements of up to $12,000,000  from  any
   14  capital  appropriations  or  reappropriations authorized by a chapter of
   15  the laws of 2012 to the department  of  environmental  conservation  for
   16  environmental  purposes,  reimbursement  from  the  proceeds of notes or
   17  bonds issued by the urban development corporation for capital  disburse-
   18  ments  of up to $3,000,000 from any capital appropriation or reappropri-
   19  ation authorized by a chapter of the laws of 2012  to  the  division  of
   20  military  and naval affairs for various purposes, reimbursement from the
   21  proceeds of notes or bonds issued by the urban  development  corporation
   22  for a capital appropriation of $6,000,000 authorized by a chapter of the
   23  laws  of  2012  to  the  division  of state police for rehabilitation of
   24  facilities, reimbursement from the proceeds of notes or bonds issued  by
   25  the  dormitory  authority  of  the  state of New York or other financing
   26  source for a capital appropriation of $14,000,000 authorized by a  chap-
   27  ter  of  the  laws of 2012 to the state education department for library
   28  construction, reimbursement from the proceeds of notes or  bonds  issued
   29  by the thruway authority, the dormitory authority and the urban develop-
   30  ment  corporation for a capital appropriation of $770,000,000 authorized
   31  by chapter 54 of the laws of 2012  to  the  metropolitan  transportation
   32  authority for various purposes, reimbursement from the proceeds of notes
   33  or  bonds issued by the thruway authority for a capital appropriation of
   34  $15,000,000 authorized by chapter 54 of the laws of 2012 to the  depart-
   35  ment  of  transportation  for  improvement  of  the  peace bridge plaza,
   36  reimbursement from the proceeds of notes or bonds issued  by  the  urban
   37  development  corporation  for  a  capital  appropriation of $130,000,000
   38  authorized by a chapter of the laws of 2012  to  the  urban  development
   39  corporation  for  services and expenses related to the regional economic
   40  development council initiative, reimbursement from the proceeds of notes
   41  or bonds issued by the  urban  development  corporation  for  a  capital
   42  appropriation of $75,000,000 authorized by a chapter of the laws of 2012
   43  to  the  urban development corporation for services and expenses related
   44  to the New York works economic development fund, reimbursement from  the
   45  proceeds  of  notes or bonds issued by the urban development corporation
   46  for a capital appropriation of $75,000,000 authorized by  a  chapter  of
   47  the  laws  of 2012 to the urban development corporation for services and
   48  expenses related to the buffalo regional innovation cluster,  reimburse-
   49  ment from the proceeds of notes or bonds issued by the urban development
   50  corporation  for a capital appropriation of $250,000,000 authorized by a
   51  chapter of the laws of 2012 to the  urban  development  corporation  for
   52  services  and  expenses  related  to  the  state  university of New York
   53  college for nanoscale and science  engineering  project,  reimbursements
   54  from  the  proceeds  of  notes  or bonds issued by the urban development
   55  corporation for disbursements of up  to  $26,000,000  from  any  capital
       S. 2605--A                         65                         A. 3005--A
    1  appropriation  or reappropriation authorized by a chapter of the laws of
    2  2012 to the office of general services for various purposes.
    3    S  37.  Notwithstanding  any  other  law,  rule,  or regulation to the
    4  contrary, the comptroller is hereby authorized and directed  to  deposit
    5  to  the  credit  of  the  capital  projects fund, reimbursement from the
    6  proceeds of notes or bonds issued by the environmental facilities corpo-
    7  ration for a capital appropriation of $35,000,000 authorized by a  chap-
    8  ter  of the laws of 2013 to the department of environmental conservation
    9  for payment of a portion of the state's match for federal capitalization
   10  grants for the water pollution control revolving loan  fund,  reimburse-
   11  ment  from  the  proceeds  of notes or bonds issued by the environmental
   12  facilities corporation for disbursements of up to $12,000,000  from  any
   13  capital  appropriations  or  reappropriations authorized by a chapter of
   14  the laws of 2013 to the department  of  environmental  conservation  for
   15  environmental  purposes,  reimbursement  from  the  proceeds of notes or
   16  bonds issued by the urban development corporation for capital  disburse-
   17  ments  of up to $3,000,000 from any capital appropriation or reappropri-
   18  ation authorized by a chapter of the laws of 2013  to  the  division  of
   19  military  and naval affairs for various purposes, reimbursement from the
   20  proceeds of notes or bonds issued by the urban  development  corporation
   21  for a capital appropriation of $7,000,000 authorized by a chapter of the
   22  laws  of  2013  to  the  division  of state police for rehabilitation of
   23  facilities, reimbursement from the proceeds of notes or bonds issued  by
   24  the  urban  development  corporation  for  a  capital  appropriation  of
   25  $12,500,000 authorized by a chapter of the laws of 2013 to the  division
   26  of  state police for aviation equipment, reimbursement from the proceeds
   27  of notes or bonds issued by the  urban  development  corporation  for  a
   28  capital appropriation of $32,740,000 authorized by a chapter of the laws
   29  of  2013  to  the division of state police for a pistol permit database,
   30  reimbursement from the proceeds of notes or bonds issued by the dormito-
   31  ry authority of the state of New York or other financing  source  for  a
   32  capital appropriation of $14,000,000 authorized by a chapter of the laws
   33  of  2013  to  the  state  education department for library construction,
   34  reimbursement from the proceeds of notes or bonds issued  by  the  urban
   35  development  corporation  for  a  capital  appropriation of $150,000,000
   36  authorized by a chapter of the laws of 2013  to  the  urban  development
   37  corporation  for  services and expenses related to the regional economic
   38  development council initiative, reimbursement from the proceeds of notes
   39  or bonds issued by the  urban  development  corporation  for  a  capital
   40  appropriation of $75,000,000 authorized by a chapter of the laws of 2013
   41  to  the  urban development corporation for services and expenses related
   42  to the buffalo  regional  innovation  cluster,  reimbursement  from  the
   43  proceeds  of  notes or bonds issued by the urban development corporation
   44  for a capital appropriation of $2,166,000 authorized by a chapter of the
   45  laws of 2013 to the  urban  development  corporation  for  services  and
   46  expenses  related  to  the retention of professional football in Western
   47  New York, reimbursements from the proceeds of notes or bonds  issued  by
   48  the urban development corporation for disbursements of up to $26,000,000
   49  from  any capital appropriation or reappropriation authorized by a chap-
   50  ter of the laws of 2013 to the office of general  services  for  various
   51  purposes,  reimbursement  from  the proceeds of notes or bonds issued by
   52  the  urban  development  corporation  for  a  capital  appropriation  of
   53  $53,891,000  authorized  by  a  chapter of the laws of 2013 to the urban
   54  development corporation for services and  expenses  related  to  capital
   55  improvements at Ralph Wilson Stadium, reimbursement from the proceeds of
   56  notes or bonds issued by the urban development corporation for a capital
       S. 2605--A                         66                         A. 3005--A
    1  appropriation  of  $165,000,000  authorized  by a chapter of the laws of
    2  2013 to the urban development  corporation  for  services  and  expenses
    3  related  to  the New York works economic development fund, reimbursement
    4  from  the proceeds of notes or bonds issued by the thruway authority for
    5  a capital appropriation of $100,000,000 authorized by a chapter  of  the
    6  laws  of  2013  to  the  department of transportation for transportation
    7  infrastructure projects, reimbursement from the  proceeds  of  notes  or
    8  bonds  issued  by  the  thruway authority for a capital appropriation of
    9  $200,000,000 authorized by a chapter of the laws of 2013 to the  depart-
   10  ment of transportation for various purposes.
   11    S 38. For purposes of sections twenty-six through thirty-seven of this
   12  act,  the  comptroller is also hereby authorized and directed to deposit
   13  to the credit of any  capital  projects  fund,  reimbursement  from  the
   14  proceeds  of bonds and notes issued by any authorized issuer, as defined
   15  by sections 68-a and 69-m of the state finance law, in the  amounts  and
   16  for the purposes listed in such sections.
   17    S  39.  Notwithstanding  any  other  law,  rule,  or regulation to the
   18  contrary, the comptroller is hereby authorized and directed  to  deposit
   19  to  the  credit  of  the  state university residence hall rehabilitation
   20  fund, reimbursement from the proceeds of notes or bonds  issued  by  the
   21  dormitory  authority  of the state of New York for capital disbursements
   22  of up to $331,000,000 from any appropriation or reappropriation  author-
   23  ized by a chapter of the laws of 2013.
   24    S  40.  Notwithstanding  any  other  law,  rule,  or regulation to the
   25  contrary, the comptroller is hereby authorized and directed  to  deposit
   26  to the credit of the city university special revenue fund, reimbursement
   27  from the proceeds of notes or bonds issued by the Dormitory Authority of
   28  the  State  of  New  York for capital disbursements of up to $20,000,000
   29  from any appropriation or reappropriation authorized by  chapter  53  of
   30  the  laws  of  2009  to  the  city  university  of  New York for various
   31  purposes.
   32    S 41. Notwithstanding any  other  law,  rule,  or  regulation  to  the
   33  contrary, the state comptroller is hereby authorized and directed to use
   34  any  balance  remaining  in the mental health services fund debt service
   35  appropriation, after payment by the state comptroller of all obligations
   36  required pursuant to any lease, sublease, or other financing arrangement
   37  between the dormitory authority of the state of New York as successor to
   38  the New York state medical  care  facilities  finance  agency,  and  the
   39  facilities development corporation pursuant to chapter 83 of the laws of
   40  1995  and  the  department  of  mental hygiene for the purpose of making
   41  payments to the dormitory authority of the state of  New  York  for  the
   42  amount  of  the  earnings  for the investment of monies deposited in the
   43  mental health services fund that such agency determines will or may have
   44  to be rebated to the federal government pursuant to  the  provisions  of
   45  the  internal  revenue code of 1986, as amended, in order to enable such
   46  agency to maintain the exemption from federal  income  taxation  on  the
   47  interest paid to the holders of such agency's mental services facilities
   48  improvement revenue bonds. On or before June 30, 2013, such agency shall
   49  certify  to  the  state  comptroller  its  determination  of the amounts
   50  received in the mental health services fund as a result of  the  invest-
   51  ment  of monies deposited therein that will or may have to be rebated to
   52  the federal government pursuant to the provisions of the internal reven-
   53  ue code of 1986, as amended.
   54    S 42. (1) Notwithstanding any other law, rule, or  regulation  to  the
   55  contrary,  the state comptroller shall at the commencement of each month
   56  certify to the director of the budget, the commissioner of environmental
       S. 2605--A                         67                         A. 3005--A
    1  conservation, the chair of the senate finance committee, and  the  chair
    2  of  the assembly ways and means committee the amounts disbursed from all
    3  appropriations for hazardous waste site  remediation  disbursements  for
    4  the month preceding such certification.
    5    (2)  Notwithstanding any law to the contrary, prior to the issuance by
    6  the comptroller of bonds authorized pursuant to subdivision a of section
    7  4 of the environmental quality bond act of nineteen hundred  eighty-six,
    8  as  enacted  by  chapter 511 of the laws of 1986, disbursements from all
    9  appropriations for that purpose shall first be  reimbursed  from  moneys
   10  credited  to  the  hazardous waste remedial fund, site investigation and
   11  construction account,  to  the  extent  moneys  are  available  in  such
   12  account.  For  purposes of determining moneys available in such account,
   13  the commissioner of environmental  conservation  shall  certify  to  the
   14  comptroller  the  amounts  required  for administration of the hazardous
   15  waste remedial program.
   16    (3) The comptroller is hereby authorized and directed to transfer  any
   17  balance above the amounts certified by the commissioner of environmental
   18  conservation  to  reimburse disbursements pursuant to all appropriations
   19  from such site investigation and construction account; provided,  howev-
   20  er,  that  if  such  transfers  are  determined by the comptroller to be
   21  insufficient to assure that interest paid  to  holders  of  state  obli-
   22  gations  issued  for  hazardous  waste purposes pursuant to the environ-
   23  mental quality bond act of nineteen hundred eighty-six,  as  enacted  by
   24  chapter 511 of the laws of 1986, is exempt from federal income taxation,
   25  the comptroller is hereby authorized and directed to transfer, from such
   26  site  investigation  and  construction  account to the general fund, the
   27  amount necessary to redeem bonds in an amount necessary  to  assure  the
   28  continuation  of such tax exempt status. Prior to the making of any such
   29  transfers, the comptroller shall notify the director of  the  budget  of
   30  the amount of such transfers.
   31    S  43.  Subdivision  2  of  section  68-a of the state finance law, as
   32  amended by section 36 of part U of chapter 59 of the laws  of  2012,  is
   33  amended to read as follows:
   34    2. "Authorized purpose" for purposes of this article and section nine-
   35  ty-two-z  of  this  chapter shall mean any purposes for which state-sup-
   36  ported debt, as defined by section sixty-seven-a of this chapter, may or
   37  has been issued except debt for  which  the  state  is  constitutionally
   38  obligated  thereunder  to  pay  debt  service and related expenses[, and
   39  except (a) as authorized in paragraph (b) of subdivision one of  section
   40  three  hundred eighty-five of the public authorities law, (b) as author-
   41  ized for the department of health of the state of New York facilities as
   42  specified in paragraph a of subdivision two of section  sixteen  hundred
   43  eighty  of  the public authorities law, (c) state university of New York
   44  dormitory facilities  as  specified  in  subdivision  eight  of  section
   45  sixteen  hundred seventy-eight of the public authorities law, and (d) as
   46  authorized for mental health services facilities by  section  nine-a  of
   47  section  one of chapter three hundred ninety-two of the laws of nineteen
   48  hundred seventy-three constituting  the  New  York  state  medical  care
   49  facilities  financing  act. Notwithstanding the provisions of clause (d)
   50  of this subdivision, for the  period  April  first,  two  thousand  nine
   51  through   March  thirty-first,  two  thousand  thirteen,  mental  health
   52  services facilities, as authorized by section nine-a of section  one  of
   53  chapter  three hundred ninety-two of the laws of nineteen hundred seven-
   54  ty-three constituting the New York state medical care facilities financ-
   55  ing act, shall constitute an authorized purpose].
       S. 2605--A                         68                         A. 3005--A
    1    S 44. Subdivision 8 of section 68-b  of  the  state  finance  law,  as
    2  amended  by  section 35 of part BB of chapter 58 of the laws of 2011, is
    3  amended to read as follows:
    4    8.  Revenue  bonds  may  only  be  issued  for authorized purposes, as
    5  defined in section sixty-eight-a of this  article.  Notwithstanding  the
    6  foregoing,  the  dormitory  authority  of  the state of New York and the
    7  urban development corporation may issue revenue bonds for any authorized
    8  purpose of any other such authorized issuer [through March thirty-first,
    9  two thousand thirteen]. The  authorized  issuers  shall  not  issue  any
   10  revenue  bonds  in  an  amount in excess of statutory authorizations for
   11  such authorized purposes. Authorizations for  such  authorized  purposes
   12  shall  be  reduced  in  an  amount  equal to the amount of revenue bonds
   13  issued for such authorized purposes under this article.  Such  reduction
   14  shall  not  be  made in relation to revenue bonds issued to fund reserve
   15  funds, if any, and costs of issuance, if these  items  are  not  counted
   16  under  existing authorizations, nor shall revenue bonds issued to refund
   17  bonds issued under existing authorizations reduce  the  amount  of  such
   18  authorizations.
   19    S  45. Subdivision 5 of section 3234 of the public authorities law, as
   20  amended by section 54 of part K of chapter 81 of the laws  of  2002,  is
   21  amended to read as follows:
   22    5.  A  majority  of the whole number of directors then in office shall
   23  constitute a quorum for the transaction of any business or the  exercise
   24  of  any  power of the corporation. Except as otherwise specified in this
   25  title, for the transaction of any business or the exercise of any  power
   26  of the corporation, the corporation shall have power to act by a majori-
   27  ty  of  the  directors  present  at  any meeting at which a quorum is in
   28  attendance; provided that one or more directors  may  participate  in  a
   29  meeting  by  means  of  conference  telephone  or similar communications
   30  equipment allowing all directors participating in the  meeting  to  hear
   31  each  other  at  the  same  time  and  participation by such means shall
   32  constitute presence in person at a meeting.  A  unanimous  vote  of  all
   33  directors  THEN IN OFFICE shall be required for approval of a resolution
   34  authorizing the issuance of bonds or notes or any supplemental or  amen-
   35  datory  resolution.   The corporation may delegate to one or more of its
   36  directors, or officers, agents and employees, such powers and duties  as
   37  the  directors  may deem proper. Five days notice shall be given to each
   38  director and nonvoting representative prior to any meeting of the corpo-
   39  ration.
   40    S 46. Section 1 of chapter 174 of the laws of 1968,  constituting  the
   41  New York state urban development corporation act, is amended by adding a
   42  new section 46 to read as follows:
   43    S  46.  1.  NOTWITHSTANDING  THE  PROVISIONS  OF  ANY OTHER LAW TO THE
   44  CONTRARY, THE DORMITORY AUTHORITY AND THE CORPORATION ARE HEREBY AUTHOR-
   45  IZED TO ISSUE BONDS OR NOTES IN ONE OR MORE SERIES FOR  THE  PURPOSE  OF
   46  FUNDING PROJECT COSTS FOR THE NEW YORK STATE TRANSFORMATIVE CAPITAL FUND
   47  AND  OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS. THE AGGRE-
   48  GATE PRINCIPAL AMOUNT OF BONDS AUTHORIZED TO BE ISSUED PURSUANT TO  THIS
   49  SECTION  SHALL  NOT  EXCEED  ONE  BILLION  ONE  HUNDRED  SEVENTY MILLION
   50  DOLLARS, EXCLUDING BONDS ISSUED TO FUND ONE OR MORE DEBT SERVICE RESERVE
   51  FUNDS, TO PAY COSTS OF ISSUANCE OF SUCH BONDS, AND BONDS OR NOTES ISSUED
   52  TO REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED. SUCH
   53  BONDS AND NOTES OF THE DORMITORY AUTHORITY AND THE CORPORATION SHALL NOT
   54  BE A DEBT OF THE STATE, AND THE STATE SHALL NOT BE LIABLE  THEREON,  NOR
   55  SHALL  THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN THOSE APPROPRIATED BY
   56  THE STATE TO THE DORMITORY AUTHORITY AND THE CORPORATION FOR  PRINCIPAL,
       S. 2605--A                         69                         A. 3005--A
    1  INTEREST,  AND  RELATED EXPENSES PURSUANT TO A SERVICE CONTRACT AND SUCH
    2  BONDS AND NOTES SHALL CONTAIN ON THE FACE THEREOF A  STATEMENT  TO  SUCH
    3  EFFECT. EXCEPT FOR PURPOSES OF COMPLYING WITH THE INTERNAL REVENUE CODE,
    4  ANY  INTEREST  INCOME  EARNED ON BOND PROCEEDS SHALL ONLY BE USED TO PAY
    5  DEBT SERVICE ON SUCH BONDS.
    6    2. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  IN
    7  ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE CORPORATION IN UNDERTAK-
    8  ING  THE  FINANCING  FOR PROJECT COSTS FOR THE NEW YORK STATE TRANSFORM-
    9  ATIVE CAPITAL FUND AND OTHER STATE COSTS ASSOCIATED  WITH  SUCH  CAPITAL
   10  PROJECTS,  THE DIRECTOR OF THE BUDGET IS HEREBY AUTHORIZED TO ENTER INTO
   11  ONE OR MORE SERVICE CONTRACTS  WITH  THE  DORMITORY  AUTHORITY  AND  THE
   12  CORPORATION,  NONE  OF WHICH SHALL EXCEED THIRTY YEARS IN DURATION, UPON
   13  SUCH TERMS AND CONDITIONS AS THE DIRECTOR OF THE BUDGET AND THE DORMITO-
   14  RY AUTHORITY AND THE CORPORATION AGREE, SO AS TO ANNUALLY PROVIDE TO THE
   15  DORMITORY AUTHORITY AND THE CORPORATION, IN THE AGGREGATE, A SUM NOT  TO
   16  EXCEED  THE  PRINCIPAL, INTEREST, AND RELATED EXPENSES REQUIRED FOR SUCH
   17  BONDS AND NOTES. ANY SERVICE CONTRACT  ENTERED  INTO  PURSUANT  TO  THIS
   18  SECTION SHALL PROVIDE THAT THE OBLIGATION OF THE STATE TO PAY THE AMOUNT
   19  THEREIN  PROVIDED  SHALL  NOT  CONSTITUTE A DEBT OF THE STATE WITHIN THE
   20  MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED
   21  EXECUTORY ONLY TO THE EXTENT OF MONIES AVAILABLE AND THAT  NO  LIABILITY
   22  SHALL  BE  INCURRED  BY  THE  STATE BEYOND THE MONIES AVAILABLE FOR SUCH
   23  PURPOSE, SUBJECT TO ANNUAL APPROPRIATION BY THE  LEGISLATURE.  ANY  SUCH
   24  CONTRACT  OR  ANY PAYMENTS MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED
   25  AND PLEDGED BY THE DORMITORY AUTHORITY AND THE CORPORATION  AS  SECURITY
   26  FOR ITS BONDS AND NOTES, AS AUTHORIZED BY THIS SECTION.
   27    3.  THE COMPTROLLER IS HEREBY AUTHORIZED TO RECEIVE FROM THE DORMITORY
   28  AUTHORITY AND THE CORPORATION ANY  PORTION  OF  BOND  PROCEEDS  PAID  TO
   29  PROVIDE  FUNDS  FOR OR REIMBURSE THE STATE FOR ITS COSTS ASSOCIATED WITH
   30  SUCH CAPITAL PROJECT COSTS AND TO CREDIT SUCH  AMOUNTS  TO  THE  CAPITAL
   31  PROJECTS FUND OR ANY OTHER APPROPRIATE FUND.
   32    S  47.  Section 1 of chapter 174 of the laws of 1968, constituting the
   33  New York state urban development corporation act, is amended by adding a
   34  new section 47 to read as follows:
   35    S 47. 1. NOTWITHSTANDING THE  PROVISIONS  OF  ANY  OTHER  LAW  TO  THE
   36  CONTRARY, THE DORMITORY AUTHORITY AND THE CORPORATION ARE HEREBY AUTHOR-
   37  IZED  TO  ISSUE  BONDS OR NOTES IN ONE OR MORE SERIES FOR THE PURPOSE OF
   38  FUNDING PROJECT COSTS FOR THE OFFICE OF INFORMATION TECHNOLOGY  SERVICES
   39  AND  OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS. THE AGGRE-
   40  GATE PRINCIPAL AMOUNT OF BONDS AUTHORIZED TO BE ISSUED PURSUANT TO  THIS
   41  SECTION  SHALL  NOT EXCEED SIXTY MILLION DOLLARS, EXCLUDING BONDS ISSUED
   42  TO FUND ONE OR MORE DEBT SERVICE RESERVE FUNDS, TO PAY COSTS OF ISSUANCE
   43  OF SUCH BONDS, AND BONDS OR NOTES ISSUED TO REFUND  OR  OTHERWISE  REPAY
   44  SUCH  BONDS  OR  NOTES  PREVIOUSLY  ISSUED.  SUCH BONDS AND NOTES OF THE
   45  DORMITORY AUTHORITY AND THE CORPORATION SHALL  NOT  BE  A  DEBT  OF  THE
   46  STATE,  AND  THE  STATE  SHALL  NOT BE LIABLE THEREON, NOR SHALL THEY BE
   47  PAYABLE OUT OF ANY FUNDS OTHER THAN THOSE APPROPRIATED BY THE  STATE  TO
   48  THE DORMITORY AUTHORITY AND THE CORPORATION FOR PRINCIPAL, INTEREST, AND
   49  RELATED EXPENSES PURSUANT TO A SERVICE CONTRACT AND SUCH BONDS AND NOTES
   50  SHALL CONTAIN ON THE FACE THEREOF A STATEMENT TO SUCH EFFECT. EXCEPT FOR
   51  PURPOSES  OF  COMPLYING  WITH  THE  INTERNAL  REVENUE CODE, ANY INTEREST
   52  INCOME EARNED ON BOND PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON
   53  SUCH BONDS.
   54    2. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  IN
   55  ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE CORPORATION IN UNDERTAK-
   56  ING  THE FINANCING FOR PROJECT COSTS FOR THE OFFICE OF INFORMATION TECH-
       S. 2605--A                         70                         A. 3005--A
    1  NOLOGY SERVICES AND OTHER  STATE  COSTS  ASSOCIATED  WITH  SUCH  CAPITAL
    2  PROJECTS,  THE DIRECTOR OF THE BUDGET IS HEREBY AUTHORIZED TO ENTER INTO
    3  ONE OR MORE SERVICE CONTRACTS  WITH  THE  DORMITORY  AUTHORITY  AND  THE
    4  CORPORATION,  NONE  OF WHICH SHALL EXCEED THIRTY YEARS IN DURATION, UPON
    5  SUCH TERMS AND CONDITIONS AS THE DIRECTOR OF THE BUDGET AND THE DORMITO-
    6  RY AUTHORITY AND THE CORPORATION AGREE, SO AS TO ANNUALLY PROVIDE TO THE
    7  DORMITORY AUTHORITY AND THE CORPORATION, IN THE AGGREGATE, A SUM NOT  TO
    8  EXCEED  THE  PRINCIPAL, INTEREST, AND RELATED EXPENSES REQUIRED FOR SUCH
    9  BONDS AND NOTES. ANY SERVICE CONTRACT  ENTERED  INTO  PURSUANT  TO  THIS
   10  SECTION SHALL PROVIDE THAT THE OBLIGATION OF THE STATE TO PAY THE AMOUNT
   11  THEREIN  PROVIDED  SHALL  NOT  CONSTITUTE A DEBT OF THE STATE WITHIN THE
   12  MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED
   13  EXECUTORY ONLY TO THE EXTENT OF MONIES AVAILABLE AND THAT  NO  LIABILITY
   14  SHALL  BE  INCURRED  BY  THE  STATE BEYOND THE MONIES AVAILABLE FOR SUCH
   15  PURPOSE, SUBJECT TO ANNUAL APPROPRIATION BY THE  LEGISLATURE.  ANY  SUCH
   16  CONTRACT  OR  ANY PAYMENTS MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED
   17  AND PLEDGED BY THE DORMITORY AUTHORITY AND THE CORPORATION  AS  SECURITY
   18  FOR ITS BONDS AND NOTES, AS AUTHORIZED BY THIS SECTION.
   19    3.  THE COMPTROLLER IS HEREBY AUTHORIZED TO RECEIVE FROM THE DORMITORY
   20  AUTHORITY AND THE CORPORATION ANY  PORTION  OF  BOND  PROCEEDS  PAID  TO
   21  PROVIDE  FUNDS  FOR OR REIMBURSE THE STATE FOR ITS COSTS ASSOCIATED WITH
   22  SUCH CAPITAL PROJECT COSTS AND TO CREDIT SUCH  AMOUNTS  TO  THE  CAPITAL
   23  PROJECTS FUND OR ANY OTHER APPROPRIATE FUND.
   24    S  48.  Subdivision  (a)  of section 28 of part Y of chapter 61 of the
   25  laws of 2005, relating to providing for the  administration  of  certain
   26  funds  and  accounts  related  to  the  2005-2006  budget, as amended by
   27  section 39 of part U of chapter 59 of the laws of 2012,  is  amended  to
   28  read as follows:
   29    (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
   30  notwithstanding any provisions of law  to  the  contrary,  one  or  more
   31  authorized  issuers  as defined by section 68-a of the state finance law
   32  are hereby authorized to issue bonds or notes in one or more  series  in
   33  an  aggregate  principal amount not to exceed [$24,000,000] $27,000,000,
   34  excluding bonds issued to finance  one  or  more  debt  service  reserve
   35  funds, to pay costs of issuance of such bonds, and bonds or notes issued
   36  to  refund or otherwise repay such bonds or notes previously issued, for
   37  the purpose of financing capital projects for public protection  facili-
   38  ties  in  the  Division  of Military and Naval Affairs, debt service and
   39  leases; and to reimburse the state general fund for  disbursements  made
   40  therefor.  Such bonds and notes of such authorized issuer 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 such authorized issuer for debt service  and  related  expenses
   44  pursuant to any service contract executed pursuant to subdivision (b) of
   45  this  section and such bonds and notes shall contain on the face thereof
   46  a statement to such effect. Except for purposes of  complying  with  the
   47  internal revenue code, any interest income earned on bond proceeds shall
   48  only be used to pay debt service on such bonds.
   49    S 49. Subdivision 1 of section 16 of part D of chapter 389 of the laws
   50  of  1997,  relating  to  the  financing  of  the correctional facilities
   51  improvement fund and the youth facility improvement fund, as amended  by
   52  section  40  of  part U of chapter 59 of the laws of 2012, is amended to
   53  read as follows:
   54    1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
   55  notwithstanding the provisions of section 18 of section 1 of chapter 174
   56  of the laws of 1968, the New York state urban development corporation is
       S. 2605--A                         71                         A. 3005--A
    1  hereby  authorized  to  issue  bonds,  notes and other obligations in an
    2  aggregate principal amount not to exceed [six] SEVEN billion [eight] ONE
    3  hundred [sixteen] THIRTY-THREE million [eight hundred] sixty-nine  thou-
    4  sand  dollars  [$6,816,869,000]  $7,133,069,000,  and  shall include all
    5  bonds, notes and other obligations issued pursuant to chapter 56 of  the
    6  laws  of  1983,  as amended or supplemented. The proceeds of such bonds,
    7  notes or other obligations shall be paid to the state,  for  deposit  in
    8  the  correctional  facilities capital improvement fund to pay for all or
    9  any portion of the amount or amounts paid by the  state  from  appropri-
   10  ations  or  reappropriations  made  to the department of corrections and
   11  community supervision from the correctional facilities capital  improve-
   12  ment  fund for capital projects. The aggregate amount of bonds, notes or
   13  other obligations authorized to be issued pursuant to this section shall
   14  exclude bonds, notes or other obligations issued to refund or  otherwise
   15  repay bonds, notes or other obligations theretofore issued, the proceeds
   16  of  which  were  paid  to  the state for all or a portion of the amounts
   17  expended by the state from appropriations or  reappropriations  made  to
   18  the  department  of  corrections  and  community  supervision; provided,
   19  however, that upon any such refunding or repayment the  total  aggregate
   20  principal amount of outstanding bonds, notes or other obligations may be
   21  greater   than   [six]  SEVEN  billion  [eight]  ONE  hundred  [sixteen]
   22  THIRTY-THREE  million  [eight  hundred]  sixty-nine   thousand   dollars
   23  [$6,816,869,000] $7,133,069,000, only if the present value of the aggre-
   24  gate  debt  service  of the refunding or repayment bonds, notes or other
   25  obligations to be issued shall not  exceed  the  present  value  of  the
   26  aggregate debt service of the bonds, notes or other obligations so to be
   27  refunded  or  repaid.  For the purposes hereof, the present value of the
   28  aggregate debt service of the refunding or  repayment  bonds,  notes  or
   29  other  obligations and of the aggregate debt service of the bonds, notes
   30  or other obligations so refunded  or  repaid,  shall  be  calculated  by
   31  utilizing  the  effective  interest  rate  of the refunding or repayment
   32  bonds, notes or other obligations, which shall be that rate  arrived  at
   33  by  doubling  the  semi-annual  interest rate (compounded semi-annually)
   34  necessary to discount the debt service  payments  on  the  refunding  or
   35  repayment bonds, notes or other obligations from the payment dates ther-
   36  eof  to  the date of issue of the refunding or repayment bonds, notes or
   37  other obligations and to  the  price  bid  including  estimated  accrued
   38  interest  or  proceeds  received  by the corporation including estimated
   39  accrued interest from the sale thereof.
   40    S 50. Paragraph (a) of subdivision 2 of section 47-e  of  the  private
   41  housing finance law, as amended by section 41 of part U of chapter 59 of
   42  the laws of 2012, is amended to read as follows:
   43    (a) Subject to the provisions of chapter fifty-nine of the laws of two
   44  thousand,  in  order  to  enhance and encourage the promotion of housing
   45  programs and thereby achieve the stated purposes and objectives of  such
   46  housing  programs, the agency shall have the power and is hereby author-
   47  ized from time to time to issue negotiable  housing  program  bonds  and
   48  notes  in  such principal amount as shall be necessary to provide suffi-
   49  cient funds for the repayment of amounts disbursed (and  not  previously
   50  reimbursed)  pursuant  to law or any prior year making capital appropri-
   51  ations or reappropriations for the  purposes  of  the  housing  program;
   52  provided,  however, that the agency may issue such bonds and notes in an
   53  aggregate principal amount  not  exceeding  two  billion  [seven]  EIGHT
   54  hundred [forty] FORTY-FOUR million [six] EIGHT hundred ninety-nine thou-
   55  sand  dollars,  plus a principal amount of bonds issued to fund the debt
   56  service reserve fund in accordance with the debt  service  reserve  fund
       S. 2605--A                         72                         A. 3005--A
    1  requirement  established  by  the  agency and to fund any other reserves
    2  that the agency reasonably deems necessary for the security or  marketa-
    3  bility  of  such  bonds and to provide for the payment of fees and other
    4  charges  and  expenses,  including  underwriters'  discount, trustee and
    5  rating agency fees, bond insurance,  credit  enhancement  and  liquidity
    6  enhancement  related to the issuance of such bonds and notes. No reserve
    7  fund securing the housing program bonds shall be entitled or eligible to
    8  receive state funds apportioned or appropriated to maintain  or  restore
    9  such  reserve  fund at or to a particular level, except to the extent of
   10  any deficiency resulting directly or indirectly from a  failure  of  the
   11  state to appropriate or pay the agreed amount under any of the contracts
   12  provided for in subdivision four of this section.
   13    S  51.  Subdivision  (b)  of  section 11 of chapter 329 of the laws of
   14  1991, amending the state finance law and  other  laws  relating  to  the
   15  establishment of the dedicated highway and bridge trust fund, as amended
   16  by section 42 of part U of chapter 59 of the laws of 2012, is amended to
   17  read as follows:
   18    (b) Any service contract or contracts for projects authorized pursuant
   19  to  sections  10-c,  10-f,  10-g and 80-b of the highway law and section
   20  14-k of the transportation law, and entered into pursuant to subdivision
   21  (a) of this section, shall provide  for  state  commitments  to  provide
   22  annually  to  the  thruway  authority a sum or sums, upon such terms and
   23  conditions as shall be deemed appropriate by the director of the budget,
   24  to fund, or fund the debt service requirements of any bonds or any obli-
   25  gations of the thruway authority issued to fund such projects  having  a
   26  cost  not  in  excess of [$7,106,022,000] $7,516,875,000 cumulatively by
   27  the end of fiscal year [2012-13] 2013-14.
   28    S 52. Subdivision 1 of section 1689-i of the public  authorities  law,
   29  as amended by section 50 of part U of chapter 59 of the laws of 2012, is
   30  amended to read as follows:
   31    1.  The  dormitory  authority  is  authorized  to  issue bonds, at the
   32  request of the commissioner of education, to  finance  eligible  library
   33  construction projects pursuant to section two hundred seventy-three-a of
   34  the  education  law,  in  amounts  certified by such commissioner not to
   35  exceed a total principal amount of  [ninety-eight]  ONE  HUNDRED  TWELVE
   36  million dollars.
   37    S  53.  Subdivision  (a)  of section 27 of part Y of chapter 61 of the
   38  laws of 2005, providing for the  administration  of  certain  funds  and
   39  accounts  related  to  the 2005-2006 budget, as amended by section 43 of
   40  part PP of chapter 56 of the  laws  of  2009,  is  amended  to  read  as
   41  follows:
   42    (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
   43  notwithstanding any provisions of law to the contrary, the urban  devel-
   44  opment  corporation  is hereby authorized to issue bonds or notes in one
   45  or  more  series  in  an  aggregate  principal  amount  not  to   exceed
   46  [$114,100,000]  $166,340,000,  excluding  bonds issued to finance one or
   47  more debt service reserve funds, to pay costs of issuance of such bonds,
   48  and bonds or notes issued to refund or otherwise  repay  such  bonds  or
   49  notes  previously  issued, for the purpose of financing capital projects
   50  for THE division of state police [facilities], debt service and  leases;
   51  and to reimburse the state general fund for disbursements made therefor.
   52  Such  bonds  and  notes of such authorized issuer shall not be a debt of
   53  the state, and the state shall not be liable thereon, nor shall they  be
   54  payable  out  of any funds other than those appropriated by the state to
   55  such authorized issuer for debt service and related expenses pursuant to
   56  any service contract  executed  pursuant  to  subdivision  (b)  of  this
       S. 2605--A                         73                         A. 3005--A
    1  section  and  such  bonds  and notes shall contain on the face thereof a
    2  statement to such effect. Except for  purposes  of  complying  with  the
    3  internal revenue code, any interest income earned on bond proceeds shall
    4  only be used to pay debt service on such bonds.
    5    S  54.  Section  44  of  section 1 of chapter 174 of the laws of 1968,
    6  constituting the New York state urban development  corporation  act,  as
    7  amended  by  section  43 of part U of chapter 59 of the laws of 2012, is
    8  amended to read as follows:
    9    S 44. ISSUANCE OF CERTAIN  BONDS  OR  NOTES.  1.  Notwithstanding  the
   10  provisions of any other law to the contrary, the dormitory authority and
   11  the  corporation are hereby authorized to issue bonds or notes in one or
   12  more series for the purpose of funding project costs  for  the  regional
   13  economic  development  council  initiative,  the economic transformation
   14  program, state university of New York college for nanoscale and  science
   15  engineering,  projects  within  the city of Buffalo or surrounding envi-
   16  rons, [and] the New York works economic development fund,  PROJECTS  FOR
   17  THE  RETENTION  OF  PROFESSIONAL FOOTBALL IN WESTERN NEW YORK, and other
   18  state costs associated with such  projects.    The  aggregate  principal
   19  amount  of  bonds authorized to be issued pursuant to this section shall
   20  not exceed [seven hundred ten million five hundred  fifty]  ONE  BILLION
   21  ONE  HUNDRED  FIFTY-SIX  MILLION  SIX  HUNDRED  SEVEN  thousand dollars,
   22  excluding bonds issued to fund one or more debt service  reserve  funds,
   23  to  pay  costs  of  issuance of such bonds, and bonds or notes issued to
   24  refund or otherwise repay such bonds or notes  previously  issued.  Such
   25  bonds and notes of the dormitory authority and the corporation shall not
   26  be  a  debt of the state, and the state shall not be liable thereon, nor
   27  shall they be payable out of any funds other than those appropriated  by
   28  the  state to the dormitory authority and the corporation for principal,
   29  interest, and related expenses pursuant to a service contract  and  such
   30  bonds  and  notes  shall contain on the face thereof a statement to such
   31  effect. Except for purposes of complying with the internal revenue code,
   32  any interest income earned on bond proceeds shall only be  used  to  pay
   33  debt service on such bonds.
   34    2.  Notwithstanding  any  other  provision  of law to the contrary, in
   35  order to assist the dormitory authority and the corporation in undertak-
   36  ing the financing for project costs for the regional  economic  develop-
   37  ment  council  initiative,  the  economic  transformation program, state
   38  university of New York college for nanoscale  and  science  engineering,
   39  projects  within  the city of Buffalo or surrounding environs [and], the
   40  New York works economic development fund, PROJECTS FOR THE RETENTION  OF
   41  PROFESSIONAL FOOTBALL IN WESTERN NEW YORK, and other state costs associ-
   42  ated with such projects, the director of the budget is hereby authorized
   43  to enter into one or more service contracts with the dormitory authority
   44  and  the  corporation,  none of which shall exceed thirty years in dura-
   45  tion, upon such terms and conditions as the director of the  budget  and
   46  the  dormitory  authority  and  the corporation agree, so as to annually
   47  provide to the dormitory authority and the corporation,  in  the  aggre-
   48  gate,  a sum not to exceed the principal, interest, and related expenses
   49  required for such bonds and notes. Any  service  contract  entered  into
   50  pursuant  to this section shall provide that the obligation of the state
   51  to pay the amount therein provided shall not constitute a  debt  of  the
   52  state  within  the  meaning of any constitutional or statutory provision
   53  and shall be deemed executory only to the extent of monies available and
   54  that no liability shall be incurred  by  the  state  beyond  the  monies
   55  available  for  such  purpose,  subject  to  annual appropriation by the
   56  legislature. Any such contract or any payments made or to be made there-
       S. 2605--A                         74                         A. 3005--A
    1  under may be assigned and pledged by the  dormitory  authority  and  the
    2  corporation  as  security for its bonds and notes, as authorized by this
    3  section.
    4    S 55. Subdivisions 1 and 3 of section 1285-p of the public authorities
    5  law,subdivision  1  as amended by section 21 of part II of chapter 59 of
    6  the laws of 2004 and subdivision 3 as amended by section 38 of part U of
    7  chapter 59 of the laws of 2012, are amended to read as follows:
    8    1. Subject to chapter fifty-nine of the  laws  of  two  thousand,  but
    9  notwithstanding any other provisions of law to the contrary, in order to
   10  assist the corporation in undertaking the administration and the financ-
   11  ing of the design, acquisition, construction, improvement, installation,
   12  and related work for all or any portion of any of the following environ-
   13  mental  infrastructure  projects  and  for the provision of funds to the
   14  state for any amounts disbursed therefor: (a) projects authorized  under
   15  the  environmental protection fund, or for which appropriations are made
   16  to the environmental protection  fund  including,  but  not  limited  to
   17  municipal   parks   and  historic  preservation,  stewardship,  farmland
   18  protection, non-point source, pollution control, Hudson River Park, land
   19  acquisition, and waterfront revitalization; (b) department  of  environ-
   20  mental conservation capital appropriations for Onondaga Lake for certain
   21  water  quality  improvement  projects in the same manner as set forth in
   22  paragraph (d) of subdivision one of section 56-0303 of the environmental
   23  conservation law; (c) for the purpose of the administration, management,
   24  maintenance, and use of the real property at the western New York nucle-
   25  ar service center; and  (d)  department  of  environmental  conservation
   26  capital  appropriations  for  the  administration,  design, acquisition,
   27  construction, improvement, installation, and related work on  department
   28  of environmental conservation environmental infrastructure projects; and
   29  (e) office of parks, recreation and historic preservation appropriations
   30  or reappropriations from the state parks infrastructure fund[,]; AND (F)
   31  CAPITAL GRANTS FOR THE CLEANER, GREENER COMMUNITIES PROGRAM the director
   32  of  the  division  of  budget and the corporation are each authorized to
   33  enter into one or more service contracts, none  of  which  shall  exceed
   34  twenty years in duration, upon such terms and conditions as the director
   35  and  the  corporation may agree, so as to annually provide to the corpo-
   36  ration in the aggregate, a sum not to exceed  the  annual  debt  service
   37  payments  and  related expenses required for any bonds and notes author-
   38  ized pursuant to section  twelve  hundred  ninety  of  this  title.  Any
   39  service  contract  entered  into  pursuant to this section shall provide
   40  that the obligation of the state to fund or to pay the  amounts  therein
   41  provided for shall not constitute a debt of the state within the meaning
   42  of  any constitutional or statutory provision and shall be deemed execu-
   43  tory only to the extent of moneys available for such  purposes,  subject
   44  to annual appropriation by the legislature. Any such service contract or
   45  any  payments  made or to be made thereunder may be assigned and pledged
   46  by the corporation as security for its bonds and  notes,  as  authorized
   47  pursuant to section twelve hundred ninety of this title.
   48    3.  The  maximum amount of bonds that may be issued for the purpose of
   49  financing  environmental  infrastructure  projects  authorized  by  this
   50  section  shall  be  one  billion  [one  hundred  eighteen]  TWO  HUNDRED
   51  SIXTY-FIVE million seven hundred sixty thousand  dollars,  exclusive  of
   52  bonds  issued to fund any debt service reserve funds, pay costs of issu-
   53  ance of such bonds, and bonds or notes issued  to  refund  or  otherwise
   54  repay  bonds  or  notes  previously  issued. Such bonds and notes of the
   55  corporation shall not be a debt of the state, and the state shall not be
   56  liable thereon, nor shall they be payable out of any  funds  other  than
       S. 2605--A                         75                         A. 3005--A
    1  those  appropriated by the state to the corporation for debt service and
    2  related expenses pursuant to any service contracts executed pursuant  to
    3  subdivision  one of this section, and such bonds and notes shall contain
    4  on the face thereof a statement to such effect.
    5    S 56. The state finance law is amended by adding a new section 92-h to
    6  read as follows:
    7    S  92-H.  SALES  TAX  REVENUE BOND TAX FUND. 1. THERE IS HEREBY ESTAB-
    8  LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
    9  ER OF TAXATION AND FINANCE A FUND WITHIN THE GENERAL DEBT  SERVICE  FUND
   10  TO BE KNOWN AS THE "SALES TAX REVENUE BOND TAX FUND".
   11    2.  SUCH  FUND SHALL CONSIST OF THE AMOUNT OF REVENUE COLLECTED WITHIN
   12  THE STATE FROM THE IMPOSITION OF THE SALES AND  COMPENSATING  USE  TAXES
   13  (INCLUDING  INTEREST  AND  PENALTIES) PURSUANT TO SECTION ELEVEN HUNDRED
   14  FIVE AND SECTION ELEVEN HUNDRED TEN OF THE TAX LAW EQUAL TO  THE  AMOUNT
   15  ATTRIBUTABLE TO A ONE PERCENT RATE OF TAXATION, LESS SUCH AMOUNTS AS THE
   16  COMMISSIONER  OF  TAXATION AND FINANCE MAY DETERMINE TO BE NECESSARY FOR
   17  REFUNDS. SUCH SALES AND COMPENSATING USE TAX REVENUES SHALL BE  SEPARATE
   18  AND  DISTINCT FROM THE SALES AND COMPENSATING USE TAX REVENUES DEPOSITED
   19  FROM TIME TO TIME IN THE LOCAL GOVERNMENT ASSISTANCE TAX FUND,  PURSUANT
   20  TO SECTION NINETY-TWO-R OF THIS ARTICLE.  ON AND AFTER THE DATE THAT ALL
   21  OF  THE  OBLIGATIONS  AND  LIABILITIES  OF THE NEW YORK LOCAL GOVERNMENT
   22  ASSISTANCE CORPORATION SHALL HAVE BEEN MET OR OTHERWISE  DISCHARGED,  IT
   23  SHALL  EQUAL  THE AMOUNT ATTRIBUTABLE TO A TWO PERCENT RATE OF TAXATION,
   24  LESS SUCH AMOUNTS AS THE COMMISSIONER OF TAXATION AND FINANCE MAY DETER-
   25  MINE TO BE NECESSARY FOR REFUNDS.
   26    3. ON OR BEFORE THE TWELFTH DAY OF EACH  MONTH,  THE  COMMISSIONER  OF
   27  TAXATION  AND FINANCE SHALL CERTIFY TO THE STATE COMPTROLLER THE AMOUNTS
   28  SPECIFIED IN SUBDIVISION TWO OF THIS SECTION RELATING TO  THE  PRECEDING
   29  MONTH  AND, IN ADDITION, NO LATER THAN MARCH THIRTY-FIRST OF EACH FISCAL
   30  YEAR THE COMMISSIONER OF TAXATION AND FINANCE SHALL CERTIFY SUCH AMOUNTS
   31  RELATING TO THE LAST MONTH OF SUCH FISCAL YEAR. THE AMOUNTS SO CERTIFIED
   32  SHALL BE DEPOSITED BY THE STATE COMPTROLLER IN  THE  SALES  TAX  REVENUE
   33  BOND TAX FUND.
   34    4.  MONEYS  IN THE SALES TAX REVENUE BOND TAX FUND SHALL BE KEPT SEPA-
   35  RATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF
   36  THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE.  ALL
   37  DEPOSITS  OF  SUCH REVENUES SHALL, IF REQUIRED BY THE STATE COMPTROLLER,
   38  BE SECURED BY OBLIGATIONS OF THE UNITED STATES OR OF THE STATE HAVING  A
   39  MARKET  VALUE  EQUAL AT ALL TIMES TO THE AMOUNT OF SUCH DEPOSITS AND ALL
   40  BANKS AND TRUST COMPANIES ARE  AUTHORIZED  TO  GIVE  SECURITY  FOR  SUCH
   41  DEPOSITS.  ANY  SUCH  MONEYS  IN SUCH FUND MAY, IN THE DISCRETION OF THE
   42  STATE COMPTROLLER, BE INVESTED IN OBLIGATIONS IN WHICH THE  STATE  COMP-
   43  TROLLER  IS  AUTHORIZED  TO INVEST PURSUANT TO SECTION NINETY-EIGHT-A OF
   44  THIS ARTICLE.
   45    5. (A) THE STATE COMPTROLLER SHALL FROM TIME TO TIME, BUT IN NO  EVENT
   46  LATER  THAN  THE  FIFTEENTH DAY OF EACH MONTH (OTHER THAN THE LAST MONTH
   47  OF THE FISCAL YEAR) AND NO LATER THAN THE THIRTY-FIRST DAY OF  THE  LAST
   48  MONTH  OF EACH FISCAL YEAR, PAY OVER AND DISTRIBUTE TO THE CREDIT OF THE
   49  GENERAL FUND OF THE STATE TREASURY ALL MONEYS IN THE SALES  TAX  REVENUE
   50  BOND  TAX FUND, IF ANY, IN EXCESS OF THE AGGREGATE AMOUNT REQUIRED TO BE
   51  SET ASIDE FOR THE PAYMENT OF CASH REQUIREMENTS PURSUANT TO PARAGRAPH (B)
   52  OF THIS SUBDIVISION, PROVIDED THAT AN APPROPRIATION HAS BEEN MADE TO PAY
   53  ALL AMOUNTS SPECIFIED IN ANY CERTIFICATE OR  CERTIFICATES  DELIVERED  BY
   54  THE DIRECTOR OF THE BUDGET PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION
   55  AS  BEING  REQUIRED  BY ANY AUTHORIZED ISSUER AS SUCH TERM IS DEFINED IN
   56  SECTION SIXTY-NINE-M OF THIS CHAPTER FOR THE PAYMENT  OF  CASH  REQUIRE-
       S. 2605--A                         76                         A. 3005--A
    1  MENTS  OF  SUCH AUTHORIZED ISSUERS FOR SUCH FISCAL YEAR.  SUBJECT TO THE
    2  RIGHTS OF HOLDERS OF DEBT OF THE STATE, IN  NO  EVENT  SHALL  THE  STATE
    3  COMPTROLLER  PAY  OVER AND DISTRIBUTE ANY MONEYS ON DEPOSIT IN THE SALES
    4  TAX  REVENUE BOND TAX FUND TO ANY PERSON OTHER THAN AN AUTHORIZED ISSUER
    5  PURSUANT TO SUCH CERTIFICATE OR CERTIFICATES (I) UNLESS  AND  UNTIL  THE
    6  AGGREGATE OF ALL CASH REQUIREMENTS CERTIFIED TO THE STATE COMPTROLLER AS
    7  REQUIRED  BY  SUCH  AUTHORIZED ISSUERS TO BE SET ASIDE PURSUANT TO PARA-
    8  GRAPH (B) OF THIS SUBDIVISION FOR  SUCH  FISCAL  YEAR  SHALL  HAVE  BEEN
    9  APPROPRIATED  TO SUCH AUTHORIZED ISSUERS IN ACCORDANCE WITH THE SCHEDULE
   10  SPECIFIED IN THE CERTIFICATE OR CERTIFICATES FILED BY  THE  DIRECTOR  OF
   11  THE  BUDGET OR (II) IF, AFTER HAVING BEEN SO CERTIFIED AND APPROPRIATED,
   12  ANY PAYMENT REQUIRED TO BE MADE PURSUANT TO PARAGRAPH (B) OF THIS SUBDI-
   13  VISION HAS NOT BEEN MADE TO THE  AUTHORIZED  ISSUERS  PURSUANT  TO  SUCH
   14  CERTIFICATE  OR CERTIFICATES; PROVIDED, HOWEVER, THAT NO PERSON, INCLUD-
   15  ING SUCH AUTHORIZED ISSUERS OR THE HOLDERS OF REVENUE BONDS, SHALL  HAVE
   16  ANY  LIEN  ON  MONEYS ON DEPOSIT IN THE SALES TAX REVENUE BOND TAX FUND.
   17  ANY AGREEMENT ENTERED INTO PURSUANT  TO  SECTION  SIXTY-NINE-O  OF  THIS
   18  CHAPTER  RELATED  TO  ANY  PAYMENT  AUTHORIZED  BY THIS SECTION SHALL BE
   19  EXECUTORY ONLY TO THE EXTENT OF SUCH REVENUES AVAILABLE TO THE STATE  IN
   20  SUCH  FUND.  NOTWITHSTANDING SUBDIVISIONS TWO AND THREE OF THIS SECTION,
   21  IN THE EVENT THE AGGREGATE OF ALL CASH  REQUIREMENTS  CERTIFIED  TO  THE
   22  STATE COMPTROLLER AS REQUIRED BY SUCH AUTHORIZED ISSUERS TO BE SET ASIDE
   23  PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION FOR THE FISCAL YEAR BEGIN-
   24  NING  ON APRIL FIRST SHALL NOT HAVE BEEN APPROPRIATED TO SUCH AUTHORIZED
   25  ISSUERS IN ACCORDANCE WITH THE SCHEDULE SPECIFIED IN THE CERTIFICATE  OR
   26  CERTIFICATES  FILED BY THE DIRECTOR OF THE BUDGET OR, IF, HAVING BEEN SO
   27  CERTIFIED AND APPROPRIATED, ANY PAYMENT REQUIRED TO BE MADE PURSUANT  TO
   28  PARAGRAPH  (B)  OF  THIS  SUBDIVISION HAS NOT BEEN MADE PURSUANT TO SUCH
   29  CERTIFICATE OR CERTIFICATES, ALL RECEIPTS COLLECTED AND DEPOSITED IN THE
   30  SALES TAX REVENUE BOND TAX FUND SHALL REMAIN IN SUCH FUND. NOTWITHSTAND-
   31  ING ANY OTHER PROVISION OF LAW, IF THE STATE HAS APPROPRIATED  AND  PAID
   32  TO  THE  AUTHORIZED  ISSUERS  ALL  AMOUNTS  NECESSARY FOR THE AUTHORIZED
   33  ISSUERS TO MEET THEIR CASH REQUIREMENTS  FOR  THE  CURRENT  FISCAL  YEAR
   34  PURSUANT TO THE CERTIFICATE OR CERTIFICATES SUBMITTED BY THE DIRECTOR OF
   35  THE  BUDGET  PURSUANT  TO PARAGRAPH (B) OF THIS SECTION, THE STATE COMP-
   36  TROLLER SHALL, ON THE LAST DAY OF EACH FISCAL YEAR, PAY TO  THE  GENERAL
   37  FUND  OF  THE STATE ALL SUMS REMAINING IN THE SALES TAX REVENUE BOND TAX
   38  FUND ON SUCH DATE EXCEPT SUCH AMOUNTS AS THE DIRECTOR OF THE BUDGET  MAY
   39  CERTIFY  ARE  NEEDED TO MEET THE CASH REQUIREMENTS OF AUTHORIZED ISSUERS
   40  DURING THE SUBSEQUENT FISCAL YEAR.
   41    (B) NO LATER THAN THIRTY DAYS AFTER THE SUBMISSION  OF  THE  EXECUTIVE
   42  BUDGET  IN ACCORDANCE WITH ARTICLE SEVEN OF THE CONSTITUTION, THE DIREC-
   43  TOR OF THE BUDGET SHALL PREPARE A CERTIFICATE OF THE AMOUNT  OF  MONTHLY
   44  RECEIPTS ANTICIPATED TO BE DEPOSITED PURSUANT TO SUBDIVISION TWO OF THIS
   45  SECTION  DURING  THE  FISCAL  YEAR  BEGINNING  APRIL  FIRST OF THAT YEAR
   46  TOGETHER WITH THE MONTHLY AMOUNTS NECESSARY TO BE  SET  ASIDE  FROM  THE
   47  RECEIPTS  OF  SUCH  FUND,  AS SHALL BE SUFFICIENT TO MEET THE TOTAL CASH
   48  REQUIREMENTS OF AUTHORIZED ISSUERS, AS DEFINED BY  SECTION  SIXTY-NINE-M
   49  OF THIS CHAPTER DURING SUCH FISCAL YEAR, BASED ON INFORMATION THAT SHALL
   50  BE PROVIDED BY SUCH AUTHORIZED ISSUERS, CONSISTENT WITH THE TERMS OF ANY
   51  CONTRACT WITH OUTSTANDING BONDHOLDERS. EXCEPT FOR THE PURPOSE OF MEETING
   52  CASH  REQUIREMENTS  OF AN AUTHORIZED ISSUER THAT ARE DUE ON A MONTHLY OR
   53  MORE FREQUENT BASIS, PRIOR TO TRANSFERRING ANY MONEYS FROM  THE  ACCOUNT
   54  PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE COMPTROLLER SHALL SET
   55  ASIDE  ON A MONTHLY BASIS ALL REVENUES DEPOSITED PURSUANT TO THIS SUBDI-
   56  VISION AS RECEIVED UNTIL THE AMOUNT SET ASIDE IS EQUAL TO  ONE-FIFTH  OF
       S. 2605--A                         77                         A. 3005--A
    1  THE  INTEREST  DUE  ON  SUCH OBLIGATIONS ON THE NEXT SUCCEEDING INTEREST
    2  PAYMENT DATE MULTIPLIED BY THE NUMBER  OF  MONTHS  FROM  THE  LAST  SUCH
    3  PAYMENT  AND  ONE-ELEVENTH OF THE NEXT PRINCIPAL INSTALLMENT DUE ON SUCH
    4  OBLIGATIONS  MULTIPLIED BY THE NUMBER OF MONTHS FROM THE LAST SUCH PRIN-
    5  CIPAL INSTALLMENT WHERE PRINCIPAL IS DUE ON AN ANNUAL BASIS OR ONE-FIFTH
    6  OF THE NEXT PRINCIPAL INSTALLMENT DUE ON SUCH OBLIGATIONS MULTIPLIED  BY
    7  THE  NUMBER  OF  MONTHS  FROM  THE LAST SUCH PRINCIPAL INSTALLMENT WHERE
    8  PRINCIPAL IS DUE ON A SEMIANNUAL BASIS. FOR THE PURPOSE OF MEETING  CASH
    9  REQUIREMENTS  OF AN AUTHORIZED ISSUER THAT ARE DUE ON A MONTHLY BASIS OR
   10  MORE FREQUENTLY, THE COMPTROLLER SHALL SET ASIDE ALL REVENUES  DEPOSITED
   11  PURSUANT TO SUBDIVISION TWO OF THIS SECTION AS RECEIVED UNTIL THE AMOUNT
   12  SO SET ASIDE IS, IN THE REASONABLE JUDGMENT OF THE DIRECTOR OF THE BUDG-
   13  ET  AS  SET  FORTH  IN SUCH CERTIFICATE, SUFFICIENT TO MAKE THE REQUIRED
   14  PAYMENT ON OR BEFORE  SUCH  PAYMENT  DATE.  NOTWITHSTANDING  SUBDIVISION
   15  THREE  OF, SECTION SEVENTY-TWO OF THIS ARTICLE OR ANY OTHER PROVISION OF
   16  LAW, ALL MONEYS SET ASIDE IN THE SALES TAX REVENUE BOND TAX FUND TO MEET
   17  THE ANNUAL CASH REQUIREMENTS OF AUTHORIZED ISSUERS PURSUANT TO A CERTIF-
   18  ICATE OR CERTIFICATES AS REQUIRED IN THIS PARAGRAPH SHALL REMAIN IN  THE
   19  SALES  TAX  REVENUE BOND TAX FUND UNTIL NEEDED FOR PAYMENT TO AUTHORIZED
   20  ISSUERS, AS PROVIDED IN THIS SECTION. IN THE EVENT THAT THE  AMOUNT  SET
   21  ASIDE  BY THE STATE COMPTROLLER PURSUANT TO THIS PARAGRAPH IS NOT SUFFI-
   22  CIENT TO MEET THE CASH REQUIREMENTS REQUIRED PURSUANT TO  A  CERTIFICATE
   23  OR CERTIFICATES SUBMITTED BY THE DIRECTOR OF THE BUDGET, THE STATE COMP-
   24  TROLLER  SHALL  IMMEDIATELY  TRANSFER FROM THE GENERAL FUND TO THE SALES
   25  TAX REVENUE BOND TAX FUND AN AMOUNT WHICH, WHEN COMBINED WITH THE AMOUNT
   26  SET ASIDE PURSUANT TO THIS PARAGRAPH, SHALL BE SUFFICIENT  TO  MEET  THE
   27  PAYMENT  REQUIRED  PURSUANT  TO  SUCH  CERTIFICATE  OR CERTIFICATES. THE
   28  DIRECTOR OF THE BUDGET MAY REVISE SUCH CERTIFICATION AT  SUCH  TIMES  AS
   29  SHALL  BE  NECESSARY, PROVIDED, HOWEVER, THAT THE DIRECTOR OF THE BUDGET
   30  SHALL, AS NECESSARY, REVISE SUCH CERTIFICATION  NOT  LATER  THAN  THIRTY
   31  DAYS AFTER THE ISSUANCE OF ANY REVENUE BONDS, INCLUDING REFUNDING BONDS,
   32  AND  AFTER THE ADOPTION OF ANY INTEREST RATE EXCHANGE OR OTHER FINANCIAL
   33  ARRANGEMENT AFFECTING THE CASH REQUIREMENTS  OF THE AUTHORIZED  ISSUERS.
   34  IN  NO EVENT SHALL THE STATE COMPTROLLER BE  HELD LIABLE FOR THE FAILURE
   35  TO SET ASIDE AN AMOUNT SUFFICIENT TO PAY  ANY  REQUIRED  PAYMENT  OF  AN
   36  AUTHORIZED ISSUER.
   37    6. ALL PAYMENTS OF MONEYS FROM THE REVENUE BOND TAX FUND SHALL BE MADE
   38  ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER.
   39    S 57. Section 1148 of the tax law, as amended by chapter 3 of the laws
   40  of 2004, is amended to read as follows:
   41    S  1148.  Deposit  and disposition of revenue. All taxes, interest and
   42  penalties collected or received by the commissioner under  this  article
   43  shall be deposited and disposed of pursuant to the provisions of section
   44  one  hundred  seventy-one-a of this chapter; provided however, the comp-
   45  troller shall on or before the twelfth day of each month, pay  all  such
   46  taxes, interest and penalties collected under this article and remaining
   47  to  the  comptroller's  credit  in  such  banks, banking houses or trust
   48  companies at the close of business on the  last  day  of  the  preceding
   49  month,  into the general fund of the state treasury, except as otherwise
   50  provided in sections ninety-two-d, NINETY-TWO-H, and ninety-two-r of the
   51  state finance law and sections eleven hundred two, eleven  hundred  four
   52  and eleven hundred nine of this article.
   53    S  58. The state finance law is amended by adding a new article 5-F to
   54  read as follows:
   55                                 ARTICLE 5-F
   56                  SALES TAX REVENUE BOND FINANCING PROGRAM
       S. 2605--A                         78                         A. 3005--A
    1  SECTION 69-M. DEFINITIONS.
    2          69-N. ISSUANCE OF BONDS AND NOTES.
    3          69-O. PAYMENTS TO AUTHORIZED ISSUERS.
    4    S  69-M.  DEFINITIONS. 1. "AUTHORIZED ISSUER" SHALL MEAN THE DORMITORY
    5  AUTHORITY OF THE STATE OF NEW YORK, THE NEW YORK STATE URBAN DEVELOPMENT
    6  CORPORATION, THE NEW YORK STATE THRUWAY AUTHORITY,  AND  ANY  SUCCESSORS
    7  THERETO.
    8    2. "AUTHORIZED PURPOSE" FOR PURPOSES OF THIS ARTICLE AND SECTION NINE-
    9  TY-TWO-H  OF  THIS  CHAPTER SHALL MEAN ANY PURPOSES FOR WHICH STATE-SUP-
   10  PORTED DEBT, AS DEFINED BY SECTION SIXTY-SEVEN-A OF THIS CHAPTER, MAY OR
   11  HAS BEEN ISSUED, EXCEPT DEBT FOR WHICH  THE  STATE  IS  CONSTITUTIONALLY
   12  OBLIGATED THEREUNDER TO PAY DEBT SERVICE AND RELATED EXPENSES.
   13    3.  "REVENUE BONDS" FOR THE PURPOSES OF THIS ARTICLE AND SECTION NINE-
   14  TY-TWO-H OF THIS CHAPTER SHALL MEAN  ANY  BONDS,  NOTES  OR  OBLIGATIONS
   15  ISSUED OR INCURRED PURSUANT TO SECTION SIXTY-NINE-N OF THIS ARTICLE.
   16    S  69-N. ISSUANCE OF BONDS AND NOTES.  1. (A) AUTHORIZED ISSUERS SHALL
   17  HAVE THE POWER AND ARE HEREBY AUTHORIZED FROM  TIME  TO  TIME  TO  ISSUE
   18  REVENUE  BONDS, IN SUCH PRINCIPAL AMOUNT OR AMOUNTS, SUBJECT TO SUBDIVI-
   19  SION EIGHT OF THIS SECTION AND AS  THE  DIRECTOR  OF  THE  BUDGET  SHALL
   20  DETERMINE  TO  BE  NECESSARY, TO PROVIDE SUFFICIENT FUNDS FOR AUTHORIZED
   21  PURPOSES, THE ESTABLISHMENT OF RESERVES TO SECURE  SUCH  REVENUE  BONDS,
   22  THE PAYMENT OF AMOUNTS REQUIRED UNDER REVENUE BONDS OR AGREEMENTS RELAT-
   23  ING  THERETO,  AND THE PAYMENT OF ALL COSTS OF ISSUANCE OF THEIR REVENUE
   24  BONDS.
   25    (B) THE AUTHORIZED ISSUERS SHALL HAVE THE POWER AND ARE HEREBY AUTHOR-
   26  IZED FROM TIME TO TIME TO ISSUE (I) REVENUE BONDS TO RENEW  NOTES,  (II)
   27  REVENUE  BONDS TO PAY NOTES, AND (III) WHENEVER IT DEEMS REFUNDING EXPE-
   28  DIENT, TO REFUND ANY BONDS, NOTES OR OTHER  OBLIGATIONS  ISSUED  FOR  AN
   29  AUTHORIZED  PURPOSE  OR  PURPOSES, INCLUDING BONDS, NOTES OR OTHER OBLI-
   30  GATIONS THAT WERE ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE, BY
   31  THE ISSUANCE OF NEW REVENUE BONDS, WHETHER THE BONDS,  NOTES,  OR  OTHER
   32  OBLIGATIONS TO BE REFUNDED HAVE OR HAVE NOT MATURED, AND TO ISSUE REVEN-
   33  UE  BONDS  IN  PART  TO  REFUND  BONDS, NOTES, OR OTHER OBLIGATIONS THEN
   34  OUTSTANDING AND IN PART FOR ANY OF ITS OTHER  AUTHORIZED  PURPOSES.  THE
   35  REFUNDING  REVENUE  BONDS  MAY  BE  EXCHANGED FOR BONDS, NOTES, OR OTHER
   36  OBLIGATIONS TO BE REFUNDED, OR SOLD AND  THE  PROCEEDS  APPLIED  TO  THE
   37  PURCHASE,  REDEMPTION  OR  PAYMENT  OF SUCH BONDS, NOTES, OR OTHER OBLI-
   38  GATIONS.
   39    (C) EXCEPT AS MAY OTHERWISE BE EXPRESSLY  PROVIDED  BY  AN  AUTHORIZED
   40  ISSUER, EVERY ISSUE OF REVENUE BONDS OF AN AUTHORIZED ISSUER PURSUANT TO
   41  THIS SECTION SHALL BE SPECIAL OBLIGATIONS OF THE AUTHORIZED ISSUER PAYA-
   42  BLE  SOLELY OUT OF ANY REVENUES PAID OVER TO SUCH AUTHORIZED ISSUER FROM
   43  THE SALES TAX REVENUE BOND TAX FUND, ESTABLISHED PURSUANT    TO  SECTION
   44  NINETY-TWO-H OF THIS CHAPTER.
   45    (D)  ALL  OF  THE  PROVISIONS  OF  THE ENABLING ACTS OF THE AUTHORIZED
   46  ISSUERS RELATING TO BONDS AND NOTES, WHICH ARE NOT INCONSISTENT WITH THE
   47  PROVISIONS OF THIS SECTION, MAY, AT THE DISCRETION OF  THE    AUTHORIZED
   48  ISSUER, APPLY TO REVENUE BONDS AUTHORIZED BY THIS SECTION.
   49    (E)  THE  REVENUE  BONDS  OF THE AUTHORIZED ISSUERS AUTHORIZED BY THIS
   50  SECTION SHALL NOT BE A DEBT OF THE STATE AND  THE  STATE  SHALL  NOT  BE
   51  LIABLE  THEREON,  NOR  SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN
   52  THOSE OF THE AUTHORIZED ISSUERS PLEDGED THEREFOR; AND SUCH REVENUE BONDS
   53  SHALL CONTAIN ON THE FACE THEREOF A STATEMENT TO SUCH EFFECT.  IN  ADDI-
   54  TION,  ANY  AGREEMENTS  ENTERED  INTO BY ANY ENTITY PURSUANT TO SECTIONS
   55  SIXTY-NINE-O AND NINETY-TWO-H OF THIS CHAPTER ON BEHALF OF THE STATE  TO
   56  EFFECT  THE IMPLEMENTATION OF ANY OF THE ACTIVITIES FINANCED IN WHOLE OR
       S. 2605--A                         79                         A. 3005--A
    1  IN PART WITH PROCEEDS OF THE REVENUE BONDS OF  THE  AUTHORIZED  ISSUERS,
    2  AUTHORIZED  IN  THIS  SECTION  DO NOT CONSTITUTE OR CREATE A DEBT OF THE
    3  STATE, NOR A CONTRACTUAL OBLIGATION IN EXCESS OF THE  AMOUNTS  APPROPRI-
    4  ATED THEREFOR, AND THE STATE HAS NO CONTINUING LEGAL OR MORAL OBLIGATION
    5  TO APPROPRIATE MONEY FOR PAYMENTS DUE UNDER ANY SUCH AGREEMENT.
    6    (F) (I) REVENUE BONDS SHALL BE AUTHORIZED BY RESOLUTION OF THE AUTHOR-
    7  IZED  ISSUERS,  BE  IN  SUCH  DENOMINATIONS, BEAR SUCH DATE OR DATES AND
    8  MATURE AT SUCH TIME OR TIMES, AS SUCH RESOLUTION OR OTHER AGREEMENT  MAY
    9  PROVIDE.
   10    (II)  REVENUE BONDS SHALL BE SUBJECT TO SUCH TERMS OF REDEMPTION, BEAR
   11  INTEREST AT SUCH RATE OR RATES, BE PAYABLE AT SUCH  TIMES,  BE  IN  SUCH
   12  FORM, EITHER COUPON, REGISTERED OR BOOK ENTRY FORM, CARRY SUCH REGISTRA-
   13  TION  PRIVILEGES,  BE EXECUTED IN SUCH MANNER, BE PAYABLE IN SUCH MEDIUM
   14  OF PAYMENT AT SUCH PLACE OR PLACES, AND BE SUBJECT  TO  SUCH  TERMS  AND
   15  CONDITIONS AS SUCH RESOLUTION MAY PROVIDE.
   16    (G)  REVENUE  BONDS  AUTHORIZED  HEREUNDER SHALL BE SOLD BY AUTHORIZED
   17  ISSUERS, AT PUBLIC OR PRIVATE SALE, AT  SUCH  PRICE  OR  PRICES  AS  THE
   18  AUTHORIZED  ISSUERS  MAY  DETERMINE.  REVENUE  BONDS  OF  THE AUTHORIZED
   19  ISSUERS SHALL NOT BE SOLD BY THE AUTHORIZED  ISSUERS  AT  PRIVATE  SALES
   20  UNLESS  SUCH  SALE AND THE TERMS THEREOF HAVE BEEN APPROVED BY THE STATE
   21  COMPTROLLER.
   22    2. CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE, AND SUBJECT TO  THE
   23  APPROVAL  OF  THE DIRECTOR OF THE BUDGET, ANY RESOLUTION OR OTHER AGREE-
   24  MENT  AUTHORIZING  REVENUE  BONDS  OR  ANY  ISSUE  THEREOF  MAY  CONTAIN
   25  PROVISIONS, WHICH SHALL BE A PART OF THE CONTRACT WITH THE HOLDERS THER-
   26  EOF, AS TO:
   27    (A)  PLEDGING  ALL OR ANY PART OF THE REVENUES RECEIVED BY THE AUTHOR-
   28  IZED ISSUERS PURSUANT TO SECTION SIXTY-NINE-O OF THIS ARTICLE TO  SECURE
   29  THE  PAYMENT  OF  THE BONDS OR NOTES OR OF ANY ISSUE THEREOF, SUBJECT TO
   30  SUCH AGREEMENTS WITH HOLDERS OF REVENUE BONDS AS MAY THEN EXIST;
   31    (B) PLEDGING ALL OR ANY PART OF THE ASSETS OF THE  AUTHORIZED  ISSUERS
   32  TO  SECURE  THE  PAYMENT OF THE REVENUE BONDS OR OF ANY ISSUE OF REVENUE
   33  BONDS SUBJECT TO SUCH AGREEMENTS WITH HOLDERS OF REVENUE  BONDS  AS  MAY
   34  THEN EXIST;
   35    (C)  THE SETTING ASIDE OF RESERVES OR SINKING FUNDS AND THE REGULATION
   36  AND DISPOSITION THEREOF;
   37    (D) LIMITATIONS ON THE PURPOSES TO  WHICH  THE  PROCEEDS  OF  SALE  OF
   38  REVENUE  BONDS,  MAY BE APPLIED AND PLEDGING SUCH PROCEEDS TO SECURE THE
   39  PAYMENT OF THE REVENUE BONDS OR OF ANY ISSUE THEREOF;
   40    (E) LIMITATIONS ON THE ISSUANCE OF ADDITIONAL REVENUE BONDS, THE TERMS
   41  UPON WHICH ADDITIONAL REVENUE BONDS MAY BE ISSUED AND  SECURED  AND  THE
   42  REFUNDING OF OUTSTANDING OR OTHER REVENUE BONDS;
   43    (F)  THE  PROCEDURE,  IF  ANY, BY WHICH THE TERMS OF ANY CONTRACT WITH
   44  HOLDERS OF REVENUE BONDS MAY BE AMENDED  OR  ABROGATED,  THE  AMOUNT  OF
   45  REVENUE  BONDS  THE HOLDERS OF WHICH MUST CONSENT THERETO AND THE MANNER
   46  IN WHICH SUCH CONSENT MAY BE GIVEN;
   47    (G) VESTING IN A TRUSTEE, AS DESCRIBED  IN  SUBDIVISION  SIX  OF  THIS
   48  SECTION,  SUCH  PROPERTY,  RIGHTS,  POWERS  AND  DUTIES  IN TRUST AS THE
   49  AUTHORIZED ISSUERS MAY DETERMINE, WHICH MAY INCLUDE ANY OR  ALL  OF  THE
   50  RIGHTS,  POWERS  AND  DUTIES  OF THE TRUSTEE APPOINTED BY THE HOLDERS OF
   51  REVENUE BONDS OF THE RESPECTIVE  AUTHORIZED  ISSUERS  PURSUANT  TO  THIS
   52  ARTICLE, AND LIMITING OR ABROGATING THE RIGHT OF SUCH REVENUE BOND HOLD-
   53  ERS  TO  APPOINT  A  TRUSTEE  UNDER  THIS  TITLE OR LIMITING THE RIGHTS,
   54  POWERS, AND DUTIES OF SUCH TRUSTEE;
   55    (H) THE ACTS OR OMISSIONS TO ACT WHICH SHALL CONSTITUTE A  DEFAULT  IN
   56  THE  OBLIGATIONS  AND DUTIES OF THE AUTHORIZED ISSUERS TO THE HOLDERS OF
       S. 2605--A                         80                         A. 3005--A
    1  THE REVENUE BONDS AND PROVIDING FOR THE RIGHTS AND REMEDIES OF THE HOLD-
    2  ERS OF THE REVENUE BONDS IN EVENT OF SUCH DEFAULT, INCLUDING  THE  RIGHT
    3  TO  APPOINTMENT  OF  A RECEIVER; PROVIDED, HOWEVER, THAT SUCH RIGHTS AND
    4  REMEDIES  SHALL  NOT  BE  INCONSISTENT WITH THE OTHER PROVISIONS OF THIS
    5  ARTICLE;
    6    (I) ANY OTHER MATTERS, OF LIKE OR DIFFERENT CHARACTER,  WHICH  IN  ANY
    7  WAY  AFFECT  THE  SECURITY  OR  PROTECTION OF THE HOLDERS OF THE REVENUE
    8  BONDS; AND
    9    (J) THE APPLICATION OF ANY OF THE FOREGOING PROVISIONS TO ANY PROVIDER
   10  OF ANY APPLICABLE BOND, NOTE OR OTHER FINANCIAL FACILITY.
   11    NOTWITHSTANDING THE FOREGOING, THE AUTHORIZED  ISSUERS  SHALL  NOT  BE
   12  AUTHORIZED  TO MAKE ANY COVENANT, PLEDGE, PROMISE, OR AGREEMENT PURPORT-
   13  ING TO BIND THE STATE EXCEPT AS  OTHERWISE  SPECIFICALLY  AUTHORIZED  BY
   14  THIS ARTICLE.
   15    3. ANY PLEDGE MADE BY THE RESPECTIVE AUTHORIZED ISSUERS SHALL BE VALID
   16  AND BINDING FROM THE TIME WHEN THE PLEDGE IS MADE. THE REVENUES OR PROP-
   17  ERTY  SO  PLEDGED  AND  THEREAFTER RECEIVED BY THE RESPECTIVE AUTHORIZED
   18  ISSUERS SHALL IMMEDIATELY BE SUBJECT TO THE LIEN OF SUCH PLEDGE  WITHOUT
   19  ANY  PHYSICAL  DELIVERY THEREOF OR FURTHER ACT, AND THE LIEN OF ANY SUCH
   20  PLEDGE SHALL BE VALID AND BINDING AS AGAINST ALL PARTIES  HAVING  CLAIMS
   21  OF  ANY  KIND  IN  TORT,  CONTRACT OR OTHERWISE   AGAINST THE RESPECTIVE
   22  AUTHORIZED ISSUERS, IRRESPECTIVE OF WHETHER  SUCH  PARTIES  HAVE  NOTICE
   23  THEREOF.  NEITHER  THE  RESOLUTION  NOR  ANY OTHER INSTRUMENT BY WHICH A
   24  PLEDGE IS CREATED NEED BE RECORDED OR FILED TO PROTECT SUCH PLEDGE.
   25    4. NEITHER THE DIRECTORS OR MEMBERS OF THE AUTHORIZED ISSUERS NOR  ANY
   26  OTHER PERSON EXECUTING THE REVENUE BONDS OF THE AUTHORIZED ISSUERS SHALL
   27  BE  LIABLE PERSONALLY THEREON OR BE SUBJECT TO ANY PERSONAL LIABILITY OR
   28  ACCOUNTABILITY SOLELY BY REASON OF THE ISSUANCE THEREOF.
   29    5. THE AUTHORIZED ISSUERS, SUBJECT TO SUCH AGREEMENTS WITH HOLDERS  OF
   30  REVENUE BONDS AS MAY THEN EXIST, OR WITH THE PROVIDERS OF ANY APPLICABLE
   31  BOND  OR NOTE OR OTHER FINANCIAL OR AGREEMENT FACILITY, SHALL HAVE POWER
   32  OUT OF ANY FUNDS AVAILABLE THEREFOR TO PURCHASE  REVENUE  BONDS  OF  THE
   33  AUTHORIZED  ISSUERS,  WHICH  MAY  OR MAY NOT THEREUPON BE CANCELED, AT A
   34  PRICE NOT EXCEEDING:
   35    (A) IF THE REVENUE BONDS ARE THEN  REDEEMABLE,  THE  REDEMPTION  PRICE
   36  THEN APPLICABLE, INCLUDING ANY ACCRUED INTEREST;
   37    (B) IF THE REVENUE BONDS ARE NOT THEN REDEEMABLE, THE REDEMPTION PRICE
   38  AND  ACCRUED  INTEREST  APPLICABLE ON THE FIRST DATE AFTER SUCH PURCHASE
   39  UPON WHICH THE REVENUE BONDS BECOME SUBJECT TO REDEMPTION.
   40    6. IN THE DISCRETION OF AUTHORIZED ISSUERS, THE REVENUE BONDS  MAY  BE
   41  SECURED BY A TRUST INDENTURE BY AND BETWEEN THE AUTHORIZED ISSUERS AND A
   42  CORPORATE  TRUSTEE,  OR  A  CORPORATE TRUSTEE MAY BE APPOINTED UNDER THE
   43  RESOLUTION AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION.
   44    7. WHETHER OR NOT THE REVENUE BONDS ARE OF SUCH FORM AND CHARACTER  AS
   45  TO  BE  NEGOTIABLE INSTRUMENTS UNDER THE TERMS OF THE UNIFORM COMMERCIAL
   46  CODE, THE REVENUE BONDS ARE HEREBY MADE  NEGOTIABLE  INSTRUMENTS  WITHIN
   47  THE  MEANING  OF  AND  FOR  ALL PURPOSES OF THE UNIFORM COMMERCIAL CODE,
   48  SUBJECT ONLY TO THE PROVISIONS OF THE REVENUE BONDS FOR REGISTRATION  OR
   49  ANY BOOK-ENTRY-ONLY SYSTEM.
   50    8.  REVENUE  BONDS  MAY  ONLY  BE  ISSUED  FOR AUTHORIZED PURPOSES, AS
   51  DEFINED IN SECTION SIXTY-NINE-M OF  THIS  ARTICLE.  NOTWITHSTANDING  THE
   52  FOREGOING, ANY AUTHORIZED ISSUER MAY ISSUE REVENUE BONDS FOR ANY AUTHOR-
   53  IZED  PURPOSE.  THE AUTHORIZED ISSUERS SHALL NOT ISSUE ANY REVENUE BONDS
   54  IN AN AMOUNT IN EXCESS OF STATUTORY AUTHORIZATIONS FOR  SUCH  AUTHORIZED
   55  PURPOSES.  AUTHORIZATIONS  FOR SUCH AUTHORIZED PURPOSES SHALL BE REDUCED
   56  IN AN AMOUNT EQUAL TO THE  AMOUNT  OF  REVENUE  BONDS  ISSUED  FOR  SUCH
       S. 2605--A                         81                         A. 3005--A
    1  AUTHORIZED PURPOSES UNDER THIS ARTICLE. SUCH REDUCTION SHALL NOT BE MADE
    2  IN  RELATION  TO REVENUE BONDS ISSUED TO FUND RESERVE FUNDS, IF ANY, AND
    3  COSTS OF ISSUANCE, IF THESE ITEMS ARE NOT COUNTED UNDER EXISTING AUTHOR-
    4  IZATIONS,  NOR  SHALL  REVENUE BONDS ISSUED TO REFUND BONDS ISSUED UNDER
    5  EXISTING AUTHORIZATIONS REDUCE THE AMOUNT OF SUCH  AUTHORIZATIONS.
    6    9. EXCEPT UPON THE AMENDMENT OF THE NEW YORK STATE CONSTITUTION ALLOW-
    7  ING THE ISSUANCE OR ASSUMPTION OF  BONDS,  NOTES  OR  OTHER  OBLIGATIONS
    8  SECURED  BY  REVENUES,  WHICH  MAY INCLUDE THE REVENUES SECURING REVENUE
    9  BONDS OF AUTHORIZED ISSUERS, AND  THE  AFFIRMATIVE  ASSUMPTION  OF  SUCH
   10  BONDS, NOTES OR OTHER OBLIGATIONS BY THE STATE, THE REVENUE BONDS OF THE
   11  AUTHORIZED ISSUERS AUTHORIZED BY THIS SECTION SHALL NOT BE A DEBT OF THE
   12  STATE AND THE STATE SHALL NOT BE LIABLE THEREON, NOR SHALL THEY BE PAYA-
   13  BLE  OUT OF ANY FUNDS OTHER THAN THOSE OF THE AUTHORIZED ISSUERS PLEDGED
   14  THEREFOR; AND SUCH REVENUE BONDS SHALL CONTAIN ON  THE  FACE  THEREOF  A
   15  STATEMENT  TO  SUCH  EFFECT. IN ADDITION, ANY AGREEMENTS ENTERED INTO BY
   16  ANY ENTITY PURSUANT TO SECTIONS SIXTY-NINE-O AND  NINETY-TWO-H  OF  THIS
   17  CHAPTER  ON  BEHALF  OF THE STATE TO EFFECT THE IMPLEMENTATION OF ANY OF
   18  THE ACTIVITIES FINANCED IN WHOLE OR IN PART WITH PROCEEDS OF  THE  OBLI-
   19  GATIONS  OF  THE  AUTHORIZED  ISSUERS  AUTHORIZED IN THIS SECTION DO NOT
   20  CONSTITUTE OR CREATE A DEBT OF THE STATE, NOR A  CONTRACTUAL  OBLIGATION
   21  IN  EXCESS  OF  THE  AMOUNTS  APPROPRIATED THEREFOR AND THE STATE HAS NO
   22  CONTINUING LEGAL OR MORAL OBLIGATION TO APPROPRIATE MONEY  FOR  PAYMENTS
   23  DUE UNDER ANY SUCH AGREEMENT.
   24    10.  NOTHING IN THIS ARTICLE SHALL AFFECT THE AUTHORITY OF EACH OF THE
   25  AUTHORIZED ISSUERS TO ISSUE  OR  INCUR  INDEBTEDNESS  FOR  ANY  PURPOSES
   26  OTHERWISE  AUTHORIZED BY LAW AND NOTHING IN THIS ARTICLE SHALL BE DEEMED
   27  TO ALTER OR AFFECT THE RIGHTS OF OUTSTANDING BONDHOLDERS OR  NOTEHOLDERS
   28  OF ANY AUTHORIZED ISSUER.
   29    11.  THE AUTHORIZATION, SALE AND ISSUANCE OF REVENUE BONDS PURSUANT TO
   30  THIS  SECTION  SHALL  NOT BE DEEMED AN ACTION AS SUCH TERM IS DEFINED IN
   31  ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW FOR THE PURPOSES  OF
   32  SUCH  ARTICLE.  SUCH EXEMPTION SHALL BE STRICTLY LIMITED IN ITS APPLICA-
   33  TION TO SUCH FINANCING ACTIVITIES OF THE  AUTHORIZED  ISSUERS  HEREUNDER
   34  AND DOES NOT EXEMPT ANY OTHER ENTITY FROM COMPLIANCE WITH  SUCH ARTICLE.
   35    S  69-O.  PAYMENTS TO AUTHORIZED ISSUERS. 1. THE STATE, ACTING THROUGH
   36  THE DIRECTOR OF THE BUDGET,  AND  AUTHORIZED  ISSUERS  MAY  ENTER  INTO,
   37  AMEND, MODIFY OR RESCIND ONE OR MORE FINANCING  AGREEMENTS PROVIDING FOR
   38  THE  SPECIFIC  MANNER,  TIMING,  AND AMOUNT OF PAYMENTS TO BE MADE UNDER
   39  THIS SECTION, BUT ONLY IN CONFORMITY WITH THIS SECTION.
   40    2. NO LATER THAN OCTOBER FIRST OF EACH  YEAR,  THE  AUTHORITY  ISSUERS
   41  SHALL  CERTIFY  TO  THE  DIRECTOR  OF  THE  BUDGET  THE ANTICIPATED CASH
   42  REQUIREMENTS RELATED TO REVENUE BONDS DURING THE SUBSEQUENT STATE FISCAL
   43  YEAR IN SUCH DETAIL AS THE DIRECTOR MAY REQUIRE.
   44    3. UPON RECEIPT OF A VOUCHER FROM  ANY  AUTHORIZED  ISSUER  REQUESTING
   45  PAYMENT  FOR  SUCH  AMOUNT  OR  AMOUNTS CERTIFIED BY THE DIRECTOR OF THE
   46  BUDGET PURSUANT TO PARAGRAPH (A) OF SUBDIVISION FIVE OF SECTION  NINETY-
   47  TWO-H  OF  THIS  CHAPTER, THE STATE COMPTROLLER SHALL PAY SUCH AMOUNT OR
   48  AMOUNTS TO BE AUTHORIZED ISSUER FROM APPROPRIATIONS FOR SUCH PURPOSE.
   49    4. THE AGREEMENT OF THE STATE  CONTAINED  IN  THIS  SECTION  SHALL  BE
   50  DEEMED  EXECUTORY  ONLY  TO  THE  EXTENT OF APPROPRIATIONS AVAILABLE FOR
   51  PAYMENTS UNDER THIS SECTION, AND NO LIABILITY ON  ACCOUNT  OF  ANY  SUCH
   52  PAYMENT SHALL BE INCURRED BY THE STATE BEYOND SUCH APPROPRIATIONS.
   53    5.  NOTHING  CONTAINED IN THIS ARTICLE SHALL BE DEEMED TO RESTRICT THE
   54  RIGHT OF THE STATE TO AMEND, REPEAL, MODIFY OR OTHERWISE ALTER  STATUTES
   55  IMPOSING  OR  RELATING  TO  THE TAXES IMPOSED PURSUANT TO SECTION ELEVEN
   56  HUNDRED FIVE AND SECTION ELEVEN HUNDRED TEN OF THE TAX LAW. THE  AUTHOR-
       S. 2605--A                         82                         A. 3005--A
    1  IZED ISSUERS SHALL NOT INCLUDE WITHIN ANY RESOLUTION, CONTRACT OR AGREE-
    2  MENT  WITH  HOLDERS  OF  THE REVENUE BONDS ISSUED UNDER THIS ARTICLE ANY
    3  PROVISION WHICH PROVIDES THAT A DEFAULT OCCURS AS A RESULT OF THE  STATE
    4  EXERCISING  ITS  RIGHT  TO  AMEND, REPEAL, MODIFY OR OTHERWISE ALTER THE
    5  TAXES IMPOSED PURSUANT TO SECTION ELEVEN HUNDRED FIVE AND SECTION ELEVEN
    6  HUNDRED TEN OF THE TAX LAW.
    7    6. ANY RESOLUTION OR OTHER AGREEMENT AUTHORIZING REVENUE  BONDS  UNDER
    8  THIS ARTICLE SHALL RESERVE THE RIGHT OF THE STATE, UPON AMENDMENT OF THE
    9  NEW  YORK  STATE  CONSTITUTION  ALLOWING  THE  ISSUANCE OR ASSUMPTION OF
   10  BONDS, NOTES OR OTHER OBLIGATIONS SECURED BY REVENUES, WHICH MAY INCLUDE
   11  THE REVENUES SECURING REVENUE BONDS OF AUTHORIZED ISSUERS (A) TO ASSUME,
   12  IN WHOLE OR IN PART, REVENUE BONDS OF THE  AUTHORIZED  ISSUERS,  (B)  TO
   13  EXTINGUISH  THE EXISTING LIEN OF SUCH RESOLUTION, OR OTHER AGREEMENT AND
   14  (C) TO SUBSTITUTE SECURITY FOR  THE  REVENUE  BONDS  OF  THE  AUTHORIZED
   15  ISSUERS, IN EACH CASE ONLY SO LONG AS SUCH ASSUMPTION, EXTINGUISHMENT OR
   16  SUBSTITUTION  IS DONE IN ACCORDANCE WITH SUCH RESOLUTION OR OTHER AGREE-
   17  MENT.
   18    S 59. Subdivision 8 of section 97-f of the state finance law, as added
   19  by section 56-b of part PP of chapter 56 of the laws of 2009, is amended
   20  to read as follows:
   21    8. In addition to the amounts required to be maintained on deposit  in
   22  the  mental  health  services  fund pursuant to subdivision five of this
   23  section, the fund shall maintain on deposit an amount equal to the  debt
   24  service and other cash requirements on mental health services facilities
   25  bonds issued by [the dormitory authority] AUTHORIZED ISSUERS pursuant to
   26  [section]  SECTIONS  sixty-eight-b AND SIXTY-NINE-N of this chapter. The
   27  amount required to be maintained  in  such  fund  shall  be  (i)  twenty
   28  percent  of the amount of the next payment coming due relating to mental
   29  health services facilities bonds issued by an authorized  issuer  multi-
   30  plied  by  the  number  of months from the date of the last such payment
   31  with respect to payments required to be made  semi-annually,  plus  (ii)
   32  those  amounts  specified  in any financing agreement between the issuer
   33  and the state, acting through the director of the budget,  with  respect
   34  to  payments required to be made other than semi-annually, including for
   35  variable rate bonds, interest rate exchange  or  similar  agreements  or
   36  other financing arrangements permitted by law.  Prior to making any such
   37  payment,  the  comptroller shall make and deliver to the director of the
   38  budget and the chairmen of the facilities  development  corporation  and
   39  the New York state medical care facilities finance agency, a certificate
   40  stating  the  aggregate amount to be maintained on deposit in the mental
   41  health services fund to comply in  full  with  the  provisions  of  this
   42  subdivision.
   43    No  later  than five days prior to the payment to be made by the state
   44  comptroller on such mental health services facilities bonds pursuant  to
   45  [section]  SECTIONS  ninety-two-z  AND NINETY-TWO-H of this article, the
   46  amount of such payment shall be transferred  by  the  state  comptroller
   47  from the mental health services fund to the revenue bond tax fund estab-
   48  lished  by  section  ninety-two-z  of  this article. The accumulation of
   49  moneys pursuant to this  subdivision  and  subsequent  transfer  to  the
   50  revenue  bond  tax fund shall be subordinate in all respects to payments
   51  to be made to the New York state medical care facilities finance  agency
   52  and  to  any  pledge  or  assignment pursuant to subdivision six of this
   53  section.
   54    S 60. Paragraph a of subdivision  5  of  section  89-b  of  the  state
   55  finance law, as amended by section 1 of part B of chapter 84 of the laws
   56  of 2002, is amended to read as follows:
       S. 2605--A                         83                         A. 3005--A
    1    a.  Moneys  in  the  dedicated  highway  and  bridge trust fund shall,
    2  following appropriation by the legislature, be  utilized  for:    recon-
    3  struction,  replacement, reconditioning, restoration, rehabilitation and
    4  preservation of state, county, town, city and village  roads,  highways,
    5  parkways,  and  bridges  thereon,  to  restore  such facilities to their
    6  intended  functions;  construction,  reconstruction,   enhancement   and
    7  improvement  of  state, county, town, city, and village roads, highways,
    8  parkways, and bridges thereon, to address current and projected capacity
    9  problems including costs for  traffic  mitigation  activities;  aviation
   10  projects authorized pursuant to section fourteen-j of the transportation
   11  law  and  for payments to the general debt service fund of amounts equal
   12  to amounts required for service contract payments  related  to  aviation
   13  projects  as provided and authorized by section three hundred eighty-six
   14  of the public authorities law; programs to assist small and minority and
   15  women-owned firms engaged  in  transportation  construction  and  recon-
   16  struction  projects,  including  a  revolving  fund  for working capital
   17  loans, and a bonding guarantee assistance  program  in  accordance  with
   18  provisions of this chapter; matching federal grants or apportionments to
   19  the state for highway, parkway and bridge capital projects; the acquisi-
   20  tion  of  real property and interests therein required or expected to be
   21  required in connection with such projects; preventive maintenance activ-
   22  ities necessary to ensure that highways, parkways and  bridges  meet  or
   23  exceed their optimum useful life; expenses of control of snow and ice on
   24  state  highways  by  the  department of transportation including but not
   25  limited to personal services, nonpersonal services and fringe  benefits,
   26  payment  of  emergency aid for control of snow and ice in municipalities
   27  pursuant to section fifty-five of the highway law, expenses  of  control
   28  of  snow and ice on state highways by municipalities pursuant to section
   29  twelve of the highway law, and  for  expenses  of  arterial  maintenance
   30  agreements  with  cities pursuant to section three hundred forty-nine of
   31  the highway law; personal services  and  fringe  benefit  costs  of  the
   32  department of transportation for bus safety inspection activities; costs
   33  of  the  department  of  motor  vehicles,  including  but not limited to
   34  personal and nonpersonal services; costs of engineering and  administra-
   35  tive  services  of  the  department of transportation, including but not
   36  limited to fringe benefits; the contract services  provided  by  private
   37  firms  in  accordance  with  section fourteen of the transportation law;
   38  personal services and nonpersonal services, for activities including but
   39  not limited to the preparation of  designs,  plans,  specifications  and
   40  estimates;  construction management and supervision activities; costs of
   41  appraisals, surveys, testing and  environmental  impact  statements  for
   42  transportation  projects;  expenses in connection with buildings, equip-
   43  ment, materials and facilities used or useful  in  connection  with  the
   44  maintenance,  operation,  and  repair  of highways, parkways and bridges
   45  thereon; and project costs for: construction,  reconstruction,  improve-
   46  ment,  reconditioning  and  preservation  of rail freight facilities and
   47  intercity rail passenger facilities and equipment; construction,  recon-
   48  struction, improvement, reconditioning and preservation of state, munic-
   49  ipal  and  privately owned ports; construction, reconstruction, improve-
   50  ment, reconditioning and preservation of municipal  airports;  privately
   51  owned airports and aviation capital facilities, excluding airports oper-
   52  ated  by the state or operated by a bi-state municipal corporate instru-
   53  mentality for which  federal  funding  is  not  available  provided  the
   54  project  is  consistent  with  an  approved  airport  layout  plan;  and
   55  construction,  reconstruction,  enhancement,  improvement,  replacement,
   56  reconditioning,  restoration,  rehabilitation and preservation of state,
       S. 2605--A                         84                         A. 3005--A
    1  county, town, city and village roads, highways,  parkways  and  bridges;
    2  and  construction, reconstruction, improvement, reconditioning and pres-
    3  ervation of fixed ferry facilities  of  municipal  and  privately  owned
    4  ferry lines for transportation purposes, and the payment of debt service
    5  required  on  any bonds, notes or other obligations and related expenses
    6  for highway, parkway, bridge and project costs for: construction, recon-
    7  struction, improvement, reconditioning and preservation of rail  freight
    8  facilities  and  intercity  rail  passenger  facilities  and  equipment;
    9  construction, reconstruction, improvement, reconditioning and  preserva-
   10  tion of state, municipal and privately owned ports; construction, recon-
   11  struction,  improvement,  reconditioning  and  preservation of municipal
   12  airports; privately owned  airports  and  aviation  capital  facilities,
   13  excluding  airports  operated  by  the  state  or operated by a bi-state
   14  municipal corporate instrumentality for which  federal  funding  is  not
   15  available  provided  the  project is consistent with an approved airport
   16  layout plan;  construction,  reconstruction,  enhancement,  improvement,
   17  replacement,  reconditioning,  restoration, rehabilitation and preserva-
   18  tion of state, county, town, city and village roads, highways,  parkways
   19  and bridges; and construction, reconstruction, improvement, recondition-
   20  ing and preservation of fixed ferry facilities of municipal and private-
   21  ly owned ferry lines for transportation purposes, purposes authorized on
   22  or  after  the  effective date of this section. Beginning with disburse-
   23  ments made on and after the first day of April, nineteen  hundred  nine-
   24  ty-three,  moneys  in  such fund shall be available to pay such costs or
   25  expenses made pursuant to appropriations or reappropriations made during
   26  the state fiscal year which  began  on  the  first  of  April,  nineteen
   27  hundred  ninety-two.  Beginning the first day of April, nineteen hundred
   28  ninety-three, moneys in such fund shall  also  be  used  for  [payments]
   29  TRANSFERS to the general debt service fund AND THE REVENUE BOND TAX FUND
   30  of  amounts  equal  to  [amounts] THAT RESPECTIVELY required for service
   31  contract AND FINANCING AGREEMENT payments as provided and authorized  by
   32  section  three  hundred  eighty  of the public authorities law [and by],
   33  section eleven of chapter three hundred twenty-nine of the laws of nine-
   34  teen hundred ninety-one, as  amended,  AND  SECTIONS  SIXTY-EIGHT-C  AND
   35  SIXTY-NINE-O OF THIS CHAPTER.
   36    S  60-a.  Paragraph  a  of  subdivision 5 of section 89-b of the state
   37  finance law, as amended by section 1 of part D of  chapter  151  of  the
   38  laws of 2001, is amended to read as follows:
   39    a.  Moneys  in  the  dedicated  highway  and  bridge trust fund shall,
   40  following appropriation by the legislature, be  utilized  for:    recon-
   41  struction,  replacement, reconditioning, restoration, rehabilitation and
   42  preservation of state, county, town, city and village  roads,  highways,
   43  parkways,  and  bridges  thereon,  to  restore  such facilities to their
   44  intended  functions;  construction,  reconstruction,   enhancement   and
   45  improvement  of  state, county, town, city, and village roads, highways,
   46  parkways, and bridges thereon, to address current and projected capacity
   47  problems including costs for  traffic  mitigation  activities;  aviation
   48  projects authorized pursuant to section fourteen-j of the transportation
   49  law  and  for payments to the general debt service fund of amounts equal
   50  to amounts required for service contract payments  related  to  aviation
   51  projects  as provided and authorized by section three hundred eighty-six
   52  of the public authorities law; programs to assist small and minority and
   53  women-owned firms engaged  in  transportation  construction  and  recon-
   54  struction  projects,  including  a  revolving  fund  for working capital
   55  loans, and a bonding guarantee assistance  program  in  accordance  with
   56  provisions of this chapter; matching federal grants or apportionments to
       S. 2605--A                         85                         A. 3005--A
    1  the state for highway, parkway and bridge capital projects; the acquisi-
    2  tion  of  real property and interests therein required or expected to be
    3  required in connection with such projects; preventive maintenance activ-
    4  ities  necessary  to  ensure that highways, parkways and bridges meet or
    5  exceed their optimum useful life; expenses of control of snow and ice on
    6  state highways by the department of  transportation  including  but  not
    7  limited  to personal services, nonpersonal services and fringe benefits,
    8  payment of emergency aid for control of snow and ice  in  municipalities
    9  pursuant  to  section fifty-five of the highway law, expenses of control
   10  of snow and ice on state highways by municipalities pursuant to  section
   11  twelve  of  the  highway  law,  and for expenses of arterial maintenance
   12  agreements with cities pursuant to section three hundred  forty-nine  of
   13  the  highway  law;  personal  services  and  fringe benefit costs of the
   14  department of transportation for bus safety inspection activities; costs
   15  of engineering and administrative services of the department  of  trans-
   16  portation,  including  but  not limited to fringe benefits; the contract
   17  services provided by private firms in accordance with  section  fourteen
   18  of  the  transportation law; personal services and nonpersonal services,
   19  for activities including but not limited to the preparation of  designs,
   20  plans,  specifications and estimates; construction management and super-
   21  vision activities; costs of appraisals, surveys,  testing  and  environ-
   22  mental  impact  statements  for  transportation  projects;  expenses  in
   23  connection with buildings, equipment, materials and facilities  used  or
   24  useful  in  connection  with  the  maintenance, operation, and repair of
   25  highways,  parkways  and  bridges  thereon;  and  project   costs   for:
   26  construction,  reconstruction, improvement, reconditioning and preserva-
   27  tion of rail freight facilities and intercity rail passenger  facilities
   28  and equipment; construction, reconstruction, improvement, reconditioning
   29  and   preservation  of  state,  municipal  and  privately  owned  ports;
   30  construction, reconstruction, improvement, reconditioning and  preserva-
   31  tion  of municipal airports; privately owned airports and aviation capi-
   32  tal facilities, excluding airports operated by the state or operated  by
   33  a bi-state municipal corporate instrumentality for which federal funding
   34  is  not  available  provided  the project is consistent with an approved
   35  airport layout  plan;  and  construction,  reconstruction,  enhancement,
   36  improvement,  replacement,  reconditioning,  restoration, rehabilitation
   37  and preservation of state, county, town, city and village  roads,  high-
   38  ways,  parkways  and bridges; and construction, reconstruction, improve-
   39  ment, reconditioning and  preservation  of  fixed  ferry  facilities  of
   40  municipal  and  privately owned ferry lines for transportation purposes,
   41  and the payment of debt service required on any bonds,  notes  or  other
   42  obligations  and  related  expenses  for  highway,  parkway,  bridge and
   43  project costs for: construction, reconstruction,  improvement,  recondi-
   44  tioning  and  preservation of rail freight facilities and intercity rail
   45  passenger  facilities  and  equipment;   construction,   reconstruction,
   46  improvement,  reconditioning  and  preservation  of state, municipal and
   47  privately owned ports; construction, reconstruction, improvement, recon-
   48  ditioning  and  preservation  of  municipal  airports;  privately  owned
   49  airports and aviation capital facilities, excluding airports operated by
   50  the  state or operated by a bi-state municipal corporate instrumentality
   51  for which federal funding is  not  available  provided  the  project  is
   52  consistent  with  an  approved airport layout plan; construction, recon-
   53  struction, enhancement, improvement, replacement, reconditioning, resto-
   54  ration, rehabilitation and preservation of state, county, town, city and
   55  village roads, highways, parkways and bridges; and construction,  recon-
   56  struction,  improvement,  reconditioning and preservation of fixed ferry
       S. 2605--A                         86                         A. 3005--A
    1  facilities of municipal and privately owned ferry lines for  transporta-
    2  tion  purposes,  purposes  authorized  on or after the effective date of
    3  this section. Beginning with disbursements made on and after  the  first
    4  day  of  April, nineteen hundred ninety-three, moneys in such fund shall
    5  be available to pay such costs or expenses made  pursuant  to  appropri-
    6  ations or reappropriations made during the state fiscal year which began
    7  on  the first of April, nineteen hundred ninety-two. Beginning the first
    8  day of April, nineteen hundred ninety-three, moneys in such  fund  shall
    9  also  be  used for [payments] TRANSFERS to the general debt service fund
   10  AND THE REVENUE BOND TAX FUND of amounts equal to [amounts] THAT RESPEC-
   11  TIVELY required for service contract AND FINANCING AGREEMENT payments as
   12  provided and authorized by section three hundred eighty  of  the  public
   13  authorities  law [and by], section eleven of chapter three hundred twen-
   14  ty-nine of the laws of nineteen  hundred  ninety-one,  as  amended,  AND
   15  SECTIONS SIXTY-EIGHT-C AND SIXTY-NINE-O OF THIS CHAPTER.
   16    S  61.  Subdivision  5  of  section  89-b  of the state finance law is
   17  amended by adding a new paragraph c to read as follows:
   18    C. IN ADDITION TO THE PURPOSES FOR WHICH MONEYS IN THE DEDICATED HIGH-
   19  WAY AND BRIDGE TRUST FUND CAN BE USED AS DESCRIBED IN  THIS  SUBSECTION,
   20  SUBJECT  TO APPROPRIATION, AFTER MEETING THE REQUIREMENTS OF SUBDIVISION
   21  THREE OF THIS SECTION, SUCH MONEYS SHALL BE USED  FOR  TRANSFER  TO  THE
   22  REVENUE  BOND  TAX  FUND, AS ESTABLISHED BY SECTION NINETY-TWO-Z OF THIS
   23  ARTICLE, IN AN AMOUNT EQUAL TO THAT  REQUIRED  FOR  FINANCING  AGREEMENT
   24  PAYMENTS  PAID  ON  BONDS  AUTHORIZED  PURSUANT TO SECTION THREE HUNDRED
   25  EIGHTY-FIVE OF THE  PUBLIC  AUTHORITIES  LAW,  AND  ISSUED  PURSUANT  TO
   26  SECTIONS SIXTY-EIGHT-B AND SIXTY-NINE-N OF THIS CHAPTER.
   27    S  62.  Subdivision  3  of  section  97-g of the state finance law, as
   28  amended by section 1 of subpart A of part C of chapter 97 of the laws of
   29  2011, is amended to read as follows:
   30    3. Moneys of the fund shall be available to the commissioner of gener-
   31  al services for the purchase of food, supplies and equipment  for  state
   32  agencies,  and  for  the  purpose of furnishing or providing centralized
   33  services to or for state agencies; provided  further  that  such  moneys
   34  shall  be available to the commissioner of general services for purposes
   35  pursuant to items (d) and (f) of subdivision four of this section to  or
   36  for  political subdivisions. Beginning the first day of April, two thou-
   37  sand two, moneys in such fund shall also be  transferred  by  the  state
   38  comptroller  to  the  revenue  bond tax fund account of the general debt
   39  service fund in amounts equal to those required for payments to  author-
   40  ized  issuers  for  revenue  bonds issued pursuant to article five-C AND
   41  ARTICLE FIVE-F of this chapter for the purpose of  lease  purchases  and
   42  installment  purchases  by  or  for  state agencies and institutions for
   43  personal or real property purposes.
   44    S 63. Subdivision (j) of section 92-dd of the state  finance  law,  as
   45  added  by  section  56  of part PP of chapter 56 of the laws of 2009, is
   46  amended to read as follows:
   47    (j) The state comptroller shall transfer from the HCRA resources  fund
   48  to the general debt service fund, revenue bond tax fund (311.02) amounts
   49  equal  to  the  debt service paid for bonds, notes, or other obligations
   50  issued PURSUANT TO ARTICLE FIVE-C AND ARTICLE FIVE-F OF THIS CHAPTER  to
   51  finance the HEAL NY capital grant program authorized pursuant to section
   52  sixteen hundred eighty-j of the public authorities law.
   53    S 64. The state finance law is amended by adding a new section 93-a to
   54  read as follows:
   55    S 93-A. NEW YORK STATE TRANSFORMATIVE CAPITAL FUND.  1. NEW YORK STATE
   56  TRANSFORMATIVE  CAPITAL  FUND.  (A)  THERE  IS HEREBY ESTABLISHED IN THE
       S. 2605--A                         87                         A. 3005--A
    1  JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER  OF  TAXATION  AND
    2  FINANCE A SPECIAL FUND TO BE KNOWN AS THE "NEW YORK STATE TRANSFORMATIVE
    3  CAPITAL FUND".
    4    (B)  ACCOUNTS.  THE  NEW  YORK STATE TRANSFORMATIVE CAPITAL FUND SHALL
    5  CONSIST OF TWO SEPARATE AND DISTINCT ACCOUNTS: (1) THE  "STORM  RECOVERY
    6  ACCOUNT" AND THE (2) "TRANSFORMATIVE CAPITAL ACCOUNT".
    7    (C) SOURCES OF FUNDS. THE SOURCES OF FUNDS SHALL CONSIST OF ALL MONEYS
    8  COLLECTED  THEREFOR,  OR  MONEYS  CREDITED,  APPROPRIATED OR TRANSFERRED
    9  THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT  TO  LAW,  OR  ANY  OTHER
   10  MONEYS  MADE  AVAILABLE  FOR  THE  PURPOSES  OF  THE  FUND. ANY INTEREST
   11  RECEIVED BY THE COMPTROLLER ON MONEYS ON DEPOSIT SHALL  BE  RETAINED  IN
   12  AND BECOME A PART OF THE FUND, UNLESS OTHERWISE DIRECTED BY LAW.
   13    2.  USES OF FUNDS. (A) STORM RECOVERY ACCOUNT. FOLLOWING APPROPRIATION
   14  BY THE LEGISLATURE, MONEYS IN THE STORM RECOVERY ACCOUNT SHALL BE AVAIL-
   15  ABLE TO FINANCE THE REPAIR, REHABILITATION, OR  REPLACEMENT  OF  CAPITAL
   16  WORKS  OR  PURPOSES  DAMAGED  BY  HURRICANE  SANDY OR ANY FUTURE NATURAL
   17  DISASTER EXPECTED TO BE ELIGIBLE FOR REIMBURSEMENT BY THE FEDERAL  EMER-
   18  GENCY  MANAGEMENT  AGENCY  (FEMA),  THE  FEDERAL  TRANSIT ADMINISTRATION
   19  (FTA), THE FEDERAL HIGHWAY ADMINISTRATION (FHWA) AND ANY  OTHER  FEDERAL
   20  REIMBURSEMENT  SOURCE.  NO MONEY IN THIS ACCOUNT MAY BE EXPENDED FOR ANY
   21  PROJECT UNTIL THE DIRECTOR OF THE BUDGET HAS DETERMINED THAT THERE IS  A
   22  SUBSTANTIAL  LIKELIHOOD  THAT  THE  COSTS OF SUCH PROJECT SHALL BE REIM-
   23  BURSED BY FEDERAL SOURCES. THE DIRECTOR SHALL ISSUE  FORMAL  RULES  THAT
   24  SET FORTH THE PROCESS BY WHICH HE OR SHE WILL DETERMINE WHETHER THERE IS
   25  A SUBSTANTIAL LIKELIHOOD OF REIMBURSEMENT BY FEDERAL SOURCES.
   26    (B)  TRANSFORMATIVE  CAPITAL  ACCOUNT.  FOLLOWING APPROPRIATION BY THE
   27  LEGISLATURE, MONEYS IN  THE  TRANSFORMATIVE  CAPITAL  ACCOUNT  SHALL  BE
   28  AVAILABLE  TO FINANCE PROJECTS OR ACTIVITIES NECESSARY TO PROMOTE TRANS-
   29  FORMATIVE ECONOMIC DEVELOPMENT AND INFRASTRUCTURE  INITIATIVES.  NOTHING
   30  CONTAINED  IN  THIS  SECTION  SHALL BE CONSTRUED TO LIMIT IN ANY WAY THE
   31  PROJECTS, WORKS, ACTIVITIES OR PURPOSES THAT CAN BE FINANCED  FROM  THIS
   32  FUND.
   33    3.  TRANSFERS.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW TO THE
   34  CONTRARY, FOR THE STATE FISCAL YEAR COMMENCING ON APRIL FIRST, TWO THOU-
   35  SAND THIRTEEN, THE COMPTROLLER IS  HEREBY  AUTHORIZED  TO  TRANSFER  ANY
   36  MONEYS  INTO  OR  FROM  THE  NEW  YORK STATE TRANSFORMATIVE CAPITAL FUND
   37  ACCOUNTS INTO OR FROM THE GENERAL FUND IN AN AMOUNT  DETERMINED  BY  THE
   38  DIRECTOR  OF  THE BUDGET, TO THE EXTENT MONEYS ARE AVAILABLE IN THE FUND
   39  ACCOUNTS.
   40    S 65. Subdivision 1 of section 45 of section 1 of chapter 174  of  the
   41  laws  of  1968, constituting the New York state urban development corpo-
   42  ration act, as amended by section 49 of part U of chapter 59 of the laws
   43  of 2012, is amended to read as follows:
   44    1. Notwithstanding the provisions of any other law  to  the  contrary,
   45  the  urban  development  corporation  of the state of New York is hereby
   46  authorized to issue bonds or notes in one or more series for the purpose
   47  of funding project costs for the implementation of a NY-SUNY AND NY-CUNY
   48  2020 challenge grant program subject to the approval of  a  NY-SUNY  AND
   49  NY-CUNY  2020 plan or plans by the governor and EITHER the chancellor of
   50  the state university of New York OR THE CHANCELLOR OF THE CITY UNIVERSI-
   51  TY OF NEW YORK, AS APPLICABLE.  The aggregate principal amount of  bonds
   52  authorized  to  be  issued  pursuant  to  this  section shall not exceed
   53  [$110,000,000] $220,000,000, excluding bonds issued to fund one or  more
   54  debt  service reserve funds, to pay costs of issuance of such bonds, and
   55  bonds or notes issued to refund or otherwise repay such bonds  or  notes
   56  previously  issued. Such bonds and notes of the corporation shall not be
       S. 2605--A                         88                         A. 3005--A
    1  a debt of the state, and the state shall  not  be  liable  thereon,  nor
    2  shall  they be payable out of any funds other than those appropriated by
    3  the state to  the  corporation  for  principal,  interest,  and  related
    4  expenses  pursuant  to a service contract and such bonds and notes shall
    5  contain on the face thereof a  statement  to  such  effect.  Except  for
    6  purposes  of  complying  with  the  internal  revenue code, any interest
    7  income earned on bond proceeds shall only be used to pay debt service on
    8  such bonds.
    9    S 65-a. Section 16 of chapter 260 of the laws  of  2011  amending  the
   10  education  law and the New York state urban development corporation act,
   11  relating to establishing components of the NY-SUNY 2020 challenge  grant
   12  program, is amended to read as follows:
   13    S  16.  This  act  shall take effect July 1, 2011 [and]; PROVIDED THAT
   14  SECTIONS ONE, TWO, THREE, FOUR, FIVE, SIX,  EIGHT,  NINE,  TEN,  ELEVEN,
   15  TWELVE,  THIRTEEN, FOURTEEN AND FIFTEEN OF THIS ACT shall expire 5 years
   16  after such effective date when upon such date the provisions of this act
   17  shall be deemed repealed.
   18    S 66. Subdivision 10-a of section 1680 of the public authorities  law,
   19  as amended by section 51 of part U of chapter 59 of the laws of 2012, is
   20  amended to read as follows:
   21    10-a.  Subject  to the provisions of chapter fifty-nine of the laws of
   22  two thousand, but notwithstanding any other provision of the law to  the
   23  contrary, the maximum amount of bonds and notes to be issued after March
   24  thirty-first,  two  thousand two, on behalf of the state, in relation to
   25  any locally sponsored community college, shall be six  hundred  [twenty-
   26  three]  SIXTY-THREE  million  dollars. Such amount shall be exclusive of
   27  bonds and notes issued to fund any reserve fund or funds, costs of issu-
   28  ance and to refund any outstanding bonds and notes, issued on behalf  of
   29  the state, relating to a locally sponsored community college.
   30    S  67.  Paragraph  (c) of subdivision 14 of section 1680 of the public
   31  authorities law, as amended by section 39 of part PP of  chapter  56  of
   32  the laws of 2009, is amended to read as follows:
   33    (c) Subject to the provisions of chapter fifty-nine of the laws of two
   34  thousand,  (i)  the  dormitory  authority  shall not deliver a series of
   35  bonds for city university community college facilities, except to refund
   36  or to be substituted for or in lieu of other bonds in relation  to  city
   37  university  community college facilities pursuant to a resolution of the
   38  dormitory authority adopted before July first, nineteen hundred  eighty-
   39  five  or any resolution supplemental thereto, if the principal amount of
   40  bonds so to be issued when added  to  all  principal  amounts  of  bonds
   41  previously  issued by the dormitory authority for city university commu-
   42  nity college facilities, except to refund or to be substituted  in  lieu
   43  of  other bonds in relation to city university community college facili-
   44  ties will exceed the sum of four hundred twenty-five million dollars and
   45  (ii) the dormitory authority shall not deliver a series of bonds  issued
   46  for  city university facilities, including community college facilities,
   47  pursuant to a resolution of the dormitory authority adopted on or  after
   48  July  first,  nineteen  hundred  eighty-five,  except to refund or to be
   49  substituted for or in lieu of other bonds in relation to city university
   50  facilities and except for bonds issued pursuant to a resolution  supple-
   51  mental  to a resolution of the dormitory authority adopted prior to July
   52  first, nineteen hundred eighty-five, if the principal amount of bonds so
   53  to be issued when added to the  principal  amount  of  bonds  previously
   54  issued pursuant to any such resolution, except bonds issued to refund or
   55  to  be  substituted  for  or  in lieu of other bonds in relation to city
   56  university facilities, will exceed six  billion  eight  hundred  [forty-
       S. 2605--A                         89                         A. 3005--A
    1  three]  FIFTY-THREE  million two hundred thousand dollars.  The legisla-
    2  ture reserves the right to amend or repeal such limit, and the state  of
    3  New York, the dormitory authority, the city university, and the fund are
    4  prohibited  from  covenanting or making any other agreements with or for
    5  the benefit of bondholders which might in any way affect such right.
    6    S 68. Subdivision (a) of section 48 of part K of  chapter  81  of  the
    7  laws  of  2002,  providing  for  the administration of certain funds and
    8  accounts related to the 2002-2003 budget, as amended by  section  40  of
    9  part  BB  of  chapter  58  of  the  laws  of 2011, is amended to read as
   10  follows:
   11    (a) Subject to the provisions of chapter 59 of the laws  of  2000  but
   12  notwithstanding  the  provisions  of section 18 of the urban development
   13  corporation act, the corporation is hereby authorized to issue bonds  or
   14  notes  in  one  or  more  series in an aggregate principal amount not to
   15  exceed $67,000,000 excluding bonds issued  to  fund  one  or  more  debt
   16  service reserve funds, to pay costs of issuance of such bonds, and bonds
   17  or  notes issued to refund or otherwise repay such bonds or notes previ-
   18  ously issued, for the purpose of  financing  capital  costs  related  to
   19  homeland  security  and  training  facilities  for the division of state
   20  police, the division of military and naval affairs, and any other  state
   21  agency,  including  the reimbursement of any disbursements made from the
   22  state capital projects fund, and is hereby authorized to issue bonds  or
   23  notes  in  one  or  more  series in an aggregate principal amount not to
   24  exceed [$205,800,000] $220,800,000, excluding bonds issued to  fund  one
   25  or  more  debt  service  reserve funds, to pay costs of issuance of such
   26  bonds, and bonds or notes issued to refund or otherwise repay such bonds
   27  or notes previously issued, for the purpose of financing improvements to
   28  State office buildings and other facilities located statewide, including
   29  the reimbursement of any  disbursements  made  from  the  state  capital
   30  projects  fund.  Such  bonds and notes of the corporation shall not be a
   31  debt of the state, and the state shall not be liable thereon, nor  shall
   32  they  be  payable  out of any funds other than those appropriated by the
   33  state to the corporation for debt service and related expenses  pursuant
   34  to  any  service  contracts executed pursuant to subdivision (b) of this
   35  section, and such bonds and notes shall contain on the  face  thereof  a
   36  statement to such effect.
   37    S  69.  The  section heading and subdivision 1 of section 386-b of the
   38  public authorities law, as added by section 48 of part U of  chapter  59
   39  of the laws of 2012, is amended to read as follows:
   40    Financing  of  peace  bridge  AND  TRANSPORTATION CAPITAL projects. 1.
   41  Notwithstanding any other provision of law to the contrary, the authori-
   42  ty, the dormitory authority and the urban  development  corporation  are
   43  hereby  authorized to issue bonds or notes in one or more series for the
   44  purpose of financing peace bridge projects AND CAPITAL  COSTS  OF  STATE
   45  AND LOCAL HIGHWAYS, PARKWAYS, BRIDGES, THE NEW YORK STATE THRUWAY, INDI-
   46  AN  RESERVATION ROADS, AND FACILITIES, AND TRANSPORTATION INFRASTRUCTURE
   47  PROJECTS, INCLUDING WORK APPURTENANT AND ANCILLARY THERETO.  The  aggre-
   48  gate  principal amount of bonds authorized to be issued pursuant to this
   49  section  shall  not  exceed  THREE  HUNDRED  fifteen   million   dollars
   50  [($15,000,000)]  ($315,000,000),  excluding  bonds issued to fund one or
   51  more debt service reserve funds, to pay costs of issuance of such bonds,
   52  and to refund or otherwise repay such bonds or notes previously  issued.
   53  Such  bonds  and notes of the authority, the dormitory authority and the
   54  urban development corporation shall not be a debt of the state, and  the
   55  state  shall not be liable thereon, nor shall they be payable out of any
   56  funds other than those appropriated by the state to the  authority,  the
       S. 2605--A                         90                         A. 3005--A
    1  dormitory authority and the urban development corporation for principal,
    2  interest,  and  related expenses pursuant to a service contract and such
    3  bonds and notes shall contain on the face thereof a  statement  to  such
    4  effect. Except for purposes of complying with the internal revenue code,
    5  any  interest  income  earned on bond proceeds shall only be used to pay
    6  debt service on such bonds.
    7    S 69-a. Paragraph (c) of subdivision 19 of section 1680 of the  public
    8  authorities law, as amended by section 52 of part U of chapter 59 of the
    9  laws of 2012, is amended to read as follows:
   10    (c) Subject to the provisions of chapter fifty-nine of the laws of two
   11  thousand,  the  dormitory  authority shall not issue any bonds for state
   12  university educational facilities purposes if the  principal  amount  of
   13  bonds to be issued when added to the aggregate principal amount of bonds
   14  issued  by  the  dormitory  authority  on and after July first, nineteen
   15  hundred eighty-eight for state university  educational  facilities  will
   16  exceed  ten  billion  [three]  FOUR  hundred  [four]  TWENTY-TWO million
   17  dollars; provided, however, that bonds issued or to be issued  shall  be
   18  excluded  from  such  limitation if: (1) such bonds are issued to refund
   19  state university construction bonds and  state  university  construction
   20  notes previously issued by the housing finance agency; or (2) such bonds
   21  are  issued to refund bonds of the authority or other obligations issued
   22  for state university educational facilities  purposes  and  the  present
   23  value  of  the  aggregate  debt  service on the refunding bonds does not
   24  exceed the present value of the aggregate  debt  service  on  the  bonds
   25  refunded  thereby;  provided,  further  that  upon  certification by the
   26  director of the budget that the issuance of  refunding  bonds  or  other
   27  obligations  issued between April first, nineteen hundred ninety-two and
   28  March thirty-first, nineteen hundred  ninety-three  will  generate  long
   29  term  economic  benefits  to  the  state, as assessed on a present value
   30  basis, such issuance will be deemed to have met the present  value  test
   31  noted  above. For purposes of this subdivision, the present value of the
   32  aggregate debt service of the refunding bonds  and  the  aggregate  debt
   33  service of the bonds refunded, shall be calculated by utilizing the true
   34  interest  cost  of the refunding bonds, which shall be that rate arrived
   35  at by doubling the semi-annual interest rate (compounded  semi-annually)
   36  necessary  to  discount the debt service payments on the refunding bonds
   37  from the payment dates thereof to the date of  issue  of  the  refunding
   38  bonds  to  the purchase price of the refunding bonds, including interest
   39  accrued thereon prior to the issuance  thereof.  The  maturity  of  such
   40  bonds,  other  than  bonds issued to refund outstanding bonds, shall not
   41  exceed the weighted average economic life, as  certified  by  the  state
   42  university construction fund, of the facilities in connection with which
   43  the  bonds  are  issued,  and  in any case not later than the earlier of
   44  thirty years or the expiration of the term of  any  lease,  sublease  or
   45  other  agreement  relating  thereto;  provided  that  no note, including
   46  renewals thereof, shall mature later than five years after the  date  of
   47  issuance  of  such  note. The legislature reserves the right to amend or
   48  repeal such limit, and the state of New York, the  dormitory  authority,
   49  the  state university of New York, and the state university construction
   50  fund are prohibited from covenanting or making any other agreements with
   51  or for the benefit of bondholders which might in  any  way  affect  such
   52  right.
   53    S  70.  This  act shall take effect immediately and shall be deemed to
   54  have been in full force and effect on and after April 1, 2013;  provided
   55  that:
       S. 2605--A                         91                         A. 3005--A
    1    (a)  sections one through nine, and sections thirteen through eighteen
    2  of this act shall expire March  31,  2014,  when  upon  such  date,  the
    3  provisions of such sections shall be deemed repealed;
    4    (b)  the  amendments  to  subdivision  3  of section 99-h of the state
    5  finance law made by section twenty-three of this act  shall  not  affect
    6  the expiration of such subdivision and section respectively and shall be
    7  deemed to expire therewith;
    8    (c)  the  amendments  to  subdivision  5 of section 3234 of the public
    9  authorities law made by section forty-five of this act shall take effect
   10  on the same date and in the same manner as section 54 of part K of chap-
   11  ter 81 of the laws of 2002 takes effect;
   12    (d) the amendments to paragraph a of subdivision 5 of section 89-b  of
   13  the state finance law made by section sixty of this act shall be subject
   14  to  the expiration and reversion of such paragraph pursuant to section 2
   15  of part B of chapter 84 of the laws of 2002, as amended, when upon  such
   16  date  the  provisions  of section sixty-a of this act shall take effect;
   17  and
   18    (e) the amendments to subdivision 3  of  section  97-g  of  the  state
   19  finance  law  made by section sixty-two of this act shall not affect the
   20  expiration and reversion of such subdivision  and  shall  be  deemed  to
   21  expire therewith.
   22                                   PART N
   23    Section  1. Subdivisions 1, 3, 4, 5 and 6 of section 709 of the execu-
   24  tive law, subdivision 1 as amended and subdivisions 3, 4,  5  and  6  as
   25  added  by  section  14  of part B of chapter 56 of the laws of 2010, are
   26  amended to read as follows:
   27    1. There is hereby created within the executive department  the  divi-
   28  sion  of  homeland security and emergency services, which shall have and
   29  exercise the powers and duties set forth in this article. Any  reference
   30  to  the  'office of public security', the 'office of homeland security',
   31  the 'state emergency management office'[, the 'office of  cyber  securi-
   32  ty']  or  the 'office of fire prevention and control' in the laws of New
   33  York state, executive orders, or contracts entered into on behalf of the
   34  state shall be deemed to refer to the division of homeland security  and
   35  emergency services.
   36    3.  The  division  of  homeland  security and emergency services shall
   37  consist of several offices including, but not limited to, the office  of
   38  counterterrorism,  which  shall  have the powers, and be responsible for
   39  carrying out the duties, including but not limited to those set forth in
   40  section seven hundred nine-a of this article; the  office  of  emergency
   41  management, which shall have the powers, and be responsible for carrying
   42  out  the duties, including but not limited to those set forth in article
   43  two-B of this chapter; the office of fire prevention and control,  which
   44  shall  have  the powers, and be responsible for carrying out the duties,
   45  including but not limited to those set forth in article  six-C  of  this
   46  chapter[; the office of cyber security, which shall have the powers, and
   47  be responsible for carrying out the duties, including but not limited to
   48  those  set  forth in section seven hundred fifteen of this article;] and
   49  the office of interoperable and emergency  communications,  which  shall
   50  have the powers, and be responsible for carrying out the duties, includ-
   51  ing  but  not limited to those set forth in section seven hundred seven-
   52  teen of this article.
   53    4. As set forth in section seven hundred  ten  of  this  article,  the
   54  commissioner of the division of homeland security and emergency services
       S. 2605--A                         92                         A. 3005--A
    1  shall  be  appointed by the governor, with the advice and consent of the
    2  senate, and hold office at the pleasure of the governor.  The  directors
    3  of   the   offices   of  counterterrorism,  emergency  management,  fire
    4  prevention and control, [cyber security,] and interoperable and emergen-
    5  cy  communications,  and such other offices as may be established, shall
    6  be appointed by, and hold office at the pleasure of,  the  governor  and
    7  they  shall report to the commissioner of the division of homeland secu-
    8  rity and emergency services.
    9    5. The directors of the offices of counterterrorism, emergency manage-
   10  ment, fire prevention and control, [cyber security,]  interoperable  and
   11  emergency  communications,  and  of  such other offices as may be estab-
   12  lished, shall, in consultation with the commissioner, have the authority
   13  to promulgate rules and regulations to carry out  the  duties  of  their
   14  office,  including the establishment of fees necessary to compensate for
   15  costs associated with the delivery of training and services.
   16    6. The directors of the offices of counterterrorism, emergency manage-
   17  ment, fire prevention and control, [cyber security,]  interoperable  and
   18  emergency  communications, and such other offices as may be established,
   19  shall have the authority to enter into contracts with any person,  firm,
   20  corporation, municipality, or government entity.
   21    S 2. Section 715 of the executive law is REPEALED.
   22    S  3.  Subdivision  10  of section 103 of the state technology law, as
   23  added by chapter 430 of the laws of 1997, and such section as renumbered
   24  by chapter 437 of the laws of 2004, is amended to read as follows:
   25    10. To establish statewide  technology  policies,  including  but  not
   26  limited to preferred technology standards and security, INCLUDING STATE-
   27  WIDE POLICIES, STANDARDS, PROGRAMS, AND SERVICES RELATING TO THE SECURI-
   28  TY  OF  STATE  GOVERNMENT  NETWORKS  AND GEOGRAPHIC INFORMATION SYSTEMS,
   29  INCLUDING THE STATEWIDE COORDINATION OF GEOGRAPHICALLY REFERENCED  CRIT-
   30  ICAL INFRASTRUCTURE INFORMATION;
   31    S 4. Section 103 of the state technology law is amended by adding four
   32  new subdivisions 18, 19, 20 and 21 to read as follows:
   33    18.  TO  PROVIDE  FOR  THE  PROTECTION OF THE STATE GOVERNMENT'S CYBER
   34  SECURITY INFRASTRUCTURE, INCLUDING, BUT NOT LIMITED TO, THE  IDENTIFICA-
   35  TION  AND  MITIGATION  OF  VULNERABILITIES,  DETERRING AND RESPONDING TO
   36  CYBER EVENTS, AND PROMOTING CYBER SECURITY AWARENESS WITHIN THE STATE.
   37    19. TO MAINTAIN, IN ELECTRONIC  OR  PAPER  FORMATS,  MAPS,  GEOGRAPHIC
   38  IMAGES, GEOGRAPHIC DATA AND METADATA.
   39    20.  NOTWITHSTANDING  THE  PROVISIONS OF SUBPARAGRAPHS (I) AND (II) OF
   40  PARAGRAPH (A) OF SUBDIVISION  EIGHT  OF  SECTION  SEVENTY-THREE  OF  THE
   41  PUBLIC OFFICERS LAW, FORMER OFFICERS OR EMPLOYEES OF THE OFFICE OF CYBER
   42  SECURITY  EMPLOYED  BY  THE NOT-FOR-PROFIT CORPORATION THAT OPERATES THE
   43  MULTI-STATE INFORMATION SHARING AND ANALYSIS CENTER  MAY  APPEAR  BEFORE
   44  AND  RENDER SERVICES TO ANY FEDERAL, STATE, LOCAL, TERRITORIAL OR TRIBAL
   45  GOVERNMENT RELATING TO CYBER SECURITY.
   46    21. NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED  SIXTY-THREE
   47  OF  THE  STATE  FINANCE  LAW,  SECTION  ONE HUNDRED THREE OF THE GENERAL
   48  MUNICIPAL LAW, ARTICLE FOUR-C OF THE ECONOMIC DEVELOPMENT  LAW,  OR  ANY
   49  OTHER  PROVISION  OF  LAW RELATING TO THE AWARD OF PUBLIC CONTRACTS, ANY
   50  OFFICER, BODY, OR AGENCY OF NEW YORK STATE, PUBLIC CORPORATION, OR OTHER
   51  PUBLIC ENTITY SUBJECT TO SUCH PROVISIONS OF LAW SHALL BE  AUTHORIZED  TO
   52  ENTER  INDIVIDUALLY OR COLLECTIVELY INTO CONTRACTS WITH THE NOT-FOR-PRO-
   53  FIT CORPORATION THAT OPERATES THE MULTI-STATE  INFORMATION  SHARING  AND
   54  ANALYSIS  CENTER FOR THE PROVISION OF SERVICES THROUGH SEPTEMBER THIRTI-
   55  ETH, TWO THOUSAND FOURTEEN RELATED TO CYBER SECURITY INCLUDING, BUT  NOT
   56  LIMITED  TO,  MONITORING,  DETECTING, AND RESPONDING TO CYBER INCIDENTS,
       S. 2605--A                         93                         A. 3005--A
    1  AND SUCH CONTRACTS MAY BE AWARDED WITHOUT COMPLIANCE WITH THE PROCEDURES
    2  RELATING TO THE PROCUREMENT OF SERVICES SET FORTH IN SUCH PROVISIONS  OF
    3  LAW.    SUCH  CONTRACTS  SHALL, HOWEVER, BE SUBJECT TO THE COMPTROLLER'S
    4  EXISTING  AUTHORITY TO APPROVE CONTRACTS WHERE SUCH APPROVAL IS REQUIRED
    5  BY SECTION ONE HUNDRED TWELVE OF THE STATE  FINANCE  LAW  OR  OTHERWISE.
    6  SUCH  OFFICERS,  BODIES,  OR  AGENCIES MAY PAY THE FEES OR OTHER AMOUNTS
    7  SPECIFIED IN SUCH CONTRACTS  IN  CONSIDERATION  OF  THE  CYBER  SECURITY
    8  SERVICES TO BE RENDERED PURSUANT TO SUCH CONTRACTS.
    9    S  5.  Subdivision 2 and paragraph (a) of subdivision 7 of section 208
   10  of the state technology law, subdivision 2 as amended by chapter 491  of
   11  the  laws  of  2005  and  paragraph  (a)  of subdivision 7 as amended by
   12  section 27 of part A of chapter 62 of the laws of 2011, are  amended  to
   13  read as follows:
   14    2.  Any  state  entity  that  owns  or licenses computerized data that
   15  includes private information shall disclose any breach of  the  security
   16  of  the  system following discovery or notification of the breach in the
   17  security of the system to any resident of New York state  whose  private
   18  information  was,  or is reasonably believed to have been, acquired by a
   19  person without valid authorization. The disclosure shall be made in  the
   20  most  expedient time possible and without unreasonable delay, consistent
   21  with the legitimate needs of law enforcement, as provided in subdivision
   22  four of this section, or any measures necessary to determine  the  scope
   23  of  the  breach and restore the reasonable integrity of the data system.
   24  The state entity shall consult with the state [office of cyber  security
   25  and critical infrastructure coordination] OFFICE OF INFORMATION TECHNOL-
   26  OGY  SERVICES to determine the scope of the breach and restoration meas-
   27  ures.
   28    (a) In the event that any New York residents are to be  notified,  the
   29  state  entity shall notify the state attorney general, the department of
   30  state and the state [office of cyber security and  critical  infrastruc-
   31  ture  coordination]  OFFICE OF INFORMATION TECHNOLOGY SERVICES as to the
   32  timing, content and distribution of the notices and  approximate  number
   33  of  affected  persons. Such notice shall be made without delaying notice
   34  to affected New York residents.
   35    S 6. Paragraph (a) of subdivision 8 of section 899-aa of  the  general
   36  business  law,  as  amended by section 43 of part A of chapter 62 of the
   37  laws of 2011, is amended to read as follows:
   38    (a) In the event that any New York residents are to be  notified,  the
   39  person  or business shall notify the state attorney general, the depart-
   40  ment of state and the DIVISION OF state [office of  cyber  security  and
   41  critical  infrastructure  coordination] POLICE as to the timing, content
   42  and distribution of the  notices  and  approximate  number  of  affected
   43  persons.  Such  notice shall be made without delaying notice to affected
   44  New York residents.
   45    S 7. Any reference to the office of cyber security or to the office of
   46  cyber security and critical infrastructure coordination in the  laws  of
   47  New  York state, executive orders or contracts entered into on behalf of
   48  the state shall be deemed to refer to the office of information technol-
   49  ogy services.
   50    S 8. (a) Notwithstanding any provision of law  to  the  contrary,  any
   51  person  employed  by  the  office of the Medicaid inspector general, the
   52  office of mental health, the office for people with developmental  disa-
   53  bilities,  the department of health and the division of state police and
   54  any person employed in the exempt class positions  of  employee  program
   55  associate, employee program assistant or employee relations associate by
   56  the  governor's  office of employee relations immediately prior to being
       S. 2605--A                         94                         A. 3005--A
    1  transferred to the office of information technology services pursuant to
    2  subdivision 2 of section 70 of the civil service law effective  November
    3  22,  2012  and November 29, 2012, and who, immediately prior thereto was
    4  performing  information technology functions similar to persons employed
    5  in appropriate competitive class positions,  shall  be  given  permanent
    6  competitive  class  rights  and  status  and shall continue to hold such
    7  position in  the  office  of  information  technology  services  without
    8  further  examination.  No  such  employee  transferred  to the office of
    9  information technology services shall be subject to a  new  probationary
   10  term, provided, however, that any employee in probationary status at the
   11  time  of  the  transfer  shall be required to complete that probationary
   12  term at the office of information technology  services  under  the  same
   13  terms  and  conditions  as were applicable to them while employed at the
   14  office of the Medicaid inspector general, the office of  mental  health,
   15  the office for people with developmental disabilities, the department of
   16  health,  the  division  of  state  police  and  the governor's office of
   17  employee relations.
   18    (b) Any employees whose positions are re-classified pursuant  to  this
   19  section  or  section nine or ten of this act shall have seniority rights
   20  on the basis of continuous service  from  the  date  of  their  original
   21  permanent appointment to the classified service or the date of permanent
   22  employment with the office of the Medicaid inspector general, the office
   23  of mental health, the office for people with developmental disabilities,
   24  the  department  of  health  or  the  division of state police. Any such
   25  employees employed by the division of state  police  in  an  appropriate
   26  non-competitive title on a permanent basis, shall also be deemed to have
   27  that period of employment count as permanent competitive service in that
   28  title  for purposes of qualifying for promotional examinations or trans-
   29  fers pursuant to subdivision 6 of section 52 of the  civil  service  law
   30  and subdivision 1 of section 70 of the civil service law.
   31    (c)  No  employee  whose  position  is  re-classified pursuant to this
   32  section or section nine or ten of this act shall suffer a  reduction  in
   33  basic  salary as a result of the re-classification and shall continue to
   34  receive, at a minimum, the salary  that  such  employee  received  while
   35  employed  by the office of the Medicaid inspector general, the office of
   36  mental health, the office for people  with  developmental  disabilities,
   37  the  department  of  health, the division of state police and the gover-
   38  nor's office of employee relations.   The  director  of  the  office  of
   39  information  technology services shall also allow employees of the divi-
   40  sion of state police whose positions are re-classified pursuant to  this
   41  section  or section nine of this act credit for all of the annual leave,
   42  sick leave, or personal leave standing to their credit at  the  time  of
   43  the transfer, but not in excess of the maximum accumulation permitted in
   44  the office of information technology services.
   45    S  9.  Notwithstanding any provision of law to the contrary, the civil
   46  service department may re-classify any person employed in  a  permanent,
   47  classified,  competitive position immediately prior to being transferred
   48  to the office of information technology services effective November  22,
   49  2012  and  November 29, 2012, pursuant to subdivision 2 of section 70 of
   50  the civil service law to align with the duties and  responsibilities  of
   51  their  positions  upon transfer. Permanent employees whose positions are
   52  subsequently re-classified to align with the duties and responsibilities
   53  of their positions upon being transferred to the office  of  information
   54  technology  services  effective November 22, 2012 and November 29, 2012,
   55  pursuant to subdivision 2 of section 70 of the civil service  law  shall
   56  hold  such  positions  without  further  examination  or  qualification.
       S. 2605--A                         95                         A. 3005--A
    1  Notwithstanding any other provision of this  act,  the  names  of  those
    2  competitive  permanent  employees  on  promotion eligible lists in their
    3  former agency or department shall be added and interfiled on a promotion
    4  eligible  list in the new department, as the state civil service depart-
    5  ment deems appropriate.
    6    S 10. Notwithstanding any provision of law to the contrary, the  civil
    7  service  department  may  re-classify  any person employed in the exempt
    8  class positions of employee program associate, employee program  assist-
    9  ant or employee relations associate by the governor's office of employee
   10  relations immediately prior to being transferred to the office of infor-
   11  mation technology services effective November 22, 2012, and November 29,
   12  2012,  pursuant  to subdivision 2 of section 70 of the civil service law
   13  to align with the duties and responsibilities of  their  positions  upon
   14  transfer.  Permanent employees whose positions are subsequently re-clas-
   15  sified to align with the duties and responsibilities of their  positions
   16  upon  being transferred to the office of information technology services
   17  effective November 22, 2012, and November 29, 2012, pursuant to subdivi-
   18  sion 2 of section 70 of the civil service law shall hold such  positions
   19  without further examination or qualification.
   20    S 11. This act shall take effect immediately.
   21                                   PART O
   22    Section  1.  Subdivision  18 of section 2 of the workers' compensation
   23  law is REPEALED.
   24    S 2. Subdivision 9 of section 13-l of the workers'  compensation  law,
   25  as  added  by  chapter  940  of  the laws of 1973, is amended to read as
   26  follows:
   27    9. The [chairman] CHAIR shall appoint for and with jurisdiction in the
   28  entire state of  New  York  a  single  chiropractic  practice  committee
   29  composed  of [one duly licensed physician and two] THREE duly registered
   30  and licensed chiropractors of the state of New York. Each member of said
   31  committee shall receive compensation either on an annual basis or  on  a
   32  per diem basis to be fixed by the [chairman] CHAIR within amounts appro-
   33  priated  therefor.  One of said chiropractic members shall be designated
   34  by the [chairman] CHAIR as a [chairman] CHAIR of said chiropractic prac-
   35  tice committee. No member of said committee  shall  render  chiropractic
   36  treatment under this section nor be employed or accept or participate in
   37  any fee from any insurance company authorized to write [workmen's] WORK-
   38  ERS'  compensation  insurance  in  this  state or from any self-insurer,
   39  whether such employment or fee relates to a [workmen's] WORKERS' compen-
   40  sation claim or otherwise. The [attorney-general] ATTORNEY GENERAL, upon
   41  request, shall advise and assist such committee.
   42    S 3. Subdivision 10 of section 13-m of the workers' compensation  law,
   43  as  added  by  chapter  589  of  the laws of 1989, is amended to read as
   44  follows:
   45    10. The [chairman] CHAIR shall appoint for and  with  jurisdiction  in
   46  the  entire  state  of  New  York a single psychology practice committee
   47  composed of [two] THREE duly registered and licensed  psychologists,  at
   48  least  one  of  whom  shall be a member in good standing of the New York
   49  state psychological association recommended by  the  president  of  such
   50  organization[,  and  one  duly  licensed  physician  of the state of New
   51  York]. Each member of said committee shall receive  compensation  either
   52  on  an annual basis or on a per diem basis to be fixed by the [chairman]
   53  CHAIR within amounts appropriated therefor. One  of  said  psychologists
   54  shall  be  designated  by  the [chairman] CHAIR as a [chairman] CHAIR of
       S. 2605--A                         96                         A. 3005--A
    1  said psychology practice committee. No member of  said  committee  shall
    2  render  psychological treatment under this section nor be an employer or
    3  accept or participate in any fee from any insurance  company  authorized
    4  to write workers' compensation insurance in this state or from any self-
    5  insurer,  whether  such  employment or fee relates to a workers' compen-
    6  sation claim or otherwise. The attorney  general,  upon  request,  shall
    7  advise and assist such committee.
    8    S  4.  Subdivisions 2, 3 and 4 of section 13-g of the workers' compen-
    9  sation law, subdivision 2 as amended by chapter 649 of the laws of 1985,
   10  subdivision 3 as amended by chapter 674 of the laws of 1994, and  subdi-
   11  vision  4  as amended by chapter 639 of the laws of 1996, are amended to
   12  read as follows:
   13    (2) (A) IF THE PARTIES FAIL TO AGREE  TO  THE  VALUE  OF  MEDICAL  AID
   14  RENDERED  UNDER  THIS CHAPTER AND THE AMOUNT OF THE DISPUTED BILL IS ONE
   15  THOUSAND DOLLARS OR LESS, OR IF THE AMOUNT OF THE DISPUTED MEDICAL  BILL
   16  EXCEEDS  ONE  THOUSAND DOLLARS AND THE HEALTH CARE PROVIDER EXPRESSLY SO
   17  REQUESTS, SUCH VALUE SHALL BE DECIDED BY A  SINGLE  ARBITRATOR  PROCESS,
   18  PURSUANT  TO  RULES  PROMULGATED BY THE CHAIR. THE CHAIR SHALL APPOINT A
   19  PHYSICIAN WHO IS A MEMBER IN GOOD STANDING OF THE MEDICAL SOCIETY OF THE
   20  STATE OF NEW YORK TO DETERMINE THE VALUE OF SUCH DISPUTED MEDICAL  BILL.
   21  WHERE  THE  PHYSICIAN  WHOSE CHARGES ARE BEING ARBITRATED IS A MEMBER IN
   22  GOOD STANDING OF THE NEW YORK OSTEOPATHIC SOCIETY,  THE  VALUE  OF  SUCH
   23  DISPUTED  BILL  SHALL  BE DETERMINED BY A MEMBER IN GOOD STANDING OF THE
   24  NEW YORK OSTEOPATHIC SOCIETY APPOINTED BY THE CHAIR. WHERE THE PHYSICIAN
   25  WHOSE CHARGES ARE BEING ARBITRATED IS A MEMBER IN GOOD STANDING  OF  THE
   26  NEW  YORK  HOMEOPATHIC SOCIETY, THE VALUE OF SUCH DISPUTED BILL SHALL BE
   27  DETERMINED BY A MEMBER IN GOOD STANDING  OF  THE  NEW  YORK  HOMEOPATHIC
   28  SOCIETY  APPOINTED  BY  THE  CHAIR.  WHERE THE VALUE OF PHYSICAL THERAPY
   29  SERVICES OR OCCUPATIONAL THERAPY SERVICES IS AT ISSUE, SUCH VALUE  SHALL
   30  BE  DETERMINED BY A MEMBER IN GOOD STANDING OF A RECOGNIZED PROFESSIONAL
   31  ASSOCIATION REPRESENTING ITS RESPECTIVE PROFESSION IN THE STATE  OF  NEW
   32  YORK  APPOINTED BY THE CHAIR.  DECISIONS RENDERED UNDER THE SINGLE ARBI-
   33  TRATOR PROCESS SHALL BE CONCLUSIVE UPON THE PARTIES AS TO THE  VALUE  OF
   34  THE SERVICES IN DISPUTE.
   35    (B)  If  the  parties  fail  to  agree  as to the value of medical aid
   36  rendered under this chapter AND THE AMOUNT OF THE DISPUTED BILL  EXCEEDS
   37  ONE  THOUSAND  DOLLARS,  such  value  shall be decided by an arbitration
   38  committee  [consisting]  UNLESS  THE  HEALTH  CARE  PROVIDER   EXPRESSLY
   39  REQUESTS A SINGLE ARBITRATOR PROCESS IN ACCORDANCE WITH PARAGRAPH (A) OF
   40  THIS  SUBDIVISION. THE ARBITRATION COMMITTEE SHALL CONSIST of one physi-
   41  cian designated by the president of the medical society of the county in
   42  which the medical services were rendered, one physician who is a  member
   43  of  the  medical  society  of  the  state  of New York, appointed by the
   44  employer or carrier, and one physician, also a  member  of  the  medical
   45  society  of  the state of New York, appointed by the [chairman] CHAIR of
   46  the workers' compensation board. [The  majority  decision  of  any  such
   47  committee  shall  be  conclusive upon the parties as to the value of the
   48  services rendered.] If the physician whose charges are being  arbitrated
   49  is  a member in good standing of the New York osteopathic society or the
   50  New York homeopathic society, the members of such arbitration  committee
   51  shall  be  physicians  of  such organization, one to be appointed by the
   52  president of that organization, one by the employer or carrier  and  the
   53  third  by the [chairman] CHAIR of the workers' compensation board. Where
   54  the value of physical therapy services is at issue AND THE AMOUNT OF THE
   55  DISPUTED BILL EXCEEDS ONE THOUSAND DOLLARS,  the  arbitration  committee
   56  shall  consist of a member in good standing of a recognized professional
       S. 2605--A                         97                         A. 3005--A
    1  association representing physical therapists in the state  of  New  York
    2  appointed  by the president of such organization, a physician designated
    3  by the employer or carrier and a physician designated by the  [chairman]
    4  CHAIR  of  the  workers'  compensation  board provided however, that the
    5  [chairman] CHAIR finds that there are a sufficient  number  of  physical
    6  therapy  arbitrations  in  a  geographical area comprised of one or more
    7  counties to warrant a committee so comprised. In all other  cases  where
    8  the value of physical therapy services is at issue AND THE AMOUNT OF THE
    9  DISPUTED  BILL  EXCEEDS  ONE THOUSAND DOLLARS, the arbitration committee
   10  shall be similarly selected and identical in composition, provided  that
   11  the  physical  therapist  member  shall  serve without remuneration, and
   12  provided further that in the event a physical therapist  is  not  avail-
   13  able, the committee shall be comprised of three physicians designated in
   14  the same manner as in cases where the value of medical aid is at issue.
   15    (C)  Where  the value of occupational therapy services is at issue the
   16  arbitration committee shall consist of a member in good  standing  of  a
   17  recognized professional association representing occupational therapists
   18  in  the  state  of New York appointed by the president of such organiza-
   19  tion; a physician designated by the employer or carrier and a  physician
   20  designated  by  the  [chairman] CHAIR of the workers' compensation board
   21  provided, however, that the [chairman] CHAIR  finds  that  there  are  a
   22  sufficient number of occupational therapy arbitrations in a geographical
   23  area  comprised  of  one  or  more  counties  to  warrant a committee so
   24  comprised. In all other cases where the value  of  occupational  therapy
   25  services  is  at  issue  AND THE AMOUNT OF THE DISPUTED BILL EXCEEDS ONE
   26  THOUSAND DOLLARS, the arbitration committee shall be similarly  selected
   27  and  identical  in composition, provided that the occupational therapist
   28  member shall serve without remuneration, and provided  further  that  in
   29  the  event  an  occupational  therapist  is not available, the committee
   30  shall be comprised of three physicians designated in the same manner  as
   31  in cases where the value of medical aid is at issue.  THE MAJORITY DECI-
   32  SION  OF  ANY  SUCH  ARBITRATION  COMMITTEE SHALL BE CONCLUSIVE UPON THE
   33  PARTIES AS TO THE VALUE OF THE SERVICES IN DISPUTE.
   34    (3) (A) IF AN EMPLOYER SHALL HAVE NOTIFIED THE HOSPITAL IN WRITING, AS
   35  PROVIDED IN SUBDIVISION ONE OF THIS SECTION, WHY THE BILL HAS  NOT  BEEN
   36  PAID,  IN  PART  OR  IN FULL, AND THE AMOUNT OF THE DISPUTED BILL IS ONE
   37  THOUSAND DOLLARS OR LESS, OR WHERE THE AMOUNT OF  THE  DISPUTED  MEDICAL
   38  BILL  EXCEEDS  ONE  THOUSAND  DOLLARS  AND  THE  HOSPITAL  EXPRESSLY  SO
   39  REQUESTS, SUCH VALUE SHALL BE DECIDED BY A  SINGLE  ARBITRATOR  PROCESS,
   40  PURSUANT  TO  RULES  PROMULGATED BY THE CHAIR. THE CHAIR SHALL APPOINT A
   41  PHYSICIAN IN GOOD STANDING LICENSED TO PRACTICE IN  NEW  YORK  STATE  TO
   42  DETERMINE THE VALUE OF SUCH DISPUTED BILL.  DECISIONS RENDERED UNDER THE
   43  ADMINISTRATIVE RESOLUTION PROCEDURE SHALL BE CONCLUSIVE UPON THE PARTIES
   44  AS TO THE VALUE OF THE SERVICES IN DISPUTE.
   45    (B)  If  an  employer  shall have notified the hospital in writing, as
   46  provided in subdivision one of this section, why the bill has  not  been
   47  paid,  in  part  or in full, AND THE AMOUNT OF THE DISPUTED BILL EXCEEDS
   48  ONE THOUSAND DOLLARS, the value of such bill shall be determined  by  an
   49  arbitration  committee  appointed  by  the chair for that purpose, which
   50  committee shall consider all of the charges of the hospital, UNLESS  THE
   51  HOSPITAL  EXPRESSLY  REQUESTS  A  SINGLE  ARBITRATOR PROCESS PURSUANT TO
   52  PARAGRAPH (A) OF THIS SUBDIVISION.  The committee shall consist of three
   53  physicians. One member of the committee may be  nominated  [to]  BY  the
   54  chair  [by] UPON RECOMMENDATION OF the president of the hospital associ-
   55  ation of New York state and one member may be nominated by the  employer
   56  or  insurance carrier. The majority decision of any such committee shall
       S. 2605--A                         98                         A. 3005--A
    1  be conclusive upon the parties as to the value of the services rendered.
    2  The chair may make reasonable rules and regulations consistent with  the
    3  provisions of this section.
    4    (4)  A provider initiating an arbitration, INCLUDING A SINGLE ARBITRA-
    5  TOR PROCESS, pursuant to this section shall pay a fee as  determined  by
    6  regulations  promulgated  by  the  chair,  to be used to cover the costs
    7  related to the conduct of such arbitration.  Upon resolution in favor of
    8  such party, the amount due, based upon the bill  in  dispute,  shall  be
    9  increased  by the amount of the fee paid by such party.  Where a partial
   10  award is made, the amount due, based upon the bill in dispute, shall  be
   11  increased  by a part of such fee.  Each member of an arbitration commit-
   12  tee for medical bills, and each member of an arbitration  committee  for
   13  hospital  bills shall be entitled to receive and shall be paid a fee for
   14  each day's attendance at an arbitration session in any one count  in  an
   15  amount fixed by the chair of the workers' compensation board.
   16    S  5.  Subdivision 6 of section 13-k of the workers' compensation law,
   17  as amended by chapter 639 of the laws of 1996, is  amended  to  read  as
   18  follows:
   19    6.  (A)  The provisions of subdivisions one and three of section thir-
   20  teen-g of this article with respect to  the  conditions  under  which  a
   21  hospital,  physician or self-employed physical or occupational therapist
   22  may request payment or arbitration of a bill, or under  which  an  award
   23  may  be  made  for  payment  of  such bill, shall be applicable to bills
   24  rendered by a podiatrist for services rendered to an injured employee.
   25    (B) IF THE PARTIES FAIL TO AGREE AS TO  THE  VALUE  OF  PODIATRY  CARE
   26  RENDERED  UNDER  THIS  CHAPTER  TO  A  CLAIMANT,  AND  THE AMOUNT OF THE
   27  DISPUTED BILL IS ONE THOUSAND DOLLARS OR LESS, OR WHERE  THE  AMOUNT  OF
   28  THE  DISPUTED  BILL  EXCEEDS  ONE  THOUSAND  DOLLARS  AND THE PODIATRIST
   29  EXPRESSLY SO REQUESTS, SUCH VALUE SHALL BE DECIDED BY A SINGLE  ARBITRA-
   30  TOR PROCESS, PURSUANT TO RULES PROMULGATED BY THE CHAIR. THE CHAIR SHALL
   31  APPOINT  A  MEMBER IN GOOD STANDING OF A RECOGNIZED PROFESSIONAL ASSOCI-
   32  ATION REPRESENTING PODIATRISTS IN THE STATE OF NEW YORK TO DETERMINE THE
   33  VALUE OF SUCH DISPUTED BILL. DECISIONS RENDERED UNDER THE  SINGLE  ARBI-
   34  TRATOR  PROCESS  SHALL BE CONCLUSIVE UPON THE PARTIES AS TO THE VALUE OF
   35  THE SERVICES IN DISPUTE.
   36    (C) If the parties fail to agree as to  the  value  of  podiatry  care
   37  rendered under this chapter to a claimant AND THE AMOUNT OF THE DISPUTED
   38  BILL  EXCEEDS ONE THOUSAND DOLLARS AND THE PODIATRIST DOES NOT EXPRESSLY
   39  REQUEST A SINGLE ARBITRATOR PROCESS IN ACCORDANCE WITH PARAGRAPH (B)  OF
   40  THIS  SUBDIVISION, such value shall be decided by an arbitration commit-
   41  tee consisting of three duly registered and licensed podiatrists who are
   42  members of a recognized  professional  association  representing  podia-
   43  trists in the state of New York, one to be appointed by the president of
   44  such  an association, one to be appointed by the employer or carrier and
   45  one to be appointed by the chair of the workers' compensation board  and
   46  the  majority  decision  of  such committee shall be conclusive upon the
   47  parties as to the value of the services rendered.
   48    (D) The board or the chair may make an award  not  in  excess  of  the
   49  established  fee  schedules  for  any  such  bill  or part thereof which
   50  remains unpaid in the same manner as an award for bills  rendered  under
   51  subdivisions  one  and  three of section thirteen-g of this article, and
   52  such award may be collected in  like  manner  as  an  [aware]  AWARD  of
   53  compensation.    Where a podiatrist's bill has been determined to be due
   54  and owing in accordance with the provisions of this  section  the  board
   55  shall  include  in the amount of the award interest of not more than one
   56  and one-half percent (1 1/2%) per month payable  to  the  podiatrist  in
       S. 2605--A                         99                         A. 3005--A
    1  accordance  with the rules and regulations promulgated by the board. The
    2  chair shall assess the sum of fifty dollars  against  the  employer  for
    3  each  such  award  made  by  the board, which sum shall be paid into the
    4  state treasury.
    5    (E)  A  provider  initiating  an arbitration, INCLUDING A SINGLE ARBI-
    6  TRATION PROCESS, pursuant to this section shall pay a fee, as determined
    7  by regulations promulgated by the chair, to be used to cover  the  costs
    8  related  to the conduct of such arbitration. Upon resolution in favor of
    9  such party, the amount due, based upon the bill  in  dispute,  shall  be
   10  increased  by  the amount of the fee paid by such party. Where a partial
   11  award is made, the amount due, based upon the bill in dispute  shall  be
   12  increased  by a part of such fee. Each member of the arbitration commit-
   13  tee shall be entitled to receive and shall be paid a fee for each  day's
   14  attendance  at an arbitration session in an amount fixed by the chair of
   15  the workers' compensation board.
   16    S 6. Subdivision 6 of section 13-l of the workers'  compensation  law,
   17  as  amended  by  chapter  639 of the laws of 1996, is amended to read as
   18  follows:
   19    6. (A) The provisions of subdivisions one and three of  section  thir-
   20  teen-g  of  this  article  with  respect to the conditions under which a
   21  hospital, physician or self-employed physical or occupational  therapist
   22  may  request  payment  or arbitration of a bill, or under which an award
   23  may be made for payment of such  bill,  shall  be  applicable  to  bills
   24  rendered by a chiropractor for services rendered to an injured employee.
   25    (B)  IF THE PARTIES FAIL TO AGREE AS TO THE CHIROPRACTIC CARE RENDERED
   26  UNDER THIS CHAPTER TO A CLAIMANT, AND THE AMOUNT OF THE DISPUTED BILL IS
   27  ONE THOUSAND DOLLARS OR LESS, OR WHERE THE AMOUNT OF THE  DISPUTED  BILL
   28  EXCEEDS ONE THOUSAND DOLLARS AND THE CHIROPRACTOR EXPRESSLY SO REQUESTS,
   29  SUCH  VALUE SHALL BE DECIDED BY A SINGLE ARBITRATOR PROCESS, PURSUANT TO
   30  RULES PROMULGATED BY THE CHAIR. THE CHAIR SHALL APPOINT A MEMBER IN GOOD
   31  STANDING OF A RECOGNIZED PROFESSIONAL  ASSOCIATION  REPRESENTING  CHIRO-
   32  PRACTORS  IN  THE  STATE  OF  NEW  YORK  TO  DETERMINE THE VALUE OF SUCH
   33  DISPUTED BILL. DECISIONS RENDERED UNDER THE  SINGLE  ARBITRATOR  PROCESS
   34  SHALL  BE CONCLUSIVE UPON THE PARTIES AS TO THE VALUE OF THE SERVICES IN
   35  DISPUTE.
   36    (C) If the parties fail to agree as to the chiropractic care  rendered
   37  under  this  chapter  to a claimant, AND THE AMOUNT OF THE DISPUTED BILL
   38  EXCEEDS ONE THOUSAND DOLLARS AND THE  CHIROPRACTOR  DOES  NOT  EXPRESSLY
   39  REQUEST  A SINGLE ARBITRATOR PROCESS IN ACCORDANCE WITH PARAGRAPH (B) OF
   40  THIS SUBDIVISION, such value shall be decided by the chiropractic  prac-
   41  tice  committee  and  the  majority  decision of such committee shall be
   42  conclusive upon the parties as to the value of the services rendered.
   43    (D) The board or the chair may make an award  not  in  excess  of  the
   44  established  fee  schedules  for  any  such  bill  or part thereof which
   45  remains unpaid in the same manner as an award for bills  rendered  under
   46  subdivisions  one  and  three of section thirteen-g of this article, and
   47  such award may be collected in like manner as an award of  compensation.
   48  Where  a  chiropractor's bill has been determined to be due and owing in
   49  accordance with the provisions of this section the board  shall  include
   50  in  the  amount  of the award interest of not more than one and one-half
   51  percent (1 1/2%) per month payable to  the  chiropractor  in  accordance
   52  with the rules and regulations promulgated by the board. The chair shall
   53  assess the sum of fifty dollars against the employer for each such award
   54  made by the board, which sum shall be paid into the state treasury.
   55    (E)  A provider initiating an arbitration, INCLUDING A SINGLE ARBITRA-
   56  TOR PROCESS, pursuant to this section shall pay a fee, as determined  by
       S. 2605--A                         100                        A. 3005--A
    1  regulations  promulgated  by  the  chair,  to be used to cover the costs
    2  related to the conduct of such arbitration. Upon resolution in favor  of
    3  such  party,  the  amount  due, based upon the bill in dispute, shall be
    4  increased  by  the amount of the fee paid by such party. Where a partial
    5  award is made, the amount due, based upon the bill in dispute, shall  be
    6  increased by a part of such fee.
    7    S  7.  Subdivision 7 of section 13-m of the workers' compensation law,
    8  as amended by chapter 674 of the laws of 1994, paragraph (c) as  amended
    9  by chapter 639 of the laws of 1996, is amended to read as follows:
   10    7.  (a)  The provisions of subdivisions one and three of section thir-
   11  teen-g of this article with respect to  the  conditions  under  which  a
   12  hospital,  physician or self-employed physical or occupational therapist
   13  may request payment or arbitration of a bill, or under  which  an  award
   14  may  be  made  for  payment  of  such bill, shall be applicable to bills
   15  rendered by a psychologist for services rendered to an injured employee.
   16    (B) IF THE PARTIES FAIL TO AGREE AS TO THE PSYCHOLOGICAL CARE RENDERED
   17  UNDER THIS CHAPTER TO A CLAIMANT, AND THE AMOUNT OF THE DISPUTED BILL IS
   18  ONE THOUSAND DOLLARS OR LESS, OR WHERE THE AMOUNT OF THE  DISPUTED  BILL
   19  EXCEEDS ONE THOUSAND DOLLARS AND THE PSYCHOLOGIST EXPRESSLY SO REQUESTS,
   20  SUCH  VALUE SHALL BE DECIDED BY A SINGLE ARBITRATOR PROCESS, PURSUANT TO
   21  RULES PROMULGATED BY THE CHAIR. THE CHAIR SHALL APPOINT A MEMBER IN GOOD
   22  STANDING OF A RECOGNIZED PROFESSIONAL ASSOCIATION REPRESENTING  PSYCHOL-
   23  OGISTS  IN THE STATE OF NEW YORK TO DETERMINE THE VALUE OF SUCH DISPUTED
   24  BILL. DECISIONS RENDERED UNDER THE SINGLE ARBITRATOR  PROCESS  SHALL  BE
   25  CONCLUSIVE UPON THE PARTIES AS TO THE VALUE OF THE SERVICES IN DISPUTE.
   26    (C) If the parties fail to agree as to the psychological care rendered
   27  under  this  chapter  to a claimant, AND THE AMOUNT OF THE DISPUTED BILL
   28  EXCEEDS ONE THOUSAND DOLLARS AND THE  PSYCHOLOGIST  DOES  NOT  EXPRESSLY
   29  REQUEST  A SINGLE ARBITRATOR PROCESS IN ACCORDANCE WITH PARAGRAPH (B) OF
   30  THIS SUBDIVISION, such value shall be decided by the psychology practice
   31  committee and the majority decision of such committee shall  be  conclu-
   32  sive upon the parties as to the value of the services rendered.
   33    (D)  The  board  or  the  chair may make an award not in excess of the
   34  established fee schedules for  any  such  bill  or  part  thereof  which
   35  remains  unpaid  in the same manner as an award for bills rendered under
   36  subdivisions one and three of section thirteen-g of  this  article,  and
   37  such  award may be collected in like manner as an award of compensation.
   38  The chair shall assess the sum of fifty dollars against the employer for
   39  each such award made by the board, which sum  shall  be  paid  into  the
   40  state  treasury.   [(b)] Where a psychologist's bill has been determined
   41  to be due and owing in accordance with the provisions  of  this  section
   42  the  board shall include in the amount of the award interest of not more
   43  than one and one-half percent per month payable to the  psychologist  in
   44  accordance with the rules and regulations promulgated by the board.
   45    [(c)]  (E)  A  provider  initiating an arbitration, INCLUDING A SINGLE
   46  ARBITRATOR PROCESS, pursuant to this section shall pay a fee, as  deter-
   47  mined  by  regulations promulgated by the chair, to be used to cover the
   48  costs related to the conduct of such  arbitration.  Upon  resolution  in
   49  favor  of  such  party,  the amount due, based upon the bill in dispute,
   50  shall be increased by the amount of the fee paid by such party. Where  a
   51  partial  award  is made, the amount due, based upon the bill in dispute,
   52  shall be increased by a part of such fee.
   53    S 7-a.  Paragraph (a) of subdivision 6 of section 15 of  the  workers'
   54  compensation  law,  as  amended  by  chapter 689 of the laws of 2007, is
   55  amended to read as follows:
       S. 2605--A                         101                        A. 3005--A
    1    (a) Compensation for permanent or temporary total disability due to an
    2  accident or disablement resulting  from  an  occupational  disease  that
    3  occurs,  (1)  on or after January first, nineteen hundred seventy-eight,
    4  shall not exceed one hundred twenty-five dollars per week,  that  occurs
    5  (2)  on  or  after July first, nineteen hundred seventy-eight, shall not
    6  exceed one hundred eighty dollars per week, that occurs (3) on or  after
    7  January  first,  nineteen  hundred  seventy-nine,  shall  not exceed two
    8  hundred fifteen dollars per week, that  occurs  (4)  on  or  after  July
    9  first,  nineteen  hundred  eighty-three,  shall  not  exceed two hundred
   10  fifty-five dollars per week, that occurs (5) on  or  after  July  first,
   11  nineteen  hundred eighty-four, shall not exceed two hundred seventy-five
   12  dollars per week, that occurs (6)  on  or  after  July  first,  nineteen
   13  hundred  eighty-five,  shall  not exceed three hundred dollars per week,
   14  that occurs (7) on or after July first, nineteen hundred  ninety,  shall
   15  not  exceed  three  hundred  forty  dollars per week; and in the case of
   16  temporary total disability shall not be less  than  thirty  dollars  per
   17  week  and  in  the  case of permanent total disability shall not be less
   18  than twenty dollars per week except that if the employee's wages at  the
   19  time  of  injury are less than thirty or twenty dollars per week respec-
   20  tively, he or she shall receive his or her full weekly wages.    Compen-
   21  sation  for permanent or temporary partial disability due to an accident
   22  or disablement resulting from an occupational disease that occurs (1) on
   23  or after January first, nineteen hundred seventy-eight, shall not exceed
   24  one hundred five dollars per week, that occurs  (2)  on  or  after  July
   25  first, nineteen hundred eighty-three, shall not exceed one hundred twen-
   26  ty-five  dollars per week, that occurs (3) on or after July first, nine-
   27  teen hundred eighty-four,  shall  not  exceed  one  hundred  thirty-five
   28  dollars  per  week,  that  occurs  (4)  on or after July first, nineteen
   29  hundred eighty-five, shall not exceed  one  hundred  fifty  dollars  per
   30  week,  that  occurs (5) on or after July first, nineteen hundred ninety,
   31  shall not exceed two hundred eighty dollars per week; nor be  less  than
   32  twenty dollars per week; except that if the employee's wages at the time
   33  of injury are less than twenty dollars per week, he or she shall receive
   34  his  or  her  full  weekly  wages.   In no event shall compensation when
   35  combined with decreased earnings or earning capacity exceed  the  amount
   36  of  wages  which  the  employee  was  receiving  at  the time the injury
   37  occurred. Compensation for permanent or temporary partial disability, or
   38  for permanent or temporary total disability due to an accident or  disa-
   39  blement  resulting  from  an  occupational disease that occurs (1) on or
   40  after July first, nineteen hundred ninety-one and prior to  July  first,
   41  nineteen  hundred  ninety-two,  shall  not  exceed  three  hundred fifty
   42  dollars per week; (2) on or after July first, nineteen  hundred  ninety-
   43  two,  shall  not  exceed four hundred dollars per week; nor be less than
   44  forty dollars per week except that if the employee's wages at  the  time
   45  of  injury  are  less  than  forty  dollars per week, the employee shall
   46  receive his or her full wages. Compensation for permanent  or  temporary
   47  partial  disability,  or for permanent or temporary total disability due
   48  to an accident or disablement resulting  from  an  occupational  disease
   49  that  occurs  (1)  on  or after July first, two thousand seven shall not
   50  exceed five hundred dollars per week, (2) on or after  July  first,  two
   51  thousand eight shall not exceed five hundred fifty dollars per week, (3)
   52  on  or  after July first, two thousand nine shall not exceed six hundred
   53  dollars per week, and (4) on or after July first, two thousand ten,  and
   54  on  or  after  July first of each succeeding year, shall not exceed two-
   55  thirds of the New York state average weekly wage for the year  in  which
   56  it is reported. Compensation for permanent or temporary partial disabil-
       S. 2605--A                         102                        A. 3005--A
    1  ity,  or  for permanent or temporary total disability due to an accident
    2  or disablement resulting from an occupational disease that occurs on  or
    3  after  July first, two thousand seven shall not be less than one hundred
    4  dollars  per  week  except  that  if the employee's wages at the time of
    5  injury are less than one hundred dollars per week,  the  employee  shall
    6  receive  his or her full wages.  COMPENSATION FOR PERMANENT OR TEMPORARY
    7  PARTIAL DISABILITY, OR FOR PERMANENT OR TEMPORARY TOTAL  DISABILITY  DUE
    8  TO  AN  ACCIDENT  OR  DISABLEMENT RESULTING FROM AN OCCUPATIONAL DISEASE
    9  THAT OCCURS ON OR AFTER MAY FIRST, TWO THOUSAND THIRTEEN  SHALL  NOT  BE
   10  LESS  THAN ONE HUNDRED FIFTY DOLLARS PER WEEK EXCEPT THAT IF THE EMPLOY-
   11  EE'S WAGES AT THE TIME OF INJURY ARE LESS THAN ONE HUNDRED FIFTY DOLLARS
   12  PER WEEK, THE EMPLOYEE SHALL RECEIVE HIS OR HER FULL WAGES. In no  event
   13  shall  compensation  when  combined  with  decreased earnings or earning
   14  capacity exceed the amount of wages the employee was  receiving  at  the
   15  time  the  injury  occurred.  Compensation  for  permanent  or temporary
   16  partial disability, or for permanent or temporary total  disability  due
   17  to  an accident or disablement resulting from an occupational disease or
   18  injury that occurred as a result of World Trade Center  rescue  activity
   19  by  an  employee  of a private voluntary hospital, who passed a physical
   20  examination upon employment as a rescue worker  that  failed  to  reveal
   21  evidence  of  a condition that was the proximate cause of disablement or
   22  occupational disease or injury, shall not  exceed  three-quarters  of  a
   23  claimant's  wage  on  September  eleventh, two thousand one. In no event
   24  shall compensation when combined  with  decreased  earnings  or  earning
   25  capacity  exceed  the  amount  of  wages  the  employee was receiving on
   26  September eleventh, two thousand one.
   27    S 8. Paragraph (h) of subdivision 8 of  section  15  of  the  workers'
   28  compensation  law, as amended by chapter 6 of the laws of 2007, subpara-
   29  graph 4 as amended by section 1 of part QQ of chapter 56 of the laws  of
   30  2009, the opening paragraph and clauses (A) and (B) of subparagraph 4 as
   31  amended  by  section  1 of part G of chapter 57 of the laws of 2011, and
   32  clause (B) of subparagraph 4 as further amended by section 104 of part A
   33  of chapter 62 of the laws of 2011, is amended to read as follows:
   34    (h) Special disability fund. (1) The fund  heretofore  maintained  and
   35  provided  for  by  and  pursuant  to  former  subdivision  eight of this
   36  section, is hereby continued and shall retain the liabilities heretofore
   37  charged or chargeable thereto under the provisions of such former subdi-
   38  vision eight of this section as it existed immediately prior to the time
   39  this subdivision, as hereby added, takes  effect,  and  the  liabilities
   40  chargeable thereto under the provisions of former subdivision eight-a of
   41  this section as added by chapter seven hundred forty-nine of the laws of
   42  nineteen  hundred forty-four and repealed at the same time this subdivi-
   43  sion, as heretofore added,  takes  effect,  and  payments  therefrom  on
   44  account  of such liabilities shall continue to be made as provided here-
   45  in. The said fund shall be known as  the  special  disability  fund  and
   46  shall be available only for the purposes stated in this subdivision, and
   47  the  assets thereof shall not at any time be appropriated or diverted to
   48  any other use or purpose.
   49    (2) (A) No carrier or employer, or the state insurance fund, may  file
   50  a claim for reimbursement from the special disability fund, for an inju-
   51  ry or illness with a date of accident or date of disablement on or after
   52  July  first,  two  thousand  seven. No carrier or employer, or the state
   53  insurance fund, may file a claim  for  reimbursement  from  the  special
   54  disability  fund  after  July  first,  two  thousand ten, and no written
   55  submissions or evidence in support of such  a  claim  may  be  submitted
   56  after that date.
       S. 2605--A                         103                        A. 3005--A
    1    (B)  All  requests  for reimbursement from the special disability fund
    2  with a date of injury or date of disablement prior to  July  first,  two
    3  thousand  seven  as  to  which the board has determined that the special
    4  disability fund is liable must be submitted to  the  special  disability
    5  fund  by  the  later of (i) one year after the expense has been paid, or
    6  (ii) one year from the effective date of this paragraph.
    7    [(C) All claims for reimbursement from  the  special  disability  fund
    8  must  be accompanied by a filing fee of two hundred fifty dollars, to be
    9  deposited in the special disability fund. Upon any final ruling  that  a
   10  claim  is eligible for reimbursement from the fund, the fund will return
   11  two hundred dollars of this fee to the claimant.]
   12    (3) [The chair of the board shall, as soon as practicable after  April
   13  first,  nineteen  hundred  forty-five, assess upon and collect from each
   14  insurance carrier, including the state insurance fund  and  any  county,
   15  city,  town,  village  or  other political subdivision failing to secure
   16  compensation pursuant to subdivision one or two of section fifty of this
   17  chapter, a sum equal to one per centum of the total compensation paid by
   18  such carrier in the year ending March thirty-first  next  preceding  the
   19  date of such assessment.
   20    (4)  As  soon  as  practicable  after  May  first in the year nineteen
   21  hundred fifty-eight, and annually  thereafter  as  soon  as  practicable
   22  after January first in each succeeding year,] EFFECTIVE THE FIRST DAY OF
   23  JANUARY,  TWO  THOUSAND  FOURTEEN, AND ANNUALLY THEREAFTER, the chair of
   24  the board shall [assess upon and] collect from all  [self-insurers,  the
   25  state insurance fund, and all insurance carriers] AFFECTED EMPLOYERS (A)
   26  a  sum  equal  to  one  hundred  fifty  per centum of the total EXPECTED
   27  disbursements made from the special disability fund during the  [preced-
   28  ing  calendar]  year (not including any disbursements made on account of
   29  anticipated liabilities or waiver agreements funded by bond proceeds and
   30  related earnings), less the ESTIMATED amount of the net assets  in  such
   31  fund  EXPECTED  as  of December thirty-first [of said preceding calendar
   32  year,] and (B) a sum sufficient to cover debt  service,  and  associated
   33  costs  (the  "debt  service  assessment") to be paid during the calendar
   34  year by the  dormitory  authority,  as  calculated  in  accordance  with
   35  subparagraph  [five]  FOUR  of this paragraph. Such assessments shall be
   36  [allocated to (i) self-insurers and the state insurance fund based  upon
   37  the proportion that the total compensation payments made by all self-in-
   38  surers  and  the  state  insurance  fund  bore to the total compensation
   39  payments made by all self-insurers, the state insurance  fund,  and  all
   40  insurance  carriers,  and (ii) insurance carriers based upon the propor-
   41  tion that the total compensation payments made by all insurance carriers
   42  bore to the total compensation payments by all self-insurers, the  state
   43  insurance  fund  and all insurance carriers during the fiscal year which
   44  ended within said preceding calendar year.  Insurance carriers and self-
   45  insurers shall be liable for all such assessments regardless of the date
   46  on which they came into existence, or whether they have made  any  claim
   47  for  reimbursement from the special disability fund. The portion of such
   48  sum allocated to self-insurers and the state insurance fund  that  shall
   49  be  collected  from each self-insurer and the state insurance fund shall
   50  be a sum equal to the proportion of the amount which the  total  compen-
   51  sation  payments  of  each such self-insurer or the state insurance fund
   52  bore to the total compensation payments made by  all  self-insurers  and
   53  the  state insurance fund during the fiscal year which ended within said
   54  preceding calendar year. The portion of such sum allocated to  insurance
   55  carriers  that shall be collected from each insurance carrier shall be a
   56  sum equal to that proportion of the  amount  which  the  total  standard
       S. 2605--A                         104                        A. 3005--A
    1  premium by each such insurance carrier bore to the total standard premi-
    2  um  reported  by  all  insurance carriers during the calendar year which
    3  ended within said preceding fiscal year.  The  payments  from  the  debt
    4  service assessment, unless otherwise set forth in the special disability
    5  fund  financing  agreement,  are  hereby  pledged  therefor and shall be
    6  deemed the first monies received on account of assessments in each year.
    7  For the purposes of this paragraph, "standard premium"  shall  mean  the
    8  premium  as  defined  for  the purposes of this assessment by the super-
    9  intendent of financial services, in consultation with the chair  of  the
   10  board  and  the  workers' compensation rating board. An employer who has
   11  ceased to be a self-insurer shall continue to be liable for any  assess-
   12  ments into said fund on account of any compensation payments made by him
   13  or  her  on his or her account during such fiscal year, and the security
   14  fund, created under the provisions of section one hundred seven of  this
   15  chapter, shall, in the event of the insolvency of any insurance company,
   16  be  liable  for  any  assessments that would have been made against such
   17  company except for its insolvency. No assessment shall be  payable  from
   18  the  aggregate trust fund, created under the provisions of section twen-
   19  ty-seven of this article, but such fund shall continue to be liable  for
   20  all  compensation  that shall be payable under any award or order of the
   21  board, the commuted value of which has been paid into such fund.    Such
   22  assessments  when  collected shall be deposited with the commissioner of
   23  taxation and finance for the benefit  of  such  fund.  Unless  otherwise
   24  provided,  such assessments, shall not constitute an element of loss for
   25  the purpose of establishing rates for compensation insurance  but  shall
   26  for  the purpose of collection be treated as separate costs by carriers.
   27  All insurance carriers and the state insurance fund, shall collect  such
   28  assessments,  from  their  policyholders  through  a  surcharge based on
   29  premiums in accordance with rules set forth  by  the  superintendent  of
   30  financial  services  in  consultation with the New York workers' compen-
   31  sation rating board and the chair of the board. Such surcharge shall  be
   32  considered  as part of premium for purposes prescribed by law including,
   33  but not limited to, computing premium tax, reporting to the  superinten-
   34  dent of financial services pursuant to section ninety-nine of this chap-
   35  ter  and  section  three hundred seven of the insurance law, determining
   36  the limitation of expenditures  for  the  administration  of  the  state
   37  insurance  fund pursuant to section eighty-eight of this chapter and the
   38  cancellation by an insurance  carrier,  including  the  state  insurance
   39  fund,  of  a  policy  for non-payment of premium. The provisions of this
   40  paragraph shall not apply with respect to policies  containing  coverage
   41  pursuant to subsection (j) of section three thousand four hundred twenty
   42  of  the  insurance  law relating to every policy providing comprehensive
   43  personal liability insurance on a one, two, three or four family  owner-
   44  occupied  dwelling.   The state insurance fund shall notify its insureds
   45  that such assessments, shall be, for the purpose of recoupment,  treated
   46  as  separate costs, for the purpose of premiums billed on or after Octo-
   47  ber first, nineteen  hundred  ninety-four.  For  the  purposes  of  this
   48  section,  a "self-insurer" shall be: (i) an employer authorized to self-
   49  insure under subdivision three of section fifty of this chapter,  active
   50  groups  authorized  pursuant  to subdivision three-a of section fifty of
   51  this chapter or a group of employers  authorized  to  self-insure  under
   52  paragraph  ten  of subdivision three-a of section fifty of this chapter;
   53  or (ii) a public employer authorized as set  forth  in  paragraph  a  of
   54  subdivision  four  of section fifty of this chapter to self-insure under
   55  subdivision three, three-a or four of such section or  article  five  of
   56  this chapter, whether individually or as a group.
       S. 2605--A                         105                        A. 3005--A
    1    For  the purposes of this paragraph, except as otherwise provided: the
    2  term "insurance carrier" shall include only stock  corporations,  mutual
    3  corporations and reciprocal insurers authorized to transact the business
    4  of  workers' compensation insurance in this state; the term "self-insur-
    5  er"  shall  include  any employer or group of employers permitted to pay
    6  compensation directly under the provisions of subdivision three, three-a
    7  or four of section fifty of this chapter.
    8    The board is hereby authorized to issue credits or refunds  as  neces-
    9  sary, in the case of overpayments made to the fund. An insurance carrier
   10  that  knowingly  underreports  premiums for the purposes of this section
   11  shall be guilty of a class E felony.] INCLUDED IN  THE  ASSESSMENT  RATE
   12  ESTABLISHED PURSUANT TO SUBDIVISION TWO OF SECTION ONE HUNDRED FIFTY-ONE
   13  OF  THIS  CHAPTER.  SUCH ASSESSMENTS SHALL BE DEPOSITED WITH THE COMMIS-
   14  SIONER OF TAXATION AND FINANCE AND TRANSFERRED TO THE  BENEFIT  OF  SUCH
   15  FUND  FOLLOWING  PAYMENT  OF  DEBT SERVICE AND ASSOCIATED COSTS, IF ANY,
   16  PURSUANT TO SECTION ONE HUNDRED FIFTY-ONE OF THIS CHAPTER.
   17    [(5)] (4) (A) The chair and the commissioner of taxation  and  finance
   18  are authorized and directed to enter into a financing agreement with the
   19  dormitory authority, to be known as the "special disability fund financ-
   20  ing agreement." Such agreement shall set forth the process for calculat-
   21  ing the annual debt service of the bonds issued by the dormitory author-
   22  ity  and  any  other  associated  costs.  For  purposes of this section,
   23  "associated costs" may include a coverage factor, reserve fund  require-
   24  ments,  all  costs  of any nature incurred by the dormitory authority in
   25  connection with the  special  disability  fund  financing  agreement  or
   26  pursuant thereto, the operating costs of the waiver agreement management
   27  office,  the  costs  of  any  independent  audits  undertaken under this
   28  section, and any other costs for the implementation of this subparagraph
   29  and the issuance of bonds by the dormitory authority, including interest
   30  rate exchange payments, rebate payments, liquidity fees, credit provider
   31  fees, fiduciary fees, remarketing, dealer,  auction  agent  and  related
   32  fees  and  other similar bond-related expenses, unless otherwise funded.
   33  By January first of each year, the dormitory authority shall provide  to
   34  the  chair  the  calculation  of  the  amount expected to be paid by the
   35  dormitory authority in debt service and associated costs for purposes of
   36  calculating the debt service assessment as  set  forth  in  subparagraph
   37  [four]  THREE  of this paragraph.  All monies received on account of any
   38  assessment under subparagraph [four] THREE of this  paragraph  and  this
   39  subparagraph  shall  be applied in accordance with this subparagraph and
   40  in accordance with the financing agreement  until  the  financial  obli-
   41  gations  of  the dormitory authority in respect to its contract with its
   42  bondholders are met and all associated costs payable  to  the  dormitory
   43  authority  have  been  paid,  notwithstanding any other provision of law
   44  respecting secured transactions. This provision may be included  by  the
   45  dormitory  authority in any contract of the dormitory authority with its
   46  bondholders.
   47    The special disability fund financing agreement may restrict disburse-
   48  ments, investments, or rebates, and may prescribe a system  of  accounts
   49  applicable  to  the  special  disability  fund,  including custody of an
   50  account with a trust indenture trustee that may  be  prescribed  by  the
   51  dormitory  authority  as  part of its contract with the bondholders. For
   52  purposes of this paragraph, the term "bonds" shall include notes  issued
   53  in  anticipation of the issuance of bonds, or notes issued pursuant to a
   54  commercial paper program.
   55    (B) The chair may conduct periodic audits of any EMPLOYER, self-insur-
   56  er, insurance carrier and the state insurance fund concerning any infor-
       S. 2605--A                         106                        A. 3005--A
    1  mation or payment required under this [paragraph] CHAPTER, including any
    2  information relevant to the payment or calculation of  any  assessments.
    3  The  EMPLOYER,  self-insurer,  insurance carrier and the state insurance
    4  fund  shall  provide all necessary documents and information in relation
    5  to an audit in a manner prescribed by the chair. Upon the  determination
    6  of  the  chair  that [a] AN EMPLOYER, self-insurer, insurance carrier or
    7  the state insurance fund has underpaid an assessment as a result of  its
    8  inaccurate  reporting,  the EMPLOYER, self-insurer, insurance carrier or
    9  the state insurance fund upon notice from the chair, shall pay the  full
   10  amount  of  the underpaid assessment, along with interest at the rate of
   11  nine per cent per annum on the unpaid  assessment  due  not  later  than
   12  thirty  days  after such notice.   AN INSURANCE CARRIER OR EMPLOYER THAT
   13  KNOWINGLY MISREPRESENTS INFORMATION FOR  THE  PURPOSE  OF  THIS  SECTION
   14  SHALL BE GUILTY OF A CLASS E FELONY.
   15    [(6)]  (5)  The commissioner of taxation and finance is hereby author-
   16  ized to receive and credit to such special disability fund  any  sum  or
   17  sums  that  may  at  any  time be contributed to the state by the United
   18  States of America under any act of congress, or otherwise, to which  the
   19  state  may  be  or become entitled by reason of any payments made out of
   20  such fund.
   21    [(7)] (6) The commissioner of taxation and finance shall be the custo-
   22  dian of said fund and, unless otherwise  provided  for  in  the  special
   23  disability fund financing agreement, shall invest any surplus or reserve
   24  moneys  thereof  in  securities  which  constitute legal investments for
   25  savings banks under the laws of  this  state  and  in  interest  bearing
   26  certificates  of  deposit of a bank or trust company located and author-
   27  ized to do business in this state or of a national bank located in  this
   28  state  secured by a pledge of direct obligations of the United States or
   29  of the state of New York in an  amount  equal  to  the  amount  of  such
   30  certificates  of  deposit, and may sell any of the securities or certif-
   31  icates of deposit in which such fund is invested if  necessary  for  the
   32  proper  administration  or  in the best interest of such fund. Disburse-
   33  ments from such fund as provided by this subdivision shall  be  made  by
   34  the  commissioner  of  taxation  and finance upon vouchers signed by the
   35  chair of the board unless the  financing  agreement  provides  for  some
   36  other means of authorizing such disbursements that is no less protective
   37  of the fund.
   38    The  commissioner  of taxation and finance, as custodian of such fund,
   39  annually as soon as practicable after January first,  shall  furnish  to
   40  the  chair  of  the workers' compensation board a statement of the fund,
   41  setting forth the balance of moneys in the said fund as of the beginning
   42  of the calendar year, the income of the fund, the  summary  of  payments
   43  out  of  the fund on account of reimbursements and other charges ordered
   44  to be paid by the board, and all other charges  against  the  fund,  and
   45  setting  forth the balance of the fund remaining to its credit on Decem-
   46  ber thirty-first. Such statement shall be open to public  inspection  in
   47  the office of the secretary of the board. The chair, not less than nine-
   48  ty  days  after  the issuance of the dormitory authority's annual audit,
   49  shall furnish to the temporary president of the senate and  the  speaker
   50  of  the assembly the following reports on the special disability fund: a
   51  revenue and operating expense statement;  a  financing  plan;  a  report
   52  concerning  the  assets and liabilities; the number of waiver agreements
   53  entered into by the waiver agreement management office;  the  number  of
   54  claimants  remaining in the fund; the estimated current unfunded liabil-
   55  ity of the fund with respect to such claims; and a debt issuance  report
   56  including  but not limited to (i) pledged assessment revenue and securi-
       S. 2605--A                         107                        A. 3005--A
    1  tization coverage, (ii) debt service  maturities,  (iii)  interest  rate
    2  exchange or similar agreements, and (iv) financing and issuance costs.
    3    The  commissioner  of  taxation  and  finance may establish within the
    4  special disability fund such accounts and  sub-accounts  as  he  or  she
    5  deems useful for the operation of the fund, or as necessary to segregate
    6  moneys  within  the  fund,  subject  to  the provisions of the financing
    7  agreement. The waiver agreement management office, as defined in section
    8  thirty-two of this article, shall make application to  the  chair  on  a
    9  quarterly basis for any administrative costs incurred by the office.
   10    S  9.  Paragraph  (i)  of  subdivision 8 of section 15 of the workers'
   11  compensation law, as amended by chapter 635 of  the  laws  of  1996,  is
   12  amended to read as follows:
   13    (i)  When  an  application  for  apportionment of compensation is made
   14  under this subdivision, the chair of  the  workers'  compensation  board
   15  shall  appoint [a representative of] AN ATTORNEY TO REPRESENT AND DEFEND
   16  such fund in such proceedings[,  but  whenever  it  shall  appear  that,
   17  through  any  committee,  board  or  organization  representative of the
   18  interest of employers  or  insurance  carriers,  an  attorney  has  been
   19  appointed  to  act  for  and  on  behalf of such employers and insurance
   20  carriers generally to represent such fund  in  any  proceedings  brought
   21  hereunder,  the  chair  of  the board may designate such attorney as the
   22  representative of such special disability fund in proceedings  involving
   23  claims  against such fund].  Such [representative] ATTORNEY shall there-
   24  after be given notice of all proceedings involving the rights  or  obli-
   25  gations  of  such fund. Such [representative] ATTORNEY  may apply to the
   26  chair of the board for authority to hire such medical and other  experts
   27  and to defray the expense thereof and of such witnesses as may be neces-
   28  sary  to  a  proper  defense  of  any  claim,  within  an  amount in the
   29  discretion of the chair and, if  authorized,  such  amount  shall  be  a
   30  charge against such special disability fund.
   31    The  provisions  of  this chapter with respect to procedure, except as
   32  may be otherwise provided in this subdivision, and the right  of  appeal
   33  shall  be preserved to the claimant and to the employer or his insurance
   34  carrier and to such fund through its [representative  and]  attorney  as
   35  herein provided.
   36    S 10. Section 23 of the workers' compensation law, as amended by chap-
   37  ter 6 of the laws of 2007, is amended to read as follows:
   38    S  23.  Appeals.  An award or decision of the board shall be final and
   39  conclusive upon all questions within its jurisdiction,  as  against  the
   40  state fund or between the parties, unless reversed or modified on appeal
   41  therefrom  as  hereinafter  provided.  Any  party may within thirty days
   42  after notice of the filing of an award or decision of  a  referee,  file
   43  with  the  board an application in writing for a modification or rescis-
   44  sion or review of such award or decision, as provided in  this  chapter.
   45  The board shall render its decision upon such application in writing and
   46  shall include in such decision a statement of the facts which formed the
   47  basis  of its action on the issues raised before it on such application.
   48  Within thirty days after notice of the decision of the board  upon  such
   49  application  has  been  served  upon  the parties, or within thirty days
   50  after notice of an administrative redetermination review decision by the
   51  chair pursuant to subdivision five of  section  fifty-two,  section  one
   52  hundred  thirty-one  or  section one hundred forty-one-a of this chapter
   53  has been served upon any party in interest, an appeal may be taken ther-
   54  efrom to the appellate division of the supreme court, third  department,
   55  by  any  party  in  interest, including an employer insured in the state
   56  fund; provided, however, that [if the decision or determination was that
       S. 2605--A                         108                        A. 3005--A
    1  of a panel of the board and there was a dissent from  such  decision  or
    2  determination  other  than a dissent the sole basis of which is to refer
    3  the case to an impartial specialist,] any party in interest  may  within
    4  thirty  days  after  notice  of the filing of the board panel's decision
    5  with the secretary of the board, make application in writing for  review
    6  thereof  by  the  full  board,  [and]  RAISING ARGUMENTS RELATIVE TO THE
    7  ALLEGED DEFICIENCIES OF THE BOARD PANEL DECISION.  IF  THE  DECISION  OR
    8  DETERMINATION  WAS  THAT OF A PANEL OF THE BOARD AND THERE WAS A DISSENT
    9  FROM SUCH DECISION OR DETERMINATION OTHER THAN A DISSENT THE SOLE  BASIS
   10  OF WHICH IS TO REFER THE CASE TO AN IMPARTIAL SPECIALIST, the full board
   11  shall  review  and  affirm,  modify or rescind such decision or determi-
   12  nation in the same manner as herein above provided for an award or deci-
   13  sion of a referee.  IF THE DECISION OR DETERMINATION WAS THAT OF A UNAN-
   14  IMOUS PANEL OF THE BOARD, OR THERE WAS A DISSENT FROM SUCH  DECISION  OR
   15  DETERMINATION  THE SOLE BASIS OF WHICH IS TO REFER THE CASE TO AN IMPAR-
   16  TIAL SPECIALIST, THE CHAIR AND  OR  THE  FULL  BOARD  MAY  IN  ITS  SOLE
   17  DISCRETION  REVIEW AND AFFIRM, MODIFY OR RESCIND SUCH DECISION OR DETER-
   18  MINATION IN THE SAME MANNER AS HEREIN ABOVE PROVIDED  FOR  AN  AWARD  OR
   19  DECISION  OF  A  REFEREE.  Failure to apply for review by the full board
   20  shall not bar any party in interest from taking an  appeal  directly  to
   21  the  court  as  above  provided.   The board may also, in its discretion
   22  certify to such appellate division of the supreme  court,  questions  of
   23  law involved in its decision. Such appeals and the question so certified
   24  shall  be  heard  in a summary manner and shall have precedence over all
   25  other civil cases in such court. The board shall be deemed  a  party  to
   26  every such appeal from its decision upon such application, and the chair
   27  shall  be  deemed  a  party  to every such appeal from an administrative
   28  redetermination review decision pursuant to subdivision five of  section
   29  fifty-two  of  this  chapter.  The  attorney general shall represent the
   30  board and the chair thereon. An appeal may also be taken to the court of
   31  appeals in the same manner and  subject  to  the  same  limitations  not
   32  inconsistent  herewith  as is now provided in the civil practice law and
   33  rules. It shall not be necessary to file exceptions to  the  rulings  of
   34  the  board.  An  appeal  to the appellate division of the supreme court,
   35  third department, or to the court of appeals, shall  not  operate  as  a
   36  stay  of  the payment of compensation required by the terms of the award
   37  or of the payment of the cost of such medical, dental, surgical, optome-
   38  tric or other attendance, treatment, devices, apparatus or other  neces-
   39  sary items the employer is required to provide pursuant to section thir-
   40  teen  of  this  article which are found to be fair and reasonable. Where
   41  such award is modified or rescinded upon appeal, the appellant shall  be
   42  entitled  to reimbursement in a sum equal to the compensation in dispute
   43  paid to the respondent in addition to a sum equal to the  cost  of  such
   44  medical,  dental,  surgical,  optometric or other attendance, treatment,
   45  devices, apparatus or other necessary items the employer is required  to
   46  provide  pursuant to section thirteen of this article paid by the appel-
   47  lant pending adjudication of the appeal.  Such  reimbursement  shall  be
   48  paid  from  administration  expenses  as provided in section one hundred
   49  fifty-one of this chapter upon audit and warrant of the comptroller upon
   50  vouchers approved by the chair. Where  such  award  is  subject  to  the
   51  provisions  of section twenty-seven of this article, the appellant shall
   52  pay directly to the claimant all compensation as it becomes  due  during
   53  the  pendency  of  the  appeal, and upon affirmance shall be entitled to
   54  credit for such payments. Neither the chair, the board, the  commission-
   55  ers  of  the  state insurance fund nor the claimant shall be required to
   56  file a bond upon an appeal to the court of appeals. Upon final  determi-
       S. 2605--A                         109                        A. 3005--A
    1  nation  of such an appeal, the board or chair, as the case may be, shall
    2  enter an order in accordance therewith. Whenever a notice of  appeal  is
    3  served  or an application made to the board by the employer or insurance
    4  carrier  for a modification or rescission or review of an award or deci-
    5  sion, and the board shall find that such notice of appeal was served  or
    6  such  application  was  made  for the purpose of delay or upon frivolous
    7  grounds, the board shall impose a penalty in the amount of five  hundred
    8  dollars  upon  the employer or insurance carrier, which penalty shall be
    9  added to the compensation  and  paid  to  the  claimant.  The  penalties
   10  provided  herein  shall  be  collected in like manner as compensation. A
   11  party against whom an award of compensation shall  be  made  may  appeal
   12  from  a  part  of such award. In such a case the payment of such part of
   13  the award as is not appealed from shall not prejudice any rights of such
   14  party on appeal, nor be taken as an admission against  such  party.  Any
   15  appeal  by  an  employer  from  an administrative redetermination review
   16  decision pursuant to subdivision five of section fifty-two of this chap-
   17  ter shall in no way serve to relieve the employer from the obligation to
   18  timely pay compensation and benefits  otherwise  payable  in  accordance
   19  with the provisions of this chapter.
   20    Nothing  [herein]  contained  IN  THIS  SECTION  shall be construed to
   21  inhibit the continuing jurisdiction of the board as provided in  section
   22  one hundred twenty-three of this chapter.
   23    S  11.  Paragraph (d) of subdivision 2-c of section 25 of the workers'
   24  compensation law, as added by chapter  491  of  the  laws  of  1995,  is
   25  amended to read as follows:
   26    (d)  The  determination  of  an  arbitrator or mediator pursuant to an
   27  alternative dispute resolution procedure pertaining to the resolution of
   28  claims arising under this chapter shall not be reviewable by  the  work-
   29  ers'  compensation  board,  and  the  venue for any appeal shall be to a
   30  court of competent jurisdiction in accordance with section  twenty-three
   31  of  this chapter AND THE STANDARD OF REVIEW SHALL BE THE SAME AS FOR ANY
   32  OTHER WORKERS' COMPENSATION CASE ON APPEAL.
   33    S 12. The opening paragraph of subdivision 2 of  section  142  of  the
   34  workers'  compensation  law,  as  amended  by chapter 608 of the laws of
   35  1989, is amended to read as follows:
   36    Any review, hearing, rehearing, inquiry or investigation  required  or
   37  authorized  to  be  conducted or made by the workers' compensation board
   38  may be conducted or made by any panel of the  board  consisting  of  not
   39  less  than  three  members  thereof, and the order, decision or determi-
   40  nation of a majority of the members of  a  panel  shall  be  deemed  the
   41  order,  decision  or  determination of the board from the date of filing
   42  thereof with the secretary of the board, unless the  board  on  its  own
   43  motion, or on application by a party in interest for a full board review
   44  MADE  IN  ACCORDANCE  WITH  SECTION  TWENTY-THREE OF THIS CHAPTER, shall
   45  modify or rescind such order, decision or determination.    Four  panels
   46  shall  be  constituted  at  all  times,  and  the chair shall assign the
   47  members to the panels upon which they shall serve. At least  one  member
   48  on  each  panel  shall  be  an  attorney  and counsellor-at-law, but the
   49  absence of an attorney on any panel  shall  not  invalidate  the  order,
   50  decision  or  determination of a majority of the members of the panel if
   51  at least two affirmative votes are cast in favor  of  such  action.  The
   52  panels  shall  be  constituted  so  that  the members of the board shall
   53  alternate in their periods  of  service  together  thereon.  Whenever  a
   54  number  of  proceedings remains pending before the board for a period in
   55  excess of thirty days, members of the  board  shall  hold  hearings  and
   56  otherwise  act  in  the  discharge of their duties evenings and at other
       S. 2605--A                         110                        A. 3005--A
    1  convenient times on all days of the week except Sundays, in addition  to
    2  the times when they would perform such duties in the ordinary conduct of
    3  the  business  of  the board, in order to expedite the disposal thereof.
    4  The  chair  may  and shall, when directed by the governor, prescribe the
    5  hours and the times for such  additional  performance  of  duty  by  the
    6  members of the board and the period or periods for the continuance ther-
    7  eof.
    8    S  13. Subdivisions 1, 3 and 5 of section 25-a of the workers' compen-
    9  sation law, subdivisions 1 and 5 as amended by chapter 113 of  the  laws
   10  of  1946, subdivision 3 as amended by chapter 6 of the laws of 2007, and
   11  the second and third undesignated paragraphs of subdivision 3 as further
   12  amended by section 104 of part A of chapter 62 of the laws of 2011,  are
   13  amended to read as follows:
   14    1.  Notwithstanding other provisions of this chapter, when an applica-
   15  tion for compensation is made by an employee or for  death  benefits  in
   16  behalf  of  the  dependents of a deceased employee, and the employer has
   17  secured the payment of compensation in accordance with section fifty  of
   18  this  chapter,  (1)  after  a  lapse of seven years from the date of the
   19  injury or death and claim for compensation previously  has  been  disal-
   20  lowed  or  claim  has  been  otherwise  disposed  of without an award of
   21  compensation, or (2) after a lapse of seven years from the date  of  the
   22  injury  or  death  and  also a lapse of three years from the date of the
   23  last payment of compensation, or (3)  where  death  resulting  from  the
   24  injury shall occur after the time limited by the foregoing provisions of
   25  (1)  or (2) shall have elapsed, subject to the provisions of section one
   26  hundred [and] twenty-three of this  chapter,  testimony  may  be  taken,
   27  either directly or through a referee and if an award is made it shall be
   28  against  the  special fund provided by this section. Such an application
   29  for compensation or death benefits must be made on a form prescribed  by
   30  the [chairman] CHAIR for that purpose and must, if a change in condition
   31  is  claimed,  be  accompanied  by  a verified medical or surgical report
   32  setting forth facts on which the board may order a hearing.
   33    1-A. Any award which shall be made against such special fund after the
   34  effective date of this act upon such an application for compensation  or
   35  death  benefits  shall  not be retroactive for a period of disability or
   36  for death benefits longer than the two years immediately  preceding  the
   37  date  of  filing  of such application.  NO APPLICATION BY A SELF-INSURED
   38  EMPLOYER OR AN INSURANCE CARRIER FOR TRANSFER OF LIABILITY OF A CLAIM TO
   39  THE FUND FOR REOPENED CASES SHALL BE ACCEPTED BY THE BOARD ON  OR  AFTER
   40  THE  FIRST  DAY  OF JANUARY, TWO THOUSAND FOURTEEN EXCEPT THAT THE BOARD
   41  MAY MAKE A FINDING AFTER SUCH DATE PURSUANT TO SECTION  TWENTY-THREE  OF
   42  THIS ARTICLE UPON A TIMELY APPLICATION FOR REVIEW.
   43    3. Any awards so made shall be payable out of the special fund hereto-
   44  fore  created for such purpose, which fund is hereby continued and shall
   45  be known as the fund for reopened cases. The employer, or,  if  insured,
   46  his  insurance  carrier  shall  pay  into  such fund, or, in the case of
   47  awards made on or after July first, nineteen hundred sixty-nine,  either
   48  into  such  fund  or the uninsured employers' fund under section twenty-
   49  six-a of this article in accordance with  the  provisions  thereof,  for
   50  every  case of injury causing death for which there are no persons enti-
   51  tled to compensation the sum of three hundred dollars where such  injury
   52  occurred  prior to July first, nineteen hundred forty and the sum of one
   53  thousand dollars where such injury shall occur on or after said date and
   54  prior to April first,  nineteen  hundred  forty-five,  and  the  sum  of
   55  fifteen  hundred dollars where such injury shall occur on or after April
   56  first, nineteen hundred forty-five and prior to September  first,  nine-
       S. 2605--A                         111                        A. 3005--A
    1  teen  hundred  seventy-eight and the sum of three thousand dollars where
    2  such injury shall occur on or after September  first,  nineteen  hundred
    3  seventy-eight, and in each case of death resulting from injury sustained
    4  on  or  after  July first, nineteen hundred forty and prior to September
    5  first, nineteen hundred seventy-eight, where there are persons  entitled
    6  to  compensation  but the total amount of such compensation is less than
    7  two thousand dollars exclusive of funeral benefits, the employer, or, if
    8  insured, his insurance carrier, shall pay into such  fund,  or,  in  the
    9  case  of awards made on or after July first, nineteen hundred sixty-nine
   10  and prior to September first,  nineteen  hundred  seventy-eight,  either
   11  into  such  fund  or the uninsured employers' fund under section twenty-
   12  six-a of this article in accordance with  the  provisions  thereof,  the
   13  difference between the sum of two thousand dollars and the compensation,
   14  exclusive  of funeral benefits, and in each case of death resulting from
   15  injury sustained on or after September first, nineteen hundred  seventy-
   16  eight, the employer, or if insured, his insurance carrier shall pay into
   17  such fund or the uninsured employers' fund under section twenty-six-a of
   18  this  article  in accordance with the provisions thereof, the difference
   19  between the sum of five thousand dollars and the compensation, exclusive
   20  of funeral benefits actually paid  to  or  for  the  dependents  of  the
   21  deceased  employee  together with any expense charge required by section
   22  twenty-seven of this article; provided, however, that where death  shall
   23  occur  subsequent  to  the  periods  limited  by subdivision one of this
   24  section no payment into such  special  fund  nor  to  the  special  fund
   25  provided  by  subdivision  nine  of section fifteen nor to the uninsured
   26  employers' fund provided by section twenty-six-a of this  article  shall
   27  be  required.  In addition to the assessments made against all insurance
   28  carriers for the expenses of administering  this  chapter  provided  for
   29  under  the  provisions of section one hundred fifty-one of this chapter,
   30  and the payments above provided,  the  employer,  or,  if  insured,  his
   31  insurance  carrier, shall pay the sum of five dollars into said fund for
   32  each case in which an award is made pursuant to the provisions of  para-
   33  graphs  a to s inclusive of subdivision three of section fifteen of this
   34  chapter, by reason of injury  sustained  between  July  first,  nineteen
   35  hundred forty and June thirtieth, nineteen hundred forty-two, both dates
   36  inclusive,  and  the  sum of ten dollars for each such case by reason of
   37  injury sustained between July first, nineteen hundred forty-two and June
   38  thirtieth, nineteen hundred fifty, both dates inclusive,  which  payment
   39  shall  be  in  addition  to  any  payment of compensation to the injured
   40  employee as provided in this chapter.
   41    There shall be maintained in the special fund at all times  assets  at
   42  least  equal  in  value  to  the  sum of (1) the value of awards charged
   43  against such fund, (2) the value of all claims that have  been  reopened
   44  by  the  board as a charge against such fund but as to which awards have
   45  not yet been made, (3) effective January first, nineteen hundred  seven-
   46  ty-one,  the  VALUE  OF total supplemental benefits TO BE paid from such
   47  fund as reimbursement pursuant  to  subdivision  nine  of  this  section
   48  [during  the  calendar  year  immediately  preceding], and (4) a reserve
   49  equal to ten per cent of the sum of items (1) [and], (2) AND (3) of this
   50  paragraph. [For the purpose of accumulating funds  for  the  payment  of
   51  supplemental  benefits pursuant to subdivision nine of this section, the
   52  chairman shall impose against all carriers an assessment in the  sum  of
   53  five  million  dollars  to  be  collected  in the respective proportions
   54  established in the fiscal year commencing April first, nineteen  hundred
   55  sixty-eight,  under  the  provisions of section one hundred fifty-one of
   56  this chapter for each carrier.] Annually, as soon as  practicable  after
       S. 2605--A                         112                        A. 3005--A
    1  January  first  in  each  year, the [chairman] CHAIR shall ascertain the
    2  condition of the fund and whenever  the  assets  shall  fall  below  the
    3  prescribed minimum as herein provided the [chairman] CHAIR shall [assess
    4  and] collect [from all insurance carriers, in the respective proportions
    5  established in the prior fiscal year under the provisions of section one
    6  hundred  fifty-one  of  this chapter for each carrier,] an amount suffi-
    7  cient to restore the fund  to  the  prescribed  minimum.  [The  chairman
    8  before making an assessment as provided in this section shall give thir-
    9  ty  days'  notice to the representative of the fund, designated pursuant
   10  to subdivision five of this section, that an itemized statement  of  the
   11  condition  of the fund is open for his inspection. The superintendent of
   12  financial services may examine into the condition of  the  fund  at  any
   13  time  on  his  own initiative or on request of the chairman or represen-
   14  tative of the fund.
   15    Such assessment and the payments made into said fund shall not consti-
   16  tute an element of loss for the purpose of establishing rates for  work-
   17  ers'  compensation  insurance as provided in the insurance law but shall
   18  for the purpose of recoupment be treated as separate costs by  carriers.
   19  Carriers  shall  assess  such costs on their policyholders in accordance
   20  with rules set forth by the New York workers' compensation rating board,
   21  as approved by the superintendent of financial services.] COMMENCING  ON
   22  THE  FIRST  OF JANUARY, TWO THOUSAND FOURTEEN, THE AMOUNT COLLECTED FROM
   23  ALL EMPLOYERS REQUIRED TO OBTAIN WORKERS' COMPENSATION COVERAGE TO MAIN-
   24  TAIN THE FINANCIAL INTEGRITY OF THE FUND MAY BE PAID OVER  A  PERIOD  OF
   25  TIME AT THE DISCRETION OF THE CHAIR BASED UPON AN ANALYSIS OF THE FINAN-
   26  CIAL  CONDITION  OF  THE FUND.   SUCH PAYMENT AS DETERMINED BY THE CHAIR
   27  SHALL BE INCLUDED IN THE ASSESSMENT RATE ESTABLISHED PURSUANT TO  SUBDI-
   28  VISION  TWO  OF SECTION ONE HUNDRED FIFTY-ONE OF THIS CHAPTER. THE CHAIR
   29  SHALL PROMULGATE REGULATIONS TO ADMINISTER CLAIMS  WHOSE  LIABILITY  HAS
   30  BEEN  TRANSFERRED  TO  THE FUND FOR REOPENED CASES. SUCH REGULATIONS MAY
   31  INCLUDE EXERCISE OF THE CHAIR'S AUTHORITY TO ADMINISTER EXISTING CLAIMS,
   32  TO PROCURE MANAGEMENT FOR THOSE CLAIMS, OR TO SELL SUCH LIABILITY.   THE
   33  CHAIR  MAY  EXAMINE INTO THE CONDITION OF THE FUND AT ANY TIME ON HIS OR
   34  HER OWN INITIATIVE OR ON REQUEST OF THE ATTORNEY OF THE FUND.
   35    The provisions of this subdivision shall not  apply  with  respect  to
   36  policies  containing  coverage  pursuant  to section thirty-four hundred
   37  twenty of the insurance law relating to every policy  providing  compre-
   38  hensive personal liability insurance on a one, two, three or four family
   39  owner-occupied dwelling.
   40    5. [When an application] FOR APPLICATIONS BY SELF-INSURED EMPLOYERS OR
   41  INSURANCE  CARRIERS FOR TRANSFER OF LIABILITY for compensation [is made]
   42  TO THE FUND FOR REOPENED CASES under this section, RECEIVED BY THE BOARD
   43  PRIOR TO THE FIRST DAY OF JANUARY, TWO THOUSAND FOURTEEN, the [chairman]
   44  CHAIR shall appoint [a representative of such fund] AN ATTORNEY in  such
   45  proceedings [and, insofar as practicable, such representative shall be a
   46  person  designated  by the employer originally liable for the payment of
   47  compensation, or his insurance carrier, but whenever it shall appear  to
   48  the chairman that through any committee, board or organization or repre-
   49  sentative of the interest of the insurance carriers an attorney has been
   50  appointed  to act for and on behalf of such carriers generally to repre-
   51  sent such fund in any proceedings brought hereunder, the chairman  shall
   52  designate  such attorney as the representative of the] TO REPRESENT SUCH
   53  fund in proceedings brought to enforce a claim against such  fund.  Such
   54  [representative] ATTORNEY may apply to the [chairman] CHAIR for authori-
   55  ty to hire such medical or other experts and to defray the expense ther-
   56  eof  and  of  such witnesses as are necessary to a proper defense of the
       S. 2605--A                         113                        A. 3005--A
    1  application within an amount in the discretion of the  [chairman]  CHAIR
    2  and,  if  authorized,  it  shall  be  a  charge against the special fund
    3  provided herein.
    4    S 14. Subdivision 1 of section 27 of the workers' compensation law, as
    5  amended  by  chapter  192  of  the  laws  of 1949, is amended to read as
    6  follows:
    7    1. All payments made into the fund pursuant to the provisions of  this
    8  section  shall constitute an indivisible and aggregate trust fund except
    9  as hereinafter provided.  NOTWITHSTANDING ANY OTHER PROVISIONS  OF  THIS
   10  CHAPTER,  THE BOARD SHALL NOT DIRECT A MANDATORY DEPOSIT ON OR AFTER THE
   11  EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH
   12  AMENDED THIS SUBDIVISION.  THE CARRIER SHALL MAKE  A  MANDATORY  DEPOSIT
   13  INTO  THE FUND AS DIRECTED IN A BOARD DECISION FILED PRIOR TO THE EFFEC-
   14  TIVE DATE OF THE CHAPTER OF THE LAWS  OF  TWO  THOUSAND  THIRTEEN  WHICH
   15  AMENDED  THIS  SUBDIVISION,  IN  THE  AMOUNT SET FORTH IN A SUPPLEMENTAL
   16  BOARD DECISION OF ANY DATE. THE CARRIER IS RESPONSIBLE FOR  PAYMENTS  TO
   17  THE CLAIMANT AS DIRECTED UNTIL THE DEPOSIT IS MADE INTO THE FUND. IF THE
   18  INSURANCE CARRIER SHALL FAIL TO MAKE A TIMELY MANDATORY DEPOSIT INTO THE
   19  FUND  THE  CHAIR  MAY  IMPOSE  A  PENALTY EQUAL TO TWENTY PERCENT OF THE
   20  UNPAID MANDATORY DEPOSIT AMOUNT WHICH SHALL BE PAID TO THE INJURED WORK-
   21  ER OR HIS OR HER DEPENDENTS, AND THERE SHALL ALSO BE IMPOSED AN  ASSESS-
   22  MENT OF FIFTY DOLLARS, WHICH SHALL BE PAID INTO THE STATE TREASURY.
   23    S  15. Subdivision 7 of section 27 of the workers' compensation law is
   24  REPEALED and a new subdivision 7 is added to read as follows:
   25    7. FOR THE PURPOSES OF INSURING THE SOLVENCY OF  THE  AGGREGATE  TRUST
   26  FUND  SUBSEQUENT TO THE FIRST DAY OF JANUARY, TWO THOUSAND FOURTEEN, THE
   27  CHAIR MAY INCLUDE IN ITS COLLECTION OF ADMINISTRATION EXPENSES  PURSUANT
   28  TO SECTION ONE HUNDRED FIFTY-ONE OF THIS CHAPTER SUCH ADDITIONAL ASSESS-
   29  MENT  NECESSARY  TO  ENABLE  THE  AGGREGATE TRUST FUND TO MEET ITS OBLI-
   30  GATIONS UNDER THIS SECTION FOR A PERIOD OF TIME NOT TO EXTEND TEN  YEARS
   31  FROM  THE  EFFECTIVE  DATE  OF  THIS  SUBDIVISION. IN THE EVENT THAT THE
   32  AGGREGATE TRUST FUND DOES NOT HAVE THE ASSETS  SUFFICIENT  TO  MEET  ITS
   33  OBLIGATIONS  AFTER  SUCH  TEN YEAR PERIOD, THE FINANCIAL SHORTFALL SHALL
   34  BECOME THE LIABILITY OF THE WORKERS' COMPENSATION SECURITY FUND PURSUANT
   35  TO THE PROVISIONS OF SECTION ONE HUNDRED NINE-C OF THIS CHAPTER.
   36    S 16. Subdivision (e) of section 32 of the workers' compensation  law,
   37  as  added  by  chapter  6  of  the  laws  of 2007, is amended to read as
   38  follows:
   39    (e) The chair shall establish an office under his or  her  supervision
   40  to  be  known  as the "waiver agreement management office," to negotiate
   41  and seek board approval for waiver agreements on behalf of  the  special
   42  disability  fund. The office shall operate in accordance with guidelines
   43  or directives that the chair may issue, as approved by the special disa-
   44  bility fund advisory committee, or in the absence of such guidelines  or
   45  directives,  using such discounting factors as the office determines are
   46  in the financial interest of the special  disability  fund.  The  waiver
   47  agreement management office on behalf of the special disability fund may
   48  enter  into  a  waiver  agreement  with a claimant only when the special
   49  disability fund has been found liable by  the  board  to  reimburse  the
   50  claimant's  employer,  insurance  carrier  or  the state insurance fund.
   51  Notwithstanding any other provisions of law, no consultation or approval
   52  of any employer, insurance carrier, self-insurer[,] OR the state  insur-
   53  ance  fund[,  or  the  special  funds  conservation  committee] shall be
   54  required before such office may enter  into  any  waiver  agreement,  or
   55  before  the  board  may approve such waiver agreement. The chair may, in
   56  his or her discretion, and as approved by the  special  disability  fund
       S. 2605--A                         114                        A. 3005--A
    1  advisory  committee,  terminate  the  operation  of the waiver agreement
    2  management office, if he or she believes it no longer serves the  inter-
    3  est of the special disability fund.
    4    S  17.    Clause 2 of subparagraph (a) of  paragraph 10 of subdivision
    5  3-a of section 50 of the workers' compensation law, as added by  section
    6  4  of  part  G  of chapter 57 of the laws of 2011, is amended to read as
    7  follows:
    8    (2) The members of the group, through the administrator,  (a)  jointly
    9  deposit  sufficient  securities  in accordance with subdivision three of
   10  this section [as] OR IN A TRUST GOVERNED IN ACCORDANCE WITH PART 126  OF
   11  TITLE  11  OF  THE  NEW YORK CODE OF RULES AND REGULATIONS to secure the
   12  liability of the members of the group to pay  for  all  existing  claims
   13  obligations,  provided such deposit shall be made by November first, two
   14  thousand eleven, (b) jointly deposit sufficient securities in accordance
   15  with subdivision three of this section [as] OR IN A  TRUST  GOVERNED  IN
   16  ACCORDANCE  WITH  PART 126 OF TITLE 11 OF THE NEW YORK CODE OF RULES AND
   17  REGULATIONS to secure all anticipated present and future claims  of  the
   18  members of the group, by November first, two thousand fourteen, provided
   19  annual  deposits are made in accordance with a schedule set by the chair
   20  on or before November first of each year, and provided that the  deposit
   21  shall be deemed an asset of the group for the purpose of determining its
   22  funding status, and (c) by November first, two thousand eleven and ther-
   23  eafter,  shall  maintain  funds  sufficient  for  all  other liabilities
   24  besides claims[, including reserves for all assessment liabilities,]  in
   25  a trust governed in accordance with Part 126 of title 11 of the New York
   26  code  of  rules  and  regulations,  of which the board shall be the sole
   27  beneficiary, and the terms of the  trust  agreement,  and  the  trustee,
   28  shall  be  approved  by  the  chair  in  his or her sole discretion, and
   29  provided that any group self-insurer that does not hold such funds in  a
   30  trust  that  meets  the terms of this paragraph shall post them with the
   31  board;
   32    S 18. Section 50-a of the workers' compensation law, as added by chap-
   33  ter 139 of the laws of 2008, subdivision 2 as amended by  section  1  of
   34  part R of chapter 56 of the laws of 2010 and subdivision 3 as amended by
   35  section  1  of  part  R of chapter 55 of the laws of 2012, is amended to
   36  read as follows:
   37    S 50-a. [Group self-insurer default] SELF-INSURER offset fund. 1.  The
   38  chair shall [create] MAINTAIN a fund to be known as the [group] self-in-
   39  surer  [default]  offset  fund  and  such fund shall be held in the sole
   40  custody of the chair. The chair may transfer the money in such  fund  to
   41  the  administrative  account  as  necessary to effectuate the purpose of
   42  this section. The chair shall use the money in the  fund  to  pay  UNMET
   43  claims for [defaulted group] self-insurers[, where sufficient moneys for
   44  such  payment  have  not  been  collected  or  are not anticipated to be
   45  collected from members of a defaulted group self-insurer, or  to  offset
   46  such  amount  against  any  assessment it would otherwise impose against
   47  private individual and group self-insurers under paragraph (g) of subdi-
   48  vision five of section fifty of this article].
   49    2. At any time prior to April first, two thousand  eleven,  the  chair
   50  may  withdraw funds from the uninsured employers fund provided for under
   51  section twenty-six-a of this chapter, up to such  amount  as  the  chair
   52  determines  is sufficient to fund any anticipated additional expenses of
   53  such fund, taking into account anticipated available revenues, but in no
   54  event to exceed seventy-five million  dollars  in  the  aggregate.  Such
   55  funds  shall be deposited into the [group] self-insurer offset fund, and
   56  used in accordance with subdivision one of this section.  As  consistent
       S. 2605--A                         115                        A. 3005--A
    1  with  this  section, the chair may set the timing of such withdrawals in
    2  its discretion.
    3    3.  Beginning  in  two thousand fifteen, and each year thereafter, the
    4  chair shall add to the total of each annual assessment made under  para-
    5  graph  g of subdivision five of section fifty of this article the sum of
    6  up to three million dollars, to be allocated to private group and  indi-
    7  vidual  self-insurers in accordance with such paragraph. The chair shall
    8  assess additional funds under this paragraph as necessary to insure that
    9  there are sufficient funds in the fund for uninsured employers  to  meet
   10  its  liabilities, or if necessary in accordance with section one hundred
   11  fifty-one of this chapter. Such funds as are collected pursuant to  this
   12  subdivision  shall  be  deposited into the uninsured employer fund until
   13  all funds withdrawn therefrom under subdivision one of this section  are
   14  returned with interest calculated at an annual rate equal to the rate of
   15  return on funds in the fund for uninsured employers from the prior year.
   16    4.  At such time as the board is not obligated to pay any UNMET claims
   17  [arising out] of a [defaulted] self-insurer, the fund created under this
   18  section shall be closed, and any money remaining in the  fund  shall  be
   19  deposited into the uninsured employer fund.
   20    S 19. Subdivision 5 of section 52 of the workers' compensation law, as
   21  amended  by  chapter  139  of  the  laws  of 2008, is amended to read as
   22  follows:
   23    5. The chair, upon finding that an employer has failed for a period of
   24  not less than ten consecutive days to make the provision for payment  of
   25  compensation  required by section fifty of this article, may impose upon
   26  such employer, in addition to all other penalties, fines or  assessments
   27  provided  for  in  this chapter, a penalty of UP TO two thousand dollars
   28  for each ten day period of non-compliance or a sum not in excess of  two
   29  times  the  cost  of compensation for its payroll for the period of such
   30  failure, which sum shall be paid  into  the  uninsured  employers'  fund
   31  created  under  section  twenty-six-a  of this chapter. When an employer
   32  fails to provide business records sufficient  to  enable  the  chair  to
   33  determine the employer's payroll for the period requested for the calcu-
   34  lation  of  the  penalty  provided  in  this section, the imputed weekly
   35  payroll for each employee, corporate officer, sole proprietor, or  part-
   36  ner  shall be the New York state average weekly wage, multiplied by 1.5.
   37  Where the employer is a corporation, the president, secretary and treas-
   38  urer thereof shall be liable for the  penalty.  If  the  employer  shall
   39  within  thirty  days  after notice of the imposition of a penalty by the
   40  chair pursuant to this subdivision make an application in affidavit form
   41  for a redetermination review of such penalty the [chairman] CHAIR  shall
   42  make a decision in writing on the issues raised on such application.
   43    S 20. Section 87 of the workers' compensation law, as amended by chap-
   44  ter  635  of  the laws of 1996, subdivision 1 as amended by chapter 6 of
   45  the laws of 2007, subdivision 1, paragraph  (a)  of  subdivision  2  and
   46  subdivision  3 as further amended by section 104 of part A of chapter 62
   47  of the laws of 2011, is amended to read as follows:
   48    S 87. Investment of surplus or reserve. 1. Any  of  the  [surplus  or]
   49  reserve  funds  belonging  to  the state insurance fund, by order of the
   50  commissioners, approved by the superintendent of financial services, may
   51  be invested in the types of securities described  in  subdivisions  one,
   52  two,  three,  four, five, six, eleven, twelve, twelve-a, thirteen, four-
   53  teen, fifteen, nineteen, twenty, twenty-one, twenty-one-a,  twenty-four,
   54  twenty-four-a,  twenty-four-b,  twenty-four-c and twenty-five of section
   55  two hundred thirty-five of the banking law or[, up to fifty  percent  of
   56  such surplus or reserve funds, in the types of securities or investments
       S. 2605--A                         116                        A. 3005--A
    1  described]  in  [paragraphs]  PARAGRAPH  two[,  three, eight and ten] of
    2  subsection (a) of section one thousand four hundred four of  the  insur-
    3  ance  law except that up to [ten] FIVE percent of [the surplus and] SUCH
    4  reserve  funds  [belonging  to  the  state  insurance  fund that] may be
    5  invested in the securities of any solvent American institution [or of an
    6  investment company] as described in such [paragraphs  may  be  invested]
    7  PARAGRAPH  irrespective  of the rating of such institution's obligations
    8  or other similar qualitative standards  described  [in  paragraphs  two,
    9  three,  eight  and  ten  of  such  subsection, but shall not include any
   10  derivative instrument or derivative transaction or any investment  found
   11  by the superintendent of financial services to be against public policy.
   12  Any  of  the  surplus  or reserve funds belonging to the state insurance
   13  fund, upon like approval of the superintendent  of  financial  services,
   14  may  be  loaned on the pledge of any such securities. The commissioners,
   15  upon like approval of the superintendent of financial services, may also
   16  sell any of such securities or investments] THEREIN.
   17    2.  ANY OF THE SURPLUS FUNDS BELONGING TO THE STATE INSURANCE FUND, BY
   18  ORDER OF THE COMMISSIONERS, APPROVED BY THE SUPERINTENDENT OF  FINANCIAL
   19  SERVICES, MAY BE INVESTED IN THE TYPES OF SECURITIES DESCRIBED IN SUBDI-
   20  VISIONS  ONE,  TWO,  THREE,  FOUR,  FIVE, SIX, ELEVEN, TWELVE, TWELVE-A,
   21  THIRTEEN, FOURTEEN, FIFTEEN, NINETEEN, TWENTY, TWENTY-ONE, TWENTY-ONE-A,
   22  TWENTY-FOUR, TWENTY-FOUR-A, TWENTY-FOUR-B, TWENTY-FOUR-C AND TWENTY-FIVE
   23  OF SECTION TWO HUNDRED THIRTY-FIVE OF THE BANKING LAW OR,  UP  TO  FIFTY
   24  PERCENT  OF  SURPLUS  FUNDS,  IN  THE TYPES OF SECURITIES OR INVESTMENTS
   25  DESCRIBED IN PARAGRAPHS TWO, THREE, EIGHT AND TEN OF SUBSECTION  (A)  OF
   26  SECTION ONE THOUSAND FOUR HUNDRED FOUR OF THE INSURANCE LAW, EXCEPT THAT
   27  UP  TO TEN PERCENT OF SURPLUS FUNDS MAY BE INVESTED IN THE SECURITIES OF
   28  ANY SOLVENT AMERICAN INSTITUTION AS DESCRIBED IN SUCH  PARAGRAPHS  IRRE-
   29  SPECTIVE  OF THE RATING OF SUCH INSTITUTION'S OBLIGATIONS OR OTHER SIMI-
   30  LAR QUALITATIVE STANDARDS DESCRIBED THEREIN, AND UP TO  FIFTEEN  PERCENT
   31  OF  SURPLUS  FUNDS  IN  SECURITIES OR INVESTMENTS WHICH DO NOT OTHERWISE
   32  QUALIFY FOR INVESTMENT UNDER THIS SECTION AS  SHALL  BE  MADE  WITH  THE
   33  CARE,  PRUDENCE  AND  DILIGENCE  UNDER THE CIRCUMSTANCES THEN PREVAILING
   34  THAT A PRUDENT PERSON ACTING IN A LIKE CAPACITY AND FAMILIAR  WITH  SUCH
   35  MATTERS  WOULD  USE  IN THE CONDUCT OF AN ENTERPRISE OF A LIKE CHARACTER
   36  AND WITH LIKE AIMS AS PROVIDED FOR THE STATE INSURANCE FUND  UNDER  THIS
   37  ARTICLE.  NOTWITHSTANDING  ANY  OTHER PROVISION IN THIS SUBDIVISION, THE
   38  AGGREGATE AMOUNT THAT THE STATE INSURANCE FUND MAY INVEST IN  THE  TYPES
   39  OF  SECURITIES  OR  INVESTMENTS DESCRIBED IN PARAGRAPHS THREE, EIGHT AND
   40  TEN OF SUBSECTION (A) OF SECTION ONE THOUSAND FOUR HUNDRED FOUR  OF  THE
   41  INSURANCE  LAW  AND  AS A PRUDENT PERSON ACTING IN A LIKE CAPACITY WOULD
   42  INVEST AS PROVIDED IN THIS SUBDIVISION SHALL NOT EXCEED FIFTY PERCENT OF
   43  SUCH SURPLUS FUNDS.
   44    3. ANY OF THE SURPLUS OR RESERVE FUNDS BELONGING TO THE  STATE  INSUR-
   45  ANCE  FUND,  UPON  LIKE  APPROVAL  OF  THE  SUPERINTENDENT  OF FINANCIAL
   46  SERVICES, MAY BE LOANED ON  THE  PLEDGE  OF  ANY  SUCH  SECURITIES.  THE
   47  COMMISSIONERS,  UPON  LIKE  APPROVAL  OF THE SUPERINTENDENT OF FINANCIAL
   48  SERVICES, MAY ALSO SELL ANY OF SUCH SECURITIES OR INVESTMENTS.
   49    [2.] 4. (a) Any securities belonging to the state insurance fund  may,
   50  by  order of the commissioners, approved by the superintendent of finan-
   51  cial services, be loaned under a security loan agreement, as defined  in
   52  paragraph  (b) of this subdivision, entered into with a registered brok-
   53  er-dealer, or a New York state or national bank or trust  company,  with
   54  the  custodial  bank  of  the  state insurance fund or another person or
   55  entity, approved by the commissioner  of  taxation  and  finance,  which
   56  specializes in security loan transactions acting as the agent in arrang-
       S. 2605--A                         117                        A. 3005--A
    1  ing  such agreement. The commissioners shall monitor the market value of
    2  the loaned securities daily. In no event shall the  commissioners  allow
    3  the value of the collateral posted to fall below the market value of the
    4  loaned securities.
    5    (b) For purposes of this section, "security loan agreement" shall mean
    6  a written contract, the terms of which have been approved by the commis-
    7  sioner  of  taxation  and finance, whereby the state insurance fund (the
    8  lender) agrees to lend securities to  a  broker-dealer,  bank  or  trust
    9  company  described  in  paragraph (a) of this subdivision (the borrower)
   10  for a period not to exceed one year. However, such  agreement  shall  be
   11  subject  to  the  following  limitations: (i) the lender must retain the
   12  right to collect from the borrower all  dividends,  interest,  premiums,
   13  rights,  and any other distributions to which the lender would otherwise
   14  have been entitled; (ii) the lender may waive  the  right  to  vote  the
   15  securities  during  the  term  of  such agreement; (iii) the lender must
   16  retain the right to terminate such agreement upon  not  more  than  five
   17  business  days' notice; (iv) the borrower shall provide as collateral to
   18  the lender cash or direct obligations of the United States of America or
   19  any agency or instrumentality thereof or obligations fully guaranteed by
   20  the United States of America that are eligible  for  investment  by  the
   21  state  insurance  fund  under  subdivision one of this section, provided
   22  that such obligations may in no event consist of derivative  securities;
   23  and  (v)  such agreement shall provide for payment of additional collat-
   24  eral on a daily basis, or at such time as the value of the loaned  secu-
   25  rities increases to agreed upon ratios.
   26    [3.]  5.  All  such  securities  or evidences of indebtedness shall be
   27  placed in the hands of the commissioner  of  taxation  and  finance  who
   28  shall  be  the  custodian thereof. He or she shall collect the principal
   29  and interest thereof, when due, and pay the same into the  state  insur-
   30  ance fund. The commissioner of taxation and finance shall pay all vouch-
   31  ers drawn on the state insurance fund for the making of such investments
   32  when signed by the chair of the commissioners, the executive director or
   33  a deputy executive director of the state insurance fund upon delivery of
   34  such  securities  or evidences of indebtedness to him or her, when there
   35  is attached to such vouchers the approval of the state superintendent of
   36  financial services.
   37    6.  FOR THE PURPOSES OF THIS SECTION, THE  TERM  "RESERVES"  DOES  NOT
   38  INCLUDE THE ESTIMATED VALUE OF FUTURE DISCRETIONARY PAYMENTS THAT MAY BE
   39  MADE BY THE STATE INSURANCE FUND UNDER SECTION NINETY OF THIS ARTICLE.
   40    7.  NOTWITHSTANDING  ANY  PROVISION  IN  THIS SECTION, THE SURPLUS AND
   41  RESERVE FUNDS OF THE STATE INSURANCE FUND SHALL NOT BE INVESTED  IN  ANY
   42  INVESTMENT  THAT  HAS  BEEN  FOUND  BY  THE  SUPERINTENDENT OF FINANCIAL
   43  SERVICES TO BE AGAINST PUBLIC POLICY OR IN ANY INVESTMENT PROHIBITED  BY
   44  THE  PROVISIONS  OF PARAGRAPH SIX OF SUBSECTION (A) OF SECTION ONE THOU-
   45  SAND FOUR HUNDRED FOUR OF THE INSURANCE LAW  OR  BY  THE  PROVISIONS  OF
   46  PARAGRAPH  ONE,  TWO, THREE, FOUR, SIX, EIGHT, NINE OR TEN OF SUBSECTION
   47  (A) OF SECTION ONE THOUSAND FOUR HUNDRED SEVEN OF THE INSURANCE LAW.
   48    S 21. Section 88 of the workers' compensation law, as amended by chap-
   49  ter 6 of the laws of 2007, is REPEALED.
   50    S 22. Section 151 of the workers' compensation law is REPEALED  and  a
   51  new section 151 is added to read as follows:
   52    S  151.  ASSESSMENTS AND SURCHARGES FOR ANNUAL EXPENSES. 1. THE ANNUAL
   53  EXPENSES NECESSARY FOR THE BOARD TO ADMINISTER THE  PROVISIONS  OF  THIS
   54  CHAPTER,  THE  VOLUNTEER  AMBULANCE WORKERS' BENEFITS LAW, THE VOLUNTEER
   55  FIREFIGHTERS' BENEFITS LAW, THE DISABILITY BENEFITS LAW, AND  THE  WORK-
   56  MEN'S  COMPENSATION  ACT  FOR CIVIL DEFENSE VOLUNTEERS SHALL BE BORNE BY
       S. 2605--A                         118                        A. 3005--A
    1  AFFECTED EMPLOYERS SECURING COMPENSATION FOR THEIR EMPLOYEES PURSUANT TO
    2  SECTION FIFTY OF THIS CHAPTER.  THE  BOARD  SHALL  COLLECT  SUCH  ANNUAL
    3  EXPENSES  FROM  AFFECTED EMPLOYERS THROUGH ASSESSMENTS AND SURCHARGES AS
    4  PROVIDED  BY  THE  PROVISIONS OF THIS SECTION, INCLUDING FOR PURPOSES OF
    5  THIS SUBDIVISION: (A)  THE  AGGREGATE  ASSESSMENT  AMOUNT  DESCRIBED  IN
    6  SUBPARAGRAPH  FOUR  OF  PARAGRAPH  (H)  OF  SUBDIVISION EIGHT OF SECTION
    7  FIFTEEN OF THIS CHAPTER FOR THE SPECIAL DISABILITY  FUND  IN  ACCORDANCE
    8  WITH  EACH  FINANCING  AGREEMENT DESCRIBED IN SUCH SUBPARAGRAPH, (B) THE
    9  AGGREGATE ASSESSMENT AMOUNT DESCRIBED IN SECTION FIFTY-C OF THIS CHAPTER
   10  FOR THE SELF-INSURER OFFSET  FUND  IN  ACCORDANCE  WITH  EACH  FINANCING
   11  AGREEMENT  DESCRIBED  IN  SUCH  SECTION,  (C)  THE  ASSESSMENT    AMOUNT
   12  DESCRIBED IN SUBDIVISION THREE OF SECTION TWENTY-FIVE-A OF THIS  CHAPTER
   13  FOR  THE FUND FOR REOPENED CASES AND (D) THE ASSESSMENT AMOUNT DESCRIBED
   14  IN SECTION TWO HUNDRED FOURTEEN OF THIS CHAPTER FOR THE SPECIAL FUND FOR
   15  DISABILITY  BENEFITS;  PROVIDED,  THAT  THE  FOREGOING  AND  ANY   OTHER
   16  PROVISION  OF  THIS  CHAPTER TO THE CONTRARY NOTWITHSTANDING, ASSESSMENT
   17  RECEIPTS SHALL BE APPLIED FIRST TO FULLY FUND THE  AMOUNT  DESCRIBED  IN
   18  SUBPARAGRAPH  FOUR  OF  PARAGRAPH  (H)  OF  SUBDIVISION EIGHT OF SECTION
   19  FIFTEEN OF THIS CHAPTER AND THEN TO FULLY FUND THE AMOUNT  DESCRIBED  IN
   20  SECTION  FIFTY-C OF THIS CHAPTER IN ACCORDANCE WITH EACH THEN APPLICABLE
   21  FINANCING AGREEMENT PURSUANT TO SUCH PROVISIONS PRIOR TO APPLICATION  TO
   22  ANY  OTHER PURPOSE OTHER THAN TO PAY ANY ACTUAL COSTS OF COLLECTING SUCH
   23  ASSESSMENT THAT ARE NOT OTHERWISE FUNDED. FOR PURPOSES OF THIS  SECTION,
   24  AFFECTED  EMPLOYER  MEANS  ALL  EMPLOYERS  REQUIRED  TO  OBTAIN WORKERS'
   25  COMPENSATION COVERAGE PURSUANT TO THIS CHAPTER.
   26    2. ON THE FIRST DAY OF NOVEMBER, TWO THOUSAND THIRTEEN,  AND  ANNUALLY
   27  THEREAFTER,  THE  CHAIR  SHALL  ESTABLISH  AN  ASSESSMENT  RATE  FOR ALL
   28  AFFECTED EMPLOYERS IN THE STATE OF NEW YORK IN AN AMOUNT EXPECTED TO  BE
   29  SUFFICIENT  TO  PRODUCE  ASSESSMENT RECEIPTS AT LEAST SUFFICIENT TO FUND
   30  ALL ESTIMATED ANNUAL  EXPENSES  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
   31  SECTION  EXCEPT THOSE EXPENSES FOR WHICH AN ASSESSMENT IS AUTHORIZED FOR
   32  SELF-INSURANCE PURSUANT TO SUBDIVISION FIVE OF  SECTION  FIFTY  OF  THIS
   33  CHAPTER.  SUCH  RATE SHALL BE ASSESSED EFFECTIVE THE FIRST OF JANUARY OF
   34  THE SUCCEEDING YEAR AND SHALL BE BASED UPON A SINGLE METHODOLOGY  DETER-
   35  MINED  BY  THE  CHAIR.   THE CHAIR MAY ALSO ISSUE A SUPPLEMENTAL RATE AS
   36  PROVIDED UNDER SUBDIVISION SEVEN OF SECTION TWENTY-SEVEN OF THIS CHAPTER
   37  WHEN NECESSARY.  THE CHAIR MAY ALSO ESTABLISH AN  ADDITIONAL  ASSESSMENT
   38  RATE,  NOT  TO  EXCEED  THIRTY  PERCENT  OF  ANNUAL  PREMIUMS, FOR THOSE
   39  AFFECTED EMPLOYERS WHO ARE IN DEFAULT IN THE PAYMENT  OF  THEIR  COMPEN-
   40  SATION  PURSUANT  TO  SUBPARAGRAPH (B) OF PARAGRAPH SEVEN OF SUBDIVISION
   41  THREE-A OF SECTION 50 OF THIS CHAPTER. SUCH ADDITIONAL ASSESSMENT  SHALL
   42  BE COLLECTED AND REMITTED TO THE CHAIR CONSISTENT WITH SUBDIVISIONS FOUR
   43  AND  FIVE  OF  THIS SECTION.   THE CHAIR SHALL MAKE AVAILABLE FOR PUBLIC
   44  INSPECTION AN ITEMIZED STATEMENT OF THE ESTIMATED ANNUAL EXPENSES IN THE
   45  OFFICE OF THE BOARD FOR THIRTY DAYS IMMEDIATELY AFTER THE RATE IS ESTAB-
   46  LISHED.
   47    3. THE CHAIR AND DEPARTMENT OF AUDIT AND CONTROL ANNUALLY AS  SOON  AS
   48  PRACTICABLE  AFTER  THE  FIRST OF APRIL OF EACH YEAR SHALL ASCERTAIN THE
   49  ACTUAL TOTAL AMOUNT OF EXPENSES, INCLUDING IN  ADDITION  TO  THE  DIRECT
   50  COSTS  OF  PERSONAL  SERVICE, THE COST OF MAINTENANCE AND OPERATION, THE
   51  COST OF RETIREMENT CONTRIBUTIONS MADE AND WORKERS' COMPENSATION PREMIUMS
   52  PAID BY THE STATE FOR OR ON ACCOUNT  OF  PERSONNEL,  RENTALS  FOR  SPACE
   53  OCCUPIED  IN  STATE OWNED OR STATE LEASED BUILDINGS, SUCH ADDITIONAL SUM
   54  AS MAY BE CERTIFIED TO THE CHAIR AND THE DEPARTMENT OF AUDIT AND CONTROL
   55  AS A REASONABLE COMPENSATION FOR SERVICES RENDERED BY THE DEPARTMENT  OF
   56  LAW  AND  EXPENSES  INCURRED  BY  SUCH DEPARTMENT, FOR TRANSFER INTO THE
       S. 2605--A                         119                        A. 3005--A
    1  TRAINING AND EDUCATIONAL PROGRAM ON OCCUPATIONAL SAFETY AND HEALTH  FUND
    2  CREATED  PURSUANT  TO  CHAPTER  EIGHT  HUNDRED EIGHTY-SIX OF THE LAWS OF
    3  NINETEEN HUNDRED EIGHTY-FIVE AND SECTION  NINETY-SEVEN-C  OF  THE  STATE
    4  FINANCE LAW, FOR THE NEW YORK STATE OCCUPATIONAL HEALTH CLINICS NETWORK,
    5  FOR  THE  DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH PROGRAM AND
    6  FOR TRANSFER INTO THE UNINSURED EMPLOYERS' FUND PURSUANT TO  SUBDIVISION
    7  TWO  OF  SECTION  TWENTY-SIX-A  OF THIS CHAPTER, AND ALL OTHER DIRECT OR
    8  INDIRECT COSTS, INCURRED BY THE BOARD IN CONNECTION  WITH  THE  ADMINIS-
    9  TRATION  OF  THIS CHAPTER, EXCEPT THOSE EXPENSES FOR WHICH AN ASSESSMENT
   10  IS AUTHORIZED FOR SELF-INSURANCE PURSUANT TO SUBDIVISION FIVE OF SECTION
   11  FIFTY OF THIS CHAPTER.   ASSESSMENTS PURSUANT TO  SUBPARAGRAPH  FOUR  OF
   12  PARAGRAPH  (H)  OF  SUBDIVISION EIGHT OF SECTION FIFTEEN OF THIS CHAPTER
   13  FOR THE SPECIAL DISABILITY FUND, PURSUANT TO  SECTION  FIFTY-C  OF  THIS
   14  CHAPTER  FOR THE SELF INSURER OFFSET FUND, PURSUANT TO SUBDIVISION THREE
   15  OF SECTION TWENTY-FIVE-A OF THIS  CHAPTER  FOR  THE  FUND  FOR  REOPENED
   16  CASES,  AND PURSUANT TO SECTION TWO HUNDRED FOURTEEN OF THIS CHAPTER FOR
   17  THE SPECIAL FUND FOR DISABILITY BENEFITS SHALL BE INCLUDED IN THE  TOTAL
   18  AMOUNT  OF  EXPENSES FOR THE PURPOSES OF THIS SUBDIVISION. THE CHAIR MAY
   19  ALSO INCLUDE IN THE TOTAL AMOUNT OF EXPENSES SUCH ADDITIONAL  ASSESSMENT
   20  TO  INSURE THE SOLVENCY OF THE AGGREGATE TRUST FUND PURSUANT TO SUBDIVI-
   21  SION SEVEN OF SECTION TWENTY-SEVEN OF THIS CHAPTER.  ANY OVERPAYMENT  OF
   22  ANNUAL  ASSESSMENTS  RESULTING FROM THE REQUIREMENTS OF THIS SUBDIVISION
   23  SHALL BE APPLIED AS A CREDIT AGAINST THE FUTURE ASSESSMENT RATE PROVIDED
   24  THE FUND BALANCE SHALL NOT BE REDUCED BELOW TEN  PERCENT  OF  THE  TOTAL
   25  AMOUNT ASSESSED.
   26    4. FOR THOSE AFFECTED EMPLOYERS OBTAINING COVERAGE:
   27    (A)  BY  INSURING  WITH  THE STATE FUND PURSUANT TO SUBDIVISION ONE OF
   28  SECTION FIFTY OF THIS CHAPTER; OR  (B)  THROUGH  A  POLICY  PURSUANT  TO
   29  SUBDIVISION TWO OF SECTION FIFTY OF THIS CHAPTER; OR (C) THROUGH A COUN-
   30  TY  SELF-INSURANCE  PLAN  UNDER  ARTICLE  FIVE  OF  THIS CHAPTER; OR (D)
   31  THROUGH A GROUP PRIVATE OR PUBLIC SELF-INSURER PURSUANT  TO  SUBDIVISION
   32  THREE-A  OF SECTION FIFTY OF THIS CHAPTER, SUCH ASSESSMENT AMOUNTS SHALL
   33  BE COLLECTED AND REMITTED TO THE CHAIR  BY  THE  CARRIER  OR  THE  STATE
   34  INSURANCE FUND, OR COUNTY PLAN, OR GROUP PRIVATE OR PUBLIC SELF-INSURER,
   35  ON  BEHALF OF THE EMPLOYER(S) UNTIL SUCH TIME AS THE BOARD ESTABLISHES A
   36  DIRECT EMPLOYER PAYMENT PROCESS.  AFFECTED PRIVATE OR  PUBLIC  EMPLOYERS
   37  PROVIDING  COMPENSATION  THROUGH  SELF INSURANCE PURSUANT TO SUBDIVISION
   38  THREE OF SECTION FIFTY OF THIS  CHAPTER  SHALL  PAY  ASSESSMENT  AMOUNTS
   39  DIRECTLY TO THE CHAIR.
   40    5.  INSURANCE  CARRIERS  AS  DEFINED  IN  SECTION  TWO OF THIS CHAPTER
   41  INCLUDING THE STATE INSURANCE FUND AND SELF-INSURERS, SHALL COLLECT FROM
   42  AFFECTED EMPLOYERS AND PERIODICALLY REMIT TO THE BOARD SUCH  ASSESSMENTS
   43  AND  SHALL BE RESPONSIBLE FOR ENSURING THEIR EMPLOYERS/POLICYHOLDERS ARE
   44  CURRENT ON THEIR ASSESSMENTS. (A) FAILURE  TO  ENSURE  POLICYHOLDERS  OR
   45  EMPLOYERS  ARE CURRENT ON THEIR ASSESSMENTS WILL RESULT IN THE INSURANCE
   46  CARRIER; OR SELF-INSURER; BEING LIABLE FOR SUCH ASSESSMENTS.
   47    (B) IN THE EVENT THE EMPLOYER;  INSURANCE  CARRIER;  OR  SELF-INSURER;
   48  KNEW OR SHOULD HAVE KNOWN THAT THE EMPLOYER MISREPORTED ANY DATA RELATED
   49  TO THE ASSESSMENT PROCESS, THEY MAY BE SUBJECT TO PENALTIES OR SANCTIONS
   50  PROVIDED BY THIS CHAPTER.
   51    6.  (A) EFFECTIVE THE FIRST DAY OF JANUARY, TWO THOUSAND FOURTEEN, ALL
   52  ASSESSMENT  CYCLES IN PROGRESS WILL BE REPLACED WITH THE ASSESSMENT RATE
   53  DETERMINED HEREIN.  HOWEVER, SUCH NEW ASSESSMENT RATE SHALL NOT  RELIEVE
   54  ANY  CARRIER OR SELF-INSURER FOR OUTSTANDING AMOUNTS DUE AS OF THE FIRST
   55  DAY OF JANUARY TWO THOUSAND FOURTEEN.
       S. 2605--A                         120                        A. 3005--A
    1    (B) ALL ASSESSMENT AMOUNTS COLLECTED BY INSURANCE CARRIERS, EXCEPT THE
    2  STATE FUND, AND NOT YET REMITTED TO THE BOARD PRIOR TO THE FIRST DAY  OF
    3  JANUARY,  TWO  THOUSAND  FOURTEEN MUST BE REMITTED TO THE CHAIR NO LATER
    4  THAN THE FIRST DAY OF FEBRUARY, TWO THOUSAND FOURTEEN.
    5    7.  ASSESSMENTS  FOR  THE  EXPENSES OF THE BOARD INCLUDING ASSESSMENTS
    6  PURSUANT TO PARAGRAPH (H) OF SUBDIVISION EIGHT  OF  SECTION  FIFTEEN  OF
    7  THIS CHAPTER FOR THE SPECIAL DISABILITY FUND AND PURSUANT TO SUBDIVISION
    8  THREE OF SECTION TWENTY-FIVE-A OF THIS CHAPTER FOR THE FUND FOR REOPENED
    9  CASES SHALL NOT CONSTITUTE ELEMENTS OF LOSS.
   10    7-A.  NOTWITHSTANDING ANY LAW TO THE CONTRARY, WHEN THERE IS A DEFAULT
   11  ON THE PAYMENT OF PREMIUM, INCLUDING ANY AMOUNT OF A  SURCHARGE  PAYABLE
   12  UNDER  SUBDIVISION  SEVEN  OF  THIS  SECTION, ANY ACTION BY THE CARRIER,
   13  INCLUDING THE STATE INSURANCE FUND, TO COLLECT ANY UNPAID PREMIUM  SHALL
   14  INCLUDE  AN  ACTION SEEKING RECOVERY OF SUCH UNPAID SURCHARGES ON BEHALF
   15  OF THE BOARD. THE CARRIER SHALL REMIT THE  AMOUNT  OF  ANY  SUCH  UNPAID
   16  SURCHARGE  COLLECTED  EITHER  PURSUANT TO A JUDGMENT OR BY SETTLEMENT TO
   17  THE BOARD.
   18    8.   THE FOREGOING OR ANY OTHER  PROVISION  OF  LAW  TO  THE  CONTRARY
   19  NOTWITHSTANDING,  ALL  MONEYS  RECEIVED  ON  ACCOUNT  OF  THE ASSESSMENT
   20  AUTHORIZED BY THIS SECTION SHALL BE  DEPOSITED  UPON  RECEIPT  INTO  THE
   21  ADMINISTRATIVE  ASSESSMENT  CLEARING ACCOUNT HELD BY THE COMMISSIONER OF
   22  TAXATION AND FINANCE AND APPLIED IN ACCORDANCE WITH SUBDIVISION  ONE  OF
   23  THIS  SECTION AND IN ACCORDANCE WITH EACH APPLICABLE FINANCING AGREEMENT
   24  AUTHORIZED BY SUBDIVISION EIGHT OF SECTION FIFTEEN OR BY SECTION FIFTY-C
   25  OF THIS CHAPTER UNTIL THE FINANCIAL OBLIGATIONS OF THE DORMITORY AUTHOR-
   26  ITY IN RESPECT OF ITS CONTRACTS WITH THE HOLDERS OF ITS BONDS AUTHORIZED
   27  UNDER SECTIONS SIXTEEN HUNDRED EIGHTY-L AND SIXTEEN HUNDRED EIGHTY-Q  OF
   28  THE  PUBLIC  AUTHORITIES LAW ARE MET AND ALL ASSOCIATED COSTS PAYABLE BY
   29  OR TO THE DORMITORY AUTHORITY HAVE BEEN PAID  AND  SUCH  MONEYS  AS  ARE
   30  REQUIRED  TO  BE  APPLIED  IN  ACCORDANCE  WITH  SUBDIVISION ONE OF THIS
   31  SECTION TO FULLY FUND THE AMOUNT DESCRIBED IN SUBPARAGRAPH FOUR OF PARA-
   32  GRAPH (H) OF SUBDIVISION EIGHT OF SECTION FIFTEEN OF THIS CHAPTER AND TO
   33  FULLY FUND THE AMOUNT DESCRIBED IN SECTION FIFTY-C OF THIS  CHAPTER,  IN
   34  ACCORDANCE  WITH  EACH  THEN  APPLICABLE FINANCING AGREEMENT PURSUANT TO
   35  SUCH PROVISIONS SHALL NOT BE COMMINGLED WITH ANY  OTHER  MONIES  IN  THE
   36  COMMISSIONER'S CUSTODY PRIOR TO SUCH APPLICATION AND SHALL NOT BE DEEMED
   37  TO BE PART OF THE STATE TREASURY OR OF ANY FUNDS UNDER MANAGEMENT OF THE
   38  STATE.    THE  OPERATION  OF  THIS  SECTION  AND  THE APPLICATION OF THE
   39  RECEIPTS OF THE ASSESSMENT AUTHORIZED BY THIS SECTION SHALL  BE  SUBJECT
   40  TO  THE  PROVISIONS  OF  EACH FINANCING AGREEMENT AUTHORIZED PURSUANT TO
   41  SUBPARAGRAPH FOUR OF PARAGRAPH  (H)  OF  SUBDIVISION  EIGHT  OF  SECTION
   42  FIFTEEN OR TO SECTION FIFTY-C OF THIS CHAPTER AND THIS SECTION SHALL NOT
   43  BE  DEEMED  TO  AUTHORIZE ANY INFRINGEMENT UPON THE RIGHTS OF HOLDERS OF
   44  BONDS ISSUED OR TO BE ISSUED PURSUANT TO EITHER SUCH PROVISION.
   45    9. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  WITH  RESPECT  TO
   46  POLICIES CONTAINING COVERAGE PURSUANT TO PARAGRAPH ONE OF SUBSECTION (J)
   47  OF  SECTION  THREE  THOUSAND  FOUR  HUNDRED  TWENTY OF THE INSURANCE LAW
   48  RELATING TO EVERY  POLICY  PROVIDING  COMPREHENSIVE  PERSONAL  LIABILITY
   49  INSURANCE ON A ONE, TWO, THREE OR FOUR FAMILY OWNER-OCCUPIED DWELLING.
   50    10. IF THE ASSESSMENTS COLLECTED PURSUANT TO THIS SECTION ARE INSUFFI-
   51  CIENT  TO  MEET  THE OBLIGATIONS FINANCED BY THE ASSESSMENTS, THE CHAIR,
   52  FOR A PERIOD OF THREE YEARS, MAY BORROW ANY  SHORTFALL  FROM  THE  STATE
   53  INSURANCE  FUND  WITH ANY BORROWING TO BE ADDED TO THE ASSESSMENTS UNDER
   54  THIS SECTION AND REPAID THE FOLLOWING YEAR TO THE STATE  INSURANCE  FUND
   55  WITH INTEREST AT THE STATE INSURANCE FUND'S THEN CURRENT RATE OF RETURN.
       S. 2605--A                         121                        A. 3005--A
    1    11.  EFFECTIVE  IMMEDIATELY,  NOTWITHSTANDING ANY LAW TO THE CONTRARY,
    2  PURSUANT TO THE PROVISIONS OF THIS CHAPTER, THE ASSESSMENT RESERVES HELD
    3  BY THE STATE INSURANCE FUND FOR THE PAYMENT OF FUTURE ASSESSMENTS ARE NO
    4  LONGER REQUIRED AND ALL FUNDS AND INVESTMENTS HELD BY THE  STATE  INSUR-
    5  ANCE FUND RELATED TO THE ASSESSMENT RESERVES SHALL BE TRANSFERRED TO THE
    6  CHAIR  OF  THE  WORKERS'  COMPENSATION BOARD AS SOON AS PRACTICABLE. THE
    7  COMMISSIONER OF TAXATION AND FINANCE SHALL BE CUSTODIAN OF  SUCH  FUNDS,
    8  WHICH  SHALL  NOT BE COMMINGLED WITH OTHER FUNDS OF THE WORKERS' COMPEN-
    9  SATION BOARD, AND MAY INVEST SUCH FUNDS IN THE SAME  MANNER  AS  SURPLUS
   10  FUNDS  HELD  BY  THE STATE INSURANCE FUND PURSUANT TO SUBDIVISION TWO OF
   11  SECTION EIGHTY-SEVEN OF THIS CHAPTER.  DISBURSEMENTS OF SUCH FUNDS SHALL
   12  BE MADE BY SUCH COMMISSIONER UPON WRITTEN WARRANT OF THE  CHAIR  OF  THE
   13  WORKERS' COMPENSATION BOARD OR THE CHAIR'S DESIGNEE.
   14    AT  THE REQUEST OF THE DIRECTOR OF THE BUDGET, SUCH MONEYS TRANSFERRED
   15  TO THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL BE DISTRIBUTED  AS
   16  FOLLOWS:
   17    (A)  AS  SOON AS PRACTICABLE AFTER APRIL FIRST, TWO THOUSAND THIRTEEN,
   18  THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL TRANSFER TWO  HUNDRED
   19  FIFTY MILLION DOLLARS TO THE GENERAL FUND.
   20    (B)  AS  SOON AS PRACTICABLE AFTER APRIL FIRST, TWO THOUSAND FOURTEEN,
   21  THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL TRANSFER FIVE HUNDRED
   22  MILLION DOLLARS TO THE GENERAL FUND.
   23    (C) AS SOON AS PRACTICABLE AFTER APRIL FIRST,  TWO  THOUSAND  FIFTEEN,
   24  THE  CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL TRANSFER TWO HUNDRED
   25  FIFTY MILLION DOLLARS TO THE GENERAL FUND.
   26    (D) AS SOON AS PRACTICABLE AFTER APRIL FIRST,  TWO  THOUSAND  SIXTEEN,
   27  THE  CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL TRANSFER TWO HUNDRED
   28  FIFTY MILLION DOLLARS TO THE GENERAL FUND.
   29    (E) AS SOON AS PRACTICABLE AFTER APRIL FIRST,  TWO  THOUSAND  THIRTEEN
   30  AND UPON REQUEST FROM THE DIRECTOR OF THE BUDGET, THE CHAIR SHALL TRANS-
   31  FER FIVE HUNDRED MILLION DOLLARS TO THE TRANSFORMATIVE CAPITAL FUND.
   32    (F) ANY AND ALL FUNDS REMAINING AFTER ACCOUNTING FOR THE TRANSFERS SET
   33  FORTH ABOVE MAY, AT THE DISCRETION OF THE DIRECTOR OF THE BUDGET, EITHER
   34  REMAIN  WITH  THE  WORKERS'  COMPENSATION BOARD OR BE TRANSFERRED TO THE
   35  GENERAL FUND OR TO THE STATE INSURANCE FUND. THE BUDGET DIRECTOR, ACTING
   36  IN CONSULTATION WITH THE CHAIR OF THE WORKERS' COMPENSATION BOARD, SHALL
   37  DETERMINE WHETHER ANY MONEY RETURNED TO THE STATE INSURANCE  FUND  IS  A
   38  LOAN  OR  A  TRANSFER  AND  THE  TERMS AND CONDITIONS THEREIN. ANY FUNDS
   39  TRANSFERRED OR LOANED TO   THE STATE  INSURANCE  FUND  UPON  THE  BUDGET
   40  DIRECTOR'S  REQUEST  MAY BE INVESTED IN A MANNER CONSISTENT WITH INVEST-
   41  MENT GUIDELINES PURSUANT TO SUBDIVISION TWO OF SECTION  EIGHTY-SEVEN  OF
   42  THE WORKERS' COMPENSATION LAW.
   43    ANNUALLY, THE STATE INSURANCE FUND AND THE WORKERS' COMPENSATION BOARD
   44  WILL  PROVIDE  TO THE DIRECTOR OF THE BUDGET AN ACCOUNTING OF SUCH FUNDS
   45  AND ALL ASSOCIATED INCOME RECEIVED. SUCH ACCOUNTING WILL CONTINUE  UNTIL
   46  SUCH TIME AS DETERMINED BY THE DIRECTOR OF THE BUDGET.
   47    12. THE CHAIR SHALL PROMULGATE REGULATIONS TO CARRY OUT THE PROVISIONS
   48  OF THIS SECTION.
   49    13.  TO  EFFECTUATE  AN  EFFICIENT  ASSESSMENT  PROCESS AND THE PROPER
   50  MANAGEMENT OF THE WORKERS' COMPENSATION SYSTEM ALL DATA IN POSSESSION OF
   51  THE COMPENSATION INSURANCE RATING BOARD SHALL BE MADE AVAILABLE  TO  THE
   52  BOARD AND THE DEPARTMENT OF FINANCIAL SERVICES UPON REQUEST.
   53    S 23. Subdivision 5 of section 54 of the workers' compensation law, as
   54  amended  by chapter 164 of the laws of 1992 and the closing paragraph as
   55  added by chapter 322 of the laws of 2008, is amended to read as follows:
       S. 2605--A                         122                        A. 3005--A
    1    5. Cancellation and termination of insurance contracts. No contract of
    2  insurance issued by an insurance carrier against liability arising under
    3  this chapter shall be cancelled within the time limited in such contract
    4  for its expiration unless notice is given as required by  this  section.
    5  When  cancellation  is due to non-payment of premiums, OR NON-PAYMENT OF
    6  ASSESSMENTS AS REQUIRED IN THE CONTRACT OF INSURANCE, such  cancellation
    7  shall not be effective until at least ten days after a notice of cancel-
    8  lation  of  such  contract, on a date specified in such notice, shall be
    9  filed in the office of the chair and also served on the employer.   When
   10  cancellation is due to any reason other than non-payment of premiums, OR
   11  NON-PAYMENT  OF  ASSESSMENTS  AS  REQUIRED IN THE CONTRACT OF INSURANCE,
   12  such cancellation shall not be effective  until  at  least  thirty  days
   13  after  a notice of cancellation of such contract, on a date specified in
   14  such notice, shall be filed in the office of the chair and  also  served
   15  on the employer; provided, however, in either case, that if the employer
   16  has  secured  insurance  with  another  insurance  carrier which becomes
   17  effective prior to the expiration of the time stated in such notice, the
   18  cancellation shall be effective as of the date of such  other  coverage.
   19  No  insurer  shall refuse to renew any policy insuring against liability
   20  arising under this chapter unless at least  thirty  days  prior  to  its
   21  expiration notice of intention not to renew has been filed in the office
   22  of the chair and also served on the employer.
   23    Such  notice  shall be served on the employer by delivering it to him,
   24  her or it or by sending it by mail, by certified or  registered  letter,
   25  return  receipt  requested, addressed to the employer at his, her or its
   26  last known place of business; provided that, if the employer be a  part-
   27  nership, then such notice may be so given to any of one of the partners,
   28  and if the employer be a corporation then the notice may be given to any
   29  agent  or  officer  of  the  corporation  upon whom legal process may be
   30  served; and further provided that an employer may designate  any  person
   31  or  entity  at  any  address to receive such notice including the desig-
   32  nation of one person or entity to receive notice on behalf  of  multiple
   33  entities  insured  under one insurance policy and that service of notice
   34  at the address so designated upon the person or entity so designated  by
   35  delivery  or  by mail, by certified or registered letter, return receipt
   36  requested,  shall  satisfy  the  notice  requirement  of  this  section.
   37  Provided, however, the right to cancellation of a policy of insurance in
   38  the  state  fund shall be exercised only for non-payment of premiums, OR
   39  NON-PAYMENT OF ASSESSMENTS AS REQUIRED IN THE CONTRACT OF INSURANCE,  or
   40  as provided in section ninety-four of this chapter.
   41    The  provisions  of  this  subdivision shall not apply with respect to
   42  policies containing coverage pursuant to subsection (j) of section three
   43  thousand four hundred twenty of the  insurance  law  relating  to  every
   44  policy  providing  comprehensive  personal liability insurance on a one,
   45  two, three or four family owner-occupied dwelling.
   46    In the event such cancellation or termination notice is not filed with
   47  the chair within the required time period,  the  chair  shall  impose  a
   48  penalty  in  the  amount  of up to five hundred dollars for each ten-day
   49  period the insurance carrier or state insurance fund failed to file  the
   50  notification. All penalties collected pursuant to this subdivision shall
   51  be deposited in the uninsured employers' fund.
   52    S 24. Section 93 of the workers' compensation law, as amended by chap-
   53  ter  94 of the laws of 1988 and subdivisions b and c as amended by chap-
   54  ter 635 of the laws of 1996, is amended to read as follows:
   55    S 93. Collection of premium in case of default. a. If  a  policyholder
   56  shall  default  in  any  payment required to be made by him to the state
       S. 2605--A                         123                        A. 3005--A
    1  insurance fund after due notice, his insurance in the state fund may  be
    2  cancelled and the amount due from him shall be collected by civil action
    3  brought against him in any county wherein the state insurance fund main-
    4  tains  an office in the name of the commissioners of the state insurance
    5  fund and the same when collected, shall be paid into the state insurance
    6  fund, and such policyholder's compliance with  the  provisions  of  this
    7  chapter  requiring payments to be made to the state insurance fund shall
    8  date from the time of the payment of said money to the  state  insurance
    9  fund.
   10    b.  An  employer,  whose policy of insurance has been cancelled by the
   11  state insurance fund for non-payment of premium, OR FOR  NON-PAYMENT  OF
   12  ASSESSMENTS  AS  REQUIRED  IN  THE  CONTRACT  OF INSURANCE, or withdraws
   13  pursuant to section  ninety-four  of  this  article,  is  ineligible  to
   14  contract  for  a subsequent policy of insurance with the state insurance
   15  fund while the billed premium on the  cancelled  policy  remains  uncol-
   16  lected.
   17    c. The state insurance fund shall not be required to write a policy of
   18  insurance  for any employer which is owned or controlled or the majority
   19  interest of which is owned or controlled, directly or indirectly, by any
   20  person  who  directly  or  indirectly  owns  or  controls  or  owned  or
   21  controlled  at  the time of cancellation an employer whose former policy
   22  of insurance with the state insurance fund was cancelled for non-payment
   23  of premium, OR  FOR  NON-PAYMENT  OF  ASSESSMENTS  AS  REQUIRED  IN  THE
   24  CONTRACT  OF  INSURANCE, or withdraws pursuant to section ninety-four of
   25  this article or who is or was at the time of cancellation the president,
   26  vice-president, secretary or treasurer of such  an  employer  until  the
   27  billed premium on the cancelled policy is paid.
   28    For  purposes of this subdivision, "person" shall include individuals,
   29  partnerships, corporations, and other associations.
   30    S 25. Section 146 of the workers' compensation law is REPEALED.
   31    S 26. Section 214 of the workers' compensation law, as added by  chap-
   32  ter 600 of the laws of 1949, the opening paragraph as amended by chapter
   33  653  of the laws of 1958, subdivision 2 as amended by chapter 187 of the
   34  laws of 1983, subdivision 3 as amended by chapter 629  of  the  laws  of
   35  1958, subdivision 4 as amended by chapter 727 of the laws of 1950 and as
   36  further  amended  by  section 104 of part A of chapter 62 of the laws of
   37  2011, and subdivision 5 as added by chapter 18 of the laws of  2010,  is
   38  amended to read as follows:
   39    S 214. Special fund for disability benefits. There is hereby created a
   40  fund which shall be known as the special fund for disability benefits to
   41  provide  for  the  payment  of  disability  benefits  under sections two
   42  hundred seven, two hundred thirteen and attendance fees under  [subdivi-
   43  sion two of] section two hundred thirty-two of this article.
   44    1.  [For  the purpose of accumulating funds for payment of benefits to
   45  the disabled unemployed, there is hereby assessed a contribution at  the
   46  rate of two-tenths of one per centum of the wages paid during the period
   47  from  January  first, nineteen hundred fifty to June thirtieth, nineteen
   48  hundred fifty inclusive, to  employees  in  the  employment  of  covered
   49  employers  on or after January first, nineteen hundred fifty, but not in
   50  excess of twelve cents per week as to each such employee, of  which  the
   51  employee  shall  contribute one-tenth of one per centum of his wages but
   52  not in excess of six cents per week, and  the  employer  shall  make  an
   53  equal  contribution. The contributions of the employee shall be deducted
   54  from his wages in the same manner as provided  in  section  two  hundred
   55  nine. On or before April thirtieth, nineteen hundred fifty, the employer
   56  shall  pay  to the chairman the contributions with respect to wages paid
       S. 2605--A                         124                        A. 3005--A
    1  during the quarterly period ending March thirty-first, nineteen  hundred
    2  fifty,  and  on or before July thirty-first, nineteen hundred fifty, the
    3  employer shall pay to the chairman the  contributions  with  respect  to
    4  wages  paid  during the quarterly period ending June thirtieth, nineteen
    5  hundred fifty.
    6    2.] As promptly as practicable after April  first,  [nineteen  hundred
    7  fifty-eight  and  thereafter annually as soon as practicable after April
    8  first] in each year, the chairman shall ascertain the condition  of  the
    9  fund, and if as of any such date the net assets of the fund shall be one
   10  million  dollars  or  more  below the sum of twelve million dollars, the
   11  chairman shall assess and collect [from all carriers hereinafter  speci-
   12  fied]  an  amount  sufficient  to restore the fund to an amount equal to
   13  twelve million dollars. [Carriers subject to this  assessment  shall  be
   14  such  carriers  as shall have covered employees in employment during the
   15  preceding three calendar years or any portion or portions  thereof.  The
   16  proportion  of  the  total  assessment to be assessed upon and collected
   17  from each carrier shall be that proportion thereof that the total of the
   18  payrolls covered by such carrier during said three calendar years  bears
   19  to  the  total  of all such payrolls covered by all such carriers during
   20  said three calendar years, except that the term "payrolls" as used here-
   21  in shall be deemed limited to the first seven thousand dollars of  earn-
   22  ings  of  each  employee  during any calendar year and except that there
   23  shall be excluded the payroll of employees of a  class  or  classes  for
   24  whom  plan benefits provided under this article are payable during unem-
   25  ployment for a period not less than the period provided in  section  two
   26  hundred  seven under an agreement between the employer or an association
   27  of employers and an association of the employees which has been accepted
   28  as a plan under section two hundred eleven. The chairman, before  making
   29  an  assessment  as herein provided, shall give thirty days notice to all
   30  such carriers, in the same manner provided in section two hundred  twen-
   31  ty-eight,  that  an  itemized  statement of the condition of the fund is
   32  open for inspection]. SUCH ASSESSMENT SHALL BE INCLUDED IN  THE  ASSESS-
   33  MENT RATE ESTABLISHED PURSUANT TO SUBDIVISION TWO OF SECTION ONE HUNDRED
   34  FIFTY-ONE  OF THIS CHAPTER. SUCH ASSESSMENTS SHALL BE DEPOSITED WITH THE
   35  COMMISSIONER OF TAXATION AND FINANCE AND TRANSFERRED TO THE  BENEFIT  OF
   36  SUCH  FUND UPON PAYMENT OF DEBT SERVICE, IF ANY, PURSUANT TO SECTION ONE
   37  HUNDRED FIFTY-ONE OF THIS CHAPTER.
   38    [3.] 2. Whenever the net assets of the fund shall be less  than  three
   39  million  dollars  and  the  disability claims currently being paid shall
   40  indicate the necessity of supplementing the assets of the  fund  [before
   41  the  next  annual  assessment can be made,] the chairman may [assess and
   42  collect for all such carriers, in the same proportions  established  for
   43  the  last  preceding  annual assessment,] TRANSFER FROM MONIES COLLECTED
   44  PURSUANT TO SUBDIVISION TWO OF SECTION ONE  HUNDRED  FIFTY-ONE  OF  THIS
   45  CHAPTER  an  amount sufficient in the discretion of the chairman for the
   46  needs of the fund, but not in excess of an amount sufficient to  restore
   47  the  fund  to  twelve million dollars. [Before making any such emergency
   48  assessment the chairman shall give thirty days notice to  such  carriers
   49  in  the  same manner as provided with respect to annual assessments, and
   50  an itemized statement of the  condition  of  the  fund  shall,  in  like
   51  manner, be open for inspection.]
   52    [4.]  3.  All  contributions  and assessments received by the chairman
   53  under the provisions of this section shall be credited to the fund here-
   54  in established and deposited by  the  chairman  to  the  credit  of  the
   55  commissioner  of  taxation  and finance for the benefit of the fund. The
   56  superintendent of financial services may examine into the  condition  of
       S. 2605--A                         125                        A. 3005--A
    1  the  fund  at  any time on his own initiative or upon the request of the
    2  chairman.
    3    [5. Notwithstanding any inconsistent provision of law to the contrary,
    4  effective  April  first,  two  thousand  nine,  any amounts available in
    5  excess of the maximum net asset balance of twelve million dollars pursu-
    6  ant to subdivision two of this section,  shall  be  transferred  by  the
    7  comptroller  to  the general fund, at the request of the director of the
    8  budget.]
    9    S 27. Section 228 of the workers' compensation law is REPEALED  and  a
   10  new section 228 is added to read as follows:
   11    S  228.  ADMINISTRATIVE  EXPENSES.  1.  THE  ESTIMATED ANNUAL EXPENSES
   12  NECESSARY  FOR  THE  WORKERS'  COMPENSATION  BOARD  TO  ADMINISTER   THE
   13  PROVISIONS OF THE DISABILITY BENEFITS LAW SHALL BE BORNE BY ALL AFFECTED
   14  EMPLOYERS AND INCLUDED AS PART OF THE ASSESSMENT RATE GENERATED PURSUANT
   15  TO SUBDIVISION TWO OF SECTION ONE HUNDRED FIFTY-ONE OF THIS CHAPTER.
   16    2.  ANNUALLY, AS SOON AS PRACTICABLE AFTER THE FIRST DAY OF APRIL, THE
   17  CHAIR AND DEPARTMENT OF AUDIT AND  CONTROL  SHALL  ASCERTAIN  THE  TOTAL
   18  AMOUNT OF ACTUAL EXPENSES.
   19    S 28.  Subdivision 6 of section 3 of the volunteer firefighters' bene-
   20  fit law is amended to read as follows:
   21    6.  "Surviving spouse" means the legal [wife of a deceased male volun-
   22  teer fireman or the legal husband of a deceased female  volunteer  fire-
   23  man,  as  the  case may be,] SPOUSE OF A DECEASED VOLUNTEER FIREFIGHTER,
   24  but shall not include a spouse who has abandoned the deceased. The  term
   25  "abandoned",  as  used in this subdivision, means such an abandonment as
   26  would be sufficient under section [eleven hundred sixty-one of the civil
   27  practice act] TWO HUNDRED OF THE DOMESTIC RELATIONS  LAW  to  sustain  a
   28  judgment of separation on that ground.
   29    S  29.  Section  60  of  the  volunteer  firefighters'  benefit law is
   30  REPEALED and a new section 60 is added to read as follows:
   31    S 60. ASSESSMENT FOR EXPENSES. 1. THE ESTIMATED ANNUAL EXPENSES NECES-
   32  SARY FOR THE WORKERS' COMPENSATION BOARD TO ADMINISTER THE PROVISIONS OF
   33  THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW SHALL BE BORNE BY  ALL  AFFECTED
   34  EMPLOYERS AND INCLUDED AS PART OF THE ASSESSMENT RATE GENERATED PURSUANT
   35  TO  SUBDIVISION  TWO  OF  SECTION  ONE HUNDRED FIFTY-ONE OF THE WORKERS'
   36  COMPENSATION LAW.
   37    2. ANNUALLY, THE CHAIR OF THE DEPARTMENT OF AUDIT AND CONTROL, AS SOON
   38  AS PRACTICABLE AFTER THE FIRST  OF  APRIL,  SHALL  ASCERTAIN  THE  TOTAL
   39  AMOUNT OF ACTUAL EXPENSES.
   40    S  30.  Subdivision 6 of section 3 of the volunteer ambulance workers'
   41  benefit law is amended to read as follows:
   42    6. "Surviving spouse" means the legal [wife of a deceased male  volun-
   43  teer  ambulance worker or the legal husband of a deceased female] SPOUSE
   44  OF A DECEASED volunteer ambulance worker[, as  the  case  may  be],  but
   45  shall  not  include  a  spouse  who has abandoned the deceased. The term
   46  "abandoned", as used in this subdivision, means such an  abandonment  as
   47  would  be sufficient under section two hundred of the domestic relations
   48  law to sustain a judgment of separation on that ground.
   49    S 31. Section 60 of the volunteer ambulance workers'  benefit  law  is
   50  REPEALED and a new section 60 is added to read as follows:
   51    S 60. ASSESSMENT FOR EXPENSES. 1. THE ESTIMATED ANNUAL EXPENSES NECES-
   52  SARY FOR THE WORKERS' COMPENSATION BOARD TO ADMINISTER THE PROVISIONS OF
   53  THE  VOLUNTEER  AMBULANCE  WORKERS'  BENEFIT  LAW  SHALL BE BORNE BY ALL
   54  AFFECTED EMPLOYERS AND INCLUDED AS PART OF THE ASSESSMENT RATE GENERATED
   55  PURSUANT TO SUBDIVISION TWO OF SECTION  ONE  HUNDRED  FIFTY-ONE  OF  THE
   56  WORKERS' COMPENSATION LAW.
       S. 2605--A                         126                        A. 3005--A
    1    2. ANNUALLY, THE CHAIR OF THE DEPARTMENT OF AUDIT AND CONTROL, AS SOON
    2  AS  PRACTICABLE  AFTER  THE  FIRST  OF  APRIL, SHALL ASCERTAIN THE TOTAL
    3  AMOUNT OF ACTUAL EXPENSES.
    4    S 32. Section 50 of the workers' compensation law is amended by adding
    5  a new subdivision 12 to read as follows:
    6    12.  THE  CHAIR,  WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET, MAY
    7  REQUEST THE ISSUANCE OF BONDS BY THE DORMITORY AUTHORITY FOR ONE OR MORE
    8  OF THE PURPOSES AUTHORIZED BY SECTION SIXTEEN HUNDRED  EIGHTY-Q  OF  THE
    9  PUBLIC  AUTHORITIES  LAW  AND BY A SELF-INSURED BOND FINANCING AGREEMENT
   10  AUTHORIZED BY SECTION FIFTY-C OF THIS ARTICLE. THE NET PROCEEDS OF  SUCH
   11  BONDS  SHALL BE DEPOSITED INTO THE SELF-INSURER OFFSET FUND OR AS OTHER-
   12  WISE PROVIDED BY THE APPLICABLE SELF-INSURED BOND FINANCING AGREEMENT.
   13    S 33. Subdivision 4 of section 50-a of the workers'  compensation  law
   14  is  renumbered subdivision 5 and a new subdivision 4 is added to read as
   15  follows:
   16    4. TO THE EXTENT PROVIDED BY THE SELF-INSURER BOND FINANCING AGREEMENT
   17  THE CHAIR MAY REQUEST THE DORMITORY AUTHORITY TO TRANSFER BOND  PROCEEDS
   18  INTO SUCH ACCOUNT FOR THE PURPOSES OUTLINED IN THE BOND FINANCING AGREE-
   19  MENT.
   20    S 34. The workers' compensation law is amended by adding a new section
   21  50-c to read as follows:
   22    S  50-C.  SELF-INSURED  BONDS.  1. THE CHAIR, WITH THE COMMISSIONER OF
   23  TAXATION AND FINANCE, IS AUTHORIZED TO ENTER INTO A FINANCING  AGREEMENT
   24  WITH  THE  DORMITORY  AUTHORITY,  TO  BE KNOWN AS THE "SELF-INSURED BOND
   25  FINANCING AGREEMENT". SUCH AGREEMENT SHALL SET  FORTH  THE  PROCESS  FOR
   26  CALCULATING  THE  ANNUAL  DEBT  SERVICE OF BONDS ISSUED BY THE DORMITORY
   27  AUTHORITY AND ANY OTHER ASSOCIATED COSTS IN CONNECTION WITH THE SELF-IN-
   28  SURER OFFSET FUND, AS SET FORTH IN SECTION SIXTEEN HUNDRED  EIGHTY-Q  OF
   29  THE  PUBLIC  AUTHORITIES  LAW. FOR PURPOSES OF THIS SECTION, "ASSOCIATED
   30  COSTS" MAY INCLUDE A COVERAGE FACTOR,  RESERVE  FUND  REQUIREMENTS,  ALL
   31  COSTS  OF  ANY  NATURE INCURRED BY THE DORMITORY AUTHORITY IN CONNECTION
   32  WITH THE SELF-INSURED BOND FINANCING AGREEMENT OR PURSUANT THERETO,  THE
   33  COSTS  OF  ANY INDEPENDENT AUDITS UNDERTAKEN UNDER THIS SECTION, AND ANY
   34  OTHER COSTS FOR THE IMPLEMENTATION OF THIS SUBDIVISION AND THE  ISSUANCE
   35  OF  BONDS  BY  THE DORMITORY AUTHORITY, INCLUDING INTEREST RATE EXCHANGE
   36  PAYMENTS, REBATE PAYMENTS, LIQUIDITY FEES, CREDIT PROVIDER FEES, FIDUCI-
   37  ARY FEES, REMARKETING, DEALER, AUCTION AGENT AND RELATED FEES AND  OTHER
   38  SIMILAR  BOND-RELATED  EXPENSES,  UNLESS  OTHERWISE FUNDED. BY SEPTEMBER
   39  FIRST OF EACH YEAR, THE DORMITORY AUTHORITY SHALL PROVIDE TO  THE  CHAIR
   40  THE  CALCULATION  OF  THE  AMOUNT  EXPECTED  TO BE PAID BY THE DORMITORY
   41  AUTHORITY IN DEBT SERVICE AND ASSOCIATED COSTS FOR PURPOSES OF CALCULAT-
   42  ING THE ASSESSMENTS FOR THE  DEBT  SERVICE  PORTION  OF  THE  ASSESSMENT
   43  PROVIDED  FOR UNDER THIS CHAPTER. ALL MONIES RECEIVED ON ACCOUNT OF SUCH
   44  ASSESSMENTS SHALL BE APPLIED IN ACCORDANCE WITH THIS  CHAPTER  AND  WITH
   45  THE  SELF-INSURED  BOND  FINANCING  AGREEMENT  UNTIL THE FINANCIAL OBLI-
   46  GATIONS OF THE DORMITORY AUTHORITY IN RESPECT TO ITS CONTRACT  WITH  ITS
   47  BONDHOLDERS ARE MET AND ALL ASSOCIATED COSTS PAYABLE TO OR BY THE DORMI-
   48  TORY  AUTHORITY  HAVE  BEEN PAID, NOTWITHSTANDING ANY OTHER PROVISION OF
   49  LAW RESPECTING SECURED TRANSACTIONS. THIS PROVISION MAY BE  INCLUDED  BY
   50  THE  DORMITORY AUTHORITY IN ANY CONTRACT OF THE DORMITORY AUTHORITY WITH
   51  ITS BONDHOLDERS. THE SELF-INSURED BOND FINANCING AGREEMENT MAY  RESTRICT
   52  DISBURSEMENTS,  INVESTMENTS,  OR  REBATES, AND MAY PRESCRIBE A SYSTEM OF
   53  ACCOUNTS APPLICABLE TO THE SELF-INSURER OFFSET FUND AS  CONSISTENT  WITH
   54  THE PROVISIONS OF THIS CHAPTER GOVERNING SUCH FUND, INCLUDING CUSTODY OF
   55  FUNDS AND ACCOUNTS WITH A TRUSTEE THAT MAY BE PRESCRIBED BY THE DORMITO-
   56  RY  AUTHORITY AS PART OF ITS CONTRACT WITH THE BONDHOLDERS. FOR PURPOSES
       S. 2605--A                         127                        A. 3005--A
    1  OF THIS SUBDIVISION, THE TERM "BONDS"  SHALL  INCLUDE  NOTES  ISSUED  IN
    2  ANTICIPATION  OF  THE  ISSUANCE  OF BONDS, OR NOTES ISSUED PURSUANT TO A
    3  COMMERCIAL PAPER PROGRAM.
    4    2.  THE  CHAIR  IS  HEREBY  AUTHORIZED  TO  RECEIVE  AND CREDIT TO THE
    5  SELF-INSURER OFFSET FUND ANY SUM  OR  SUMS  THAT  MAY  AT  ANY  TIME  BE
    6  CONTRIBUTED  TO  THE STATE BY THE UNITED STATES OF AMERICA UNDER ANY ACT
    7  OF CONGRESS, OR OTHERWISE, TO WHICH THE STATE MAY BE OR BECOME  ENTITLED
    8  BY REASON OF ANY PAYMENTS MADE OUT OF SUCH FUND.
    9    3.  NOTWITHSTANDING  ANY OTHER LAW TO THE CONTRARY, THE CHAIR SHALL BE
   10  THE CUSTODIAN OF THE SELF-INSURER  OFFSET  FUND  AND,  UNLESS  OTHERWISE
   11  PROVIDED  FOR  IN THE SELF-INSURED BOND FINANCING AGREEMENT, THE COMMIS-
   12  SIONER OF TAXATION AND FINANCE  SHALL  INVEST  ANY  SURPLUS  OR  RESERVE
   13  MONEYS  THEREOF  IN  SECURITIES  WHICH  CONSTITUTE LEGAL INVESTMENTS FOR
   14  SAVINGS BANKS UNDER THE LAWS OF  THIS  STATE  AND  IN  INTEREST  BEARING
   15  CERTIFICATES  OF  DEPOSIT OF A BANK OR TRUST COMPANY LOCATED AND AUTHOR-
   16  IZED TO DO BUSINESS IN THIS STATE OR OF A NATIONAL BANK LOCATED IN  THIS
   17  STATE  SECURED BY A PLEDGE OF DIRECT OBLIGATIONS OF THE UNITED STATES OR
   18  OF THE STATE OF NEW YORK IN AN  AMOUNT  EQUAL  TO  THE  AMOUNT  OF  SUCH
   19  CERTIFICATES  OF  DEPOSIT, AND MAY SELL ANY OF THE SECURITIES OR CERTIF-
   20  ICATES OF DEPOSIT IN WHICH SUCH FUND IS INVESTED IF  NECESSARY  FOR  THE
   21  PROPER  ADMINISTRATION  OR  IN THE BEST INTEREST OF SUCH FUND. DISBURSE-
   22  MENTS FROM SUCH FUND AS PROVIDED BY THIS SUBDIVISION SHALL  BE  MADE  BY
   23  THE  COMMISSIONER  OF  TAXATION AND FINANCE UNLESS THE SELF-INSURED BOND
   24  FINANCING AGREEMENT PROVIDES FOR SOME OTHER MEANS  OF  AUTHORIZING  SUCH
   25  DISBURSEMENTS  THAT  IS NO LESS PROTECTIVE OF THE FUND. THE COMMISSIONER
   26  OF TAXATION AND FINANCE AS SOON AS PRACTICABLE AFTER  JANUARY  FIRST  OF
   27  EACH  YEAR,  SHALL FURNISH TO THE CHAIR A STATEMENT OF THE FUND, SETTING
   28  FORTH THE BALANCE OF MONEYS IN THE SAID FUND AS OF THE BEGINNING OF  THE
   29  CALENDAR  YEAR,  THE  INCOME OF THE FUND, THE SUMMARY OF PAYMENTS OUT OF
   30  THE FUND ON ACCOUNT OF REIMBURSEMENTS AND OTHER CHARGES  ORDERED  TO  BE
   31  PAID  BY  THE  BOARD, AND ALL OTHER CHARGES AGAINST THE FUND AND SETTING
   32  FORTH THE BALANCE OF THE FUND REMAINING  TO  ITS  CREDIT  ON  THE  PRIOR
   33  DECEMBER  THIRTY-FIRST  OF  EACH  YEAR.  SUCH STATEMENT SHALL BE OPEN TO
   34  PUBLIC INSPECTION IN THE OFFICE OF THE SECRETARY  OF  THE  BOARD.    THE
   35  CHAIR  SHALL  INCLUDE IN THE REPORTS TO THE GOVERNOR, THE SPEAKER OF THE
   36  ASSEMBLY AND THE TEMPORARY  PRESIDENT  OF  THE  SENATE  AS  REQUIRED  BY
   37  SECTION  NINE  OF PART G OF CHAPTER FIFTY-SEVEN OF THE LAWS OF TWO THOU-
   38  SAND ELEVEN, A SUMMARY OF THE STATUS OF THE BONDING  PROGRAM  AUTHORIZED
   39  BY THIS SECTION.  THE COMMISSIONER OF TAXATION AND FINANCE MAY ESTABLISH
   40  WITHIN THE SELF-INSURER OFFSET FUND SUCH ACCOUNTS AND SUB-ACCOUNTS AS HE
   41  OR  SHE  DEEMS  USEFUL FOR THE OPERATION OF THE FUND, OR AS NECESSARY TO
   42  SEGREGATE MONEYS WITHIN THE FUND,  SUBJECT  TO  THE  PROVISIONS  OF  THE
   43  SELF-INSURED BOND FINANCING AGREEMENT AND OF THIS CHAPTER.
   44    S  35.  The  public authorities law is amended by adding a new section
   45  1680-q to read as follows:
   46    S 1680-Q. SELF-INSURED BOND FINANCING. 1. AS USED IN THIS SECTION  THE
   47  FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   48    (A)  "ANCILLARY  BOND  FACILITY"  MEANS  ANY INTEREST RATE EXCHANGE OR
   49  SIMILAR AGREEMENT OR ANY BOND INSURANCE  POLICY,  LETTER  OF  CREDIT  OR
   50  OTHER   CREDIT  ENHANCEMENT  FACILITY,  LIQUIDITY  FACILITY,  GUARANTEED
   51  INVESTMENT  OR  REINVESTMENT  AGREEMENT,  OR  OTHER  SIMILAR  AGREEMENT,
   52  ARRANGEMENT OR CONTRACT.
   53    (B)  "BENEFITED  PARTY"  MEANS  ANY  PERSON,  FIRM OR CORPORATION THAT
   54  ENTERS INTO AN ANCILLARY BOND FACILITY WITH THE AUTHORITY  ACCORDING  TO
   55  THE PROVISIONS OF THIS SECTION.
       S. 2605--A                         128                        A. 3005--A
    1    (C)  "BONDS" MEANS ANY BONDS, NOTES, CERTIFICATES OF PARTICIPATION AND
    2  OTHER EVIDENCE OF INDEBTEDNESS  ISSUED  BY  THE  AUTHORITY  PURSUANT  TO
    3  SUBDIVISION FIVE OF THIS SECTION.
    4    (D)  "BOND  OWNERS  OR OWNERS OF BONDS" MEANS ANY REGISTERED OWNERS OF
    5  BONDS.
    6    (E) "CHAIR" MEANS THE CHAIR OF THE WORKERS' COMPENSATION BOARD.
    7    (F) "CODE" MEANS THE UNITED STATES INTERNAL REVENUE CODE OF  1986,  AS
    8  AMENDED.
    9    (G)  "COSTS  OF  ISSUANCE" MEANS ANY ITEM OF EXPENSE DIRECTLY OR INDI-
   10  RECTLY PAYABLE OR REIMBURSABLE BY  THE  AUTHORITY  AND  RELATED  TO  THE
   11  AUTHORIZATION,  SALE,  OR  ISSUANCE OF BONDS, INCLUDING, BUT NOT LIMITED
   12  TO, UNDERWRITING FEES AND FEES AND EXPENSES OF PROFESSIONAL  CONSULTANTS
   13  AND FIDUCIARIES.
   14    (H)  "DEBT SERVICE" MEANS ACTUAL DEBT SERVICE, COMPRISED OF PRINCIPAL,
   15  INTEREST AND ASSOCIATED COSTS, AS DEFINED  IN  SECTION  FIFTY-C  OF  THE
   16  WORKERS' COMPENSATION LAW.
   17    (I)  "DIRECTOR  OF THE BUDGET" OR "DIRECTOR" MEANS THE DIRECTOR OF THE
   18  BUDGET OF THE STATE OF NEW YORK.
   19    (J) "FINANCING COSTS" MEANS ALL COSTS OF ISSUANCE, CAPITALIZED  INTER-
   20  EST,  CAPITALIZED  OPERATING  EXPENSES OF THE AUTHORITY AND, PURSUANT TO
   21  THE SELF-INSURED BOND FINANCING AGREEMENT, FEES, COST OF  ANY  ANCILLARY
   22  BOND FACILITY, AND ANY OTHER FEES, DISCOUNTS, EXPENSES AND COSTS RELATED
   23  TO  ISSUING, SECURING AND MARKETING THE BONDS INCLUDING, WITHOUT LIMITA-
   24  TION, ANY NET ORIGINAL ISSUE DISCOUNT.
   25    (K) "INVESTMENT SECURITIES" SHALL HAVE THE SAME MEANING AS  SET  FORTH
   26  IN SECTION ONE THOUSAND SIX HUNDRED EIGHTY-L OF THIS TITLE.
   27    (L)  "INTEREST  RATE  EXCHANGE  OR  SIMILAR AGREEMENT" MEANS A WRITTEN
   28  CONTRACT ENTERED INTO IN CONNECTION WITH THE ISSUANCE OF BONDS  OR  WITH
   29  SUCH BONDS OUTSTANDING WITH A COUNTERPARTY TO PROVIDE FOR AN EXCHANGE OR
   30  SWAP  OF  PAYMENTS  BASED UPON FIXED AND/OR VARIABLE INTEREST RATES, AND
   31  SHALL BE FOR EXCHANGES IN CURRENCY OF THE UNITED STATES OF AMERICA ONLY.
   32    (M) "NET PROCEEDS" MEANS THE AMOUNT OF  PROCEEDS  REMAINING  FOLLOWING
   33  EACH  SALE OF BONDS WHICH ARE NOT REQUIRED BY THE AUTHORITY FOR PURPOSES
   34  OF THIS SECTION TO PAY OR PROVIDE FOR DEBT SERVICE OR  FINANCING  COSTS,
   35  AS PROVIDED IN THE SELF-INSURED BOND FINANCING AGREEMENT.
   36    (N)  "OPERATING  EXPENSES" MEANS THE REASONABLE OR NECESSARY OPERATING
   37  EXPENSES OF THE AUTHORITY FOR PURPOSES OF THIS SECTION, INCLUDING, WITH-
   38  OUT LIMITATION, THE COSTS OF:  RETENTION  OF  AUDITORS,  PREPARATION  OF
   39  ACCOUNTING  AND  OTHER REPORTS, MAINTENANCE OF THE RATINGS ON THE BONDS,
   40  ANY OPERATING EXPENSE RESERVE FUND, INSURANCE PREMIUMS,  ANCILLARY  BOND
   41  FACILITIES,  REBATE  PAYMENTS,  ANNUAL MEETINGS OR OTHER REQUIRED ACTIV-
   42  ITIES OF THE AUTHORITY, AND PROFESSIONAL CONSULTANTS AND FIDUCIARIES.
   43    (O) "OUTSTANDING", WHEN USED WITH  RESPECT  TO  BONDS,  SHALL  EXCLUDE
   44  BONDS  THAT  SHALL  HAVE  BEEN  PAID  IN FULL AT MATURITY, OR SHALL HAVE
   45  OTHERWISE BEEN REFUNDED, REDEEMED, DEFEASED OR DISCHARGED, OR  THAT  MAY
   46  BE DEEMED NOT OUTSTANDING PURSUANT TO AGREEMENTS WITH THE HOLDERS THERE-
   47  OF.
   48    (P)  "PLEDGED  ASSESSMENTS  REVENUES",  "PLEDGED REVENUES" OR "PLEDGED
   49  ASSESSMENTS" MEANS RECEIPTS  OF  THE  ASSESSMENTS  IMPOSED  PURSUANT  TO
   50  SECTION  ONE  HUNDRED  FIFTY-ONE  OF  THE  WORKERS' COMPENSATION LAW AND
   51  PLEDGED FOR THE PAYMENT OF DEBT SERVICE ON  THE  BONDS  OR  AMOUNTS  DUE
   52  PURSUANT  TO  AN ANCILLARY BOND FACILITY, INCLUDING THE RIGHT TO RECEIVE
   53  SAME.
   54    (Q) "SELF-INSURER OFFSET FUND" SHALL MEAN THE FUND COMPOSED OF  REVEN-
   55  UES,  INCLUDING  THOSE  OBTAINED BY THE BONDS ISSUED UNDER THIS SECTION,
       S. 2605--A                         129                        A. 3005--A
    1  WHICH SHALL BE USED SOLELY FOR THE  PURPOSES  DESCRIBED  IN  SUBDIVISION
    2  FOUR OF THIS SECTION.
    3    (R)  "SELF-INSURED  EMPLOYER"  MEANS INDIVIDUAL AND GROUP SELF-INSURED
    4  EMPLOYERS ESTABLISHED IN ACCORDANCE WITH SECTION FIFTY OF  THE  WORKERS'
    5  COMPENSATION LAW.
    6    (S) "STATE" MEANS THE STATE OF NEW YORK.
    7    (T)  "SELF-INSURED  BOND FINANCING AGREEMENT" OR "FINANCING AGREEMENT"
    8  MEANS AN AGREEMENT AUTHORIZED AND CREATED PURSUANT TO  SUBDIVISION  FOUR
    9  OF THIS SECTION AND SECTION FIFTY-C OF THE WORKERS' COMPENSATION LAW, AS
   10  SAME BY ITS TERMS AND BOND PROCEEDINGS, MAY BE AMENDED.
   11    2. THE AUTHORITY IS HEREBY AUTHORIZED TO ISSUE BONDS TO REDUCE ASSESS-
   12  MENTS IMPOSED ON SELF-INSURED EMPLOYERS UNDER SECTION FIFTY OF THE WORK-
   13  ERS'  COMPENSATION  LAW AS A RESULT OF THE UNFUNDED CLAIMS OF INDIVIDUAL
   14  AND GROUP SELF-INSURERS. THE AUTHORITY MAY ENTER INTO ONE OR MORE  SELF-
   15  INSURED  BOND  FINANCING  AGREEMENTS DESCRIBED IN SECTION FIFTY-C OF THE
   16  WORKERS' COMPENSATION LAW. ALL OF THE PROVISIONS OF THE PUBLIC  AUTHORI-
   17  TIES  LAW  RELATING  TO BONDS AND NOTES OF THE DORMITORY AUTHORITY WHICH
   18  ARE NOT INCONSISTENT WITH THE PROVISIONS OF THIS SECTION SHALL APPLY  TO
   19  OBLIGATIONS AUTHORIZED BY THIS SECTION, INCLUDING BUT NOT LIMITED TO THE
   20  POWER TO ESTABLISH ADEQUATE RESERVES THEREFOR AND TO ISSUE RENEWAL NOTES
   21  OR  REFUNDING  BONDS THEREOF. THE PROVISIONS OF THIS SECTION SHALL APPLY
   22  SOLELY TO OBLIGATIONS AUTHORIZED BY THIS SECTION.
   23    3. IT IS FOUND AND DECLARED THAT UNFUNDED CLAIMS IN EITHER  THE  INDI-
   24  VIDUAL  OR GROUP SELF-INSURANCE TRUST PROGRAM WILL, ABSENT PROVISION FOR
   25  LONG-TERM FINANCING, RESULT IN IMPOSITION OF COSTS ON ALL  SELF-INSURERS
   26  THROUGH  ASSESSMENTS; THAT SUCH UNFUNDED CLAIMS AND ASSESSMENTS MAY HAVE
   27  A DETRIMENTAL IMPACT ON BUSINESSES AND  NOT-FOR-PROFIT  CORPORATIONS  IN
   28  NEW  YORK  STATE AND ON THE PROVISION OF SERVICES TO NEW YORK RESIDENTS;
   29  THAT WITHOUT FINANCING THE  BOARD  MAY  BE  REQUIRED  TO  IMPOSE  HIGHER
   30  ASSESSMENTS  TO  PAY SUCH UNFUNDED CLAIMS; THAT FINANCING WILL ALLOW THE
   31  WORKERS' COMPENSATION BOARD TO PURCHASE ONE OR MORE ASSUMPTIONS OF WORK-
   32  ERS' COMPENSATION LIABILITY POLICIES THAT WILL LIMIT THE LONG TERM LOSS-
   33  ES FROM THESE UNFUNDED CLAIMS; THAT THE BONDS WILL PROVIDE A MORE  EFFI-
   34  CIENT  MEANS  OF  COVERING  UNFUNDED  CLAIMS  THAN THE CURRENT SYSTEM OF
   35  ASSESSMENT ON ALL SELF-INSUREDS; THAT BONDS ISSUED BY THE AUTHORITY  AND
   36  SECURED  BY  ASSESSMENTS LEVIED, FOR THE GOVERNMENTAL PURPOSE OF FUNDING
   37  ASSUMPTION OF WORKERS' COMPENSATION LIABILITY POLICIES, AMORTIZED OVER A
   38  SUBSTANTIAL PERIOD WOULD ALLOW THE STATE TO LIMIT  LIABILITIES  AND  THE
   39  ASSESSMENTS  NEEDED  TO  PAY  THEM, THEREBY FURTHERING THE POLICY OF THE
   40  STATE TO REDUCE THE COSTS OF WORKERS' COMPENSATION AND  TO  IMPROVE  THE
   41  BUSINESS  CLIMATE  IN THE STATE AND THE ABILITY OF NOT-FOR-PROFIT CORPO-
   42  RATIONS TO PERFORM ESSENTIAL SERVICES WHILE COMPENSATING  INJURED  WORK-
   43  ERS;  THAT  ALL COSTS OF THE AUTHORITY IN RELATION TO THIS SECTION SHALL
   44  BE PAID FROM ASSESSMENTS PROVIDED FOR IN THE WORKERS' COMPENSATION  LAW;
   45  AND  THAT,  THEREFORE, THE PROVISIONS OF THIS SECTION ARE FOR THE PUBLIC
   46  BENEFIT AND GOOD AND THE AUTHORIZATION AS PROVIDED IN THIS  SECTION  FOR
   47  THE  ISSUANCE  OF REVENUE OBLIGATIONS OF THE AUTHORITY IS DECLARED TO BE
   48  FOR A PUBLIC PURPOSE AND THE EXERCISE OF AN ESSENTIAL GOVERNMENTAL FUNC-
   49  TION.
   50    4. (A) THE AUTHORITY, THE COMMISSIONER OF TAXATION AND FINANCE AND THE
   51  CHAIR, IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET SHALL  EXECUTE  A
   52  FINANCING  AGREEMENT  PRIOR TO THE ISSUANCE OF ANY BONDS. SUCH AGREEMENT
   53  SHALL CONTAIN SUCH TERMS AND CONDITIONS AS ARE NECESSARY  TO  CARRY  OUT
   54  AND  EFFECTUATE  THE  PURPOSES OF THIS SECTION, INCLUDING COVENANTS WITH
   55  RESPECT TO THE ASSESSMENTS  AND  ENFORCEMENT  OF  THE  ASSESSMENTS,  THE
   56  APPLICATION AND USE OF THE PROCEEDS OF THE SALE OF BONDS TO PRESERVE THE
       S. 2605--A                         130                        A. 3005--A
    1  TAX  EXEMPTION  ON  THE  BONDS,  THE INTEREST ON WHICH IS INTENDED TO BE
    2  EXEMPT FROM TAXATION. THE STATE SHALL NOT  BE  AUTHORIZED  TO  MAKE  ANY
    3  COVENANT, PLEDGE, PROMISE OR AGREEMENT PURPORTING TO BIND THE STATE WITH
    4  RESPECT TO PLEDGED REVENUES, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED
    5  BY THIS SECTION.
    6    (B)  THE  NET  PROCEEDS  OF THE BONDS SHALL BE DEPOSITED IN ACCORDANCE
    7  WITH THE SELF-INSURED BOND FINANCING AGREEMENT  AND  THIS  SECTION.  THE
    8  SELF-INSURED  BOND FINANCING AGREEMENT SHALL PROVIDE FOR THE APPLICATION
    9  OF THE NET BOND PROCEEDS, AND SUCH BOND PROCEEDS SHALL BE USED, FOR  ANY
   10  OF  THE FOLLOWING PURPOSES: (I) TO PAY UNMET COMPENSATION OR BENEFITS OF
   11  INDIVIDUAL AND GROUP SELF-INSURED EMPLOYERS; (II)  TO  PURCHASE  ONE  OR
   12  MORE ASSUMPTION OF WORKERS' COMPENSATION LIABILITY POLICIES TO DISCHARGE
   13  THE  LIABILITIES  INCURRED  OR TO BE INCURRED UNDER SUBDIVISION THREE OR
   14  THREE-A OF SECTION FIFTY OF THE WORKERS' COMPENSATION LAW; OR  (III)  TO
   15  PAY  FINANCING COSTS OF THE BONDS ISSUED UNDER THIS SECTION.  NOT INCON-
   16  SISTENT WITH THIS SECTION, THE AUTHORITY MAY PROVIDE RESTRICTIONS ON THE
   17  USE AND INVESTMENT OF NET PROCEEDS OF THE BONDS AND OTHER AMOUNTS IN THE
   18  SELF-INSURED BOND FINANCING AGREEMENT OR OTHERWISE IN A  TAX  REGULATORY
   19  AGREEMENT  AS NECESSARY OR DESIRABLE TO ASSURE THAT THEY ARE EXEMPT FROM
   20  TAXATION.
   21    5. (A) (I) THE AUTHORITY SHALL HAVE POWER AND IS HEREBY AUTHORIZED  TO
   22  ISSUE  ITS  BONDS  AT SUCH TIMES AND IN SUCH AGGREGATE PRINCIPAL AMOUNTS
   23  NOT TO EXCEED AN AMOUNT TO BE DETERMINED BY THE CHAIR  AS  NECESSARY  TO
   24  FUND THE PURPOSES OF THIS SECTION, BUT IN NO CASE EXCEEDING NINE HUNDRED
   25  MILLION DOLLARS EXCLUSIVE OF ANY BONDS ISSUED TO REFUND BONDS PREVIOUSLY
   26  ISSUED PURSUANT TO THIS CHAPTER AND ANY BONDS ISSUED TO FUND ANY RESERVE
   27  FUNDS  COST  OF  ISSUANCE OR ORIGINAL ISSUE PREMIUM.  THE BONDS SHALL BE
   28  ISSUED FOR THE FOLLOWING CORPORATE PURPOSES: (A) TO  PAY  CURRENT  UNMET
   29  COMPENSATION OR BENEFITS OF INDIVIDUAL AND GROUP SELF-INSURED EMPLOYERS;
   30  (B) TO PURCHASE ONE OR MORE ASSUMPTIONS OF WORKERS' COMPENSATION LIABIL-
   31  ITY  POLICIES  TO  DISCHARGE  THE LIABILITIES INCURRED OR TO BE INCURRED
   32  UNDER SUBDIVISION THREE OR THREE-A OF  SECTION  FIFTY  OF  THE  WORKERS'
   33  COMPENSATION  LAW;  OR  (C)  TO  PAY FINANCING COSTS OF THE BONDS ISSUED
   34  UNDER THIS SECTION.
   35    (II) EACH ISSUANCE OF BONDS SHALL BE AUTHORIZED BY A RESOLUTION OF THE
   36  AUTHORITY, PROVIDED, HOWEVER, THAT ANY SUCH RESOLUTION MAY  DELEGATE  TO
   37  AN  OFFICER  OF THE AUTHORITY THE POWER TO ISSUE SUCH BONDS FROM TIME TO
   38  TIME AND TO FIX THE DETAILS OF ANY SUCH ISSUES OF BONDS BY AN  APPROPRI-
   39  ATE  CERTIFICATE OF SUCH AUTHORIZED OFFICER. EVERY ISSUE OF THE BONDS OF
   40  THE AUTHORITY FOR THE SELF-INSURER OFFSET FUND SHALL BE SPECIAL  REVENUE
   41  OBLIGATIONS  PAYABLE  FROM AND SECURED BY A PLEDGE OF REVENUES AND OTHER
   42  ASSETS, INCLUDING THOSE PROCEEDS OF SUCH BONDS DEPOSITED  IN  A  RESERVE
   43  FUND  FOR  THE  BENEFIT  OF BONDHOLDERS, EARNINGS ON SUCH FUNDS AND SUCH
   44  OTHER FUNDS AND ASSETS AS MAY BECOME  AVAILABLE,  UPON  SUCH  TERMS  AND
   45  CONDITIONS  AS  SPECIFIED BY THE AUTHORITY IN THE RESOLUTION UNDER WHICH
   46  THE BONDS ARE ISSUED OR IN A RELATED TRUST INDENTURE.
   47    (III) THE AUTHORITY SHALL HAVE THE POWER AND IS HEREBY AUTHORIZED FROM
   48  TIME TO TIME TO ISSUE BONDS, IN CONSULTATION WITH THE CHAIR, THE COMMIS-
   49  SIONER OF TAXATION AND FINANCE AND THE DIRECTOR OF THE BUDGET, TO REFUND
   50  ANY BONDS ISSUED UNDER THIS SECTION BY THE ISSUANCE OF NEW BONDS, WHETH-
   51  ER THE BONDS TO BE REFUNDED HAVE OR HAVE NOT MATURED, AND TO ISSUE BONDS
   52  PARTLY TO REFUND BONDS THEN OUTSTANDING AND PARTLY FOR ANY OF ITS  OTHER
   53  CORPORATE  PURPOSES  UNDER  THIS  SECTION.  THE  REFUNDING  BONDS MAY BE
   54  EXCHANGED FOR THE BONDS TO BE REFUNDED OR SOLD AND THE PROCEEDS  APPLIED
   55  TO THE PURCHASE, REDEMPTION OR PAYMENT OF SUCH BONDS.
       S. 2605--A                         131                        A. 3005--A
    1    (B)  THE  BONDS  OF  THE AUTHORITY OF EACH ISSUE SHALL BE DATED, SHALL
    2  BEAR INTEREST (WHICH, IN THE OPINION OF BOND COUNSEL TO  THE  AUTHORITY,
    3  MAY  BE  INCLUDABLE IN OR EXCLUDABLE FROM THE GROSS INCOME OF THE OWNERS
    4  FOR FEDERAL INCOME TAX PURPOSES) AT SUCH FIXED OR VARIABLE RATES,  PAYA-
    5  BLE  AT OR PRIOR TO MATURITY, AND SHALL MATURE AT SUCH TIME OR TIMES, AS
    6  MAY BE DETERMINED BY THE AUTHORITY AND MAY  BE  MADE  REDEEMABLE  BEFORE
    7  MATURITY,  AT  THE  OPTION OF THE AUTHORITY, AT SUCH PRICE OR PRICES AND
    8  UNDER SUCH TERMS AND CONDITIONS AS MAY BE FIXED BY  THE  AUTHORITY.  THE
    9  PRINCIPAL  AND  INTEREST OF SUCH BONDS MAY BE MADE PAYABLE IN ANY LAWFUL
   10  MEDIUM. THE RESOLUTION OR THE  CERTIFICATE  OF  THE  AUTHORIZED  OFFICER
   11  SHALL  DETERMINE  THE FORM OF THE BONDS, EITHER REGISTERED OR BOOK-ENTRY
   12  FORM, AND THE MANNER OF EXECUTION OF THE BONDS AND SHALL FIX THE DENOMI-
   13  NATION OR DENOMINATIONS OF THE BONDS AND THE PLACE OR PLACES OF  PAYMENT
   14  OF  PRINCIPAL  AND  INTEREST  THEREOF, WHICH MAY BE AT ANY BANK OR TRUST
   15  COMPANY WITHIN OR OUTSIDE THE STATE. IF ANY OFFICER WHOSE SIGNATURE OR A
   16  FACSIMILE THEREOF APPEARS ON ANY BONDS SHALL CEASE TO  BE  SUCH  OFFICER
   17  BEFORE  THE  DELIVERY  OF  SUCH BONDS, SUCH SIGNATURE OR FACSIMILE SHALL
   18  NEVERTHELESS BE VALID AND SUFFICIENT FOR ALL PURPOSES  THE  SAME  AS  IF
   19  SUCH  OFFICER  HAD REMAINED IN OFFICE UNTIL SUCH DELIVERY. THE AUTHORITY
   20  MAY ALSO PROVIDE FOR TEMPORARY BONDS AND FOR THE REPLACEMENT OF ANY BOND
   21  THAT SHALL BECOME MUTILATED OR SHALL BE DESTROYED OR LOST.
   22    (C) THE AUTHORITY MAY SELL SUCH BONDS, EITHER AT A PUBLIC  OR  PRIVATE
   23  SALE  AND  EITHER ON A COMPETITIVE OR NEGOTIATED BASIS, PROVIDED NO SUCH
   24  BONDS MAY BE SOLD BY THE AUTHORITY AT PRIVATE SALE UNLESS SUCH SALE  AND
   25  THE  TERMS  THEREOF  HAVE BEEN APPROVED IN WRITING BY THE COMPTROLLER OF
   26  THE STATE OF NEW YORK. THE PROCEEDS OF SUCH BONDS SHALL BE DISBURSED FOR
   27  THE PURPOSES FOR WHICH SUCH BONDS WERE ISSUED UNDER SUCH RESTRICTIONS AS
   28  THE FINANCING AGREEMENT AND THE RESOLUTION AUTHORIZING THE  ISSUANCE  OF
   29  SUCH  BONDS OR THE RELATED TRUST INDENTURE MAY PROVIDE. SUCH BONDS SHALL
   30  BE ISSUED WITHOUT ANY  OTHER  APPROVALS,  FILINGS,  PROCEEDINGS  OR  THE
   31  HAPPENING  OF  ANY  OTHER CONDITIONS OTHER THAN ANY APPROVALS, FINDINGS,
   32  PROCEEDINGS, OR  OTHER  CONDITIONS  THAT  ARE  SPECIFIED  AND  EXPRESSLY
   33  REQUIRED  BY THIS SECTION; PROVIDED, HOWEVER, THAT ANY ISSUANCE OF BONDS
   34  UNDER THE AUTHORITY OF THIS SECTION SHALL BE CONSIDERED  A  PROJECT  FOR
   35  THE  PURPOSES  OF  SECTION  FIFTY-ONE  OF  THIS  CHAPTER  AND SUBJECT TO
   36  APPROVAL UNDER SUCH SECTION.
   37    (D) ANY PLEDGE MADE BY THE AUTHORITY SHALL BE VALID AND BINDING AT THE
   38  TIME THE PLEDGE IS MADE. THE ASSETS,  PROPERTY,  REVENUES,  RESERVES  OR
   39  EARNINGS  SO  PLEDGED  SHALL  IMMEDIATELY BE SUBJECT TO THE LIEN OF SUCH
   40  PLEDGE WITHOUT ANY PHYSICAL DELIVERY THEREOF OR FURTHER ACT AND THE LIEN
   41  OF ANY SUCH PLEDGE SHALL BE VALID AND BINDING  AS  AGAINST  ALL  PARTIES
   42  HAVING CLAIMS OF ANY KIND AGAINST THE AUTHORITY, IRRESPECTIVE OF WHETHER
   43  SUCH PARTIES HAVE NOTICE THEREOF. NOTWITHSTANDING ANY OTHER PROVISION OF
   44  LAW  TO  THE  CONTRARY, NEITHER THE BOND RESOLUTION NOR ANY INDENTURE OR
   45  OTHER INSTRUMENT, INCLUDING THE FINANCING AGREEMENT, BY WHICH  A  PLEDGE
   46  IS CREATED OR BY WHICH THE AUTHORITY'S INTEREST IN PLEDGED ASSETS, PROP-
   47  ERTY,  REVENUES, RESERVES OR EARNINGS THEREON IS ASSIGNED NEED BE FILED,
   48  PERFECTED OR RECORDED IN ANY PUBLIC RECORDS  IN  ORDER  TO  PROTECT  THE
   49  PLEDGE  THEREOF  OR  PERFECT  THE LIEN THEREOF AS AGAINST THIRD PARTIES,
   50  EXCEPT THAT A COPY THEREOF SHALL BE FILED IN THE RECORDS OF THE AUTHORI-
   51  TY.
   52    (E) WHETHER OR NOT THE BONDS OF THE AUTHORITY ARE  OF  SUCH  FORM  AND
   53  CHARACTER AS TO BE NEGOTIABLE INSTRUMENTS UNDER THE TERMS OF THE UNIFORM
   54  COMMERCIAL  CODE,  THE  BONDS ARE HEREBY MADE NEGOTIABLE INSTRUMENTS FOR
   55  ALL PURPOSES, SUBJECT ONLY TO THE PROVISIONS OF THE BONDS FOR  REGISTRA-
   56  TION.
       S. 2605--A                         132                        A. 3005--A
    1    (F)  AT  THE SOLE DISCRETION OF THE AUTHORITY, ANY BONDS ISSUED BY THE
    2  AUTHORITY AND ANY ANCILLARY BOND FACILITY MADE UNDER THE  PROVISIONS  OF
    3  THIS  SUBDIVISION  MAY  BE SECURED BY A RESOLUTION OR TRUST INDENTURE BY
    4  AND BETWEEN THE AUTHORITY AND THE TRUST INDENTURE TRUSTEE, WHICH MAY  BE
    5  ANY  TRUST COMPANY OR BANK HAVING THE POWERS OF A TRUST COMPANY, WHETHER
    6  LOCATED WITHIN OR OUTSIDE THE STATE,  PROVIDED  IT  IS  CARRIED  OUT  IN
    7  ACCORDANCE  WITH  SECTION  SIXTY-NINE-D  OF  THE STATE FINANCE LAW. SUCH
    8  TRUST INDENTURE OR RESOLUTION PROVIDING FOR THE ISSUANCE OF  SUCH  BONDS
    9  MAY  PROVIDE  FOR  THE  CREATION AND MAINTENANCE OF SUCH RESERVES AS THE
   10  AUTHORITY SHALL DETERMINE TO BE PROPER AND MAY INCLUDE COVENANTS SETTING
   11  FORTH THE DUTIES OF THE AUTHORITY IN  RELATION  TO  THE  BONDS,  OR  THE
   12  FINANCING  AGREEMENT.  SUCH  TRUST  INDENTURE  OR RESOLUTION MAY CONTAIN
   13  PROVISIONS: (I) RESPECTING THE CUSTODY, SAFE-GUARDING AND APPLICATION OF
   14  ALL MONEYS AND SECURITIES; (II) PROTECTING AND ENFORCING THE RIGHTS  AND
   15  REMEDIES  (PURSUANT  TO THE TRUST INDENTURE AND THE FINANCING AGREEMENT)
   16  OF THE OWNERS OF THE BONDS AND ANY  OTHER  BENEFITED  PARTY  AS  MAY  BE
   17  REASONABLE  AND PROPER AND NOT IN VIOLATION OF LAW; (III) CONCERNING THE
   18  RIGHTS, POWERS AND DUTIES OF THE TRUSTEE APPOINTED BY BONDHOLDERS PURSU-
   19  ANT TO PARAGRAPH (G) OF THIS SUBDIVISION; OR (IV) LIMITING OR ABROGATING
   20  THE RIGHT OF THE BONDHOLDERS TO APPOINT A TRUSTEE. IT  SHALL  BE  LAWFUL
   21  FOR  ANY  BANK  OR  TRUST  COMPANY  WHICH  MAY  ACT AS DEPOSITORY OF THE
   22  PROCEEDS OF BONDS OR OF ANY  OTHER  FUNDS  OR  OBLIGATIONS  RECEIVED  ON
   23  BEHALF  OF THE AUTHORITY TO FURNISH SUCH INDEMNIFYING BONDS OR TO PLEDGE
   24  SUCH SECURITIES AS MAY BE REQUIRED BY  THE  AUTHORITY.  ANY  SUCH  TRUST
   25  INDENTURE OR RESOLUTION MAY CONTAIN SUCH OTHER PROVISIONS AS THE AUTHOR-
   26  ITY  MAY  DEEM  REASONABLE  AND  PROPER FOR PRIORITIES AND SUBORDINATION
   27  AMONG THE OWNERS OF THE BONDS AND OTHER BENEFICIARIES. FOR  PURPOSES  OF
   28  THIS  SECTION,  A  "RESOLUTION" OF THE AUTHORITY SHALL INCLUDE ANY TRUST
   29  INDENTURE AUTHORIZED THEREBY.
   30    (G) THE AUTHORITY MAY ENTER INTO, AMEND OR TERMINATE, AS IT DETERMINES
   31  TO BE NECESSARY OR APPROPRIATE, ANY ANCILLARY BOND FACILITY IN CONSULTA-
   32  TION WITH THE CHAIR AND DIRECTOR OF THE BUDGET  (I)  TO  FACILITATE  THE
   33  ISSUANCE, SALE, RESALE, PURCHASE, REPURCHASE OR PAYMENT OF BONDS, INTER-
   34  EST  RATE SAVINGS OR MARKET DIVERSIFICATION OR THE MAKING OR PERFORMANCE
   35  OF INTEREST RATE EXCHANGE OR SIMILAR AGREEMENTS, INCLUDING WITHOUT LIMI-
   36  TATION BOND INSURANCE, LETTERS OF CREDIT AND LIQUIDITY FACILITIES,  (II)
   37  TO  ATTEMPT  TO  MANAGE  OR  HEDGE RISK OR ACHIEVE A DESIRABLE EFFECTIVE
   38  INTEREST RATE OR CASH FLOW, OR (III) TO PLACE THE OBLIGATIONS OR INVEST-
   39  MENTS OF THE AUTHORITY, AS REPRESENTED BY THE BONDS OR THE INVESTMENT OF
   40  RESERVED BOND PROCEEDS OR OTHER PLEDGED REVENUES  OR  OTHER  ASSETS,  IN
   41  WHOLE OR IN PART, ON THE INTEREST RATE, CASH FLOW OR OTHER BASIS DECIDED
   42  IN CONSULTATION WITH THE CHAIR AND DIRECTOR OF THE BUDGET, WHICH FACILI-
   43  TY  MAY  INCLUDE WITHOUT LIMITATION CONTRACTS COMMONLY KNOWN AS INTEREST
   44  RATE EXCHANGE OR SIMILAR AGREEMENTS, FORWARD PURCHASE CONTRACTS OR GUAR-
   45  ANTEED INVESTMENT CONTRACTS  AND  FUTURES  OR  CONTRACTS  PROVIDING  FOR
   46  PAYMENTS  BASED  ON  LEVELS  OF,  OR  CHANGES  IN, INTEREST RATES. THESE
   47  CONTRACTS OR ARRANGEMENTS MAY  BE  ENTERED  INTO  BY  THE  AUTHORITY  IN
   48  CONNECTION  WITH,  OR  INCIDENTAL  TO, ENTERING INTO, OR MAINTAINING ANY
   49  AGREEMENT WHICH  SECURES  BONDS  OF  THE  AUTHORITY  OR  INVESTMENT,  OR
   50  CONTRACT  PROVIDING FOR INVESTMENT OF RESERVES OR SIMILAR FACILITY GUAR-
   51  ANTEEING AN INVESTMENT RATE FOR A PERIOD OF  YEARS  NOT  TO  EXCEED  THE
   52  UNDERLYING TERM OF THE BONDS. THE DETERMINATION BY THE AUTHORITY THAT AN
   53  ANCILLARY  BOND  FACILITY  OR  THE  AMENDMENT  OR TERMINATION THEREOF IS
   54  NECESSARY OR APPROPRIATE AS AFORESAID SHALL BE CONCLUSIVE. ANY ANCILLARY
   55  BOND FACILITY MAY CONTAIN SUCH PAYMENT, SECURITY, DEFAULT,  REMEDY,  AND
   56  TERMINATION  PROVISIONS  AND  PAYMENTS AND OTHER TERMS AND CONDITIONS AS
       S. 2605--A                         133                        A. 3005--A
    1  DETERMINED BY THE AUTHORITY,  AFTER  GIVING  DUE  CONSIDERATION  TO  THE
    2  CREDITWORTHINESS OF THE COUNTERPARTY OR OTHER OBLIGATED PARTY, INCLUDING
    3  ANY  RATING  BY  ANY  NATIONALLY RECOGNIZED RATING AGENCY, AND ANY OTHER
    4  CRITERIA AS MAY BE APPROPRIATE.
    5    (H)  THE AUTHORITY, SUBJECT TO SUCH AGREEMENTS WITH BONDHOLDERS AS MAY
    6  THEN EXIST (INCLUDING PROVISIONS WHICH RESTRICT THE POWER OF THE AUTHOR-
    7  ITY TO PURCHASE BONDS), OR WITH THE PROVIDERS OF ANY  APPLICABLE  ANCIL-
    8  LARY  BOND  FACILITY,  SHALL  HAVE  THE POWER OUT OF ANY FUNDS AVAILABLE
    9  THEREFOR TO PURCHASE BONDS OF THE AUTHORITY, WHICH MAY OR MAY NOT THERE-
   10  UPON BE CANCELLED, AT A PRICE NOT SUBSTANTIALLY EXCEEDING:
   11    (I) IF THE BONDS ARE THEN REDEEMABLE, THE REDEMPTION PRICE THEN APPLI-
   12  CABLE, INCLUDING ANY ACCRUED INTEREST; OR
   13    (II) IF THE BONDS ARE NOT THEN REDEEMABLE, THE  REDEMPTION  PRICE  AND
   14  ACCRUED  INTEREST  APPLICABLE ON THE FIRST DATE AFTER SUCH PURCHASE UPON
   15  WHICH THE BONDS BECOME SUBJECT TO REDEMPTION.
   16    (I) NEITHER THE MEMBERS OF THE AUTHORITY NOR ANY OTHER PERSON  EXECUT-
   17  ING  THE  BONDS  OR AN ANCILLARY BOND FACILITY OF THE AUTHORITY SHALL BE
   18  SUBJECT TO ANY PERSONAL LIABILITY BY REASON OF THE ISSUANCE OR EXECUTION
   19  AND DELIVERY THEREOF.
   20    (J) THE MATURITIES OF THE BONDS SHALL NOT  EXCEED  THIRTY  YEARS  FROM
   21  THEIR RESPECTIVE ISSUANCE.
   22    6.  NEITHER ANY BOND ISSUED PURSUANT TO THIS SECTION NOR ANY ANCILLARY
   23  BOND FACILITY OF THE AUTHORITY SHALL CONSTITUTE A DEBT  OR  MORAL  OBLI-
   24  GATION  OF  THE STATE OR A STATE SUPPORTED OBLIGATION WITHIN THE MEANING
   25  OF ANY CONSTITUTIONAL OR STATUTORY PROVISION OR A PLEDGE  OF  THE  FAITH
   26  AND  CREDIT  OF  THE  STATE OR OF THE TAXING POWER OF THE STATE, AND THE
   27  STATE SHALL NOT BE LIABLE TO MAKE ANY PAYMENTS  THEREON  NOR  SHALL  ANY
   28  BOND  OR  ANY  ANCILLARY  BOND  FACILITY  BE PAYABLE OUT OF ANY FUNDS OR
   29  ASSETS OTHER THAN PLEDGED REVENUES AND OTHER ASSETS OF THE AUTHORITY AND
   30  OTHER FUNDS AND ASSETS OF OR AVAILABLE TO THE AUTHORITY  PLEDGED  THERE-
   31  FOR,  AND  THE  BONDS  AND  ANY ANCILLARY BOND FACILITY OF THE AUTHORITY
   32  SHALL CONTAIN ON THE FACE THEREOF OR OTHER  PROMINENT  PLACE  THEREON  A
   33  STATEMENT TO THE FOREGOING EFFECT.
   34    7.  (A)  SUBJECT TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION
   35  IN THE EVENT THAT THE AUTHORITY SHALL DEFAULT IN THE PAYMENT OF  PRINCI-
   36  PAL  OF,  OR INTEREST ON, OR SINKING FUND PAYMENT ON, ANY ISSUE OF BONDS
   37  AFTER THE SAME SHALL BECOME DUE, WHETHER AT MATURITY OR  UPON  CALL  FOR
   38  REDEMPTION,  OR  IN THE EVENT THAT THE AUTHORITY OR THE STATE SHALL FAIL
   39  TO COMPLY WITH ANY AGREEMENT MADE WITH  THE  HOLDERS  OF  ANY  ISSUE  OF
   40  BONDS,  THE HOLDERS OF TWENTY-FIVE PERCENT IN AGGREGATE PRINCIPAL AMOUNT
   41  OF THE BONDS OF SUCH ISSUE THEN OUTSTANDING, BY  INSTRUMENT  OR  INSTRU-
   42  MENTS  FILED  IN  THE  OFFICE  OF  THE CLERK OF THE COUNTY OF ALBANY AND
   43  PROVED OR ACKNOWLEDGED IN THE SAME MANNER AS A DEED TO BE RECORDED,  MAY
   44  APPOINT  A  TRUSTEE  TO  REPRESENT  THE  HOLDERS  OF  SUCH BONDS FOR THE
   45  PURPOSES HEREIN PROVIDED.
   46    (B) SUCH TRUSTEE, MAY, AND UPON WRITTEN  REQUEST  OF  THE  HOLDERS  OF
   47  TWENTY-FIVE  PERCENT  IN PRINCIPAL AMOUNT OF SUCH BONDS THEN OUTSTANDING
   48  SHALL, IN HIS OR ITS OWN NAME:
   49    (I) BY SUIT, ACTION OR PROCEEDING IN ACCORDANCE WITH THE  CIVIL  PRAC-
   50  TICE LAW AND RULES, ENFORCE ALL RIGHTS OF THE BONDHOLDERS, INCLUDING THE
   51  RIGHT  TO  REQUIRE  THE  AUTHORITY  TO CARRY OUT ANY AGREEMENT WITH SUCH
   52  HOLDERS AND TO PERFORM ITS DUTIES UNDER THIS SECTION;
   53    (II) BRING SUIT UPON SUCH BONDS;
   54    (III) BY ACTION OR SUIT, REQUIRE THE AUTHORITY TO  ACCOUNT  AS  IF  IT
   55  WERE THE TRUSTEE OF AN EXPRESS TRUST FOR THE HOLDERS OF SUCH BONDS;
       S. 2605--A                         134                        A. 3005--A
    1    (IV)  BY ACTION OR SUIT, ENJOIN ANY ACTS OR THINGS WHICH MAY BE UNLAW-
    2  FUL OR IN VIOLATION OF THE RIGHTS OF THE HOLDERS OF SUCH BONDS; AND
    3    (V)  DECLARE ALL SUCH BONDS DUE AND PAYABLE, AND IF ALL DEFAULTS SHALL
    4  BE MADE GOOD, THEN, WITH THE  CONSENT  OF  THE  HOLDERS  OF  TWENTY-FIVE
    5  PERCENT  OF  THE  PRINCIPAL AMOUNT OF SUCH BONDS THEN OUTSTANDING, ANNUL
    6  SUCH DECLARATION AND ITS CONSEQUENCES, PROVIDED, HOWEVER,  THAT  NOTHING
    7  IN  THIS  SUBDIVISION  SHALL  PRECLUDE  THE AUTHORITY FROM AGREEING THAT
    8  CONSENT OF THE PROVIDER OF AN ANCILLARY BOND FACILITY IS REQUIRED FOR AN
    9  ACCELERATION OF RELATED BONDS IN THE EVENT OF A  DEFAULT  OTHER  THAN  A
   10  FAILURE TO PAY PRINCIPAL OF OR INTEREST ON THE BONDS WHEN DUE.
   11    (C)  THE  SUPREME COURT SHALL HAVE JURISDICTION OF ANY SUIT, ACTION OR
   12  PROCEEDING BY THE TRUSTEE ON BEHALF OF SUCH BONDHOLDERS.  THE  VENUE  OF
   13  ANY SUCH SUIT, ACTION OR PROCEEDING SHALL BE LAID IN THE COUNTY OF ALBA-
   14  NY.
   15    (D) BEFORE DECLARING THE PRINCIPAL OF BONDS DUE AND PAYABLE, THE TRUS-
   16  TEE SHALL FIRST GIVE THIRTY DAYS NOTICE IN WRITING TO THE AUTHORITY.
   17    8.  ALL  MONIES OF THE AUTHORITY FROM WHATEVER SOURCE DERIVED SHALL BE
   18  PAID TO THE TREASURER OF THE AUTHORITY AND SHALL BE DEPOSITED  FORTHWITH
   19  IN  A  BANK  OR  BANKS  DESIGNATED  BY THE AUTHORITY. THE MONIES IN SUCH
   20  ACCOUNTS SHALL BE PAID OUT OR WITHDRAWN ON THE ORDER OF SUCH  PERSON  OR
   21  PERSONS  AS  THE  AUTHORITY MAY AUTHORIZE TO MAKE SUCH REQUISITIONS. ALL
   22  DEPOSITS OF SUCH MONIES SHALL EITHER BE SECURED BY  OBLIGATIONS  OF  THE
   23  UNITED  STATES  OR OF THE STATE OR OF ANY MUNICIPALITY OF A MARKET VALUE
   24  EQUAL AT ALL TIMES TO THE AMOUNT ON DEPOSIT, OR MONIES OF THE  AUTHORITY
   25  MAY  BE  DEPOSITED IN MONEY MARKET FUNDS RATED IN THE HIGHEST SHORT-TERM
   26  OR LONG-TERM RATING CATEGORY  BY  AT  LEAST  ONE  NATIONALLY  RECOGNIZED
   27  RATING  AGENCY.  TO  THE  EXTENT  PRACTICABLE,  AND  CONSISTENT WITH THE
   28  REQUIREMENTS OF THE AUTHORITY, ALL SUCH MONIES  SHALL  BE  DEPOSITED  IN
   29  INTEREST BEARING ACCOUNTS. THE AUTHORITY SHALL HAVE POWER, NOTWITHSTAND-
   30  ING  THE PROVISIONS OF THIS SECTION, TO CONTRACT WITH THE HOLDERS OF ANY
   31  BONDS AS TO THE CUSTODY, COLLECTION, SECURITY, INVESTMENT AND PAYMENT OF
   32  ANY MONIES OF THE AUTHORITY OR ANY MONIES HELD IN TRUST OR OTHERWISE FOR
   33  THE PAYMENT OF BONDS OR ANY WAY TO SECURE BONDS, AND CARRY OUT ANY  SUCH
   34  CONTRACT NOTWITHSTANDING THAT SUCH CONTRACT MAY BE INCONSISTENT WITH THE
   35  PROVISIONS  OF  THIS  SECTION. MONIES HELD IN TRUST OR OTHERWISE FOR THE
   36  PAYMENT OF BONDS OR IN ANY WAY TO SECURE  BONDS  AND  DEPOSITS  OF  SUCH
   37  MONEYS  MAY BE SECURED IN THE SAME MANNER AS MONIES OF THE AUTHORITY AND
   38  ALL BANKS AND TRUST COMPANIES ARE AUTHORIZED TO GIVE SUCH  SECURITY  FOR
   39  SUCH  DEPOSITS.  ANY  MONIES OF THE AUTHORITY NOT REQUIRED FOR IMMEDIATE
   40  USE OR DISBURSEMENT MAY, AT THE DISCRETION OF THE AUTHORITY, BE INVESTED
   41  IN ACCORDANCE WITH LAW AND  SUCH  GUIDELINES  AS  ARE  APPROVED  BY  THE
   42  AUTHORITY.
   43    9.  (A) IT IS HEREBY DETERMINED THAT THE CARRYING OUT BY THE AUTHORITY
   44  OF ITS CORPORATE PURPOSES UNDER THIS SECTION ARE IN ALL RESPECTS FOR THE
   45  BENEFIT OF THE PEOPLE OF THE STATE OF NEW YORK AND ARE PUBLIC  PURPOSES.
   46  ACCORDINGLY,  THE AUTHORITY SHALL BE REGARDED AS PERFORMING AN ESSENTIAL
   47  GOVERNMENTAL FUNCTION IN THE EXERCISE OF THE POWERS CONFERRED UPON IT BY
   48  THIS SECTION. THE PROPERTY OF THE AUTHORITY, ITS INCOME  AND  ITS  OPER-
   49  ATIONS  SHALL  BE EXEMPT FROM TAXATION, ASSESSMENTS, SPECIAL ASSESSMENTS
   50  AND AD VALOREM LEVIES. THE AUTHORITY SHALL NOT BE REQUIRED  TO  PAY  ANY
   51  FEES,  TAXES,  SPECIAL  AD  VALOREM  LEVIES  OR ASSESSMENTS OF ANY KIND,
   52  WHETHER STATE OR LOCAL, INCLUDING, BUT NOT  LIMITED  TO,  REAL  PROPERTY
   53  TAXES, FRANCHISE TAXES, SALES TAXES OR OTHER TAXES, UPON OR WITH RESPECT
   54  TO ANY PROPERTY OWNED BY IT OR UNDER ITS JURISDICTION, CONTROL OR SUPER-
   55  VISION,  OR UPON THE USES THEREOF, OR UPON OR WITH RESPECT TO ITS ACTIV-
   56  ITIES OR OPERATIONS IN FURTHERANCE OF THE POWERS CONFERRED  UPON  IT  BY
       S. 2605--A                         135                        A. 3005--A
    1  THIS  SECTION, OR UPON OR WITH RESPECT TO ANY ASSESSMENTS, RATES, CHARG-
    2  ES, FEES, REVENUES OR OTHER INCOME RECEIVED BY THE AUTHORITY.
    3    (B)  ANY BONDS ISSUED PURSUANT TO THIS SECTION, THEIR TRANSFER AND THE
    4  INCOME THEREFROM SHALL, AT ALL TIMES, BE EXEMPT FROM TAXATION EXCEPT FOR
    5  ESTATE OR GIFT TAXES AND TAXES ON TRANSFERS.
    6    (C) THE STATE HEREBY COVENANTS WITH THE PURCHASERS AND WITH ALL SUBSE-
    7  QUENT HOLDERS AND TRANSFEREES OF BONDS ISSUED BY THE AUTHORITY  PURSUANT
    8  TO  THIS  SECTION, IN CONSIDERATION OF THE ACCEPTANCE OF AND PAYMENT FOR
    9  THE BONDS, THAT THE BONDS OF  THE  AUTHORITY  ISSUED  PURSUANT  TO  THIS
   10  SECTION  AND THE INCOME THEREFROM AND ALL ASSESSMENTS, REVENUES, MONEYS,
   11  AND OTHER PROPERTY RECEIVED BY THE AUTHORITY AND PLEDGED TO  PAY  OR  TO
   12  SECURE THE PAYMENT OF SUCH BONDS SHALL AT ALL TIMES BE EXEMPT FROM TAXA-
   13  TION.
   14    (D)  IN  THE  CASE OF ANY BONDS OF THE AUTHORITY, INTEREST ON WHICH IS
   15  INTENDED TO BE EXEMPT FROM  FEDERAL  INCOME  TAX,  THE  AUTHORITY  SHALL
   16  PRESCRIBE  RESTRICTIONS  ON  THE USE OF THE PROCEEDS THEREOF AND RELATED
   17  MATTERS ONLY AS ARE NECESSARY OR DESIRABLE TO ASSURE SUCH EXEMPTION, AND
   18  THE RECIPIENTS OF SUCH PROCEEDS SHALL BE BOUND  THEREBY  TO  THE  EXTENT
   19  SUCH  RESTRICTIONS SHALL BE MADE APPLICABLE TO THEM. ANY SUCH RECIPIENT,
   20  INCLUDING, BUT NOT LIMITED TO, THE STATE, THE STATE  INSURANCE  FUND,  A
   21  PUBLIC  BENEFIT  CORPORATION,  AND  A SCHOOL DISTRICT OR MUNICIPALITY IS
   22  AUTHORIZED TO EXECUTE A TAX REGULATORY AGREEMENT WITH THE  AUTHORITY  OR
   23  THE  STATE,  AS  THE CASE MAY BE, AND THE EXECUTION OF SUCH AN AGREEMENT
   24  MAY BE TREATED BY THE AUTHORITY OR THE STATE AS A CONDITION TO RECEIVING
   25  ANY SUCH PROCEEDS.
   26    10. (A) THE STATE,  SOLELY  WITH  RESPECT  TO  THE  RESOURCES  OF  THE
   27  SELF-INSURER  OFFSET  FUND  AND  AS  SET  FORTH IN THE SELF-INSURED BOND
   28  FINANCING AGREEMENT, COVENANTS WITH THE PURCHASERS  AND  ALL  SUBSEQUENT
   29  OWNERS AND TRANSFEREES OF BONDS ISSUED BY THE AUTHORITY PURSUANT TO THIS
   30  SECTION  IN CONSIDERATION OF THE ACCEPTANCE OF THE PAYMENT OF THE BONDS,
   31  UNTIL THE BONDS, TOGETHER WITH THE INTEREST THEREON,  WITH  INTEREST  ON
   32  ANY  UNPAID  INSTALLMENT  OF  INTEREST  AND  ALL  COSTS  AND EXPENSES IN
   33  CONNECTION WITH ANY ACTION OR PROCEEDING ON BEHALF OF  THE  OWNERS,  ARE
   34  FULLY  MET  AND  DISCHARGED  OR  UNLESS EXPRESSLY PERMITTED OR OTHERWISE
   35  AUTHORIZED BY THE TERMS OF EACH FINANCING  AGREEMENT  AND  ANY  CONTRACT
   36  MADE  OR  ENTERED  INTO BY THE AUTHORITY WITH OR FOR THE BENEFIT OF SUCH
   37  OWNERS:
   38    (I) THAT IN THE EVENT BONDS OF THE AUTHORITY  ARE  SOLD  AS  FEDERALLY
   39  TAX-EXEMPT  BONDS,  THE  STATE SHALL NOT TAKE ANY ACTION OR FAIL TO TAKE
   40  ACTION THAT WOULD RESULT IN THE LOSS OF SUCH FEDERAL  TAX  EXEMPTION  ON
   41  SAID BONDS;
   42    (II)  THAT  THE  STATE  WILL  CAUSE THE WORKERS' COMPENSATION BOARD TO
   43  IMPOSE, CHARGE, RAISE, LEVY, COLLECT AND APPLY THE  PLEDGED  ASSESSMENTS
   44  FOR THE PAYMENT OF DEBT SERVICE REQUIREMENTS IN EACH YEAR IN WHICH BONDS
   45  ARE OUTSTANDING; AND
   46    (III)  THAT  THE STATE, SUBSEQUENT TO THE ISSUANCE OF BONDS UNDER THIS
   47  SECTION:
   48    (A) WILL NOT MATERIALLY LIMIT OR ALTER THE DUTIES IMPOSED ON THE WORK-
   49  ERS' COMPENSATION BOARD, THE AUTHORITY, AND OTHER OFFICERS OF THE  STATE
   50  BY  THE  SELF-INSURED  BOND FINANCING AGREEMENT AND THE BOND PROCEEDINGS
   51  AUTHORIZING THE ISSUANCE OF BONDS WITH RESPECT TO APPLICATION OF PLEDGED
   52  ASSESSMENTS FOR THE PAYMENT OF DEBT SERVICE REQUIREMENTS;
   53    (B) WILL NOT ISSUE ANY BONDS, NOTES  OR  OTHER  EVIDENCES  OF  INDEBT-
   54  EDNESS,  OTHER  THAN  THE  BONDS  AUTHORIZED BY THIS SECTION, HAVING ANY
   55  RIGHTS ARISING OUT OF SUBPARAGRAPH TWO OF  PARAGRAPH  C  OF  SUBDIVISION
   56  FIVE  OF  SECTION FIFTY OF THE WORKERS' COMPENSATION LAW OR THIS SECTION
       S. 2605--A                         136                        A. 3005--A
    1  OR SECURED BY ANY PLEDGE OF OR OTHER LIEN  OR  CHARGE  ON  THE  REVENUES
    2  PLEDGED  FOR  THE PAYMENT OF DEBT SERVICE REQUIREMENTS; EXCEPT FOR BONDS
    3  AUTHORIZED UNDER SUBDIVISION EIGHT OF SECTION FIFTEEN  OF  THE  WORKERS'
    4  COMPENSATION LAW.
    5    (C)  WILL  NOT CREATE OR CAUSE TO BE CREATED ANY LIEN OR CHARGE ON THE
    6  PLEDGED REVENUES, OTHER THAN A LIEN OR PLEDGE CREATED  THEREON  PURSUANT
    7  TO SAID SECTIONS;
    8    (D)  WILL  CARRY  OUT  AND  PERFORM,  OR  CAUSE  TO BE CARRIED OUT AND
    9  PERFORMED, EACH AND EVERY PROMISE, COVENANT, AGREEMENT OR CONTRACT  MADE
   10  OR  ENTERED  INTO BY THE FINANCING AGREEMENT, BY THE AUTHORITY OR ON ITS
   11  BEHALF WITH THE BOND OWNERS OF ANY BONDS;
   12    (E) WILL NOT IN ANY WAY IMPAIR THE RIGHTS, EXEMPTIONS OR  REMEDIES  OF
   13  THE BOND OWNERS; AND
   14    (F)  WILL  NOT  LIMIT,  MODIFY, RESCIND, REPEAL OR OTHERWISE ALTER THE
   15  RIGHTS OR OBLIGATIONS OF  THE  APPROPRIATE  OFFICERS  OF  THE  STATE  TO
   16  IMPOSE,  MAINTAIN,  CHARGE  OR  COLLECT THE ASSESSMENTS CONSTITUTING THE
   17  PLEDGED REVENUES AS MAY BE NECESSARY TO PRODUCE SUFFICIENT  REVENUES  TO
   18  FULFILL  THE  TERMS  OF  THE PROCEEDINGS AUTHORIZING THE ISSUANCE OF THE
   19  BONDS, INCLUDING PLEDGED REVENUE COVERAGE REQUIREMENTS.
   20    (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
   21  SION:
   22    (I)  THE  REMEDIES  AVAILABLE TO THE AUTHORITY AND THE BONDHOLDERS FOR
   23  ANY BREACH OF THE PLEDGES AND AGREEMENTS OF THE STATE SET FORTH IN  THIS
   24  SUBDIVISION SHALL BE LIMITED TO INJUNCTIVE RELIEF;
   25    (II)  NOTHING  IN  THIS  SUBDIVISION  SHALL PREVENT THE AUTHORITY FROM
   26  ISSUING EVIDENCES OF INDEBTEDNESS:
   27    (A) WHICH ARE SECURED BY A PLEDGE OR LIEN WHICH IS, AND SHALL  ON  THE
   28  FACE  THEREOF,  BE  EXPRESSLY  SUBORDINATE AND JUNIOR IN ALL RESPECTS TO
   29  EVERY LIEN AND PLEDGE CREATED BY OR PURSUANT TO SAID SECTIONS; OR
   30    (B) WHICH ARE SECURED BY A PLEDGE  OF  OR  LIEN  ON  MONEYS  OR  FUNDS
   31  DERIVED  ON OR AFTER THE DATE EVERY PLEDGE OR LIEN THEREON CREATED BY OR
   32  PURSUANT TO SAID SECTIONS SHALL BE DISCHARGED AND SATISFIED; AND
   33    (III) NOTHING IN THIS SUBDIVISION SHALL PRECLUDE THE STATE FROM  EXER-
   34  CISING  ITS  POWER,  THROUGH A CHANGE IN LAW, TO LIMIT, MODIFY, RESCIND,
   35  REPEAL OR OTHERWISE ALTER THE CHARACTER OF THE  PLEDGED  ASSESSMENTS  OR
   36  REVENUES  OR  TO  SUBSTITUTE  LIKE  OR DIFFERENT SOURCES OF ASSESSMENTS,
   37  TAXES, FEES, CHARGES OR OTHER RECEIPTS AS PLEDGED REVENUES IF  AND  WHEN
   38  ADEQUATE  PROVISION SHALL BE MADE BY LAW FOR THE PROTECTION OF THE HOLD-
   39  ERS OF OUTSTANDING BONDS PURSUANT TO THE  PROCEEDINGS  UNDER  WHICH  THE
   40  BONDS  ARE  ISSUED,  INCLUDING CHANGING OR ALTERING THE METHOD OF ESTAB-
   41  LISHING THE SPECIAL ASSESSMENTS.
   42    (C) THE AUTHORITY IS AUTHORIZED TO INCLUDE THIS COVENANT OF THE STATE,
   43  AS A CONTRACT OF THE STATE, IN ANY AGREEMENT WITH THE OWNER OF ANY BONDS
   44  ISSUED PURSUANT TO THIS SECTION AND IN ANY CREDIT FACILITY OR REIMBURSE-
   45  MENT AGREEMENT WITH RESPECT TO SUCH BONDS.  NOTWITHSTANDING THESE PLEDG-
   46  ES AND AGREEMENTS BY THE STATE, THE ATTORNEY GENERAL MAY IN HIS  OR  HER
   47  DISCRETION  ENFORCE  ANY  AND ALL PROVISIONS RELATED TO THE SELF-INSURED
   48  BOND FUND, WITHOUT LIMITATION.
   49    (D) PRIOR TO THE DATE WHICH IS ONE YEAR AND ONE DAY AFTER THE AUTHORI-
   50  TY NO LONGER HAS ANY BONDS ISSUED PURSUANT TO THIS SECTION  OUTSTANDING,
   51  THE AUTHORITY SHALL HAVE NO AUTHORITY TO FILE A VOLUNTARY PETITION UNDER
   52  CHAPTER  NINE OF THE FEDERAL BANKRUPTCY CODE OR SUCH CORRESPONDING CHAP-
   53  TER OR SECTIONS AS MAY BE IN EFFECT, AND NEITHER ANY PUBLIC OFFICER  NOR
   54  ANY  ORGANIZATION,  ENTITY OR OTHER PERSON SHALL AUTHORIZE THE AUTHORITY
   55  TO BE OR BECOME A DEBTOR UNDER CHAPTER NINE OR ANY SUCCESSOR  OR  CORRE-
   56  SPONDING CHAPTER OR SECTIONS DURING SUCH PERIOD. THE STATE HEREBY COVEN-
       S. 2605--A                         137                        A. 3005--A
    1  ANTS  WITH  THE OWNERS OF THE BONDS OF THE AUTHORITY THAT THE STATE WILL
    2  NOT LIMIT OR ALTER THE DENIAL OF AUTHORITY UNDER THIS SUBDIVISION DURING
    3  THE PERIOD REFERRED TO IN  THE  PRECEDING  SENTENCE.  THE  AUTHORITY  IS
    4  AUTHORIZED  TO  INCLUDE THIS COVENANT OF THE STATE, AS A CONTRACT OF THE
    5  STATE, IN ANY AGREEMENT WITH THE OWNER OF ANY BONDS ISSUED  PURSUANT  TO
    6  THIS SECTION.
    7    (E)  TO  THE EXTENT DEEMED APPROPRIATE BY THE AUTHORITY ANY PLEDGE AND
    8  AGREEMENT OF THE STATE WITH RESPECT TO THE BONDS  AS  PROVIDED  IN  THIS
    9  SECTION MAY BE EXTENDED TO, AND INCLUDED IN, ANY ANCILLARY BOND FACILITY
   10  AS  A PLEDGE AND AGREEMENT OF THE STATE WITH THE AUTHORITY AND THE BENE-
   11  FITED PARTY.
   12    11. THE BONDS OF THE AUTHORITY ARE HEREBY MADE SECURITIES IN WHICH ALL
   13  PUBLIC OFFICERS AND BODIES OF THIS  STATE  AND  ALL  MUNICIPALITIES  AND
   14  POLITICAL  SUBDIVISIONS,  ALL  INSURANCE  COMPANIES AND ASSOCIATIONS AND
   15  OTHER PERSONS CARRYING ON AN INSURANCE  BUSINESS,  ALL  BANKS,  BANKERS,
   16  TRUST  COMPANIES,  SAVINGS  BANKS  AND  SAVINGS  ASSOCIATIONS, INCLUDING
   17  SAVINGS AND LOAN ASSOCIATIONS, BUILDING AND LOAN  ASSOCIATIONS,  INVEST-
   18  MENT  COMPANIES  AND  OTHER  PERSONS CARRYING ON A BANKING BUSINESS, ALL
   19  ADMINISTRATORS, GUARDIANS, EXECUTORS, TRUSTEES  AND  OTHER  FIDUCIARIES,
   20  AND ALL OTHER PERSONS WHATSOEVER WHO ARE NOW OR MAY HEREAFTER BE AUTHOR-
   21  IZED  TO INVEST IN BONDS OR IN OTHER OBLIGATIONS OF THE STATE, MAY PROP-
   22  ERLY AND LEGALLY INVEST FUNDS, INCLUDING CAPITAL, IN  THEIR  CONTROL  OR
   23  BELONGING  TO  THEM. THE BONDS ARE ALSO HEREBY MADE SECURITIES WHICH MAY
   24  BE DEPOSITED WITH AND MAY BE RECEIVED BY ALL PUBLIC OFFICERS AND  BODIES
   25  OF  THE  STATE AND ALL MUNICIPALITIES, POLITICAL SUBDIVISIONS AND PUBLIC
   26  CORPORATIONS FOR ANY PURPOSE FOR WHICH THE DEPOSIT  OF  BONDS  OR  OTHER
   27  OBLIGATIONS OF THE STATE IS NOW OR MAY HEREAFTER BE AUTHORIZED.
   28    12.  (A) AN ACTION AGAINST THE AUTHORITY FOR DEATH, PERSONAL INJURY OR
   29  PROPERTY DAMAGE OR FOUNDED ON TORT SHALL NOT BE COMMENCED MORE THAN  ONE
   30  YEAR  AND  NINETY  DAYS  AFTER  THE  CAUSE  OF ACTION THEREOF SHALL HAVE
   31  ACCRUED NOR UNLESS A NOTICE OF CLAIM SHALL HAVE BEEN SERVED ON A  MEMBER
   32  OF  THE  AUTHORITY  OR  OFFICER  OR  EMPLOYEE  THEREOF DESIGNATED BY THE
   33  AUTHORITY FOR SUCH PURPOSE, WITHIN THE TIME LIMITED BY, AND  IN  COMPLI-
   34  ANCE  WITH  THE REQUIREMENTS OF SECTION FIFTY-E OF THE GENERAL MUNICIPAL
   35  LAW.
   36    (B) THE VENUE OF EVERY ACTION,  SUIT  OR  SPECIAL  PROCEEDING  BROUGHT
   37  AGAINST  THE  AUTHORITY OR CONCERNING THE VALIDITY OF THIS SECTION SHALL
   38  BE LAID IN THE COUNTY OF ALBANY.
   39    (C) THE BONDS, AND ANY OBLIGATION OF THE AUTHORITY UNDER ANY ANCILLARY
   40  BOND FACILITY, MAY CONTAIN A RECITAL THAT THEY ARE ISSUED  OR  EXECUTED,
   41  RESPECTIVELY,  PURSUANT  TO THIS SECTION, WHICH RECITAL SHALL BE CONCLU-
   42  SIVE EVIDENCE OF THE VALIDITY OF THE  BONDS  AND  ANY  SUCH  OBLIGATION,
   43  RESPECTIVELY,  AND  THE  REGULARITY  OF THE PROCEEDINGS OF THE AUTHORITY
   44  RELATING THERETO.
   45    13. ANY ACTION OR PROCEEDING TO WHICH THE AUTHORITY OR THE  PEOPLE  OF
   46  THE STATE MAY BE PARTIES, IN WHICH ANY QUESTION ARISES AS TO THE VALIDI-
   47  TY  OF  THIS  SECTION, SHALL BE PREFERRED OVER ALL OTHER CIVIL CAUSES OF
   48  ACTION OR CASES, EXCEPT ELECTION CAUSES  OF  ACTION  OR  CASES,  IN  ALL
   49  COURTS  OF  THE STATE AND SHALL BE HEARD AND DETERMINED IN PREFERENCE TO
   50  ALL OTHER CIVIL BUSINESS PENDING THEREIN, EXCEPT ELECTION CAUSES,  IRRE-
   51  SPECTIVE  OF  POSITION  ON  THE CALENDAR.   THE SAME PREFERENCE SHALL BE
   52  GRANTED UPON APPLICATION OF THE AUTHORITY OR ITS COUNSEL IN  ANY  ACTION
   53  OR  PROCEEDING  QUESTIONING  THE  VALIDITY  OF THIS SECTION IN WHICH THE
   54  AUTHORITY MAY BE ALLOWED TO INTERVENE.
       S. 2605--A                         138                        A. 3005--A
    1    14. NOTWITHSTANDING ANY LAW TO THE CONTRARY, NO FUNDS OF THE  SELF-IN-
    2  SURER OFFSET FUND MAY BE USED FOR ANY PURPOSE OTHER THAN THOSE SET FORTH
    3  IN THIS SECTION AND SECTION FIFTY-A OF THE WORKERS' COMPENSATION LAW.
    4    S  36.  Subdivision  1  of  section  17  of the public officers law is
    5  amended by adding a new paragraph (x) to read as follows:
    6    (X) FOR THE PURPOSES  OF  THIS  SECTION,  THE  TERM  "EMPLOYEE"  SHALL
    7  INCLUDE  THE MEMBERS OF THE  BOARD, OFFICERS AND EMPLOYEES OF THE DORMI-
    8  TORY AUTHORITY FOR PURPOSES OF SECTION SIXTEEN HUNDRED EIGHTY-Q  OF  THE
    9  PUBLIC AUTHORITIES LAW.
   10    S  37.  This act shall take effect immediately, provided, however that
   11  section ten of this act shall take effect on the ninetieth day after  it
   12  shall  have  become  a  law, and section fourteen of this act shall take
   13  effect on the thirtieth day after it shall have become a law.
   14                                   PART P
   15    Section 1. Subdivision 6 of section 163 of the state finance  law,  as
   16  amended  by  chapter  173  of  the  laws  of 2010, is amended to read as
   17  follows:
   18    6. Discretionary buying thresholds. Pursuant to guidelines established
   19  by the state procurement council: the commissioner may purchase services
   20  and commodities in an amount not exceeding eighty-five thousand  dollars
   21  without  a  formal  competitive  process;  state  agencies  may purchase
   22  services and commodities in  an  amount  not  exceeding  fifty  thousand
   23  dollars  without  a  formal  competitive process; and state agencies may
   24  purchase commodities or services from small business concerns  or  those
   25  certified pursuant to article fifteen-A of the executive law, or commod-
   26  ities  or technology that are recycled or remanufactured, OR COMMODITIES
   27  THAT ARE FOOD GROWN, PRODUCED OR HARVESTED IN NEW  YORK  STATE  OR  FOOD
   28  MANUFACTURED OR PROCESSED INTO FOOD PRODUCTS IN FACILITIES LOCATED WITH-
   29  IN  NEW  YORK  STATE  in  an  amount  not exceeding two hundred thousand
   30  dollars without a formal competitive process.
   31    S 2. This act shall take effect immediately; provided,  however,  that
   32  the  amendments  to section 163 of the state finance law made by section
   33  one of this act shall not affect the repeal of such section and shall be
   34  deemed repealed therewith.
   35                                   PART Q
   36    Section 1. Subdivisions 1, 2, 3 and 6 of section 29-h of the executive
   37  law, as added by section 10-a of part B of chapter 56  of  the  laws  of
   38  2010, paragraph c of subdivision 2 as amended by section 8 and paragraph
   39  a  of  subdivision  6 as amended by section 9 of part G of chapter 55 of
   40  the laws of 2012, are amended to read as follows:
   41    1. Creation. There is hereby created the intrastate mutual aid program
   42  to complement existing mutual aid agreements in the event of a  disaster
   43  that  results in a formal declaration of an emergency by a participating
   44  local government. All local  governments  within  the  state,  excepting
   45  those  which  affirmatively choose not to participate in accordance with
   46  subdivision four of this section, are deemed to be participants  in  the
   47  program;  PROVIDED, HOWEVER, WITH RESPECT TO SCHOOL DISTRICTS AND BOARDS
   48  OF COOPERATIVE EDUCATIONAL SERVICES, SUCH PARTICIPATION SHALL BE LIMITED
   49  TO THE SHARING OF FACILITIES MANAGEMENT AND ADMINISTRATIVE PERSONNEL AND
   50  EQUIPMENT.
   51    2. Definitions. As used in this section,  the  following  terms  shall
   52  have the following meanings:
       S. 2605--A                         139                        A. 3005--A
    1    a.  "Employee"  means  any  person  holding  a  position  by election,
    2  appointment, or employment by a local government;
    3    b.  "Local  government"  means  any  county, city, town [or], village,
    4  SCHOOL DISTRICT OR BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES  of  the
    5  state;
    6    c.  "Local  emergency  management director" means the local government
    7  official responsible for emergency preparedness, response and recovery;
    8    d. "Requesting local government" means the local government that  asks
    9  another  local government for assistance during a declared emergency, or
   10  for the purposes of conducting training, or undertaking a drill or exer-
   11  cise;
   12    e. "Assisting local government" means one or  more  local  governments
   13  that  provide  assistance  pursuant  to  a request for assistance from a
   14  requesting local government during a  declared  emergency,  or  for  the
   15  purposes  of  conducting  training,  or undertaking a drill or exercise;
   16  [and]
   17    f. "Disaster" shall have the same meaning as in section twenty of this
   18  article;
   19    G. "SCHOOL DISTRICT" SHALL HAVE THE SAME MEANING AS IN  TITLE  TWO  OF
   20  THE  EDUCATION LAW, INCLUDING ANY PUBLIC SCHOOL DISTRICT AND ANY SPECIAL
   21  ACT SCHOOL DISTRICT AS DEFINED IN  SECTION  FOUR  THOUSAND  ONE  OF  THE
   22  EDUCATION LAW; AND
   23    H.  "BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES" SHALL HAVE THE SAME
   24  MEANING AS IN SECTION NINETEEN HUNDRED FIFTY OF THE EDUCATION LAW.
   25    3. Intrastate mutual  aid  program  committee  established;  meetings;
   26  powers  and  duties.  a.  There  is  hereby  created within the disaster
   27  preparedness commission an intrastate mutual aid program committee,  for
   28  purposes of this section to be referred to as the committee, which shall
   29  be  chaired by the commissioner of the division of homeland security and
   30  emergency services, and shall include the state fire administrator,  the
   31  commissioner  of  health,  THE COMMISSIONER OF EDUCATION and the commis-
   32  sioner of agriculture and markets, provided that each such official  may
   33  appoint  a  designee  to serve in his or her place on the committee. The
   34  committee shall also include  five  representatives  from  local  public
   35  safety  or  emergency  response  agencies  AND ONE REPRESENTATIVE FROM A
   36  SCHOOL DISTRICT OR  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES.  SUCH
   37  REPRESENTATIVES,  who shall serve a maximum two-year term, [to be] SHALL
   38  BE appointed by the commissioner of the division  of  homeland  security
   39  and emergency services, with regard to a balance of geographic represen-
   40  tation and discipline expertise.
   41    b.  The committee, on the call of the chairperson, shall meet at least
   42  twice each year and at such other times as may be necessary. The  agenda
   43  and meeting place of all regular meetings shall be made available to the
   44  public  in  advance of such meetings and all such meetings shall be open
   45  to the public.
   46    c. The committee shall have the following powers and responsibilities:
   47    (1) to promulgate rules and regulations, acting through  the  division
   48  of homeland security and emergency services, to implement the intrastate
   49  mutual aid program as described in this section;
   50    (2) to develop policies, procedures and guidelines associated with the
   51  program,  including  a  process for the reimbursement of assisting local
   52  governments by requesting local governments;
   53    (3) to evaluate the use of the intrastate mutual aid program;
   54    (4) to examine issues facing participating local governments regarding
   55  the implementation of the intrastate mutual aid program; and
       S. 2605--A                         140                        A. 3005--A
    1    (5)  to  prepare  reports  to  the  disaster  preparedness  commission
    2  discussing  the  effectiveness  of  mutual  aid  in the state and making
    3  recommendations for improving the efficacy of the system,  if  appropri-
    4  ate.
    5    6.  Requesting  assistance under the intrastate mutual aid program. a.
    6  [A] SUBJECT TO THE RESTRICTIONS ON SCHOOL DISTRICTS AND BOARDS OF  COOP-
    7  ERATIVE  EDUCATIONAL  SERVICES  SET  FORTH  IN  SUBDIVISION  ONE OF THIS
    8  SECTION, A participating local  government  may  request  assistance  of
    9  other   participating   local  governments  in  preventing,  mitigating,
   10  responding to and recovering from disasters that result in  locally-dec-
   11  lared emergencies, or for the purpose of conducting multi-jurisdictional
   12  or  regional  training, drills or exercises. Requests for assistance may
   13  be made verbally or in writing; verbal requests shall be memorialized in
   14  writing as  soon  thereafter  as  is  practicable.  Notwithstanding  the
   15  provisions  of  section twenty-five of this article, the local emergency
   16  management director shall have  the  authority  to  request  and  accept
   17  assistance  and  deploy  the  local resources of his or her jurisdiction
   18  under the intrastate mutual aid program.
   19    b. Once an emergency is declared at the county level, all requests and
   20  offers for assistance, to the extent practical, shall  be  made  through
   21  the  county  emergency  management office, or in the case of the city of
   22  New York, through the city emergency management office. All requests for
   23  assistance should include:
   24    (1) a description of the disaster;
   25    (2) a description of the assistance needed;
   26    (3) a description of the mission for which assistance is requested;
   27    (4) an estimate of the length of time the assistance will be needed;
   28    (5) the specific place and time for staging of the  assistance  and  a
   29  point of contact at that location; and
   30    (6)  any other information that will enable an assisting local govern-
   31  ment to respond appropriately to the request.
   32    c. Assisting local governments shall submit to  the  requesting  local
   33  government an inventory of the resources being deployed.
   34    d. The written request for assistance and all inventories of resources
   35  being  deployed  shall be submitted to the division of homeland security
   36  and emergency services within three calendar days of the request for  or
   37  deployment of such resources.
   38    S 2. This act shall take effect immediately.
   39                                   PART R
   40    Section  1. Section 73 of the public officers law is amended by adding
   41  a new subdivision 8-c to read as follows:
   42    8-C. NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPHS (I) AND  (II)  OF
   43  PARAGRAPH (A) OF SUBDIVISION EIGHT OF THIS SECTION, A FORMER STATE OFFI-
   44  CER  OR EMPLOYEE WHO, PRIOR TO HIS OR HER SEPARATION FROM STATE SERVICE,
   45  WAS EMPLOYED PERFORMING DIRECT CARE,  CLINICAL  CARE,  CASE  MANAGEMENT,
   46  SERVICE  COORDINATION OR OTHER RELATED SUPPORT DUTIES TO INDIVIDUALS, IS
   47  NOT BARRED FROM RENDERING SUCH SERVICES IN THE FUTURE TO INDIVIDUALS WHO
   48  WERE RECEIVING THOSE SERVICES FROM SUCH EMPLOYEE PRIOR TO LEAVING  STATE
   49  SERVICE.
   50    S 2. This act shall take effect immediately.
   51                                   PART S
       S. 2605--A                         141                        A. 3005--A
    1    Section 1. Subdivision (a) of section 3 of part F of chapter 56 of the
    2  laws  of  2011,  relating  to  permitting  authorized  state entities to
    3  utilize the design-build method for infrastructure projects, is  amended
    4  to read as follows:
    5    (a)  "authorized  state entity" shall mean [the New York state thruway
    6  authority, the department of transportation, the office of parks, recre-
    7  ation and historic preservation, the department of environmental conser-
    8  vation and the New York state bridge authority] ANY STATE DEPARTMENT  OR
    9  DIVISION, BOARD, COMMISSION, BUREAU, OFFICE, COMMITTEE OR COUNCIL OF ANY
   10  STATE  DEPARTMENT,  ANY  PUBLIC BENEFIT CORPORATION, PUBLIC AUTHORITY OR
   11  COMMISSION, AT LEAST ONE OF WHOSE MEMBERS IS APPOINTED BY THE  GOVERNOR,
   12  BUT  SHALL  NOT  INCLUDE  THE  STATE  UNIVERSITY OF NEW YORK OR THE CITY
   13  UNIVERSITY OF NEW YORK.
   14    S 2. Section 3 of part F of chapter 56 of the laws of  2011,  relating
   15  to  permitting  authorized  state  entities  to utilize the design-build
   16  method for infrastructure projects, is amended by adding a new  subdivi-
   17  sion (e-1) to read as follows:
   18    (E-1)  "DESIGN-BUILD-FINANCE  CONTRACT"  SHALL MEAN A CONTRACT FOR THE
   19  DESIGN, CONSTRUCTION AND FINANCING, WHICH MAY INCLUDE  PRIVATE  CAPITAL,
   20  OF A CAPITAL PROJECT WITH A SINGLE ENTITY, WHICH MAY BE A TEAM COMPRISED
   21  OF SEPARATE ENTITIES.
   22    S  3.  Section 4 of part F of chapter 56 of the laws of 2011, relating
   23  to permitting authorized state  entities  to  utilize  the  design-build
   24  method for infrastructure projects, is amended to read as follows:
   25    S  4. Notwithstanding the provisions of section 38 of the highway law,
   26  section 136-a of the state  finance  law,  section  359  of  the  public
   27  authorities  law,  section  7210  of the education law, SECTION 8 OF THE
   28  PUBLIC BUILDINGS LAW and the provisions of any other law to the  contra-
   29  ry,  and  in conformity with the requirements of this act, an authorized
   30  state entity may  utilize  the  alternative  delivery  [method]  METHODS
   31  referred to as design-build contracts AND DESIGN-BUILD-FINANCE CONTRACTS
   32  for  capital  projects  related  to the state's physical infrastructure,
   33  including, but not limited to, the state's highways, bridges, BUILDINGS,
   34  dams, flood control projects, canals,  and  parks,  including,  but  not
   35  limited  to,  to  repair  damage  caused by natural disaster, to correct
   36  health and safety defects, to comply with federal and state laws, stand-
   37  ards, and regulations, to extend the  useful  life  of  or  replace  the
   38  state's  highways,  bridges,  BUILDINGS,  dams,  flood control projects,
   39  canals, and parks or to improve or add to the state's highways, bridges,
   40  BUILDINGS, dams, flood control projects,  canals,  and  parks;  provided
   41  that for the contracts executed by the department of transportation, the
   42  office of parks, recreation and historic preservation, or the department
   43  of environmental conservation, the total cost of each such project shall
   44  not be less than one million two hundred thousand dollars ($1,200,000).
   45    S  4.  Section 5 of part F of chapter 56 of the laws of 2011, relating
   46  to permitting authorized state  entities  to  utilize  the  design-build
   47  method for infrastructure projects, is amended to read as follows:
   48    S  5. An entity selected by an authorized state entity to enter into a
   49  design-build  contract  OR  A  DESIGN-BUILD-FINANCE  CONTRACT  shall  be
   50  selected through a two-step method, as follows:
   51    (a)  Step one. Generation of a list of entities that have demonstrated
   52  the  general  capability  to  perform  the  design-build   contract   OR
   53  DESIGN-BUILD-FINANCE  CONTRACT.   Such list shall consist of a specified
   54  number of entities, as determined by an  authorized  state  entity,  and
   55  shall  be  generated  based upon the authorized state entity's review of
   56  responses to a  publicly  advertised  request  for  qualifications.  The
       S. 2605--A                         142                        A. 3005--A
    1  authorized  state  entity's  request  for qualifications shall include a
    2  general description of the project, the maximum number of entities to be
    3  included on the list, and the selection criteria to be used in  generat-
    4  ing  the  list. Such selection criteria shall include the qualifications
    5  and experience of the design and construction team, organization, demon-
    6  strated responsibility, ability of the team or of a member or members of
    7  the  team  to  comply  with  applicable  requirements,   including   the
    8  provisions  of  articles  145,  147  and  148 of the education law, past
    9  record of compliance with the labor law, and such  other  qualifications
   10  the  authorized state entity deems appropriate which may include but are
   11  not limited to project understanding, financial capability and record of
   12  past performance. The authorized state entity shall  evaluate  and  rate
   13  all  entities  responding to the request for qualifications.  Based upon
   14  such ratings, the authorized state entity shall list the  entities  that
   15  shall receive a request for proposals in accordance with subdivision (b)
   16  of  this section.  To the extent consistent with applicable federal law,
   17  the authorized state entity shall consider, when awarding  any  contract
   18  pursuant  to  this  section,  the  participation of: (i) firms certified
   19  pursuant to article 15-A of the executive law as minority or women-owned
   20  businesses and the ability of other businesses  under  consideration  to
   21  work  with  minority  and  women-owned  businesses  so as to promote and
   22  assist  participation  by  such  businesses;  and  (ii)  small  business
   23  concerns  identified pursuant to subdivision (b) of section 139-g of the
   24  state finance law.
   25    (b) Step two. Selection of the proposal which is the best value to the
   26  state. The authorized state entity shall issue a request  for  proposals
   27  to  the entities listed pursuant to subdivision (a) of this section.  If
   28  such an entity consists of a team of  separate  entities,  the  entities
   29  that comprise such a team must remain unchanged from the entity as list-
   30  ed pursuant to subdivision (a) of this section unless otherwise approved
   31  by  the  authorized  state  entity.  The request for proposals shall set
   32  forth the project's scope of work, and other requirements, as determined
   33  by the authorized state entity.  The request for proposals shall specify
   34  the criteria to be used to  evaluate  the  responses  and  the  relative
   35  weight  of  each  such  criteria.    Such  criteria  shall  include  the
   36  proposal's cost, the quality of the proposal's solution, the  qualifica-
   37  tions and experience of the design-build OR DESIGN-BUILD-FINANCE entity,
   38  and other factors deemed pertinent by the authorized state entity, which
   39  may  include, but shall not be limited to, the proposal's project imple-
   40  mentation, ability to complete the work in  a  timely  and  satisfactory
   41  manner, maintenance costs of the completed project, maintenance of traf-
   42  fic  approach,  and  community  impact. Any contract awarded pursuant to
   43  this act shall be awarded to a responsive and  responsible  entity  that
   44  submits  the proposal, which, in consideration of these and other speci-
   45  fied criteria deemed pertinent to the project, offers the best value  to
   46  the  state, as determined by the authorized state entity. Nothing herein
   47  shall be construed to prohibit the authorized  entity  from  negotiating
   48  final contract terms and conditions including cost.
   49    S  5. Section 12 of part F of chapter 56 of the laws of 2011, relating
   50  to permitting authorized state  entities  to  utilize  the  design-build
   51  method for infrastructure projects, is amended to read as follows:
   52    S  12. The submission of a proposal or responses or the execution of a
   53  design-build contract OR DESIGN-BUILD-FINANCE CONTRACT pursuant to  this
   54  act  shall  not  be  construed  to be a violation of section 6512 of the
   55  education law.
       S. 2605--A                         143                        A. 3005--A
    1    S 6. This act shall take effect immediately; provided,  however,  that
    2  the amendments to sections 3, 4, 5 and 12 of part F of chapter 56 of the
    3  laws  of  2011  made  by sections one through five of this act shall not
    4  affect the repeal of such part and shall be deemed to be repealed there-
    5  with.
    6    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    7  sion,  section  or  part  of  this act shall be adjudged by any court of
    8  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    9  impair,  or  invalidate  the remainder thereof, but shall be confined in
   10  its operation to the clause, sentence, paragraph,  subdivision,  section
   11  or part thereof directly involved in the controversy in which such judg-
   12  ment shall have been rendered. It is hereby declared to be the intent of
   13  the  legislature  that  this  act  would  have been enacted even if such
   14  invalid provisions had not been included herein.
   15    S 3. This act shall take effect immediately  provided,  however,  that
   16  the  applicable effective date of Parts A through S of this act shall be
   17  as specifically set forth in the last section of such Parts.