S07505 Summary:

BILL NOS07505B
 
SAME ASSAME AS UNI. A09505-B
 
SPONSORBUDGET
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2020-2021 state fiscal year; relates to extending the effectiveness of certain provisions of law relating to various criminal justice and public safety programs (Part A); establishes the criminal justice discovery compensation fund (Part E); relates to the closure of correctional facilities (Part F); relates to moving adolescent offenders to the office of children and family services (Part G); relates to suspending the transfer of monies into the emergency services revolving loan fund from the public safety communications account (Part I); establishesg the safe homes and families act (Part M); relates to firearm licenses, requires a list of offenses in states and territories of the United States other than New York that include all of the essential elements of a serious offense be maintained and updated annually (Part N); relates to determining whether certain misdemeanor crimes are serious offenses under the penal law (Part Q); enacts the "Josef Neumann Hate Crimes Domestic Terrorism Act" which makes it a crime for a person to commit a domestic act of terrorism motivated by hate (Part R); relates to continuing to protect and strengthen unions (Part W); relates to defining the term technology for purposes of state purchasing requirements (Part Y); relates to statewide financial system procurements for joint appointing authority for the state financial system project (Part Z); relates to leases of premises in the county of Albany, and elsewhere as required, for providing space for departments, commissions, boards and officers of the state government (Part AA); relates to the sale of alcoholic beverages in certain international airports (Part FF); relates to conducting full manual recounts on ballots (Part JJ); relates to AIM-related sales tax payments in the counties of Nassau and Erie (Part NN); includes acts of domestic violence in the criteria the court shall consider in determining the equitable disposition of property during divorce proceedings (Part PP); relates to ensuring pay equity at state and local public authorities (Part QQ); relates to disclosure requirements for certain nonprofits (Part UU); relates to the powers of the members of the commission on legislative, judicial and executive compensation (Part WW); relates to rights of sexual offense victims; provides that sexual offense victims shall be informed that a rape crisis or victim assistance organization is available to provide victims with transportation from a medical facility (Subpart A); provides guidelines to determine regulatory fines for small businesses and amends the effective date for S. 5815-C and A. 7540-B to be repealed two years after the effective date (Subpart B); relates to specifying the use for which certain state lands are to be transferred to the city of New Rochelle (Subpart C); relates to exempting income earned by persons under the age of 24 from certain workforce development programs from the determination of need for public assistance programs (Subpart D); permits special districts to adopt local laws providing for an exemption for improvements to residential real proeprty for the purpose of facilitating accessibility of such property to a physcially disabed owner (Subpart E); relates to adding components sold with instructions to combine such components to create combustion or detonation to the definition of "explosives" (Subpart F); qualifies the amount of rental surcharge persons or families shall pay in company projects (Subpart G); relates to renaming certain subway stations (Subpart H); provides for the continuity of the Roosevelt Island operating corporation (Subpart I); establishes a sexual discrimination training program within the state office for the aging (Subpart J); details policies or contracts which are not included in the definition of student accident and health insurance (Subpart K); relates to notice of indicated reports of child maltreatment and changes of placement in child protective and voluntary foster care placement and review proceedings (Subpart L); provides access to students on information pertaining to voter education (Subpart M); relates to canvass of ballots cast by certain voters (Subpart N); relates to the licensing of persons engaged in the design, construction, inspection, maintenance, alteration, and repair of elevators and other automated people moving devices; qualifies fund availability from the elevator and related conveyances safety program account; specifies what is not included in the definition of elevator work; sets forth qualifications and exemptions for licensing as an elevator agency technician; repeals certain sections of the labor law and the administrative code of the city of New York and changes the effective date for the licensing requirements of persons engaged in design, construction, inspection, maintenance, alteration and repair of elevators to two years after the act takes effect (Subpart O); relates to proof of eligibility for volunteer firefighter enhanced cancer disability benefits (Subpart P); relates to "lease-end" charges (Subpart Q); enacts the New York call center jobs act (Subpart R); provides for payment assistance and other information for HIV post-exposure prophylaxis and other health care services for sexual assault victims (Subpart S); relates to authorizing retail licenses to purchase beer with a business payment card (Subpart T); relates to the senior wellness in nutrition fund (Subpart U); relates to the definition of a research tobacco product (Subpart V); authorizes retail licensees to purchase beer with a business payment card (Subpart W); relates to a television writers' and directors' fees and salaries credit (Subpart X); relates to the payment of wages to workers (Subpart Y); relates to reverse mortgage loans (Subpart Z); relates to the regulation of toxic chemicals in children's products (Subpart AA); relates to the electronic open auction public bond sale pilot program (Subpart BB); relates to allowing the commissioner of transportation to impound or immobilize stretch limousines in certain situations (Subpart CC)(Part XX); relates to the Nassau county interim finance authority (Part YY); relates to repealing certain provisions requiring voter approval for the issuance of bonds or bonds and capital notes in an amount in excess of ten million dollars to finance any capital improvement in Westchester county (Part ZZ); relates to permitting employees at least two hours paid time off for voting (Part AAA).
Go to top    

S07505 Actions:

BILL NOS07505B
 
01/22/2020REFERRED TO FINANCE
02/22/2020AMEND (T) AND RECOMMIT TO FINANCE
02/22/2020PRINT NUMBER 7505A
03/31/2020AMEND (T) AND RECOMMIT TO FINANCE
03/31/2020PRINT NUMBER 7505B
03/31/2020ORDERED TO THIRD READING CAL.620
03/31/2020MESSAGE OF NECESSITY - 3 DAY MESSAGE
03/31/2020PASSED SENATE
03/31/2020DELIVERED TO ASSEMBLY
03/31/2020referred to ways and means
04/01/2020substituted for a9505b
04/01/2020ordered to third reading rules cal.19
04/01/2020message of necessity - 3 day message
04/01/2020passed assembly
04/01/2020returned to senate
04/03/2020DELIVERED TO GOVERNOR
04/03/2020SIGNED CHAP.55
Go to top

S07505 Committee Votes:

Go to top

S07505 Floor Votes:

DATE:04/02/2020Assembly Vote  YEA/NAY: 96/45
Yes
Abbate
Yes
Crespo
Yes
Galef
Yes
Lifton
Yes
Peoples-Stokes
No
Smith
Yes
Abinanti
No
Crouch
ER
Gantt
No
LiPetri
Yes
Perry
No
Smullen
Yes
Arroyo
Yes
Cruz
No
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Solages
No
Ashby
Yes
Cusick
No
Giglio
Yes
Magnarelli
Yes
Pichardo
No
Stec
Yes
Aubry
Yes
Cymbrowitz
Yes
Glick
No
Malliotakis
Yes
Pretlow
Yes
Steck
No
Barclay
Yes
Darling
No
Goodell
No
Manktelow
Yes
Quart
Yes
Stern
Yes
Barnwell
Yes
Davila
Yes
Gottfried
Yes
McDonald
No
Ra
Yes
Stirpe
Yes
Barrett
Yes
De La Rosa
Yes
Griffin
No
McDonough
Yes
Ramos
No
Tague
No
Barron
Yes
DenDekker
No
Gunther
Yes
McMahon
No
Reilly
Yes
Taylor
Yes
Benedetto
No
DeStefano
No
Hawley
No
Mikulin
Yes
Reyes
Yes
Thiele
Yes
Bichotte
Yes
Dickens
Yes
Hevesi
ER
Miller B
ER
Richardson
Yes
Vanel
Yes
Blake
Yes
Dilan
Yes
Hunter
Yes
Miller MG
ER
Rivera
No
Walczyk
No
Blankenbush
Yes
Dinowitz
Yes
Hyndman
No
Miller ML
Yes
Rodriguez
Yes
Walker
No
Brabenec
No
DiPietro
Yes
Jacobson
No
Montesano
Yes
Rosenthal D
Yes
Wallace
Yes
Braunstein
Yes
D'Urso
Yes
Jaffee
No
Morinello
Yes
Rosenthal L
No
Walsh
Yes
Bronson
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Rozic
Yes
Weinstein
Yes
Buchwald
Yes
Englebright
No
Johns
Yes
Niou
Yes
Ryan
Yes
Weprin
Yes
Burke
Yes
Epstein
No
Jones
Yes
Nolan
No
Salka
Yes
Williams
No
Buttenschon
Yes
Fahy
Yes
Joyner
No
Norris
No
Santabarbara
Yes
Woerner
No
Byrne
Yes
Fall
Yes
Kim
Yes
O'Donnell
Yes
Sayegh
Yes
Wright
No
Byrnes
Yes
Fernandez
No
Kolb
Yes
Ortiz
ER
Schimminger
Yes
Zebrowski
Yes
Cahill
ER
Finch
No
Lalor
Yes
Otis
No
Schmitt
Yes
Mr. Speaker
Yes
Carroll
No
Fitzpatrick
Yes
Lavine
No
Palmesano
Yes
Seawright
Yes
Colton
No
Friend
No
Lawrence
No
Palumbo
Yes
Simon
Yes
Cook
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Simotas

‡ Indicates voting via videoconference
Go to top

S07505 Memo:

Memo not available
Go to top

S07505 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 7505--B                                            A. 9505--B
 
                SENATE - ASSEMBLY
 
                                    January 22, 2020
                                       ___________
 
        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  --  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  --
          again  reported from said committee with amendments, ordered reprinted
          as amended and recommitted to said committee
 
        AN ACT to amend chapter 887 of the laws of 1983, amending the correction
          law relating to the psychological testing of candidates,  in  relation
          to  the  effectiveness  thereof;  to  amend chapter 428 of the laws of
          1999, amending the executive law and the criminal procedure law relat-
          ing to expanding the geographic area of employment of  certain  police
          officers,  in relation to extending the expiration of such chapter; to
          amend chapter 886 of the laws of 1972, amending the correction law and
          the penal law relating to prisoner furloughs in certain cases and  the
          crime of absconding therefrom, in relation to the effectiveness there-
          of; to amend chapter 261 of the laws of 1987, amending chapters 50, 53
          and  54  of  the  laws  of 1987, the correction law, the penal law and
          other chapters  and  laws  relating  to  correctional  facilities,  in
          relation to the effectiveness thereof; to amend chapter 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 339 of the
          laws of 1972, amending the correction law and the penal  law  relating
          to  inmate work release, furlough and leave, in relation to the effec-
          tiveness thereof; to amend chapter 60 of the laws of 1994 relating  to
          certain  provisions which impact upon expenditure of certain appropri-
          ations made by chapter 50 of the laws of 1994 enacting the state oper-
          ations budget, in relation to  the  effectiveness  thereof;  to  amend
          chapter  3  of the laws of 1995, amending the correction law and other
          laws relating to the incarceration fee, in relation to  extending  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12670-03-0

        S. 7505--B                          2                         A. 9505--B

          expiration  of certain provisions of such chapter; to amend chapter 62
          of the laws of 2011, amending the correction law and the executive law
          relating to merging the department of correctional services and  divi-
          sion of parole into the department of corrections and community super-
          vision, in relation to the effectiveness thereof; 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 expiration thereof; to amend chapter 688 of the laws  of
          2003,  amending  the executive law relating to enacting the interstate
          compact for adult offender supervision, in relation to the  effective-
          ness  thereof;  to  amend chapter 56 of the laws of 2009, amending the
          correction law relating to limiting the closing of certain correction-
          al facilities, providing for the custody by the department of  correc-
          tional  services  of inmates serving definite sentences, providing for
          custody of federal prisoners and  requiring  the  closing  of  certain
          correctional  facilities,  in  relation  to  the effectiveness of such
          chapter; to amend chapter 152 of the laws of 2001, amending the  mili-
          tary  law  relating  to  military  funds  of the organized militia, in
          relation to the effectiveness thereof; to amend  chapter  554  of  the
          laws  of  1986, amending the correction law and the penal law relating
          to providing for community treatment facilities and  establishing  the
          crime of absconding from the community treatment facility, in relation
          to  the  effectiveness thereof; and to amend chapter 55 of the laws of
          2018 amending the criminal  procedure  law  relating  to  pre-criminal
          proceeding  settlements  in  the  city of New York, in relation to the

        S. 7505--B                          3                         A. 9505--B
 
          effectiveness thereof (Part A); intentionally omitted (Part B); inten-
          tionally omitted (Part C); intentionally omitted (Part  D);  to  amend
          the  state  finance  law,  in  relation  to  establishing the criminal
          justice  discovery  compensation fund; to amend the criminal procedure
          law, in relation to monies  recovered  by  county  district  attorneys
          before  the  filing of an accusatory instrument; and providing for the
          repeal of certain provisions upon  expiration  thereof  (Part  E);  in
          relation  to the closure of correctional facilities; and providing for
          the repeal of such provisions upon expiration  thereof  (Part  F);  to
          amend  the correction law and the executive law, in relation to moving
          adolescent offenders to the office of children and family services; to
          repeal paragraph (a-1) of subdivision 4 of section 70.20 of the  penal
          law  and  section 77 of the correction law relating thereto; to repeal
          paragraphs (a) through (e) of section 508 of the executive law  relat-
          ing to a technical correction; and providing for the repeal of certain
          provisions  upon  expiration  thereof  (Part G); intentionally omitted
          (Part H); to amend the tax law, in relation to suspending the transfer
          of monies into the emergency services revolving  loan  fund  from  the
          public  safety  communications account (Part I); intentionally omitted
          (Part J); intentionally omitted (Part K); intentionally omitted  (Part
          L);  to  amend the criminal procedure law and the family court act, in
          relation to establishing the safe homes and families act (Part M);  to
          amend  the  penal  law  and  the executive law, in relation to firearm
          licenses (Part N); intentionally omitted (Part O); intentionally omit-
          ted (Part P); to amend the criminal  procedure  law,  in  relation  to
          determining  whether  certain  misdemeanor crimes are serious offenses
          under the penal law (Part Q); to amend the penal law and the  criminal
          procedure  law, in relation to enacting the "Josef Neumann Hate Crimes
          Domestic Terrorism Act" (Part  R);  intentionally  omitted  (Part  S);
          intentionally omitted (Part T); intentionally omitted (Part U); inten-
          tionally omitted (Part V); to amend the civil service law, in relation
          to continuing to protect and strengthen unions (Part W); intentionally
          omitted  (Part  X); to amend the state finance law and the state tech-
          nology law, in relation to defining the  term  technology  to  include
          computer  information,  electronic information, interconnected systems
          and related material thereto (Part Y); to amend section 1 of part S of
          chapter 56 of the laws of  2010,  relating  to  establishing  a  joint
          appointing  authority  for  the  state  financial  system  project, in
          relation to statewide financial system procurements (Part Z); to amend
          chapter 95 of the laws of 2000 amending the  state  finance  law,  the
          general  municipal law, the public buildings law and other laws relat-
          ing to bonds, notes and revenues, in relation to extending the  effec-
          tiveness  thereof  (Part  AA); intentionally omitted (Part BB); inten-
          tionally  omitted  (Part  CC);  intentionally   omitted   (Part   DD);
          intentionally  omitted  (Part  EE);  to  amend  the alcoholic beverage
          control law, in relation to establishing the hours during which  alco-
          holic  beverages may be sold in certain international airport property
          (Part FF); intentionally  omitted  (Part  GG);  intentionally  omitted
          (Part HH); intentionally omitted (Part II); to amend the election law,
          in  relation  to conducting a full manual recount on all ballots (Part
          JJ); intentionally omitted (Part KK); intentionally omitted (Part LL);
          intentionally omitted (Part MM); to amend the tax law and  the  public
          authorities  law, in relation to AIM-related sales tax payments in the
          counties of Nassau and Erie (Part  NN);  intentionally  omitted  (Part
          OO);  to  amend  the  domestic relations law, in relation to including
          acts of domestic violence in the criteria the court shall consider  in

        S. 7505--B                          4                         A. 9505--B
 
          determining  the  equitable  disposition  of  property  during divorce
          proceedings (Part  PP);  to  amend  the  public  authorities  law,  in
          relation  to ensuring pay equity at state and local public authorities
          (Part  QQ);  intentionally  omitted  (Part  RR); intentionally omitted
          (Part SS); intentionally omitted (Part TT);  to  amend  the  executive
          law,  in  relation  to  disclosure requirements for certain nonprofits
          (Part UU); intentionally omitted (Part VV); to amend part E of chapter
          60 of the laws of 2015,  establishing  a  commission  on  legislative,
          judicial  and executive compensation, and providing for the powers and
          duties of the commission and for the dissolution of the commission, in
          relation to the powers of the members of the commission (Part WW);  to
          amend  the  public health law, in relation to rights of sexual offense
          victims; and to repeal section 631-b of  the  executive  law  relating
          thereto  (Subpart A); to amend the executive law, in relation to regu-
          latory fines for small businesses; and to amend a chapter of the  laws
          of  2019,  amending the executive law relating to regulatory fines for
          small businesses, in relation to the  effectiveness  thereof  (Subpart
          B);  to  amend  a chapter of the laws of 2019, authorizing the commis-
          sioner of general services to transfer and convey certain  state  land
          to  the city of New Rochelle, as proposed in legislative bills numbers
          S.6228-A and A.7846-A, in relation to specifying  the  use  for  which
          certain  state lands are to be transferred to the city of New Rochelle
          (Subpart C); to amend the social services law, in relation to  exempt-
          ing income earned by persons under the age of twenty-four from certain
          workforce  development  programs  from  the  determination of need for
          public assistance programs (Subpart D); to amend the real property tax
          law, in relation to making technical changes to allow  exemption  from
          certain  special  districts  (Subpart  E);  to amend the labor law, in
          relation to adding components sold with instructions to  combine  such
          components  to  create  combustion  or detonation to the definition of
          "explosives"; and to repeal certain provisions of  such  law  relating
          thereto  (Subpart  F);  to  amend  the private housing finance law, in
          relation to persons and families in company projects who are  required
          to  pay a rental surcharge (Subpart G); to amend a chapter of the laws
          of 2019, relating to directing the metropolitan transportation author-
          ity to rename certain subway  stations,  as  proposed  in  legislative
          bills  numbers  S.  3439-A and A. 1512-A, in relation to directing the
          metropolitan transportation authority and the New  York  City  transit
          authority  to  rename  certain  subway  stations (Subpart H); to amend
          chapter 383 of the laws of 2019 amending the  public  authorities  law
          relating to the Roosevelt Island operating corporation, in relation to
          the  continuity of the Roosevelt Island operating corporation (Subpart
          I); to amend the elder law, in relation to the state  office  for  the
          aging  sexual  discrimination  training program; and to repeal certain
          provisions of such law related  thereto  (Subpart  J);  to  amend  the
          insurance  law,  in  relation  to  policies or contracts which are not
          included in the definition of student accident  and  health  insurance
          (Subpart  K);  to  amend  the family court act and the social services
          law, in relation to notice of indicated reports of child  maltreatment
          and changes of placement in child protective and voluntary foster care
          placement  and  review  proceedings (Subpart L); to amend the election
          law, in relation to voter registration form distribution  and  assist-
          ance (Subpart M); to amend the election law, in relation to canvass of
          ballots cast by certain voters (Subpart N); to amend the labor law, in
          relation  to requiring the licensing of persons engaged in the design,
          construction,  inspection,  maintenance,  alteration,  and  repair  of

        S. 7505--B                          5                         A. 9505--B
 
          elevators  and  other  automated  people  moving devices; to amend the
          state finance law, in relation  to  availability  of  funds  from  the
          elevator  and related conveyances safety program account; to amend the
          administrative  code of the city of New York, in relation to the defi-
          nition of elevator work and elevator agency technician license  quali-
          fications  and exemptions; to amend part B of a chapter of the laws of
          2019, amending the administrative code of the city of New York  relat-
          ing  to  the  licensing of approved elevator agency directors, inspec-
          tors, and technicians performing elevator work in the city of New York
          as proposed in legislative bills numbers S. 4080-C and A.  4509-A,  in
          relation to the effectiveness thereof; to amend part A of a chapter of
          the  laws  of  2019,  amending the labor law and the state finance law
          relating to requiring the licensing of persons engaged in the  design,
          construction,  inspection,  maintenance,  alteration,  and  repair  of
          elevators and other automated people moving devices,  as  proposed  in
          legislative  bills numbers S. 4080-C and A. 4509-A, in relation to the
          effectiveness thereof; and repealing certain provisions of  the  labor
          law and the administrative code of the city of New York relating ther-
          eto  (Subpart  O);  to amend the general municipal law, in relation to
          proof of eligibility for volunteer firefighter enhanced  cancer  disa-
          bility  benefits;  and  to  repeal  certain  provisions of the general
          municipal law relating thereto (Subpart P);  to  amend  the  insurance
          law,  in  relation  to  "lease-end"  charges (Subpart Q); to amend the
          labor law, in relation to the New York call center jobs  act  (Subpart
          R);  to amend the public health law and the executive law, in relation
          to HIV post-exposure prophylaxis and other health  care  services  for
          sexual  assault  victims;  and to amend a chapter of the laws of 2019,
          amending the public health law and the executive law relating  to  HIV
          post-exposure  prophylaxis  and  other health care services for sexual
          assault victims, as proposed in legislative bills  numbers  S.  2279-A
          and A. 1204-A in relation to the effectiveness thereof (Subpart S); to
          amend a chapter of the laws of 2019 amending the tax law and the state
          finance  law  relating  to gifts for the support of the New York state
          council on the arts, as proposed in legislative bills numbers S.  3570
          and  A.  7994,  in  relation  to  making technical corrections thereto
          (Subpart T); to amend the tax law, in relation to the senior  wellness
          in nutrition fund (Subpart U); to amend the tax law and administrative
          code  of  the  city  of  New  York, in relation to the definition of a
          research tobacco product (Subpart V); to amend the alcoholic  beverage
          control  law,  in relation to authorizing retail licensees to purchase
          beer with a business payment card; and to repeal certain provisions of
          such law relating thereto (Subpart  W);  to  amend  the  tax  law,  in
          relation  to  a  television  writers' and directors' fees and salaries
          credit; and to amend a chapter of the laws of 2019  amending  the  tax
          law relating to a television writers' and directors' fees and salaries
          credit,  as  proposed  in  legislative  bills numbers S. 5864-A and A.
          6683-B, in relation to a television writers' and directors'  fees  and
          salaries  credit  and  the effectiveness thereof (Subpart X); to amend
          the public service law, in relation to the payment of wages  to  work-
          ers;  and  to repeal a chapter of the laws of 2019, amending the labor
          law relating to ensuring that utility employees receive the prevailing
          wage (Subpart Y); to amend the real property law, in relation to regu-
          lation of reverse mortgage loans issued under the federal home  equity
          conversion  mortgage  for  seniors  program  (Subpart Z); to amend the
          environmental conservation law, in relation  to  regulation  of  toxic
          chemicals  in  children's  products  (Subpart  AA); to amend the local

        S. 7505--B                          6                         A. 9505--B
 
          finance law, in relation to the electronic open  auction  public  bond
          sale pilot program (Subpart BB); and to amend chapter 9 of the laws of
          2020  relating  to  allowing  the  commissioner  of  transportation to
          impound  or  immobilize  stretch  limousines in certain situations, in
          relation to the effectiveness thereof (Subpart CC)(Part XX); to  amend
          the  public  authorities law, in relation to the Nassau county interim
          finance authority (Part YY); to repeal subdivision 1 of paragraph b of
          section 33.10 of the local finance law, relating to  the  issuance  of
          bonds  in  the  county  of  Westchester  (Part  ZZ);  and to amend the
          election law, in relation to time allowed employees to vote (Part AAA)
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act enacts into law major components of legislation
     2  necessary to implement the state public protection and  general  govern-
     3  ment  budget  for  the  2020--2021  state fiscal year. Each component is
     4  wholly contained within a Part identified as Parts A  through  AAA.  The
     5  effective  date for each particular provision contained within such Part
     6  is set forth in the last section of such  Part.  Any  provision  in  any
     7  section  contained  within  a  Part, including the effective date of the
     8  Part, which makes a reference to a section "of this act", when  used  in
     9  connection  with  that particular component, shall be deemed to mean and
    10  refer to the corresponding section of the  Part in which  it  is  found.
    11  Section  three of this act sets forth the general effective date of this
    12  act.
 
    13                                   PART A
 
    14    Section 1. Section 2 of chapter 887 of the laws of 1983, amending  the
    15  correction  law  relating to the psychological testing of candidates, as
    16  amended by section 1 of part O of chapter 55 of the  laws  of  2019,  is
    17  amended to read as follows:
    18    § 2. This act shall take effect on the one hundred eightieth day after
    19  it shall have become a law and shall remain in effect until September 1,
    20  [2020] 2021.
    21    § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
    22  tive  law  and  the  criminal  procedure  law  relating to expanding the
    23  geographic area of employment of certain police officers, as amended  by
    24  section  2  of  part  O of chapter 55 of the laws of 2019, is amended to
    25  read as follows:
    26    § 3. This act shall take effect on the  first  day  of  November  next
    27  succeeding  the  date  on  which  it  shall have become a law, and shall
    28  remain in effect until the first day of September, [2020] 2021, when  it
    29  shall expire and be deemed repealed.
    30    §  3.  Section  3  of  chapter  886  of the laws of 1972, amending the
    31  correction law and the penal  law  relating  to  prisoner  furloughs  in
    32  certain  cases  and  the  crime  of  absconding therefrom, as amended by
    33  section 3 of part O of chapter 55 of the laws of  2019,  is  amended  to
    34  read as follows:
    35    §  3.  This act shall take effect 60 days after it shall have become a
    36  law and shall remain in effect until September 1, [2020] 2021.
    37    § 4. Section 20 of chapter 261 of the laws of 1987, amending  chapters
    38  50, 53 and 54 of the laws of 1987, the correction law, the penal law and
    39  other  chapters and laws relating to correctional facilities, as amended

        S. 7505--B                          7                         A. 9505--B
 
     1  by section 4 of part O of chapter 55 of the laws of 2019, is amended  to
     2  read as follows:
     3    § 20. This act shall take effect immediately except that section thir-
     4  teen  of  this  act shall expire and be of no further force or effect on
     5  and after September 1, [2020]  2021  and  shall  not  apply  to  persons
     6  committed to the custody of the department after such date, and provided
     7  further  that  the commissioner of corrections and community supervision
     8  shall report each January first and July first during such time  as  the
     9  earned  eligibility  program is in effect, to the chairmen of the senate
    10  crime victims, crime and correction committee, the senate codes  commit-
    11  tee,  the  assembly correction committee, and the assembly codes commit-
    12  tee, the standards in effect for earned  eligibility  during  the  prior
    13  six-month  period,  the  number  of inmates subject to the provisions of
    14  earned eligibility, the number who  actually  received  certificates  of
    15  earned  eligibility  during  that  period of time, the number of inmates
    16  with certificates who are granted parole upon their first  consideration
    17  for  parole,  the  number  with  certificates who are denied parole upon
    18  their first consideration, and the number  of  individuals  granted  and
    19  denied parole who did not have earned eligibility certificates.
    20    § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
    21  amending  the tax law and other laws relating to taxes, surcharges, fees
    22  and funding, as amended by section 5 of part O of chapter 55 of the laws
    23  of 2019, is amended to read as follows:
    24    (q) the provisions of section two  hundred  eighty-four  of  this  act
    25  shall  remain in effect until September 1, [2020] 2021 and be applicable
    26  to all persons entering the program on or before August 31, [2020] 2021.
    27    § 6. Section 10 of chapter 339 of  the  laws  of  1972,  amending  the
    28  correction  law  and  the  penal  law  relating  to inmate work release,
    29  furlough and leave, as amended by section 6 of part O of chapter  55  of
    30  the laws of 2019, is amended to read as follows:
    31    §  10. This act shall take effect 30 days after it shall have become a
    32  law and shall remain in effect  until  September  1,  [2020]  2021,  and
    33  provided  further  that  the commissioner of correctional services shall
    34  report each January first, and July first, to the chairman of the senate
    35  crime victims, crime and correction committee, the senate codes  commit-
    36  tee,  the  assembly correction committee, and the assembly codes commit-
    37  tee, the number of eligible inmates in each facility under  the  custody
    38  and  control  of  the commissioner who have applied for participation in
    39  any program offered under the provisions of work release,  furlough,  or
    40  leave, and the number of such inmates who have been approved for partic-
    41  ipation.
    42    §  7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994,
    43  relating to certain provisions which impact upon expenditure of  certain
    44  appropriations  made  by  chapter  50  of the laws of 1994, enacting the
    45  state operations budget, as amended by section 7 of part O of chapter 55
    46  of the laws of 2019, is amended to read as follows:
    47    (c) sections forty-one and forty-two of this act shall expire  Septem-
    48  ber  1,  [2020] 2021; provided, that the provisions of section forty-two
    49  of this act shall apply to inmates entering the work release program  on
    50  or after such effective date; and
    51    §  8.  Subdivision  h  of section 74 of chapter 3 of the laws of 1995,
    52  amending the correction law and other laws relating to the incarceration
    53  fee, as amended by section 8 of part O of chapter  55  of  the  laws  of
    54  2019, is amended to read as follows:
    55    h.  Section fifty-two of this act shall be deemed to have been in full
    56  force and effect on and after April 1, 1995; provided, however, that the

        S. 7505--B                          8                         A. 9505--B
 
     1  provisions of section 189 of the correction law, as amended  by  section
     2  fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
     3  as  amended by section fifty-six of this act, and section fifty-seven of
     4  this  act shall expire September 1, [2020] 2021, when upon such date the
     5  amendments to the correction law and penal law made by  sections  fifty-
     6  five  and  fifty-six  of  this act shall revert to and be read as if the
     7  provisions of this act had not been  enacted;  provided,  however,  that
     8  sections  sixty-two,  sixty-three  and  sixty-four  of this act shall be
     9  deemed to have been in full force and effect on and after March 1,  1995
    10  and  shall  be  deemed  repealed  April  1,  1996 and upon such date the
    11  provisions of subsection (e) of section 9110 of the  insurance  law  and
    12  subdivision  2  of section 89-d of the state finance law shall revert to
    13  and be read as set out in law on  the  date  immediately  preceding  the
    14  effective date of sections sixty-two and sixty-three of this act;
    15    §  9.  Subdivision (c) of section 49 of subpart A of part C of chapter
    16  62 of the laws of 2011, amending the correction law  and  the  executive
    17  law  relating  to  merging  the  department of correctional services and
    18  division of parole into the  department  of  corrections  and  community
    19  supervision, as amended by section 9 of part O of chapter 55 of the laws
    20  of 2019, is amended to read as follows:
    21    (c)  that  the  amendments  to  subdivision  9  of  section 201 of the
    22  correction law as added by section thirty-two of this act  shall  remain
    23  in  effect  until  September 1, [2020] 2021, when it shall expire and be
    24  deemed repealed;
    25    § 10. Subdivision (aa) of section 427 of chapter 55  of  the  laws  of
    26  1992, amending the tax law and other laws relating to taxes, surcharges,
    27  fees  and  funding,  as amended by section 10 of part O of chapter 55 of
    28  the laws of 2019, is amended to read as follows:
    29    (aa) the  provisions  of  sections  three  hundred  eighty-two,  three
    30  hundred  eighty-three  and  three  hundred eighty-four of this act shall
    31  expire on September 1, [2020] 2021;
    32    § 11. Section 12 of chapter 907 of the  laws  of  1984,  amending  the
    33  correction  law,  the New York city criminal court act and the executive
    34  law relating to prison and jail housing and  alternatives  to  detention
    35  and  incarceration programs, as amended by section 11 of part O of chap-
    36  ter 55 of the laws of 2019, is amended to read as follows:
    37    § 12.  This  act  shall  take  effect  immediately,  except  that  the
    38  provisions  of sections one through ten of this act shall remain in full
    39  force and effect until September 1, [2020]  2021  on  which  date  those
    40  provisions shall be deemed to be repealed.
    41    §  12.  Subdivision  (p)  of section 406 of chapter 166 of the laws of
    42  1991, amending the tax law and other laws relating to taxes, as  amended
    43  by section 12 of part O of chapter 55 of the laws of 2019, is amended to
    44  read as follows:
    45    (p) The amendments to section 1809 of the vehicle and traffic law made
    46  by sections three hundred thirty-seven and three hundred thirty-eight of
    47  this  act  shall not apply to any offense committed prior to such effec-
    48  tive date; provided, further, that section three  hundred  forty-one  of
    49  this act shall take effect immediately and shall expire November 1, 1993
    50  at  which  time  it  shall  be  deemed  repealed; sections three hundred
    51  forty-five and three hundred forty-six of this  act  shall  take  effect
    52  July  1,  1991;  sections three hundred fifty-five, three hundred fifty-
    53  six, three hundred fifty-seven and three hundred fifty-nine of this  act
    54  shall  take  effect immediately and shall expire June 30, 1995 and shall
    55  revert to and be read as if this act had not been enacted; section three
    56  hundred fifty-eight of this act shall take effect immediately and  shall

        S. 7505--B                          9                         A. 9505--B

     1  expire  June 30, 1998 and shall revert to and be read as if this act had
     2  not been enacted; section three hundred sixty-four through three hundred
     3  sixty-seven of this act shall apply to claims filed  on  or  after  such
     4  effective  date; sections three hundred sixty-nine, three hundred seven-
     5  ty-two, three hundred seventy-three, three hundred  seventy-four,  three
     6  hundred  seventy-five  and  three  hundred seventy-six of this act shall
     7  remain in effect until September 1, [2020]  2021,  at  which  time  they
     8  shall   be  deemed  repealed;  provided,  however,  that  the  mandatory
     9  surcharge provided in section three hundred  seventy-four  of  this  act
    10  shall  apply  to parking violations occurring on or after said effective
    11  date; and provided further that the amendments made to  section  235  of
    12  the vehicle and traffic law by section three hundred seventy-two of this
    13  act,  the amendments made to section 1809 of the vehicle and traffic law
    14  by sections three hundred thirty-seven and three hundred thirty-eight of
    15  this act and the amendments made to section 215-a of the  labor  law  by
    16  section three hundred seventy-five of this act shall expire on September
    17  1,  [2020]  2021  and upon such date the provisions of such subdivisions
    18  and sections shall revert to and be read as if the  provisions  of  this
    19  act  had  not  been  enacted;  the amendments to subdivisions 2 and 3 of
    20  section 400.05 of the penal law made by sections three hundred  seventy-
    21  seven  and  three hundred seventy-eight of this act shall expire on July
    22  1, 1992 and upon such date the provisions  of  such  subdivisions  shall
    23  revert  and  shall be read as if the provisions of this act had not been
    24  enacted; the state board of law examiners shall take such action  as  is
    25  necessary to assure that all applicants for examination for admission to
    26  practice  as  an  attorney and counsellor at law shall pay the increased
    27  examination fee provided for by the amendment made to section 465 of the
    28  judiciary law by section three hundred eighty of this act for any  exam-
    29  ination given on or after the effective date of this act notwithstanding
    30  that an applicant for such examination may have prepaid a lesser fee for
    31  such examination as required by the provisions of such section 465 as of
    32  the  date  prior  to  the  effective date of this act; the provisions of
    33  section 306-a of the civil practice law and rules as  added  by  section
    34  three  hundred eighty-one of this act shall apply to all actions pending
    35  on or commenced on or after September 1, 1991, provided,  however,  that
    36  for  the  purposes of this section service of such summons made prior to
    37  such date shall be deemed to have been completed on September  1,  1991;
    38  the  provisions  of section three hundred eighty-three of this act shall
    39  apply to all money deposited  in  connection  with  a  cash  bail  or  a
    40  partially  secured  bail  bond  on or after such effective date; and the
    41  provisions of sections  three  hundred  eighty-four  and  three  hundred
    42  eighty-five  of  this  act  shall  apply  only to jury service commenced
    43  during a judicial term beginning on or after the effective date of  this
    44  act; provided, however, that nothing contained herein shall be deemed to
    45  affect  the  application,  qualification,  expiration  or  repeal of any
    46  provision of law amended by any section of this act and such  provisions
    47  shall  be  applied or qualified or shall expire or be deemed repealed in
    48  the same manner, to the same extent and on the same date as the case may
    49  be as otherwise provided by law;
    50    § 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
    51  amended by section 13 of part O of chapter 55 of the laws  of  2019,  is
    52  amended to read as follows:
    53    8. The provisions of this section shall only apply to offenses commit-
    54  ted on or before September first, two thousand [twenty] twenty-one.
    55    § 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
    56  cle  and  traffic law relating to the ignition interlock device program,

        S. 7505--B                         10                         A. 9505--B
 
     1  as amended by section 14 of part O of chapter 55 of the laws of 2019, is
     2  amended to read as follows:
     3    §  6.  This  act  shall  take  effect  on  the first day of April next
     4  succeeding the date on which it  shall  have  become  a  law;  provided,
     5  however,  that  effective immediately, the addition, amendment or repeal
     6  of any rule or regulation necessary for the implementation of the  fore-
     7  going  sections  of  this  act on their effective date is authorized and
     8  directed to be made and completed on or before such effective  date  and
     9  shall  remain in full force and effect until the first day of September,
    10  [2020] 2021 when upon such date the provisions  of  this  act  shall  be
    11  deemed repealed.
    12    § 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
    13  laws of 1997, amending the military law and other laws relating to vari-
    14  ous  provisions, as amended by section 15 of part O of chapter 55 of the
    15  laws of 2019, is amended to read as follows:
    16    a. sections forty-three through forty-five of this  act  shall  expire
    17  and be deemed repealed on September 1, [2020] 2021;
    18    § 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
    19  the civil practice law and rules and the court of claims act relating to
    20  prisoner  litigation reform, as amended by section 16 of part O of chap-
    21  ter 55 of the laws of 2019, is amended to read as follows:
    22    § 4. This act shall take effect 120 days after it shall have become  a
    23  law  and shall remain in full force and effect until September 1, [2020]
    24  2021, when upon such date it shall expire.
    25    § 17. Subdivision 2 of section 59 of chapter 222 of the laws of  1994,
    26  constituting  the  family  protection and domestic violence intervention
    27  act of 1994, as amended by section 17 of part O of  chapter  55  of  the
    28  laws of 2019, is amended to read as follows:
    29    2.  Subdivision  4  of section 140.10 of the criminal procedure law as
    30  added by section thirty-two of this act shall  take  effect  January  1,
    31  1996  and  shall  expire  and  be deemed repealed on September 1, [2020]
    32  2021.
    33    § 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
    34  inal procedure law relating to the use of closed-circuit television  and
    35  other  protective  measures  for  certain child witnesses, as amended by
    36  section 18 of part O of chapter 55 of the laws of 2019,  is  amended  to
    37  read as follows:
    38    §  5.  This  act  shall take effect immediately and shall apply to all
    39  criminal actions and proceedings commenced prior to the  effective  date
    40  of  this  act  but  still  pending  on such date as well as all criminal
    41  actions and proceedings commenced on or after such  effective  date  and
    42  its provisions shall expire on  September 1, [2020] 2021, when upon such
    43  date the provisions of this act shall be deemed repealed.
    44    §  19.  Subdivision  d of section 74 of chapter 3 of the laws of 1995,
    45  enacting the sentencing reform act of 1995, as amended by section 19  of
    46  part O of chapter 55 of the laws of 2019, is amended to read as follows:
    47    d.  Sections  one-a  through twenty, twenty-four through twenty-eight,
    48  thirty through thirty-nine, forty-two and forty-four of this  act  shall
    49  be deemed repealed on September 1, [2020] 2021;
    50    § 20. Section 2 of chapter 689 of the laws of 1993, amending the crim-
    51  inal  procedure  law  relating to electronic court appearance in certain
    52  counties, as amended by section 20 of part O of chapter 55 of  the  laws
    53  of 2019, is amended to read as follows:
    54    §  2.  This  act  shall  take  effect  immediately,  except  that  the
    55  provisions of this act shall be deemed to have been in  full  force  and
    56  effect  since  July  1, 1992 and the provisions of this act shall expire

        S. 7505--B                         11                         A. 9505--B
 
     1  September 1, [2020] 2021 when upon such date the provisions of this  act
     2  shall be deemed repealed.
     3    § 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
     4  utive law relating to enacting the interstate compact for adult offender
     5  supervision,  as  amended  by  section 21 of part O of chapter 55 of the
     6  laws of 2019, is amended to read as follows:
     7    § 3. This act shall take effect immediately, except that  section  one
     8  of  this  act  shall take effect on the first of January next succeeding
     9  the date on which it shall have become a law, and shall remain in effect
    10  until the first of September, [2020] 2021,  upon  which  date  this  act
    11  shall  be deemed repealed and have no further force and effect; provided
    12  that section one of this act shall only take effect with respect to  any
    13  compacting  state  which  has  enacted  an  interstate  compact entitled
    14  "Interstate compact for adult offender supervision" and having an  iden-
    15  tical  effect  to  that  added  by  section one of this act and provided
    16  further that with respect to any such compacting state, upon the  effec-
    17  tive date of section one of this act, section 259-m of the executive law
    18  is  hereby  deemed  REPEALED and section 259-mm of the executive law, as
    19  added by section one of  this  act,  shall  take  effect;  and  provided
    20  further  that  with respect to any state which has not enacted an inter-
    21  state compact entitled "Interstate compact  for  adult  offender  super-
    22  vision"  and  having an identical effect to that added by section one of
    23  this act, section 259-m of the executive law shall take effect  and  the
    24  provisions  of  section one of this act, with respect to any such state,
    25  shall have no force or effect until such time as such state shall  adopt
    26  an  interstate  compact  entitled "Interstate compact for adult offender
    27  supervision" and having an identical effect to that added by section one
    28  of this act in which case, with respect to such state,  effective  imme-
    29  diately,  section  259-m  of  the  executive  law is deemed repealed and
    30  section 259-mm of the executive law, as added by  section  one  of  this
    31  act, shall take effect.
    32    §  22. Section 8 of part H of chapter 56 of the laws of 2009, amending
    33  the correction law relating to limiting the closing of  certain  correc-
    34  tional  facilities,  providing  for  the  custody  by  the department of
    35  correctional services of inmates serving definite  sentences,  providing
    36  for  custody  of  federal prisoners and requiring the closing of certain
    37  correctional facilities, as amended by section 22 of part O  of  chapter
    38  55 of the laws of 2019, is amended to read as follows:
    39    §  8.  This  act shall take effect immediately; provided, however that
    40  sections five and six of this act shall expire and  be  deemed  repealed
    41  September 1, [2020] 2021.
    42    § 23. Section 3 of part C of chapter 152 of the laws of 2001, amending
    43  the military law relating to military funds of the organized militia, as
    44  amended  by  section  23 of part O of chapter 55 of the laws of 2019, is
    45  amended to read as follows:
    46    § 3. This act shall take effect immediately; provided however that the
    47  amendments made to subdivision 1 of section 221 of the military  law  by
    48  section two of this act shall expire and be deemed repealed September 1,
    49  [2020] 2021.
    50    §  24.  Section  5  of  chapter  554 of the laws of 1986, amending the
    51  correction law and the penal law relating  to  providing  for  community
    52  treatment  facilities  and establishing the crime of absconding from the
    53  community treatment facility, as amended by section  24  of  part  O  of
    54  chapter 55 of the laws of 2019, is amended to read as follows:
    55    §  5.  This act shall take effect immediately and shall remain in full
    56  force and effect until September 1, [2020] 2021,  and  provided  further

        S. 7505--B                         12                         A. 9505--B
 
     1  that the commissioner of correctional services shall report each January
     2  first  and July first during such time as this legislation is in effect,
     3  to the chairmen of  the  senate  crime  victims,  crime  and  correction
     4  committee,  the  senate codes committee, the assembly correction commit-
     5  tee, and the assembly codes committee, the number of individuals who are
     6  released to community treatment facilities during the previous six-month
     7  period, including the total number for each date at  each  facility  who
     8  are  not residing within the facility, but who are required to report to
     9  the facility on a daily or less frequent basis.
    10    § 25. Section 2 of part F of chapter 55 of the laws of 2018,  amending
    11  the  criminal  procedure law relating to pre-criminal proceeding settle-
    12  ments in the city of New York, as amended by section 25  of  part  O  of
    13  chapter 55 of the laws of 2019, is amended to read as follows:
    14    §  2.  This act shall take effect immediately and shall remain in full
    15  force and effect until March 31, [2020] 2021, when it shall  expire  and
    16  be deemed repealed.
    17    §  26.  This  act shall take effect immediately, provided however that
    18  section twenty-five of this act shall be deemed to  have  been  in  full
    19  force and effect on and after March 31, 2020.
 
    20                                   PART B
 
    21                            Intentionally Omitted
 
    22                                   PART C
 
    23                            Intentionally Omitted

    24                                   PART D
 
    25                            Intentionally Omitted
 
    26                                   PART E
 
    27    Section  1.  The  state finance law is amended by adding a new section
    28  99-hh to read as follows:
    29    § 99-hh. Criminal justice discovery compensation fund.   1.  There  is
    30  hereby established in the joint custody of the state comptroller and the
    31  commissioner  of taxation and finance a fund to be known as the criminal
    32  justice discovery compensation fund.
    33    2. (a) Such fund shall consist of forty million dollars upon immediate
    34  transfer from funds secured by payments associated with state sanctioned
    35  deferred prosecution agreements  currently  held  on  deposit  with  the
    36  office of the Manhattan district attorney.
    37    (b) The office of the Manhattan district attorney shall annually remit
    38  forty  million  dollars  of future state sanctioned deferred prosecution
    39  agreement funds which have been secured by January first of  the  subse-
    40  quent  year.  If  forty  million  dollars in future funding has not been
    41  secured, the office of the Manhattan district  attorney  shall  transfer
    42  forty  million  dollars  from  funds secured by payments associated with
    43  state sanctioned  deferred  prosecution  agreements  currently  held  on
    44  deposit  with  the  office of the Manhattan district attorney by January
    45  first.
    46    3. Monies of the criminal justice discovery compensation fund, follow-
    47  ing appropriation by the legislature and allocation by the  director  of
    48  the  budget,  shall  be made available for local assistance services and

        S. 7505--B                         13                         A. 9505--B
 
     1  expenses related to discovery reform implementation, including  but  not
     2  limited  to,  digital  evidence  transmission technology, administrative
     3  support, computers, hardware and operating software, data  connectivity,
     4  development of training materials, staff training, overtime costs, liti-
     5  gation   readiness,  and  pretrial  services.  Eligible  entities  shall
     6  include, but not be limited to counties, cities  with  populations  less
     7  than  one million, and law enforcement and prosecutorial entities within
     8  towns and villages.
     9    § 2. Section 95.00 of the criminal procedure law, as added by  section
    10  1  of  part  F  of chapter 55 of the laws of 2018, is amended to read as
    11  follows:
    12  § 95.00 Pre-criminal proceeding settlement.
    13    When a county district attorney of a county located in a city  of  one
    14  million  or  more  recovers  monies  before  the filing of an accusatory
    15  instrument as defined in subdivision one of section 1.20 of  this  chap-
    16  ter,  after  injured  parties  have  been appropriately compensated, the
    17  district attorney's office shall retain a percentage  of  the  remaining
    18  such  monies  in recognition that such monies were recovered as a result
    19  of investigations undertaken by such office. For each recovery the total
    20  amount of such monies to be retained by the county  district  attorney's
    21  office  shall equal ten percent of the first twenty-five million dollars
    22  received by such office, plus seven and one-half percent of such  monies
    23  received  by  such  office  in excess of twenty-five million dollars but
    24  less than fifty million dollars, plus five percent of  any  such  monies
    25  received by such office in excess of fifty million dollars but less than
    26  one hundred million dollars, plus one percent of such monies received by
    27  such  office  in excess of one hundred million dollars. The remainder of
    28  such monies shall be paid by the district attorney's office to the state
    29  and to the county in equal amounts within thirty days of receipt,  where
    30  disposition  of  such  monies is not otherwise prescribed by law. Monies
    31  distributed to a county district  attorney's  office  pursuant  to  this
    32  section  shall  be  used  to  enhance law enforcement efforts within the
    33  state of New York. On December first of each year, every district attor-
    34  ney shall provide the governor, temporary president of  the  senate  and
    35  speaker of the assembly with an annual report detailing the total amount
    36  of  monies  received  as  described herein by his or her office [and], a
    37  description of how and where such funds, and  an  itemization  of  funds
    38  received  in  the  previous  ten  years,  were distributed by his or her
    39  office but shall not include a description of the distribution of monies
    40  where the disclosure of such information  would  interfere  with  a  law
    41  enforcement  investigation  or  a  judicial  proceeding, and the current
    42  total balance of monies held on deposit for  state  sanctioned  deferred
    43  prosecution  agreements. The report shall include a detailed description
    44  of any entity to which funds are distributed, including but not  limited
    45  to,  whether  it  is  a  profit  or  not-for-profit  entity, where it is
    46  located, and the intended use of the monies distributed, and shall state
    47  the law enforcement purpose.
    48    § 3. This act shall take effect immediately; provided,  however,  that
    49  subdivision  2  of  section  99-hh of the state finance law, as added by
    50  section one of this act, shall expire and be deemed repealed  March  31,
    51  2022,  and provided, further that the amendments to section 95.00 of the
    52  criminal procedure law made by section two of this act shall not  affect
    53  the repeal of such section and shall be deemed repealed therewith.
 
    54                                   PART F

        S. 7505--B                         14                         A. 9505--B
 
     1    Section 1. Notwithstanding the provisions of sections 79-a and 79-b of
     2  the  correction  law,  the  governor is authorized to close correctional
     3  facilities of the department of corrections and  community  supervision,
     4  in the state fiscal year 2020-2021, as he determines to be necessary for
     5  the  cost-effective  and efficient operation of the correctional system,
     6  provided that the governor provides at least 90 days notice prior to any
     7  such closures to the temporary president of the senate and  the  speaker
     8  of  the assembly.   Such notice shall include the list of facilities the
     9  governor plans to close, the number of incarcerated individuals in  said
    10  facilities,  and  the  number  of  staff working in said facilities. The
    11  commissioner of corrections and community supervision shall also  report
    12  in  detail  to  the temporary president of the senate and the speaker of
    13  the assembly on the results of staff relocation efforts within  60  days
    14  after such closure.
    15    §  2.  This  act  shall take effect immediately and shall be deemed to
    16  have been in full force and effect on and after April 1, 2020 and  shall
    17  expire and be deemed repealed March 31, 2021.
 
    18                                   PART G
 
    19    Section  1.  Paragraph  (a-1) of subdivision 4 of section 70.20 of the
    20  penal law is REPEALED.
    21    § 2. Section 77 of the correction law is REPEALED.
    22    § 3. The correction law is amended by adding a new section 80 to  read
    23  as follows:
    24    §  80. Transfer of adolescents from the department. The department and
    25  the office of children and family services  shall  jointly  establish  a
    26  transition  plan  and protocol to be used in transferring custody of all
    27  adolescent offenders and individuals under the age of eighteen from  the
    28  custody  of  the department to the custody of the office of children and
    29  family services on or before October first,  two  thousand  twenty.  The
    30  plan  and protocol shall be completed on or before July first, two thou-
    31  sand twenty.
    32    § 4. The section heading and subdivisions 1, 2, 7 and 8 of section 508
    33  of the executive law, the section heading as added by chapter 481 of the
    34  laws of 1978, subdivision 1 as amended by chapter 738  of  the  laws  of
    35  2004,  subdivisions  2,  7 and 8 as amended by section 82 of part WWW of
    36  chapter 59 of the laws of 2017 and such section as renumbered by chapter
    37  465 of the laws of 1992, are amended to read as follows:
    38    Juvenile offender and adolescent offender facilities. 1. The office of
    39  children and family services shall maintain secure  facilities  for  the
    40  care  and  confinement  of  juvenile  offenders and adolescent offenders
    41  committed for [an indeterminate, determinate  or  definite]  a  sentence
    42  pursuant  to the sentencing provisions of the penal law. Such facilities
    43  shall provide appropriate services to juvenile offenders and  adolescent
    44  offenders including but not limited to residential care, educational and
    45  vocational training, physical and mental health services, and employment
    46  counseling.
    47    2.  Juvenile  offenders  and adolescent offenders shall be confined in
    48  such facilities until the age of twenty-one  in  accordance  with  their
    49  sentences,  and  shall  not  be  released,  discharged or permitted home
    50  visits except pursuant to the provisions of this section.
    51    7. While in the custody of the office of children and family services,
    52  an offender shall be subject to the rules and regulations of the office,
    53  except that his or her parole, temporary release and discharge shall  be
    54  governed by the laws applicable to inmates of state correctional facili-

        S. 7505--B                         15                         A. 9505--B
 
     1  ties  and his or her transfer to state hospitals in the office of mental
     2  health shall be governed by section five hundred nine of this  [chapter]
     3  article;  provided,  however,  that  an  otherwise eligible offender may
     4  receive  the  six-month  limited  credit  time  allowance for successful
     5  participation in one or more programs developed by the office  of  chil-
     6  dren  and  family services that are comparable to the programs set forth
     7  in section eight hundred three-b of  the  correction  law,  taking  into
     8  consideration  the  age  of offenders. The commissioner of the office of
     9  children and family  services  shall,  however,  establish  and  operate
    10  temporary  release  programs  at  office of children and family services
    11  facilities for eligible juvenile offenders and adolescent offenders  and
    12  contract  with  the  department of corrections and community supervision
    13  for the provision of parole supervision services for  temporary  releas-
    14  ees.  The  rules  and regulations for these programs shall not be incon-
    15  sistent with the laws for temporary release  applicable  to  inmates  of
    16  state  correctional  facilities.  For  the purposes of temporary release
    17  programs for juvenile offenders  and  adolescent  offenders  only,  when
    18  referred  to  or  defined  in  article twenty-six of the correction law,
    19  "institution" shall mean any facility designated by the commissioner  of
    20  the  office of children and family services, "department" shall mean the
    21  office of children and family services, "inmate" shall mean  a  juvenile
    22  offender  or  adolescent  offender residing in an office of children and
    23  family services facility, and "commissioner" shall mean the commissioner
    24  of the office of children and family services. Time spent in  office  of
    25  children and family services facilities and in juvenile detention facil-
    26  ities  shall be credited towards the sentence imposed in the same manner
    27  and to the same extent  applicable  to  inmates  of  state  correctional
    28  facilities.
    29    8.  Whenever  a  juvenile  offender, adolescent offender or a juvenile
    30  offender or adolescent offender adjudicated a youthful offender shall be
    31  delivered to the director of an office of children and  family  services
    32  facility  pursuant  to a commitment to the office of children and family
    33  services, the officer so delivering such person shall  deliver  to  such
    34  facility  director  a  certified  copy  of the sentence received by such
    35  officer from the clerk of the court by which such person shall have been
    36  sentenced, a copy of the report of the probation officer's investigation
    37  and report, any other pre-sentence memoranda filed  with  the  court,  a
    38  copy  of  the person's fingerprint records, a detailed summary of avail-
    39  able medical  records,  psychiatric  records  and  reports  relating  to
    40  assaults,  or  other  violent acts, attempts at suicide or escape by the
    41  person while in the custody of a local detention facility.
    42    § 5. Paragraphs (a), (b), (c), (d) and (e) of subdivision 2 of section
    43  508 of the executive law are REPEALED.
    44    § 6. This act shall take effect immediately; provided that:
    45    a. sections one and four of this act shall take effect on the sixtieth
    46  day after this act shall have become a  law  and  the  changes  made  by
    47  section  one  shall apply to sentences ordered pursuant to section 70.20
    48  of the penal law on or after the effective date;
    49    b. section two of this act shall take effect October 1, 2020; and
    50    c. section three of this act shall expire October 1,  2021  when  upon
    51  such  date  the  provisions  of  such  section shall be deemed repealed.
    52  Effective immediately, the addition, amendment and/or repeal of any rule
    53  or regulation necessary for the implementation of this act on its effec-
    54  tive date are authorized to be made and  completed  on  or  before  such
    55  effective date.

        S. 7505--B                         16                         A. 9505--B
 
     1                                   PART H
 
     2                            Intentionally Omitted
 
     3                                   PART I
 
     4    Section  1. Paragraph (b) of subdivision 6 of section 186-f of the tax
     5  law, as amended by section 1 of part M of chapter  55  of  the  laws  of
     6  2018, is amended to read as follows:
     7    (b)  The  sum  of  one  million  five hundred thousand dollars must be
     8  deposited into the New York state emergency services revolving loan fund
     9  annually; provided, however, that such sums shall not be  deposited  for
    10  state  fiscal  years two thousand eleven--two thousand twelve, two thou-
    11  sand twelve--two thousand thirteen, two thousand fourteen--two  thousand
    12  fifteen,  two  thousand  fifteen--two  thousand  sixteen,  two  thousand
    13  sixteen--two thousand seventeen, two  thousand  seventeen--two  thousand
    14  eighteen,  two thousand eighteen--two thousand nineteen [and], two thou-
    15  sand nineteen--two thousand twenty, two  thousand  twenty--two  thousand
    16  twenty-one and two thousand twenty-one--two thousand twenty-two;
    17    § 2. This act shall take effect April 1, 2020.
 
    18                                   PART J
 
    19                            Intentionally Omitted
 
    20                                   PART K
 
    21                            Intentionally Omitted
 
    22                                   PART L
 
    23                            Intentionally Omitted
 
    24                                   PART M
 
    25    Section 1. This act shall be known and may be cited as the "safe homes
    26  and families act".
    27    § 2. Section 140.10 of the criminal procedure law is amended by adding
    28  a new subdivision 6 to read as follows:
    29    6.  (a)  A police officer who responds to a report of a family offense
    30  as defined in section 530.11 of this chapter and section  eight  hundred
    31  twelve  of  the  family  court  act  may  take  temporary custody of any
    32  firearm, rifle, electronic dart gun, electronic stun gun, disguised gun,
    33  imitation weapon, shotgun, antique firearm, black  powder  rifle,  black
    34  powder  shotgun,  or muzzle-loading firearm that is in plain sight or is
    35  discovered pursuant to a consensual or other lawful  search,  and  shall
    36  take  temporary  custody of any such weapon that is in the possession of
    37  any person arrested  for  the  commission  of  such  family  offense  or
    38  suspected  of its commission. An officer who takes custody of any weapon
    39  pursuant to this paragraph shall also take custody  of  any  license  to
    40  carry,  possess, repair, and dispose of such weapon issued to the person
    41  arrested or suspected of such family offense. The officer shall  deliver
    42  such weapon and/or license to the appropriate law enforcement officer as
    43  provided  in  subparagraph  (f)  of  paragraph  one  of subdivision a of
    44  section 265.20 of the penal law.

        S. 7505--B                         17                         A. 9505--B
 
     1    (b) Upon taking custody of weapons or a license described in paragraph
     2  (a) of this subdivision, the responding officer shall give the owner  or
     3  person  in  possession  of  such weapons or license a receipt describing
     4  such weapons and/or license and indicating any identification or  serial
     5  number  on  such  weapons. Such receipt shall indicate where the weapons
     6  and/or license can be recovered and describe the  process  for  recovery
     7  provided in paragraph (e) of this subdivision.
     8    (c)  Not less than forty-eight hours after effecting such seizure, and
     9  in the absence of (i) an order of protection, an extreme risk protection
    10  order, or other court order prohibiting the owner from possessing such a
    11  weapon and/or license, or (ii) a pending criminal charge  or  conviction
    12  which prohibits such owner from possessing such a weapon and/or license,
    13  and  upon  a  written  finding  that there is no legal impediment to the
    14  owner's possession of such a weapon and/or license, the court or, if  no
    15  court  is involved, licensing authority or custodian of the weapon shall
    16  direct return of a weapon not otherwise disposed of in  accordance  with
    17  subdivision  one  of section 400.05 of the penal law and/or such license
    18  taken into custody pursuant to this section.
    19    (d) If any other person demonstrates that such person  is  the  lawful
    20  owner  of  any  weapon  taken into custody pursuant to this section, and
    21  provided that the court or, if no court is involved, licensing authority
    22  or custodian of the weapon has made a written finding that there  is  no
    23  legal  impediment  to  the  person's  possession  of such a weapon, such
    24  court, licensing authority or custodian of the weapon, as the  case  may
    25  be, shall direct that such weapon be returned to such lawful owner.
    26    (e) All weapons in the possession of a law enforcement official pursu-
    27  ant  to  this  section  shall be subject to the provisions of applicable
    28  law, including but not limited to subdivision six of section  400.05  of
    29  the penal law; provided, however, that any such weapon shall be retained
    30  and not disposed of by the law enforcement agency for at least two years
    31  unless  legally  transferred  by the owner to an individual permitted by
    32  law to own and possess such weapon.
    33    § 3. The section heading and paragraphs (a) and (b) of  subdivision  1
    34  of  section  530.14 of the criminal procedure law, as amended by chapter
    35  60 of the laws of 2018, are amended and a new paragraph (c) is added  to
    36  subdivision 1 to read as follows:
    37    Suspension  and  revocation  of a license to carry, possess, repair or
    38  dispose of a firearm or firearms pursuant to section 400.00 of the penal
    39  law and ineligibility for such a license; order to  surrender  firearms;
    40  order to seize firearms.
    41    (a) the court shall suspend any such existing license possessed by the
    42  defendant,  order  the defendant ineligible for such a license and order
    43  the immediate surrender of any or  all  firearms,  rifles  and  shotguns
    44  owned  or  possessed where the court receives information that gives the
    45  court good  cause  to  believe  that  (i)  the  defendant  has  a  prior
    46  conviction  of any violent felony offense as defined in section 70.02 of
    47  the penal law; (ii) the defendant has  previously  been  found  to  have
    48  willfully  failed  to  obey a prior order of protection and such willful
    49  failure involved (A) the infliction of physical injury,  as  defined  in
    50  subdivision  nine  of  section  10.00  of  the penal law, (B) the use or
    51  threatened use of a deadly weapon or dangerous instrument as those terms
    52  are defined in subdivisions twelve and thirteen of section 10.00 of  the
    53  penal  law,  or  (C) behavior constituting any violent felony offense as
    54  defined in section 70.02 of the penal law; or (iii) the defendant has  a
    55  prior  conviction for stalking in the first degree as defined in section
    56  120.60 of the penal law, stalking in the second  degree  as  defined  in

        S. 7505--B                         18                         A. 9505--B
 
     1  section 120.55 of the penal law, stalking in the third degree as defined
     2  in  section  120.50 of the penal law or stalking in the fourth degree as
     3  defined in section 120.45 of such law; [and]
     4    (b)  the court shall where the court finds a substantial risk that the
     5  defendant may use or threaten to use a firearm, rifle or shotgun  unlaw-
     6  fully  against  the person or persons for whose protection the temporary
     7  order of  protection  is  issued,  suspend  any  such  existing  license
     8  possessed  by  the  defendant, order the defendant ineligible for such a
     9  license and order the immediate surrender pursuant to  subparagraph  (f)
    10  of  paragraph one of subdivision a of section 265.20 and subdivision six
    11  of section 400.05 of the penal law, of any or all firearms,  rifles  and
    12  shotguns owned or possessed[.]; and
    13    (c)  the  court may where the defendant willfully refuses to surrender
    14  such firearm, rifle or shotgun pursuant to paragraphs  (a)  and  (b)  of
    15  this  subdivision,  or  for  other good cause shown, order the immediate
    16  seizure of such firearm, rifle or shotgun, and search therefor, pursuant
    17  to an order issued in accordance with article six hundred ninety of this
    18  part, consistent with such rights as the defendant may derive from  this
    19  article or the constitution of this state or the United States.
    20    §  4. Paragraphs (a) and (b) of subdivision 2 of section 530.14 of the
    21  criminal procedure law, as amended by chapter 60 of the  laws  of  2018,
    22  are amended and a new paragraph (c) is added to read as follows:
    23    (a)  the court shall revoke any such existing license possessed by the
    24  defendant, order the defendant ineligible for such a license  and  order
    25  the  immediate  surrender  of  any  or all firearms, rifles and shotguns
    26  owned or possessed where such action is required by  section  400.00  of
    27  the penal law; [and]
    28    (b)  the court shall where the court finds a substantial risk that the
    29  defendant may use or threaten to use a firearm, [rifles] rifle or [shot-
    30  guns] shotgun  unlawfully  against  the  person  or  persons  for  whose
    31  protection the order of protection is issued, (i) revoke any such exist-
    32  ing  license  possessed by the defendant, order the defendant ineligible
    33  for such a license and order the  immediate  surrender  of  any  or  all
    34  firearms,  rifles  and  shotguns  owned  or possessed or (ii) suspend or
    35  continue to suspend any such existing license possessed by  the  defend-
    36  ant,  order  the  defendant  ineligible for such a license and order the
    37  immediate surrender pursuant to subparagraph (f)  of  paragraph  one  of
    38  subdivision a of section 265.20 and subdivision six of section 400.05 of
    39  the  penal  law,  of  any  or all firearms, rifles and shotguns owned or
    40  possessed[.]; and
    41    (c) the court may where the defendant willfully refuses  to  surrender
    42  such  firearm,  rifle  or  shotgun pursuant to paragraphs (a) and (b) of
    43  this subdivision, or for other good cause  shown,  order  the  immediate
    44  seizure of such firearm, rifle or shotgun, and search therefor, pursuant
    45  to an order issued in accordance with article six hundred ninety of this
    46  part,  consistent with such rights as the defendant may derive from this
    47  article or the constitution of this state or the United States.
    48    § 5. Paragraphs (a) and (b) of subdivision 3 of section 530.14 of  the
    49  criminal  procedure  law,  as amended by chapter 60 of the laws of 2018,
    50  are amended and a new paragraph (c) is added to read as follows:
    51    (a) the court shall revoke any such existing license possessed by  the
    52  defendant,  order  the defendant ineligible for such a license and order
    53  the immediate surrender of any or  all  firearms,  rifles  and  shotguns
    54  owned or possessed where the willful failure to obey such order involved
    55  (i) the infliction of physical injury, as defined in subdivision nine of
    56  section  10.00  of  the  penal  law, (ii) the use or threatened use of a

        S. 7505--B                         19                         A. 9505--B

     1  deadly weapon or dangerous instrument as  those  terms  are  defined  in
     2  subdivisions  twelve  and  thirteen  of  section 10.00 of the penal law,
     3  (iii) behavior constituting any violent felony  offense  as  defined  in
     4  section  70.02  of the penal law; or (iv) behavior constituting stalking
     5  in the first degree as defined in  section  120.60  of  the  penal  law,
     6  stalking  in the second degree as defined in section 120.55 of the penal
     7  law, stalking in the third degree as defined in section  120.50  of  the
     8  penal  law or stalking in the fourth degree as defined in section 120.45
     9  of such law; [and]
    10    (b) the court shall where the court finds a substantial risk that  the
    11  defendant  may use or threaten to use a firearm, rifle or shotgun unlaw-
    12  fully against the person or persons for whose protection  the  order  of
    13  protection was issued, (i) revoke any such existing license possessed by
    14  the  defendant,  order  the  defendant ineligible for such a license and
    15  order the immediate surrender pursuant to subparagraph (f) of  paragraph
    16  one  of  subdivision  a of section 265.20 and subdivision six of section
    17  400.05 of the penal law, of any or all  firearms,  rifles  and  shotguns
    18  owned  or  possessed or (ii) suspend any such existing license possessed
    19  by the defendant, order the defendant ineligible for such a license  and
    20  order  the immediate surrender pursuant to subparagraph (f) of paragraph
    21  one of subdivision a of section 265.20 and subdivision  six  of  section
    22  400.05  of  the  penal  law, of any or all firearms, rifles and shotguns
    23  owned or possessed[.]; and
    24    (c) the court may where the defendant willfully refuses  to  surrender
    25  such  firearm,  rifle  or  shotgun pursuant to paragraphs (a) and (b) of
    26  this subdivision, or for other good cause  shown,  order  the  immediate
    27  seizure of such firearm, rifle or shotgun, and search therefor, pursuant
    28  to an order issued in accordance with article six hundred ninety of this
    29  part,  consistent with such rights as the defendant may derive from this
    30  article or the constitution of this state or the United States.
    31    § 6. Paragraph (b) of subdivision 5 of section 530.14 of the  criminal
    32  procedure  law, as amended by chapter 60 of the laws of 2018, is amended
    33  and a new paragraph (d) is added to read as follows:
    34    (b) The prompt surrender of one or more firearms, rifles  or  shotguns
    35  pursuant  to  a  court  order  issued  pursuant to this section shall be
    36  considered a voluntary surrender for purposes  of  subparagraph  (f)  of
    37  paragraph  one  of subdivision a of section 265.20 of the penal law. The
    38  disposition of any such weapons, including weapons ordered to be  seized
    39  pursuant  to  this  section and section eight hundred forty-two-a of the
    40  family court act, shall be in accordance with the provisions of subdivi-
    41  sion six of section 400.05 of the penal  law;  provided,  however,  that
    42  upon termination of any suspension order issued pursuant to this section
    43  or section eight hundred forty-two-a of the family court act, upon writ-
    44  ten application of the subject of the order, with notice and opportunity
    45  to be heard to the district attorney, the county attorney, the protected
    46  party,  and  every  licensing  officer  responsible  for  issuance  of a
    47  firearms license to the subject of the order pursuant  to  article  four
    48  hundred  of  the  penal law, and upon a written finding that there is no
    49  legal impediment to the subject's possession of a  surrendered  firearm,
    50  rifle  or  shotgun, any court of record exercising criminal jurisdiction
    51  may order the return of  a  firearm,  rifle  or  shotgun  not  otherwise
    52  disposed  of in accordance with subdivision six of section 400.05 of the
    53  penal law. When issuing  such  order  in  connection  with  any  firearm
    54  subject to a license requirement under article four hundred of the penal
    55  law, if the licensing officer informs the court that he or she will seek

        S. 7505--B                         20                         A. 9505--B
 
     1  to  revoke the license, the order shall be stayed by the court until the
     2  conclusion of any license revocation proceeding.
     3    (d)  If  any  other person demonstrates that such person is the lawful
     4  owner of any weapon taken into  custody  pursuant  to  this  section  or
     5  section  eight hundred forty-two-a of the family court act, and provided
     6  that the court has made a written finding that there is no legal  imped-
     7  iment  to  the  person's  possession  of such a weapon, such court shall
     8  direct that such weapon be returned to such lawful owner.
     9    § 7. Subdivisions 6 and 7 of section 530.14 of the criminal  procedure
    10  law,  as  amended by chapter 60 of the laws of 2018, are amended to read
    11  as follows:
    12    6. Notice. (a) Where an order requiring surrender, revocation, suspen-
    13  sion, seizure or ineligibility has been issued pursuant to this section,
    14  any temporary order of protection or order of  protection  issued  shall
    15  state  that  such  firearm license has been suspended or revoked or that
    16  the defendant is ineligible for such license, as the case  may  be,  and
    17  that  the  defendant is prohibited from possessing any firearm, rifle or
    18  shotgun.
    19    (b) The court revoking or suspending the license, ordering the defend-
    20  ant ineligible for such a license, or ordering the surrender or  seizure
    21  of  any  firearm,  rifle  or  shotgun  shall immediately notify the duly
    22  constituted police authorities of the locality  concerning  such  action
    23  and,  in  the  case  of  orders  of  protection  and temporary orders of
    24  protection issued pursuant to section  530.12  of  this  article,  shall
    25  immediately notify the statewide registry of orders of protection.
    26    (c)  The  court  revoking  or  suspending  the license or ordering the
    27  defendant ineligible for such a license shall give written notice there-
    28  of without unnecessary delay to the division  of  state  police  at  its
    29  office in the city of Albany.
    30    (d)  Where  an  order  of  revocation, suspension, ineligibility [or],
    31  surrender or seizure is modified or vacated, the court shall immediately
    32  notify the statewide registry of  orders  of  protection  and  the  duly
    33  constituted  police  authorities  of the locality concerning such action
    34  and shall give written notice thereof without unnecessary delay  to  the
    35  division of state police at its office in the city of Albany.
    36    7. Hearing. The defendant shall have the right to a hearing before the
    37  court  regarding any revocation, suspension, ineligibility [or], surren-
    38  der or seizure order issued pursuant  to  this  section,  provided  that
    39  nothing  in  this  subdivision shall preclude the court from issuing any
    40  such order prior to a hearing. Where the court has issued such an  order
    41  prior  to a hearing, it shall commence such hearing within fourteen days
    42  of the date such order was issued.
    43    § 8. The section heading and paragraphs (a) and (b) of  subdivision  1
    44  of  section  842-a  of the family court act, as amended by chapter 60 of
    45  the laws of 2018, are amended and a new paragraph (c) is added to subdi-
    46  vision 1 to read as follows:
    47    Suspension and revocation of a license to carry,  possess,  repair  or
    48  dispose of a firearm or firearms pursuant to section 400.00 of the penal
    49  law  and  ineligibility for such a license; order to surrender firearms;
    50  order to seize firearms.
    51    (a) the court shall suspend any such existing license possessed by the
    52  respondent, order the respondent ineligible  for  such  a  license,  and
    53  order  the immediate surrender pursuant to subparagraph (f) of paragraph
    54  one of subdivision a of section 265.20 and subdivision  six  of  section
    55  400.05  of  the  penal  law, of any or all firearms, rifles and shotguns
    56  owned or possessed where the court receives information that  gives  the

        S. 7505--B                         21                         A. 9505--B
 
     1  court  good  cause  to  believe  that:  (i)  the  respondent has a prior
     2  conviction of any violent felony offense as defined in section 70.02  of
     3  the  penal  law;  (ii)  the respondent has previously been found to have
     4  willfully  failed  to  obey a prior order of protection and such willful
     5  failure involved (A) the infliction of physical injury,  as  defined  in
     6  subdivision  nine  of  section  10.00  of  the penal law, (B) the use or
     7  threatened use of a deadly weapon or dangerous instrument as those terms
     8  are defined in subdivisions twelve and thirteen of section 10.00 of  the
     9  penal  law,  or  (C) behavior constituting any violent felony offense as
    10  defined in section 70.02 of the penal law; or (iii) the respondent has a
    11  prior conviction for stalking in the first degree as defined in  section
    12  120.60  of  the  penal  law, stalking in the second degree as defined in
    13  section 120.55 of the penal law, stalking in the third degree as defined
    14  in section 120.50 of the penal law or stalking in the fourth  degree  as
    15  defined in section 120.45 of such law; [and]
    16    (b)  the court shall where the court finds a substantial risk that the
    17  respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
    18  fully against the person or persons for whose protection  the  temporary
    19  order  of  protection  is  issued,  suspend  any  such  existing license
    20  possessed by the respondent, order the respondent ineligible for such  a
    21  license,  and order the immediate surrender pursuant to subparagraph (f)
    22  of paragraph one of subdivision a of section 265.20 and subdivision  six
    23  of  section  400.05 of the penal law, of any or all firearms, rifles and
    24  shotguns owned or possessed[.]; and
    25    (c) the court may where the defendant willfully refuses  to  surrender
    26  such  firearm,  rifle  or  shotgun pursuant to paragraphs (a) and (b) of
    27  this subdivision, or for other good cause  shown,  order  the  immediate
    28  seizure of such firearm, rifle or shotgun, and search therefor, pursuant
    29  to  an order issued in accordance with article six hundred ninety of the
    30  criminal procedure law, consistent with such rights as the defendant may
    31  derive from this article or the constitution of this state or the United
    32  States.
    33    § 9. Paragraphs (a) and (b) of subdivision 2 of section 842-a  of  the
    34  family  court  act,  as  amended  by chapter 60 of the laws of 2018, are
    35  amended and a new paragraph (c) is added to read as follows:
    36    (a) the court shall revoke any such existing license possessed by  the
    37  respondent,  order  the  respondent  ineligible  for such a license, and
    38  order the immediate surrender pursuant to subparagraph (f) of  paragraph
    39  one  of  subdivision  a of section 265.20 and subdivision six of section
    40  400.05 of the penal law, of any or all  firearms,  rifles  and  shotguns
    41  owned or possessed where the court finds that the conduct which resulted
    42  in  the  issuance of the order of protection involved (i) the infliction
    43  of physical injury, as defined in subdivision nine of section  10.00  of
    44  the  penal  law,  (ii)  the  use or threatened use of a deadly weapon or
    45  dangerous instrument as those terms are defined in  subdivisions  twelve
    46  and  thirteen  of  section  10.00  of  the  penal law, or (iii) behavior
    47  constituting any violent felony offense as defined in section  70.02  of
    48  the penal law; [and]
    49    (b) the court shall, where the court finds a substantial risk that the
    50  respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
    51  fully  against  the  person or persons for whose protection the order of
    52  protection is issued, (i) revoke any such existing license possessed  by
    53  the  respondent,  order the respondent ineligible for such a license and
    54  order the immediate surrender pursuant to subparagraph (f) of  paragraph
    55  one  of  subdivision  a of section 265.20 and subdivision six of section
    56  400.05 of the penal law, of any or all  firearms,  rifles  and  shotguns

        S. 7505--B                         22                         A. 9505--B
 
     1  owned  or  possessed  or  (ii)  suspend  or continue to suspend any such
     2  existing license possessed by the respondent, order the respondent inel-
     3  igible for such a license, and order the immediate surrender pursuant to
     4  subparagraph (f) of paragraph one of subdivision a of section 265.20 and
     5  subdivision  six  of  section  400.05  of  the  penal law, of any or all
     6  firearms, rifles and shotguns owned or possessed[.]; and
     7    (c) the court may where the defendant willfully refuses  to  surrender
     8  such  firearm,  rifle  or  shotgun pursuant to paragraphs (a) and (b) of
     9  this subdivision, or for other good cause  shown,  order  the  immediate
    10  seizure of such firearm, rifle or shotgun, and search therefor, pursuant
    11  to  an order issued in accordance with article six hundred ninety of the
    12  criminal procedure law, consistent with such rights as the defendant may
    13  derive from this article or the constitution of this state or the United
    14  States.
    15    § 10. Paragraphs (a) and (b) of subdivision 3 of section 842-a of  the
    16  family  court  act,  as  amended  by chapter 60 of the laws of 2018, are
    17  amended and a new paragraph (c) is added to read as follows:
    18    (a) the court shall revoke any such existing license possessed by  the
    19  respondent,  order  the  respondent  ineligible  for such a license, and
    20  order the immediate surrender pursuant to subparagraph (f) of  paragraph
    21  one  of  subdivision  a of section 265.20 and subdivision six of section
    22  400.05 of the penal law, of any or all  firearms,  rifles  and  shotguns
    23  owned or possessed where the willful failure to obey such order involves
    24  (i) the infliction of physical injury, as defined in subdivision nine of
    25  section  10.00  of  the  penal  law, (ii) the use or threatened use of a
    26  deadly weapon or dangerous instrument as  those  terms  are  defined  in
    27  subdivisions  twelve  and thirteen of section 10.00 of the penal law, or
    28  (iii) behavior constituting any violent felony  offense  as  defined  in
    29  section  70.02  of the penal law; or (iv) behavior constituting stalking
    30  in the first degree as defined in  section  120.60  of  the  penal  law,
    31  stalking  in the second degree as defined in section 120.55 of the penal
    32  law, stalking in the third degree as defined in section  120.50  of  the
    33  penal  law or stalking in the fourth degree as defined in section 120.45
    34  of such law; [and]
    35    (b) the court shall where the court finds a substantial risk that  the
    36  respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
    37  fully  against  the  person or persons for whose protection the order of
    38  protection was issued, (i) revoke any such existing license possessed by
    39  the respondent, order the respondent  ineligible  for  such  a  license,
    40  whether  or  not  the respondent possesses such a license, and order the
    41  immediate surrender pursuant to subparagraph (f)  of  paragraph  one  of
    42  subdivision a of section 265.20 and subdivision six of section 400.05 of
    43  the  penal  law,  of  any  or all firearms, rifles and shotguns owned or
    44  possessed or (ii) suspend any such existing  license  possessed  by  the
    45  respondent,  order  the  respondent  ineligible  for such a license, and
    46  order the immediate surrender of any or all firearms, rifles  and  shot-
    47  guns owned or possessed[.]; and
    48    (c)  the  court may where the defendant willfully refuses to surrender
    49  such firearm, rifle or shotgun pursuant to paragraphs  (a)  and  (b)  of
    50  this  subdivision,  or  for  other good cause shown, order the immediate
    51  seizure of such firearm, rifle or shotgun, and search therefor, pursuant
    52  to an order issued in accordance with article six hundred ninety of  the
    53  criminal procedure law, consistent with such rights as the defendant may
    54  derive from this article or the constitution of this state or the United
    55  States.

        S. 7505--B                         23                         A. 9505--B
 
     1    §  11.  Subdivisions 6 and 7 of section 842-a of the family court act,
     2  as amended by chapter 60 of the laws of 2018, are  amended  to  read  as
     3  follows:
     4    6. Notice. (a) Where an order requiring surrender, revocation, suspen-
     5  sion, seizure or ineligibility has been issued pursuant to this section,
     6  any  temporary  order  of protection or order of protection issued shall
     7  state that such firearm license has been suspended or  revoked  or  that
     8  the  respondent  is ineligible for such license, as the case may be, and
     9  that the defendant is prohibited from possessing any firearms, rifles or
    10  shotguns.
    11    (b) The  court  revoking  or  suspending  the  license,  ordering  the
    12  respondent  ineligible  for  such  license, or ordering the surrender or
    13  seizure of any firearm, rifles or shotguns shall immediately notify  the
    14  statewide  registry  of  orders  of  protection and the duly constituted
    15  police authorities of the locality of such action.
    16    (c) The court revoking or  suspending  the  license  or  ordering  the
    17  defendant  ineligible for such license shall give written notice thereof
    18  without unnecessary delay to the division of state police at its  office
    19  in the city of Albany.
    20    (d)  Where  an  order  of  revocation, suspension, ineligibility, [or]
    21  surrender, or seizure is modified or vacated, the court shall immediate-
    22  ly notify the statewide registry of orders of protection  and  the  duly
    23  constituted  police  authorities  of the locality concerning such action
    24  and shall give written notice thereof without unnecessary delay  to  the
    25  division of state police at its office in the city of Albany.
    26    7.  Hearing.  The  respondent shall have the right to a hearing before
    27  the court regarding  any  revocation,  suspension,  ineligibility  [or],
    28  surrender  or  seizure  order  issued pursuant to this section, provided
    29  that nothing in this subdivision shall preclude the court  from  issuing
    30  any  such  order  prior to a hearing. Where the court has issued such an
    31  order prior to a hearing, it shall commence such hearing within fourteen
    32  days of the date such order was issued.
    33    § 12. This act shall  take  effect  on  the  first  of  November  next
    34  succeeding the date on which it shall have become a law.
 
    35                                   PART N
 
    36    Section 1. Subdivision 17 of section 265.00 of the penal law, as added
    37  by chapter 1041 of the laws of 1974, paragraph (a) as amended by chapter
    38  264 of the laws of 2003, paragraph (b) as separately amended by sections
    39  2  and  3 of chapter 232 of the laws of 2010, and paragraph (c) as added
    40  by chapter 60 of the laws of 2018, is amended to read as follows:
    41    17. "Serious offense" means (a) [any of the following offenses defined
    42  in the former penal law as in force  and  effect  immediately  prior  to
    43  September first, nineteen hundred sixty-seven: illegally using, carrying
    44  or  possessing  a pistol or other dangerous weapon; making or possessing
    45  burglar's instruments; buying or  receiving  stolen  property;  unlawful
    46  entry  of a building; aiding escape from prison; that kind of disorderly
    47  conduct defined in subdivisions six and eight of section  seven  hundred
    48  twenty-two of such former penal law; violations of sections four hundred
    49  eighty-three,  four  hundred  eighty-three-b, four hundred eighty-four-h
    50  and article one hundred six of such former penal law; that kind of crim-
    51  inal sexual act or rape which was designated as a misdemeanor; violation
    52  of section seventeen hundred forty-seven-d and seventeen hundred  forty-
    53  seven-e  of  such  former  penal  law; any violation of any provision of
    54  article thirty-three of the public health law relating to narcotic drugs

        S. 7505--B                         24                         A. 9505--B

     1  which was defined as a misdemeanor by section seventeen  hundred  fifty-
     2  one-a  of  such  former penal law, and any violation of any provision of
     3  article thirty-three-A of the public health law relating  to  depressant
     4  and stimulant drugs which was defined as a misdemeanor by section seven-
     5  teen hundred forty-seven-b of such former penal law.
     6    (b)]  any  of  the following offenses defined in the current penal law
     7  and any offense in  any  jurisdiction  or  the  former  penal  law  that
     8  includes all of the essential elements of any of the following offenses:
     9  illegally  using,  carrying  or  possessing  a pistol or other dangerous
    10  weapon; possession of burglar's tools;  criminal  possession  of  stolen
    11  property  in  the  third  degree;  escape in the third degree; jostling;
    12  fraudulent accosting; endangering the welfare of a child; [the  offenses
    13  defined  in  article  two  hundred  thirty-five;] obscenity in the third
    14  degree; issuing abortional articles; permitting prostitution;  promoting
    15  prostitution  in the third degree; stalking in the fourth degree; stalk-
    16  ing in the third degree; [the offenses defined in  article  one  hundred
    17  thirty;  the  offenses  defined  in  article  two hundred twenty] sexual
    18  misconduct; forcible touching; sexual abuse in the third degree;  sexual
    19  abuse  in  the  second  degree;  criminal  possession  of  a  controlled
    20  substance in the seventh  degree;  criminally  possessing  a  hypodermic
    21  instrument;  criminally  using  drug paraphernalia in the second degree;
    22  criminal possession of methamphetamine  manufacturing  material  in  the
    23  second  degree; and a hate crime defined in article four hundred eighty-
    24  five of this chapter.
    25    [(b) any of the following offenses defined in the penal law: illegally
    26  using, carrying or  possessing  a  pistol  or  other  dangerous  weapon;
    27  possession of burglar's tools; criminal possession of stolen property in
    28  the  third  degree;  escape  in  the  third degree; jostling; fraudulent
    29  accosting; endangering the welfare of a child; the offenses  defined  in
    30  article two hundred thirty-five; issuing abortional articles; permitting
    31  prostitution;  promoting  prostitution  in the third degree; stalking in
    32  the third degree; stalking in the fourth degree; the offenses defined in
    33  article one hundred thirty; the offenses defined in article two  hundred
    34  twenty.
    35    (c)]  (b)  any  of the following offenses defined in the current penal
    36  law and any offense in any jurisdiction or in the former penal law  that
    37  includes all of the essential elements of any of the following offenses,
    38  where  the defendant and the person against whom the offense was commit-
    39  ted were members of the same family or household as defined in  subdivi-
    40  sion  one  of section 530.11 of the criminal procedure law and as estab-
    41  lished pursuant to section 370.15 of the criminal procedure law: assault
    42  in the third degree; menacing in  the  third  degree;  menacing  in  the
    43  second  degree;  criminal obstruction of breathing or blood circulation;
    44  unlawful imprisonment in  the  second  degree;  coercion  in  the  third
    45  degree; criminal tampering in the third degree; criminal contempt in the
    46  second  degree; harassment in the first degree; aggravated harassment in
    47  the second degree; criminal trespass in the third degree; criminal tres-
    48  pass in the second degree; arson in the  fifth  degree;  or  attempt  to
    49  commit any of the above-listed offenses.
    50    (c) any misdemeanor offense in any jurisdiction or in the former penal
    51  law  that  includes all of the essential elements of a felony offense as
    52  defined in the current penal law.
    53    § 2. Section 400.00 of the penal law is amended by adding a new subdi-
    54  vision 1-a to read as follows:
    55    1-a. For purposes of subdivision one of this section, serious  offense
    56  shall  include  an  offense  in any jurisdiction or the former penal law

        S. 7505--B                         25                         A. 9505--B
 
     1  that includes all of the essential elements  of  a  serious  offense  as
     2  defined  by  subdivision  seventeen  of  section 265.00 of this chapter.
     3  Nothing in this subdivision shall preclude the denial of a license based
     4  on  the  commission  of,  arrest  for or conviction of an offense in any
     5  other jurisdiction which does not include all of the essential  elements
     6  of a serious offense.
     7    §  3.  Section  837  of  the  executive law is amended by adding a new
     8  subdivision 22 to read as follows:
     9    22. (a) Maintain and annually update a list of offenses in states  and
    10  territories of the United States other than New York that include all of
    11  the  essential  elements  of a serious offense as defined by subdivision
    12  seventeen of section 265.00 of the penal law, to assist courts,  licens-
    13  ing  authorities  and others in determining which offenses in such other
    14  states and territories qualify as a  serious  offense  for  purposes  of
    15  article  two  hundred sixty-five of the penal law, subdivision seventeen
    16  of section 265.00 of the penal law, and  subdivision  one-a  of  section
    17  400.00  of  the  penal  law.  The  division shall append to such list of
    18  offenses a disclaimer that such list shall be for informational purposes
    19  only and is not intended to be a substitute for the advice of an  attor-
    20  ney or counselor-at-law.
    21    (b) Such updated list shall be prominently posted on the website main-
    22  tained  by  the division.  Each list shall bear the date of posting, and
    23  each posted and dated listing shall  be  separately  maintained  by  the
    24  division  as  a  record available to the public. The first list compiled
    25  under this subdivision shall be prominently posted by  the  division  no
    26  later than nine months after the effective date of this subdivision.
    27    §  4.  This act shall take effect immediately; provided, however, that
    28  sections one and two of this act shall take effect  one  year  after  it
    29  shall  have  become  a  law  and shall apply to out-of-state convictions
    30  entered in such jurisdictions on or after such date.
 
    31                                   PART O
 
    32                            Intentionally Omitted

    33                                   PART P
 
    34                            Intentionally Omitted
 
    35                                   PART Q
 
    36    Section 1. Subdivisions 1 and 2 of  section  370.15  of  the  criminal
    37  procedure  law,  as added by chapter 60 of the laws of 2018, are amended
    38  to read as follows:
    39    1. When a defendant has been charged with assault in the third degree,
    40  menacing in the third degree, menacing in the  second  degree,  criminal
    41  obstruction  of breathing or blood circulation, unlawful imprisonment in
    42  the second degree, coercion in the third degree, criminal  tampering  in
    43  the  third degree, criminal contempt in the second degree, harassment in
    44  the first degree, aggravated harassment in the second  degree,  criminal
    45  trespass  in  the  third degree, criminal trespass in the second degree,
    46  arson in the fifth degree, or attempt to commit any of the  above-listed
    47  offenses,  the  people  [may]  shall,  at  arraignment  or no later than
    48  forty-five days after arraignment, serve on the defendant and file  with
    49  the court a notice alleging that the defendant and the person alleged to

        S. 7505--B                         26                         A. 9505--B
 
     1  be the victim of such crime were members of the same family or household
     2  as defined in subdivision one of section 530.11 of this chapter.
     3    2.  Such notice shall include the name of the person alleged to be the
     4  victim of such crime  and  shall  specify  the  nature  of  the  alleged
     5  relationship  as  set forth in subdivision one of section 530.11 of this
     6  chapter. Upon conviction of such offense, the  court  shall  advise  the
     7  defendant  that he or she is entitled to a hearing solely on the allega-
     8  tion contained in the notice and, if necessary, an  adjournment  of  the
     9  sentencing  proceeding in order to prepare for such hearing, and that if
    10  such allegation is sustained, that determination and conviction will  be
    11  reported  to the division of criminal justice services.  If such allega-
    12  tion  is  sustained,  the  court  shall  report  the  determination  and
    13  conviction  to  the  division  of criminal justice services within three
    14  business days.
    15    § 2. This act shall take effect immediately.
 
    16                                   PART R
 
    17    Section 1. Short title. This act shall be known and may  be  cited  as
    18  the "Josef Neumann Hate Crimes Domestic Terrorism Act".
    19    §  2.  The  opening  paragraph  of section 485.00 of the penal law, as
    20  amended by chapter 8 of the laws of 2019, is amended to read as follows:
    21    The legislature finds and determines as follows: criminal acts involv-
    22  ing violence, intimidation and destruction of property based  upon  bias
    23  and  prejudice  have  become  more prevalent in New York state in recent
    24  years.  The intolerable truth is that  in  these  crimes,  commonly  and
    25  justly referred to as "hate crimes", victims are intentionally selected,
    26  in  whole  or  in  part,  because of their race, color, national origin,
    27  ancestry, gender, gender identity  or  expression,  religion,  religious
    28  practice,  age,  disability  or  sexual orientation. Hate crimes do more
    29  than threaten the safety and welfare of all citizens.  They  inflict  on
    30  victims  incalculable physical and emotional damage and tear at the very
    31  fabric of free society. Crimes  motivated  by  invidious  hatred  toward
    32  particular  groups  not only harm individual victims but send a powerful
    33  message of intolerance and discrimination to all members of the group to
    34  which the victim belongs. Hate crimes can and do intimidate and  disrupt
    35  entire communities and vitiate the civility that is essential to healthy
    36  democratic  processes.  In  a  democratic  society,  citizens  cannot be
    37  required to approve of the beliefs and practices  of  others,  but  must
    38  never  commit  criminal acts on account of them.  [Current law] However,
    39  these criminal acts do occur and are occurring more and more frequently.
    40  Quite often, these crimes of hate are also acts of  terror.  The  recent
    41  attacks  in Monsey, New York as well as the shootings in El Paso, Texas;
    42  Pittsburgh, Pennsylvania; Sutherland Springs, Texas;  Orlando,  Florida;
    43  and  Charleston,  South Carolina illustrate that mass killings are often
    44  apolitical, motivated by the hatred of a specific group coupled  with  a
    45  desire  to inflict mass casualties. The current law emphasizes the poli-
    46  tical motivation of an act over its catastrophic  effect  and  does  not
    47  adequately recognize the harm to public order and individual safety that
    48  hate  crimes  cause. Therefore, our laws must be strengthened to provide
    49  clear recognition of the gravity  of  hate  crimes  and  the  compelling
    50  importance of preventing their recurrence.
    51    §  3.  Subdivision 3 of section 485.05 of the penal law, as amended by
    52  section 9 of part NN of chapter 55 of the laws of 2018,  is  amended  to
    53  read as follows:

        S. 7505--B                         27                         A. 9505--B
 
     1    3. A "specified offense" is an offense defined by any of the following
     2  provisions  of  this  chapter:  section  120.00  (assault  in  the third
     3  degree); section 120.05 (assault in the second degree);  section  120.10
     4  (assault in the first degree); section 120.12 (aggravated assault upon a
     5  person  less  than  eleven  years  old); section 120.13 (menacing in the
     6  first degree); section 120.14 (menacing in the second  degree);  section
     7  120.15  (menacing  in the third degree); section 120.20 (reckless endan-
     8  germent in the second degree); section 120.25 (reckless endangerment  in
     9  the  first degree); section 121.12 (strangulation in the second degree);
    10  section 121.13 (strangulation in the first degree); subdivision  one  of
    11  section 125.15 (manslaughter in the second degree); subdivision one, two
    12  or  four  of  section 125.20 (manslaughter in the first degree); section
    13  125.25 (murder in the second degree); section 120.45  (stalking  in  the
    14  fourth  degree);  section 120.50 (stalking in the third degree); section
    15  120.55 (stalking in the second degree); section 120.60 (stalking in  the
    16  first  degree);  subdivision  one  of  section 130.35 (rape in the first
    17  degree); subdivision one of section 130.50 (criminal sexual act  in  the
    18  first  degree);  subdivision  one of section 130.65 (sexual abuse in the
    19  first degree); paragraph  (a)  of  subdivision  one  of  section  130.67
    20  (aggravated  sexual abuse in the second degree); paragraph (a) of subdi-
    21  vision one of section 130.70  (aggravated  sexual  abuse  in  the  first
    22  degree);  section  135.05  (unlawful imprisonment in the second degree);
    23  section 135.10 (unlawful imprisonment  in  the  first  degree);  section
    24  135.20  (kidnapping in the second degree); section 135.25 (kidnapping in
    25  the first degree);  section  135.60  (coercion  in  the  third  degree);
    26  section 135.61 (coercion in the second degree); section 135.65 (coercion
    27  in  the  first  degree);  section 140.10 (criminal trespass in the third
    28  degree); section  140.15  (criminal  trespass  in  the  second  degree);
    29  section  140.17  (criminal trespass in the first degree); section 140.20
    30  (burglary in the third degree); section 140.25 (burglary in  the  second
    31  degree);  section  140.30 (burglary in the first degree); section 145.00
    32  (criminal mischief in  the  fourth  degree);  section  145.05  (criminal
    33  mischief  in the third degree); section 145.10 (criminal mischief in the
    34  second degree); section 145.12 (criminal mischief in the first  degree);
    35  section  150.05  (arson  in the fourth degree); section 150.10 (arson in
    36  the third degree); section 150.15 (arson in the second degree);  section
    37  150.20  (arson  in  the  first  degree); section 155.25 (petit larceny);
    38  section 155.30 (grand larceny in  the  fourth  degree);  section  155.35
    39  (grand  larceny  in  the third degree); section 155.40 (grand larceny in
    40  the second degree); section 155.42 (grand larceny in the first  degree);
    41  section 160.05 (robbery in the third degree); section 160.10 (robbery in
    42  the  second  degree);  section  160.15  (robbery  in  the first degree);
    43  section 240.25 (harassment in the first degree); subdivision one, two or
    44  four of section 240.30 (aggravated harassment  in  the  second  degree);
    45  section  490.10 (soliciting or providing support for an act of terrorism
    46  in the second degree); section 490.15 (soliciting or  providing  support
    47  for  an  act of terrorism in the first degree); section 490.20 (making a
    48  terroristic threat); section 490.25 (crime of terrorism); section 490.30
    49  (hindering prosecution of  terrorism  in  the  second  degree);  section
    50  490.35 (hindering prosecution of terrorism in the first degree); section
    51  490.37 (criminal possession of a chemical weapon or biological weapon in
    52  the  third  degree);  section  490.40 (criminal possession of a chemical
    53  weapon or biological weapon in the second degree); section 490.45 (crim-
    54  inal possession of a chemical weapon or biological weapon in  the  first
    55  degree); section 490.47 (criminal use of a chemical weapon or biological
    56  weapon  in the third degree); section 490.50 (criminal use of a chemical

        S. 7505--B                         28                         A. 9505--B
 
     1  weapon or biological weapon in the second degree); section 490.55 (crim-
     2  inal use of a chemical weapon or biological weapon in the first degree);
     3  or any attempt or conspiracy to commit any of the foregoing offenses.
     4    §  4.  The  penal law is amended by adding two new sections 490.27 and
     5  490.28 to read as follows:
     6  § 490.27 Domestic act of terrorism  motivated  by  hate  in  the  second
     7             degree.
     8    A person is guilty of the crime of domestic act of terrorism motivated
     9  by  hate  in the second degree when, acting with the intent to cause the
    10  death of, or serious physical injury to, five or more other persons,  in
    11  whole  or  in  substantial  part  because  of the perceived race, color,
    12  national origin, ancestry, gender, gender identity or expression,  reli-
    13  gion, religious practice, age, disability, or sexual orientation of such
    14  other  persons,  regardless  of  whether  that  belief  or perception is
    15  correct, he or she, as part of the same criminal  transaction,  attempts
    16  to  cause the death of, or serious physical injury to, such five or more
    17  persons, provided that the victims are not participants in the  criminal
    18  transaction.
    19    Domestic  act of terrorism motivated by hate in the second degree is a
    20  class A-I felony.
    21  § 490.28 Domestic act of  terrorism  motivated  by  hate  in  the  first
    22             degree.
    23    A person is guilty of the crime of domestic act of terrorism motivated
    24  by  hate  in  the first degree when, acting with the intent to cause the
    25  death of, or serious physical injury to, five or more other persons,  in
    26  whole  or  in  substantial  part  because  of the perceived race, color,
    27  national origin, ancestry, gender, gender identity or expression,  reli-
    28  gion, religious practice, age, disability, or sexual orientation of such
    29  other person or persons, regardless of whether that belief or perception
    30  is correct, he or she, as part of the same criminal transaction:
    31    1.  causes  the  death of at least one other person, provided that the
    32  victim or victims are not a participant in the criminal transaction; and
    33    2. causes or attempts to cause the death of four  or  more  additional
    34  other  persons,  provided  that the victims are not a participant in the
    35  criminal transaction; and
    36    3. the defendant was more than eighteen years old at the time  of  the
    37  commission of the crime.
    38    Domestic  act  of terrorism motivated by hate in the first degree is a
    39  class A-I felony.
    40    Notwithstanding any other provision of law, when a person is convicted
    41  of domestic act of terrorism motivated by hate in the first degree,  the
    42  sentence shall be life imprisonment without parole.
    43    §  5. Paragraph (q) of subdivision 8 of section 700.05 of the criminal
    44  procedure law, as amended by section 3 of part A of  chapter  1  of  the
    45  laws of 2004, is amended to read as follows:
    46    (q)  Soliciting  or  providing  support for an act of terrorism in the
    47  second degree as defined in section 490.10 of the penal law,  soliciting
    48  or  providing  support  for  an  act of terrorism in the first degree as
    49  defined in section 490.15 of the penal law, making a terroristic  threat
    50  as  defined  in  section  490.20 of the penal law, crime of terrorism as
    51  defined in section 490.25 of the penal law, domestic  act  of  terrorism
    52  motivated  by  hate in the second degree as defined in section 490.27 of
    53  the penal law, domestic act of terrorism motivated by hate in the  first
    54  degree  as  defined in section 490.28 of the penal law, hindering prose-
    55  cution of terrorism in the second degree as defined in section 490.30 of
    56  the penal law, hindering prosecution of terrorism in the first degree as

        S. 7505--B                         29                         A. 9505--B
 
     1  defined in section 490.35 of the penal law,  criminal  possession  of  a
     2  chemical  weapon  or biological weapon in the third degree as defined in
     3  section 490.37 of the penal law, criminal possession of a chemical weap-
     4  on  or  biological  weapon  in  the  second degree as defined in section
     5  490.40 of the penal law, criminal possession of  a  chemical  weapon  or
     6  biological  weapon  in  the first degree as defined in section 490.45 of
     7  the penal law, criminal use of a chemical weapon or biological weapon in
     8  the third degree as defined in section 490.47 of the penal law, criminal
     9  use of a chemical weapon or biological weapon in the  second  degree  as
    10  defined in section 490.50 of the penal law, and criminal use of a chemi-
    11  cal  weapon  or  biological  weapon  in  the  first degree as defined in
    12  section 490.55 of the penal law.
    13    § 6. Domestic terrorism task force. (a) There is  hereby  created  the
    14  domestic  terrorism task force to examine, evaluate and determine how to
    15  prevent mass  shootings  by  domestic  terrorists,  consisting  of  nine
    16  members,  each to serve until two years after the effective date of this
    17  act.
    18    (b) (1) Such members shall be appointed as follows: one  member  shall
    19  be  the  commissioner  of the division of criminal justice services; one
    20  member shall be the superintendent of state police; three members  shall
    21  be  appointed  by  the  governor;  one  member shall be appointed by the
    22  temporary president of the senate; one member shall be appointed by  the
    23  minority  leader  of  the  senate;  one member shall be appointed by the
    24  speaker of the assembly; and one member shall be appointed by the minor-
    25  ity leader of the assembly. Appointments shall be made within sixty days
    26  of the effective date of this act. Vacancies in the task force shall  be
    27  filled in the same manner provided for original appointments.
    28    (2)  All  appointees  shall  have  expertise  in fields or disciplines
    29  related to criminal justice or violence prevention.
    30    (3) The task force shall be chaired by the commissioner of  the  divi-
    31  sion  of  criminal  justice services. The task force shall elect a vice-
    32  chair by majority vote and  other  necessary  officers  from  among  all
    33  appointed members.
    34    (4)  The  task  force shall meet at least quarterly at the call of the
    35  chair. Meetings may be held via teleconference. Special meetings may  be
    36  called  by  the chair at the request of a majority of the members of the
    37  task force.
    38    (5) Members of the task force shall receive no compensation for  their
    39  services  but  shall be reimbursed for their actual expenses incurred in
    40  the performance of their duties in the work of the task force.
    41    (c) The task force shall:
    42    (1) study mass shooting incidents;
    43    (2) recommend  practices  to  identify  potential  mass  shooters  and
    44  prevent mass shooting incidents; and
    45    (3) recommend practices to provide for the security of locations like-
    46  ly to be targeted by a mass shooter.
    47    (d)  The  task  force  may  establish  advisory committees as it deems
    48  appropriate on matters relating to the task  force's  functions,  powers
    49  and duties. Such committees shall be chaired by a task force member, but
    50  may  be  composed  of  task  force  members as well as other individuals
    51  selected by the task force to provide expertise of interest specific  to
    52  the charge of such committees.
    53    (e) The task force may, as it deems appropriate, request that studies,
    54  surveys  and  analyses relating to the task force's powers and duties be
    55  performed by any state department, commission, agency or public authori-
    56  ty. All state departments, commissions, agencies or  public  authorities

        S. 7505--B                         30                         A. 9505--B
 
     1  shall  provide  information  and advice in a timely manner and otherwise
     2  assist the task force with its work; provided however,  any  information
     3  or  records  otherwise  confidential  and  privileged in accordance with
     4  state  or  federal  law  that are provided to the task force pursuant to
     5  this subdivision shall remain confidential as provided by such state  or
     6  federal law.
     7    (f)  The task force shall provide a preliminary report to the governor
     8  and the legislature of its findings,  conclusions,  recommendations  and
     9  activities already undertaken by the task force, not later than thirteen
    10  months  after  the effective date of this act, and a final report of its
    11  findings, conclusions, recommendations and activities already undertaken
    12  by the task force, not later than twenty-two months after the  effective
    13  date of this act and shall submit with its reports legislative proposals
    14  as it deems necessary to implement its recommendations.
    15    § 7. This act shall take effect on the first of November next succeed-
    16  ing the date on which it shall have become a law.
 
    17                                   PART S
 
    18                            Intentionally Omitted
 
    19                                   PART T
 
    20                            Intentionally Omitted
 
    21                                   PART U
 
    22                            Intentionally Omitted
 
    23                                   PART V
 
    24                            Intentionally Omitted

    25                                   PART W
 
    26    Section  1.  Paragraph  (h)  of  subdivision 1 of section 209-a of the
    27  civil service law, as amended by section 1 of part E of  chapter  55  of
    28  the laws of 2019, is amended to read as follows:
    29    (h)  to  disclose home addresses, personal telephone numbers, personal
    30  cell phone numbers, personal e-mail addresses of a public  employee,  as
    31  the  term  "public  employee" is defined in subdivision seven of section
    32  two hundred one of this article, except (i) where required  pursuant  to
    33  the provisions of this article, [and] (ii) to the extent compelled to do
    34  so  by  lawful  service  of  process, subpoena, court order, or (iii) in
    35  accordance with subdivision four of section two hundred  eight  of  this
    36  article,  or  as  otherwise  required  by  law. This paragraph shall not
    37  prohibit other provisions of law regarding work-related, publicly avail-
    38  able information such as title, salary, and dates of employment.
    39    § 2. Paragraph (b) of subdivision  4  of  section  208  of  the  civil
    40  service law, as added by section 1 of part RRR of chapter 59 of the laws
    41  of 2018, is amended and a new paragraph (c) is added to read as follows:
    42    (b)  Within thirty days of providing the notice in paragraph a of this
    43  subdivision, a public employer shall allow a  duly  appointed  represen-
    44  tative of the employee organization that represents that bargaining unit
    45  to meet with such employee for a reasonable amount of time during his or
    46  her  work  time without charge to leave credits, unless otherwise speci-

        S. 7505--B                         31                         A. 9505--B

     1  fied within an agreement bargained collectively under  article  fourteen
     2  of  the  civil  service law, provided however that arrangements for such
     3  meeting must be scheduled in consultation with  a  designated  represen-
     4  tative of the public employer[.]; and
     5    (c)  Upon  the request of the certified and recognized employee organ-
     6  ization, and if the public employer conducts new employee  orientations,
     7  the  public  employer  shall provide the employee organization mandatory
     8  access to such new  employee  orientations.  The  employee  organization
     9  shall  receive  not  less  than ten days' notice in advance of an orien-
    10  tation, except that a shorter notice  may  be  provided  in  a  specific
    11  instance  where there is an urgent need critical to the employer's oper-
    12  ations that was not reasonably foreseeable to provide such  notice.  The
    13  structure,  time, and manner of exclusive representative access shall be
    14  determined through mutual agreement between the employer and the employ-
    15  ee organization.
    16    § 3. Section 215 of the civil service law, as added by  section  1  of
    17  part  DD  of  chapter  56  of  the  laws  of 2019, is amended to read as
    18  follows:
    19    § 215. [Agency] Dues or agency shop fee deductions. 1. Notwithstanding
    20  any other law to the contrary, any public employer, any employee  organ-
    21  ization,  the  comptroller  and  the board, or any of their employees or
    22  agents, shall not be liable for, and shall have a complete  defense  to,
    23  any  claims  or  actions  under  the  laws  of this state for requiring,
    24  deducting, receiving, or retaining dues or agency  shop  fee  deductions
    25  from  public employees, and current or former public employees shall not
    26  have standing to pursue these claims or actions, if  the  dues  or  fees
    27  were permitted or mandated at the time under the laws of this state then
    28  in force and paid, through payroll deduction or otherwise, prior to June
    29  twenty-seventh, two thousand eighteen.
    30    2.  This section shall apply to claims and actions pending or filed on
    31  or after June twenty-seventh, two thousand eighteen.
    32    3. The enactment of this section shall not be  interpreted  to  create
    33  the  inference  that  any  relief made unavailable by this section would
    34  otherwise be available.
    35    § 4. This act shall take effect immediately.
 
    36                                   PART X
 
    37                            Intentionally Omitted

    38                                   PART Y
 
    39    Section 1. Subdivision 10 of section 160 of the state finance law,  as
    40  added by chapter 83 of the laws of 1995, is amended to read as follows:
    41    10.  "Technology"  means  either  a good or a service or a combination
    42  thereof, [that results in a technical method of  achieving  a  practical
    43  purpose  or  in improvements in productivity] used in the application of
    44  any computer or electronic information or interconnected system that  is
    45  used  in  the  acquisition, storage, manipulation, management, movement,
    46  control, display, switching, interchange, transmission, or reception  of
    47  data  or voice including, but not limited to, hardware, software, infor-
    48  mation appliances, firmware, programs,  systems,  networks,  infrastruc-
    49  ture,  media,  and  related material used to automatically and electron-
    50  ically collect,  receive,  access,  transmit,  display,  store,  record,
    51  retrieve,  analyze,  evaluate,  process,  classify,  manipulate, manage,
    52  assimilate, control, communicate, exchange,  convert,  coverage,  inter-

        S. 7505--B                         32                         A. 9505--B
 
     1  face, switch, or disseminate data of any kind or form, and shall include
     2  all  associated  consulting,  management,  facilities,  maintenance  and
     3  training. Goods may be either new or used.
     4    §  2.  Subdivision  5  of  section 101 of the state technology law, as
     5  added by chapter 430 of the laws of 1997 and as  renumbered  by  chapter
     6  437 of the laws of 2004, is amended to read as follows:
     7    5.  "Technology"  means  [a  good,  service,  or good and service that
     8  results in a digital, electronic or similar technical method of  achiev-
     9  ing  a  practical  purpose or in improvements in productivity, including
    10  but not limited to information management, equipment, software,  operat-
    11  ing  systems,  interface  systems,  interconnected systems, telecommuni-
    12  cations, data management, networks, and network management,  consulting,
    13  supplies,  facilities,  maintenance  and  training]  either  a good or a
    14  service or a combination thereof, used in the application of any comput-
    15  er or electronic information or interconnected system that  is  used  in
    16  the  acquisition,  storage, manipulation, management, movement, control,
    17  display, switching, interchange, transmission, or reception of  data  or
    18  voice  including,  but  not  limited to, hardware, software, information
    19  appliances,  firmware,  programs,  systems,  networks,   infrastructure,
    20  media,  and  related  material  used to automatically and electronically
    21  collect, receive, access, transmit, display,  store,  record,  retrieve,
    22  analyze,  evaluate,  process,  classify, manipulate, manage, assimilate,
    23  control, communicate, exchange, convert, coverage, interface, switch, or
    24  disseminate data of any kind or form, and shall include  all  associated
    25  consulting,  management,  facilities, maintenance, support and training.
    26  Goods may be either new or used.
    27    § 3. This act shall take effect immediately.

    28                                   PART Z
 
    29    Section 1. Section 1 of part S of chapter 56  of  the  laws  of  2010,
    30  relating  to  establishing  a  joint  appointing authority for the state
    31  financial system project, is amended to read as follows:
    32    Section 1. The division of the budget and office of  the  state  comp-
    33  troller  may  dedicate such officers and employees as may be needed to a
    34  joint project, which shall be known as the [state]  statewide  financial
    35  system  project,  and  which  shall  be responsible for the development,
    36  implementation and maintenance of a single, statewide financial  manage-
    37  ment system for use by the office of the state comptroller and all agen-
    38  cies. The division of the budget and the office of the state comptroller
    39  shall  serve  jointly  as the appointing authority for all titles within
    40  the project, and shall jointly  appoint  a  project  [manager]  director
    41  therefor.  For  purposes  of  appointment  and promotion under the civil
    42  service law, the [state] statewide financial  system  project  shall  be
    43  treated as if it were a single department.  For the purposes of procure-
    44  ment  and  contracting  pursuant to the state finance law, the statewide
    45  financial system project  shall  be  treated  as  a  single  department,
    46  provided that all procurements and contracts issued and agreed to by the
    47  statewide  financial  system project shall be subject to the approval of
    48  the division of the budget and the office of the state comptroller.
    49    § 2. This act shall take effect immediately.
 
    50                                   PART AA

    51    Section 1. Subdivision 4 of section 27 of chapter 95 of  the  laws  of
    52  2000  amending  the  state  finance  law, the general municipal law, the

        S. 7505--B                         33                         A. 9505--B
 
     1  public buildings law and other laws relating to bonds, notes and  reven-
     2  ues, as amended by chapter 33 of the laws of 2015, is amended to read as
     3  follows:
     4    4.  Section  seventeen of this act shall take effect July 1, 2000, and
     5  shall expire on June 30, [2020] 2030; provided, however, that any  lease
     6  entered  into  for  a  term  greater than ten years during the effective
     7  period of this section shall continue in  full  force  and  effect,  and
     8  provided  that  upon  the expiration of such section the commissioner of
     9  general services shall continue to be empowered  to  enter  into  leases
    10  having terms not exceeding ten years.
    11    § 2. This act shall take effect immediately.
 
    12                                   PART BB
 
    13                            Intentionally Omitted
 
    14                                   PART CC
 
    15                            Intentionally Omitted
 
    16                                   PART DD
 
    17                            Intentionally Omitted
 
    18                                   PART EE
 
    19                            Intentionally Omitted
 
    20                                   PART FF
 
    21    Section  1.  Paragraphs (a) and (b) of subdivision 5 of section 106 of
    22  the alcoholic beverage control law, paragraph (a) as amended by  chapter
    23  297  of  the laws of 2016, paragraph (b) as amended by chapter 83 of the
    24  laws of 1995, are amended and a new paragraph (c) is added  to  read  as
    25  follows:
    26    (a)  Except  as  provided  in  paragraph  (c)  of this subdivision, on
    27  Sunday, from four ante meridiem to ten o'clock a.m., except pursuant  to
    28  a permit issued under section ninety-nine-h of this chapter.
    29    (b)  [On]  Except as provided in paragraph (c) of this subdivision, on
    30  any other day between four ante meridiem and eight ante meridiem.
    31    (c) On any day between three ante meridian and six ante meridian,  for
    32  a premises located within  an international airport owned or operated by
    33  the  Port  Authority of New York and New Jersey.  The provisions of this
    34  paragraph shall not be subject to change pursuant to subdivision  eleven
    35  of section seventeen of this chapter.
    36    § 2. This act shall take effect immediately.
 
    37                                   PART GG

    38                            Intentionally Omitted
 
    39                                   PART HH
 
    40                            Intentionally Omitted
 
    41                                   PART II

        S. 7505--B                         34                         A. 9505--B
 
     1                            Intentionally Omitted
 
     2                                   PART JJ
 
     3    Section  1.  Section  9-208 of the election law is amended by adding a
     4  new subdivision 4 to read as follows:
     5    4. (a) The board of elections or a bipartisan committee  appointed  by
     6  the  board  shall  conduct  a  full  manual recount of all ballots for a
     7  particular contest:
     8    i. Where the margin of victory is twenty votes or less; or
     9    ii. Where the margin of victory is 0.5% or less; or
    10    iii. In a contest where one million or more ballots have been cast and
    11  the margin of victory is less than 5,000 votes.
    12    (b) For the purposes of this section, the term margin of victory shall
    13  mean the margin between all votes cast in the entire  contest  following
    14  the recanvass of votes.
    15    (c)  Where  the contest involves portions of two or more counties, the
    16  margin of victory shall be determined by the state  board  of  elections
    17  based  on the most recent recanvass results for the contest submitted by
    18  the boards of elections of the counties involved.
    19    (d) The result of the manual recount of ballots  shall  supersede  the
    20  returns  filed by the inspectors of election of the election district in
    21  which the canvass was initially made.
    22    § 2. This act shall take effect on the first of January next  succeed-
    23  ing  the date on which it shall have become a law and shall apply to any
    24  election held 120 days or more after such effective date.
 
    25                                   PART KK
 
    26                            Intentionally Omitted
 
    27                                   PART LL
 
    28                            Intentionally Omitted
 
    29                                   PART MM
 
    30                            Intentionally Omitted
 
    31                                   PART NN
 
    32    Section 1. Paragraph 3 of subdivision (c) of section 1261 of  the  tax
    33  law,  as  amended by section 9 of part SS-1 of chapter 57 of the laws of
    34  2008, is amended to read as follows:
    35    (3) However, the taxes, penalties and interest which (i) the county of
    36  Nassau, (ii) the county of Erie, to the extent the  county  of  Erie  is
    37  contractually  or statutorily obligated to allocate and apply or pay net
    38  collections to the city of Buffalo and to the extent  that  such  county
    39  has  set  aside net collections for educational purposes attributable to
    40  the Buffalo school district, or the city of Buffalo or (iii) the  county
    41  of  Erie  is authorized to impose pursuant to section twelve hundred ten
    42  of this article, other than such taxes in the amounts described, respec-
    43  tively, in subdivisions one and two of section one thousand two  hundred
    44  sixty-two-e of this part, during the period that such section authorizes
    45  Nassau  county  to establish special or local assistance programs there-
    46  under, together with any penalties and  interest  related  thereto,  and

        S. 7505--B                         35                         A. 9505--B
 
     1  after  the  comptroller  has  reserved  such refund fund and such costs,
     2  shall, commencing on the next payment date after the effective  date  of
     3  this  sentence  and of each month thereafter, until such date as (i) the
     4  Nassau  county  interim  finance  authority  shall  have  no obligations
     5  outstanding, or (ii) the Buffalo fiscal stability authority shall  cease
     6  to  exist,  or  (iii)  the  Erie county fiscal stability authority shall
     7  cease to exist, be paid by the comptroller,  respectively,  to  (i)  the
     8  Nassau  county  interim  finance  authority  to be applied by the Nassau
     9  county interim finance authority, or (ii) to the Buffalo fiscal stabili-
    10  ty authority to be applied by the Buffalo fiscal stability authority, or
    11  (iii) to the Erie county fiscal stability authority to be applied by the
    12  Erie county fiscal stability authority, as  the  case  may  be,  in  the
    13  following order of priority: first pursuant to the Nassau county interim
    14  finance  authority's  contracts  with  bondholders or the Buffalo fiscal
    15  stability authority's contracts with  bondholders  or  the  Erie  county
    16  fiscal  stability  authority's contracts with bondholders, respectively,
    17  then to pay the Nassau  county  interim  finance  authority's  operating
    18  expenses  not  otherwise  provided  for  or the Buffalo fiscal stability
    19  authority's operating expenses not otherwise provided for  or  the  Erie
    20  county  fiscal  stability  authority's  operating expenses not otherwise
    21  provided for, respectively, then  (i)  for  the  Nassau  county  interim
    22  finance  authority  to  pay  to  the state as soon as practicable in the
    23  months of May and December each year, the amount  necessary  to  fulfill
    24  the town and village distribution requirement on behalf of Nassau county
    25  pursuant  to  paragraph  five-a  of  this  subdivision,  or (ii) for the
    26  Buffalo fiscal stability authority to pay to the state as soon as  prac-
    27  ticable  in  the months of May and December each year, the percentage of
    28  the amount necessary  to  fulfill  the  town  and  village  distribution
    29  requirement  on  behalf  of  Erie county pursuant to paragraph five-a of
    30  this subdivision that equates  to  the  percentage  of  the  county  net
    31  collections  that  the  city  of  Buffalo  and  the  Buffalo city school
    32  district, together, are due in the months of May and December each year,
    33  or (iii) for the Erie county fiscal stability authority to  pay  to  the
    34  state  as  soon  as  practicable  in the months of May and December each
    35  year, the amount necessary to fulfill the town and village  distribution
    36  requirement  on  behalf  of  Erie county pursuant to paragraph five-a of
    37  this subdivision, less the amount being paid to the state by the Buffalo
    38  fiscal stability authority in each respective month, and then (i) pursu-
    39  ant to the Nassau county interim finance authority's agreements with the
    40  county of Nassau, which  agreements  shall  require  the  Nassau  county
    41  interim finance authority to transfer such taxes, penalties and interest
    42  remaining  after  providing  for contractual or other obligations of the
    43  Nassau county interim finance authority, and subject  to  any  agreement
    44  between such authority and the county of Nassau, to the county of Nassau
    45  as  frequently  as  practicable;  or (ii) pursuant to the Buffalo fiscal
    46  stability authority's agreements with the city of Buffalo, which  agree-
    47  ments  shall  require the Buffalo fiscal stability authority to transfer
    48  such  taxes,  penalties  and  interest  remaining  after  providing  for
    49  contractual or other obligations of the Buffalo fiscal stability author-
    50  ity, and subject to any agreement between such authority and the city of
    51  Buffalo,  to the city of Buffalo or the city of Buffalo school district,
    52  as the case may be, as frequently as practicable; or (iii)  pursuant  to
    53  the  Erie county fiscal stability authority's agreements with the county
    54  of Erie, which agreements shall require the Erie county fiscal stability
    55  authority to transfer such taxes, penalties and interest remaining after
    56  providing for contractual or other obligations of the Erie county fiscal

        S. 7505--B                         36                         A. 9505--B
 
     1  stability authority, and subject to any agreement between such authority
     2  and the county of Erie, to the county of Erie as frequently as practica-
     3  ble. During the period that the comptroller is required to make payments
     4  to the Nassau county interim finance authority described in the previous
     5  sentence, the county of Nassau shall have no right, title or interest in
     6  or  to  such  taxes,  penalties  and interest required to be paid to the
     7  Nassau county interim finance authority,  except  as  provided  in  such
     8  authority's agreements with the county of Nassau. During the period that
     9  the  comptroller  is  required  to  make  payments to the Buffalo fiscal
    10  stability authority described in the second previous sentence, the  city
    11  of Buffalo and such school district shall have no right, title or inter-
    12  est  in  or to such taxes, penalties and interest required to be paid to
    13  the Buffalo fiscal stability  authority,  except  as  provided  in  such
    14  authority's  agreements with the city of Buffalo. During the period that
    15  the comptroller is required to make payments to the Erie  county  fiscal
    16  stability authority described in the third previous sentence, the county
    17  of  Erie  shall  have  no  right, title or interest in or to such taxes,
    18  penalties and interest required to be paid to  the  Erie  county  fiscal
    19  stability  authority,  except as provided in such authority's agreements
    20  with the county of Erie.
    21    § 2. Paragraph 5-a of subdivision (c) of section 1261 of the tax  law,
    22  as  added by section 3 of part PPP of chapter 59 of the laws of 2019, is
    23  amended to read as follows:
    24    (5-a) However, after the comptroller has  made  the  payments  to  the
    25  Nassau  county  interim  finance authority, the Buffalo fiscal stability
    26  authority, and the Erie county fiscal stability  authority  required  by
    27  [paragraphs  two,]  paragraph  three [and five] of this subdivision, for
    28  each municipality that received a base level grant in state fiscal  year
    29  two thousand eighteen-two thousand nineteen but not in state fiscal year
    30  two  thousand  nineteen-two thousand twenty under the aid and incentives
    31  for municipalities  program  pursuant  to  subdivision  ten  of  section
    32  fifty-four  of  the  state  finance  law, the comptroller shall annually
    33  withhold from each county except Nassau  and  Erie  from  the  remaining
    34  taxes,  penalties and interest imposed by the county in which a majority
    35  of the population of such municipality resides, and on behalf of  Nassau
    36  and Erie counties the comptroller shall annually receive from the Nassau
    37  county  interim finance authority, the Buffalo fiscal stability authori-
    38  ty, and the Erie county fiscal stability authority, an amount  equal  to
    39  the  base level grant received by such municipality in state fiscal year
    40  two thousand eighteen-two thousand nineteen and shall annually  distrib-
    41  ute, by December fifteenth, two thousand nineteen and by such date annu-
    42  ally  thereafter, such amount directly to such municipality, unless such
    43  municipality has a fiscal year ending May thirty-first, then such annual
    44  distribution shall be made by May fifteenth, two thousand twenty and  by
    45  such  date annually thereafter. No county shall have any right, title or
    46  interest in or to the taxes, penalties and interest required to be with-
    47  held [and] or distributed pursuant to this paragraph.
    48    § 3. Subdivision 5 of section 3657 of the public authorities  law,  as
    49  added by chapter 84 of the laws of 2000, is amended to read as follows:
    50    5.  Tax  revenues received by the authority pursuant to section twelve
    51  hundred sixty-one of the tax  law,  together  with  any  other  revenues
    52  received  by  the  authority, shall be applied in the following order of
    53  priority: first pursuant to the authority's contracts with  bondholders,
    54  then  to  pay  the authority's operating expenses not otherwise provided
    55  for, then to pay to the state pursuant to paragraph three of subdivision
    56  (c) of section twelve hundred  sixty-one  of  the  tax  law,  and  then,

        S. 7505--B                         37                         A. 9505--B
 
     1  subject  to  the authority's agreements with the county, to transfer the
     2  balance of such tax revenues not required to meet contractual  or  other
     3  obligations of the authority to the county as frequently as practicable.
     4    §  4.  Subdivision 5 of section 3865 of the public authorities law, as
     5  amended by chapter 86 of the  laws  of  2004,  is  amended  to  read  as
     6  follows:
     7    5.  Revenues  of the authority shall be applied in the following order
     8  of priority: first to pay debt service or for set  asides  to  pay  debt
     9  service  on  the  authority's  bonds, notes, or other obligations and to
    10  replenish any reserve funds securing such bonds, notes  or  other  obli-
    11  gations of the authority, in accordance with the provision of any inden-
    12  ture  or  bond  resolution of the authority; then to pay the authority's
    13  operating expenses not otherwise provided for; then to pay to the  state
    14  pursuant to paragraph three of subdivision (c) of section twelve hundred
    15  sixty-one of the tax law; and then, subject to the authority's agreement
    16  with  the  city,  for itself or on behalf of the city's dependent school
    17  district and any other covered organization, to transfer  as  frequently
    18  as  practicable the balance of revenues not required to meet contractual
    19  or other obligations of the authority to the city or the city's  depend-
    20  ent school district as provided in subdivision seven of this section.
    21    §  5.  Subdivision 5 of section 3965 of the public authorities law, as
    22  added by chapter 182 of the laws of 2005, is amended to read as follows:
    23    5. Revenues of the authority shall be applied in the  following  order
    24  of  priority:  first  to  pay debt service or for set asides to pay debt
    25  service on the authority's bonds, notes, or  other  obligations  and  to
    26  replenish  any  reserve  funds securing such bonds, notes or other obli-
    27  gations of the authority in accordance with the provision  of  indenture
    28  or bond resolution of the authority; then to pay the authority's operat-
    29  ing expenses not otherwise provided for; then to pay to the state pursu-
    30  ant  to  paragraph  three  of  subdivision (c) of section twelve hundred
    31  sixty-one of the tax law; and then, subject to  the  authority's  agree-
    32  ments  with  the county for itself or on behalf of any covered organiza-
    33  tion to transfer as frequently as practicable the  balance  of  revenues
    34  not  required  to meet contractual or other obligations of the authority
    35  to the county as provided in subdivision seven of this section.
    36    § 6. This act shall take effect immediately.
 
    37                                   PART OO
 
    38                            Intentionally Omitted
 
    39                                   PART PP
 
    40    Section 1. Subparagraph 14 of paragraph d of subdivision 5 of  part  B
    41  of  section 236 of the domestic relations law, as amended by chapter 281
    42  of the laws of 1980 and as renumbered by chapter  229  of  the  laws  of
    43  2009, is amended to read as follows:
    44    (14)  whether  either  party  has committed an act or acts of domestic
    45  violence, as described  in  subdivision  one  of  section  four  hundred
    46  fifty-nine-a of the social services law, against the other party and the
    47  nature, extent, duration and impact of such act or acts; and
    48    (15)  any other factor which the court shall expressly find to be just
    49  and proper.
    50    § 2. This act shall take effect on the thirtieth day  after  it  shall
    51  have become a law and shall apply to matrimonial actions commenced on or
    52  after such effective date. Nothing in this act shall be deemed to affect

        S. 7505--B                         38                         A. 9505--B
 
     1  the  validity  of any agreement made pursuant to subdivision 3 of part B
     2  of section 236 of the domestic relations law or section 425 of the fami-
     3  ly court act prior to the effective date of this act.   Effective  imme-
     4  diately, the addition, amendment and/or repeal of any rule or regulation
     5  necessary  for  the implementation of this act on its effective date are
     6  authorized to be made on or before such date.
 
     7                                   PART QQ
 
     8    Section 1. The public authorities law  is  amended  by  adding  a  new
     9  section 3 to read as follows:
    10    §  3. Pay equity.  1. In order to attract unusual merit and ability to
    11  the service of public authorities in the state of New York, to stimulate
    12  higher efficiency among the personnel, to provide skilled leadership  in
    13  administration,  to  reward  merit  and  to insure the highest return in
    14  services for  the  necessary  costs  of  administration,  it  is  hereby
    15  declared  that  public  authorities  shall,  consistent with the federal
    16  Equal Pay Act of 1963 (29 U.S.C. § 206), the federal  Civil  Rights  Act
    17  (42 U.S.C. § 2000e-2), article fifteen of the executive law, and section
    18  forty-c  of the civil rights law, ensure a fair, non-biased compensation
    19  structure for all employees in which status within one or more protected
    20  class or classes is not considered  either  directly  or  indirectly  in
    21  determining  the  proper  compensation for a title or in determining the
    22  pay for any individual or group of employees, ensure  that  no  employee
    23  with  status within one or more protected class or classes shall be paid
    24  a wage at a rate less than the rate at which an employee without  status
    25  within  the same protected class or classes in the same establishment is
    26  paid for similar work or substantially similar work and provide  regular
    27  increases  in  pay in proper proportion to increase of ability, increase
    28  of output and increase of quality of work demonstrated in service.
    29    2. For the purpose of this section:
    30    (a) the term "protected  class"  includes  age,  race,  creed,  color,
    31  national  origin,  sexual  orientation,  gender  identity or expression,
    32  military status, sex, disability, predisposing genetic  characteristics,
    33  familial status, marital status, or domestic violence victim status, and
    34  any  employee  protected from discrimination pursuant to paragraphs (a),
    35  (b), and (c) of subdivision one of section two hundred ninety-six of the
    36  executive law, and any intern protected from discrimination pursuant  to
    37  section two hundred ninety-six-c of the executive law.
    38    (b)  the term "compensation" shall include but not be limited to:  all
    39  earnings of an employee for labor or services  rendered,  regardless  of
    40  whether  the  amount  of  earnings  is paid on an annual salary, hourly,
    41  biweekly or per diem basis; reimbursement for expenses; health,  welfare
    42  and retirement benefits; and vacation pay, sick pay, separation or holi-
    43  day pay, or any other form of remuneration.
    44    (c) employees shall be deemed to work in the same establishment if the
    45  employees  work  for the same employer at workplaces located in the same
    46  geographical region, no larger than a county, taking into account  popu-
    47  lation  distribution,  economic activity, and/or the presence of munici-
    48  palities.
    49    (d) the term "public authorities" shall mean any authority as  defined
    50  in section two of this title.
    51    3.  (a) It shall not be a violation of this section for an employer to
    52  pay different compensation to employees, where such  payments  are  made
    53  pursuant to:
    54    (1) a bona fide seniority or merit system;

        S. 7505--B                         39                         A. 9505--B
 
     1    (2)  a  bona fide system that measures earnings by quantity or quality
     2  of production;
     3    (3) a bona fide system based on geographic differentials;
     4    (4)  any  other  bona fide factor other than status within one or more
     5  protected class or classes, such as education, training, or  experience.
     6  Such  factor: (A) shall not be based upon or derived from a differential
     7  in compensation based on status within one or more  protected  class  or
     8  classes;  and  (B)  shall be job-related with respect to the position in
     9  question and shall be consistent with business necessity. Such exception
    10  under this paragraph shall not apply when the employee demonstrates  (i)
    11  that  an  employer  uses  a particular employment practice that causes a
    12  disparate impact on the basis of status within  one  or  more  protected
    13  class  or  classes,  (ii) that an alternative employment practice exists
    14  that would serve the same purpose and not produce such differential, and
    15  (iii) that the employer has refused to adopt such alternative  practice;
    16  or
    17    (5) a collective bargaining agreement.
    18    (b)  For  the  purpose of paragraph (a) of this subdivision, "business
    19  necessity" shall be defined as a factor that bears a manifest  relation-
    20  ship to the employment in question.
    21    (c)  Nothing  set  forth in this section shall be construed to impede,
    22  infringe or diminish the rights and benefits which accrue  to  employees
    23  through  collective  bargaining  agreements,  or  otherwise diminish the
    24  integrity of the existing collective bargaining relationship.
    25    § 2. This act shall take effect immediately.
 
    26                                   PART RR
 
    27                            Intentionally Omitted
 
    28                                   PART SS
 
    29                            Intentionally Omitted

    30                                   PART TT
 
    31                            Intentionally Omitted
 
    32                                   PART UU
 
    33    Section 1. Section 172-b of the executive law is amended by  adding  a
    34  new subdivision 9 to read as follows:
    35    9.  Any registered charitable organization that is required to file an
    36  annual financial report pursuant to  subdivision  one  or  two  of  this
    37  section,  or that is required to file a funding disclosure report pursu-
    38  ant to section one hundred  seventy-two-e  of  this  article,  and/or  a
    39  financial   disclosure   report   pursuant   to   section   one  hundred
    40  seventy-two-f of this article for a reporting period during the applica-
    41  ble fiscal year shall also be required to  file  such  annual  financial
    42  report,  including  all required forms and attachments, with the depart-
    43  ment of state.
    44    § 1-a. Paragraph (b) of subdivision 1 and  subdivisions  2  and  3  of
    45  section  172-e  of the executive law, as added by section 1 of part F of
    46  chapter 286 of the laws of 2016, are amended to read as follows:
    47    (b) "In-kind donation" shall mean  donations  of  staff,  staff  time,
    48  personnel[,]   or  any  other  human  resources,  offices[,]  or  office

        S. 7505--B                         40                         A. 9505--B
 
     1  supplies, [financial support of any kind or any other resources]  except
     2  that an in-kind donation shall not include an in-kind donation made by a
     3  person  or  entity  in  the  course of an activity that is substantially
     4  related  to accomplishing the covered entity's tax exempt purposes where
     5  the in-kind donator is offering  or  providing  goods  or  services  for
     6  substantially  less  than fair market value to individuals, corporations
     7  or groups, and  those  goods  or  services  are  actually  purchased  or
     8  consumed  by wholly unaffiliated individuals, corporations or groups for
     9  no charge or substantially less than fair market value, and may include,
    10  but is not limited to, pro bono legal services and other forms of  tech-
    11  nical assistance.
    12    2. Funding disclosure reports to be filed by covered entities. (a) Any
    13  covered  entity  that  makes  an in-kind donation in excess of [two] ten
    14  thousand [five hundred] dollars to a recipient entity during a  relevant
    15  reporting period shall file a funding disclosure report with the depart-
    16  ment of [law] state. The funding disclosure report shall include:
    17    (i)  the  name and address of the covered entity that made the in-kind
    18  donation;
    19    (ii) the name and address of the recipient  entity  that  received  or
    20  benefitted from the in-kind donation;
    21    (iii)  the  names  of  any persons who exert operational or managerial
    22  control over the covered entity. The disclosures required by this  para-
    23  graph shall include the name of at least one natural person;
    24    (iv)  the  date  [the  in-kind]  such donation was made by the covered
    25  entity; and
    26    (v) [any donation in excess of two thousand five  hundred  dollars  to
    27  the  covered  entity  during the relevant reporting period including the
    28  identity of the donor of any such donation] a description of the in-kind
    29  donation, including the charitable purpose advanced by such donation, if
    30  any, and any restrictions on the use of such donation by  the  recipient
    31  entity.
    32    [(vi) the date of any such donation to a covered entity.]
    33    (b) The covered entity shall file a funding disclosure report with the
    34  department of [law] state within thirty days of the close of a reporting
    35  period.
    36    3.  Public disclosure of funding disclosure reports. The department of
    37  [law] state shall promulgate  any  regulations  necessary  to  implement
    38  these  requirements  and  shall  [forward  the disclosure reports to the
    39  joint commission on public ethics for the purpose of publishing] publish
    40  such reports on the [commission's] department's website[, within  thirty
    41  days  of the close of each reporting period] when authorized pursuant to
    42  subdivision two of this section; provided  however  that  the  [attorney
    43  general]  secretary of state, or his or her designee, may determine that
    44  disclosure of [donations to the covered entity] all or a portion of  the
    45  in-kind  donations  to  the  covered  entity  and  financial  assistance
    46  provided by any covered entity to one or more recipient entities,  shall
    47  not  be  made  public  if,  based  upon  a  review of the relevant facts
    48  presented by  the  covered  entity,  such  disclosure  may  cause  harm,
    49  threats,  harassment,  or  reprisals to the source of the donation or to
    50  individuals or property affiliated with the source of the donation.  The
    51  covered  entity may appeal the [attorney general's] secretary's determi-
    52  nation and such appeal shall be heard by a judicial hearing officer  who
    53  is  independent and not affiliated with or employed by the department of
    54  [law, pursuant to regulations promulgated by the department of law.  The
    55  covered  entity's  sources  of  donations]  state.  The  total amount of
    56  in-kind  donations  to  the  covered  entity  and  financial  assistance

        S. 7505--B                         41                         A. 9505--B

     1  provided  by  any  covered entity to one or more recipient entities that
     2  are the subject of such appeal shall not be made  public  pending  final
     3  judgment on appeal.
     4    §  2.  Paragraph  (b)  of  subdivision  1  and subdivisions 2 and 3 of
     5  section 172-f of the executive law, as added by section 1 of part  G  of
     6  chapter 286 of the laws of 2016, are amended to read as follows:
     7    (b) "Covered communication" means a communication by a covered entity,
     8  [that  does not require a report] not otherwise reported by such covered
     9  entity pursuant to article one-A of the legislative law or article four-
    10  teen of the election law, by a covered entity conveyed to  five  hundred
    11  or  more  members  of  a  general public audience in the form of: (i) an
    12  audio or video communication via broadcast, cable or satellite;  (ii)  a
    13  written  communication via advertisements, pamphlets, circulars, flyers,
    14  brochures, letterheads; or (iii) other published statement which: refers
    15  to and advocates for or against a clearly  identified  elected  official
    16  [or  the  position of any elected official or administrative or legisla-
    17  tive body relating to the outcome of any vote or substance of any legis-
    18  lation, potential legislation, pending  legislation,  rule,  regulation,
    19  hearing,  or  decision  by  any legislative, executive or administrative
    20  body], executive or administrative body or legislative body relating  to
    21  the  sponsorship, support, opposition, or outcome of any proposed legis-
    22  lation, pending legislation, rule, regulation, hearing or  decision,  or
    23  advocates  for  or  against action by any elected official, executive or
    24  administrative body or legislative body.
    25    2. Disclosure of expenditures  for  covered  communications.  (a)  Any
    26  covered  entity that makes expenditures for covered communications in an
    27  aggregate amount or fair market value exceeding ten thousand dollars  in
    28  a  calendar  year  shall  file  a  financial  disclosure report with the
    29  department  of  [law]  state.  The  financial  disclosure  report  shall
    30  include:
    31    (i)  the name and address of the covered entity that made the expendi-
    32  ture for covered communications;
    33    (ii) the name or names of any individuals  who  exert  operational  or
    34  managerial  control over the covered entity. The disclosures required by
    35  this paragraph shall include the name of at least one natural person;
    36    (iii) a detailed description of the covered communication;
    37    (iv) the dollar amount paid for each covered communication,  the  name
    38  and  address of the person or entity receiving the payment, and the date
    39  the payment was made; and
    40    [(iv)] (v) for any restricted donation received by the covered  entity
    41  in  whole  or  in part for the support of the covered communication, the
    42  name and address of any individual, corporation, association,  or  group
    43  that  made  a  donation [of one thousand dollars or more] to the covered
    44  entity and the date of such donation, and the amount  of  the  donation,
    45  together with a description of any restriction.
    46    (b)  The  covered entity shall file a financial disclosure report with
    47  the department of [law] state within thirty  days  of  the  close  of  a
    48  reporting period.
    49    [(c)  If  a  covered entity keeps one or more segregated bank accounts
    50  containing funds used solely for covered communications and makes all of
    51  its expenditures for covered communications  from  such  accounts,  then
    52  with respect to donations included in subparagraph (iv) of paragraph (a)
    53  of  this  subdivision,  the financial report need only include donations
    54  deposited into such accounts.]
    55    3. Public disclosure of funding disclosure reports. The department  of
    56  [law]  state  shall  [make the financial disclosure reports available to

        S. 7505--B                         42                         A. 9505--B

     1  the public on the department of law website within thirty  days  of  the
     2  close  of  each  reporting  period,  provided  however that the attorney
     3  general, or his or  her  designee,  may  determine  that  disclosure  of
     4  donations shall not be made public] promulgate any regulations necessary
     5  to  implement  these  requirements and shall publish on the department's
     6  website the reports of covered communications required by this  section.
     7  Such  publishing shall not include the names and addresses of individual
     8  donors to covered  entities,  nor  shall  such  publishing  include  the
     9  covered  entity's  Internal  Revenue  Service  Form 990 Schedule B. Such
    10  report shall not be made public pursuant to this section if, based  upon
    11  a  review  of  the  relevant facts presented by the covered entity, such
    12  disclosure may cause harm, threats,  harassment,  or  reprisals  to  the
    13  source of the donation or to individuals or property affiliated with the
    14  source  of  the  donation.  The  covered entity may appeal the [attorney
    15  general's] secretary's determination and such appeal shall be heard by a
    16  judicial hearing officer who is independent and not affiliated  with  or
    17  employed  by  the  department  of  [law]  state, pursuant to regulations
    18  promulgated by the department of [law] state.  [The covered entity shall
    19  not be required to  disclose  the  sources  of  donations]  The  reports
    20  subject  to  disclosure pursuant to this section that are the subject of
    21  such appeal pursuant to this section shall not be  made  public  pending
    22  final judgment on appeal.
    23    §  3.  Section  172-e  of the executive law is amended by adding a new
    24  subdivision 4 to read as follows:
    25    4. If a covered entity's or recipient  entity's  annual  report  filed
    26  pursuant  to  section one hundred seventy-two-b of this article does not
    27  include a completed Internal Revenue Service Form  990  schedule  B  and
    28  that covered entity makes, or that recipient entity receives, qualifying
    29  donations pursuant to subdivision two of this section, that entity shall
    30  in addition to filing a disclosure with the department of law, also file
    31  with  the  department  of state a complete Internal Revenue Service Form
    32  990 Schedule B, regardless of whether such form is submitted or required
    33  to be submitted to the Internal Revenue Service.
    34    § 4. Section 172-f of the executive law is amended  by  adding  a  new
    35  subdivision 4 to read as follows:
    36    4.  If  a covered entity's annual report filed pursuant to section one
    37  hundred seventy-two-b of this  article  does  not  include  a  completed
    38  Internal  Revenue Service Form 990 schedule B, the entity shall in addi-
    39  tion to filing a disclosure with the department of law, also  file  with
    40  the  department  of  state  a complete Internal Revenue Service Form 990
    41  schedule B, regardless of whether such form is submitted or required  to
    42  be submitted to the Internal Revenue Service.
    43    § 5. The executive law is amended by adding a new section 93-a to read
    44  as follows:
    45    §  93-a.  Examination of reports. The secretary of state shall examine
    46  all reports required to be filed with the department of  state  pursuant
    47  to  article seven-A of this chapter in order to determine the nature and
    48  extent of the in-kind support provided by any covered entity to  one  or
    49  more  recipient  entities,  as  such  terms  are  defined in section one
    50  hundred seventy-two-e of this chapter, and  the  nature  and  extent  of
    51  covered  communications by any covered entity, as such terms are defined
    52  in section one hundred seventy-two-f of this chapter.    Notwithstanding
    53  any  inconsistent  provision of law, whenever the secretary of state, in
    54  consultation with the department of taxation and finance or the  depart-
    55  ment of law, determines that the nature and extent of a covered entity's
    56  in-kind  support to other entities or the nature and extent of a covered

        S. 7505--B                         43                         A. 9505--B
 
     1  entity's spending on covered communications  is  inconsistent  with  the
     2  charitable  purposes  of  such covered entity, the secretary shall cause
     3  the reports required by article seven-A of this chapter  filed  by  such
     4  entity  to  be  published on the website of the department of state upon
     5  such finding. Provided, however, that such publishing shall not  include
     6  the  names  and  addresses  of individual donors to covered entities nor
     7  shall such publishing include  the  covered  entity's  Internal  Revenue
     8  Service Form 990 Schedule B. The secretary shall report to the governor,
     9  the  temporary  president of the senate and the speaker of the assembly,
    10  by December thirty-first, two thousand twenty-two, and  annually  there-
    11  after, on topics including but not limited to:  the nature and extent of
    12  in-kind  support  provided by covered entities to recipient entities, as
    13  such terms are defined in section  one  hundred  seventy-two-e  of  this
    14  chapter  and  the nature and extent of expenditures for covered communi-
    15  cations. The secretary may request the assistance of the  department  of
    16  taxation  and finance or the department of law in order to complete this
    17  report. Provided however that such report shall not  include  the  names
    18  and  addresses  of  individual donors to covered entities nor shall such
    19  report include the covered entity's Internal Revenue  Service  Form  990
    20  Schedule B.
    21    § 6. Severability. If any clause, sentence, paragraph, section or part
    22  of  this act shall be adjudged by any court of competent jurisdiction to
    23  be invalid and after exhaustion of  all  further  judicial  review,  the
    24  judgment  shall  not affect, impair or invalidate the remainder thereof,
    25  but shall be confined in its operation to the  clause,  sentence,  para-
    26  graph,  section or part of this act directly involved in the controversy
    27  in which the judgment shall have been rendered.
    28    § 7. This act shall take effect January 1, 2021. Effective  immediate-
    29  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    30  necessary for the implementation of this act on its effective  date  are
    31  authorized to be made and completed on or before such effective date.
 
    32                                   PART VV
 
    33                            Intentionally Omitted
 
    34                                   PART WW
 
    35    Section 1. Section 2 and subdivision 7 of section 3 of part E of chap-
    36  ter  60  of  the laws of 2015, establishing a commission on legislative,
    37  judicial, and executive compensation, and providing for the  powers  and
    38  duties  of  the  commission  and  for the dissolution of the commission,
    39  subdivision 7 of section 3 as amended by section 1 of part VVV of  chap-
    40  ter 59 of the laws of 2019, are amended to read as follows:
    41    § 2. 1. (a) On the first of June of every fourth year, commencing June
    42  1,  2015,  there shall be established a commission on legislative, judi-
    43  cial and executive compensation to examine, evaluate and make  recommen-
    44  dations  with  respect to adequate levels of compensation and non-salary
    45  benefits for members of the legislature,  judges  and  justices  of  the
    46  state-paid  courts  of the unified court system, statewide elected offi-
    47  cials, and those state officers referred to in section 169 of the execu-
    48  tive law.
    49    (b) Notwithstanding any provision of this act  to  the  contrary,  the
    50  commission  established  in the year 2019 may examine, evaluate and make
    51  recommendations with respect to  adequate  levels  of  compensation  and
    52  non-salary  benefits for judges and justices of the state-paid courts of

        S. 7505--B                         44                         A. 9505--B
 
     1  the unified court system during its examination of and making  recommen-
     2  dations for legislative and executive compensation in the year 2020.
     3    2.  (a) In accordance with the provisions of this section, the commis-
     4  sion shall examine: (1) the prevailing adequacy of pay levels and  other
     5  non-salary  benefits  received  by members of the legislature, statewide
     6  elected officials, and those state officers referred to in  section  169
     7  of the executive law; and
     8    (2)  the  prevailing  adequacy  of  pay levels and non-salary benefits
     9  received by the judges and justices of  the  state-paid  courts  of  the
    10  unified  court  system and housing judges of the civil court of the city
    11  of New York and determine whether any of such pay levels warrant adjust-
    12  ment; and
    13    (b) The commission shall determine whether: (1) for any  of  the  four
    14  years commencing on the first of April of such years, following the year
    15  in  which  the  commission  is  established or authorized by this act to
    16  evaluate and make recommendations on such salaries, the annual  salaries
    17  for  the  judges  and  justices  of the state-paid courts of the unified
    18  court system and housing judges of the civil court of the  city  of  New
    19  York warrant an increase; and
    20    (2)  on  the  first  of January after the November general election at
    21  which members of the state legislature are elected following the year in
    22  which the commission is established, and on the first of January follow-
    23  ing the next such election, the like annual salaries and  allowances  of
    24  members  of the legislature, and salaries of statewide elected officials
    25  and state officers referred to in  section  169  of  the  executive  law
    26  warrant an increase.
    27    3.  In  discharging its responsibilities under subdivision two of this
    28  section, the commission shall take into account all appropriate  factors
    29  including,  but  not  limited to: the overall economic climate; rates of
    30  inflation; changes in public-sector spending; the levels of compensation
    31  and non-salary benefits  received  by  executive  branch  officials  and
    32  legislators of other states and of the federal government; the levels of
    33  compensation  and  non-salary  benefits  received  by  professionals  in
    34  government, academia and  private  and  nonprofit  enterprise;  and  the
    35  state's  ability  to fund increases in compensation and non-salary bene-
    36  fits.
    37    7. The commission shall make a report to the governor, the legislature
    38  and the chief judge of the state of its findings, conclusions,  determi-
    39  nations  and recommendations, if any, not later than the thirty-first of
    40  December of the year in which the commission is established for judicial
    41  compensation and the fifteenth of November the following year for legis-
    42  lative and executive compensation; provided, however, the report made by
    43  the commission in the  year  two  thousand  twenty  regarding  judicial,
    44  legislative  and  executive  compensation shall be issued not later than
    45  November 15, 2020.  Any findings, conclusions, determinations and recom-
    46  mendations in the report must be adopted  by  a  majority  vote  of  the
    47  commission  and shall also be supported by at least one member appointed
    48  by each appointing authority.  Each recommendation made to  implement  a
    49  determination  pursuant  to section two of this act shall have the force
    50  of law, and shall supersede, where appropriate, inconsistent  provisions
    51  of  article  7-B of the judiciary law, section 169 of the executive law,
    52  and sections 5 and 5-a of the legislative law, unless modified or  abro-
    53  gated  by  statute  prior  to  April  first of the year as to which such
    54  determination applies to judicial compensation and January first of  the
    55  year as to which such determination applies to legislative and executive
    56  compensation.

        S. 7505--B                         45                         A. 9505--B
 
     1    § 2. This act shall take effect immediately.
 
     2                                   PART XX
 
     3    Section  1.  This Part enacts into law major components of legislation
     4  relating to issues deemed necessary for the  state.  Each  component  is
     5  wholly  contained  within a Subpart identified as Subparts A through CC.
     6  The effective date for each particular provision contained  within  such
     7  Subpart  is set forth in the last section of such Subpart. Any provision
     8  in any section contained within a Subpart, including the effective  date
     9  of  the  Subpart, which makes reference to a section "of this act", when
    10  used in connection with that particular component, shall  be  deemed  to
    11  mean  and  refer to the corresponding section of the Subpart in which it
    12  is found. Section three of this Part sets forth  the  general  effective
    13  date of this Part.
 
    14                                  SUBPART A
 
    15    Section  1.  Section 631-b of the executive law, as added by a chapter
    16  of the laws of 2019 amending the executive law in relation  to  enacting
    17  the  "safe  way  home  act", as proposed in legislative bills numbers S.
    18  3966-A and A. 5775-A, is REPEALED.
    19    § 2. Paragraph (b) of subdivision 1 of section 2805-i  of  the  public
    20  health law, as amended by section 1 of part HH of chapter 57 of the laws
    21  of 2018, is amended to read as follows:
    22    (b)  contacting  a  rape  crisis or victim assistance organization, if
    23  any, providing victim assistance to the geographic area served  by  that
    24  hospital  to establish the coordination of non-medical services, includ-
    25  ing but not limited to transportation within the geographic area  served
    26  by  that  organization, upon the conclusion of initial medical services,
    27  free of charge from the medical facility to sexual offense  victims  who
    28  request such coordination and services;
    29    §  3.  Subparagraph  3  of paragraph (b) of subdivision 4-b of section
    30  2805-i of the public health law, as added by chapter 1 of  the  laws  of
    31  2000, is amended to read as follows:
    32    (3)  Promptly  after the examination is completed, the victim shall be
    33  permitted to shower, be provided with a change of clothing, be  informed
    34  that  a  rape  crisis or victim assistance organization providing victim
    35  assistance to the geographic area served by that hospital  is  available
    36  to  provide  transportation  within  the  geographic area served by that
    37  organization, upon the conclusion of initial medical services,  free  of
    38  charge  from  the  medical  facility, and receive follow-up information,
    39  counseling, medical treatment and referrals for same.
    40    § 4. Subparagraph 1 of paragraph  (a)  of  subdivision  6  of  section
    41  2805-i  of the public health law, as added by chapter 407 of the laws of
    42  2018, is amended to read as follows:
    43    (1) consult with a local rape crisis or local victim assistance organ-
    44  ization, to have a representative of  such  organization  accompany  the
    45  victim  through  the  sexual  offense examination, [and] to have such an
    46  organization be summoned by the medical facility, police agency,  prose-
    47  cutorial  agency or other law enforcement agency before the commencement
    48  of the physical examination or interview, pursuant to this section,  and
    49  to  have  such organization provide transportation within the geographic
    50  area served by that organization, free of charge from the medical facil-
    51  ity to sexual offense victims who request such services upon discharge;

        S. 7505--B                         46                         A. 9505--B
 
     1    § 5. This act shall take effect on the  same  date  and  in  the  same
     2  manner  as  a chapter of the laws of 2019, amending the executive law in
     3  relation to enacting the "safe way home act", as proposed in legislative
     4  bills numbers S. 3966-A and A. 5775-A, takes effect.
 
     5                                  SUBPART B
 
     6    Section  1.  Section 170-c of the executive law, as added by a chapter
     7  of the laws of 2019, amending the executive law relating  to  regulatory
     8  fines  for small businesses, as proposed in legislative bills numbers S.
     9  5815-C and A. 7540-B, is amended to read as follows:
    10    § 170-c. Regulatory penalties for small businesses.  1. Unless explic-
    11  itly exempted or excluded by any other law, rule or regulation,  upon  a
    12  first time violation of a state agency's rules or regulations related to
    13  paperwork  submitted  to a state agency or actions or omissions that are
    14  determined by such state agency to be de minimus, a small  business,  as
    15  defined  in  subdivision  eight  of section one hundred two of the state
    16  administrative procedure act, shall be afforded a cure period  or  other
    17  opportunity  for  ameliorative action if the violation can be corrected,
    18  the successful completion of which will prevent the imposition of penal-
    19  ties on the party or parties subject to enforcement of such  de  minimus
    20  violation.    However,  no  waiver  of penalties or cure period or other
    21  opportunity for ameliorative action may be given if  the  agency  deter-
    22  mines  that  the  violation  [resulted] may result in a natural resource
    23  damage claim or serious actual harm, or may [have presented] present  an
    24  [imminent  and  substantial] endangerment to public safety, human health
    25  or the environment, is a violation of human or civil rights law, results
    26  in loss of employee wages  or  benefits,  interferes  with  any  remedy,
    27  review,  or  resolution  related to harassment or discrimination claims,
    28  was or is a willful violation, [involved] involves tax  fraud,  violates
    29  requirements  related  to federal funding to the state, relates to state
    30  funding or procurement, is similar to prior violations, is a  penal  law
    31  violation,  [or]  relates  to  a  material or substantive portion of the
    32  business, or is in contravention of the public  interest  and/or  policy
    33  reflected  by  the  agency's mission. Upon such first violation, a state
    34  agency shall (a) provide the small business with a  copy  of  [any]  the
    35  applicable  small  business  regulation  guides  pursuant to section one
    36  hundred two-a of the state administrative procedure act  and  any  other
    37  helpful  [compliance]  guidance  or  information  detailing the agency's
    38  rules and regulations, to the extent such materials exist, or (b) to the
    39  extent practicable, provide [an opportunity for  an  in-person  meeting,
    40  teleconference  or  videoconference  with  the  small  business  to help
    41  assist] such small business assistance with compliance with the agency's
    42  rules and regulations.  The agency shall have the discretion  to  deter-
    43  mine  the  appropriate period of time to allow [for] such small business
    44  to cure or take such other ameliorative action  [to  occur]  to  address
    45  such  violation,  which  shall  be reasonable but shall not be less than
    46  [ninety] fifteen business days unless a longer period is allowed  pursu-
    47  ant to law or regulation.
    48    2.  As  used in this section[: (a) "Small business" shall mean a busi-
    49  ness which is resident in this state, independently owned and  operated,
    50  not dominant in its field and employs one hundred or less persons.
    51    (b)]  "[State] state agency" shall mean an agency as defined in subdi-
    52  vision one of section one hundred two of the state administrative proce-
    53  dure act; provided that "state agency" shall not include the  department

        S. 7505--B                         47                         A. 9505--B
 
     1  of taxation and finance [but shall also mean], the workers' compensation
     2  board nor the department of financial services.
     3    3.  Nothing  herein  shall  prevent  or  preclude any other waivers of
     4  penalties that may be applicable by this or any other agency.
     5    § 2. Section 2 of a chapter of the laws of 2019, amending  the  execu-
     6  tive  law relating to regulatory fines for small businesses, as proposed
     7  in legislative bills numbers S. 5815-C and A. 7540-B, is amended to read
     8  as follows:
     9    § 2. This act shall take effect immediately and shall  expire  and  be
    10  deemed repealed two years after such date.
    11    §  3.  This act shall take effect immediately, provided, however, that
    12  section one of this act takes effect on the same date and  in  the  same
    13  manner  as  a  chapter  of  the laws of 2019, amending the executive law
    14  relating to regulatory fines for small businesses, as proposed in legis-
    15  lative bills numbers S. 5815-C and A. 7540-B, takes effect.
 
    16                                  SUBPART C
 
    17    Section 1. Sections 5 and 6 of a chapter of the laws of 2019,  author-
    18  izing  the  commissioner  of  general  services  to  transfer and convey
    19  certain state land to the city of New Rochelle, as proposed in  legisla-
    20  tive  bills  numbers  S.6228-A  and  A.7846-A,  are  amended  to read as
    21  follows:
    22    § 5. Any lands transferred pursuant to this act shall be used for  the
    23  purposes  of  the  city  of New Rochelle to utilize the subject property
    24  exclusively for the construction of municipal facilities, specifically a
    25  city hall building and [to satisfy the]  affordable  housing  [needs  of
    26  residents  of] located in the city of New Rochelle, which solely for the
    27  purposes of this act, shall mean that one hundred percent of the  rental
    28  dwelling  units in the building shall, upon initial rental and upon each
    29  subsequent rental following a vacancy, be affordable to  and  restricted
    30  to occupancy by individuals or families in accordance with a plan devel-
    31  oped  and approved by the commissioner of the New York state division of
    32  homes and community renewal, and upon termination of such use, title  to
    33  the lands so transferred shall revert to the state of New York.  In lieu
    34  of  such  reversion,  the city of New Rochelle may purchase the reverter
    35  interest in the subject property at the current fair market values  less
    36  the  value  of  any  improvements  thereon  as determined by independent
    37  certified appraisal or appraisals.
    38    § 6. This act shall take effect immediately;  provided  however,  that
    39  the  authority  of  the commissioner of general services to transfer and
    40  convey the aforesaid lands and improvements pursuant to this  act  shall
    41  expire two years after such effective date.
    42    §  2.  This  act  shall  take  effect on the same date and in the same
    43  manner as a chapter of the laws of 2019, authorizing the commissioner of
    44  general services to transfer and convey certain state land to  the  city
    45  of  New  Rochelle, as proposed in legislative bills numbers S.6228-A and
    46  A.7846-A, takes effect.
 
    47                                  SUBPART D
 
    48    Section 1. Subparagraph (vii) of paragraph (a)  of  subdivision  8  of
    49  section 131-a of the social services law, as amended by a chapter of the
    50  laws  of  2019  amending  the  social services law relating to exempting
    51  income earned by persons under the age of twenty-four from certain work-
    52  force development programs from the determination  of  need  for  public

        S. 7505--B                         48                         A. 9505--B
 
     1  assistance programs, as proposed in legislative bills numbers S.6443 and
     2  A.6753-A,  is  amended,  and a new subparagraph (ix) is added to read as
     3  follows:
     4    (vii)  all  of the income of a dependent child living with a parent or
     5  other caretaker relative, who is receiving  such  aid  or  for  whom  an
     6  application  for  such  aid has been made, which is derived from partic-
     7  ipation in [(i) the summer youth employment program,  provided  however,
     8  that  in the case of earned income such disregard must be applied for at
     9  least, but no longer than the length of such program; or (ii)] a program
    10  carried out under the federal job training partnership act (P.L. 97-300)
    11  or any successor act, provided, however, that  in  the  case  of  earned
    12  income  such disregard must be applied for at least, but no longer than,
    13  six months per calendar year for each such child. [Provided  however,  a
    14  local  social services district may exempt all the income of an individ-
    15  ual, up to the age of twenty-four, which is derived from  their  partic-
    16  ipation  in  the  summer  youth  employment  program, in accordance with
    17  clause (i) of this subparagraph;]
    18    (ix) all of the income derived from participation in the summer  youth
    19  employment  program,  provided however, that such income shall be exempt
    20  only for an individual who is not older than age twenty-four at the time
    21  of enrollment in the summer youth employment program and such  disregard
    22  must be applied for the length of the individual's participation in such
    23  program.
    24    §  2.  This  act  shall  take  effect on the same date and in the same
    25  manner as a chapter of the laws of 2019 amending the social services law
    26  relating to exempting income earned by persons under the age of  twenty-
    27  four  from certain workforce development programs from the determination
    28  of need for public assistance programs, as proposed in legislative bills
    29  numbers S.6443 and A.6753-A, takes effect.
 
    30                                  SUBPART E
 
    31    Section 1. Subdivisions 1 and 3 of section 459 of  the  real  property
    32  tax  law, as amended by a chapter of the laws of 2019, amending the real
    33  property tax law relating to permitting special  districts  to  adopt  a
    34  local  law  providing  for  an exemption for improvements to residential
    35  real property for the purpose  of  facilitating  accessibility  of  such
    36  property  to  a  physically  disabled  owner, as proposed in legislative
    37  bills numbers S.6452 and A.5137-A, are amended to read as follows:
    38    1. After a public hearing, the governing body of a county, city,  town
    39  or  village  may  adopt  a  local  law  or a school district [or special
    40  district] may adopt a resolution, providing for an exemption pursuant to
    41  the provisions of this section. Such local law or resolution may provide
    42  that an improvement to any real property  used  solely  for  residential
    43  purposes  as  a  one, two or three family residence shall be exempt from
    44  taxation and special ad valorem levies to the extent of any increase  in
    45  value  attributable  to such improvement if such improvement is used for
    46  the purpose of facilitating and accommodating the use and  accessibility
    47  of  such  real property by (a) a resident owner of the real property who
    48  is physically disabled, or (b) a member of the resident  owner's  house-
    49  hold  who  is  physically  disabled,  if such member resides in the real
    50  property.  A local law or resolution adopted pursuant  to  this  section
    51  may  provide  that the exemption shall apply to improvements constructed
    52  prior to the effective date of such local law or resolution.
    53    3. Such exemption shall be granted only upon application by the  owner
    54  or  all of the owners of the real property on a form prescribed and made

        S. 7505--B                         49                         A. 9505--B
 
     1  available by the commissioner. The applicant shall furnish such informa-
     2  tion as the commissioner shall require. The application shall  be  filed
     3  together with the appropriate certified statement of physical disability
     4  or certificate of blindness with the assessor of the appropriate county,
     5  city,  town,  or village[, or special district] on or before the taxable
     6  status date  of  such  county,  city,  town,  or  village[,  or  special
     7  district].
     8    §  2.  This  act  shall  take  effect on the same date and in the same
     9  manner as a chapter of the laws of 2019, amending the real property  tax
    10  law  relating  to  permitting  special  districts  to  adopt a local law
    11  providing for an exemption for improvements to residential real property
    12  for the purpose of facilitating accessibility  of  such  property  to  a
    13  physically  disabled  owner,  as  proposed  in legislative bills numbers
    14  S.6452 and A.5137-A, takes effect.
 
    15                                  SUBPART F
 
    16    Section 1. Section 465 of the labor law, as added by a chapter of  the
    17  laws  of  2019  amending the labor law relating to licenses to purchase,
    18  use, or store  certain  compounds,  as  proposed  in  legislative  bills
    19  numbers S.1456 and A.4452, is REPEALED.
    20    §  2.  Subdivision  1  of  section 451 of the labor law, as amended by
    21  section 2 of part CC of chapter 57 of the laws of 2009,  is  amended  to
    22  read as follows:
    23    1.  "Explosives"  means  gunpowder,  powders  used  for blasting, high
    24  explosives, blasting materials, detonating fuses, detonators,  pyrotech-
    25  nics  and  other detonating agents, fireworks and dangerous fireworks as
    26  defined in section 270.00 of the penal law,  smokeless  powder  and  any
    27  chemical compound or any mechanical mixture containing any oxidizing and
    28  combustible units, or other ingredients in such proportions, quantities,
    29  or  packing  that  ignition by fire, friction, concussion, percussion or
    30  detonation of any part thereof may cause and is  intended  to  cause  an
    31  explosion,  but  shall  not include gasoline, kerosene, naphtha, turpen-
    32  tine, benzine, acetone, ethyl  ether,  benzol  or  quantities  of  black
    33  powder  not  exceeding five pounds for use in firing of antique firearms
    34  or artifacts or replicas thereof. Fixed ammunition and primers for small
    35  arms, pyrotechnic devices which are designed  for  and  being  used  for
    36  legitimate  wildlife  management  or  controls, safety fuses and matches
    37  shall not be deemed to be explosives when, as  provided  by  regulation,
    38  the  individual  units  contain  any  of the above-mentioned articles or
    39  substances in such limited quantity, of such nature and so  packed  that
    40  it  is impossible to produce an explosion of such units to the injury of
    41  life, limb or property. The term "explosives" shall also include two  or
    42  more  components that are advertised and sold together with instructions
    43  on how to combine the  components  to  create  any  device  designed  or
    44  specially adapted to facilitate a detonation or combustion.
    45    §  3.  This  act  shall  take  effect on the same date and in the same
    46  manner as a chapter of the laws of 2019, amending the labor law relating
    47  to licenses to purchase, use, or store certain compounds, as proposed in
    48  legislative bills numbers S.1456 and A.4452, takes effect.
 
    49                                  SUBPART G
 
    50    Section 1. Paragraph (a) of subdivision 2 of section 31 of the private
    51  housing finance law, as amended by a chapter of the laws of 2019, amend-
    52  ing the private housing finance law relating  to  the  aggregate  annual

        S. 7505--B                         50                         A. 9505--B
 
     1  income  of low income persons or families eligible for accommodations in
     2  a company project, as proposed in legislative bills numbers  S.4133  and
     3  A.5350, is amended to read as follows:
     4    (a) The dwelling or non-housekeeping accommodations without board in a
     5  company project shall be available for persons or families of low income
     6  whose  probable  aggregate  annual  income  at the time of admission and
     7  during the period of occupancy does not exceed, the greater of  (i)  the
     8  median  income for such persons or families for the metropolitan statis-
     9  tical area in which the project is located, or if a project  is  located
    10  outside  a  metropolitan  statistical  area,  the median income for such
    11  persons or families for the county in which the project is  located,  as
    12  most  recently determined by the United States department of housing and
    13  urban development, in which case any person or family becoming  eligible
    14  for  admission pursuant to this subparagraph shall pay, from the time of
    15  admission, a rental surcharge as provided for in  subdivision  three  of
    16  this section, computed on the basis of the income limitations applicable
    17  to such persons or families in the absence of this subparagraph, or (ii)
    18  eight  times  the  rental,  including the value or cost to them of heat,
    19  light, water and cooking fuel, of the dwellings that may be furnished to
    20  such persons or families, except that in the case of families with three
    21  or more dependents, such ratio shall not exceed nine to one. Persons  or
    22  families with two or less dependents eligible for admission or continued
    23  occupancy  pursuant  to  subparagraph (ii) of this paragraph or subpara-
    24  graph (ii) of this paragraph prior to the effective date of a chapter of
    25  the laws of two thousand nineteen that amended subparagraph (ii) of this
    26  paragraph, shall pay a rental surcharge computed  on  the  basis  of  an
    27  income  limitation  of seven times the rental and families with three or
    28  more dependents eligible for admission or continued  occupancy  pursuant
    29  to  subparagraph  (ii)  of  this  paragraph or subparagraph (ii) of this
    30  paragraph prior to the effective date of a chapter of the  laws  of  two
    31  thousand  nineteen  that  amended  subparagraph  (ii) of this paragraph,
    32  shall pay a rental surcharge computed on the basis of an income  limita-
    33  tion  of  eight times the cost of the rental, including in each instance
    34  the value or cost to the persons or families of heat, light,  water  and
    35  cooking fuel, of the dwellings furnished to such persons or families.
    36    The  "probable aggregate annual income" in the case of dwelling accom-
    37  modations means the annual income of the chief wage earner of the  fami-
    38  ly, plus all other income of other members of the family over the age of
    39  twenty-one  years,  plus  a  proportion  of income of gainfully employed
    40  members under the age of twenty-one years, the proportion to  be  deter-
    41  mined  by the company as approved by the commissioner or the supervising
    42  agency, as the case may be, excluding therefrom a deduction  of  fifteen
    43  thousand dollars from the income of secondary wage earners of the family
    44  or a larger deduction if approved by the commissioner or the supervising
    45  agency,  as the case may be, except that the company, as approved by the
    46  commissioner or the supervising agency, as the case may be, may  exclude
    47  a  proportion  of the income of other members of the family over the age
    48  of twenty-one years for  the  purpose  of  determining  eligibility  for
    49  admission or continued occupancy, or for establishing the rental of such
    50  family,  or  for all such purposes; in the case of such non-housekeeping
    51  accommodations it means the annual income of the occupant, provided that
    52  the commissioner or supervising agency, as the case  may  be,  may  make
    53  rules  and  regulations  relative  to  the allocation of the income of a
    54  family among the members thereof for  the  purpose  of  determining  the
    55  income attributable to such occupant.

        S. 7505--B                         51                         A. 9505--B
 
     1    §  2.  This  act  shall  take  effect on the same date and in the same
     2  manner as a chapter of the laws of 2019, amending  the  private  housing
     3  finance  law  relating  to  the  aggregate  annual  income of low income
     4  persons or families eligible for accommodations in a company project, as
     5  proposed in legislative bills numbers S.4133 and A.5350, takes effect.
 
     6                                  SUBPART H
 
     7    Section  1.  Section  1  of a chapter of the laws of 2019, relating to
     8  directing the metropolitan transportation authority  to  rename  certain
     9  subway  stations, as proposed in legislative bills numbers S. 3439-A and
    10  A. 1512-A, is amended to read as follows:
    11    Section 1. [The] Upon a determination by the Metropolitan  Transporta-
    12  tion  Authority  or  the New York City Transit Authority that sufficient
    13  funds have been committed to  it  specifically  for  such  purpose,  the
    14  Metropolitan  Transportation  Authority,  the public benefit corporation
    15  created by section twelve hundred sixty-three of the public  authorities
    16  law,  and the New York City Transit Authority, the public benefit corpo-
    17  ration created by section twelve hundred one of the  public  authorities
    18  law, shall use such specifically committed funds to rename the President
    19  Street  subway  station  on the IRT Nostrand Avenue line of the New York
    20  city subway [is hereby named] to the President  Street  -  Medgar  Evers
    21  College  station and the Franklin Avenue subway station on the IRT East-
    22  ern Parkway line [is hereby named] of the New York City  subway  to  the
    23  Franklin  Avenue  -  Medgar  Evers College station. The MTA shall ensure
    24  that all signs, [maps,] and any  other  items  issued  by  the  MTA  are
    25  updated  to accurately reflect the new name of the stations within [such
    26  time and in such manner as the MTA shall deem appropriate] ten months.
    27    § 2. Section 2 of a chapter of the laws of 2019, relating to directing
    28  the metropolitan  transportation  authority  to  rename  certain  subway
    29  stations,  as  proposed  in  legislative  bills numbers S. 3439-A and A.
    30  1512-A, is amended to read as follows:
    31    § 2. This act shall take  effect  immediately,  and  shall  be  deemed
    32  repealed  after  the  signs, and any other items are accurately updated.
    33  The chief executive officer of the Metropolitan Transportation Authority
    34  or president of the New York City transit  authority  shall  notify  the
    35  legislative bill drafting commission upon the completion of such updates
    36  in  order that the commission may maintain an accurate and timely effec-
    37  tive data base of the official text of the laws of the state of New York
    38  in furtherance of effectuating the  provisions  of  section  44  of  the
    39  legislative law and section 70-b of the public officers law.
    40    §  3.  This act shall take effect immediately; provided, however, that
    41  section one of this act shall take effect on the same date  and  in  the
    42  same  manner as a chapter of the laws of 2019, relating to directing the
    43  metropolitan transportation authority to rename certain subway stations,
    44  as proposed in legislative bills numbers S. 3439-A and A. 1512-A.
 
    45                                  SUBPART I
 
    46    Section 1. Section 3 of chapter 383 of the laws of 2019  amending  the
    47  public authorities law relating to the Roosevelt Island operating corpo-
    48  ration is amended to read as follows:
    49    § 3.  Title 35 of Article 8 of the public authorities law constituting
    50  the  Roosevelt Island operating corporation created by this act shall be
    51  deemed for all purposes to be a continuation  of  the  Roosevelt  Island
    52  operating  corporation  as  it was constituted immediately preceding the

        S. 7505--B                         52                         A. 9505--B
 
     1  effective date of this act and shall not be construed as a newly created
     2  corporation. All members of the Roosevelt Island  operating  corporation
     3  board  of  directors  appointed  to the board of the corporation as such
     4  corporation  was constituted immediately preceding the effective date of
     5  this act shall continue in office until the expiration  of  their  terms
     6  and  until  their successors are appointed and have qualified. All unex-
     7  pended balances of appropriations of monies heretobefore made  or  allo-
     8  cated  to the Roosevelt Island operating corporation as such corporation
     9  was constituted immediately preceding the effective  date  of  this  act
    10  whether  obligated  or  unobligated,  are hereby transferred to and made
    11  available to the Roosevelt Island operating corporation  as  created  by
    12  this  act. All rules, regulations, orders, determinations, and decisions
    13  of the Roosevelt Island operating corporation,  as  it  was  constituted
    14  immediately  preceding the effective date of this act, shall continue in
    15  full force and effect as rules, regulations, orders, determinations  and
    16  decisions  of the Roosevelt Island operating corporation created by this
    17  act.
    18    § 4. This act shall take effect immediately.
    19    § 2. This act shall take effect immediately and  shall  be  deemed  to
    20  have  been  in  full  force  and effect on the same date and in the same
    21  manner as chapter 383 of the laws of 2019 took effect.
 
    22                                  SUBPART J
 
    23    Section 1. Subdivisions 15 and 16 of section 202  of  the  elder  law,
    24  subdivision  15  as  amended by section 31-b of part AA of chapter 56 of
    25  the laws of 2019, and subdivision 16 as added by chapter 455 of the laws
    26  of 2016, are amended and a new  subdivision  17  is  added  to  read  as
    27  follows:
    28    15. to periodically, in consultation with the state director of veter-
    29  ans' services, review the programs operated by the office to ensure that
    30  the  needs  of the state's aging veteran population are being met and to
    31  develop improvements to programs to meet such needs; [and]
    32    16. to the extent appropriations are available,  and  in  consultation
    33  with the office of children and family services, conduct a public educa-
    34  tion  campaign  that  emphasizes  zero-tolerance  for  elder abuse. Such
    35  campaign shall include information about the signs and symptoms of elder
    36  abuse, identification of potential  causes  of  elder  abuse,  resources
    37  available  to  assist  in the prevention of elder abuse, where suspected
    38  elder abuse can be reported, contact information for  programs  offering
    39  services  to  victims  of elder abuse such as counseling, and assistance
    40  with arranging personal care and shelter. Such campaign may include, but
    41  not be limited to:  printed  educational  and  informational  materials;
    42  audio,  video, electronic, other media; and public service announcements
    43  or advertisements[.]; and
    44    17. subject to an appropriation, make available to designated agencies
    45  as defined in paragraph (a) of subdivision one of  section  two  hundred
    46  fourteen  of  this  title, a training program for the purpose of raising
    47  awareness, removing barriers and improving  services  for  older  adults
    48  based  on  their sexual orientation and gender identity or expression as
    49  defined in section two hundred ninety-two of  the  executive  law.  Such
    50  training program may include:
    51    (i) an overview of the history, unique needs, and concerns of lesbian,
    52  gay,  bisexual,  transgender,  asexual, gender non-conforming and gender
    53  non-binary older adults;

        S. 7505--B                         53                         A. 9505--B
 
     1    (ii) reasons why lesbian, gay, bisexual, transgender, asexual,  gender
     2  non-conforming  and  gender  non-binary  older  adults may choose not to
     3  self-identify; and
     4    (iii)  tools  that  may be used to incorporate lesbian, gay, bisexual,
     5  transgender, asexual, gender non-conforming and gender non-binary  older
     6  adult  concerns  into direct care and steps that may be taken to improve
     7  the quality of services and support provided.
     8    § 2. Subdivisions 13 and 14 of section 203 of the elder law, as  added
     9  by a chapter of the laws of 2019, amending the elder law relating to the
    10  state  office  for  the aging sexual discrimination training program, as
    11  proposed in legislative bills numbers S. 5958 and A. 7593, are REPEALED.
    12    § 3. This act shall take effect on the  same  date  and  in  the  same
    13  manner as a chapter of the laws of 2019, amending the elder law relating
    14  to  the  state  office  for  the  aging  sexual  discrimination training
    15  program, as proposed in legislative bills numbers S. 5958 and  A.  7593,
    16  takes effect.
 
    17                                  SUBPART K
 
    18    Section  1.  Subparagraph  (B)  of  paragraph  1  of subsection (a) of
    19  section 3240 of the insurance law, as amended by chapter 461 of the laws
    20  of 2015, clause (ii) as amended by a chapter of the laws of 2019, amend-
    21  ing the insurance law relating to policies or contracts  which  are  not
    22  included  in the definition of student accident and health insurance, as
    23  proposed in legislative bills numbers S. 6197 and A. 492, is amended  to
    24  read as follows:
    25    (B) "Student accident and health insurance" shall not include:
    26    (i)  a policy or contract that provides limited scope dental or vision
    27  benefits meeting the definition of  "excepted  benefits"  set  forth  in
    28  section  2791 of the public health service act, 42 U.S.C. § 300gg-91(c);
    29  [or]
    30    (ii) [a] an accident policy or contract that provides benefits meeting
    31  the definition of "excepted benefits" set forth in section 2791  of  the
    32  public  health  service  act,  42 U.S.C. § 300gg-91(c), if the policy or
    33  contract [is limited to insurance coverage for personal  risks  incident
    34  to  planned  travel,  including sickness, accident, disability, or death
    35  occurring during travel, provided that  such  health  benefits  are  not
    36  offered on a stand-alone basis and are incidental to other coverage.
    37    (iii)  an  accident  policy or contract that provides benefits meeting
    38  the definition of "excepted benefits" set forth in section 2791  of  the
    39  public  health  service  act,  42 U.S.C. § 300gg-91(c), if the policy or
    40  contract]:
    41    (I) is limited to coverage for intercollegiate sports injuries only;
    42    (II) provides benefits  to  diagnose  and  treat  any  intercollegiate
    43  sports  injury  and does not include a benefit dollar maximum amount per
    44  injury that is less than the overall benefit dollar maximum  amount  per
    45  student under the intercollegiate sports injury policy or contract;
    46    (III) provides benefits on an expense incurred basis;
    47    (IV)  provides  that  premiums  are paid in full by the institution of
    48  higher education;
    49    (V) includes prominent disclosure to the  student  that  the  accident
    50  policy is not a substitute for comprehensive hospital and medical cover-
    51  age;
    52    (VI)  provides coverage for intercollegiate sports injuries primary to
    53  any student accident and health insurance  policy  or  contract  or  any
    54  student  health plan issued pursuant to section one thousand one hundred

        S. 7505--B                         54                         A. 9505--B
 
     1  twenty-four of this chapter; except that a policy  or  contract  meeting
     2  the  requirements  of  this item may be excess or secondary to any other
     3  policy or contract of accident and health insurance; and
     4    (VII)  includes  a  maximum  benefit  amount  that is no less than the
     5  deductible under the separate athletic association policy or contract if
     6  designed to coordinate with a separate policy or contract issued  to  an
     7  athletic  association  that  extends coverage for intercollegiate sports
     8  injuries;
     9    (iii) an accident policy or contract that  provides  benefits  meeting
    10  the  definition  of "excepted benefits" set forth in section 2791 of the
    11  public health service act, 42 U.S.C. § 300gg-91(c)(1)(A), if the  policy
    12  or contract:
    13    (I)  is  limited  to  transportation  expenses in the event an insured
    14  student incurs a covered sickness or accident, including  transportation
    15  expenses for a medical escort to travel with the student and transporta-
    16  tion expenses for returning the student to the student's domicile;
    17    (II)  provides  that  premiums  are paid in full by the institution of
    18  higher education;
    19    (III) covers students enrolled in the institution of higher education;
    20    (IV) includes prominent disclosure to the student  that  the  accident
    21  policy is not a substitute for comprehensive hospital and medical cover-
    22  age; and
    23    (V) provides coverage for a period of twelve months; or
    24    (iv)  an  insurance  policy,  contract,  or  certificate that provides
    25  hospital, medical, or surgical expense  coverage  for  a  student  while
    26  studying outside the United States for a period of twelve months or less
    27  that  is  issued to a student, provided that the student is also covered
    28  by comprehensive hospital and medical coverage within the United  States
    29  and the insurance policy, contract, or certificate:
    30    (I)  is subject to the requirements of subsections (b), (c), (d), (e),
    31  (h), and (i) of this section;
    32    (II) meets the definition of "expatriate health plan" set forth in  42
    33  U.S.C. § 18014(d)(2);
    34    (III) excludes coverage within the United States;
    35    (IV)  may offer coverage for global evacuation and repatriation in the
    36  event of the insured student's sickness or accident; and
    37    (V) may offer  coverage  for  trip  cancellation,  trip  interruption,
    38  baggage,  personal  effects,  or  global  evacuation  and  repatriation,
    39  including evacuation in the event of a  natural  or  man-made  disaster,
    40  such as an epidemic, political event, war, terrorist act, riot, or civil
    41  insurrection,  pursuant to section three thousand four hundred fifty-two
    42  of this chapter.
    43    § 2. Clause (iii) of subparagraph (C) of paragraph 3 of subsection (a)
    44  of section 4237 of the insurance law, as amended by chapter 461  of  the
    45  laws of 2015, is amended to read as follows:
    46    (iii)  as described in item (ii), (iii) or (iv) of subparagraph (B) of
    47  paragraph one of subsection (a) of section three  thousand  two  hundred
    48  forty of this chapter.
    49    §  3.  Paragraphs  3, 4 and 5 of subsection (a) of section 3452 of the
    50  insurance law, as added by chapter 318 of the laws of 2008, are  amended
    51  to read as follows:
    52    (3) The policy may be issued to:
    53    (A)  any  railroad  company, steamship company, carrier by air, public
    54  bus carrier, or other common  carrier  of  passengers,  which  shall  be
    55  deemed the policyholder, where the policy insures its passengers; [or]

        S. 7505--B                         55                         A. 9505--B
 
     1    (B) an institution of higher education as provided in paragraph two of
     2  subsection (a) of section three thousand two hundred forty of this chap-
     3  ter; or
     4    (C) any other group where the superintendent has determined in a regu-
     5  lation  that  the members are engaged in a common enterprise, or have an
     6  economic or social affinity or relationship, and that  the  issuance  of
     7  the policy would not be contrary to the best interests of the public.
     8    (4)  [The] (A) Except as provided in subparagraph (B) of paragraph one
     9  of subsection (a) of section three thousand two hundred  forty  of  this
    10  chapter,  the  policy  may  provide coverage for trip cancellation, trip
    11  interruption, baggage, and personal effects when limited to  a  specific
    12  trip.  The  policy  shall  be  sold  in  connection  with transportation
    13  provided by the common carrier or,  with  respect  to  other  groups  as
    14  permitted  by  the  superintendent in accordance with subparagraph [(B)]
    15  (C) of paragraph three of this subsection, subject to  such  limitations
    16  provided in the regulation promulgated by the superintendent.
    17    (B) A policy issued to an institution of higher education shall comply
    18  with  clause  (V)  of  item (iv) of subparagraph (B) of paragraph one of
    19  subsection (a) of section three thousand two hundred forty of this chap-
    20  ter.
    21    (5) Coverage under the policy shall be limited to the  group  member's
    22  risks  with  respect  to a particular trip, except a policy issued to an
    23  institution of higher education shall comply with item (iv) of  subpara-
    24  graph  (B)  of paragraph one of subsection (a) of section three thousand
    25  two hundred forty of this chapter.
    26    § 4. Paragraph 1 of subsection (c) of section 3452  of  the  insurance
    27  law,  as added by chapter 318 of the laws of 2008, is amended to read as
    28  follows:
    29    (1) Unless the group policy provides for a longer policy  period,  the
    30  policy shall be issued or renewed for a one-year policy period, except a
    31  policy  issued  to an institution of higher education shall be issued or
    32  renewed for a period consistent with item (iv) of  subparagraph  (B)  of
    33  paragraph  one  of  subsection (a) of section three thousand two hundred
    34  forty of this chapter.
    35    § 5. Subparagraph (B) of paragraph 7 of subsection (c) of section 3452
    36  of the insurance law, as added by chapter 318 of the laws  of  2008,  is
    37  amended to read as follows:
    38    (B) The coverage shall terminate as provided in the certificate, which
    39  shall  in  no  event  be  later  than the conclusion of the trip, except
    40  coverage under a policy issued to an institution of higher education  as
    41  provided in item (iv) of subparagraph (B) of paragraph one of subsection
    42  (a)  of  section  three thousand two hundred forty of this chapter shall
    43  terminate in accordance with the provisions of that section.
    44    § 6. This act shall take effect on the  same  date  and  in  the  same
    45  manner  as  a  chapter  of  the laws of 2019, amending the insurance law
    46  relating to policies or contracts which are not included  in  the  defi-
    47  nition of student accident and health insurance, as proposed in legisla-
    48  tive bills numbers S. 6197 and A. 492, takes effect.
 
    49                                  SUBPART L
 
    50    Section  1.  Subdivision 5 of section 1017 of the family court act, as
    51  added by a chapter of the laws of 2019 amending the family court act and
    52  the social services law relating to notice of indicated reports of child
    53  maltreatment and changes of placement in child protective and  voluntary

        S. 7505--B                         56                         A. 9505--B
 
     1  foster care placement and review proceedings, as proposed in legislative
     2  bills numbers S. 6215 and A. 7974, is amended to read as follows:
     3    5.  In  any  case  in  which an order has been issued pursuant to this
     4  article remanding or placing a child in the custody of the local  social
     5  services  district,  the  social  services official or authorized agency
     6  charged with custody or care of the child shall report  any  anticipated
     7  change  in  placement to the [attorneys for the parties and the attorney
     8  for the child not later than ten days prior to such change in  any  case
     9  in  which  the child is moved from the foster home or program into which
    10  he or she has been placed or in which the foster  parents  move  out  of
    11  state  with the child; provided, however, that where an immediate change
    12  of placement on an emergency basis is  required,  the  report  shall  be
    13  transmitted  no  later  than  the next business day after such change in
    14  placement has been made. The  social  services  official  or  authorized
    15  agency  shall  also submit a report to the attorneys for the parties and
    16  the attorney for the child or include in the placement change report any
    17  indicated report of child abuse or maltreatment concerning the child  or
    18  (if  a  person  or persons caring for the child is or are the subject of
    19  the report) another child in the same home within five days of the indi-
    20  cation of the report. The official or agency may protect  the  confiden-
    21  tiality  of  identifying  or address information regarding the foster or
    22  prospective adoptive parents.   Reports regarding indicated  reports  of
    23  child  abuse or maltreatment provided pursuant to this subdivision shall
    24  include a statement advising recipients that  the  information  in  such
    25  report  of child abuse or maltreatment shall be kept confidential, shall
    26  be used only in connection with  a  proceeding  under  this  article  or
    27  related  proceedings under this act and may not be redisclosed except as
    28  necessary for such proceeding or proceedings and as authorized  by  law.
    29  Reports  under  this  paragraph  may  be  transmitted by any appropriate
    30  means, including, but not limited to, by electronic means  or  placement
    31  on  the  record during proceedings in family court] court and the attor-
    32  neys for the parties, including the attorney for the  child,  forthwith,
    33  but  not  later  than  one business day following either the decision to
    34  change the placement or the actual date the placement  change  occurred,
    35  whichever is sooner. Such notice shall indicate the date that the place-
    36  ment  change  is  anticipated  to occur or the date the placement change
    37  occurred, as applicable. Provided, however,  if  such  notice  lists  an
    38  anticipated  date  for  the  placement change, the local social services
    39  district or authorized agency shall subsequently notify  the  court  and
    40  attorneys  for the parties, including the attorney for the child, of the
    41  date the placement change occurred; such notice  shall  occur  no  later
    42  than one business day following the placement change.
    43    § 2. Subdivision (j) of section 1055 of the family court act, as added
    44  by  a  chapter of the laws of 2019 amending the family court act and the
    45  social services law relating to notice of  indicated  reports  of  child
    46  maltreatment  and changes of placement in child protective and voluntary
    47  foster care placement and review proceedings, as proposed in legislative
    48  bills numbers S. 6215 and A. 7974, is amended to read as follows:
    49    (j) In any case in which an order has been  issued  pursuant  to  this
    50  section  placing  a  child in the custody or care of the commissioner of
    51  social services, the  social  services  official  or  authorized  agency
    52  charged with custody of the child shall report any anticipated change in
    53  placement  to  the  [attorneys  for the parties and the attorney for the
    54  child not later than ten days prior to such change in any case in  which
    55  the  child is moved from the foster home or program into which he or she
    56  has been placed or in which the foster parents move out  of  state  with

        S. 7505--B                         57                         A. 9505--B

     1  the  child;  provided, however, that where an immediate change of place-
     2  ment on an emergency basis is required, the report shall be  transmitted
     3  no  later  than the next business day after such change in placement has
     4  been  made. The social services official or authorized agency shall also
     5  submit a report to the attorneys for the parties and  the  attorney  for
     6  the child or include in the placement change report any indicated report
     7  of  child  abuse or maltreatment concerning the child or (if a person or
     8  persons caring for the child is or are the subject of the report) anoth-
     9  er child in the same home within five days  of  the  indication  of  the
    10  report.  The official or agency may protect the confidentiality of iden-
    11  tifying or address information regarding the foster or prospective adop-
    12  tive parents. Reports regarding indicated  reports  of  child  abuse  or
    13  maltreatment  provided  pursuant  to  this  subdivision  shall include a
    14  statement advising recipients that the information  in  such  report  of
    15  child  abuse  or  maltreatment shall be kept confidential, shall be used
    16  only in connection with a  proceeding  under  this  article  or  related
    17  proceedings  under  this act and may not be redisclosed except as neces-
    18  sary for such proceeding  or  proceedings  and  as  authorized  by  law.
    19  Reports  under  this  paragraph  may  be  transmitted by any appropriate
    20  means, including, but not limited to, by electronic means  or  placement
    21  on  the  record during proceedings in family court] court and the attor-
    22  neys for the parties, including the attorney for the  child,  forthwith,
    23  but  not  later  than  one business day following either the decision to
    24  change the placement or the actual date the placement  change  occurred,
    25  whichever is sooner. Such notice shall indicate the date that the place-
    26  ment  change  is  anticipated  to occur or the date the placement change
    27  occurred, as applicable. Provided, however,  if  such  notice  lists  an
    28  anticipated  date  for  the  placement change, the local social services
    29  district or authorized agency shall subsequently notify  the  court  and
    30  attorneys  for the parties, including the attorney for the child, of the
    31  date the placement change occurred; such notice  shall  occur  no  later
    32  than one business day following the placement change.
    33    §  3.  Clause  (H) of subparagraph (vii) of paragraph 2 of subdivision
    34  (d) of section 1089 of the family court act, as added by  a  chapter  of
    35  the  laws  of 2019 amending the family court act and the social services
    36  law relating to notice of indicated reports of  child  maltreatment  and
    37  changes  of  placement  in  child  protective  and voluntary foster care
    38  placement and review  proceedings,  as  proposed  in  legislative  bills
    39  numbers S. 6215 and A. 7974, is amended to read as follows:
    40    (H) a direction that the social services official or authorized agency
    41  charged  with care and custody or guardianship and custody of the child,
    42  as applicable, report any anticipated change in placement to the [attor-
    43  neys for the parties and the attorney for the child not later  than  ten
    44  days  prior  to such change in any case in which the child is moved from
    45  the foster home or program into which he or she has been  placed  or  in
    46  which  the  foster  parents  move out of state with the child; provided,
    47  however, that where an immediate change of  placement  on  an  emergency
    48  basis  is  required,  the  report shall be transmitted no later than the
    49  next business day after such change in  placement  has  been  made.  The
    50  social services official or authorized agency shall also submit a report
    51  to  the  attorneys  for  the  parties  and the attorney for the child or
    52  include in the placement change report any  indicated  report  of  child
    53  abuse  or  maltreatment  concerning the child or (if a person or persons
    54  caring for the child is or are the subject of the report) another  child
    55  in  the  same home within five days of the indication of the report. The
    56  official or agency may protect the  confidentiality  of  identifying  or

        S. 7505--B                         58                         A. 9505--B

     1  address   information  regarding  the  foster  or  prospective  adoptive
     2  parents. Reports under this paragraph shall not be sent to attorneys for
     3  birth parents whose parental rights have been  terminated  or  who  have
     4  surrendered their child or children. Reports regarding indicated reports
     5  of  child  abuse  or  maltreatment provided pursuant to this subdivision
     6  shall include a statement advising recipients that  the  information  in
     7  such  report  of child abuse or maltreatment shall be kept confidential,
     8  shall be used only in connection with a proceeding under this article or
     9  related proceedings under this act and may not be redisclosed except  as
    10  necessary  for  such proceeding or proceedings and as authorized by law.
    11  Reports under this paragraph may be transmitted by any appropriate means
    12  including, but not limited to, by electronic means or placement  on  the
    13  record  during  proceedings in family court] court and the attorneys for
    14  the parties, including the attorney for the child,  forthwith,  but  not
    15  later  than one business day following either the decision to change the
    16  placement or the actual date the placement change occurred, whichever is
    17  sooner. Such notice shall indicate the date that the placement change is
    18  anticipated to occur or the  date  the  placement  change  occurred,  as
    19  applicable.  Provided, however, if such notice lists an anticipated date
    20  for the placement change, the local social services district or  author-
    21  ized  agency  shall  subsequently notify the court and attorneys for the
    22  parties, including the attorney for the child, of the date the placement
    23  change occurred; such notice shall occur no later than one business  day
    24  following the placement change; and
    25    §  4.  Paragraph  (g)  of subdivision 3 of section 358-a of the social
    26  services law, as added by a chapter of the laws  of  2019  amending  the
    27  family court act and the social services law relating to notice of indi-
    28  cated  reports  of  child maltreatment and changes of placement in child
    29  protective and voluntary foster care placement and  review  proceedings,
    30  as proposed in legislative bills numbers S. 6215 and A. 7974, is amended
    31  to read as follows:
    32    (g)  In  any  case  in which an order has been issued pursuant to this
    33  section  approving  a  foster  care  placement  instrument,  the  social
    34  services  official  or authorized agency charged with custody or care of
    35  the child shall report  any  anticipated  change  in  placement  to  the
    36  [attorneys for the parties and the attorney for the child not later than
    37  ten  days  prior  to such change in any case in which the child is moved
    38  from the foster home or program into which he or she has been placed  or
    39  in  which the foster parents move out of state with the child; provided,
    40  however, that where an immediate change of  placement  on  an  emergency
    41  basis  is  required,  the  report shall be transmitted no later than the
    42  next business day after such change in placement has  been  made.    The
    43  social services official or authorized agency shall also submit a report
    44  to  the  attorneys  for  the  parties  and the attorney for the child or
    45  include in the placement change report any  indicated  report  of  child
    46  abuse  or  maltreatment  concerning the child or (if a person or persons
    47  caring for the child is or are the subject of the report) another  child
    48  in  the  same home within five days of the indication of the report. The
    49  official or agency may protect the  confidentiality  of  identifying  or
    50  address   information  regarding  the  foster  or  prospective  adoptive
    51  parents.    Reports  regarding  indicated  reports  of  child  abuse  or
    52  maltreatment  provided  pursuant  to  this  subdivision  shall include a
    53  statement advising recipients that the information  in  such  report  of
    54  child  abuse  or  maltreatment shall be kept confidential, shall be used
    55  only in connection with a  proceeding  under  this  section  or  related
    56  proceedings under the family court act and may not be redisclosed except

        S. 7505--B                         59                         A. 9505--B

     1  as  necessary  for  such  proceeding or proceedings and as authorized by
     2  law.  Reports under this paragraph may be transmitted by any appropriate
     3  means including, but not limited to, by electronic means or placement on
     4  the  record  during proceedings in family court] court and the attorneys
     5  for the parties, including the attorney for the  child,  forthwith,  but
     6  not  later than one business day following either the decision to change
     7  the placement or the actual date the placement change occurred, whichev-
     8  er is sooner. Such notice shall indicate the  date  that  the  placement
     9  change  is  anticipated  to  occur  or  the  date  the  placement change
    10  occurred, as applicable. Provided, however,  if  such  notice  lists  an
    11  anticipated  date  for  the  placement change, the local social services
    12  district or authorized agency shall subsequently notify  the  court  and
    13  attorneys  for the parties, including the attorney for the child, of the
    14  date the placement change occurred; such notice  shall  occur  no  later
    15  than one business day following the placement change.
    16    §  5.  This  act  shall  take  effect on the same date and in the same
    17  manner as a chapter of the laws of 2019 amending the  family  court  act
    18  and  the  social services law relating to notice of indicated reports of
    19  child maltreatment and changes of  placement  in  child  protective  and
    20  voluntary  foster  care placement and review proceedings, as proposed in
    21  legislative bills numbers S. 6215 and A. 7974, takes effect.
 
    22                                  SUBPART M
 
    23    Section 1. Subdivision 18 of section 5-211 of  the  election  law,  as
    24  amended  by  a  chapter  of  the laws of 2019, amending the election law
    25  relating to voter registration  form  distribution  and  assistance,  as
    26  proposed  in  legislative  bills  numbers  S. 1128-A and A.   2599-A, is
    27  amended to read as follows:
    28    18. (a) (i) On or before  January  first,  two  thousand  twenty,  all
    29  institutions of the state university of New York and the city university
    30  of  New  York  shall create and make available to all students a webpage
    31  for voter education on each such  institution's  website,  containing  a
    32  link  to an application for voter registration, a link to an application
    33  for an absentee ballot, contact information  for  the  county  board  of
    34  elections,  and  the  name and contact information for the administrator
    35  responsible for voter registration assistance on each campus.
    36    (ii) Each such institution shall, at the beginning of the school year,
    37  and again in January of a year in which  the  president  of  the  United
    38  States  is  to be elected, provide an application for voter registration
    39  and an application for an absentee ballot to each student in  each  such
    40  institution.  [Such institutions shall also offer each student an appli-
    41  cation for an absentee ballot. Such institutions shall provide the  same
    42  degree of assistance as required of participating agencies.] Each insti-
    43  tution  shall  be considered in compliance with [these] the requirements
    44  of this subparagraph for each student to whom the institution  electron-
    45  ically  transmits a message containing the link to the webpage for voter
    46  education [and], the link to an application for voter  registration  and
    47  the  link  to an application for an absentee ballot, if such information
    48  is in an electronic message devoted exclusively to voter registration.
    49    (iii) Each such institution shall provide the same degree  of  assist-
    50  ance as required of participating agencies.
    51    (b)  [Each  institution] The state university of New York and the city
    52  university of New York, on behalf of each institution within its system,
    53  shall on or before [January] June first, two thousand twenty,  and  each

        S. 7505--B                         60                         A. 9505--B
 
     1  subsequent  year, submit a report disaggregated according to each insti-
     2  tution to the state board of elections that includes:
     3    (i) the efforts of the institution to register voters in the preceding
     4  calendar year;
     5    (ii)  a  date-stamped  screen  shot of the webpage for voter education
     6  that contains the required  information  under  paragraph  (a)  of  this
     7  subdivision;
     8    (iii)  the  number  of students who were registered for course work in
     9  the preceding twelve months  at  such  institution  and  the  number  of
    10  [students  who clicked] clicks on the links to online voter registration
    11  and absentee ballot applications; and
    12    (iv) any other efforts or recommendations  the  institution  plans  to
    13  implement  to  improve  access to voter registration and absentee ballot
    14  voting for students at the institution.
    15    (c) The state board of  elections  shall  make  the  reports  provided
    16  pursuant  to paragraph (b) of this subdivision publicly available on its
    17  website.
    18    § 2. This act shall take effect on the  same  date  and  in  the  same
    19  manner  as  a  chapter  of  the  laws of 2019, amending the election law
    20  relating to voter registration  form  distribution  and  assistance,  as
    21  proposed  in  legislative  bills numbers S. 1128-A and A.  2599-A, takes
    22  effect.
 
    23                                  SUBPART N
 
    24    Section 1. Subparagraph (v) of  paragraph  (a)  of  subdivision  2  of
    25  section  9-209 of the election law, as added by a chapter of the laws of
    26  2019 amending the election law relating to canvass of  ballots  cast  by
    27  certain  voters,  as proposed in legislative bills numbers S. 3045-B and
    28  A. 1320-A, is amended to read as follows:
    29    (v) If the board of elections determines that a person was entitled to
    30  vote at such election, the board shall cast and canvass such  ballot  if
    31  such board finds that the voter substantially complied with the require-
    32  ments  of this chapter. For purposes of this subparagraph, substantially
    33  complied shall mean the board  can  determine  the  voter's  eligibility
    34  based on the statement of the affiant or records of the board.
    35    §  2.  This  act  shall  take  effect on the same date and in the same
    36  manner as a chapter of the laws of 2019 amending the election law relat-
    37  ing to canvass of ballots cast by certain voters, as proposed in  legis-
    38  lative bills numbers S. 3045-B and A. 1320-A, takes effect.

    39                                  SUBPART O
 
    40    Section  1. Article 33 of the labor law, as added by section 1 of part
    41  A of a chapter of the laws of 2019, amending the labor law and the state
    42  finance law relating to requiring the licensing of  persons  engaged  in
    43  the  design,  construction,  inspection,  maintenance,  alteration,  and
    44  repair of elevators  and  other  automated  people  moving  devices,  as
    45  proposed  in  legislative  bills  numbers  S.  4080-C  and A. 4509-A, is
    46  REPEALED and a new article 33 is added to read as follows:
    47                                 ARTICLE 33
    48                 ELEVATORS AND OTHER CONVEYANCES; LICENSING
    49  Section 950. Application.
    50          951. Definitions.
    51          952. Licensing and compliance requirements.
    52          953. License procedure.

        S. 7505--B                         61                         A. 9505--B
 
     1          954. Qualifications, training, and continuing education.
     2          955. Powers of the commissioner.
     3          956. New  York  state  elevator  safety  and  standards advisory
     4                 board.
     5          957. Exempt persons.
     6    § 950. Application. 1. This article covers licensing of businesses and
     7  occupations  that  engage   in   design,   construction,   installation,
     8  inspection, testing, maintenance, alteration, service, and repair of the
     9  following equipment:
    10    (a)  hoisting  and lowering mechanisms equipped with a car or platform
    11  which moves between two or more landings. This equipment  includes,  but
    12  is  not limited to elevators, platform lifts, and non-residential stair-
    13  way chair lifts;
    14    (b) power driven stairways and walkways for carrying  persons  between
    15  landings. This equipment includes, but is not limited to, escalators and
    16  moving walks;
    17    (c) hoisting and lowering mechanisms equipped with a car, which serves
    18  two  or  more  landings and is restricted to the carrying of material by
    19  its limited size or limited access to the car. This equipment  includes,
    20  but is not limited to, dumbwaiters, material lifts, and dumbwaiters with
    21  automatic  transfer devices as defined in section nine hundred fifty-one
    22  of this article; and
    23    (d) automatic guided transit vehicles on guideways with  an  exclusive
    24  right-of-way.  This equipment includes, but is not limited to, automated
    25  people movers.
    26    2. The following equipment is not covered by this article:
    27    (a) personnel and material hoists;
    28    (b) manlifts;
    29    (c) mobile scaffolds, towers, and platforms;
    30    (d)  powered platforms and equipment for exterior and interior mainte-
    31  nance;
    32    (e) conveyor and related equipment;
    33    (f) cranes, derricks, hoists, hooks, jacks, and slings;
    34    (g) industrial trucks;
    35    (h) portable equipment, except for portable escalators;
    36    (i) tiering and piling machines used to move  materials  to  and  from
    37  storage located and operating entirely within one story;
    38    (j)  equipment for feeding or positioning materials including, but not
    39  limited to, machine tools and printing presses;
    40    (k) skip or furnace hoists;
    41    (l) wharf ramps;
    42    (m) railroad car lifts or dumpers;
    43    (n) stairway chairlifts for private residences; and
    44    (o) line jacks, false cars, shafters, moving  platforms,  and  similar
    45  equipment  used  for  installing an elevator by a contractor licensed in
    46  this state.
    47    3. The licensing provisions of this article shall  not  apply  to  the
    48  owners  or lessees of private residences who design, construct, install,
    49  alter, repair, service, or maintain conveyances that are located or will
    50  be located in such owner or lessee's  private  residence.  However,  any
    51  person  hired  to  design,  construct,  install, alter, repair, service,
    52  maintain, or perform any other work related  to  such  conveyances  must
    53  comply with the provisions of this article.
    54    4.  No  license  shall  be  required for the removal or dismantling of
    55  conveyances.

        S. 7505--B                         62                         A. 9505--B
 
     1    5. No license shall be required for the outfitting, removal, refinish-
     2  ing, or replacement of interior finishes, including  wall  panels,  drop
     3  ceilings,  handrails  and  flooring,  removal or replacement of interior
     4  lighting, recladding of doors, transoms and front return panels, finish-
     5  ing, or ornamental work on car operating panels.
     6    6. The provisions of this article and the rules adopted pursuant ther-
     7  eto  shall  be  the  minimum  standard  required and shall supersede any
     8  special law or local ordinance  inconsistent  therewith,  and  no  local
     9  ordinance  inconsistent  therewith  shall be adopted, but nothing herein
    10  contained shall prevent the enactment by local law or ordinance of addi-
    11  tional requirements and restrictions.
    12    7. Any municipal corporation may waive licensing fees for any individ-
    13  ual seeking an elevator license, or  its  equivalent,  offered  by  such
    14  municipal  corporation  if  such individual holds an elevator mechanic's
    15  license pursuant to this article; provided, however, that  any  elevator
    16  mechanic's  license,  or  its  equivalent, offered by a municipal corpo-
    17  ration shall not be inconsistent with the requirements of  this  article
    18  and nothing herein shall prevent the enactment by local law or ordinance
    19  of additional requirements.
    20    § 951. Definitions. As used in this article, the following terms shall
    21  have the following definitions:
    22    1.  "Automated  people  mover"  means a guided transit mode with fully
    23  automated operation, featuring vehicles that operate on  guideways  with
    24  exclusive right-of-way.
    25    2.  "Accessibility  lift"  means  elevators  or  conveyances  that are
    26  intended for transportation of persons with disabilities, such as  plat-
    27  form  lifts  and stairway chairlifts, including equipment covered by the
    28  provisions of ASME (American Society of Mechanical Engineers) A18.1 2017
    29  Safety Standard for Platform Lifts and Stairway Chairlifts.
    30    3. "Accessibility lift technician" means a person who performs  acces-
    31  sibility lift work.
    32    4. "Accessibility lift technician's license" means a restricted eleva-
    33  tor  mechanic's license that authorizes the holder to engage in accessi-
    34  bility lift work.
    35    5. "Accessibility lift work" means elevator and conveyance  work  that
    36  is restricted to accessibility lifts.
    37    6.  "Business  license"  means a license that authorizes the holder to
    38  engage in the business of elevator and conveyance work, or elevator  and
    39  conveyance inspections.
    40    7.  "Elevator  and  conveyance  work" means performing activities that
    41  include the design, construction,  installation,  testing,  maintenance,
    42  alteration, service, and repair of any elevator or conveyance.
    43    8.  "Elevator  or  conveyance" means any equipment identified in para-
    44  graphs (a) through (d) of subdivision one of section nine hundred  fifty
    45  of  this  article, including any elevator, dumbwaiter, escalator, moving
    46  sidewalk, platform lifts, non-residential stairway chairlifts and  auto-
    47  mated  people movers.   Elevator or conveyance shall not mean any equip-
    48  ment identified in subdivision two of section nine hundred fifty of this
    49  article.
    50    9.  "Elevator  and  conveyance  inspections"  means   performing   the
    51  inspection  or  any  related  testing of any elevator or conveyance, but
    52  does not include  government  regulatory  inspections  performed  by  an
    53  authority  having  jurisdiction to enforce any applicable building codes
    54  and any elevator codes.
    55    10. "Elevator" means a hoisting and lowering mechanism, equipped  with
    56  a car, that moves within guides and serves two or more landings.

        S. 7505--B                         63                         A. 9505--B
 
     1    11.  "Elevator  or conveyance component" means any elevator or convey-
     2  ance, or any parts, components, or subsystems thereof, or  any  combina-
     3  tion thereof.
     4    12.  "Elevator contractor" means any business that engages in elevator
     5  and conveyance work.
     6    13. "Elevator helper/apprentice/assistant mechanic" means  any  person
     7  who works under the general direction of a licensed elevator mechanic.
     8    14.  "Elevator  inspector"  means any person who performs elevator and
     9  conveyance inspections, whether  individually  or  through  an  elevator
    10  inspection contractor or public employer.
    11    15.  "Elevator inspection contractor" means any business that performs
    12  elevator and conveyance inspections.
    13    16. "Elevator mechanic" means any person  who  performs  elevator  and
    14  conveyance work.
    15    17.  "Escalator"  means  a power-driven, inclined, continuous stairway
    16  used for raising or lowering passengers.
    17    18. "Existing  installation"  means  an  installation  that  has  been
    18  completed  or  is under construction prior to the effective date of this
    19  article.
    20    19. "License" means a  credential  duly  issued  by  the  commissioner
    21  authorizing the holder to engage a business or an occupation whose scope
    22  includes  accessibility  lift  work, or elevator and conveyance work, or
    23  elevator and conveyance inspections.
    24    20. "Elevator contractor's license"  means  a  business  license  that
    25  entitles  the  holder  thereof to engage in the business of elevator and
    26  conveyance work in this state.
    27    21.  "Elevator  inspection  contractor's  license"  means  a  business
    28  license  that  entitles  the holder thereof to engage in the business of
    29  elevator and conveyance inspections in this state.
    30    22. "Elevator mechanic's license" means an occupational  license  that
    31  entitles the holder thereof to engage in elevator and conveyance work in
    32  this state for a licensed elevator contractor.
    33    23.  "Elevator inspector's license" means an occupational license that
    34  entitles  the  holder  thereof  to  perform  elevator   and   conveyance
    35  inspections in this state for a licensed elevator inspection contractor.
    36    24.  "Elevator  accessibility  technician's  license" means an occupa-
    37  tional license that entitles the holder thereof to  engage  in  elevator
    38  and  conveyance  work in this state that is restricted to platform lifts
    39  including those installed in private residences which are covered by the
    40  provisions of ASME (American Society of Mechanical Engineers) codes  and
    41  standards  A18.1  2017  Safety  Standard for Platform Lifts and Stairway
    42  Chairlifts and any successor standard for just platform lifts and stair-
    43  way chairlifts.  An  applicant  for  such  a  restricted  license  shall
    44  complete  an  application approved by the commissioner and shall have at
    45  least three years verified work experience in constructing, maintaining,
    46  and repairing such lifts and shall provide the  commissioner  a  certif-
    47  icate of completion of an accessibility training program for lifts under
    48  the  scope of A18.1 2017 such as the certified accessibility and private
    49  residence lift technician (CAT) training provided by the National  Asso-
    50  ciation  of  Elevator  Contractors  (NAEC),  or an equivalent program as
    51  determined by the commissioner.
    52    25. "Moving walk/sidewalk" means a type of  passenger-carrying  device
    53  on  which  passengers stand or walk, and in which the passenger-carrying
    54  surface remains parallel to its direction  of  motion  and  is  uninter-
    55  rupted.

        S. 7505--B                         64                         A. 9505--B
 
     1    26.  "Occupational license" means a license that authorizes the holder
     2  to engage in accessibility lift work, or elevator and conveyance work or
     3  elevator and conveyance inspections.
     4    27. "Person" means any natural person.
     5    28.  "Business"  means any corporation, or instrumentality of a corpo-
     6  ration, self-employed person, company, unincorporated association, firm,
     7  partnership, limited liability company, corporation, or any other  enti-
     8  ty, or any owner or operator of any of the foregoing entities.
     9    29. "Private residence" means a separate dwelling or a separate apart-
    10  ment  in  a  multiple dwelling, which is occupied by members of a single
    11  family unit.
    12    30. "Repair" means  reconditioning  or  renewal  of  any  elevator  or
    13  conveyance  or  component necessary to keep such equipment in compliance
    14  with applicable code requirements.
    15    31. "Alteration" means any change to any conveyance or component other
    16  than maintenance, repair, or replacement,  but  shall  not  include  the
    17  professional  services  of  engineering  or  architecture  as defined in
    18  sections seventy-two hundred one and seventy-three hundred  one  of  the
    19  education law.
    20    32.  "Design"  means the act or process of planning the repair, alter-
    21  ation, or construction of any conveyance,  but  shall  not  include  the
    22  professional  services  of  engineering  or  architecture  as defined in
    23  sections seventy-two hundred one and seventy-three hundred  one  of  the
    24  education law.
    25    33.  "Construction"  means  the  act  or  process  of constructing any
    26  conveyance, and  includes  vertically  constructing  or  connecting  any
    27  conveyance or part or system thereof.
    28    34.  "Inspection" means a critical examination, observation, or evalu-
    29  ation of quality and code compliance of any conveyance.
    30    35. "Testing" means a process or trial of operation of any conveyance.
    31    36. "Maintenance" means a process of routine examination, lubrication,
    32  cleaning, and adjustment of any conveyance or components for the purpose
    33  of ensuring performance in accordance with any applicable code  require-
    34  ments.
    35    37.  "Service  or servicing" means a service call or other unscheduled
    36  visit, not including routine maintenance or a repair,  to  troubleshoot,
    37  adjust  or  repair  an  improperly functioning or an otherwise shut down
    38  conveyance.
    39    38. "Temporarily dormant elevator, dumbwaiter, or escalator" means  an
    40  installation  temporarily  placed  out  of  service  under the following
    41  circumstances: (a) (i) when such installation's power  supply  has  been
    42  disconnected;  and  (ii)  the car is parked and any doors are closed and
    43  latched; and (iii) a wire seal is installed on the  mainline  disconnect
    44  switch  by an elevator inspector; or (b) as determined by state or local
    45  law, code, rule, or regulation.
    46    39. "Personnel and material hoists"  means  rack  and  pinion  hoists,
    47  alimaks,  and  machines  of  a  similar  nature used for the hoisting of
    48  construction material,  equipment  and  personnel,  or  the  removal  of
    49  debris, all during the construction, renovation, and/or demolition phase
    50  of any construction project whether an inside or outside hoist.
    51    40.  "Installation"  means to place or fix any conveyance or component
    52  in position for operation.
    53    41. "Subsidiary" means an entity that is controlled directly, or indi-
    54  rectly through one or more intermediaries, by an elevator contractor  or
    55  elevator inspection contractor or by such contractor's parent company.

        S. 7505--B                         65                         A. 9505--B
 
     1    42.  "Successor" means an entity engaged in work substantially similar
     2  to that of the predecessor, where there  is  substantial  continuity  of
     3  operation with that of the predecessor.
     4    43.  "Board"  means  the  New York state elevator safety and standards
     5  advisory board established by section nine  hundred  fifty-six  of  this
     6  article.
     7    §  952.  Licensing and compliance requirements. 1. Except as otherwise
     8  provided for in subdivisions three,  four,  and  five  of  section  nine
     9  hundred  fifty of this article, it shall be unlawful for any business or
    10  person:
    11    (a) to engage in the business of  elevator  and  conveyance  work,  or
    12  accessibility  lift work, or hold themselves out as an elevator contrac-
    13  tor, or both, unless such  person  or  business  has  a  valid  elevator
    14  contractor's license; or
    15    (b)  to engage in the business of elevator and conveyance inspections,
    16  or hold themselves out as an elevator  inspection  contractor,  or  both
    17  unless  such person or business has a valid elevator inspection contrac-
    18  tor's license; or
    19    (c) any combination of the above.
    20    2. Except as otherwise provided for in subdivisions three,  four,  and
    21  five of section nine hundred fifty of this article, it shall be unlawful
    22  for any person:
    23    (a)  to  engage in elevator and conveyance work, or to hold themselves
    24  out as an elevator mechanic, or both, unless such  person  has  a  valid
    25  elevator mechanic's license and works for a licensed elevator contractor
    26  or a public entity; or
    27    (b) to engage in accessibility lift work, or to hold themselves out as
    28  accessibility  lift technicians, or both, unless such person has a valid
    29  accessibility lift technician's license and works for a licensed  eleva-
    30  tor contractor or a public entity; or
    31    (c) to engage in elevator and conveyance inspections, or to hold them-
    32  selves  out  as an elevator inspector, or both, unless such person holds
    33  an elevator inspector's  license  and  works  for  a  licensed  elevator
    34  inspection contractor or a public entity; or
    35    (d)  any combination of the above, provided, however, that the instal-
    36  lation of branch circuits and wiring terminations for machine  room  and
    37  pit  lighting,  receptacles  and  HVAC as described in the NFPA National
    38  Electric Code 620.23 and 620.24 as well as fire and heat  detectors  and
    39  alarms, may be performed by a licensed electrical contractor.
    40    3.  It  shall  be  the  responsibility of licensees to ensure that any
    41  elevator and conveyance work or elevator and conveyance inspections that
    42  they perform is in compliance with existing state and local building and
    43  maintenance codes.
    44    4. It shall be the responsibility of holders of business  licenses  to
    45  ensure  that  the  licensing requirements of subdivisions one and two of
    46  this section are complied with by their employees and by businesses that
    47  they contract with, and to immediately report to  the  commissioner  any
    48  failures  to  comply with the licensing requirements of subdivisions one
    49  and two of this section by other businesses or persons that they  become
    50  aware of.
    51    §  953.  License  procedure.  All  applications  for licenses shall be
    52  submitted to the department in writing on forms furnished by the commis-
    53  sioner and shall contain the information set forth in  this  section  as
    54  well  as  any  additional information that the commissioner may require.
    55  The commissioner shall also set fees for licensing under  this  section.
    56  Upon  approval  of  an  application for a license the commissioner shall

        S. 7505--B                         66                         A. 9505--B
 
     1  issue such license which shall be valid for two years. The fees for such
     2  license and renewal thereof shall be  set  by  the  commissioner.    Any
     3  denial for such application shall set forth the reasons therefor.
     4    1. Applications for business licenses. Every application for a license
     5  under this article shall include the following:
     6    (a)  the  name,  residence address, and business address of the appli-
     7  cant;
     8    (b) the number of years the applicant has engaged in the  business  or
     9  practice of elevator contracting;
    10    (c)  the  approximate number of persons, if any, to be employed by the
    11  applicant;
    12    (d) evidence that the applicant is  or  will  be  covered  by  general
    13  liability, personal injury, and property damage insurance; and
    14    (e) any other information which the commissioner may require.
    15    2.  Application  for  occupational  licenses.  Every application for a
    16  license under this article shall include the following:
    17    (a) the name and residential address of the applicant;
    18    (b) the relevant experience of  the  applicant,  including  years,  or
    19  hours,  or  both,  of  experience  in performing elevator and conveyance
    20  work, or elevator inspection work, or both and the nature of such  expe-
    21  rience, and the names of the elevator contractors or elevator inspection
    22  contractors  that  the  applicant  has worked for, including the license
    23  numbers of such contractors;
    24    (c) any training completed by the applicant, including certificates of
    25  completion;
    26    (d) any continuing education completed  by  the  applicant,  including
    27  certificates of completion;
    28    (e)  the name and license number, if known, of the elevator contractor
    29  or elevator inspection contractor that the applicant works for or  seeks
    30  to work for; and
    31    (f) any other information which the commissioner may require.
    32    3.  The  department  shall  maintain  and  publish  a  registry of all
    33  licenses issued pursuant to this section and  shall  make  the  registry
    34  available on its website.
    35    §  954.  Qualifications,  training,  and  continuing  education. 1. No
    36  license or application for renewal shall be granted to any  business  or
    37  person  who  has  not paid the required application fee and demonstrated
    38  his or her qualifications and abilities, training,  and  any  applicable
    39  continuing  education, by obtaining and maintaining in good standing the
    40  industry certifications and continuing education identified or  required
    41  in this section.
    42    (a)  Applicants  for  an  elevator  mechanic's  license must possess a
    43  current industry certification issued by  the  National  Association  of
    44  Elevator Contractors (NAEC) as a Certified Elevator Technician (CET), or
    45  equivalent certification recognized by the commissioner.
    46    (b)  Applicants  for  an  accessibility  lift  technician license must
    47  possess a current industry certification issued by the National  Associ-
    48  ation  of  Elevator  Contractors (NAEC) as a certified accessibility and
    49  private residence lift technician (CAT) program or an equivalent certif-
    50  ication recognized by the commissioner.
    51    (c) Applicants for an elevator  inspector's  license  must  possess  a
    52  current  industry certification issued by the Qualified Elevator Inspec-
    53  tor Training Fund (QEITF) or by the  National  Association  of  Elevator
    54  Safety Authorities (NAESA) as a qualified elevator inspector (QEI) or an
    55  equivalent license recognized by the commissioner.

        S. 7505--B                         67                         A. 9505--B
 
     1    2. Applicants for an elevator contractor's license must demonstrate to
     2  the commissioner that such elevator contractor employs licensed elevator
     3  mechanics  who  perform  elevator  and conveyance work and have proof of
     4  compliance with the insurance requirements of this article.
     5    3.  Applicants  for  an  elevator inspection contractor's license must
     6  demonstrate to the satisfaction of the commissioner that such  applicant
     7  is a certified elevator inspector, or employs certified elevator inspec-
     8  tors,  or  both, to perform elevator and conveyance inspections and have
     9  proof of compliance with the insurance requirements of this article.
    10    4. Alternative qualifications. Applicants for an  elevator  mechanic's
    11  license  or  accessibility  lift technician's license who do not possess
    12  the industry certifications identified above may demonstrate their qual-
    13  ifications and abilities, training, and continuing education by  provid-
    14  ing acceptable proof of:
    15    (a)  a  certificate  of successful completion and successfully passing
    16  the mechanic examination of a nationally recognized training program for
    17  the elevator industry including, but not limited to, the national eleva-
    18  tor industry educational program or its  equivalent,  supplemented  with
    19  continuing education as may be required by this section; or
    20    (b)  a  certificate  of  successful completion of the state registered
    21  apprenticeship programs for the apprenticeable trades of Elevator Servi-
    22  cer Repairer, including the joint apprentice and training  committee  of
    23  the elevator industry of local 3, IBEW, EE division training program, or
    24  equivalent  registered  apprenticeship  program  for elevator mechanics,
    25  having standards substantially equivalent to those programs  and  regis-
    26  tered with the bureau of apprenticeship and training, U.S. department of
    27  labor  or  a  state apprenticeship council, supplemented with continuing
    28  education as may be required by this section; or
    29    (c) work on elevator construction, maintenance or repair  with  direct
    30  and  immediate  supervision  in this state for a period of not less than
    31  four years immediately prior to  the  effective  date  of  this  article
    32  supplemented with continuing education and testing as may be required by
    33  this section; or
    34    (d)  successful  completion  of  an examination established by the New
    35  York state civil service commission or a municipal civil service commis-
    36  sion having jurisdiction as defined by subdivision four of  section  two
    37  of  the  civil service law, subsequent appointment to a position related
    38  to work on elevator construction, maintenance, mechanics, inspection, or
    39  repair as may be  properly  classified  by  the  commissioner  of  civil
    40  service or a municipal civil service commission having jurisdiction, and
    41  work  on  elevator  construction, maintenance, mechanics, inspection, or
    42  repair, with direct and immediate supervision in this state for a period
    43  of not less than four years immediately prior to the effective  date  of
    44  this  article  supplemented with continuing education as may be required
    45  by this section.
    46    5. Continuing education. The renewal of all licenses granted under the
    47  provisions of subdivision four of this section shall be conditioned upon
    48  acceptable proof of completion  of  a  course  designed  to  ensure  the
    49  continuing  education  of licensees on new and existing national, state,
    50  and local conveyances codes and standards and on technology and  techni-
    51  cal  education and workplace safety, provided the applicant was notified
    52  of the availability of such courses  when  the  license  was  previously
    53  granted  or  renewed.  Such  course shall consist of not less than eight
    54  contact hours (.8 CEU) annually and completed preceding any such license
    55  renewal. The commissioner shall establish  requirements  for  continuing
    56  education  and  training  programs,  and shall approve such programs and

        S. 7505--B                         68                         A. 9505--B
 
     1  providers, as well as maintain a list of approved programs  which  shall
     2  be  made  available  to  license  applicants, permit applicants, renewal
     3  applicants and other interested parties upon request.  The  commissioner
     4  may  promulgate  rules  and  regulations  setting forth the criteria for
     5  approval of such programs, the procedures to be followed in applying for
     6  such approval, and other rules and regulations as the commissioner deems
     7  necessary and proper to effectuate the purposes of this section.
     8    6. Examinations. The board shall determine, if  after  the  successful
     9  completion  of  the  first  renewal, if an examination is warranted as a
    10  condition of a subsequent renewal provided the applicant was notified of
    11  the availability of such examination when  the  license  was  previously
    12  granted  or  renewed.  The  board shall take into consideration previous
    13  years' experience, training, and previous relevant examinations that the
    14  applicant has already completed.
    15    § 955. Powers of the commissioner. 1. The commissioner shall have  the
    16  authority  to  inspect,  or  cause to be inspected, ongoing or completed
    17  conveyance projects and to conduct an  investigation  thereof  upon  the
    18  commissioner's  own  initiation  or  upon  receipt of a complaint by any
    19  person or entity. However, nothing in this subdivision shall permit  the
    20  commissioner to enter a private residence.
    21    2.  If, upon receipt of a complaint alleging a violation of this arti-
    22  cle, the commissioner reasonably believes that such violation exists, he
    23  or she shall investigate as soon as practicable  to  determine  if  such
    24  violation  exists.  If  the commissioner determines that no violation or
    25  danger exists, the commissioner shall inform the complaining  person  or
    26  entity.  If,  upon  investigation,  the commissioner determines that the
    27  alleged violation exists, the commissioner may deem  such  violation  to
    28  create a dangerous condition for purposes of section two hundred of this
    29  chapter only and may issue a notice thereunder prohibiting further work.
    30    3. The commissioner may, after a notice and hearing, suspend or revoke
    31  a  license  issued  under  this  article  based  on any of the following
    32  violations:
    33    (a) any false statement as to a material matter in the application;
    34    (b) fraud, or misrepresentation, in securing a license;
    35    (c) failure to notify the commissioner and the owner or  lessee  of  a
    36  conveyance of any condition not in compliance with this article;
    37    (d) a violation of section nine hundred fifty-two of this article; or
    38    (e)  a  finding by the commissioner that a license holder has violated
    39  this article or any rule  or  regulation  promulgated  thereunder  twice
    40  within  a period of three years, or that a license holder has violated a
    41  provision of this article and  such  violation  resulted  in  a  serious
    42  threat  to  the  health  or  safety of an individual or individuals. The
    43  commissioner may, in addition to ordering that such license be  revoked,
    44  bar such license holder from being eligible to reapply for such license,
    45  or  any other license under this article, for a period not to exceed two
    46  years.
    47    4. (a) Except as provided in paragraph (b) of this subdivision, if the
    48  commissioner finds, after notice and hearing,  that  an  individual  has
    49  violated  any  provision  of  this article, he or she may impose a civil
    50  penalty not to exceed one thousand dollars for each such violation. Upon
    51  a second or subsequent violation within three years of the determination
    52  of a prior violation, the commissioner may impose a civil penalty not to
    53  exceed two thousand dollars.
    54    (b) The penalty provided for in paragraph (a) of this subdivision  may
    55  be  increased  to  an  amount not to exceed five thousand dollars if the
    56  violation resulted in a serious threat to the health  or  safety  of  an

        S. 7505--B                         69                         A. 9505--B
 
     1  individual  or  individuals  provided, however, that such penalty may be
     2  increased to an amount not to exceed twenty-five thousand dollars if the
     3  violation resulted in the death of any individual or individuals.
     4    5. The commissioner may bring an action in a court of competent juris-
     5  diction to enjoin any conduct that violates the provisions of this arti-
     6  cle.
     7    6.  The  board  shall examine the various state and local requirements
     8  and  industry  standards  and  practices  with   respect   to   elevator
     9  inspections  in  this  state  and  shall  provide recommendations to the
    10  commissioner  for  coordinating  existing  state,  local,  and   private
    11  inspections  to  ensure  that  elevators are being inspected by licensed
    12  inspectors.
    13    7. The commissioner may promulgate rules and regulations necessary  to
    14  carry out and effectuate the provisions of this article.
    15    § 956. New York state elevator safety and standards advisory board. 1.
    16  An  elevator  safety  and standards advisory board is hereby created, to
    17  consist of thirteen members. The governor shall appoint  seven  members,
    18  the  temporary  president of the senate shall appoint three members, and
    19  the speaker of the assembly shall appoint three members. The  appointees
    20  to  the board shall be representatives of elevator manufacturers, build-
    21  ing owners or managers, elevator industry construction workers, elevator
    22  servicing companies, elevator industry associations, elevator mechanics,
    23  or fire marshals. The board shall meet on an as needed basis  to  advise
    24  the  commissioner on the implementation of this article. The board shall
    25  elect a chairperson to serve for the term of their  appointment  to  the
    26  board.
    27    2.  The  members appointed pursuant to this section shall serve at the
    28  pleasure of the authority appointing  such  member.  The  members  shall
    29  serve without salary or compensation, but shall be reimbursed for neces-
    30  sary expenses incurred in the performance of their duties.
    31    3.  The  board  may consult with engineering authorities and organiza-
    32  tions concerned  with  standard  safety  codes,  rules  and  regulations
    33  governing  the maintenance, servicing, construction, alteration, instal-
    34  lation, and inspection of conveyances and the adequate, reasonable,  and
    35  necessary qualifications of elevator mechanics, contractors, and inspec-
    36  tors.
    37    4.  The  board  shall  have  the authority to administer, oversee, and
    38  approve examinations for the purpose of qualifying  applicants  pursuant
    39  to  subdivision  six of section nine hundred fifty-four of this article.
    40  In exercising this authority, the board shall, in its discretion, deter-
    41  mine the criteria and standards for examinations to satisfy the require-
    42  ments of this subdivision, such  as  the  mechanic  examination  of  the
    43  national  elevator  industry educational program, or an equivalent exam-
    44  ination recognized by the board, which shall satisfy the requirements of
    45  this subdivision.
    46    § 957. Exempt persons. 1. This article shall not be construed to apply
    47  to the practice, conduct, activities, or services by a  person  licensed
    48  to  practice  architecture  within  this  state  pursuant to article one
    49  hundred forty-seven of the education  law  or  engineering  within  this
    50  state pursuant to article one hundred forty-five of the education law.
    51    2.  This  article  shall  not be construed to apply to the outfitting,
    52  removal, refinishing, or replacement of interior finishes of  elevators,
    53  including wall panels, drop ceilings, handrails and flooring, removal or
    54  replacement  of  interior  lighting,  recladding  of doors, transoms and
    55  front return panels, finishing or ornamental work on elevator car  oper-
    56  ating panels.

        S. 7505--B                         70                         A. 9505--B
 
     1    3. This article shall not be construed to apply to the operation of an
     2  elevator by any person employed as an operator of such elevator, includ-
     3  ing  elevators  operating  under a temporary certificate of occupancy as
     4  issued by the appropriate issuing agency.
     5    §  2.  Subdivision  3  of section 97-ssss of the state finance law, as
     6  added by section 2 of part A of a chapter of the laws of 2019,  amending
     7  the  labor  law  and  the  state  finance  law relating to requiring the
     8  licensing of persons engaged in the  design,  construction,  inspection,
     9  maintenance,  alteration,  and  repair  of elevators and other automated
    10  people moving devices, as  proposed  in  legislative  bills  numbers  S.
    11  4080-C and A. 4509-A, is amended to read as follows:
    12    3.  Moneys of the fund shall be available to the commissioner of labor
    13  for purposes of offsetting the costs incurred  by  the  commissioner  of
    14  labor  for  the administration of article thirty-three of the labor law,
    15  including the administration of elevator and related conveyances  safety
    16  programs, the administration of licenses [and permits], and the adminis-
    17  tration  of  [certificates  of  operation] licenses as set forth in such
    18  article thirty-three.
    19    § 3. The undesignated paragraph subtitled "elevator agency helper"  of
    20  section  28-401.3 of the administrative code of the city of New York, as
    21  added by section 1 of part B of a chapter of the laws of 2019,  amending
    22  the  administrative code of the city of New York relating to the licens-
    23  ing of approved elevator agency directors, inspectors,  and  technicians
    24  performing  elevator work in the city of New York, as proposed in legis-
    25  lative bills numbers S. 4080-C and A. 4509-A,  is  amended  to  read  as
    26  follows:
    27    ELEVATOR  AGENCY  HELPER. An individual having required qualifications
    28  to perform elevator work, as defined in this chapter, under  the  direct
    29  and  continuing  supervision of an elevator agency director[, and in the
    30  presence of a licensed elevator agency technician].
    31    § 4. The undesignated paragraph subtitled "elevator work"  of  section
    32  28-401.3 of the administrative code of the city of New York, as added by
    33  section  1  of  part  B  of  a chapter of the laws of 2019, amending the
    34  administrative code of the city of New York relating to the licensing of
    35  approved elevator agency directors, inspectors, and technicians perform-
    36  ing elevator work in the city of New York, as  proposed  in  legislative
    37  bills numbers S. 4080-C and A. 4509-A, is amended to read as follows:
    38    ELEVATOR   WORK.   Alteration,  assembly,  installation,  maintenance,
    39  repair, replacement and modernization work, as defined by ASME A17.1  as
    40  modified  by appendix K of the New York city building code, performed on
    41  conveyances regulated by this code or other applicable  laws  or  rules.
    42  Elevator  work  does  not include material hoists, platform lifts, stair
    43  chair lifts, or personnel hoists.  Outfitting, removal, refinishing,  or
    44  replacement  of interior finishes, including wall panels, drop ceilings,
    45  handrails and flooring, removal or  replacement  of  interior  lighting,
    46  recladding  of  doors,  transoms  and  front return panels, finishing or
    47  ornamental work on elevator car operating panels shall not be considered
    48  elevator work.  Operation of an elevator by any person  employed  as  an
    49  operator  of such elevator, including operation of an elevator operating
    50  under a temporary certificate of occupancy as issued by  the  department
    51  of buildings or such other issuing agency shall not be considered eleva-
    52  tor work.
    53    §  5.  Section  28-425.3 of the administrative code of the city of New
    54  York, as added by section 3 of part B of a chapter of the laws of  2019,
    55  amending the administrative code of the city of New York relating to the
    56  licensing of approved elevator agency directors, inspectors, and techni-

        S. 7505--B                         71                         A. 9505--B
 
     1  cians  performing  elevator work in the city of New York, as proposed in
     2  legislative bills numbers S. 4080-C and A. 4509-A, is REPEALED and a new
     3  section 28-425.3 is added to read as follows:
     4    §  28-425.3  Qualifications. The agency may, by rule, establish quali-
     5  fications for elevator agency technicians, including,  but  not  limited
     6  to,   acceptable   proof  that  an  applicant  has  worked  on  elevator
     7  construction, maintenance or repair with  direct  and  immediate  super-
     8  vision  in this state for a specified period of time prior to the effec-
     9  tive date of this article; provided, however,  that  the  provisions  of
    10  this  section and any rules adopted pursuant thereto shall not be incon-
    11  sistent with the requirements for elevator mechanics contained in  arti-
    12  cle  thirty-three  of the labor law and nothing herein shall prevent the
    13  enactment by local law, ordinance, or rule of additional requirements.
    14    § 6. The administrative code of the city of New  York  is  amended  by
    15  adding a new section 28-425.4 to read as follows:
    16    §  28-425.4 Exemptions. No elevator agency technician license shall be
    17  required for the outfitting, removal,  refinishing,  or  replacement  of
    18  interior  finishes,  including wall panels, drop ceilings, handrails and
    19  flooring, removal or replacement of  interior  lighting,  recladding  of
    20  doors, transoms and front return panels, finishing or ornamental work on
    21  car operating panels.
    22    §  7.  Section  28-427.6 of the administrative code of the city of New
    23  York, as added by section 3 of part B of a chapter of the laws of  2019,
    24  amending the administrative code of the city of New York relating to the
    25  licensing of approved elevator agency directors, inspectors, and techni-
    26  cians  performing  elevator work in the city of New York, as proposed in
    27  legislative bills numbers S. 4080-C and A. 4509-A, is REPEALED.
    28    § 8. Section 5 of part B of a chapter of the laws  of  2019,  amending
    29  the  administrative code of the city of New York relating to the licens-
    30  ing of approved elevator agency directors, inspectors,  and  technicians
    31  performing  elevator work in the city of New York, as proposed in legis-
    32  lative bills numbers S.  4080-C and A. 4509-A, is  amended  to  read  as
    33  follows:
    34    §  5. This act shall take effect [three] two years after it shall have
    35  become a law.  Effective immediately, any rules and  regulations  neces-
    36  sary  for  the  timely  implementation of this act on its effective date
    37  shall be promulgated on or before such date.
    38    § 9. Section 3 of part A of a chapter of the laws  of  2019,  amending
    39  the  labor  law  and  the  state  finance  law relating to requiring the
    40  licensing of persons engaged in the  design,  construction,  inspection,
    41  maintenance,  alteration,  and  repair  of elevators and other automated
    42  people moving devices, as  proposed  in  legislative  bills  numbers  S.
    43  4080-C and A. 4509-A, is amended to read as follows:
    44    § 3. This act shall take effect [on the one hundred eightieth day] two
    45  years  after  it shall have become a law, provided, however, that effec-
    46  tive immediately, the addition, amendment and/or repeal of any rules  or
    47  regulations  necessary  for the implementation of this act on its effec-
    48  tive date, and the appointment of the New York state elevator safety and
    49  standards board, are authorized and directed to be established, made and
    50  completed on or before such effective date.
    51    § 10. This act shall take effect immediately; provided,  however  that
    52  sections  one and two of this act shall take effect on the same date and
    53  in the same manner as part A of a chapter of the laws of 2019,  amending
    54  the  labor  law  and  the  state  finance  law relating to requiring the
    55  licensing of persons engaged in the  design,  construction,  inspection,
    56  maintenance,  alteration,  and  repair  of elevators and other automated

        S. 7505--B                         72                         A. 9505--B
 
     1  people moving devices, as  proposed  in  legislative  bills  numbers  S.
     2  4080-C  and A. 4509-A, takes effect; and sections three through seven of
     3  this act shall take effect on the same date and in the  same  manner  as
     4  part  B  of  a  chapter of the laws of 2019, amending the administrative
     5  code of the city of New York  relating  to  the  licensing  of  approved
     6  elevator agency directors, inspectors, and technicians performing eleva-
     7  tor  work  in  the  city  of  New York, as proposed in legislative bills
     8  numbers S. 4080-C and A. 4509-A, takes effect.
 
     9                                  SUBPART P
 
    10    Section 1. Subparagraphs (i) and (ii) of paragraph a of subdivision  1
    11  of  section  205-cc  of  the  general municipal law, subparagraph (i) as
    12  added by chapter 334 of the  laws  of  2017  and  subparagraph  (ii)  as
    13  amended  by a chapter of the laws of 2019 amending the general municipal
    14  law relating to proof of eligibility for volunteer firefighter  enhanced
    15  cancer  disability benefits, as proposed in legislative bills numbers S.
    16  4173-A and A. 5957-A, are amended to read as follows:
    17    (i) A volunteer firefighter having five or more years of faithful  and
    18  actual  service  in the protection of life and property from fire in the
    19  interior of buildings [and] subsequent to having successfully  passed  a
    20  physical examination [on entry to the firefighter service,] which [exam-
    21  ination]  failed  to  reveal any evidence of cancers as defined in para-
    22  graph b of this subdivision; and
    23    (ii) Having submitted proof of five  years  of  interior  firefighting
    24  service  by  providing  verification  that he or she has passed at least
    25  five yearly certified mask fitting tests as set forth in 29 CFR 1910.134
    26  or the applicable National Fire  Protection  Association  standards  for
    27  mask fit testing or, for firefighters who entered the fire service prior
    28  to  January  first, two thousand twenty, documentation identified by the
    29  office of fire prevention and control in rules and  regulations  promul-
    30  gated pursuant to subdivision seven of this section which shall include,
    31  but  not  be  limited to, training or certification records, health care
    32  provider records, internal fire department records, or  any  combination
    33  of  official  documents capable of evidencing that the firefighter meets
    34  the requirements of this section.
    35    § 2. Subdivision 7 of section 205-cc of the general municipal law,  as
    36  added by chapter 334 of the laws of 2017, is amended to read as follows:
    37    7. The office of fire prevention and control, in consultation with the
    38  department  of  financial  services and the workers' compensation board,
    39  shall adopt such rules and regulations as are reasonable  and  necessary
    40  to  implement  the  provisions  of  this section. Such regulations shall
    41  include establishing acceptable documentation for proof of  eligibility,
    42  the process by which a firefighter files a claim for the enhanced cancer
    43  disability benefit, how the beneficiary of such eligible volunteer fire-
    44  fighter files a claim for the enhanced cancer death benefit, the process
    45  by  which  claimants  can  appeal a denial of benefits and what proof is
    46  deemed acceptable to qualify for such benefits.
    47    § 3. Subdivision 8 of section 205-cc of the general municipal law,  as
    48  added  by  a  chapter of the laws of 2019 amending the general municipal
    49  law relating to proof of eligibility for volunteer firefighter  enhanced
    50  cancer  disability benefits, as proposed in legislative bills numbers S.
    51  4173-A and A. 5957-A, is REPEALED.
    52    § 4. This act shall take effect on the  same  date  and  in  the  same
    53  manner  as  a chapter of the laws of 2019 amending the general municipal
    54  law relating to proof of eligibility for volunteer firefighter  enhanced

        S. 7505--B                         73                         A. 9505--B
 
     1  cancer  disability benefits, as proposed in legislative bills numbers S.
     2  4173-A and A. 5957-A, takes effect.
 
     3                                  SUBPART Q

     4    Section  1.  Subsection  (k)  of section 7902 of the insurance law, as
     5  amended by a chapter of the laws of 2019,  amending  the  insurance  law
     6  relating  to  expanding the availability of meaningful service contracts
     7  to protect New Yorkers leasing automobiles for their personal  use  from
     8  unanticipated "lease-end" charges related to excess use or wear and tear
     9  of the leased vehicle, as proposed in legislative bills numbers S.  3631
    10  and A. 268, is amended to read as follows:
    11    (k)  "Service  contract" means a contract or agreement, for a separate
    12  or additional consideration, for a  specific  duration  to  perform  the
    13  repair,  replacement  or maintenance of property, or indemnification for
    14  repair, replacement or maintenance, due to  a  defect  in  materials  or
    15  workmanship  or  wear and tear, with or without additional provision for
    16  indemnity payments for incidental damages, provided any  such  indemnity
    17  payment per incident shall not exceed the purchase price of the property
    18  serviced.    Service  contracts may include towing, rental and emergency
    19  road service, and may also provide for the repair, replacement or  main-
    20  tenance  of  property  for  damage resulting from power surges and acci-
    21  dental  damage  from  handling.  Service  contracts  may  also   include
    22  contracts  to  repair,  replace  or  maintain residential appliances and
    23  systems. Such term shall also mean a contract or agreement made  (1)  by
    24  or  for the manufacturer or seller of a motor vehicle tire for repair or
    25  replacement of the tire or wheel as the result of damage arising from  a
    26  road  hazard,  (2)  by  or  for  the supplier or seller of a service for
    27  repair of chips or cracks in a motor vehicle windshield, but not includ-
    28  ing services that involve the replacement of the entire windshield,  and
    29  (3)  by or for the supplier or seller of a service for repair or removal
    30  of dents, dings or creases from a motor vehicle  without  affecting  the
    31  existing  paint  finish  using paintless dent repair techniques, but not
    32  including services that involve the replacement of vehicle body  panels,
    33  or  sanding,  bonding  or  painting. In conjunction with a motor vehicle
    34  leased for personal use, such term shall also mean a contract to perform
    35  the repair, replacement or maintenance of property, or to provide indem-
    36  nification for repair, replacement or maintenance, due  to  excess  wear
    37  and  use  or  damage  for  [items such as tires, paint cracks or chips,]
    38  interior stains,  rips  or  scratches[,  exterior  dents  or  scratches,
    39  windshield  cracks  or  chips,]  or missing interior [or exterior] parts
    40  that result in a lease-end charge not otherwise  covered  by  a  service
    41  agreement  or  warranty,  provided any such payment shall not exceed the
    42  purchase price of the vehicle.
    43    § 2. This act shall take effect on the  same  date  and  in  the  same
    44  manner  as  a  chapter  of  the laws of 2019, amending the insurance law
    45  relating to expanding the availability of meaningful  service  contracts
    46  to  protect  New Yorkers leasing automobiles for their personal use from
    47  unanticipated "lease-end" charges related to excess use or wear and tear
    48  of the leased vehicle, as proposed in legislative bills numbers S.  3631
    49  and A. 268, takes effect.
 
    50                                  SUBPART R
 
    51    Section  1.  Sections 770, 771, 772 and 773 of the labor law, as added
    52  by a chapter of the laws of 2019, amending the  labor  law  relating  to

        S. 7505--B                         74                         A. 9505--B
 
     1  enacting the "New York call center jobs act", as proposed in legislative
     2  bills numbers S. 1826-C and A. 567-C, are amended to read as follows:
     3    § 770. Definitions. As used in this article:
     4    1.  The term "call center" means a facility or other operation whereby
     5  employees receive phone calls or other electronic communication for  the
     6  purpose of providing customer assistance [or other service].
     7    2.  (a) The term "call center employer" means any business entity that
     8  employs fifty or more employees, excluding part-time employees; or fifty
     9  or more employees that in the aggregate work at  least  fifteen  hundred
    10  hours  per week, excluding overtime hours, for the purpose of staffing a
    11  call center.
    12    (b) The term "part-time employee" means an employee  who  is  employed
    13  for  an  average  of  fewer  than  twenty hours per week or who has been
    14  employed for fewer than six of the twelve months preceding the  date  on
    15  which notice is required under this article.
    16    (c)  The  term  "tax  credit"  means  any of the following tax credits
    17  allowed under the tax law: recovery tax credit, tax-free New  York  area
    18  tax  elimination credit, minimum wage reimbursement credit, empire state
    19  jobs retention program  credit,  economic  transformation  and  facility
    20  redevelopment program tax credit, excelsior jobs program credit, employ-
    21  ee  training  incentive  program tax credit, empire state apprenticeship
    22  program tax credit, and employment incentive tax credit.
    23    § 771. List of relocated call centers.  1. A call center employer that
    24  intends to relocate a call center or more than thirty percent of a  call
    25  center's  employees  measured  as  the  employment level of the previous
    26  calendar month compared to the average employment  level  at  such  site
    27  over  the previous twelve months, from New York state to a foreign coun-
    28  try [or any other state, or reduce call volume handled at  call  centers
    29  in  New  York  state  by  at  least thirty percent, measured as the call
    30  volume of the previous calendar month compared to  the  average  monthly
    31  call  volume of the previous twelve months, and intends to relocate such
    32  operations from New York state to a foreign country or any other state,]
    33  shall notify the commissioner at least [one hundred] ninety days  before
    34  such relocation.
    35    2.  A  call  center  employer  that  violates  subdivision one of this
    36  section shall be subject to a civil penalty not to exceed  ten  thousand
    37  dollars for each day of such violation, except that the commissioner may
    38  reduce such amount for just cause shown.
    39    3.  The  commissioner  shall compile an annual list of all call center
    40  employers that relocate [or reduce call volume] pursuant to  subdivision
    41  one of this section, and such list shall be made available to the public
    42  and  shall  prominently  display  a link to the list on the department's
    43  website. The commissioner shall provide a  copy  of  such  list  to  the
    44  commissioner of taxation and finance.
    45    [4.  The commissioner shall make the list created pursuant to subdivi-
    46  sion three of this section, available to the public and shall prominent-
    47  ly display a link to the list on the department's website.]
    48    § 772. Grants,  guaranteed  loans  and  tax  benefits.  1.  Except  as
    49  provided in subdivision [three] four of this section and notwithstanding
    50  any  other  provision of law, a call center employer that appears on the
    51  list described in section seven  hundred  seventy-one  of  this  article
    52  shall  be  ineligible  to  enter  into any agreements for any [direct or
    53  indirect] state grants[,] or state guaranteed loans[,  tax  benefits  or
    54  other  financial  governmental  support] for a period of five years from
    55  the date such list is published.

        S. 7505--B                         75                         A. 9505--B
 
     1    2. Except as provided in subdivision [three] four of this section  and
     2  notwithstanding  any other provision of law, a call center employer that
     3  appears on the list described in section seven  hundred  seventy-one  of
     4  this  article  shall  remit  the unamortized value of any state grant or
     5  state  guaranteed  loans[,  or  any  tax  benefits or other governmental
     6  support] it has  previously  received  [in  the  past  five  years.  The
     7  provisions  of  this subdivision shall apply to grants, loans, tax bene-
     8  fits and financial governmental assistance that is entered  into  on  or
     9  after  the effective date of this article] for the call center appearing
    10  on the list, if the agreement for such grants and loans was entered into
    11  after the effective date of this article. Nothing  in  this  subdivision
    12  shall  be  deemed to prevent the call center employer from receiving any
    13  grant to provide training or other employment assistance to  individuals
    14  who  are  selected  as  being  in  particular  need of training or other
    15  employment assistance due to the transfer  or  relocation  of  the  call
    16  center employer's facility or operating units.
    17    3. Except as provided in subdivision four of this section and notwith-
    18  standing any other provision of law, a call center employer that appears
    19  on the list described in section seven hundred seventy-one of this arti-
    20  cle  shall not be allowed any tax credit described in subdivision (c) of
    21  section seven hundred seventy of  this  article  for  the  five  taxable
    22  years, excluding short taxable years, immediately succeeding the taxable
    23  year  in which the call center first appears on such list, if the agree-
    24  ment for such tax credit was entered into after the  effective  date  of
    25  this article.
    26    4.  The  commissioner,  in  consultation  with  the appropriate agency
    27  providing a loan [or], grant[,] or tax credit may waive the  requirement
    28  provided under subdivision one, two or three of this section if the call
    29  center employer demonstrates that such requirement would:
    30    (a) threaten state or national security;
    31    (b) result in substantial actual or potential job loss in the state of
    32  New York; or
    33    (c) harm the environment.
    34    If  the  commissioner waives such requirement, such commissioner shall
    35  promptly notify the commissioner of taxation and finance of such waiver.
    36    § 773. Procurement contracts. The head of each state agency shall  use
    37  reasonable  best  efforts  to  ensure  that  all  state-business-related
    38  contracts for call center and customer  service  work  be  performed  by
    39  state  contractors or other agents or subcontractors entirely within the
    40  state of New York. [State contractors who currently  perform  such  work
    41  outside  the state of New York shall have two years following the effec-
    42  tive date of this article to comply with this section; provided, that if
    43  any such contractors which perform work outside this state adds customer
    44  service employees who will perform work on  such  contracts,  those  new
    45  employees  shall  immediately  be employed within the state of New York,
    46  except that businesses subject to a contract  agreed  to  prior  to  the
    47  effective date of this article with terms extending beyond a date great-
    48  er  than  two  years  after  the effective date of this article shall be
    49  subject to the provisions of this subdivision at the next point in which
    50  the contract is subject to renewal] Presence on the  list  described  in
    51  section  seven hundred seventy-one of this article shall be considered a
    52  negative indication of ability to maintain jobs in the state as part  of
    53  any vendor responsibility analysis.
    54    §  2.  This  act  shall  take  effect on the same date and in the same
    55  manner as a chapter of the laws of 2019, amending the labor law relating

        S. 7505--B                         76                         A. 9505--B
 
     1  to enacting the "New York call center jobs act", as proposed in legisla-
     2  tive bills numbers S. 1826-C and A. 567-C, takes effect.
 
     3                                  SUBPART S
 
     4    Section  1.  Subdivision 1 of section 2805-i of the public health law,
     5  as amended by section 1 of part HH of chapter 57 of the  laws  of  2018,
     6  paragraph  (c) as amended by a chapter of the laws of 2019, amending the
     7  public health law and the executive law relating  to  HIV  post-exposure
     8  prophylaxis  and  other health care services for sexual assault victims,
     9  as proposed in legislative bills numbers S. 2279-A  and  A.  1204-A,  is
    10  amended to read as follows:
    11    1.  Every  hospital providing treatment to alleged victims of a sexual
    12  offense shall be responsible for:
    13    (a) maintaining sexual offense evidence and the chain  of  custody  as
    14  provided in subdivision two of this section;
    15    (b)  informing  sexual  offense  victims  of  the availability of rape
    16  crisis and  local  victim  assistance  organizations,  if  any,  in  the
    17  geographic  area served by the hospital, and contacting a rape crisis or
    18  local victim assistance organization[, if any, providing victim  assist-
    19  ance  to  the  geographic area served by that hospital] to establish the
    20  coordination of non-medical  services  to  sexual  offense  victims  who
    21  request such coordination and services;
    22    (c) offering and making available appropriate HIV post-exposure treat-
    23  ment therapies; including a [full regimen] seven day starter pack of HIV
    24  post-exposure  prophylaxis  for a person eighteen years of age or older,
    25  or the full regimen of HIV post-exposure prophylaxis for a  person  less
    26  than  eighteen  years  of age, in cases where it has been determined, in
    27  accordance with guidelines issued by the commissioner,  that  a  signif-
    28  icant  exposure  to  HIV  has  occurred,  and  informing the victim that
    29  payment assistance for such therapies and other crime  related  expenses
    30  may  be  available  from  the  office of victim services pursuant to the
    31  provisions of article twenty-two of the executive law. With the  consent
    32  of  the  victim of a sexual assault, the hospital emergency room depart-
    33  ment shall provide or arrange for an appointment for  medical  follow-up
    34  related to HIV post-exposure prophylaxis and other care as appropriate[,
    35  and  inform  the  victim  that  payment  assistance for such care may be
    36  available from the office of victim services pursuant to the  provisions
    37  of article twenty-two of the executive law]; and
    38    (d)  ensuring  sexual  assault  survivors  are  not  billed for sexual
    39  assault forensic exams and are notified orally and  in  writing  of  the
    40  option  to  decline  to provide private health insurance information and
    41  have the office of victim services reimburse the hospital for  the  exam
    42  pursuant  to  subdivision  thirteen of section six hundred thirty-one of
    43  the executive law.
    44    § 2. Subdivision 1 of section 201 of the public health law is  amended
    45  by adding a new paragraph (x) to read as follows:
    46    (x) produce an annual report analyzing the costs related to the sexual
    47  assault examination direct reimbursement program as created under subdi-
    48  vision  thirteen  of section six hundred thirty-one of the executive law
    49  and provide such report to the office of victim services  on  or  before
    50  September  first  of  each  year.  Such  report shall be provided to the
    51  governor, temporary president of the  senate  and  the  speaker  of  the
    52  assembly.
    53    § 3. Subdivision 13 of section 631 of the executive law, as amended by
    54  a  chapter  of  the laws of 2019, amending the public health law and the

        S. 7505--B                         77                         A. 9505--B
 
     1  executive law relating to HIV post-exposure prophylaxis and other health
     2  care services for sexual assault victims,  as  proposed  in  legislative
     3  bills numbers S.  2279-A and A. 1204-A, is amended to read as follows:
     4    13.  (a)  Notwithstanding  any  other provision of law, rule, or regu-
     5  lation to the contrary, when any New  York  state  accredited  hospital,
     6  accredited  sexual  assault  examiner  program,  or licensed health care
     7  provider furnishes services to any sexual  assault  survivor,  including
     8  but not limited to a health care forensic examination in accordance with
     9  the  sex  offense evidence collection protocol and standards established
    10  by the department of health,  such  hospital,  sexual  assault  examiner
    11  program,  or licensed healthcare provider shall provide such services to
    12  the person without charge  and  shall  bill  the  office  directly.  The
    13  office,  in consultation with the department of health, shall define the
    14  specific services to be covered by  the  sexual  assault  forensic  exam
    15  reimbursement  fee,  which  must  include at a minimum forensic examiner
    16  services, hospital or healthcare facility services related to the  exam,
    17  and any necessary related laboratory tests [and necessary] or pharmaceu-
    18  ticals;  including  but  not  limited  to  HIV post-exposure prophylaxis
    19  provided by a hospital emergency room at the time of the  forensic  rape
    20  examination  pursuant  to  paragraph  (c)  of subdivision one of section
    21  twenty-eight hundred five-i of the public health law. [Follow-up] For  a
    22  person  eighteen  years  of  age  or  older, follow-up HIV post-exposure
    23  prophylaxis costs shall continue  to  be  [billed  by  the  health  care
    24  provider  to  the  office directly and] reimbursed [by the] according to
    25  established office [directly] procedure.  The  office,  in  consultation
    26  with  the  department of health, shall also generate the necessary regu-
    27  lations and forms for the direct reimbursement procedure.
    28    (b) The rate  for  reimbursement  shall  be  the  amount  of  itemized
    29  charges,  to  be reimbursed at the Medicaid rate and which shall cumula-
    30  tively not [exceeding] exceed  (1)  eight  hundred  dollars[,  provided,
    31  however,  the  office  shall,  in  consultation] for an exam of a sexual
    32  assault survivor where no sexual  offense  evidence  collection  kit  is
    33  used;  (2)  one  thousand  two  hundred  dollars for an exam of a sexual
    34  assault survivor where a sexual offense evidence collection kit is used;
    35  (3) one thousand five hundred dollars for an exam of  a  sexual  assault
    36  survivor  who is eighteen years of age or older, with or without the use
    37  of a sexual offense evidence collection kit, and with the provision of a
    38  necessary HIV post-exposure prophylaxis seven day starter pack; and  (4)
    39  two thousand five hundred dollars for an exam of a sexual assault survi-
    40  vor who is less than eighteen years of age, with or without the use of a
    41  sexual  offense  evidence  collection kit, and with the provision of the
    42  full regimen  of  necessary  HIV  post-exposure  prophylaxis  [with  the
    43  department of health, annually review and determine if a higher rate for
    44  reimbursement  for  itemized  charges exceeding eight hundred dollars is
    45  feasible and appropriate  based  on  the  actual  cost  of  reimbursable
    46  expenses,  and  adjust  such  rate for reimbursement accordingly].   The
    47  hospital, sexual assault  examiner  program,  or  licensed  health  care
    48  provider  must  accept  this  fee as payment in full for these specified
    49  services. No additional billing of the survivor  for  said  services  is
    50  permissible.  A  sexual  assault  survivor  may  voluntarily  assign any
    51  private insurance benefits to which  she  or  he  is  entitled  for  the
    52  healthcare  forensic  examination, in which case the hospital or health-
    53  care provider may not charge the office; provided, however, in the event
    54  the sexual assault survivor assigns any private health  insurance  bene-
    55  fit, such coverage shall not be subject to annual deductibles or coinsu-
    56  rance  or  balance  billing  by  the  hospital,  sexual assault examiner

        S. 7505--B                         78                         A. 9505--B
 
     1  program or licensed health care provider.  A  hospital,  sexual  assault
     2  examiner  program or licensed health care provider shall, at the time of
     3  the initial visit, request assignment of any  private  health  insurance
     4  benefits  to  which  the  sexual  assault survivor is entitled on a form
     5  prescribed by the office; provided, however, such sexual assault  survi-
     6  vor shall be advised orally and in writing that he or she may decline to
     7  provide  such information regarding private health insurance benefits if
     8  he or she believes that the provision of such information would substan-
     9  tially interfere with his or her personal privacy or safety and in  such
    10  event, the sexual assault forensic exam fee shall be paid by the office.
    11  Such  sexual  assault survivor shall also be advised that providing such
    12  information may provide additional resources  to  pay  for  services  to
    13  other  sexual  assault victims.  Such sexual assault survivor shall also
    14  be advised that the direct reimbursement  program  established  by  this
    15  subdivision  does  not  automatically  make  them eligible for any other
    16  compensation benefits available  from  the  office  including,  but  not
    17  limited  to,  reimbursement for mental health counseling expenses, relo-
    18  cation expenses, and loss of earnings, and that such compensation  bene-
    19  fits may only be made available to them should the sexual assault survi-
    20  vor  or  other  person  eligible to file pursuant to section six hundred
    21  twenty-four of this article, file a compensation  application  with  the
    22  office.  If he or she declines to provide such health insurance informa-
    23  tion, he or she shall indicate such decision on the form provided by the
    24  hospital, sexual  assault  examiner  program  or  licensed  health  care
    25  provider, which form shall be prescribed by the office.
    26    §  4.  Section 3 of a chapter of the laws of 2019, amending the public
    27  health law and the executive law relating to HIV  post-exposure  prophy-
    28  laxis  and  other  health  care  services for sexual assault victims, as
    29  proposed in legislative bills  numbers  S.  2279-A  and  A.  1204-A,  is
    30  amended to read as follows:
    31    § 3. This act shall take effect on the one hundred eightieth day after
    32  it  shall  have  become  a law and apply to all claims filed on or after
    33  such date; provided that  effective  immediately,  the  commissioner  of
    34  health  and  the  director  of  the office of victim services shall make
    35  regulations and take other action necessary to  implement  this  act  on
    36  such date.
    37    §  5.  This act shall take effect immediately, provided, however, that
    38  sections one, two and three of this act take effect on the same date and
    39  in the same manner as a chapter of the laws of 2019, amending the public
    40  health law and the executive law relating to HIV  post-exposure  prophy-
    41  laxis  and  other  health  care  services for sexual assault victims, as
    42  proposed in legislative bills numbers S. 2279-A  and  A.  1204-A,  takes
    43  effect.
 
    44                                  SUBPART T
 
    45    Section 1. Section 1 of a chapter of the laws of 2019 amending the tax
    46  law  and  the state finance law relating to gifts for the support of the
    47  New York state council on the arts, as  proposed  in  legislative  bills
    48  numbers S. 3570 and A. 7994, is amended to read as follows:
    49    Section  1.  [The legislature hereby finds and determines that, due to
    50  severe budgetary constraints, the amount of state  funds  available  for
    51  the  support  of the New York state council on the arts has been sharply
    52  diminished over the past few years.  This decrease in support has had  a
    53  devastating  effect  upon  many  of New York's cultural institutions, as
    54  well as many related or dependent businesses and employees. Accordingly,

        S. 7505--B                         79                         A. 9505--B

     1  the] The legislature hereby finds and determines that taxpayers  of  the
     2  state  of New York should have the opportunity to use the New York state
     3  personal income tax form as a mechanism for  making  voluntary  contrib-
     4  utions  for the support of the New York state council on the arts. It is
     5  the intent of the  legislature  that  any  funds  so  contributed  shall
     6  supplement  and  not  offset  or diminish in any way the amount of funds
     7  made available to the New York state council on  the  arts  pursuant  to
     8  annual budget appropriations.
     9    §  2.  This  act  shall  take  effect on the same date and in the same
    10  manner as a chapter of the laws of 2019 amending the  tax  law  and  the
    11  state  finance  law  relating  to  gifts for the support of the New York
    12  state council on the arts, as proposed in legislative bills  numbers  S.
    13  3570 and A. 7994, takes effect.
 
    14                                  SUBPART U
 
    15    Section  1. Section 209-M of the tax law, as added by a chapter of the
    16  laws of 2019, amending the tax law and the state finance law relating to
    17  establishing a gift for home delivered meals for seniors on the business
    18  franchise and personal income tax  forms  and  establishing  the  senior
    19  wellness  in  nutrition  fund,  as proposed in legislative bills numbers
    20  S.5987 and A.4632, is amended to read as follows:
    21    § 209-M. Gift for home delivered meals for seniors. Effective for  any
    22  tax  year commencing on or after January first, two thousand nineteen, a
    23  taxpayer in any taxable year may elect to contribute to the  support  of
    24  the  senior wellness in nutrition fund for the purpose of providing home
    25  delivered meals to seniors. Such contribution  shall  be  in  any  whole
    26  dollar  amount and shall not reduce the amount of state tax owed by such
    27  taxpayer. The commissioner shall include space on the business franchise
    28  income tax return, entitled "[Meals on Wheels] Home Delivered Meals  for
    29  Seniors",  to enable a taxpayer to make such contribution. Notwithstand-
    30  ing any other provision of law, all revenues collected pursuant to  this
    31  section  shall  be credited to the senior wellness in nutrition fund and
    32  shall only be used for those purposes enumerated in section ninety-one-g
    33  of the state finance law.
    34    § 2. Section 626-a of the tax law, as added by a chapter of  the  laws
    35  of  2019,  amending  the  tax  law and the state finance law relating to
    36  establishing a gift for home delivered meals for seniors on the business
    37  franchise and personal income tax  forms  and  establishing  the  senior
    38  wellness  in  nutrition  fund,  as proposed in legislative bills numbers
    39  S.5987 and A.4632, is amended to read as follows:
    40    § 626-a. Gift for home delivered meals for seniors. Effective for  any
    41  tax year commencing on or after January first, two thousand nineteen, an
    42  individual in any taxable year may elect to contribute to the support of
    43  the  senior wellness in nutrition fund for the purpose of providing home
    44  delivered meals to seniors. Such contribution  shall  be  in  any  whole
    45  dollar  amount and shall not reduce the amount of state tax owed by such
    46  individual. The commissioner shall include space on the personal  income
    47  tax  return,  entitled  "[Meals  on  Wheels]  Home  Delivered  Meals for
    48  Seniors", to enable a taxpayer to make such contribution.  Notwithstand-
    49  ing any other provision of law, all revenues collected pursuant to  this
    50  section  shall  be credited to the senior wellness in nutrition fund and
    51  used only for the purposes enumerated in  section  ninety-one-g  of  the
    52  state finance law.
    53    §  3.  This  act  shall  take  effect on the same date and in the same
    54  manner as a chapter of the laws of 2019, amending the tax  law  and  the

        S. 7505--B                         80                         A. 9505--B
 
     1  state  finance  law  relating  to establishing a gift for home delivered
     2  meals for seniors on the business  franchise  and  personal  income  tax
     3  forms  and  establishing  the  senior  wellness  in  nutrition  fund, as
     4  proposed in legislative bills numbers S.5987 and A.4632, takes effect.
 
     5                                  SUBPART V
 
     6    Section 1. Subdivision 20 of section 470 of the tax law, as amended by
     7  a chapter of the laws of 2019, amending the tax law relating to research
     8  tobacco  products,  as  proposed in legislative bills numbers S.5300 and
     9  A.7351, is amended to read as follows:
    10    20. "Research tobacco product."  [Anything  that  would  otherwise  be
    11  defined  as  a  tobacco  product  or cigarette shall not be defined as a
    12  tobacco product or cigarette if it is made  by  a  manufacturer  specif-
    13  ically  for  an  accredited  college  or  university,  to be held by the
    14  college or university until sale or transfer to a laboratory,  hospital,
    15  medical  center, institute, college or university, or other institution]
    16  A tobacco product or cigarette that is labeled  as  a  research  tobacco
    17  product,  manufactured  for  use  in research for health, scientific, or
    18  [other research or] similar experimental purposes[. A  research  tobacco
    19  product  shall  carry a marking designating it as such and indicating it
    20  shall only be used for health, scientific, or other research  or  exper-
    21  imental  purposes  and not be], is exclusively used for such purposes by
    22  an accredited college, university or hospital, or  a  researcher  affil-
    23  iated  with  an  accredited  college, university or hospital, and is not
    24  offered for sale[,] or sold[, or distributed] to  consumers  [except  as
    25  part  of the health, scientific, or other research or experimental]  for
    26  any purpose.
    27    § 2. Section 474 of the tax law is amended by adding a new subdivision
    28  5 to read as follows:
    29    5. Every accredited college,  university  or  hospital  that  receives
    30  research  tobacco  products  as defined in subdivision twenty of section
    31  four hundred seventy of this article shall, in good faith, file an annu-
    32  al information return on or before the last day of January reporting all
    33  research tobacco products received by such college, university or hospi-
    34  tal or its affiliated researcher within  the  preceding  calendar  year.
    35  Such  return  shall be in the form and shall include such information as
    36  the commissioner prescribes by regulation. Any person required  to  file
    37  an  information return by this subdivision who willfully fails to timely
    38  file such return or willfully fails to provide any material  information
    39  required to be reported on such return may be subject to a penalty of up
    40  to one thousand dollars.
    41    §  3.  Subdivisions  1 and 19 of section 11-1301 of the administrative
    42  code of the city of New York, subdivision 1 as amended  and  subdivision
    43  19 as added by local law number 145 of the city of New York for the year
    44  2017, are amended and a new subdivision 21 is added to read as follows:
    45    1. "Cigarette." Any roll for smoking made wholly or in part of tobacco
    46  or any other substance, irrespective of size or shape and whether or not
    47  such  tobacco  or  substance  is flavored, adulterated or mixed with any
    48  other ingredient, the wrapper or cover of which is made of paper or  any
    49  other  substance  or  material  but  is  not made in whole or in part of
    50  tobacco. "Cigarette" shall not include a research tobacco product.
    51    19. "Tobacco product." Any product  which  contains  tobacco  that  is
    52  intended for human consumption, including any component, part, or acces-
    53  sory  of such product. Tobacco product shall include, but not be limited
    54  to, any cigar, little cigar, chewing tobacco, pipe  tobacco,  roll-your-

        S. 7505--B                         81                         A. 9505--B
 
     1  own  tobacco, snus, bidi, snuff, shisha, or dissolvable tobacco product.
     2  Tobacco product shall not include cigarettes or  any  product  that  has
     3  been approved by the United States food and drug administration for sale
     4  as  a  tobacco  use  cessation product or for other medical purposes and
     5  that is being marketed and  sold  solely  for  such  purposes.  "Tobacco
     6  products" shall not include research tobacco products.
     7    21. "Research tobacco product." A tobacco product or cigarette that is
     8  labeled  as  a  research  tobacco  product,  is  manufactured for use in
     9  research for health, scientific, or similar  experimental  purposes,  is
    10  exclusively  used for such purposes by an accredited college, university
    11  or hospital, or a researcher  affiliated  with  an  accredited  college,
    12  university or hospital, and is not offered for sale or sold to consumers
    13  for any purpose.
    14    §  4.  This  act  shall  take  effect on the same date and in the same
    15  manner as a chapter of the laws of 2019 amending the tax law relating to
    16  research tobacco products, as  proposed  in  legislative  bills  numbers
    17  S.5300 and A.7351, takes effect.
 
    18                                  SUBPART W
 
    19    Section  1.  Paragraphs h and j of subdivision 1 of section 101-aaa of
    20  the alcoholic beverage control law, as added by a chapter of the laws of
    21  2019, amending the alcoholic beverage control law relating to  authoriz-
    22  ing  retail  licenses  to  purchase beer, wine or liquor with a business
    23  payment card, as proposed in legislative bills numbers S. 4241-A and  A.
    24  6701-A, are amended to read as follows:
    25    h.  "Business  payment  card"  means:  (1) any credit card issued to a
    26  retail licensee for business or commercial use pursuant to an  agreement
    27  that allows the holder thereof to obtain goods and services on the cred-
    28  it  of the issuer or a debit card that provides access to a bank account
    29  of a retail licensee; (2) a credit or debit card from an issuer accepted
    30  by the manufacturer or wholesaler as permitted by the authority in regu-
    31  lation; and (3) such credit card shall not  include  cards  in  which  a
    32  manufacturer  or  wholesaler  has a financial interest or cards by which
    33  their use benefits a manufacturer  or  wholesaler.  Such  card  must  be
    34  issued  in the same name as a retail licensee and registered to the same
    35  address as the address on the retail license, or as otherwise  permitted
    36  by the authority in regulation.
    37    j.  "Final  business  payment  card  invoice  amount" means the amount
    38  charged by a manufacturer or wholesaler to a retail licensee pursuant to
    39  paragraph (c) of subdivision two of this section; and  shall  equal  the
    40  final  cash  invoice  amount  plus [remuneration for surcharges and fees
    41  incurred by a manufacturer or wholesaler as a result of  such  a  trans-
    42  action,  which shall be calculated by multiplying the final cash invoice
    43  amount by a rate determined annually by the authority] three percent  of
    44  the  final  cash  invoice  amount.  The  three  percent  represents  the
    45  surcharges and fees that are charged to the manufacturer  or  wholesaler
    46  by  the  business  payment  card issuer or a person or entity associated
    47  with the issuer.
    48    § 2. Subdivision 2-a of section  101-aaa  of  the  alcoholic  beverage
    49  control  law,  as  added  by a chapter of the laws of 2019, amending the
    50  alcoholic beverage control law relating to authorizing  retail  licenses
    51  to  purchase  beer,  wine  or  liquor  with  a business payment card, as
    52  proposed in legislative bills  numbers  S.  4241-A  and  A.  6701-A,  is
    53  amended and a new subdivision 2-b is added to read as follows:

        S. 7505--B                         82                         A. 9505--B
 
     1    2-a.  A manufacturer or wholesaler that accepts business payment cards
     2  shall clearly state the final cash invoice amount and the final business
     3  payment card invoice amount on an invoice provided to a retail licensee.
     4  Nothing in this section shall preclude,  or  permit  a  manufacturer  or
     5  wholesaler  to  [preclude] prevent, a retail licensee that receives such
     6  an invoice from electing to use any other form of payment method permit-
     7  ted pursuant to subdivision two of this  section  following  receipt  of
     8  such invoice.
     9    2-b.  Nothing  herein  contained  shall  be  construed  to require any
    10  manufacturer or wholesaler to accept business payment cards as a  method
    11  of  payment by any retail licensee, provided that if such payment method
    12  is made available it shall be available on equal  terms  to  all  retail
    13  licensees.
    14    §  3.  Subdivision 2 of section 55-b of the alcoholic beverage control
    15  law, as amended by a chapter of the laws of 2019, amending the alcoholic
    16  beverage control law relating to authorizing retail licenses to purchase
    17  beer, wine or liquor with a business payment card, as proposed in legis-
    18  lative bills numbers S. 4241-A and A. 6701-A,  is  amended  to  read  as
    19  follows:
    20    2. No brewer or beer wholesaler may increase the price per case, draft
    21  package  or  special  package of beer sold to beer wholesalers or retail
    22  licensees until at least one hundred eighty days have elapsed since  his
    23  last  price  decrease  on  such  case, draft package or special package,
    24  provided, however, that the brewer or beer wholesaler may  increase  any
    25  price  established  by  him  at any time in the amount of any direct tax
    26  increase on beer or [in the amount necessary] three percent of the final
    27  cash  invoice  amount  to  reasonably  remunerate  such  wholesaler  for
    28  surcharges  and  fees  incurred  for  business payment card payments, as
    29  [determined by the authority pursuant to] provided for by paragraph j of
    30  subdivision one of section one hundred one-aaa of this  chapter,  or  on
    31  containers thereof, actually paid by such brewer or beer wholesaler, and
    32  provided  further,  however,  that  if  a  brewer or beer wholesaler has
    33  increased his price to beer wholesalers at  any  time  pursuant  to  the
    34  provisions  hereof,  the  beer  wholesaler may increase the price estab-
    35  lished by him on such package in an amount equal  to  the  direct  price
    36  increase  to  the  beer wholesaler. The price per case, draft package or
    37  special package of beer sold to beer wholesalers or retail licensees  on
    38  the  first  day  of  the  month following the effective date of this act
    39  shall be deemed the base price, to or  from  which  price  increases  or
    40  decreases may be made in accordance with the provisions of this section.
    41    §  4. Paragraphs g, h, and i of subdivision 1 of section 101-aa of the
    42  alcoholic beverage control law, as added by a chapter  of  the  laws  of
    43  2019 amending the alcoholic beverage control law relating to authorizing
    44  retail licenses to purchase beer, wine or liquor with a business payment
    45  card,  as  proposed  in legislative bills numbers S.4241-A and A.6701-A,
    46  are REPEALED.
    47    § 5. Subdivision 2 of section 101-aa of the alcoholic beverage control
    48  law, as amended by a chapter of the laws of 2019 amending the  alcoholic
    49  beverage control law relating to authorizing retail licenses to purchase
    50  beer, wine or liquor with a business payment card, as proposed in legis-
    51  lative  bills  numbers  S.4241-A  and  A.6701-A,  is  amended to read as
    52  follows:
    53    2. No manufacturer or wholesaler licensed  under  this  chapter  shall
    54  sell  or  deliver  any  liquor  or wine to any retail licensee except as
    55  provided for in this section:
    56    (a) for cash to be paid at the time of delivery; or

        S. 7505--B                         83                         A. 9505--B
 
     1    (b) on terms requiring payment by such retail licensee for such  alco-
     2  holic beverages on or before the final payment date of the credit period
     3  for which delivery is made[; or
     4    (c)  by  business payment card; provided that a manufacturer or whole-
     5  saler that exercises reasonable diligence to ensure  the  sale  comports
     6  with  the  requirements  of  this  section  shall  not  be found to have
     7  violated this subdivision where a retail licensee  uses  a  credit  card
     8  other than a business payment card].
     9    §  6.  Subdivision  2-a  of  section  101-aa of the alcoholic beverage
    10  control law, as added by a chapter of the  laws  of  2019  amending  the
    11  alcoholic  beverage  control law relating to authorizing retail licenses
    12  to purchase beer, wine or  liquor  with  a  business  payment  card,  as
    13  proposed   in  legislative  bills  numbers  S.4241-A  and  A.6701-A,  is
    14  REPEALED.
    15    § 7. This act shall take effect on the  same  date  and  in  the  same
    16  manner as a chapter of the laws of 2019, amending the alcoholic beverage
    17  control  law  relating  to authorizing retail licenses to purchase beer,
    18  wine or liquor with a business payment card, as proposed in  legislative
    19  bills numbers S. 4241-A and A. 6701-A, takes effect.
 
    20                                  SUBPART X
 
    21    Section  1.  Section 24-b of the tax law, as added by a chapter of the
    22  laws of 2019, amending the tax law relating to a television writers' and
    23  directors' fees and salaries credit, as proposed  in  legislative  bills
    24  numbers S. 5864-A and A. 6683-B, is amended to read as follows:
    25    §  24-b.  Television writers' and directors' fees and salaries credit.
    26  (a)(1) A taxpayer which is a qualified film  production  company,  or  a
    27  qualified  independent  film  production  company,  or  which  is a sole
    28  proprietor of or a member of a partnership which  is  a  qualified  film
    29  production  company  or a qualified independent film production company,
    30  and which is subject to tax under articles nine-A or twenty-two of  this
    31  chapter,  shall  be  allowed  a credit against such tax, pursuant to the
    32  provisions referenced in subdivision (c) of this section, to be computed
    33  as hereinafter provided.
    34    (2) The amount of the credit shall be the product (or pro  rata  share
    35  of  the  product,  in  the  case of a member of a partnership) of thirty
    36  percent and the qualified television writers' and  directors'  fees  and
    37  salaries  costs  paid or incurred in the production of a qualified film,
    38  provided that: (i) the credit amount shall  not  exceed  fifty  thousand
    39  dollars  for qualified television writers' and directors' fees and sala-
    40  ries claimed for such expenses incurred for the employment  of  any  one
    41  specific  writer  or  director for the production of a single television
    42  pilot or a single episode of a television series, and  (ii)  the  credit
    43  amount shall not exceed one hundred fifty thousand dollars for qualified
    44  television  writers'  and  directors' fees and salaries claimed for such
    45  expenses incurred for the employment  of  any  one  specific  writer  or
    46  director.    In addition, under no circumstances shall the credit amount
    47  include fees or salaries for more than one  director  per  episode.  The
    48  credit  shall be allowed for the taxable year in which the production of
    49  such qualified film is completed.
    50    (3) No qualified television writers' and directors' fees and  salaries
    51  used  by  a taxpayer either as the basis for the allowance of the credit
    52  provided for pursuant to this section or used in the calculation of  the
    53  credit  provided pursuant to this section shall be used by such taxpayer
    54  to claim any other credit allowed pursuant to this chapter.

        S. 7505--B                         84                         A. 9505--B
 
     1    (b) Definitions. As used in this section, the  following  terms  shall
     2  have the following meanings:
     3    (1) "Qualified film production company" is a corporation, partnership,
     4  limited  partnership,  or  other  entity  or individual whose project is
     5  conditionally eligible to receive a tax credit under section twenty-four
     6  of this article which or who is principally engaged in the production of
     7  a qualified film and controls the qualified film during production.
     8    (2) "Qualified independent film production company" is a  corporation,
     9  partnership,  limited  partnership,  or other entity or individual whose
    10  project is conditionally eligible to receive a tax credit under  section
    11  twenty-four  of  this article, that or who (i) is principally engaged in
    12  the production of a qualified film with  a  maximum  budget  of  fifteen
    13  million dollars, (ii) controls the qualified film during production, and
    14  (iii)  either  is  not  a  publicly  traded entity, or no more than five
    15  percent of the beneficial ownership of which is owned, directly or indi-
    16  rectly, by a publicly traded entity.
    17    (3) "Qualified film" means a television film, television pilot  and/or
    18  each  episode  of a television series, regardless of the medium by means
    19  of which the film, pilot or episode is created or conveyed.
    20    (4) "Qualified television writers' and directors' fees  and  salaries"
    21  means[:  (i)] salaries or fees paid to a writer or director who receives
    22  an on-air credit[; (ii) for a non-credited writer,  up  to  seventy-five
    23  thousand  dollars in salaries or fees per series of episodes. Provided],
    24  provided that in each case, such writer or director is a minority  group
    25  member,  as defined in subdivision eight of section three hundred ten of
    26  the executive law, or a woman, and provided, further, that  salaries  or
    27  fees  paid  to any writer or director who is a profit participant in the
    28  qualified film shall not be eligible.  Such fees shall not include relo-
    29  cation fees or hotel costs and per diems. In addition, such  fees  shall
    30  not  include salaries or fees paid to writers or directors for work done
    31  on episodes of television series that were deemed conditionally eligible
    32  for the tax credit under section twenty-four of this  article  prior  to
    33  the tax year for which the credit is first available.
    34    (5)  "Writer" means a person who is[: (i)] engaged by a qualified film
    35  production company or a qualified independent film production company to
    36  write [literary material  (including  making  changes  or  revisions  in
    37  literary material), when the company has the right by contract to direct
    38  the  performance of personal services in writing or preparing such mate-
    39  rial or in making revisions, modifications or changes therein;  or  (ii)
    40  engaged  by  the  company  and  who  performs services (at the company's
    41  direction or with its consent) in writing  or  preparing  such  literary
    42  material  or making revisions, modifications, or changes in such materi-
    43  al;] television scripts, outlines, rewrites, stories, or  teleplays  for
    44  television series and [(iii)] who reports to work regularly in a writers
    45  room  located in the state.  For the purposes of this definition, "writ-
    46  er" shall not include showrunners or executive producers.
    47    (6) ["Literary material" shall be deemed to include  stories,  adapta-
    48  tions,  treatments,  original treatments, scenarios, continuities, tele-
    49  plays, screenplays, dialogue, scripts, sketches, plots, outlines, narra-
    50  tive synopses, routines, narrations, and formats.
    51    (7)] "Writers room" means a room or physical  location  in  the  state
    52  where  writers employed by a qualified film production company or quali-
    53  fied independent film production company write [or revise literary mate-
    54  rials] television scripts, outlines, rewrites, stories, or teleplays for
    55  television series utilized in  a  qualified  film.  A  writers  room  is

        S. 7505--B                         85                         A. 9505--B
 
     1  located  in  the state only if it is in use in the state at least eighty
     2  percent of the time it is in existence.
     3    [(8)]  (7)  "Director"  means  an  individual  employed or retained to
     4  direct the production, as the word "direct"  is  commonly  used  in  the
     5  motion  picture  industry,  [and]  who would be classified as a director
     6  under the basic agreement in place between  the  Association  of  Motion
     7  Picture and Television Producers and the Director's Guild of America and
     8  who  [is a resident of New York] must meet the minimum criteria for work
     9  on qualified productions in New York state as established by the commis-
    10  sioner of economic development by regulation.
    11    [(9)] (8) "Profit participant" is an individual who has negotiated for
    12  a percentage of profits generated by a qualified  film.  Profit  partic-
    13  ipation  does  not include monies contractually required by collectively
    14  bargained agreements for reuse of a qualified film  on  different  plat-
    15  forms over time.
    16    (c)  Cross-references.  For  application of the credit provided for in
    17  this section, see the following provisions of this chapter:
    18    (1) article 9-A: section 210-B: subdivision 54.
    19    (2) article 22: section 606: subsection (v).
    20    (d) Notwithstanding any provision of this chapter, (1)  employees  and
    21  officers  of  the  department of economic development and the department
    22  shall be allowed and are directed  to  share  and  exchange  information
    23  regarding  the credits applied for, allowed, or claimed pursuant to this
    24  section and taxpayers who are applying for credits or who  are  claiming
    25  credits, including information contained in or derived from credit claim
    26  forms  submitted  to  the  department and applications for certification
    27  submitted to the department of economic development, and (2) the commis-
    28  sioner and the commissioner of the department  of  economic  development
    29  may release the names and addresses of any taxpayer claiming this credit
    30  and  the amount of the credit earned by the taxpayer. Provided, however,
    31  if a taxpayer claims this credit because it is a  member  of  a  limited
    32  liability  company  or  a  partner  in a partnership, only the amount of
    33  credit earned by the entity and not the amount of credit claimed by  the
    34  taxpayer may be released.
    35    (e) Maximum amount of credits. (1) The aggregate amount of tax credits
    36  allowed  under  this  section,  subdivision  fifty-four  of  section two
    37  hundred ten-B and subsection (v) of section  six  hundred  six  of  this
    38  chapter  in any calendar year shall be five million dollars. Such aggre-
    39  gate amount of credits shall be allocated by the department of  economic
    40  development  among taxpayers in order of priority based upon the date of
    41  filing an application for allocation of television writers'  and  direc-
    42  tors' fees and salaries credit with such department. If the total amount
    43  of  allocated  credits  applied  for  in any particular year exceeds the
    44  aggregate amount of  tax  credits  allowed  for  such  year  under  this
    45  section,  such excess shall be treated as having been applied for on the
    46  first day of the subsequent year.
    47    (2) The commissioner of economic development,  after  consulting  with
    48  the commissioner, shall promulgate regulations [by October thirty-first,
    49  two thousand nineteen] to establish procedures for the allocation of tax
    50  credits  as  required by subdivision (a) of this section. Such rules and
    51  regulations shall include provisions describing the application process,
    52  the due dates for such applications, the standards which shall  be  used
    53  to evaluate the applications, the documentation that will be provided to
    54  taxpayers  to  substantiate  to the department the amount of tax credits
    55  allocated to such taxpayers, and such other provisions as deemed  neces-
    56  sary  and  appropriate.  Notwithstanding  any  other  provisions  to the

        S. 7505--B                         86                         A. 9505--B
 
     1  contrary in the state administrative procedure act, such rules and regu-
     2  lations may be adopted on an emergency basis [if necessary to meet  such
     3  October thirty-first, two thousand nineteen deadline].
     4    (f)  The department of economic development shall submit to the gover-
     5  nor, the temporary president of the  senate,  and  the  speaker  of  the
     6  assembly,  an  annual  report  to be submitted on February first of each
     7  year evaluating the effectiveness of the television writers' and  direc-
     8  tors' fees and salaries tax credit provided by this section in stimulat-
     9  ing  the  growth  of  diversity  in the film industry in the state. Such
    10  report shall include, but need not be limited to, the number  of  quali-
    11  fied   film  production  companies  and/or  qualified  independent  film
    12  production companies which received a television writers' and directors'
    13  fees and salaries credit, the credit amounts claimed by  each  qualified
    14  film  production  company  and/or  qualified independent film production
    15  company, as well as the impact on employment  and  the  economy  of  the
    16  state. Such report shall be based on data available from the application
    17  filed  with  the  department  of  economic development for allocation of
    18  television writers' and directors' fees and salaries credits.   Notwith-
    19  standing any provision of law to the contrary, the information contained
    20  in  the  report shall be public information. The report may also include
    21  any recommendations of changes in the calculation or  administration  of
    22  the  credit,  and  any  other  recommendation of the commissioner of the
    23  department of economic development  regarding  continuing  modification,
    24  repeal  of such act, and such other information regarding the act as the
    25  commissioner of the department of economic development may  feel  useful
    26  and appropriate.
    27    §  2. Section 6 of a chapter of the laws of 2019, amending the tax law
    28  relating to a television writers' and directors' fees and salaries cred-
    29  it, as proposed in legislative bills numbers S. 5864-A and A. 6683-B, is
    30  amended to read as follows:
    31    § 6. Study of the underutilization of minority and women screenwriters
    32  and directors. 1. Study.    Subject  to  an  appropriation  which  shall
    33  provide sufficient funding necessary to complete such study, the depart-
    34  ment  of  economic  development  shall  select,  through the request for
    35  proposal process, an entity independent of such department  which  shall
    36  serve  as  such  department's  designee  for the purpose of conducting a
    37  study to investigate the statistical significance of  the  underutiliza-
    38  tion of minority and women screenwriters and directors. Such study shall
    39  conduct  or  provide  for  an  examination  of, but not be limited to, a
    40  comparison of available minority and women screenwriters  and  directors
    41  against  the  share  of  screenwriting  and  directing  work such groups
    42  receive on projects in New York state to demonstrate  the  statistically
    43  significant underutilization of that population.
    44    2.  Report. (a) Upon the completion of the study conducted pursuant to
    45  subdivision one of this section, the department of economic  development
    46  shall  deliver  a  report of the findings of such study to the governor,
    47  the temporary president of the senate, and the speaker of  the  assembly
    48  and post the study on the website of the department of economic develop-
    49  ment.  (b) If the department of economic development determines that the
    50  study has found statistically significant evidence of the  underutiliza-
    51  tion of minority and women screenwriters and directors against the share
    52  of  screenwriting  and directing work such groups receive on projects in
    53  the state, then the department of economic development shall  so  notify
    54  the  governor, the temporary president of the senate, the speaker of the
    55  assembly, the commissioner of taxation and finance and  the  legislative
    56  bill drafting commission.

        S. 7505--B                         87                         A. 9505--B
 
     1    3.  Powers. All other departments or agencies of the state or subdivi-
     2  sions thereof, and local  governments  shall,  at  the  request  of  the
     3  department  of  economic  development or its designee chosen pursuant to
     4  subdivision one of this section, provide expertise,  assistance,  and/or
     5  data  that  are  relevant  or  material  to  the completion of the study
     6  directed to be completed by subdivision one  of  this  section  and  the
     7  report directed to be completed by subdivision two of this section.  The
     8  department  of  economic  development,  or  its  designee, shall also be
     9  authorized to obtain relevant information from any  recognized  entities
    10  representing  the  television  industry  or segments thereof towards the
    11  completion of such study.
    12    § 7. This act shall take effect immediately, [and shall apply to taxa-
    13  ble years beginning on or after January 1, 2020] provided, however, that
    14  the provisions of sections one, two, three, four, and five of  this  act
    15  shall  take  effect on the first of January next succeeding the date the
    16  department of economic development provides notice  to  the  legislative
    17  bill drafting commission of a determination pursuant to paragraph (b) of
    18  subdivision  two  of  section six of this act and shall apply to taxable
    19  years on and after such date; provided that the department  of  economic
    20  development  shall  notify the legislative bill drafting commission upon
    21  the occurrence of the submission of the report provided for in paragraph
    22  (b) of subdivision two of section six of this  act  in  order  that  the
    23  commission  may  maintain  an accurate and timely effective data base of
    24  the official text of the laws of the state of New York in furtherance of
    25  effectuating the provisions of section 44 of  the  legislative  law  and
    26  section  70-b  of  the public officers law.   Effective immediately, the
    27  addition, amendment and/or repeal of any rule  or  regulation  necessary
    28  for  the implementation of this act on its effective date are authorized
    29  to be made and completed on or before such effective date.
    30    § 3. This act shall take effect immediately;  provided,  however  that
    31  section  one of this act and section 6 of a chapter of the laws of 2019,
    32  amending the tax law relating to a television  writers'  and  directors'
    33  fees  and  salaries  credit, as proposed in legislative bills numbers S.
    34  5864-A and A. 6683-B, as amended by section two of this act  shall  take
    35  effect  on  the  same date and in the same manner as such chapter of the
    36  laws of 2019, takes effect.
 
    37                                  SUBPART Y
 
    38    Section 1. A chapter of the laws  of  2019,  amending  the  labor  law
    39  relating to ensuring that utility employees receive the prevailing wage,
    40  as  proposed  in  legislative  bills numbers S. 6265-A and A. 8083-A, is
    41  REPEALED.
    42    § 2. The public service law is amended by adding a new section 42-a to
    43  read as follows:
    44    § 42-a. Payment of wages to workers; certain cases. 1. The legislature
    45  hereby finds that the protection of critical infrastructure is furthered
    46  by the enhanced training, experience and expertise  of  workers  in  all
    47  positions  at such facilities.  Given that the state of New York, due to
    48  its representation as a beacon of liberty, diversity and  equality,  and
    49  its  history  of being the target of terrorist attacks, will always be a
    50  target for those who wish to do this country and this  state  harm,  New
    51  York  has  a fundamental obligation to harden its infrastructure against
    52  any such threats or activity. In hardening the infrastructure  there  is
    53  no greater asset than the human capital that serve at the front lines of
    54  the  effort to thwart terrorist attacks. The electric and steam generat-

        S. 7505--B                         88                         A. 9505--B
 
     1  ing facilities in the state, when active, provide a target that requires
     2  the hardening not only of the  physical  infrastructure  but  the  human
     3  infrastructure  as  well.  Turnover  in  such positions, for the service
     4  workers  who provide cleaning, security and maintenance services at such
     5  active generating facilities will  decrease  if  the  workers  are  paid
     6  increased  wages.  The  reduction  of  turnover  will allow for the more
     7  developed and trained workforce to continue to provide  the  measure  of
     8  safety  and  security  the  state  requires.  Given that important state
     9  interest, it is therefore found and declared that the  workers  at  such
    10  facilities shall be trained to ensure their ability to meet the security
    11  needs  of  the  facilities  that they work upon. It is further found and
    12  declared that the reduction of  turnover  may  be  accomplished  by  the
    13  payment  of  rates of pay in line with those prevailing in such trade or
    14  occupation, as otherwise defined.
    15    2. The wages paid, and benefits provided, to building service  employ-
    16  ees who are employed at a work location that is an active major electric
    17  or  steam  generating  facility,  or  at  a transmission or distribution
    18  facility considered critical infrastructure as determined by  the  divi-
    19  sion  of  homeland  security and emergency services in consultation with
    20  the department, shall be subject to article nine of the labor law.   For
    21  purposes  of  this section "major electric generating facility" means an
    22  electric generating facility with a  nameplate  generating  capacity  of
    23  twenty-five  thousand kilowatts or more, including interconnection elec-
    24  tric transmission lines and fuel  gas  transmission  lines,  and  "major
    25  steam  generating  facility"  means  a  steam generating facility with a
    26  generating capacity to be determined by the department.
    27    § 3. This act shall take effect on the  same  date  and  in  the  same
    28  manner as a chapter of the laws of 2019, amending the labor law relating
    29  to  ensuring  that  utility  employees  receive  the prevailing wage, as
    30  proposed in legislative bills numbers S. 6265-A  and  A.  8083-A,  takes
    31  effect,  provided,  however,  that  section  two  of this act shall take
    32  effect on the one hundred eightieth day after it  shall  have  become  a
    33  law.

    34                                  SUBPART Z
 
    35    Section 1. Paragraph (b) of subdivision 2 of section 280-b of the real
    36  property  law,  as  added by a chapter of the laws of 2019, amending the
    37  real property law relating to regulation  of  reverse  mortgages  issued
    38  under  the  federal home equity conversion mortgage for seniors program,
    39  as proposed in legislative bills numbers S. 4407 and A. 5626, is amended
    40  to read as follows:
    41    (b) use the words  "government  insured"  or  other  similar  language
    42  [representing] in a manner that falsely represents that reverse mortgage
    43  loans are insured, supported and sponsored by any governmental entity in
    44  any commercial, mailing, advertisement or writing relating thereto; or
    45    §  2.  This  act  shall  take  effect on the same date and in the same
    46  manner as a chapter of the laws of 2019, amending the real property  law
    47  relating  to  regulation  of  reverse mortgages issued under the federal
    48  home equity conversion mortgage for  seniors  program,  as  proposed  in
    49  legislative bills numbers S. 4407 and A. 5626, takes effect.
 
    50                                 SUBPART AA
 
    51    Section  1.  Title  9  of article 37 of the environmental conservation
    52  law, as added by a chapter of the laws of  2019  amending  the  environ-

        S. 7505--B                         89                         A. 9505--B
 
     1  mental  conservation  law  relating  to regulation of toxic chemicals in
     2  children's products, as proposed in legislative bills numbers  S.  501-B
     3  and A.  6296-A, is amended to read as follows:
     4                                  TITLE IX
     5                   TOXIC CHEMICALS IN CHILDREN'S PRODUCTS
     6  Section 37-0901. Definitions.
     7          37-0903. [Consumer notice] Applicability.
     8          37-0905. Chemicals of concern and high-priority chemicals.
     9          [37-0905.] 37-0907. Reporting on the use of chemicals.
    10          [37-0907.]  37-0909. Sales prohibition.
    11          [37-0909. Applicability.]  37-0911.  Children's  product  safety
    12                     council; established.
    13          [37-0911. Enforcement and  implementation]  37-0913.  Notice  to
    14                     retailers and the public.
    15          [37-0913. Regulations] 37-0915. Enforcement and implementation.
    16          37-0917. Regulations.
    17  § 37-0901. Definitions.
    18    As  used  in  this  title, unless the context otherwise indicates, the
    19  following terms have the following meanings.
    20    1. "Children's apparel" means any item of clothing  that  consists  of
    21  fabric  or  related  material intended or promoted for use in children's
    22  clothing. Children's apparel does not mean protective equipment designed
    23  to prevent injury, including,  but  not  limited  to,  bicycle  helmets,
    24  athletic supporters, knee pads or elbow pads.
    25    2.  "Chemical" means a substance with a distinct molecular composition
    26  or a group of structurally related substances and includes the breakdown
    27  products of the substance or substances that form through decomposition,
    28  degradation or metabolism.
    29    3. "[Chemicals] Chemical of concern" [means:
    30    (a) 1,1,2,2-Tetrachloroethane (CAS 79-34-5)
    31    (a-1) 1,2-Dibromoethane (CAS 106-93-4)
    32    (a-2) 1,1,3,3-Tetramethyl-4-butylphenol; 4-tert-octylphenol (CAS  140-
    33  66-9)
    34    (a-3) (1,1,3,3 - Tetramethylbutyl) Phenol; Octylphenol (CAS
    35  27193-28-8)
    36    (a-4) 1,3-Butadiene (CAS 106-99-0)
    37    (b) 1,4-Dioxane (CAS 123-91-1)
    38    (c)  2,2',3,3',4,4',5,5',6,6'-Decabromodiphenyl  ether;  BDE-209  (CAS
    39  1163-19-5)
    40    (d) 2,4-Diaminotoluene (CAS 95-80-7)
    41    (d-1) 2,4-Dihydroxybenzophenone; resbenzophenone (CAS 131-56-6)
    42    (e) 2-Aminotoluene (CAS 95-53-4)
    43    (f) 2-Ethylhexanoic acid (CAS 149-57-5)
    44    (f-1)  2-Ethyl-hexyl-2,  3,  4,  5   tetrabromobenzoate   (TBB)   (CAS
    45  183658-27-7)
    46    (g) 2-Ethyl-hexyl-4-methoxycinnamate (CAS 5466-77-3)
    47    (g-1) 2-Napthylamine (CAS 91-59-8)
    48    (h) 2-Methoxyethanol (CAS 109-86-4)
    49    (i)     3,3'-Dimethylbenzidine     and     dyes     metabolized     to
    50  3,3'-Dimethylbenzidine (CAS 119-93-7)
    51    (i-1) 4-Hydroxybiphenol (CAS 92-69-3)
    52    (j)  4-Nonylphenol;  4-NP  and  its  isomer  mixtures  including   CAS
    53  84852-15-3 and CAS 25154-52-3 (CAS 104-40-5)
    54    (j-1) 4,4-methylenebis(2-chloroaniline) (CAS 101-14-4)
    55    (k)    4-Tert-octylphenol;    1,1,3,3-Tetramethyl-4-butylphenol   (CAS
    56  140-66-9)

        S. 7505--B                         90                         A. 9505--B

     1    (l) Acetaldehyde (CAS 75-07-0)
     2    (m) Acrylonitrile (CAS 107-13-1)
     3    (n) Aniline (CAS 62-53-3)
     4    (o) Antimony & antimony compounds (CAS 7440-36-0)
     5    (p)  Arsenic  &  arsenic  compounds  (CAS 7440-38-2) including arsenic
     6  trioxide & dimethyl arsenic (CAS 75-60-5)
     7    (q) Asbestos (CAS 1332-21-4)
     8    (r) Benzene (CAS 71-43-2)
     9    (s) Benzene, pentachloro (CAS 608-93-5)
    10    (s-1) Benzidine and its salts (CAS 92-87-5)
    11    (t)  Benzophenone-2  (BP-2);  2,2',4,4'-tetrahydroxybenzophenone  (CAS
    12  131-55-5)
    13    (t-1) Bis(2-ethylhexyl) tetrabromophtalate (TBPH) (CAS 26040-51-7)
    14    (t-2)    Bis(chloromethyl)    propane-1-3-diyltetrakis-(2-chloroethyl)
    15  bis(phosphate)(V6)(CAS 38051-10-4)
    16    (u) Bisphenol A (CAS 80-05-7)
    17    (u-1) Bisphenol F (CAS 620-92-8)
    18    (u-2) Bisphenol S (CAS 80-09-1)
    19    (v) Butyl benzyl phthalate (BBP) (CAS 85-68-7)
    20    (w) Butyl paraben (CAS 94-28-6)
    21    (x) Butylated Hydroxyanisole; (BHA) (CAS 25013-16-5)
    22    (y) C.I. solvent yellow 14 (CAS 842-07-9)
    23    (z) Cadmium & cadmium compounds (CAS 7440-43-9)
    24    (aa) Carbon disulfide (CAS 75-15-0)
    25    (aa-1) Chlorinated paraffins (CAS 108171-26-2)
    26    (bb) Cobalt & cobalt compounds (CAS 7440-48-4)
    27    (bb-1) Decabromodiphenyl ethane (DBPE) (CAS 84852-53-9)
    28    (bb-2) Decabromodiphenyl ether (CAS 163-19-5)
    29    (cc) Di-2-ethylhexyl phthalate (CAS 117-81-7)
    30    (cc-1) Di-(2-methoxyethyl) phthalate (DMEP) (CAS 117-82-8)
    31    (dd) Dibutyl phthalate (CAS 84-74-2)
    32    (dd-1) Dicyclohexyl phthalate (DCHP) (CAS 84-61-7)
    33    (ee) Diethyl phthalate (CAS 84-66-2)
    34    (ee-1) Diisobutyl phthalate (DIBP) (CAS 84-69-5)
    35    (ff) Diisodecyl phthalate (DIDP) (CAS 26761-40-0)
    36    (gg) Diisononyl phthalate (DINP) (CAS 28553-12-0)
    37    (hh) Di-n-hexyl phthalate (CAS 84-75-3)
    38    (ii) Di-n-octyl phthalate (DNOP) (CAS 117-84-0)
    39    (ii-1) Dipentyl phthalate (DPP) (CAS 131-18-0)
    40    (ii-2) Epichlorohydrin (CAS 106-98-9)
    41    (jj) Estragole (CAS 140-67-0)
    42    (kk) Ethyl paraben (CAS 120-47-8)
    43    (ll) Ethylbenzene (CAS 100-41-4)
    44    (mm) Ethylene glycol (CAS 107-21-1)
    45    (nn) Ethylene glycol monoethyl ester (CAS 110-80-5)
    46    (nn-1) Ethyl hexyl d-phenol phosphate (EHDPP) (CAS 1241-94-7)
    47    (oo) Formaldehyde (CAS 50-0-0)
    48    (pp) Hexabromocyclododecane (HBCD) (CAS 25637-99-4)
    49    (qq) Hexachlorobenzene (CAS 118-74-1)
    50    (rr) Hexachlorobutadiene (CAS 87-68-3)
    51    (rr-1) Isopropylated triphenyl phosphate (IPTPP) (CAS 68437-41-7)
    52    (ss) Lead & lead compounds (CAS 7439-92-1)
    53    (tt) Mercury & mercury  compounds  (CAS  7439-97-6)  including  methyl
    54  mercury (CAS 22967-92-6)
    55    (uu) Methyl ethyl ketone (CAS 78-93-3)
    56    (vv) Methyl paraben (CAS 99-76-3)

        S. 7505--B                         91                         A. 9505--B

     1    (ww) Methylene chloride (CAS 75-09-2)
     2    (ww-1) Methyl tert-butyl ether (MTBE) (CAS 1634-04-4)
     3    (xx) Molybdenum & molybdenum compounds (CAS 7439-98-7)
     4    (xx-1) Mono-n-butylphthalate (CAS 131-70-4)
     5    (yy) N-methylpyrrolidone (CAS 872-50-4)
     6    (yy-1) Nickel and nickel compounds (CAS N/A)
     7    (zz) N-nitrosodimethylamine (CAS 62-75-9)
     8    (aaa) N-nitrosodiphenylamine (CAS 86-30-6)
     9    (bbb) Nonylphenol (CAS 25154-52-3)
    10    (ccc) Para-chloroaniline (CAS 106-47-3)
    11    (ddd) Perchloroethylene (CAS 127-18-4)
    12    (ddd-1)   Perflurooctanoic  acid  (PFOA  &  related  substances)  (CAS
    13  335-67-1)
    14    (eee) Perfluorooctanyl sulphonic acid and its salts (PFOS) (CAS  1763-
    15  23-1)
    16    (fff) Phenol (CAS 108-95-2)
    17    (ggg) Phenol, 4-octyl- (CAS 1806-26-4)
    18    (hhh) P-hydroxybenzoic acid (CAS 99-96-7)
    19    (iii) Propyl paraben (CAS 94-13-3)
    20    (iii-1) Short chain chlorinated paraffins (SCCP) (CAS 85535-84-8)
    21    (jjj) Silica, crystalline (in the form of quartz or cristabolite dust)
    22  (CAS 14808-60-7)
    23    (kkk) Styrene (CAS 100-42-5)
    24    (lll) Tetrabromobisphenol A (CAS 79-94-7)
    25    (lll-1) Tetrachloroethene (CAS 127-18-4)
    26    (mmm) Toluene (CAS 108-88-3)
    27    (mmm-1) Tricresyl phosphate (TCP) (CAS 1330-78-5)
    28    (mmm-2) Tri-n-butyl phosphate (TNBP) (CAS 126-73-8)
    29    (mmm-3) Triphenyl phosphate (TPP) (CAS 115-86-6)
    30    (nnn) Tris(1,3-dichloro-2-propyl) phosphate (CAS 13674-87-3)
    31    (nnn-1) Tris(1-chloro-2-propyl) phosphate (TCPP) (CAS 13674-84-5)
    32    (ooo) Tris(2-chloroethyl) phosphate (CAS 115-96-8)
    33    (ooo-1) Tris(2,3-dibromopropylphosphate) (CAS 126-72-7)
    34    (ppp) Vinyl chloride (CAS 75-01-4)] means a chemical identified by the
    35  department  by  rule  pursuant  to subdivision one of section 37-0905 of
    36  this title.
    37    4. "Children" means a person or persons aged twelve and under.
    38    5. "Children's product" means a consumer  product  primarily  intended
    39  for,  made  for  or marketed for use by children, such as baby products,
    40  toys, car seats, school supplies, personal care products as  defined  in
    41  section  37-0117  of this article, a product designed or intended by the
    42  manufacturer to help a child with sucking  or  teething,  to  facilitate
    43  sleep,  relaxation,  or  the  feeding of a child, and children's novelty
    44  products, children's jewelry as defined in section 37-0115 of this arti-
    45  cle, children's bedding, furniture, furnishings, and  apparel.    "Chil-
    46  dren's  product" does not include (a) batteries; [or] (b) consumer elec-
    47  tronic products and their component parts including but not  limited  to
    48  personal  computers,  audio  and  video equipment, calculators, wireless
    49  phones, game consoles, video toys that  can  be  connected  to  a  video
    50  screen and are operated at a nominal voltage exceeding twenty-four volts
    51  and handheld devices incorporating a video screen, used to access inter-
    52  active  software  and  their  associated  peripherals,  accessories  and
    53  peripherals to children's electronic products including plugs, keyboards
    54  and headphones, interactive software, intended for  leisure  and  enter-
    55  tainment,  such  as  computer  games,  and  their storage media, such as
    56  compact disks; or (c) [a food or beverage or an additive to  a  food  or

        S. 7505--B                         92                         A. 9505--B

     1  beverage  regulated  by  the United States Food and Drug Administration.
     2  "Children's product" also does not include a drug, biologic  or  medical
     3  device  regulated  by  the  United  States Food and Drug Administration]
     4  sporting  equipment including bicycles and tricycles, skis, snow boards,
     5  sleds, and roller skates; and hunting and fishing  equipment  or  compo-
     6  nents thereof; (d) science kits including chemistry sets and model rock-
     7  ets;  (e)  toy engines and sets of darts with metallic points; (f) motor
     8  vehicles or their component parts, watercraft or their component  parts,
     9  all-terrain  vehicles  or their component parts, or off-highway motorcy-
    10  cles or their component parts.
    11    6. "Consumer product" means any product  that  is  regularly  used  or
    12  purchased to be used for personal, family or household purposes. Consum-
    13  er  product  shall  not mean: (a) a food or beverage or an additive to a
    14  food or beverage regulated by the United States Food and  Drug  Adminis-
    15  tration;  or  (b)  a  drug,  biologic or medical device regulated by the
    16  United States Food and Drug Administration.
    17    [6.] 7. "Distributor" means a person who sells children's products  to
    18  retail establishments on a wholesale basis.
    19    [7.]  8.  "Manufacturer" means any person who currently manufactures a
    20  children's product or whose brand name  is  affixed  to  the  children's
    21  product.  In the case of a children's product that was imported into the
    22  United States, "manufacturer" includes the importer  or  first  domestic
    23  distributor  of the children's product if the person who currently manu-
    24  factures or assembles the children's product  or  whose  brand  name  is
    25  affixed to the children's product does not have a presence in the United
    26  States.
    27    [8.]  9.  "Practical quantification limit" means the lowest level that
    28  can be reliably achieved within specified limits of precision and  accu-
    29  racy during routine laboratory operating conditions.
    30    [9.  "Dangerous] 10. "High-priority chemical" means (a) [the following
    31  chemicals:
    32    CASRN13674-87-8   Tris (1, 3 dichloro-2-propyl) phosphate
    33    CASRN71-43-2      Benzene
    34    CASRN7439-92-1    lead and compounds (inorganic)
    35    CASRN7439-97-6    Mercury and mercury compounds, including methyl
    36                      mercury (CASRN 22967-92-6)
    37    CASRN50-00-0      Formaldehyde
    38    CASRN1332-21-4    Asbestos
    39    CASRN7440-38-2    Arsenic and arsenic compounds including arsenic
    40                      trioxide (CASRN 1327-53-3)
    41                      and dimethyl arsenic (CASRN 75-60-5)
    42    CASRN7440-43-9    Cadmium
    43    CASRN Assorted    Organohalogen flame retardants
    44    (b) a chemical adopted by the department pursuant to section  37-0903]
    45  a  chemical  designated  pursuant to paragraph (a) of subdivision two of
    46  section 37-0905 of this title; and
    47    (b) a chemical adopted by the department pursuant to paragraph (b)  of
    48  subdivision two of section 37-0905 of this title.
    49    [10.] 11. "Intentionally added chemical" means a chemical in a product
    50  that serves an intended function in the product component.
    51    12.  "Toy" means a product designed or intended by the manufacturer to
    52  be used by children at play.
    53    13. "Trace contaminant" means a trace amount of a chemical  or  chemi-
    54  cals  that  is  incidental  to  manufacturing,  including  an unintended
    55  by-product of chemical reactions during the  manufacture  of  the  chil-

        S. 7505--B                         93                         A. 9505--B
 
     1  dren's  product, a trace impurity in feed-stock, an incompletely reacted
     2  chemical mixture, or a degradation product.
     3    14.  "Very  persistent" means having a half-life greater than or equal
     4  to one of the following: (a) a half-life in soil or sediment of  greater
     5  than  one  hundred eighty days; (b) a half-life greater than or equal to
     6  sixty days in water or evidence of long-range transport.
     7    15. "Very bioaccumulative" means having a bioconcentration  factor  or
     8  bioaccumulation  factor  greater  than  or equal to five thousand, or if
     9  neither are available, having a log Kow greater than 5.0.
    10  § 37-0903. [Consumer notice.
    11    1. Publishing of lists. Within one hundred eighty days of  the  effec-
    12  tive  date  of  this title, the department shall post lists of dangerous
    13  chemicals and chemicals of concern on the department's website.
    14    2. Periodic review. (a)  The  department,  in  consultation  with  the
    15  department  of  health,  shall periodically review the list of dangerous
    16  chemicals and, may through regulation, add or remove dangerous chemicals
    17  or chemicals of concern from such lists.
    18    (b) The department, in consultation with the department of health, may
    19  identify a chemical as a dangerous chemical if, upon such review, it  is
    20  present in a children's product and meets any of the following criteria:
    21    (i)  The  chemical or its metabolites have been found through biomoni-
    22  toring to be present in humans;
    23    (ii) The chemical has been found through sampling and analysis  to  be
    24  present  in  household  dust, indoor air, drinking water or elsewhere in
    25  the home environment;
    26    (iii) The chemical has been found through monitoring to be present  in
    27  fish, wildlife or the natural environment; or
    28    (iv)  The sale or use of the chemical or a children's product contain-
    29  ing the chemical has been banned in another state or states  within  the
    30  United States because of the health effects of such chemical.
    31    (c) The department, in consultation with the department of health, may
    32  remove  a chemical from the list of dangerous chemicals if, upon review,
    33  it determines on the basis of credible  scientific  evidence  that  such
    34  chemical no longer meets the criteria for listing under paragraph (b) of
    35  this subdivision.
    36    (d)  The  department,  in  consultation  with the department of health
    37  shall identify a chemical as a chemical of concern if, upon  review,  it
    38  determines  that the chemical has been identified by a state, federal or
    39  international governmental entity on the basis  of  credible  scientific
    40  evidence as:
    41    (i)  A  carcinogen, reproductive or developmental toxicant, neurotoxi-
    42  cant, asthmagen, or endocrine disruptor;
    43    (ii) Persistent, bioaccumulative and toxic; or
    44    (iii) Very persistent and very bioaccumulative.] Applicability.
    45    1. New children's products. The provisions of this title  shall  apply
    46  to  chemicals  of  concern  and  high-priority  chemicals  in children's
    47  products sold or distributed as new and does not  apply  to  used  chil-
    48  dren's  products  that  are  sold  or distributed for free at secondhand
    49  stores, yard sales, on the internet or donated to charities.
    50    2. Exceptions. (a) The requirements of this title shall not  apply  to
    51  high  priority  chemicals  used  in  or  for  industry or manufacturing,
    52  including chemicals processed or otherwise used in or for industrial  or
    53  manufacturing processes and not included in the final product.
    54    (b)  Combustion.  The  requirements  of  this title shall not apply to
    55  high-priority chemicals generated solely as  combustion  by-products  or
    56  that are present in combustible fuels.

        S. 7505--B                         94                         A. 9505--B
 
     1    (c) Small business exception. The requirements of this title shall not
     2  apply  to  children's  product manufacturers that employ five persons or
     3  fewer and are independently owned and operated.
     4    (d)  Retailers.  A  retailer  is  exempt from the requirements of this
     5  title unless that retailer knowingly sells a children's product contain-
     6  ing a high-priority chemical after the effective date of its prohibition
     7  for which that retailer has received notification  pursuant  to  section
     8  37-0913 of this title.
     9  § 37-0905. Chemicals of concern and high-priority chemicals.
    10    1. Chemicals of concern.
    11    (a)  Within two years of the effective date of this title, the depart-
    12  ment, in consultation with the department of health, shall promulgate  a
    13  list  of chemicals of concern. A chemical may be listed as a chemical of
    14  concern if it has been identified by a government entity and/or  identi-
    15  fied on the basis of credible scientific evidence as being:
    16    (i)  a  carcinogen, reproductive or developmental toxicant, neurotoxi-
    17  cant, asthmagen, or endocrine disruptor;
    18    (ii) persistent, bioaccumulative and toxic; or
    19    (iii) very persistent and very bioaccumulative.
    20    (b) The department shall review lists codified or promulgated in other
    21  states as chemicals of concern to determine if such chemicals  meet  the
    22  criteria of paragraph (a) of this subdivision. The department at a mini-
    23  mum shall consider:
    24    (i) 1,1,2,2-Tetrachloroethane (CAS 79-34-5)
    25    (ii)    1,1,3,3-Tetramethyl-4-butylphenol;   4-tert-octylphenol   (CAS
    26  140-66-9)
    27    (iii) 1,4-Dioxane (CAS 123-91-1)
    28    (iv) 2,2',3,3',4,4',5,5',6,6'-Decabromodiphenyl  ether;  BDE-209  (CAS
    29  1163-19-5)
    30    (v) 2,4-Diaminotoluene (CAS 95-80-7)
    31    (vi) 2-Aminotoluene (CAS 95-53-4)
    32    (vii) 2-Ethylhexanoic acid (CAS 149-57-5)
    33    (viii)  2-Ethyl-hexyl-2, 3, 4, 5 tetrabromobenzoate (TBB) (CAS 183658-
    34  27-7)
    35    (ix) 2-Ethyl-hexyl-4-methoxycinnamate (CAS 5466-77-3)
    36    (x) 2-Methoxyethanol (CAS 109-86-4)
    37    (xi)    3,3'-Dimethylbenzidine     and     dyes     metabolized     to
    38  3,3'-Dimethylbenzidine (CAS 119-93-7)
    39    (xii)  4-Nonylphenol;  4-NP  and  its  isomer  mixtures  including CAS
    40  84852-15-3 and CAS 25154-52-3 (CAS 104-40-5)
    41    (xiii) Acetaldehyde (CAS 75-07-0)
    42    (xiv) Acrylonitrile (CAS 107-13-1)
    43    (xv) Aniline (CAS 62-53-3)
    44    (xvi) Antimony & antimony compounds (CAS 7440-36-0)
    45    (xvii) Arsenic & arsenic compounds (CAS 7440-38-2)  including  arsenic
    46  trioxide & dimethyl arsenic (CAS 75-60-5)
    47    (xviii) Asbestos (CAS 1332-21-4)
    48    (xix) Benzene (CAS 71-43-2)
    49    (xx) Benzene, pentachloro (CAS 608-93-5)
    50    (xxi)  Benzophenone-2  (BP-2); 2,2',4,4'-tetrahydroxybenzophenone (CAS
    51  131-55-5)
    52    (xxii) Bis(2-ethylhexyl) tetrabromophtalate (TBPH) (CAS 26040-51-7)
    53    (xxiii)   Bis(chloromethyl)   propane-1-3-diyltetrakis-(2-chloroethyl)
    54  bis(phosphate)(V6)(CAS 38051-10-4)
    55    (xxiv) Bisphenol A (CAS 80-05-7)
    56    (xxv) Bisphenol F (CAS 620-92-8)

        S. 7505--B                         95                         A. 9505--B
 
     1    (xxvi) Bisphenol S (CAS 80-09-1)
     2    (xxvii) Butyl benzyl phthalate (BBP) (CAS 85-68-7)
     3    (xxviii) Butylated Hydroxyanisole; (BHA) (CAS 25013-16-5)
     4    (xxix) C.I. solvent yellow 14 (CAS 842-07-9)
     5    (xxx) Cadmium & cadmium compounds (CAS 7440-43-9)
     6    (xxxi) Carbon disulfide (CAS 75-15-0)
     7    (xxxii) Chlorinated paraffins (CAS 108171-26-2)
     8    (xxxiii) Cobalt & cobalt compounds (CAS 7440-48-4)
     9    (xxxiv) Decabromodiphenyl ethane (DBPE) (CAS 84852-53-9)
    10    (xxxv) Di-2-ethylhexyl phthalate (CAS 117-81-7)
    11    (xxxvi) Di-(2-methoxyethyl) phthalate (DMEP) (CAS 117-82-8)
    12    (xxxvii) Dicyclohexyl phthalate (DCHP) (CAS 84-61-7)
    13    (xxxviii) Diethyl phthalate (CAS 84-66-2)
    14    (xxxix) Diisobutyl phthalate (DIBP) (CAS 84-69-5)
    15    (xl) Di-n-hexyl phthalate (CAS 84-75-3)
    16    (xli) Di-n-octyl phthalate (DNOP) (CAS 117-84-0)
    17    (xlii) Dipentyl phthalate (DPP) (CAS 131-18-0)
    18    (xliii) Ethylene glycol (CAS 107-21-1)
    19    (xliv) Ethylene glycol monoethyl ester (CAS 110-80-5)
    20    (xlv) Ethyl hexyl d-phenol phosphate (EHDPP) (CAS 1241-94-7)
    21    (xlvi) Formaldehyde (CAS 50-0-0)
    22    (xlvii) Hexabromocyclododecane (HBCD) (CAS 25637-99-4)
    23    (xlviii) Hexachlorobenzene (CAS 118-74-1)
    24    (xlix) Hexachlorobutadiene (CAS 87-68-3)
    25    (l) Isopropylated triphenyl phosphate (IPTPP) (CAS 68437-41-7)
    26    (li)  Mercury  &  mercury  compounds  (CAS 7439-97-6) including methyl
    27  mercury (CAS 22967-92-6)
    28    (lii) Methyl ethyl ketone (CAS 78-93-3)
    29    (liii) Methyl paraben (CAS 99-76-3)
    30    (liv) Methylene chloride (CAS 75-09-2)
    31    (lv) N-methylpyrrolidone (CAS 872-50-4)
    32    (lvi) Nickel and nickel compounds (CAS N/A)
    33    (lvii) N-nitrosodimethylamine (CAS 62-75-9)
    34    (lviii) N-nitrosodiphenylamine (CAS 86-30-6)
    35    (lvix) Perchloroethylene (CAS 127-18-4)
    36    (lx) Perfluorooctanoic acid (PFOA & related substances) (CAS 335-67-1)
    37    (lxi) Perfluorooctanyl sulphonic acid and its salts (PFOS) (CAS  1763-
    38  23-1)
    39    (lxii) Phenol (CAS 108-95-2)
    40    (lxiii) Phenol, 4-octyl- (CAS 1806-26-4)
    41    (lxiv) P-hydroxybenzoic acid (CAS 99-96-7)
    42    (lxv) Propyl paraben (CAS 94-13-3)
    43    (lxvi) Styrene (CAS 100-42-5)
    44    (lxvii) Tetrabromobisphenol A (CAS 79-94-7)
    45    (lxviii)Tetrachloroethene (CAS 127-18-4)
    46    (lxix) Toluene (CAS 108-88-3)
    47    (lxx) Tricresyl phosphate (TCP) (CAS 1330-78-5)
    48    (lxxi) Tri-n-butyl phosphate (TNBP) (CAS 126-73-8)
    49    (lxxii) Triphenyl phosphate (TPP) (CAS 115-86-6)
    50    (lxxiii) Tris(1-chloro-2-propyl) phosphate (TCPP) (CAS 13674-84-5)
    51    (lxxiv) Tris(2-chloroethyl) phosphate (CAS 115-96-8)
    52    (lxxv) Tris(2,3-dibromopropylphosphate) (CAS 126-72-7)
    53    (lxxvi) Vinyl chloride (CAS 75-01-4)
    54    (lxxvii) Organohalogen flame retardants
    55    (c)  The  department,  in  consultation with the department of health,
    56  shall periodically review the list  of  chemicals  of  concern  and  may

        S. 7505--B                         96                         A. 9505--B
 
     1  through  regulation  add or remove a chemical from the list on the basis
     2  of credible scientific evidence. The department may  remove  a  chemical
     3  from  the list of chemicals of concern if, upon review, it determines on
     4  the  basis  of credible scientific evidence that such chemical no longer
     5  meets the criteria for listing under paragraph (a) of this subdivision.
     6    2. High-priority chemicals. (a) The following chemicals are designated
     7  high priority chemicals for purposes of this title:
     8    (i) Tris (1, 3 dichloro-2-propyl) phosphate (CAS 13674-87-8)
     9    (ii) Benzene (CAS 71-43-2)
    10    (iii) Mercury and mercury compounds,  including  methyl  mercury  (CAS
    11  7439-97-6)
    12    (iv) Asbestos (CAS 1332-21-4)
    13    (v)  Arsenic  and  arsenic compounds (CAS 7440-38-2) including arsenic
    14  trioxide (CASRN 1327-53-3) and dimethyl arsenic (CASRN 75-60-5)
    15    (vi) Cadmium (CAS 7440-43-9) (other than toy coatings)
    16    (vii) Organohalogen flame retardants in upholstered bedding or  furni-
    17  ture
    18    (b) The department shall periodically review the list of high priority
    19  chemicals  and may by rule add to the list of high-priority chemicals if
    20  the criteria of paragraph (a) of subdivision one of this section are met
    21  and the chemical is present in a children's product and meets any of the
    22  following criteria:
    23    (i) The chemical or its metabolites have been found  through  biomoni-
    24  toring to be present in humans;
    25    (ii)  The  chemical has been found through sampling and analysis to be
    26  present in household dust, indoor air, drinking water  or  elsewhere  in
    27  the home environment;
    28    (iii)  The chemical has been found through monitoring to be present in
    29  fish, wildlife or the natural environment; or
    30    (iv) The sale or use of the chemical or a children's product  contain-
    31  ing  the  chemical has been banned in another state or states within the
    32  United States because of the health effects  of  such  chemical  or  the
    33  children's  product  safety  council  established  pursuant  to  section
    34  37-0911 of this title has recommended the chemical be listed as a  high-
    35  priority  chemical.    The  department  shall,  as  part of its periodic
    36  review, consider whether the sale or use of a chemical or  a  children's
    37  product  containing  the  chemical  has  been banned in another state or
    38  within the United States because of the health effects of such chemical.
    39    (c) The department, in consultation with the department of health, may
    40  remove a chemical from the list of high priority chemicals if it  deter-
    41  mines on the basis of credible scientific evidence that such chemical no
    42  longer meets the criteria of paragraph (b) of this subdivision.
    43  § [37-0905.] 37-0907. Reporting on the use of chemicals.
    44    1.  Reporting  of  chemical  use.  No later than twelve months after a
    45  [dangerous] chemical of concern or high-priority chemical appears on the
    46  [list published] lists promulgated pursuant to section [37-0903] 37-0905
    47  of this title, every manufacturer who offers a  children's  product  for
    48  sale  or  distribution in this state that contains a [dangerous chemical
    49  or] chemical of concern or a high-priority chemical  shall  report  such
    50  chemical  use at or above practical quantification limits to the depart-
    51  ment, provided however, that the  department  may,  through  regulation,
    52  establish  an  alternative  threshold for the reporting of trace contam-
    53  inants.
    54    (a) This report must at a minimum identify the children's product, the
    55  [dangerous] high-priority chemical or chemicals of concern contained  in

        S. 7505--B                         97                         A. 9505--B
 
     1  the  children's product and the intended purpose of such chemicals.  The
     2  department may also require reporting of the following information:
     3    (i) the amount of such chemical in the children's product; or
     4    (ii)  information on the likelihood that the chemical will be released
     5  from the children's product to the environment during the product's life
     6  cycle and the extent to which users of the  product  are  likely  to  be
     7  exposed to the chemical.
     8    (b)  The  department is authorized to direct submission of such report
     9  to the interstate chemicals clearinghouse and may otherwise provide  for
    10  reciprocal data sharing with other states which require reporting of the
    11  same information.
    12    2.  Waiver  of  reporting.  Upon  application  by  a manufacturer, the
    13  commissioner may waive all or part of the reporting  requirements  under
    14  subdivision  one  of  this  section  for one or more specified uses of a
    15  [dangerous] high-priority chemical. In making  such  determination,  the
    16  commissioner  may  consider: (a) if substantially equivalent information
    17  is already publicly available or that the information is not needed  for
    18  the  purposes  of  this  chapter,  (b)  similar waivers granted by other
    19  states, and (c) whether the specified use or uses are minor in volume.
    20    3. [Notice. (a) A manufacturer of a children's  product  containing  a
    21  dangerous  chemical shall notify persons that offer the children's prod-
    22  uct for sale or distribution in the state, in a form prescribed  by  the
    23  department, of the presence of such dangerous chemical, and provide such
    24  persons with information regarding the toxicity of such chemical.
    25    (b)  The  department  shall notify consumers about children's products
    26  containing chemicals of concern and dangerous chemicals.  The  notifica-
    27  tion shall be published on the department's website.
    28    4.]  Fees.    The  manufacturer  shall  pay a fee upon submission of a
    29  report of chemical use pursuant to subdivision one of this section or  a
    30  waiver  request pursuant to subdivision two of this section to cover the
    31  department's reasonable costs in the administration and  enforcement  of
    32  this  title.  Exclusive  of  fines  and  penalties, the state shall only
    33  recover its actual cost of administration and enforcement.
    34  § [37-0907.] 37-0909. Sales prohibition.
    35    1. Effective January first, two thousand twenty-three, no person shall
    36  distribute, sell or offer for sale in this state  a  children's  product
    37  [containing]  in  which  tris  (1,  3  dichloro-2-propyl) phosphate (CAS
    38  13674-87-8),  benzene  (CAS  71-43-2),  [formaldehyde  (other  than   in
    39  textiles)],  or  asbestos[,  and  organohalogen  flame  retardents] (CAS
    40  1332-21-4) is intentionally added. This provision shall not  apply:  (a)
    41  to  a  children's  product  solely  based  on its containing an enclosed
    42  battery or enclosed electronic components [and]; (b) where  state  regu-
    43  lation of children's products is preempted by federal law; (c) where the
    44  chemical  is  present  as a trace contaminant; or (d) to an inaccessible
    45  component of a children's product that  during  reasonable,  foreseeable
    46  use  and  abuse of the product would not come into direct contact with a
    47  child's skin or mouth, as determined by the department. The commissioner
    48  may exempt a children's product from this prohibition if, in the commis-
    49  sioner's judgment, the lack of availability of  the  children's  product
    50  could pose an unreasonable risk to public health, safety or welfare.
    51    2. [Effective three years after being added to the dangerous chemicals
    52  list,  no person shall distribute, sell, or offer for sale in this state
    53  a children's product that contains a chemical  added  to  the  dangerous
    54  chemicals  list  pursuant  to  section 37-0903 of this title] (a) To the
    55  extent allowed by  federal  law,  the  department  may,  by  regulation,
    56  prohibit  the  distribution,  sale, or offer for sale in this state of a

        S. 7505--B                         98                         A. 9505--B
 
     1  children's product that contains a chemical added to  the  high-priority
     2  chemicals  list pursuant to section 37-0905 of this title, or a chemical
     3  recommended for prohibition by the  children's  product  safety  council
     4  pursuant to paragraph (b) of subdivision five of section 37-0911 of this
     5  title.
     6    (b) In developing rules to prohibit a chemical pursuant to this subdi-
     7  vision,  the  department  shall rely on credible scientific evidence and
     8  consider information relevant to the hazards based on  the  quantitative
     9  extent  of  potential  exposures  to  the chemical under its intended or
    10  reasonably anticipated conditions of use.
    11    § 37-0911. Children's product safety council;  established.  1.  There
    12  shall  be  established,  within  the  department, the children's product
    13  safety council. Such  council  shall  be  composed  of  ten  members  as
    14  follows:
    15    (a) the commissioner, or the commissioner's designee, who shall be the
    16  chair of the council;
    17    (b) the commissioner of health or his or her designee;
    18    (c)  a  designee  of  the commissioner with expertise in epidemiology,
    19  toxicology or health risk assessment;
    20    (d) a designee of the commissioner of health with expertise in  epide-
    21  miology, toxicology or health risk assessment; and
    22    (e) six members appointed by the governor, two of whom shall be recom-
    23  mended  by the temporary president of the senate, and two by the speaker
    24  of the assembly.
    25    2. (a) Of the four members appointed to the children's product  safety
    26  council and recommended by the temporary president of the senate and the
    27  speaker  of  the assembly, the temporary president of the senate and the
    28  speaker of the assembly shall each recommend:
    29    (i) one member who has expertise in pediatrics; and
    30    (ii) one member who has a background or  expertise  in  toxicology  or
    31  health risk assessment.
    32    (b)  Of the two additional members appointed to the children's product
    33  safety council, the governor shall appoint members who have a background
    34  in environmental health and safety, risk assessment or medicine.
    35    (c) The members of such council appointed pursuant to paragraph (e) of
    36  subdivision one of this section shall serve terms of two years.
    37    (d) The members appointed pursuant to paragraph (e) of subdivision one
    38  of this section shall each serve his or her term of office or until  his
    39  or her successor is appointed; provided that any vacancy in the position
    40  of  an  appointed  member  shall  be  filled  in  the same manner as the
    41  original appointment and only for the unexpired term of the vacancy.
    42    3. The members of the children's product safety council shall  receive
    43  no  compensation  for  their services, but shall be allowed their actual
    44  and necessary expenses incurred  in  the  performance  of  their  duties
    45  pursuant to this title.
    46    4.  The children's product safety council shall meet at such times and
    47  places as may be determined by its chair. The council shall  meet  at  a
    48  minimum  of two times per year. All meetings shall be open to the public
    49  pursuant to article seven of the public officers law. A majority of  the
    50  members of such council shall constitute a quorum for the transaction of
    51  business.  Action  may be taken, and motions and resolutions adopted, at
    52  any meeting by the affirmative vote of a majority of the full membership
    53  of the council.
    54    5. (a) The council shall make recommendations to the department relat-
    55  ing to those chemicals, which the department may list  as  high-priority
    56  chemicals  pursuant to section 37-0905 of this title.  The council shall

        S. 7505--B                         99                         A. 9505--B
 
     1  provide the department with its first list of recommended  high-priority
     2  chemicals  no  later than one year from the initial meeting of the coun-
     3  cil, and the council shall update the  list  annually  thereafter.    In
     4  determining  what chemicals shall be recommended as high-priority chemi-
     5  cals the council shall, at a minimum, consider the criteria of paragraph
     6  (b) of subdivision two of section 37-0905 of this title;
     7    (b) The council shall make recommendations to the department  relating
     8  to those chemicals which should be prohibited by the department pursuant
     9  to subdivision two of section 37-0909 of this title.
    10    (i)  In  determining  what chemicals shall be recommended for prohibi-
    11  tion, the council shall, at a minimum, consider those  chemicals  listed
    12  as high-priority chemicals pursuant to section 37-0905 of this title.
    13    (ii)  The  council shall provide the department with its first list of
    14  such chemicals no later than two years from the initial meeting  of  the
    15  council.  The  council  shall update the list, including a review of the
    16  chemicals listed as high-priority chemicals pursuant to section  37-0905
    17  of this title, annually thereafter.
    18    6.  The children's product safety council shall be entitled to request
    19  and receive information from any  state,  municipal  department,  board,
    20  commission  or  agency  that may be required or are deemed necessary for
    21  the purposes of such council.
    22    7. Before the council advances any recommendation to  the  department,
    23  the  council  shall  provide  an  opportunity for public and stakeholder
    24  comments.  Final recommendations of the council shall be posted  on  the
    25  department's  website  within  thirty days after the council adopts such
    26  recommendations.
    27    [This provision shall not apply: (a) to a  children's  product  solely
    28  based  on  its  containing  an  enclosed  battery or enclosed electronic
    29  components and (b) where state  regulation  of  children's  products  is
    30  preempted  by  federal  law.    The commissioner may exempt a children's
    31  product from this prohibition if, in the  commissioner's  judgment,  the
    32  lack  of  availability of the children's product could pose an unreason-
    33  able risk to public health, safety or welfare.
    34  § 37-0909. Applicability.
    35    1. New children's products. The provisions of this title  shall  apply
    36  to  chemicals in children's products sold or distributed as new and does
    37  not apply to used children's products that are sold or  distributed  for
    38  free  at  secondhand  stores,  yard sales, on the internet or donated to
    39  charities.
    40    2. Industry. The requirements of this title shall not apply to priori-
    41  ty chemicals used in or for industry or manufacturing, including  chemi-
    42  cals  processed  or otherwise used in or for industrial or manufacturing
    43  processes and not included in the final product.
    44    3. Transportation. The requirements of this title shall not  apply  to
    45  motor  vehicles  or their component parts, watercraft or their component
    46  parts, all terrain vehicles or their  component  parts,  or  off-highway
    47  motorcycles  or  their component parts, except that the use of dangerous
    48  chemicals in detachable car seats is not exempt.
    49    4. Combustion. The requirements of  this  title  shall  not  apply  to
    50  dangerous  chemicals  generated solely as combustion by-products or that
    51  are present in combustible fuels.
    52    5. Exceptions. The requirements of this title shall not apply to chil-
    53  dren's product makers that employ five persons or fewer, and  are  inde-
    54  pendently owned and operated.
    55    6. Retailers. A retailer is exempt from the requirements of this title
    56  unless  that  retailer knowingly sells a children's product containing a

        S. 7505--B                         100                        A. 9505--B

     1  dangerous chemical after the effective date of its prohibition for which
     2  that retailer has received notification pursuant to subdivision three of
     3  section 37-0905 of this title.] § 37-0913. Notice to retailers  and  the
     4  public.
     5    1.  A  manufacturer of a children's product containing a high-priority
     6  chemical shall notify persons that offer the children's product for sale
     7  or distribution in the state, in a form prescribed by the department, of
     8  the use of such high-priority chemical and  provide  such  persons  with
     9  information  regarding  the  toxicity of such chemical, except that this
    10  subdivision shall apply to trace contaminants  in  a  manner  consistent
    11  with section 37-0907 of this title.
    12    2.  The department shall provide information to the public about chil-
    13  dren's products containing chemicals of concern or high priority  chemi-
    14  cals by posting such information as reported by the manufacturers on the
    15  department's website, provided however, that the department shall not be
    16  held liable for the accuracy of a manufacturer's report.
    17  § [37-0911.] 37-0915. Enforcement and implementation.
    18    1.  Failure  to  provide  notice.  A  children's  product containing a
    19  [dangerous] high-priority chemical may not be sold, offered for sale  or
    20  distributed  for sale in this state unless the manufacturer has provided
    21  [the notification] a report to the  department  required  under  section
    22  [37-0905]  37-0907  of  this title by the date required in such section.
    23  The commissioner may exempt a children's product from  this  prohibition
    24  if,  in  the  commissioner's  judgment,  the lack of availability of the
    25  children's product could pose an unreasonable  risk  to  public  health,
    26  safety or welfare.
    27    2.  Statement  of  compliance. [If there are grounds to suspect that a
    28  children's product is being offered for sale in violation of this title,
    29  the] The department may request the manufacturer of the children's prod-
    30  uct to provide a statement of compliance  on  a  form  provided  by  the
    31  department,  within  [ten] fifteen days of receipt of a request from the
    32  department. The statement of compliance shall:
    33    (a) attest that the children's product does not contain  the  [danger-
    34  ous] high-priority chemical; or
    35    (b)  attest  [and  provide  the  department  with  documentation] that
    36  notification [of  the  presence  of  the  dangerous  chemical  has  been
    37  provided  to  the  department  or  provide notice as required by section
    38  37-0905 of this title] required by section 37-0913  of  this  title  has
    39  been provided; [or]
    40    (c)  attest  that  the  manufacturer has notified persons who sell the
    41  product in this state that the sale of the children's product is prohib-
    42  ited;
    43    (d) attest that the presence of a high-priority chemical is only as  a
    44  trace contaminant; or
    45    (e) attest that the chemical prohibited pursuant to subdivision two of
    46  section  37-0909 of this title is only present in an inaccessible compo-
    47  nent of the children's product.
    48  § [37-0913.] 37-0917. Regulations.
    49    The department may adopt any rules and regulations it deems  necessary
    50  to implement the provisions of this title.
    51    §  2.  This  act  shall  take  effect on the same date and in the same
    52  manner as a chapter of the  laws  of  2019  amending  the  environmental
    53  conservation law relating to regulation of toxic chemicals in children's
    54  products,  as  proposed  in  legislative  bills  numbers S. 501-B and A.
    55  6296-A, takes effect.

        S. 7505--B                         101                        A. 9505--B
 
     1                                 SUBPART BB
 
     2    Section 1. Section 58.10 of the local finance law, as added by chapter
     3  643 of the laws of 2019, is amended to read as follows:
     4    §  58.10 Electronic open auction public bond sale pilot program. a. As
     5  used in this section:
     6    1. "Municipality" means a county with a  population  of  four  hundred
     7  thousand  or  more,  or  a city or town with a population of one hundred
     8  thousand or more that has issued at least twenty-five million dollars in
     9  bonds within at least one of the preceding three years.
    10    2. "Nationally recognized electronic securities bidding service" means
    11  a bidding service that is approved by  the  [state  comptroller]  super-
    12  intendent pursuant to subdivision b of this section.
    13    3.  "Open auction" means a bond sale procedure that allows a bidder to
    14  receive information with respect to the ranking of its bids prior to the
    15  conclusion of the bidding period in accordance with  the  municipality's
    16  notice  of  such  bond  sale  circulated  in  accordance with applicable
    17  requirements of this chapter.
    18    4. "Program" means the electronic open auction public bond sale  pilot
    19  program established pursuant to this section.
    20    5. "Superintendent" means the superintendent of financial services.
    21    b. 1. There is hereby established an electronic open auction bond sale
    22  pilot  program authorizing municipalities to conduct open auction public
    23  bond sales  through  any  nationally  recognized  electronic  securities
    24  bidding  service  approved  by  the  [state comptroller] superintendent.
    25  Nationally recognized electronic securities bidding services desiring to
    26  operate an electronic open auction  shall  apply  to  the  [state  comp-
    27  troller] superintendent for authorization to do so by filing an applica-
    28  tion  with  the  [state  comptroller]  superintendent.  The [state comp-
    29  troller] superintendent shall make available an  application  form  that
    30  provides the [state comptroller] superintendent with information regard-
    31  ing  the  technology and security practices maintained by the nationally
    32  recognized electronic securities bidding service, the requirements to be
    33  established for bidding by bidders, the methods by which  auction  sales
    34  are  conducted,  the  experience of the nationally recognized electronic
    35  securities bidding service in conducting  electronic  open  auctions  of
    36  bonds,  and other information the [state comptroller] superintendent may
    37  deem relevant.
    38    2. If the  [state  comptroller]  superintendent  determines  that  the
    39  requirements  and  conditions of the open auction are in accordance with
    40  the provisions of this  chapter  and  the  bidding  service  provides  a
    41  secure, open and competitive opportunity for qualified bidders to submit
    42  proposals, the application shall be deemed approved.
    43    3.  The  [state  comptroller]  superintendent  shall  post information
    44  regarding  the  nationally  recognized  electronic  securities   bidding
    45  services that have been approved for use by municipalities on the [state
    46  comptroller] department of financial services website.
    47    c.  If the chief fiscal officer of the municipality has authorized the
    48  receipt of bids in an electronic open auction  format,  such  electronic
    49  bids  may  be submitted in the form of open auctions conducted through a
    50  nationally recognized electronic securities bidding service which entity
    51  shall be deemed to  be  the  designated  receiving  device  pursuant  to
    52  section  58.00  of this title. Notice of any bond sale shall provide for
    53  the manner in which the bidding period may be extended and the basis for
    54  determination of the winning bidder.

        S. 7505--B                         102                        A. 9505--B
 
     1    d. Notwithstanding the provisions of subdivision one of section  three
     2  hundred  five of the state technology law, if the notice of sale for the
     3  open auction public bond contains a provision that  bids  will  only  be
     4  accepted  electronically  in the manner provided in such notice of sale,
     5  the  municipality shall not be required to accept non-electronic bids in
     6  any form.
     7    e. The  municipality's  chief  fiscal  officer  shall  administer  the
     8  program  and  shall publish its policies and procedures for the procure-
     9  ment of nationally recognized electronic securities bidding services  on
    10  the  municipality's internet website. Such policies and procedures shall
    11  include policies to prevent fraud. Except as modified by  this  section,
    12  the  municipal  program  shall  comply  with  this chapter and all other
    13  applicable laws, rules and regulations related to the sale of bonds.
    14    f. The municipality's chief fiscal officer shall review the electronic
    15  open auction bidding process to ensure that the bond sale was  completed
    16  in  a  timely  fashion;  the  sale was completed without errors; and the
    17  process was favorable as compared to the method currently  used  by  the
    18  municipality.
    19    g.  The municipality shall conduct evaluations of the program annually
    20  with a summary evaluation at the end of the two year program. The  muni-
    21  cipality  shall submit the evaluations to the [state comptroller] super-
    22  intendent, the temporary president of the senate and the speaker of  the
    23  assembly.  Such  report shall include, but not be limited to, any demon-
    24  strated evidence  that  sale  of  public  bonds  using  electronic  open
    25  auctions  is  comparable to the cost of issuing public bonds through the
    26  current sealed bid process, the fees associated with  nationally  recog-
    27  nized  electronic  securities bidding services, whether the use of elec-
    28  tronic open auctions resulted in an  increased  number  of  bidders  and
    29  whether  the  process  was favorable as compared to the method currently
    30  used by the municipality.
    31    § 2. This act shall take effect immediately; provided, that the amend-
    32  ments to section 58.10 of the local finance law made by section  one  of
    33  this act shall not affect the repeal of such section and shall be deemed
    34  to repeal therewith.
 
    35                                 SUBPART CC

    36    Section  1.  Section  2  of chapter 9 of the laws of 2020, relating to
    37  allowing the commissioner of transportation  to  impound  or  immobilize
    38  stretch limousines in certain situations, is amended to read as follows:
    39    §  2. This act shall take effect [one year] on the ninetieth day after
    40  it shall have become a law. Effective immediately, the addition,  amend-
    41  ment and/or repeal of any rule or regulation necessary for the implemen-
    42  tation  of  this act on its effective date are authorized to be made and
    43  completed on or before such effective date.
    44    § 2. This act shall take effect immediately.
    45    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    46  sion, section or part of this act shall be  adjudged  by  any  court  of
    47  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    48  impair, or invalidate the remainder thereof, but shall  be  confined  in
    49  its  operation  to the clause, sentence, paragraph, subdivision, section
    50  or part thereof directly involved in the controversy in which such judg-
    51  ment shall have been rendered. It is hereby declared to be the intent of
    52  the legislature that this act would  have  been  enacted  even  if  such
    53  invalid provisions had not been included herein.

        S. 7505--B                         103                        A. 9505--B
 
     1    §  3.  This  act shall take effect immediately provided, however, that
     2  the applicable effective date of Subparts A through CC of this act shall
     3  be as specifically set forth in the last section of such Subparts.
 
     4                                   PART YY
 
     5    Section 1. Subdivisions 1 and 2 of section 3656 of the public authori-
     6  ties  law, as amended by chapter 685 of the laws of 2003, are amended to
     7  read as follows:
     8    1. The authority shall have the power and is  hereby  authorized  from
     9  time  to  time to issue bonds in such principal amounts as it may deter-
    10  mine to be necessary pursuant to section thirty-six  hundred  fifty-five
    11  of  this  title  to  pay  any  financeable costs and to fund reserves to
    12  secure such bonds, including incidental expenses  in  connection  there-
    13  with.  Provided, however, [the aggregate principal amounts of such bonds
    14  issued to pay the financeable costs described in paragraph (a) of subdi-
    15  vision twelve of section thirty-six  hundred  fifty-one  of  this  title
    16  shall  not exceed four hundred fifteen million dollars, excluding bonds,
    17  notes, or other obligations issued to refund or otherwise  repay  bonds,
    18  notes,  or  other  obligations  theretofore  issued  for  such purposes.
    19  Notwithstanding the foregoing limit on the  amount  of  bonds  that  the
    20  authority  may issue to pay the financeable costs described in paragraph
    21  (a) of subdivision twelve of section  thirty-six  hundred  fifty-one  of
    22  this  title,  the authority shall have the power to issue up to an addi-
    23  tional seven hundred ninety million dollars of bonds,  excluding  bonds,
    24  notes,  or  other obligations issued to refund or otherwise repay bonds,
    25  notes, or other obligations theretofore issued for such purpose, to  pay
    26  such  costs  if  the  county's  indebtedness  to  be refunded, repaid or
    27  restructured with the payment of such bonds was originally  incurred  by
    28  the  county to pay tax certiorari settlements or assignments of any kind
    29  to which the county is a party. Provided further, the aggregate  princi-
    30  pal  amounts of such bonds issued to pay the financeable costs described
    31  in paragraph (c) of subdivision twelve  of  section  thirty-six  hundred
    32  fifty-one  of  this  title,  which  resulted from certiorari proceedings
    33  commenced prior to June first,  two  thousand,  shall  not  exceed  four
    34  hundred  million  dollars,  excluding bonds, notes, or other obligations
    35  issued to refund or otherwise repay bonds, notes, or  other  obligations
    36  theretofore issued for such purposes. And, provided further,] the aggre-
    37  gate principal amounts of such bonds issued to pay the financeable coun-
    38  ty  costs  described  in  paragraph (c) of subdivision twelve of section
    39  thirty-six hundred fifty-one of this title, which resulted from certior-
    40  ari proceedings commenced on or after June first,  two  thousand,  shall
    41  not  exceed  [four]  eight hundred million dollars in the aggregate [for
    42  the fiscal years two thousand through two thousand  seven,  however,  of
    43  said  four  hundred  million dollars only fifteen million dollars may be
    44  issued in the fiscal year two thousand six and ten million  dollars  may
    45  be  issued  in  the  fiscal  year  two thousand seven], excluding bonds,
    46  notes, or other obligations issued to refund or otherwise  repay  bonds,
    47  notes, or other obligations theretofore issued for such purposes. Effec-
    48  tive  in  the  year  two  thousand  six, upon request of the county, the
    49  authority shall issue,  in  the  amount  requested,  bonds  to  pay  tax
    50  certiorari settlements or judgments of any kind to which the county is a
    51  party,  not to exceed fifteen million dollars; and effective in the year
    52  two thousand seven, upon request of  the  county,  the  authority  shall
    53  issue,  in the amount requested, bonds to pay tax certiorari settlements
    54  or judgments of any kind to which the county is a party, not  to  exceed

        S. 7505--B                         104                        A. 9505--B
 
     1  ten  million  dollars.    Whenever this title establishes a limit on the
     2  principal amount of bonds that the authority  is  authorized  to  issue,
     3  there  shall not be counted against such limit (i) amounts determined by
     4  the  authority  as reasonable to be used to pay the cost of issuing such
     5  bonds, (ii) the amount of bonds that would constitute interest under the
     6  Internal Revenue Code of 1986, as amended, and (iii) amounts  determined
     7  by the authority as necessary to establish any reserves.
     8    The  authority  shall  have  the power from time to time to refund any
     9  bonds of the authority by the issuance of new bonds, whether  the  bonds
    10  to  be  refunded have or have not matured, and may issue bonds partly to
    11  refund bonds of the authority then outstanding and  partly  to  pay  the
    12  financeable  costs  pursuant to section thirty-six hundred fifty-five of
    13  this title. Bonds issued by the authority shall be payable solely out of
    14  particular revenues or other moneys of the authority as  may  be  desig-
    15  nated in the proceedings of the authority under which the bonds shall be
    16  authorized  to be issued, subject to any agreements entered into between
    17  the authority and the county, and subject to  any  agreements  with  the
    18  holders of outstanding bonds pledging any particular revenues or moneys;
    19  but  in no event shall transitional state aid be pledged as security for
    20  or be made available for the payment of bonds.
    21    2. The authority is authorized to issue its bonds for a period  ending
    22  not  later  than December thirty-first, two thousand [seven] twenty-one.
    23  The authority may issue bonds to refund bonds previously issued  without
    24  regard  to the limitation in the first sentence of this subdivision, but
    25  in no event shall any bonds of the authority finally mature  later  than
    26  January thirty-first, two thousand [thirty-six] fifty-one. Notwithstand-
    27  ing  any  other  provision of law, no bond of the authority shall mature
    28  more than thirty years from the date of its issue.
    29    § 2. Severability. If any provision of this act or if any  application
    30  thereof to any person or circumstances is held invalid, the remainder of
    31  this  act  and  the application of the provision to the other person and
    32  circumstances shall not be affected thereby.
    33    § 3. This act shall take effect immediately.
 
    34                                   PART ZZ
 
    35    Section 1. Subdivision 1 of paragraph b of section 33.10 of the  local
    36  finance law is REPEALED.
    37    § 2. This act shall take effect immediately.
 
    38                                  PART AAA
 
    39    Section  1. Section 3-110 of the election law, as amended by section 1
    40  of part YY of chapter 55 of the laws of 2019,  is  amended  to  read  as
    41  follows:
    42    §  3-110. Time allowed employees to vote. 1. [A] If a registered voter
    43  does not have sufficient time outside of his or  her  scheduled  working
    44  hours,  within  which to vote on any day at which he or she may vote, at
    45  any election, he or she may, without loss of pay for up to  [three]  two
    46  hours,  take  off so much working time as will, when added to his or her
    47  voting time outside his or her working hours, enable him or her to  vote
    48  [at any election].
    49    2.  [The  employee]  If  an employee has four consecutive hours either
    50  between the opening  of the polls and the beginning of his or her  work-
    51  ing  shift, or between the end of his or her working shift and the clos-
    52  ing  of  the  polls,  he or she shall  be deemed to have sufficient time

        S. 7505--B                         105                        A. 9505--B
 
     1  outside his or her working hours within which to vote. If he or she  has
     2  less  than four consecutive hours he or she may take off so much working
     3  time as will, when added to his or her voting time outside  his  or  her
     4  working  hours enable him or her to vote, but not more than two hours of
     5  which shall be without  loss  of pay, provided that he or she  shall  be
     6  allowed  time  off for voting only at the beginning or end of his or her
     7  working shift, as the employer may designate, unless otherwise  mutually
     8  agreed.
     9    3.  If  the  employee  requires  working time off to vote the employee
    10  shall notify his or her employer not more than ten  nor  less  than  two
    11  working days before the day of the election that he or she requires time
    12  off to vote in accordance with the provisions of this section.
    13    4. Not less than ten working days before every election, every employ-
    14  er shall post conspicuously in the place of work where it can be seen as
    15  employees  come or go to their place of work, a notice setting forth the
    16  provisions of this section. Such notice shall be kept posted  until  the
    17  close of the polls on election day.
    18    § 2. This act shall take effect immediately.
    19    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    20  sion,  section  or  part  of  this act shall be adjudged by any court of
    21  competent jurisdiction to be invalid, such judgement shall  not  affect,
    22  impair,  or  invalidate  the remainder thereof, but shall be confined in
    23  its operation to the clause, sentence, paragraph,  subdivision,  section
    24  or  part  thereof  directly  involved  in  the controversy in which such
    25  judgement shall have been rendered. It is  hereby  declared  to  be  the
    26  intent  of the legislature that this act would have been enacted even if
    27  such invalid provisions had not been included herein.
    28    § 3. This act shall take effect immediately  provided,  however,  that
    29  the  applicable  effective date of Parts A through AAA of this act shall
    30  be as specifically set forth in the last section of such Parts.
Go to top

S07505 LFIN:

 NO LFIN
Go to top

S07505 Chamber Video/Transcript:

Go to top