Bill Text: NY A02005 | 2019-2020 | General Assembly | Amended
Bill Title: Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2019-2020 state fiscal year; relates to the protection of the personal privacy of public employees (Part E); extends the authorization for public arbitration panels (Part F); creates a class one reassessment exemption in a special assessing unit that is not a city (Part J); extends certain provisions related to opportunities for service-disabled veteran-owned business enterprises (Part L); extends certain provisions relating to expanding the geographic area of employment of certain police officers, prisoner furloughs in certain cases and the crime of absconding therefrom, inmate work release, certain appropriations made by chapter 50 of the laws of 1994 enacting the state operations budget, the incarceration fee, merging the department of correctional services and division of parole into the department of corrections and community supervision, prison and jail housing and alternatives to detention and incarceration programs, the ignition interlock device program, the use of closed-circuit television and other protective measures for certain child witnesses, electronic court appearance in certain counties, enacting the interstate compact for adult offender supervision, limiting the closing of certain correctional facilities, providing for the custody by the department of correctional services of inmates serving definite sentences, providing for custody of federal prisoners and requiring the closing of certain correctional facilities, military funds of the organized militia, providing for community treatment facilities and establishing the crime of absconding from the community treatment facility, pre-criminal proceeding settlements in the city of New York, the psychological testing of correctional candidates, and other provisions relating thereto (Part O); relates to the admissibility of a victim's sexual conduct in a sex offense (Part R); extends the workers' compensation board's authority to resolve medical bill disputes and simplify the process (Part CC); increases certain court fees and increases the amount of such fees which are deposited in the indigent legal services fund (Part DD); authorizes the alienation of certain parklands in the town of Hastings, county of Oswego (Part FF); authorizes the use of centralized services by public authorities and public benefit corporations to acquire energy products as a centralized service from the office of general services; extends certain provisions relating to authorizing the aggregate purchases of energy for state agencies, institutions, local governments, public authorities and public benefit corporations; and amends the effectiveness of certain provisions providing centralized service to political subdivisions and the authority of the commissioner of general services to aggregate purchases of energy for state agencies and political subdivisions (Part GG); increases the maximum contract amount during construction emergencies to $1,500,000 and extends provisions relating to value limitations on contracts to June 30, 2022 (Part HH); removes unnecessary barriers to reentry of people with criminal histories into society; relates to licensing consideration for check cashers (Subpart A); relates to eligibility for serving on a New York city community district education council and city wide council (Subpart B); relates to licensing consideration for bingo suppliers (Subpart C); relates to licensing consideration for notary publics (Subpart D); relates to licensing considerations for suppliers of games of chance, for games of chance licensees, for bingo licensees, and for lessors of premises to bingo licensees (Subpart E); relates to licensing considerations for insurer adjusters and for employment with insurance adjusters (Subpart F); relates to licensing considerations for real estate brokers or real estate salesmen (Subpart G); relates to participation as employer in subsidized employer programs (Subpart H); relates to eligibility for employment by a driver's school (Subpart I); relates to a certificate of relief from a disability and repeals certain provisions of the vehicle and traffic law, relating to mandatory suspension of drivers' licenses for certain offenses (Subpart J); prohibits disclosure of law enforcement booking information and photographs (Subpart K); relates to exclusion of undisposed cases from criminal history record searches (Subpart L); directs the commissioner of the division of criminal justice services to seal certain records of any action or proceeding terminated in favor of the accused or convictions for certain traffic violations; and relates to certain reports of criminal history record searches (Subpart M); prevents employment discrimination against persons whose criminal charges have been adjourned in contemplation of dismissal (Subpart N); prevents employment discrimination against persons whose criminal charges have been adjourned in contemplation of dismissal (Subpart O)(Part II); relates to shock incarceration (Part KK); reduces certain sentences of imprisonment for misdemeanors to three hundred sixty-four days (Part OO); restricts forfeiture actions and creates greater accountability for seized assets; creates an asset forfeiture escrow fund; relates to reporting certain demographic information (Part PP); relates to requiring reports on the use of force (Part RR); authorizes the Suffolk county clerk to charge a block fee (Part SS); relates to the closure of correctional facilities; and provides for the repeal of such provisions upon expiration thereof (Part TT); makes provisions permanent relating to notice of foreclosure and mandatory settlement conferences in residential foreclosure actions (Part VV); includes felony drug offender sentences as eligible for a reduced sentence in certain circumstances where such offender was a victim of domestic violence (Part WW); authorizes computer generated registration lists; relates to the list of supplies to be delivered to poll sites (Part XX); relates to time allowed for employees to vote (Part YY); requires the establishment and regular updating of a model law enforcement use of force policy suitable for adoption by any agency that employs police or peace officers (Part ZZ); prohibits certain loans to be made to candidates or political committees (Part AAA); provides uniform polling hours during primary elections (Part BBB); establishes the voter enfranchisement modernization act (Part CCC).
Spectrum: Committee Bill
Status: (Passed) 2019-04-12 - SIGNED CHAP.55 [A02005 Detail]
Download: New_York-2019-A02005-Amended.html
STATE OF NEW YORK ________________________________________________________________________ S. 1505--C A. 2005--C SENATE - ASSEMBLY January 18, 2019 ___________ 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 -- 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 -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT intentionally omitted (Part A); intentionally omitted (Part B); intentionally omitted (Part C); intentionally omitted (Part D); to amend the civil service law, in relation to protection of the personal privacy of public employees (Part E); to amend the civil service law, in relation to the expiration of public arbitration panels (Part F); intentionally omitted (Part G); intentionally omitted (Part H); inten- tionally omitted (Part I); to amend the real property tax law, in relation to a class one reassessment exemption in a special assessing unit that is not a city (Part J); intentionally omitted (Part K); to amend chapter 22 of the laws of 2014, relating to expanding opportu- nities for service-disabled veteran-owned business enterprises, in relation to extending the provisions thereof (Part L); intentionally omitted (Part M); intentionally omitted (Part N); 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 execu- tive law and the criminal procedure law relating to expanding the geographic area of employment of certain police officers, in relation to extending the expiration of such chapter; to amend chapter 886 of the laws of 1972, amending the correction law and the penal law relat- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12570-06-9S. 1505--C 2 A. 2005--C ing to prisoner furloughs in certain cases and the crime of absconding therefrom, in relation to the effectiveness thereof; to amend chapter 261 of the laws of 1987, amending chapters 50, 53 and 54 of the laws of 1987, the correction law, the penal law and other chapters and laws relating to correctional facilities, in relation to the effectiveness thereof; to amend chapter 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 effectiveness thereof; to amend chapter 60 of the laws of 1994 relating to certain provisions which impact upon expenditure of certain appropriations made by chapter 50 of the laws of 1994 enacting the state operations budget, in relation to the effectiveness thereof; to amend chapter 3 of the laws of 1995, amending the correction law and other laws relating to the incarcera- tion fee, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 62 of the laws of 2011, amending the correction law and the executive law relating to merging the department of correctional services and division of parole into the department of corrections and community supervision, 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 mandatory 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 expiration thereof; to amend chapter 435 of the laws of 1997, amending the mili- tary 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 ofS. 1505--C 3 A. 2005--C 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 effectiveness thereof (Part O); intentionally omitted (Part P); inten- tionally omitted (Part Q); to amend the criminal procedure law, in relation to admissibility of a victim's sexual conduct in a sex offense (Part R); intentionally omitted (Part S); intentionally omit- ted (Part T); intentionally omitted (Part U); intentionally omitted (Part V); intentionally omitted (Part W); intentionally omitted (Part X); intentionally omitted (Part Y); intentionally omitted (Part Z); intentionally omitted (Part AA); intentionally omitted (Part BB); to amend the workers' compensation law, in relation to extending the board's authority to resolve medical bill disputes and simplify the process (Part CC); to amend section 14 of part J of chapter 62 of the laws of 2003, amending the county law and other laws relating to fees collected, in relation to certain fees collected by the office of court administration (Part DD); intentionally omitted (Part EE); authorizing the alienation of certain parklands in the town of Hast- ings, county of Oswego (Part FF); to amend the state finance law, in relation to authorizing use of centralized services by public authori- ties and public benefit corporations to acquire energy products as centralized services from the office of general services; to amend chapter 410 of the laws of 2009, amending the state finance law relat- ing to authorizing the aggregate purchases of energy for state agen- cies, institutions, local governments, public authorities and public benefit corporations, in relation to the effectiveness thereof; and to amend part C of chapter 97 of the laws of 2011, amending the state finance law and other laws relating to providing certain centralized service to political subdivisions and extending the authority of the commissioner of general services to aggregate purchases of energy for state agencies and political subdivisions, in relation to the effec- tiveness thereof (Part GG); to amend the public buildings law, in relation to increasing the maximum contract amount during construction emergencies; and to amend chapter 674 of the laws of 1993, amending the public buildings law relating to value limitations on contracts, in relation to extending such provisions thereof (Part HH); to amend the banking law, in relation to licensing considerations for check cashers (Subpart A); to amend the education law, in relation to eligi- bility for serving on a New York city community district education council and city-wide council (Subpart B); to amend the executive law, in relation to licensing considerations for bingo suppliers (Subpart C); to amend the executive law, in relation to licensing consider-S. 1505--C 4 A. 2005--C ations for notary publics (Subpart D); to amend the general municipal law, in relation to licensing considerations for suppliers of games of chance, for games of chance licensees, for bingo licensees, and for lessors of premises to bingo licensees (Subpart E); to amend the insurance law, in relation to licensing considerations for insurer adjusters and for employment with insurance adjusters; and to repeal certain provisions of such law relating thereto (Subpart F); to amend the real property law, in relation to licensing considerations for real estate brokers or real estate salesmen (Subpart G); to amend the social services law, in relation to participation as employer in subsidized employer programs (Subpart H); to amend the vehicle and traffic law, in relation to eligibility for employment by a driver's school (Subpart I); to amend the correction law, in relation to a certificate of relief from a disability; and to repeal certain provisions of the vehicle and traffic law, relating to mandatory suspension of drivers' licenses for certain offenses (Subpart J); to amend the public officers law, in relation to prohibiting disclosure of law enforcement booking information and photographs (Subpart K); to amend the executive law and the judiciary law, in relation to exclu- sion of undisposed cases from criminal history record searches (Subpart L); directs the commissioner of the division of criminal justice services to seal certain records of any action or proceeding terminated in favor of the accused or convictions for certain traffic violations; and to amend the judiciary law, in relation to certain reports of criminal history record searches (Subpart M); to amend the executive law and the judiciary law, in relation to preventing employ- ment discrimination against persons whose criminal charges have been adjourned in contemplation of dismissal (Subpart N); to amend the executive law, in relation to preventing employment discrimination against persons whose criminal charges have been adjourned in contem- plation of dismissal (Subpart O); intentionally omitted (Subpart P) (Part II); intentionally omitted (Part JJ); to amend the penal law and the correction law, in relation to shock incarceration (Part KK); intentionally omitted (Part LL); intentionally omitted (Part MM); intentionally omitted (Part NN); to amend the penal law and the crimi- nal procedure law, in relation to reducing certain sentences of impri- sonment for misdemeanors to three hundred sixty-four days (Part OO); to amend the civil practice law and rules, the county law and the general municipal law, in relation to restricting forfeiture actions and creating greater accountability for seized assets; and to amend the criminal procedure law and the penal law, in relation to reporting certain demographic data (Part PP); intentionally omitted (Part QQ); to amend the executive law, in relation to requiring reports on the use of force (Part RR); to amend the civil practice law and rules, in relation to authorizing the Suffolk county clerk to charge a block fee (Part SS); in relation to the closure of correctional facilities; and providing for the repeal of such provisions upon expiration thereof (Part TT); intentionally omitted (Part UU); to amend chapter 507 of the laws of 2009, amending the real property actions and proceedings law and other laws relating to home mortgage loans, in relation to making provisions permanent relating to notice of foreclosure and mandatory settlement conferences in residential foreclosure actions (Part VV); to amend the penal law, in relation to sentencing in domes- tic violence cases (Part WW); to amend the election law, in relation to authorizing computer generated registration lists; in relation to the list of supplies to be delivered to poll sites (Part XX); to amendS. 1505--C 5 A. 2005--C the election law, in relation to time allowed for employees to vote (Part YY); to amend the executive law, in relation to requiring the establishment and regular updating of a model law enforcement use of force policy suitable for adoption by any law enforcement agency in the state (Part ZZ); to amend the election law, in relation to prohib- iting certain loans to be made to candidates or political committees (Part AAA); to amend the election law, in relation to providing uniform polling hours during primary elections (Part BBB); and to amend the election law, in relation to enacting the Voter Enfranchise- ment Modernization Act of 2019; in relation to establishing the elec- tronic personal voter registration process (Part CCC) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 which are necessary to implement the state fiscal plan for the 2019-2020 3 state fiscal year. Each component is wholly contained within a Part 4 identified as Parts A through CCC. The effective date for each partic- 5 ular provision contained within such Part is set forth in the last 6 section of such Part. Any provision in any section contained within a 7 Part, including the effective date of the Part, which makes a reference 8 to a section "of this act", when used in connection with that particular 9 component, shall be deemed to mean and refer to the corresponding 10 section of the Part in which it is found. Section three of this act sets 11 forth the general effective date of this act. 12 PART A 13 Intentionally Omitted 14 PART B 15 Intentionally Omitted 16 PART C 17 Intentionally Omitted 18 PART D 19 Intentionally Omitted 20 PART E 21 Section 1. Paragraphs (f) and (g) of subdivision 1 of section 209-a of 22 the civil service law, as amended by chapter 244 of the laws of 2007, 23 are amended to read as follows: 24 (f) to utilize any state funds appropriated for any purpose to train 25 managers, supervisors or other administrative personnel regarding meth- 26 ods to discourage union organization or to discourage an employee from 27 participating in a union organizing drive; [or] (g) to fail to permit or 28 refuse to afford a public employee the right, upon the employee's 29 demand, to representation by a representative of the employee organiza- 30 tion, or the designee of such organization, which has been certified orS. 1505--C 6 A. 2005--C 1 recognized under this article when at the time of questioning by the 2 employer of such employee it reasonably appears that he or she may be 3 the subject of a potential disciplinary action. If representation is 4 requested, and the employee is a potential target of disciplinary action 5 at the time of questioning, a reasonable period of time shall be 6 afforded to the employee to obtain such representation. It shall be an 7 affirmative defense to any improper practice charge under paragraph (g) 8 of this subdivision that the employee has the right, pursuant to stat- 9 ute, interest arbitration award, collectively negotiated agreement, 10 policy or practice, to present to a hearing officer or arbitrator 11 evidence of the employer's failure to provide representation and to 12 obtain exclusion of the resulting evidence upon demonstration of such 13 failure. Nothing in this section shall grant an employee any right to 14 representation by the representative of an employee organization in any 15 criminal investigation; or (h) to disclose home addresses, personal 16 telephone numbers, personal cell phone numbers, personal e-mail 17 addresses of a public employee, as the term "public employee" is defined 18 in subdivision seven of section two hundred one of this article, except 19 (i) where required pursuant to the provisions of this article, and (ii) 20 to the extent compelled to do so by lawful service of process, subpoena, 21 court order, or as otherwise required by law. This paragraph shall not 22 prohibit other provisions of law regarding work-related, publicly avail- 23 able information such as title, salary, and dates of employment. 24 § 2. Subdivision 1 of section 208 of the civil service law is amended 25 by adding a new paragraph (d) to read as follows: 26 (d) Unless otherwise specified by a collective bargaining agreement, 27 upon the request of the employee organization, not more than quarterly, 28 the employer shall provide the employee organization the name, address, 29 job title, employing agency or department or other operating unit and 30 work location of all employees of a bargaining unit. 31 § 3. This act shall take effect immediately. 32 PART F 33 Section 1. Paragraph (d) of subdivision 4 of section 209 of the civil 34 service law, as amended by section 1 of part L of chapter 57 of the laws 35 of 2016, is amended to read as follows: 36 (d) The provisions of this subdivision shall expire July first, two 37 thousand [nineteen] twenty-four. 38 § 2. Paragraph (f) of subdivision 6 of section 209 of the civil 39 service law, as amended by section 2 of part L of chapter 57 of the laws 40 of 2016, is amended to read as follows: 41 (f) The provisions of this subdivision shall expire July first, two 42 thousand [nineteen] twenty-four. 43 § 3. This act shall take effect immediately. 44 PART G 45 Intentionally Omitted 46 PART H 47 Intentionally Omitted 48 PART IS. 1505--C 7 A. 2005--C 1 Intentionally Omitted 2 PART J 3 Section 1. The real property tax law is amended by adding a new 4 section 485-u to read as follows: 5 § 485-u. Class one reassessment exemption. 1. Applicability. A special 6 assessing unit that is not a city may, by local law, opt to provide a 7 class one reassessment exemption as provided in this section. Such 8 exemption shall apply in the same manner and to the same extent to coun- 9 ty, town, special district and school district taxes levied on the 10 assessment roll prepared by such special assessing unit. 11 2. Eligibility. The assessor shall, for the two thousand twenty--two 12 thousand twenty-one final assessment roll and for the subsequent four 13 years, apply an exemption as provided in this section to each property 14 classified in class one pursuant to article eighteen of this chapter. 15 3. Exemption calculation. (a) (i) The assessor shall calculate the 16 exemption as a percentage of the exemption base. The exemption base 17 shall be the amount by which the assessment of a property on the two 18 thousand twenty--two-thousand twenty-one tentative assessment roll 19 issued on or about January 2, 2019 exceeds the equalized assessment on 20 the two thousand nineteen--two thousand twenty final assessment roll. 21 The assessor shall determine the equalized assessment on the two thou- 22 sand nineteen--two thousand twenty final assessment roll by multiplying 23 a property's effective full value on the two thousand nineteen--two 24 thousand twenty final assessment roll by the class one level of assess- 25 ment on the two thousand twenty--two thousand twenty-one final assess- 26 ment roll. The assessor shall determine a property's effective full 27 value on the two thousand nineteen--two thousand twenty final assessment 28 roll by dividing the assessment on the two thousand nineteen--two thou- 29 sand twenty final assessment roll by the class one level of assessment 30 on the two thousand nineteen--two thousand twenty final assessment roll. 31 Such exemption base shall not include assessment increases due to a 32 physical improvement or a removal or reduction of an exemption on prop- 33 erty. 34 (ii) Any increase in the assessment of a property due to an increase 35 in a property's full value or physical changes subsequent to the two 36 thousand twenty--two thousand twenty-one final assessment roll shall not 37 be eligible for the exemption. If any portion of a property is fully or 38 partially removed from the assessment roll subsequent to the two thou- 39 sand twenty--two thousand twenty-one final assessment roll by reason of 40 fire, demolition, destruction or new exemption, the assessor shall 41 reduce the exemption for any remaining portion in the same proportion 42 the assessment is reduced for such fire, demolition, destruction or new 43 exemption. 44 (b) The exemption shall be eighty per centum of the exemption base on 45 the two thousand twenty--two thousand twenty-one final assessment roll, 46 sixty per centum of the exemption base on the two thousand twenty-one-- 47 two thousand twenty-two final assessment roll, forty per centum of the 48 exemption base on the two thousand twenty-two--two thousand twenty-three 49 final assessment roll, twenty per centum of the exemption base on the 50 two thousand twenty-three--two thousand twenty-four final assessment 51 roll and zero per centum of the exemption base on the two thousand twen- 52 ty-four--two thousand twenty-five final assessment roll.S. 1505--C 8 A. 2005--C 1 4. Entering of exemption on assessment roll. The assessor shall enter 2 in a separate column on the assessment roll the value of any exemption 3 provided by this section. 4 § 2. Severability. If any provision of this act or if any application 5 thereof to any person or circumstances is held invalid, the remainder of 6 this act and the application of the provision to other persons and 7 circumstances shall not be affected thereby. 8 § 3. This act shall take effect immediately. 9 PART K 10 Intentionally Omitted 11 PART L 12 Section 1. Section 4 of chapter 22 of the laws of 2014, relating to 13 expanding opportunities for service-disabled veteran-owned business 14 enterprises, is amended to read as follows: 15 § 4. This act shall take effect immediately; provided, however, that 16 sections one, one-a and two of this act shall expire and be deemed 17 repealed March 31, [2019] 2024; and provided, further, however, that the 18 amendments to subdivisions 7 and 15 of section 310 of the executive law 19 made by section three of this act shall not affect the expiration of 20 such section and shall be deemed to expire therewith. 21 § 2. This act shall take effect immediately and shall be deemed to 22 have been in full force and effect on and after April 1, 2019. 23 PART M 24 Intentionally Omitted 25 PART N 26 Intentionally Omitted 27 PART O 28 Section 1. Section 2 of chapter 887 of the laws of 1983, amending the 29 correction law relating to the psychological testing of candidates, as 30 amended by section 1 of part A of chapter 55 of the laws of 2017, is 31 amended to read as follows: 32 § 2. This act shall take effect on the one hundred eightieth day after 33 it shall have become a law and shall remain in effect until September 1, 34 [2019] 2020. 35 § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu- 36 tive law and the criminal procedure law relating to expanding the 37 geographic area of employment of certain police officers, as amended by 38 section 2 of part A of chapter 55 of the laws of 2017, is amended to 39 read as follows: 40 § 3. This act shall take effect on the first day of November next 41 succeeding the date on which it shall have become a law, and shall 42 remain in effect until the first day of September, [2019] 2020, when it 43 shall expire and be deemed repealed. 44 § 3. Section 3 of chapter 886 of the laws of 1972, amending the 45 correction law and the penal law relating to prisoner furloughs in 46 certain cases and the crime of absconding therefrom, as amended byS. 1505--C 9 A. 2005--C 1 section 3 of part A of chapter 55 of the laws of 2017, is amended to 2 read as follows: 3 § 3. This act shall take effect 60 days after it shall have become a 4 law and shall remain in effect until September 1, [2019] 2020. 5 § 4. Section 20 of chapter 261 of the laws of 1987, amending chapters 6 50, 53 and 54 of the laws of 1987, the correction law, the penal law and 7 other chapters and laws relating to correctional facilities, as amended 8 by section 4 of part A of chapter 55 of the laws of 2017, is amended to 9 read as follows: 10 § 20. This act shall take effect immediately except that section thir- 11 teen of this act shall expire and be of no further force or effect on 12 and after September 1, [2019] 2020 and shall not apply to persons 13 committed to the custody of the department after such date, and provided 14 further that the commissioner of corrections and community supervision 15 shall report each January first and July first during such time as the 16 earned eligibility program is in effect, to the chairmen of the senate 17 crime victims, crime and correction committee, the senate codes commit- 18 tee, the assembly correction committee, and the assembly codes commit- 19 tee, the standards in effect for earned eligibility during the prior 20 six-month period, the number of inmates subject to the provisions of 21 earned eligibility, the number who actually received certificates of 22 earned eligibility during that period of time, the number of inmates 23 with certificates who are granted parole upon their first consideration 24 for parole, the number with certificates who are denied parole upon 25 their first consideration, and the number of individuals granted and 26 denied parole who did not have earned eligibility certificates. 27 § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992, 28 amending the tax law and other laws relating to taxes, surcharges, fees 29 and funding, as amended by section 5 of part A of chapter 55 of the laws 30 of 2017, is amended to read as follows: 31 (q) the provisions of section two hundred eighty-four of this act 32 shall remain in effect until September 1, [2019] 2020 and be applicable 33 to all persons entering the program on or before August 31, [2019] 2020. 34 § 6. Section 10 of chapter 339 of the laws of 1972, amending the 35 correction law and the penal law relating to inmate work release, 36 furlough and leave, as amended by section 6 of part A of chapter 55 of 37 the laws of 2017, is amended to read as follows: 38 § 10. This act shall take effect 30 days after it shall have become a 39 law and shall remain in effect until September 1, [2019] 2020, and 40 provided further that the commissioner of correctional services shall 41 report each January first, and July first, to the chairman of the senate 42 crime victims, crime and correction committee, the senate codes commit- 43 tee, the assembly correction committee, and the assembly codes commit- 44 tee, the number of eligible inmates in each facility under the custody 45 and control of the commissioner who have applied for participation in 46 any program offered under the provisions of work release, furlough, or 47 leave, and the number of such inmates who have been approved for partic- 48 ipation. 49 § 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994 50 relating to certain provisions which impact upon expenditure of certain 51 appropriations made by chapter 50 of the laws of 1994 enacting the state 52 operations budget, as amended by section 7 of part A of chapter 55 of 53 the laws of 2017, is amended to read as follows: 54 (c) sections forty-one and forty-two of this act shall expire Septem- 55 ber 1, [2019] 2020; provided, that the provisions of section forty-twoS. 1505--C 10 A. 2005--C 1 of this act shall apply to inmates entering the work release program on 2 or after such effective date; and 3 § 8. Subdivision h of section 74 of chapter 3 of the laws of 1995, 4 amending the correction law and other laws relating to the incarceration 5 fee, as amended by section 8 of part A of chapter 55 of the laws of 6 2017, is amended to read as follows: 7 h. Section fifty-two of this act shall be deemed to have been in full 8 force and effect on and after April 1, 1995; provided, however, that the 9 provisions of section 189 of the correction law, as amended by section 10 fifty-five of this act, subdivision 5 of section 60.35 of the penal law, 11 as amended by section fifty-six of this act, and section fifty-seven of 12 this act shall expire September 1, [2019] 2020, when upon such date the 13 amendments to the correction law and penal law made by sections fifty- 14 five and fifty-six of this act shall revert to and be read as if the 15 provisions of this act had not been enacted; provided, however, that 16 sections sixty-two, sixty-three and sixty-four of this act shall be 17 deemed to have been in full force and effect on and after March 1, 1995 18 and shall be deemed repealed April 1, 1996 and upon such date the 19 provisions of subsection (e) of section 9110 of the insurance law and 20 subdivision 2 of section 89-d of the state finance law shall revert to 21 and be read as set out in law on the date immediately preceding the 22 effective date of sections sixty-two and sixty-three of this act; 23 § 9. Subdivision (c) of section 49 of subpart A of part C of chapter 24 62 of the laws of 2011 amending the correction law and the executive law 25 relating to merging the department of correctional services and division 26 of parole into the department of corrections and community supervision, 27 as amended by section 9 of part A of chapter 55 of the laws of 2017, is 28 amended to read as follows: 29 (c) that the amendments to subdivision 9 of section 201 of the 30 correction law as added by section thirty-two of this act shall remain 31 in effect until September 1, [2019] 2020, when it shall expire and be 32 deemed repealed; 33 § 10. Subdivision (aa) of section 427 of chapter 55 of the laws of 34 1992, amending the tax law and other laws relating to taxes, surcharges, 35 fees and funding, as amended by section 10 of part A of chapter 55 of 36 the laws of 2017, is amended to read as follows: 37 (aa) the provisions of sections three hundred eighty-two, three 38 hundred eighty-three and three hundred eighty-four of this act shall 39 expire on September 1, [2019] 2020; 40 § 11. Section 12 of chapter 907 of the laws of 1984, amending the 41 correction law, the New York city criminal court act and the executive 42 law relating to prison and jail housing and alternatives to detention 43 and incarceration programs, as amended by section 11 of part A of chap- 44 ter 55 of the laws of 2017, is amended to read as follows: 45 § 12. This act shall take effect immediately, except that the 46 provisions of sections one through ten of this act shall remain in full 47 force and effect until September 1, [2019] 2020 on which date those 48 provisions shall be deemed to be repealed. 49 § 12. Subdivision (p) of section 406 of chapter 166 of the laws of 50 1991, amending the tax law and other laws relating to taxes, as amended 51 by section 12 of part A of chapter 55 of the laws of 2017, is amended to 52 read as follows: 53 (p) The amendments to section 1809 of the vehicle and traffic law made 54 by sections three hundred thirty-seven and three hundred thirty-eight of 55 this act shall not apply to any offense committed prior to such effec- 56 tive date; provided, further, that section three hundred forty-one ofS. 1505--C 11 A. 2005--C 1 this act shall take effect immediately and shall expire November 1, 1993 2 at which time it shall be deemed repealed; sections three hundred 3 forty-five and three hundred forty-six of this act shall take effect 4 July 1, 1991; sections three hundred fifty-five, three hundred fifty- 5 six, three hundred fifty-seven and three hundred fifty-nine of this act 6 shall take effect immediately and shall expire June 30, 1995 and shall 7 revert to and be read as if this act had not been enacted; section three 8 hundred fifty-eight of this act shall take effect immediately and shall 9 expire June 30, 1998 and shall revert to and be read as if this act had 10 not been enacted; section three hundred sixty-four through three hundred 11 sixty-seven of this act shall apply to claims filed on or after such 12 effective date; sections three hundred sixty-nine, three hundred seven- 13 ty-two, three hundred seventy-three, three hundred seventy-four, three 14 hundred seventy-five and three hundred seventy-six of this act shall 15 remain in effect until September 1, [2019] 2020, at which time they 16 shall be deemed repealed; provided, however, that the mandatory 17 surcharge provided in section three hundred seventy-four of this act 18 shall apply to parking violations occurring on or after said effective 19 date; and provided further that the amendments made to section 235 of 20 the vehicle and traffic law by section three hundred seventy-two of this 21 act, the amendments made to section 1809 of the vehicle and traffic law 22 by sections three hundred thirty-seven and three hundred thirty-eight of 23 this act and the amendments made to section 215-a of the labor law by 24 section three hundred seventy-five of this act shall expire on September 25 1, [2019] 2020 and upon such date the provisions of such subdivisions 26 and sections shall revert to and be read as if the provisions of this 27 act had not been enacted; the amendments to subdivisions 2 and 3 of 28 section 400.05 of the penal law made by sections three hundred seventy- 29 seven and three hundred seventy-eight of this act shall expire on July 30 1, 1992 and upon such date the provisions of such subdivisions shall 31 revert and shall be read as if the provisions of this act had not been 32 enacted; the state board of law examiners shall take such action as is 33 necessary to assure that all applicants for examination for admission to 34 practice as an attorney and counsellor at law shall pay the increased 35 examination fee provided for by the amendment made to section 465 of the 36 judiciary law by section three hundred eighty of this act for any exam- 37 ination given on or after the effective date of this act notwithstanding 38 that an applicant for such examination may have prepaid a lesser fee for 39 such examination as required by the provisions of such section 465 as of 40 the date prior to the effective date of this act; the provisions of 41 section 306-a of the civil practice law and rules as added by section 42 three hundred eighty-one of this act shall apply to all actions pending 43 on or commenced on or after September 1, 1991, provided, however, that 44 for the purposes of this section service of such summons made prior to 45 such date shall be deemed to have been completed on September 1, 1991; 46 the provisions of section three hundred eighty-three of this act shall 47 apply to all money deposited in connection with a cash bail or a 48 partially secured bail bond on or after such effective date; and the 49 provisions of sections three hundred eighty-four and three hundred 50 eighty-five of this act shall apply only to jury service commenced 51 during a judicial term beginning on or after the effective date of this 52 act; provided, however, that nothing contained herein shall be deemed to 53 affect the application, qualification, expiration or repeal of any 54 provision of law amended by any section of this act and such provisions 55 shall be applied or qualified or shall expire or be deemed repealed inS. 1505--C 12 A. 2005--C 1 the same manner, to the same extent and on the same date as the case may 2 be as otherwise provided by law; 3 § 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as 4 amended by section 13 of part A of chapter 55 of the laws of 2017, is 5 amended to read as follows: 6 8. The provisions of this section shall only apply to offenses commit- 7 ted on or before September first, two thousand [nineteen] twenty. 8 § 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi- 9 cle and traffic law relating to the ignition interlock device program, 10 as amended by section 14 of part A of chapter 55 of the laws of 2017, is 11 amended to read as follows: 12 § 6. This act shall take effect on the first day of April next 13 succeeding the date on which it shall have become a law; provided, 14 however, that effective immediately, the addition, amendment or repeal 15 of any rule or regulation necessary for the implementation of the fore- 16 going sections of this act on their effective date is authorized and 17 directed to be made and completed on or before such effective date and 18 shall remain in full force and effect until the first day of September, 19 [2019] 2020 when upon such date the provisions of this act shall be 20 deemed repealed. 21 § 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the 22 laws of 1997, amending the military law and other laws relating to vari- 23 ous provisions, as amended by section 15 of part A of chapter 55 of the 24 laws of 2017, is amended to read as follows: 25 a. sections forty-three through forty-five of this act shall expire 26 and be deemed repealed on September 1, [2019] 2020; 27 § 16. Section 4 of part D of chapter 412 of the laws of 1999, amending 28 the civil practice law and rules and the court of claims act relating to 29 prisoner litigation reform, as amended by section 16 of part A of chap- 30 ter 55 of the laws of 2017, is amended to read as follows: 31 § 4. This act shall take effect 120 days after it shall have become a 32 law and shall remain in full force and effect until September 1, [2019] 33 2020, when upon such date it shall expire. 34 § 17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994, 35 constituting the family protection and domestic violence intervention 36 act of 1994, as amended by section 17 of part A of chapter 55 of the 37 laws of 2017, is amended to read as follows: 38 2. Subdivision 4 of section 140.10 of the criminal procedure law as 39 added by section thirty-two of this act shall take effect January 1, 40 1996 and shall expire and be deemed repealed on September 1, [2019] 41 2020. 42 § 18. Section 5 of chapter 505 of the laws of 1985, amending the crim- 43 inal procedure law relating to the use of closed-circuit television and 44 other protective measures for certain child witnesses, as amended by 45 section 18 of part A of chapter 55 of the laws of 2017, is amended to 46 read as follows: 47 § 5. This act shall take effect immediately and shall apply to all 48 criminal actions and proceedings commenced prior to the effective date 49 of this act but still pending on such date as well as all criminal 50 actions and proceedings commenced on or after such effective date and 51 its provisions shall expire on September 1, [2019] 2020, when upon such 52 date the provisions of this act shall be deemed repealed. 53 § 19. Subdivision d of section 74 of chapter 3 of the laws of 1995, 54 enacting the sentencing reform act of 1995, as amended by section 19 of 55 part A of chapter 55 of the laws of 2017, is amended to read as follows:S. 1505--C 13 A. 2005--C 1 d. Sections one-a through twenty, twenty-four through twenty-eight, 2 thirty through thirty-nine, forty-two and forty-four of this act shall 3 be deemed repealed on September 1, [2019] 2020; 4 § 20. Section 2 of chapter 689 of the laws of 1993 amending the crimi- 5 nal procedure law relating to electronic court appearance in certain 6 counties, as amended by section 20 of part A of chapter 55 of the laws 7 of 2017, is amended to read as follows: 8 § 2. This act shall take effect immediately, except that the 9 provisions of this act shall be deemed to have been in full force and 10 effect since July 1, 1992 and the provisions of this act shall expire 11 September 1, [2019] 2020 when upon such date the provisions of this act 12 shall be deemed repealed. 13 § 21. Section 3 of chapter 688 of the laws of 2003, amending the exec- 14 utive law relating to enacting the interstate compact for adult offender 15 supervision, as amended by section 21 of part A of chapter 55 of the 16 laws of 2017, is amended to read as follows: 17 § 3. This act shall take effect immediately, except that section one 18 of this act shall take effect on the first of January next succeeding 19 the date on which it shall have become a law, and shall remain in effect 20 until the first of September, [2019] 2020, upon which date this act 21 shall be deemed repealed and have no further force and effect; provided 22 that section one of this act shall only take effect with respect to any 23 compacting state which has enacted an interstate compact entitled 24 "Interstate compact for adult offender supervision" and having an iden- 25 tical effect to that added by section one of this act and provided 26 further that with respect to any such compacting state, upon the effec- 27 tive date of section one of this act, section 259-m of the executive law 28 is hereby deemed REPEALED and section 259-mm of the executive law, as 29 added by section one of this act, shall take effect; and provided 30 further that with respect to any state which has not enacted an inter- 31 state compact entitled "Interstate compact for adult offender super- 32 vision" and having an identical effect to that added by section one of 33 this act, section 259-m of the executive law shall take effect and the 34 provisions of section one of this act, with respect to any such state, 35 shall have no force or effect until such time as such state shall adopt 36 an interstate compact entitled "Interstate compact for adult offender 37 supervision" and having an identical effect to that added by section one 38 of this act in which case, with respect to such state, effective imme- 39 diately, section 259-m of the executive law is deemed repealed and 40 section 259-mm of the executive law, as added by section one of this 41 act, shall take effect. 42 § 22. Section 8 of part H of chapter 56 of the laws of 2009, amending 43 the correction law relating to limiting the closing of certain correc- 44 tional facilities, providing for the custody by the department of 45 correctional services of inmates serving definite sentences, providing 46 for custody of federal prisoners and requiring the closing of certain 47 correctional facilities, as amended by section 22 of part A of chapter 48 55 of the laws of 2017, is amended to read as follows: 49 § 8. This act shall take effect immediately; provided, however that 50 sections five and six of this act shall expire and be deemed repealed 51 September 1, [2019] 2020. 52 § 23. Section 3 of part C of chapter 152 of the laws of 2001 amending 53 the military law relating to military funds of the organized militia, as 54 amended by section 3 of part O of chapter 55 of the laws of 2018, is 55 amended to read as follows:S. 1505--C 14 A. 2005--C 1 § 3. This act shall take effect immediately; provided however that the 2 amendments made to subdivision 1 of section 221 of the military law by 3 section two of this act shall expire and be deemed repealed September 1, 4 [2019] 2020. 5 § 24. Section 5 of chapter 554 of the laws of 1986, amending the 6 correction law and the penal law relating to providing for community 7 treatment facilities and establishing the crime of absconding from the 8 community treatment facility, as amended by section 24 of part A of 9 chapter 55 of the laws of 2017, is amended to read as follows: 10 § 5. This act shall take effect immediately and shall remain in full 11 force and effect until September 1, [2019] 2020, and provided further 12 that the commissioner of correctional services shall report each January 13 first and July first during such time as this legislation is in effect, 14 to the chairmen of the senate crime victims, crime and correction 15 committee, the senate codes committee, the assembly correction commit- 16 tee, and the assembly codes committee, the number of individuals who are 17 released to community treatment facilities during the previous six-month 18 period, including the total number for each date at each facility who 19 are not residing within the facility, but who are required to report to 20 the facility on a daily or less frequent basis. 21 § 25. Section 2 of part F of chapter 55 of the laws of 2018, amending 22 the criminal procedure law relating to pre-criminal proceeding settle- 23 ments in the city of New York, is amended to read as follows: 24 § 2. This act shall take effect immediately and shall remain in full 25 force and effect until March 31, [2019] 2020, when it shall expire and 26 be deemed repealed. 27 § 26. This act shall take effect immediately, provided however that 28 section twenty-five of this act shall be deemed to have been in full 29 force and effect on and after March 31, 2019. 30 PART P 31 Intentionally Omitted 32 PART Q 33 Intentionally Omitted 34 PART R 35 Section 1. Section 60.42 of the criminal procedure law, as added by 36 chapter 230 of the laws of 1975 and subdivision 3 as amended by chapter 37 264 of the laws of 2003, is amended to read as follows: 38 § 60.42 Rules of evidence; admissibility of evidence of victim's sexual 39 conduct in sex offense cases. 40 Evidence of a victim's sexual conduct shall not be admissible in a 41 prosecution for an offense or an attempt to commit an offense defined in 42 article one hundred thirty or in section 230.34 of the penal law unless 43 such evidence: 44 1. proves or tends to prove specific instances of the victim's prior 45 sexual conduct with the accused; or 46 2. proves or tends to prove that the victim has been convicted of an 47 offense under section 230.00 of the penal law within three years prior 48 to the sex offense which is the subject of the prosecution; orS. 1505--C 15 A. 2005--C 1 3. rebuts evidence introduced by the people of the victim's failure to 2 engage in sexual intercourse, oral sexual conduct, anal sexual conduct 3 or sexual contact during a given period of time; or 4 4. rebuts evidence introduced by the people which proves or tends to 5 prove that the accused is the cause of pregnancy or disease of the 6 victim, or the source of semen found in the victim; or 7 5. is determined by the court after an offer of proof by the accused 8 outside the hearing of the jury, or such hearing as the court may 9 require, and a statement by the court of its findings of fact essential 10 to its determination, to be relevant and admissible in the interests of 11 justice. 12 § 2. This act shall take effect immediately. 13 PART S 14 Intentionally Omitted 15 PART T 16 Intentionally Omitted 17 PART U 18 Intentionally Omitted 19 PART V 20 Intentionally Omitted 21 PART W 22 Intentionally Omitted 23 PART X 24 Intentionally Omitted 25 PART Y 26 Intentionally Omitted 27 PART Z 28 Intentionally Omitted 29 PART AA 30 Intentionally Omitted 31 PART BB 32 Intentionally Omitted 33 PART CCS. 1505--C 16 A. 2005--C 1 Section 1. Section 13-b of the workers' compensation law, as amended 2 by chapter 1068 of the laws of 1960, the section heading, subdivisions 1 3 and 2 as amended by chapter 473 of the laws of 2000 and subdivision 3 as 4 amended by section 85 of part A of chapter 58 of the laws of 2010, is 5 amended to read as follows: 6 § 13-b. Authorization of [physicians] providers, medical bureaus and 7 laboratories by the chair. 1. [Upon the recommendation of the medical8society of the county in which the physician's office is located or of a9board designated by such county society or of a board representing duly10licensed physicians of any other school of medical practice in such11county, the chair may authorize physicians licensed to practice medicine12in the state of New York to render medical care under this chapter and13to perform independent medical examinations in accordance with subdivi-14sion four of section thirteen-a of this article. If, within sixty days15after the chair requests such recommendations the medical society of16such county or board fails to act, or if there is no such society in17such county, the chair shall designate a board of three outstanding18physicians, who shall make the requisite recommendations.19No such authorization shall be made in the absence of a recommendation20of the appropriate society or board or of a review and recommendation by21the medical appeals unit.] No person shall render medical care or 22 conduct independent medical examinations under this chapter without such 23 authorization by the chair[, provided, that: (a)]. As used in this 24 title, the following definitions shall have the following meanings 25 unless their context requires otherwise: 26 (a) "Acupuncturist" shall mean licensed as having completed a formal 27 course of study and having passed an examination in accordance with the 28 education law, the regulations of the commissioner of education, and the 29 requirements of the board of regents. Acupuncturists are required by the 30 education law to advise, in writing, each patient of the importance of 31 consulting with a physician for the condition or conditions necessitat- 32 ing acupuncture care, as prescribed by the education law. 33 (b) "Chair" of the board shall mean either the chair or the chair's 34 designee. 35 (c) "Chiropractor" shall mean licensed and having completed two years 36 of preprofessional college study and a four-year resident program in 37 chiropractic in accordance with the education law, and consistent with 38 the licensing requirements of the commissioner of education. 39 (d) "Dentist" shall mean licensed and having completed a four-year 40 course of study leading to a D.D.S. or D.D.M. degree, or an equivalent 41 degree, in accordance with the education law and the licensing require- 42 ments of the commissioner of education. 43 (e) "Employer" shall mean a self-insured employer or, if insured, the 44 insurance carrier. 45 (f) "Independent medical examination" shall mean an examination 46 performed by a physician, podiatrist, chiropractor or psychologist, 47 authorized under this section to perform such examination, for the 48 purpose of examining or evaluating injury or illness pursuant to para- 49 graph (b) of subdivision four of section thirteen-a and section one 50 hundred thirty-seven of this chapter and as more fully set forth in 51 regulation. 52 (g) "Nurse practitioner" shall mean a licensed registered professional 53 nurse certified pursuant to section sixty-nine hundred ten of the educa- 54 tion law acting within their lawful scope of practice. 55 (h) "Occupational therapist" shall mean licensed as having at least a 56 bachelor's or master's degree in occupational therapy from a registeredS. 1505--C 17 A. 2005--C 1 program with the education department or receipt of a diploma or degree 2 resulting from completion of not less than four years of postsecondary 3 study, which includes the professional study of occupational therapy in 4 accordance with the education law and the regulations of the commission- 5 er of education. 6 (i) "Physical therapist" shall mean licensed in accordance with the 7 education law and the licensing requirements of the commissioner of 8 education. 9 (j) "Physician" shall mean licensed with a degree of doctor of medi- 10 cine, M.D., or doctor of osteopathic medicine, D.O., or an equivalent 11 degree in accordance with the education law and the licensing require- 12 ments of the state board of medicine and the regulations of the commis- 13 sioner of education. 14 (k) "Physician assistant" shall mean a licensed provider who is 15 licensed as a physician assistant pursuant to section sixty-five hundred 16 forty-one of the education law. 17 (l) "Podiatrist" shall mean a doctor of podiatric medicine licensed as 18 having received a doctoral degree in podiatric medicine in accordance 19 with the regulations of the commissioner of education and the education 20 law, and must satisfactorily meet all other requirements of the state 21 board for podiatric medicine. 22 (m) "Provider" shall mean a duly licensed acupuncturist, chiropractor, 23 nurse practitioner, occupational therapist, physical therapist, physi- 24 cian, physician assistant, podiatrist, psychologist, or social worker 25 authorized by the chair. 26 (n) "Psychologist" shall mean licensed as having received a doctoral 27 degree in psychology from a program of psychology registered with the 28 state education department or the substantial equivalent thereof in 29 accordance with the education law, the requirements of the state board 30 for psychology, and the regulations of the commissioner of education. 31 (o) "Social worker" shall mean a licensed clinical social worker. A 32 licensed clinical social worker has completed a master's degree of 33 social work that includes completion of a core curriculum of at least 34 twelve credit hours of clinical courses or the equivalent post-graduate 35 clinical coursework, in accordance with the education law and the regu- 36 lations of the commissioner of education. 37 2. Any [physician] provider licensed [to practice medicine] pursuant 38 to the education law to provide medical care and treatment in the state 39 of New York may render emergency [medical] care and treatment in an 40 emergency hospital or urgent care setting providing emergency treatment 41 under this chapter without authorization by the chair under this 42 section; [and43(b)] (a) Such licensed [physician] provider as identified in this 44 subdivision who is [a member of a constituted medical staff of any45hospital] on staff at any hospital or urgent care center providing emer- 46 gency treatment may [render] continue such medical care under this chap- 47 ter while an injured employee remains a patient in such hospital or 48 urgent care setting; and 49 [(c)] (b) Under the [active and personal] direct supervision of an 50 authorized [physician] provider, medical care may be rendered by a 51 registered nurse or other person trained in laboratory or diagnostic 52 techniques within the scope of such person's specialized training and 53 qualifications. This supervision shall be evidenced by signed records of 54 instructions for treatment and signed records of the patient's condition 55 and progress. Reports of such treatment and supervision shall be made byS. 1505--C 18 A. 2005--C 1 such [physician] provider to the chair [on such forms and] in the format 2 prescribed by the chair at such times as the chair may require. 3 [(d) Upon the referral which may be directive as to treatment of an4authorized physician physical therapy care may be rendered by a duly5licensed physical therapist. Where physical therapy care is rendered6records of the patient's condition and progress, together with records7of instruction for treatment, if any, shall be maintained by the phys-8ical therapist and physician. Said records shall be submitted to the9chair on such forms and at such times as the chair may require.10(e) Upon the prescription or referral of an authorized physician occu-11pational therapy care may be rendered by a duly licensed occupational12therapist. Where occupational therapy care is rendered records of the13patient's condition and progress, together with records of instruction14for treatment, if any shall be maintained by the occupational therapist15and physician. Said records shall be submitted to the chair on forms and16at such times as the chair may require.17(f)] (c) Where it would place an unreasonable burden upon the employer 18 or carrier to arrange for, or for the claimant to attend, an independent 19 medical examination by an authorized [physician] provider, the employer 20 or carrier shall arrange for such examination to be performed by a qual- 21 ified [physician] provider in a medical facility convenient to the 22 claimant. 23 [2.] (d) Upon the prescription or referral of an authorized physician, 24 physician assistant, podiatrist, or nurse practitioner acting within the 25 scope of his or her practice, care or treatment may be rendered to an 26 injured employee by an authorized physical therapist, occupational ther- 27 apist or acupuncturist provided the conditions and the treatment 28 performed are among the conditions that the physical therapist, occupa- 29 tional therapist or acupuncturist is authorized to treat pursuant to the 30 education law or the regulations of the commissioner of education. 31 Where any such care or treatment is rendered, records of the patient's 32 condition and progress, together with records of instruction for treat- 33 ment, if any, shall be maintained by the physical therapist, occupa- 34 tional therapist or acupuncturist rendering treatment and by the refer- 35 ring physician, physician assistant, podiatrist, or nurse practitioner. 36 Said records shall be submitted to the chair on forms and at such times 37 as the chair may require. 38 (e) A record, report or opinion of a physical therapist, occupational 39 therapist, acupuncturist or physician assistant shall not be considered 40 as evidence of the causal relationship of any condition to a work 41 related accident or occupational disease under this chapter. Nor may a 42 record, report or opinion of a physical therapist, occupational thera- 43 pist or acupuncturist be considered evidence of disability. Nor may a 44 record, report or opinion of a physician assistant be considered 45 evidence of the presence of a permanent or initial disability or the 46 degree thereof. 47 (f) An independent medical examination performed in accordance with 48 section one hundred thirty-seven of this chapter, may only be performed 49 by a physician, podiatrist, chiropractor or psychologist authorized to 50 perform such examinations by the chair, or as specified in regulation, 51 when qualified by the board. 52 3. A [physician licensed to practice medicine in the state of New York53who is] provider properly licensed or certified pursuant to the regu- 54 lations of the commissioner of education and the requirements of the 55 education law desirous of being authorized to render medical care under 56 this chapter and/or to conduct independent medical examinations inS. 1505--C 19 A. 2005--C 1 accordance with paragraph (b) of subdivision four of section thirteen-a 2 and section one hundred thirty-seven of this chapter shall file an 3 application for authorization under this chapter with the [medical soci-4ety in the county in which his or her office is located, or with a board5designated by such society, or with a board designated by the chair as6provided in this section. In such application the applicant shall state7his or her training and qualifications, and shall agree to limit his or8her professional activities under this chapter to such medical care and9independent medical examinations, as his or her experience and training10qualify him or her to render. The applicant shall further agree to11refrain] chair or chair's designee. Prior to receiving authorization, a 12 physician must, together with submission of an application to the chair, 13 submit such application to the medical society of the county in which 14 the physician's office is located or of a board designated by such coun- 15 ty society or of a board representing duly licensed physicians of any 16 other school of medical practice in such county, and such medical socie- 17 ty shall submit the recommendation to the board. In the event such coun- 18 ty society or board fails to take action upon a physician's completed 19 and signed application within forty-five days, the chair may complete 20 review of the application without such approval. Upon approval of the 21 application by the chair or the chair's designee, the applicant shall 22 further agree to refrain from subsequently treating for remuneration, 23 as a private patient, any person seeking medical treatment, or submit- 24 ting to an independent medical examination, in connection with, or as a 25 result of, any injury compensable under this chapter, if he or she has 26 been removed from the list of [physicians] providers authorized to 27 render medical care or to conduct independent medical examinations under 28 this chapter, or if the person seeking such treatment, or submitting to 29 an independent medical examination, has been transferred from his or her 30 care in accordance with the provisions of this chapter. This agreement 31 shall run to the benefit of the injured person so treated or examined, 32 and shall be available to him or her as a defense in any action by such 33 [physician] provider for payment for treatment rendered by a [physician] 34 provider after he or she has been removed from the list of [physicians] 35 providers authorized to render medical care or to conduct independent 36 medical examinations under this chapter, or after the injured person was 37 transferred from his or her care in accordance with the provisions of 38 this chapter. [The medical society or the board designated by it, or the39board as otherwise provided under this section, if it deems such40licensed physician duly qualified, shall recommend to the chair that41such physician be authorized to render medical care and/or conduct inde-42pendent medical examinations under this chapter, and such recommendation43and authorization shall specify the character of the medical care or44independent medical examination which such physician is qualified and45authorized to render under this chapter. Such recommendations shall be46advisory to the chair only and shall not be binding or conclusive upon47him or her. The licensed physician may present to the medical society or48board, evidences of additional qualifications at any time subsequent to49his or her original application. If the medical society or board fails50to recommend to the chair that a physician be authorized to render51medical care and/or to conduct independent medical examinations under52this chapter, the physician may appeal to the medical appeals unit. The53medical society or the board designated by it, or the board as otherwise54provided under this section, may upon its own initiative, or shall upon55request of the chair, review at any time the qualifications of any56physician as to the character of the medical care or independent medicalS. 1505--C 20 A. 2005--C 1examinations which such physician has theretofore been authorized to2render under this chapter and may recommend to the chair that such3physician be authorized to render medical care or to conduct independent4medical examinations thereafter of the character which such physician is5then qualified to render. On such advisory recommendation the chair may6review and after reasonable investigation may revise the authorization7of a physician in respect to the character of medical care and/or to8conduct independent medical examinations which he or she is authorized9to render. If the medical society or board recommends to the chair that10a physician be authorized to render medical care and/or to conduct inde-11pendent medical examinations under this chapter of a character different12from the character of medical care or independent medical examinations13he or she has been theretofore authorized to render, such physician may14appeal from such recommendation to the medical appeals unit.153.] 4. Laboratories and bureaus engaged in x-ray diagnosis or treat- 16 ment or in physiotherapy or other therapeutic procedures and which 17 participate in the diagnosis or treatment of injured [workmen] workers 18 under this chapter shall be operated or supervised by [qualified physi-19cians duly] providers authorized under this chapter and shall be subject 20 to the provisions of section thirteen-c of this article. The person in 21 charge of diagnostic clinical laboratories duly authorized under this 22 chapter shall possess the qualifications established by the public 23 health and health planning council for approval by the state commission- 24 er of health or, in the city of New York, the qualifications approved by 25 the board of health of said city and shall maintain the standards of 26 work required for such approval. 27 § 2. Section 13-d of the workers' compensation law, as amended by 28 chapter 459 of the laws of 1944, the section heading, subdivision 1 and 29 subdivision 2 as amended by chapter 473 of the laws of 2000, paragraphs 30 (a) and (b) of subdivision 2 as amended and subdivision 5 as added by 31 chapter 6 of the laws of 2007, subdivision 4 as amended by chapter 1068 32 of the laws of 1960, is amended to read as follows: 33 § 13-d. Removal of [physicians] providers from lists of those author- 34 ized to render medical care or to conduct independent medical examina- 35 tions. 1. The medical society of the county in which the physician's 36 office is located at the time or a board designated by such county soci- 37 ety or a board representing duly licensed physicians of any other school 38 of medical practice in such county shall investigate, hear and make 39 findings with respect to all charges as to professional or other miscon- 40 duct of any authorized physician as herein provided under rules and 41 procedure to be prescribed by the medical appeals unit, and shall report 42 evidence of such misconduct, with their findings and recommendation with 43 respect thereto, to the chair. Failure to commence such investigation 44 within sixty days from the date the charges are referred to the society 45 by the chair or submit findings and recommendations relating to the 46 charges within one hundred eighty days from the date the charges are 47 referred shall empower the chair to appoint, as a hearing officer, a 48 member of the board, employee, or other qualified hearing officer to 49 hear and report on the charges to the chair. A qualified hearing offi- 50 cer, who is neither a member of the board, or employee thereof shall be 51 paid at a reasonable per diem rate to be fixed by the chair. 52 Such investigation, hearing, findings, recommendation and report may 53 be made by the society or board of an adjoining county upon the request 54 of the medical society of the county in which the alleged misconduct or 55 infraction of this chapter occurred, subject to the time limit and 56 conditions set forth herein. The medical appeals unit shall review theS. 1505--C 21 A. 2005--C 1 findings and recommendation of such medical society or board, or hearing 2 officer appointed by the chair upon application of the accused physician 3 and may reopen the matter and receive further evidence. The findings, 4 decision and recommendation of such society, board or hearing officer 5 appointed by the chair or medical appeals unit shall be advisory to the 6 chair only, and shall not be binding or conclusive upon him or her. 7 2. The chair shall remove from the list of [physicians] providers 8 authorized to render medical care under this chapter, or to conduct 9 independent medical examinations in accordance with paragraph (b) of 10 subdivision four of section thirteen-a of this article, the name of any 11 [physician] provider who he or she shall find after reasonable investi- 12 gation is disqualified because such [physician] provider: 13 (a) has been guilty of professional or other misconduct or incompeten- 14 cy in connection with rendering medical services under the law; or 15 (b) has exceeded the limits of his or her professional competence in 16 rendering medical care or in conducting independent medical examinations 17 under the law, or has made materially false statements regarding his or 18 her qualifications in his or her application for the recommendation of 19 the medical society or board as provided in section thirteen-b of this 20 article; or 21 (c) has failed to transmit copies of medical reports to claimant's 22 attorney or licensed representative as provided in subdivision (f) of 23 section thirteen of this article; or has failed to submit full and 24 truthful medical reports of all his or her findings to the employer, and 25 directly to the chair or the board within the time limits provided in 26 subdivision four of section thirteen-a of this article with the excep- 27 tion of injuries which do not require (1) more than ordinary first aid 28 or more than two treatments by a [physician] provider or person render- 29 ing first aid, or (2) loss of time from regular duties of one day beyond 30 the working day or shift; or 31 (d) knowingly made a false statement or representation as to a materi- 32 al fact in any medical report made pursuant to this chapter or in testi- 33 fying or otherwise providing information for the purposes of this chap- 34 ter; or 35 (e) has solicited, or has employed another to solicit for himself or 36 herself or for another, professional treatment, examination or care of 37 an injured employee in connection with any claim under this chapter; or 38 (f) has refused to appear before, to testify, to submit to a deposi- 39 tion, or to answer upon request of, the chair, board, medical appeals 40 unit or any duly authorized officer of the state, any legal question, or 41 to produce any relevant book or paper concerning his or her conduct 42 under any authorization granted to him or her under this chapter; or 43 (g) has directly or indirectly requested, received or participated in 44 the division, transference, assignment, rebating, splitting or refunding 45 of a fee for, or has directly or indirectly requested, received or prof- 46 ited by means of a credit or other valuable consideration as a commis- 47 sion, discount or gratuity in connection with the furnishing of medical 48 or surgical care, an independent medical examination, diagnosis or 49 treatment or service, including X-ray examination and treatment, or for 50 or in connection with the sale, rental, supplying or furnishing of clin- 51 ical laboratory services or supplies, X-ray laboratory services or 52 supplies, inhalation therapy service or equipment, ambulance service, 53 hospital or medical supplies, physiotherapy or other therapeutic service 54 or equipment, artificial limbs, teeth or eyes, orthopedic or surgical 55 appliances or supplies, optical appliances, supplies or equipment, 56 devices for aid of hearing, drugs, medication or medical supplies, orS. 1505--C 22 A. 2005--C 1 any other goods, services or supplies prescribed for medical diagnosis, 2 care or treatment, under this chapter; except that reasonable payment, 3 not exceeding the technical component fee permitted in the medical fee 4 schedule, established under this chapter for X-ray examinations, diagno- 5 sis or treatment, may be made by a [physician] provider duly authorized 6 as a roentgenologist to any hospital furnishing facilities and equipment 7 for such examination, diagnosis or treatment, provided such hospital 8 does not also submit a charge for the same services. Nothing contained 9 in this paragraph shall prohibit such [physicians] providers who prac- 10 tice as partners, in groups or as a professional corporation or as a 11 university faculty practice corporation from pooling fees and moneys 12 received, either by the partnership, professional corporation, universi- 13 ty faculty practice corporation or group by the individual members ther- 14 eof, for professional services furnished by any individual professional 15 member, or employee of such partnership, corporation or group, nor shall 16 the professionals constituting the partnerships, corporations, or groups 17 be prohibited from sharing, dividing or apportioning the fees and moneys 18 received by them or by the partnership, corporation or group in accord- 19 ance with a partnership or other agreement. 20 3. Any person who violates or attempts to violate, and any person who 21 aids another to violate or attempts to induce him or her to violate the 22 provisions of paragraph (g) of subdivision two of this section shall be 23 guilty of a misdemeanor. 24 4. Nothing in this section shall be construed as limiting in any 25 respect the power or duty of the [chairman] chair to investigate 26 instances of misconduct, either before or after investigation by a 27 medical society or board as herein provided, or to temporarily suspend 28 the authorization of any [physician] provider that he or she may believe 29 to be guilty of such misconduct. 30 5. Whenever the department of health or the department of education 31 shall conduct an investigation with respect to charges of professional 32 or other misconduct by a [physician] provider which results in a report, 33 determination or consent order that includes a finding of professional 34 or other misconduct or incompetency by such [physician] provider, the 35 chair shall have full power and authority to temporarily suspend, revoke 36 or otherwise limit the authorization under this chapter of any [physi-37cian] provider upon such finding by the department of health or the 38 department of education that the [physician] provider has been guilty of 39 professional or other misconduct. The recommendations of the department 40 of health or the department of education shall be advisory to the chair 41 only and shall not be binding or conclusive upon the chair. 42 § 3. Section 13-g of the workers' compensation law, as added by chap- 43 ter 258 of the laws of 1935, subdivision 1 as amended by chapter 674 of 44 the laws of 1994, subdivisions 2 and 3 as amended by section 4 of part 45 GG of chapter 57 of the laws of 2013, subdivision 4 as amended by 46 section 3 of part D of chapter 55 of the laws of 2015, subdivision 5 as 47 amended by chapter 578 of the laws of 1959 and subdivision 6 as amended 48 by chapter 639 of the laws of 1996, is amended to read as follows: 49 § 13-g. Payment of bills for medical care. (1) Within forty-five days 50 after a bill for medical care or supplies delivered pursuant to section 51 thirteen of this article has been rendered to the employer [by the52hospital, physician or self-employed physical or occupational therapist53who has rendered treatment pursuant to a referral from the injured54employee's authorized physician or authorized podiatrist for treatment55to the injured employee], such employer must pay the bill or notify the 56 [hospital, physician or self-employed physical or occupational therapistS. 1505--C 23 A. 2005--C 1in writing] medical care provider or supplier in the format prescribed 2 by the chair that the bill is not being paid and explain the reasons for 3 non-payment. In the event that the employer fails to make payment or 4 notify the [hospital, physician or self-employed physical or occupa-5tional therapist] medical care provider or supplier within such forty- 6 five day period that payment is not being made, the [hospital, physi-7cian, self-employed physical therapist or self-employed occupational8therapist] medical care provider or supplier may notify the board in the 9 format prescribed by the chair [in writing] that the bill has not been 10 paid and request that the board make an award for payment of such bill. 11 The board or the chair may make an award not in excess of the estab- 12 lished fee schedules for any such bill or part thereof which remains 13 unpaid after said forty-five day period or thirty days after all other 14 questions duly and timely raised in accordance with the provisions of 15 this chapter, relating to the employer's liability for the payment of 16 such amount, shall have been finally determined adversely to the employ- 17 er, whichever is later, in accordance with rules promulgated by the 18 chair, and such award may be collected in like manner as an award of 19 compensation. The chair shall assess the sum of fifty dollars against 20 the employer for each such award made by the board, which sum shall be 21 paid into the state treasury. 22 In the event that the employer has provided an explanation in writing 23 why the bill has not been paid, in part or in full, within the aforesaid 24 time period, and the parties can not agree as to the value of medical 25 aid rendered under this chapter, such value shall be decided by arbi- 26 tration [if requested by the hospital, physician or self-employed phys-27ical or occupational therapist, in accordance with the provisions of28subdivision two or subdivision three of this section, as appropriate,29and] as set forth in rules and regulations promulgated by the chair. 30 Where a [physician, physical or occupational therapist] bill for 31 medical care or supplies has been determined to be due and owing in 32 accordance with the provisions of this section the board shall include 33 in the amount of the award interest of not more than one and one-half 34 [per cent] percent (1 1/2%) per month payable to the [physician, phys-35ical or occupational therapist] medical care provider or supplier, in 36 accordance with the rules and regulations promulgated by the board. 37 Interest shall be calculated from the forty-fifth day after the bill was 38 rendered or from the thirtieth day after all other questions duly and 39 timely raised in accordance with the provisions of this chapter, relat- 40 ing to the employer's liability for the payment of such amount, shall 41 have been finally determined adversely to the employer, whichever is 42 later, in accordance with rules promulgated by the chair. 43 (2) [(a)] If the parties fail to agree to the value of medical aid 44 rendered under this chapter [and the amount of the disputed bill is one45thousand dollars or less, or if the amount of the disputed medical bill46exceeds one thousand dollars and the health care provider expressly so47requests], such value shall be decided by a single arbitrator process, 48 pursuant to rules promulgated by the chair. The chair shall appoint a 49 physician who is a member in good standing of the medical society of the 50 state of New York to determine the value of such disputed medical bill. 51 Where the physician whose charges are being arbitrated is a member in 52 good standing of the New York osteopathic society, the value of such 53 disputed bill shall be determined by a member in good standing of the 54 New York osteopathic society appointed by the chair. Where the physician 55 whose charges are being arbitrated is a member in good standing of the 56 New York homeopathic society, the value of such disputed bill shall beS. 1505--C 24 A. 2005--C 1 determined by a member in good standing of the New York homeopathic 2 society appointed by the chair. Where the value of [physical therapy3services or occupational therapy services is] any other authorized 4 provider's services are at issue, such value shall be determined by a 5 member in good standing of [a] one or more recognized professional 6 [association] associations representing its respective profession in the 7 state of New York appointed by the chair. Decisions rendered under the 8 single arbitrator process shall be conclusive upon the parties as to the 9 value of the services in dispute. 10 [(b) If the parties fail to agree as to the value of medical aid11rendered under this chapter and the amount of the disputed bill exceeds12one thousand dollars, such value shall be decided by an arbitration13committee unless the health care provider expressly requests a single14arbitrator process in accordance with paragraph (a) of this subdivision.15The arbitration committee shall consist of one physician designated by16the president of the medical society of the county in which the medical17services were rendered, one physician who is a member of the medical18society of the state of New York, appointed by the employer or carrier,19and one physician, also a member of the medical society of the state of20New York, appointed by the chair of the workers' compensation board. If21the physician whose charges are being arbitrated is a member in good22standing of the New York osteopathic society or the New York homeopathic23society, the members of such arbitration committee shall be physicians24of such organization, one to be appointed by the president of that25organization, one by the employer or carrier and the third by the chair26of the workers' compensation board. Where the value of physical therapy27services is at issue and the amount of the disputed bill exceeds one28thousand dollars, the arbitration committee shall consist of a member in29good standing of a recognized professional association representing30physical therapists in the state of New York appointed by the president31of such organization, a physician designated by the employer or carrier32and a physician designated by the chair of the workers' compensation33board provided however, that the chair finds that there are a sufficient34number of physical therapy arbitrations in a geographical area comprised35of one or more counties to warrant a committee so comprised. In all36other cases where the value of physical therapy services is at issue and37the amount of the disputed bill exceeds one thousand dollars, the arbi-38tration committee shall be similarly selected and identical in composi-39tion, provided that the physical therapist member shall serve without40remuneration, and provided further that in the event a physical thera-41pist is not available, the committee shall be comprised of three physi-42cians designated in the same manner as in cases where the value of43medical aid is at issue.44(c) Where the value of occupational therapy services is at issue the45arbitration committee shall consist of a member in good standing of a46recognized professional association representing occupational therapists47in the state of New York appointed by the president of such organiza-48tion; a physician designated by the employer or carrier and a physician49designated by the chair of the workers' compensation board provided,50however, that the chair finds that there are a sufficient number of51occupational therapy arbitrations in a geographical area comprised of52one or more counties to warrant a committee so comprised. In all other53cases where the value of occupational therapy services is at issue and54the amount of the disputed bill exceeds one thousand dollars, the arbi-55tration committee shall be similarly selected and identical in composi-56tion, provided that the occupational therapist member shall serve with-S. 1505--C 25 A. 2005--C 1out remuneration, and provided further that in the event an occupational2therapist is not available, the committee shall be comprised of three3physicians designated in the same manner as in cases where the value of4medical aid is at issue. The majority decision of any such arbitration5committee shall be conclusive upon the parties as to the value of the6services in dispute.7(3) (a) If an employer shall have notified the hospital in writing, as8provided in subdivision one of this section, why the bill has not been9paid, in part or in full, and the amount of the disputed bill is one10thousand dollars or less, or where the amount of the disputed medical11bill exceeds one thousand dollars and the hospital expressly so12requests, such value shall be decided by a single arbitrator process,13pursuant to rules promulgated by the chair. The chair shall appoint a14physician in good standing licensed to practice in New York state to15determine the value of such disputed bill. Decisions rendered under the16administrative resolution procedure shall be conclusive upon the parties17as to the value of the services in dispute.18(b) If an employer shall have notified the hospital in writing, as19provided in subdivision one of this section, why the bill has not been20paid, in part or in full, and the amount of the disputed bill exceeds21one thousand dollars, the value of such bill shall be determined by an22arbitration committee appointed by the chair for that purpose, which23committee shall consider all of the charges of the hospital, unless the24hospital expressly requests a single arbitrator process pursuant to25paragraph (a) of this subdivision. The committee shall consist of three26physicians. One member of the committee may be nominated by the chair27upon recommendation of the president of the hospital association of New28York state and one member may be nominated by the employer or insurance29carrier. The majority decision of any such committee shall be conclusive30upon the parties as to the value of the services rendered. The chair may31make reasonable rules and regulations consistent with the provisions of32this section.33(4)] (3) A provider or supplier initiating [an arbitration, including] 34 a single arbitrator process, pursuant to this section shall not pay a 35 fee to cover the costs related to the conduct of such arbitration. [Each36member of an arbitration committee for medical bills, and each member of37an arbitration committee for hospital bills shall be entitled to receive38and shall be paid a fee for each day's attendance at an arbitration39session in any one count in an amount fixed by the chair of the workers'40compensation board.41(5)] (4) In claims where the employer has failed to secure compen- 42 sation to his employees as required by section fifty of this chapter, 43 the board may make an award for the value of medical [and podiatry] 44 services, supplies or treatment rendered to such employees, in accord- 45 ance with the schedules of fees and charges prepared and established 46 under the provisions of [section thirteen, subdivision a, and section47thirteen-k, subdivision two, of] this chapter[, and for the reasonable48value of hospital care in accordance with the charges currently in force49in hospitals in the same community for cases coming within the50provisions of this chapter]. Such award shall be made to the [physician,51podiatrist, or hospital] medical care provider or supplier entitled 52 thereto. A default in the payment of such award may be enforced in the 53 manner provided for the enforcement of compensation awards as set forth 54 in section twenty-six of this [chapter] article. 55 In all cases coming under this subdivision the payment of the claim 56 [of the physician, podiatrist, or hospital for medical, podiatry, orS. 1505--C 26 A. 2005--C 1surgical services or treatment] for medical care or supplies shall be 2 subordinate to that of the claimant or his or her beneficiaries. 3 [(6) Notwithstanding any inconsistent provision of law, arbitration4regarding payments for inpatient hospital services for any patient5discharged on or after January first, nineteen hundred ninety-one and6prior to December thirty-first, nineteen hundred ninety-six shall be7resolved in accordance with paragraph (d) of subdivision three of8section twenty-eight hundred seven-c of the public health law.] 9 § 4. Subdivisions 1 and 2 and paragraph (b) of subdivision 3 of 10 section 13-k of the workers' compensation law, subdivision 1 as added by 11 chapter 787 of the laws of 1952 and subdivision 2 and paragraph (b) of 12 subdivision 3 as amended by chapter 473 of the laws of 2000, are amended 13 to read as follows: 14 1. When the term "chairman" is hereinafter used, it shall be deemed to 15 mean the [chairman] chair of the [workmen's] workers' compensation board 16 of the state of New York. 17 2. An employee injured under circumstances which make such injury 18 compensable under this article, when care is required for an injury to 19 the foot which injury or resultant condition therefrom may lawfully be 20 treated by a duly registered and licensed podiatrist of the state of New 21 York, may select to treat him or her any podiatrist authorized by the 22 chair to render [podiatry] podiatric medical care, as hereinafter 23 provided. If the injury or condition is one which is without the limits 24 prescribed by the education law for [podiatry] podiatric medical care 25 and treatment, or the injuries involved affect other parts of the body 26 in addition to the foot, the said podiatrist must so advise the said 27 injured employee and instruct him or her to consult a physician of said 28 employee's choice for appropriate care and treatment. Such physician 29 shall thenceforth have overall supervision of the treatment of said 30 patient including the future treatment to be administered to the patient 31 by the podiatrist. If for any reason during the period when [podiatry] 32 podiatric medical treatment and care is required, the employee wishes to 33 transfer his or her treatment and care to another authorized podiatrist 34 he or she may do so, in accordance with rules prescribed by the chair, 35 provided however that the employer shall be liable for the proper fees 36 of the original podiatrist for the care and treatment he or she shall 37 have rendered. [A podiatrist licensed and registered to practice podia-38try in the state of New York who is desirous of being authorized to39render podiatry care under this section and/or to conduct independent40medical examinations in accordance with paragraph (b) of subdivision41three of this section shall file an application for authorization under42this section with the podiatry practice committee. In such application43he or she shall agree to refrain from subsequently treating for remuner-44ation, as a private patient, any person seeking podiatry treatment, or45submitting to an independent medical examination, in connection with, or46as a result of, any injury compensable under this chapter, if he or she47has been removed from the list of podiatrists authorized to render48podiatry care or to conduct independent medical examinations under this49chapter, or if the person seeking such treatment has been transferred50from his or her care in accordance with the provisions of this section.51This agreement shall run to the benefit of the injured person so treated52or examined, and shall be available to him or her as a defense in any53action by such podiatrist for payment for treatment rendered by a podia-54trist after he or she has been removed from the list of podiatrists55authorized to render podiatry care or to conduct independent medical56examinations under this section, or after the injured person was trans-S. 1505--C 27 A. 2005--C 1ferred from his or her care in accordance with the provisions of this2section. The podiatry practice committee if it deems such licensed3podiatrist duly qualified shall recommend to the chair that such podia-4trist be authorized to render podiatry care and/or to conduct independ-5ent medical examinations under this section. Such recommendation shall6be advisory to the chair only and shall not be binding or conclusive7upon him or her.] The chair shall prepare and establish a schedule for 8 the state, or schedules limited to defined localities, of charges and 9 fees for [podiatry] podiatric medical treatment and care, to be deter- 10 mined in accordance with and to be subject to change pursuant to rules 11 promulgated by the chair. Before preparing such schedule for the state 12 or schedules for limited localities the chair shall request the [podia-13try] podiatric medicine practice committee to submit to him or her a 14 report on the amount of remuneration deemed by such committee to be fair 15 and adequate for the types of [podiatry] podiatric medical care to be 16 rendered under this chapter, but consideration shall be given to the 17 view of other interested parties. The amounts payable by the employer 18 for such treatment and services shall be the fees and charges estab- 19 lished by such schedule. 20 (b) Upon receipt of the notice provided for by paragraph (a) of this 21 subdivision, the employer, the carrier and the claimant each shall be 22 entitled to have the claimant examined by a qualified podiatrist author- 23 ized by the chair in accordance with [subdivision two of this] section 24 thirteen-b and section one hundred thirty-seven of this chapter, at a 25 medical facility convenient to the claimant and in the presence of the 26 claimant's podiatrist, and refusal by the claimant to submit to such 27 independent medical examination at such time or times as may reasonably 28 be necessary in the opinion of the board shall bar the claimant from 29 recovering compensation for any period during which he or she has 30 refused to submit to such examination. 31 § 5. Subdivisions 1 and 2 and paragraph (b) of subdivision 3 of 32 section 13-l of the workers' compensation law, subdivision 1 as added by 33 chapter 940 of the laws of 1973 and subdivision 2 and paragraph (b) of 34 subdivision 3 as amended by chapter 473 of the laws of 2000, are amended 35 to read as follows: 36 1. Where the term "chairman" is hereinafter used, it shall be deemed 37 to mean the [chairman] chair of the [workmen's] workers' compensation 38 board of the state of New York. 39 2. An employee injured under circumstances which make such injury 40 compensable under this article, when care is required for an injury 41 which consists solely of a condition which may lawfully be treated by a 42 chiropractor as defined in section sixty-five hundred fifty-one of the 43 education law may select to treat him or her, any duly registered and 44 licensed chiropractor of the state of New York, authorized by the chair 45 to render chiropractic care as hereinafter provided. If the injury or 46 condition is one which is outside the limits prescribed by the education 47 law for chiropractic care and treatment, the said chiropractor must so 48 advise the said injured employee and instruct him or her to consult a 49 physician of said employee's choice for appropriate care and treatment. 50 Such physician shall thenceforth have supervision of the treatment of 51 said condition including the future treatment to be administered to the 52 patient by the chiropractor. [A chiropractor licensed and registered to53practice chiropractic in the state of New York, who is desirous of being54authorized to render chiropractic care under this section and/or to55conduct independent medical examinations in accordance with paragraph56(b) of subdivision three of this section shall file an application forS. 1505--C 28 A. 2005--C 1authorization under this section with the chiropractic practice commit-2tee. In such application he or she shall agree to refrain from subse-3quently treating for remuneration, as a private patient, any person4seeking chiropractic treatment, or submitting to an independent medical5examination, in connection with, or as a result of, any injury compensa-6ble under this chapter, if he or she has been removed from the list of7chiropractors authorized to render chiropractic care or to conduct inde-8pendent medical examinations under this chapter, or if the person seek-9ing such treatment has been transferred from his or her care in accord-10ance with the provisions of this section. This agreement shall run to11the benefit of the injured person so treated, or examined, and shall be12available to him or her as a defense in any action by such chiropractor13for payment rendered by a chiropractor after he or she has been removed14from the list of chiropractors authorized to render chiropractic care or15to conduct independent medical examinations under this section, or after16the injured person was transferred from his or her care in accordance17with the provisions of this section. The chiropractic practice committee18if it deems such licensed chiropractor duly qualified shall recommend to19the chair that such be authorized to render chiropractic care and/or to20conduct independent medical examinations under this section. Such recom-21mendations shall be advisory to the chair only and shall not be binding22or conclusive upon him or her.] The chair shall prepare and establish a 23 schedule for the state, or schedules limited to defined localities of 24 charges and fees for chiropractic treatment and care, to be determined 25 in accordance with and to be subject to change pursuant to rules promul- 26 gated by the chair. Before preparing such schedule for the state or 27 schedules for limited localities the chair shall request the chiroprac- 28 tic practice committee to submit to him or her a report on the amount of 29 remuneration deemed by such committee to be fair and adequate for the 30 types of chiropractic care to be rendered under this chapter, but 31 consideration shall be given to the view of other interested parties, 32 the amounts payable by the employer for such treatment and services 33 shall be the fees and charges established by such schedule. 34 (b) Upon receipt of the notice provided for by paragraph (a) of this 35 subdivision, the employer, the carrier, and the claimant each shall be 36 entitled to have the claimant examined by a qualified chiropractor 37 authorized by the chair in accordance with [subdivision two of this] 38 section thirteen-b and section one hundred thirty-seven of this chapter 39 at a medical facility convenient to the claimant and in the presence of 40 the claimant's chiropractor, and refusal by the claimant to submit to 41 such independent medical examination at such time or times as may 42 reasonably be necessary in the opinion of the board shall bar the claim- 43 ant from recovering compensation, for any period during which he or she 44 has refused to submit to such examination. 45 § 6. Subdivisions 1, 2 and 3 and paragraph (b) of subdivision 4 of 46 section 13-m of the workers' compensation law, subdivisions 1 and 2 as 47 added by chapter 589 of the laws of 1989 and subdivision 3 and paragraph 48 (b) of subdivision 4 as amended by chapter 473 of the laws of 2000, are 49 amended to read as follows: 50 1. Where the term "chairman" is hereinafter used, it shall be deemed 51 to mean the [chairman] chair of the workers' compensation board of the 52 state of New York. 53 2. (a) An injured employee, injured under circumstances which make 54 such injury compensable under this article, may lawfully be treated[,55upon the referral of an authorized physician,] by a psychologist, duly 56 registered and licensed by the state of New York, authorized by theS. 1505--C 29 A. 2005--C 1 [chairman] chair to render psychological care pursuant to [this] section 2 thirteen-b of this article. Such services shall be within the scope of 3 such psychologist's specialized training and qualifications as defined 4 in article one hundred fifty-three of the education law. 5 (b) Medical bureaus, medical centers jointly operated by labor and 6 management representatives, hospitals and health maintenance organiza- 7 tions, authorized to provide medical care pursuant to section thirteen-c 8 of this [chapter] article, may provide psychological services when 9 required[, upon the referral of an authorized physician, provided such10care is rendered by a duly registered, licensed and authorized psychol-11ogist, as required by this section]. 12 (c) A psychologist rendering service pursuant to this section shall 13 maintain records of the patient's psychological condition and treatment, 14 and such records or reports shall be submitted to the [chairman] chair 15 on such forms and at such times as the [chairman] chair may require. 16 3. [A psychologist, licensed and registered to practice psychology in17the state of New York, who is desirous of being authorized to render18psychological care under this section and/or to conduct independent19medical examinations in accordance with paragraph (b) of subdivision20four of this section shall file an application for authorization under21this section with the psychology practice committee. The applicant shall22agree to refrain from subsequently treating for remuneration, as a23private patient, any person seeking psychological treatment, or submit-24ting to an independent medical examination, in connection with, or as a25result of, any injury compensable under this chapter, if he or she has26been removed from the list of psychologists authorized to render psycho-27logical care under this chapter. This agreement shall run to the benefit28of the injured person so treated, and shall be available as a defense in29any action by such psychologist for payment for treatment rendered by30such psychologist after being removed from the list of psychologists31authorized to render psychological care or to conduct independent32medical examinations under this section. The psychology practice commit-33tee if it deems such licensed psychologist duly qualified shall recom-34mend to the chair that such person be authorized to render psychological35care and/or to conduct independent medical examinations under this36section. Such recommendations shall be only advisory to the chair and37shall not be binding or conclusive.] The chair shall prepare and estab- 38 lish a schedule for the state or schedules limited to defined localities 39 of charges and fees for psychological treatment and care, to be deter- 40 mined in accordance with and be subject to change pursuant to rules 41 promulgated by the chair. Before preparing such schedule for the state 42 or schedules for limited localities the chair shall request the psychol- 43 ogy practice committee to submit to such chair a report on the amount of 44 remuneration deemed by such committee to be fair and adequate for the 45 types of psychological care to be rendered under this chapter, but 46 consideration shall be given to the view of other interested parties. 47 The amounts payable by the employer for such treatment and services 48 shall be the fees and charges established by such schedule. 49 (b) Upon receipt of the notice provided for by paragraph (a) of this 50 subdivision, the employer, the carrier, and the claimant each shall be 51 entitled to have the claimant examined by a qualified psychologist, 52 authorized by the chair in accordance with [subdivision three of this] 53 section thirteen-b and section one hundred thirty-seven of this chapter, 54 at a medical facility convenient to the claimant and in the presence of 55 the claimant's psychologist, and refusal by the claimant to submit to 56 such independent medical examination at such time or times as mayS. 1505--C 30 A. 2005--C 1 reasonably be necessary in the opinion of the board shall bar the claim- 2 ant from recovering compensation, for any period during which he or she 3 has refused to submit to such examination. 4 § 7. Section 54-b of the workers' compensation law, as amended by 5 chapter 6 of the laws of 2007, is amended to read as follows: 6 § 54-b. Enforcement on failure to pay award or judgment. In case of 7 default by a carrier or self-insured employer in the payment of any 8 compensation due under an award for the period of thirty days after 9 payment is due and payable, or in the case of failure by a carrier or 10 self-insured employer to make full payment of an award for medical care 11 or supplies issued by the board or the chair pursuant to section thir- 12 teen-g of this chapter, the chair in any such case or on the chair's 13 consent any party to an award may file with the county clerk for the 14 county in which the injury occurred or the county in which the carrier 15 or self-insured employer has his or her principal place of business, (1) 16 a certified copy of the decision of the board awarding compensation or 17 ending, diminishing or increasing compensation previously awarded, from 18 which no appeal has been taken within the time allowed therefor, or if 19 an appeal has been taken by a carrier or self-insured employer who has 20 not complied with the provisions of section fifty of this article, where 21 he or she fails to deposit with the chair the amount of the award as 22 security for its payment within ten days after the same is due and paya- 23 ble, or (2) a certified copy of the award for medical care or supplies 24 issued pursuant to section thirteen-g of this chapter, and thereupon 25 judgment must be entered in the supreme court by the clerk of such coun- 26 ty in conformity therewith immediately upon such filing. If the payment 27 in default be an installment, the board may declare the entire award due 28 and judgment may be entered in accordance with the provisions of this 29 section. Such judgment shall be entered in the same manner, have the 30 same effect and be subject to the same proceedings as though rendered in 31 a suit duly heard and determined by the supreme court, except that no 32 appeal may be taken therefrom. The court shall vacate or modify such 33 judgment to conform to any later award or decision of the board upon 34 presentation of a certified copy of such award or decision. The award 35 may be so compromised by the board as in the discretion of the board may 36 best serve the interest of the persons entitled to receive the compen- 37 sation or benefits. Where an award has been made against a carrier or 38 self-insured employer in accordance with the provisions of subdivision 39 nine of section fifteen, or of section twenty-five-a of this chapter, 40 such an award may be similarly compromised by the board, upon notice to 41 a representative of the fund to which the award is payable, but if there 42 be no representative of any such fund, notice shall be given to such 43 representative as may be designated by the chair of the board; and 44 notwithstanding any other provision of law, such compromise shall be 45 effective without the necessity of any approval by the state comp- 46 troller. Neither the chair nor any party in interest shall be required 47 to pay any fee to any public officer for filing or recording any paper 48 or instrument or for issuing a transcript of any judgment executed in 49 pursuance of this section. The carrier or self-insured employer shall be 50 liable for all costs and attorneys fees necessary to enforce the award. 51 For the purposes of this section, the term "carrier" shall include the 52 state insurance fund and any stock corporation, mutual corporation or 53 reciprocal insurer authorized to transact the business of workers' 54 compensation insurance in this state. 55 § 8. Subdivisions 5 and 6 of section 13-a of the workers' compensation 56 law, subdivision 5 as amended by chapter 6 of the laws of 2007 and asS. 1505--C 31 A. 2005--C 1 further amended by section 104 of part A of chapter 62 of the laws of 2 2011 and subdivision 6 as amended by chapter 635 of the laws of 1996, 3 are amended to read as follows: 4 (5) No claim for specialist consultations, surgical operations, 5 physiotherapeutic or occupational therapy procedures, x-ray examinations 6 or special diagnostic laboratory tests costing more than one thousand 7 dollars shall be valid and enforceable, as against such employer, unless 8 such special services shall have been authorized by the employer or by 9 the board, or unless such authorization has been unreasonably withheld, 10 or withheld for a period of more than thirty calendar days from receipt 11 of a request for authorization, or unless such special services are 12 required in an emergency, provided, however, that the basis for a denial 13 of such authorization by the employer must be based on a conflicting 14 second opinion rendered by a physician authorized by the board. The 15 board, with the approval of the superintendent of financial services, 16 shall issue and maintain a list of pre-authorized procedures under this 17 section. Such list of pre-authorized procedures shall be issued and 18 maintained for the purpose of expediting authorization of treatment of 19 injured workers. Such list of pre-authorized procedures shall not 20 prohibit varied treatment when the treating provider demonstrates the 21 appropriateness and medical necessity of such treatment. 22 (6) (a) Any interference by any person with the selection by an 23 injured employee of an authorized physician to treat him, except when 24 the selection is made pursuant to article ten-A of this chapter, and the 25 improper influencing or attempt by any person improperly to influence 26 the medical opinion of any physician who has treated or examined an 27 injured employee, shall be a misdemeanor; provided, however, that it 28 shall not constitute interference or improper influence if, in the pres- 29 ence of such injured employee's physician, an employer, his carrier or 30 agent should recommend or provide information concerning rehabilitation 31 services or the availability thereof to an injured employee or his fami- 32 ly. 33 (b) Except as otherwise permitted by law, an employer, carrier, or 34 third-party administrator shall not interfere or attempt to interfere 35 with the selection by an injured employee of, or treatment by, an 36 authorized medical provider, including by directing or attempting to 37 direct that the injured employee seek treatment from a specific provider 38 or type of provider selected by the employer, carrier, or third-party 39 administrator. It shall not constitute improper interference under this 40 paragraph if the direction or attempt to direct the injured employee to 41 receive treatment from a specific provider or type of provider origi- 42 nates from the authorized medical provider while in the course of 43 providing treatment to the injured employee. 44 (i) Notwithstanding any other provision in this chapter, the chair 45 shall by regulation establish a performance standard concerning the 46 subject of any penalty imposed under this paragraph against an employer, 47 carrier or third-party administrator. The performance standard estab- 48 lished by the chair shall be used to measure compliance with this para- 49 graph by employers, carriers and third-party administrators. The chair 50 shall apply the performance standard based on multiple factors, includ- 51 ing but not limited to, findings of improper interference submitted as 52 complaints to the board's monitoring unit, unreasonable objections to 53 medical care, unwarranted objections to variances, medical billing 54 disputes, case delays brought about by employers, carriers and third- 55 party administrators, and the unreasonable denial of medical care.S. 1505--C 32 A. 2005--C 1 (ii) Upon validating an allegation that the employer, carrier or 2 third-party administrator has failed to meet the promulgated performance 3 standard, a penalty shall be assessed by the board upon notice to the 4 employer, carrier or third-party administrator. The board shall impose 5 such penalty against the carrier, employer or third-party administrator 6 in the amount of fifty dollars per violation identified in subparagraph 7 (i) of this paragraph. The penalties for violations identified in 8 subparagraph (i) of this paragraph, may be aggregated into a single 9 penalty upon a finding that an employer, carrier or third-party adminis- 10 trator has interfered with an injured employee's necessary medical 11 treatment and care. Such aggregate penalty or assessment shall be based 12 upon the number of violations as multiplied against the applicable 13 penalty or assessment, but may be negotiated by the chair's designee in 14 full satisfaction of the penalty or assessment. Any aggregate penalty or 15 assessment issued under this paragraph shall be issued administratively, 16 and the chair shall, by regulation, specify the method of review or 17 redetermination, and the presentment of evidence and objections shall 18 occur solely upon the documentation. Any final determination shall be 19 subject to review under section twenty-three of this article but penal- 20 ties may not be subject to a stay. A final determination that an employ- 21 er, carrier or third-party administrator has engaged in a pattern of 22 interference with an injured worker's access to medically necessary 23 medical care shall result in the imposition of an aggregate penalty and 24 publication of notice of such finding on the board's web page. 25 § 9. This act shall take effect January 1, 2020. 26 PART DD 27 Section 1. Section 14 of part J of chapter 62 of the laws of 2003 28 amending the county law and other laws relating to fees collected, as 29 amended by section 7 of part K of chapter 56 of the laws of 2010, is 30 amended to read as follows: 31 § 14. Notwithstanding the provisions of any other law: (a) the fee 32 collected by the office of court administration for the provision of 33 criminal history searches and other searches for data kept electron- 34 ically by the unified court system shall be [sixty-five] ninety-five 35 dollars; (b) [thirty-five] sixty-five dollars of each such fee collected 36 shall be deposited in the indigent legal services fund established by 37 section 98-b of the state finance law, as added by section twelve of 38 this act, (c) nine dollars of each such fee collected shall be deposited 39 in the legal services assistance fund established by section 98-c of the 40 state finance law, as added by section nineteen of this act, (d) sixteen 41 dollars of each such fee collected shall be deposited to the judiciary 42 data processing offset fund established by section 94-b of the state 43 finance law, and (e) the remainder shall be deposited in the general 44 fund. 45 § 2. This act shall take effect immediately. 46 PART EE 47 Intentionally Omitted 48 PART FF 49 Section 1. Subject to the provisions of this act, the town of Hast- 50 ings, county of Oswego, acting by and through its governing body andS. 1505--C 33 A. 2005--C 1 upon such terms and conditions as determined by such body, is hereby 2 authorized to discontinue as parklands and to alienate the lands 3 described in section three of this act, to the New York Division of 4 State Police for the construction of a Division of State Police station. 5 § 2. The authorization contained in section one of this act shall take 6 effect only upon the condition that the town of Hastings shall dedicate 7 an amount equal to or greater than the fair market value of the park- 8 lands being discontinued towards the acquisition of new parklands and/or 9 capital improvements to existing park and recreational facilities. 10 § 3. The parklands authorized by section one of this act to be alien- 11 ated as parkland are described as follows: All that tract or parcel of 12 land situate in the Town of Hastings, County of Oswego and State of New 13 York, being part of Lot No. 28 and being part of Lot No. 29 in Township 14 No. 13 of Scriba's Patent, and being part of the lands conveyed from F. 15 Don Sweet to the Town of Hastings by deed dated April 16, 1969 and 16 recorded at the Oswego County Clerk's Office on April 16, 1969 in Book 17 of Deeds 712 at Page 116 and being more particularly described as 18 follows: 19 Beginning at the southwesterly corner of lands of the Town of Hastings 20 (712/116), being a point on the southerly bounds of Lot No. 28, also 21 being the centerline of Wilson Road per deed (712/116), said point being 22 easterly a distance of 645 feet, more or less, from the nominal center- 23 line intersection of Wilson Road and U.S. Route No. 11; 24 Thence running N. 28° 53' 09" E. along the easterly bounds of The Town 25 of Hastings (712/141) a distance of 435.60 feet to a point; thence S. 26 61° 57' 15" E. a distance of 300.00 feet to a point; thence S. 28° 53' 27 09" W. a distance of 435.60 feet to the southerly bounds of Lot No. 29; 28 thence N. 61° 57' 15" W. a distance of 300.00 feet to the point and 29 place of beginning containing 3.0 acres of land, more or less. 30 Subject to any and all easements and restrictions of record and the 31 highway rights of the public and the Town of Hastings in and to the 32 portion of Wilson Road lying within the bounds of the above described 33 parcel. 34 § 4. In the event that the Town of Hastings received any funding 35 support or assistance from the federal government for the purchase, 36 maintenance or improvement of the parklands set forth in section three 37 of this act, the discontinuance and alienation of such parkland author- 38 ized by the provisions of this act shall not occur until the Town of 39 Hastings has complied with any federal requirements pertaining to the 40 alienation or conversion of parklands, including satisfying the secre- 41 tary of the interior that the alienation or conversion complies with all 42 conditions which the secretary of the interior deems necessary to assure 43 the substitution of other lands shall be equivalent in fair market value 44 and usefulness to the lands being alienated or converted. 45 § 5. This act shall take effect immediately. 46 PART GG 47 Section 1. Subdivisions 3 and 5 of section 97-g of the state finance 48 law, subdivision 3 as amended by section 62 of part HH of chapter 57 of 49 the laws of 2013 and subdivision 5 as amended by section 1 of subpart A 50 of part C of chapter 97 of the laws of 2011, are amended to read as 51 follows: 52 3. Moneys of the fund shall be available to the commissioner of gener- 53 al services for the purchase of food, supplies and equipment for state 54 agencies, and for the purpose of furnishing or providing centralizedS. 1505--C 34 A. 2005--C 1 services to or for state agencies; provided further that such moneys 2 shall be available to the commissioner of general services for purposes 3 pursuant to items (d) and (f) of subdivision four of this section to or 4 for political subdivisions, public authorities, and public benefit 5 corporations. Beginning the first day of April, two thousand two, moneys 6 in such fund shall also be transferred by the state comptroller to the 7 revenue bond tax fund account of the general debt service fund in 8 amounts equal to those required for payments to authorized issuers for 9 revenue bonds issued pursuant to article five-C and article five-F of 10 this chapter for the purpose of lease purchases and installment 11 purchases by or for state agencies and institutions for personal or real 12 property purposes. 13 5. The amount expended from such fund for the above-stated purposes 14 shall be charged against the agency [or], political [subdivisions] 15 subdivision, public authority or public benefit corporation above 16 receiving such food, supplies, equipment and services and all payments 17 received therefor shall be credited to such fund. 18 § 2. Section 3 of chapter 410 of the laws of 2009, amending the state 19 finance law relating to authorizing the aggregate purchases of energy 20 for state agencies, institutions, local governments, public authorities 21 and public benefit corporations, as amended by section 1 of part G of 22 chapter 55 of the laws of 2014, is amended to read as follows: 23 § 3. This act shall take effect immediately and shall expire and be 24 deemed repealed July 31, [2019] 2029. 25 § 3. Section 9 of subpart A of part C of chapter 97 of the laws of 26 2011, amending the state finance law and other laws relating to provid- 27 ing certain centralized service to political subdivisions and extending 28 the authority of the commissioner of general services to aggregate 29 purchases of energy for state agencies and political subdivisions, as 30 amended by section 2 of part G of chapter 55 of the laws of 2014, is 31 amended to read as follows: 32 § 9. This act shall take effect immediately, provided, however that: 33 1. sections [one,] four, five, six and seven of this act shall expire 34 and be deemed repealed July 31, [2019] 2024; 35 2. the amendments to subdivision 4 of section 97-g of the state 36 finance law made by section two of this act shall survive the expiration 37 and reversion of such subdivision as provided in section 3 of chapter 38 410 of the laws of 2009, as amended; 39 3. sections four, five, six and seven of this act shall apply to any 40 contract let or awarded on or after such effective date; 41 4. section one of this act shall expire and be deemed repealed July 42 31, 2029. 43 § 4. The office of general services shall submit to the governor, the 44 temporary president of the senate and the speaker of the assembly a 45 report on the office's aggregate electric procurement program on or 46 before January 1, 2029. The report shall include, but not be limited to, 47 agencies participating in the program, the addresses of those facilities 48 receiving the electricity and each facility's electric usage and cost 49 saving for each month of participation in the program as compared to the 50 electricity cost if purchased from the facility's local utility. 51 § 5. This act shall take effect immediately. 52 PART HHS. 1505--C 35 A. 2005--C 1 Section 1. Subdivision 2 of section 9 of the public buildings law, as 2 amended by section 2 of part M of chapter 55 of the laws of 2015, is 3 amended to read as follows: 4 2. Notwithstanding any other provision of this law or any general or 5 special law, where there is a construction emergency, as defined by 6 subdivision one of this section, the commissioner of general services 7 may, upon written notice of such construction emergency from an author- 8 ized officer of the department or agency having jurisdiction of the 9 property, let emergency contracts for public work or the purchase of 10 supplies, materials or equipment without complying with formal compet- 11 itive bidding requirements, provided that all such contracts shall be 12 subject to the approval of the attorney general and the comptroller and 13 that no such contract shall exceed [six] one million five hundred thou- 14 sand dollars. Such emergency contracts shall be let only for work 15 necessary to remedy or ameliorate a construction emergency. 16 § 2. Section 3 of chapter 674 of the laws of 1993, amending the public 17 buildings law relating to value limitations on contracts, as amended by 18 section 1 of part L of chapter 55 of the laws of 2017, is amended to 19 read as follows: 20 § 3. This act shall take effect immediately and shall remain in full 21 force and effect only until June 30, [2019] 2022. 22 § 3. This act shall take effect immediately. 23 PART II 24 Section 1. This Part enacts into law major components of legislation 25 that remove unnecessary barriers to reentry of people with criminal 26 histories into society. This Part removes mandatory bars on licensing 27 and employment for people with criminal convictions in the categories 28 enumerated therein and replace them with individualized review processes 29 using the factors set out in article 23-A of the correction law. This 30 Part removes mandatory drivers license suspension for non-driving drug 31 offenses. This Part prohibits disclosure of mugshots and arrest informa- 32 tion by amending the freedom of information law. This Part also amends 33 provisions of law to enact into law major components of legislation to 34 prevent the use in a civil context, of past arrest information that did 35 not result in a conviction because no disposition has been reported, or 36 the case has been adjourned in contemplation of dismissal, or because 37 arrest and arraignment charges were not followed by a corresponding 38 conviction on those charges. This information would still be able to be 39 seen and used by law enforcement and in criminal proceedings. Finally, 40 this Part establishes compassionate parole for incarcerated individuals 41 over the age of 55 who have incapacitating medical conditions exacerbat- 42 ed by age. Each component is wholly contained with a Subpart identified 43 as Subparts A through P. Any provision in any section contained within a 44 Subpart, including the effective date of the Subpart, which makes refer- 45 ence to a section "of this act", when used in connection with that 46 particular component, shall be deemed to mean and refer to the corre- 47 sponding section of the Subpart in which it is found. Section three of 48 this Part sets forth the general effective date of this Part. 49 SUBPART A 50 Section 1. Subdivision 6 of section 369 of the banking law, as amended 51 by chapter 164 of the laws of 2003, paragraph (b) as amended by sectionS. 1505--C 36 A. 2005--C 1 6 of part LL of chapter 56 of the laws of 2010, is amended to read as 2 follows: 3 6. The superintendent may, consistent with article twenty-three-A of 4 the correction law, refuse to issue a license pursuant to this article 5 if he shall find that the applicant, or any person who is a director, 6 officer, partner, agent, employee or substantial stockholder of the 7 applicant, (a) has been convicted of a crime in any jurisdiction or (b) 8 is associating or consorting with any person who has, or persons who 9 have, been convicted of a crime or crimes in any jurisdiction or juris- 10 dictions[; provided, however, that the superintendent shall not issue11such a license if he shall find that the applicant, or any person who is12a director, officer, partner, agent, employee or substantial stockholder13of the applicant, has been convicted of a felony in any jurisdiction or14of a crime which, if committed within this state, would constitute a15felony under the laws thereof]. For the purposes of this article, a 16 person shall be deemed to have been convicted of a crime if such person 17 shall have pleaded guilty to a charge thereof before a court or magis- 18 trate, or shall have been found guilty thereof by the decision or judg- 19 ment of a court or magistrate or by the verdict of a jury, irrespective 20 of the pronouncement of sentence or the suspension thereof[, unless such21plea of guilty, or such decision, judgment or verdict, shall have been22set aside, reversed or otherwise abrogated by lawful judicial process or23unless the person convicted of the crime shall have received a pardon24therefor from the president of the United States or the governor or25other pardoning authority in the jurisdiction where the conviction was26had, or shall have received a certificate of relief from disabilities or27a certificate of good conduct pursuant to article twenty-three of the28correction law to remove the disability under this article because of29such conviction]. The term "substantial stockholder," as used in this 30 subdivision, shall be deemed to refer to a person owning or controlling 31 ten per centum or more of the total outstanding stock of the corporation 32 in which such person is a stockholder. In making a determination pursu- 33 ant to this subdivision, the superintendent shall require fingerprinting 34 of the applicant. Such fingerprints shall be submitted to the division 35 of criminal justice services for a state criminal history record check, 36 as defined in subdivision one of section three thousand thirty-five of 37 the education law, and may be submitted to the federal bureau of inves- 38 tigation for a national criminal history record check. 39 § 2. This act shall take effect immediately. 40 SUBPART B 41 Section 1. Paragraph (f) of subdivision 7 of section 2590-b of the 42 education law, as added by chapter 345 of the laws of 2009, is amended 43 to read as follows: 44 (f) A person [who has been convicted of a felony, or has been removed45from a city-wide council established pursuant to this section or commu-46nity district education council for any of the following shall] may be 47 permanently ineligible for appointment to a city-wide council for any of 48 the following: 49 (i) an act of malfeasance directly related to his or her service on 50 such city-wide council or community district education council; or 51 (ii) conviction of a crime, [if such crime is directly related to his52or her service upon such city-wide council or community district educa-53tion council] provided that any such conviction shall be considered in 54 accordance with article twenty-three-A of the correction law.S. 1505--C 37 A. 2005--C 1 § 2. Subdivision 5 of section 2590-c of the education law, as amended 2 by chapter 345 of the laws of 2009, is amended to read as follows: 3 5. No person may serve on more than one community council or on the 4 city-wide council on special education, the city-wide council on English 5 language learners, or the city-wide council on high schools and a commu- 6 nity council. A member of a community council shall be ineligible to be 7 employed by the community council of which he or she is a member, any 8 other community council, the city-wide council on special education, the 9 city-wide council on English language learners, the city-wide council on 10 high schools, or the city board. No person shall be eligible for member- 11 ship on a community council if he or she holds any elective public 12 office or any elective or appointed party position except that of dele- 13 gate or alternate delegate to a national, state, judicial or other party 14 convention, or member of a county committee. 15 A person [who has been convicted of a felony, or has been removed from16a community school board, community district education council, or the17city-wide council on special education, the city-wide council on English18language learners, or the city-wide council on high schools for any of19the following shall] may be permanently ineligible for appointment to 20 any community district education council for any of the following: (a) 21 an act of malfeasance directly related to his or her service on the 22 city-wide council on special education, the city-wide council on English 23 language learners, the city-wide council on high schools, community 24 school board or community district education council; or (b) conviction 25 of a crime, [if such crime is directly related to his or her service26upon the city-wide council on special education, the city-wide council27on English language learners, the city-wide council on high schools,28community school board or community district education council] provided 29 that any such conviction shall be considered in accordance with article 30 twenty-three-A of the correction law. 31 Any decision rendered by the chancellor or the city board with respect 32 to the eligibility or qualifications of the nominees for community 33 district education councils must be written and made available for 34 public inspection within seven days of its issuance at the office of the 35 chancellor and the city board. Such written decision shall include the 36 factual and legal basis for its issuance and a record of the vote of 37 each board member who participated in the decision, if applicable. 38 § 3. This act shall take effect immediately, provided that the amend- 39 ments to subdivision 7 of section 2590-b of the education law made by 40 section one of this act shall not affect the repeal of such subdivision 41 and shall be deemed repealed therewith; provided, further, that the 42 amendments to subdivision 5 of section 2590-c of the education law made 43 by section two of this act shall not affect the repeal of such subdivi- 44 sion and shall be deemed to repeal therewith. 45 SUBPART C 46 Section 1. Clauses 1 and 5 of paragraph (c) of subdivision 2 of 47 section 435 of the executive law, clause 1 as amended by chapter 371 of 48 the laws of 1974 and clause 5 as amended by 437 of the laws of 1962, are 49 amended to read as follows: 50 (1) a person convicted of a crime [who has not received a pardon, a51certificate of good conduct or a certificate of relief from disabili-52ties] if there is a direct relationship between one or more of the 53 previous criminal offenses and the integrity and safety of bingo,S. 1505--C 38 A. 2005--C 1 considering the factors set forth in article twenty-three-A of the 2 correction law; 3 (5) a firm or corporation in which a person defined in [subdivision] 4 clause (1), (2), (3) or (4) [above] of this paragraph, or a person 5 married or related in the first degree to such a person, has greater 6 than a ten [per centum] percent proprietary, equitable or credit inter- 7 est or in which such a person is active or employed. 8 § 2. This act shall take effect immediately. 9 SUBPART D 10 Section 1. Subdivision 1 of section 130 of the executive law, as 11 amended by section 1 of part LL of chapter 56 of the laws of 2010, para- 12 graph (g) as separately amended by chapter 232 of the laws 2010, is 13 amended to read as follows: 14 1. The secretary of state may appoint and commission as many notaries 15 public for the state of New York as in his or her judgment may be deemed 16 best, whose jurisdiction shall be co-extensive with the boundaries of 17 the state. The appointment of a notary public shall be for a term of 18 four years. An application for an appointment as notary public shall be 19 in form and set forth such matters as the secretary of state shall 20 prescribe. Every person appointed as notary public must, at the time of 21 his or her appointment, be a citizen of the United States and either a 22 resident of the state of New York or have an office or place of business 23 in New York state. A notary public who is a resident of the state and 24 who moves out of the state but still maintains a place of business or an 25 office in New York state does not vacate his or her office as a notary 26 public. A notary public who is a nonresident and who ceases to have an 27 office or place of business in this state, vacates his or her office as 28 a notary public. A notary public who is a resident of New York state and 29 moves out of the state and who does not retain an office or place of 30 business in this state shall vacate his or her office as a notary 31 public. A non-resident who accepts the office of notary public in this 32 state thereby appoints the secretary of state as the person upon whom 33 process can be served on his or her behalf. Before issuing to any appli- 34 cant a commission as notary public, unless he or she be an attorney and 35 counsellor at law duly admitted to practice in this state or a court 36 clerk of the unified court system who has been appointed to such posi- 37 tion after taking a civil service promotional examination in the court 38 clerk series of titles, the secretary of state shall satisfy himself or 39 herself that the applicant is of good moral character, has the equiv- 40 alent of a common school education and is familiar with the duties and 41 responsibilities of a notary public; provided, however, that where a 42 notary public applies, before the expiration of his or her term, for 43 reappointment with the county clerk or where a person whose term as 44 notary public shall have expired applies within six months thereafter 45 for reappointment as a notary public with the county clerk, such quali- 46 fying requirements may be waived by the secretary of state, and further, 47 where an application for reappointment is filed with the county clerk 48 after the expiration of the aforementioned renewal period by a person 49 who failed or was unable to re-apply by reason of his or her induction 50 or enlistment in the armed forces of the United States, such qualifying 51 requirements may also be waived by the secretary of state, provided such 52 application for reappointment is made within a period of one year after 53 the military discharge of the applicant under conditions other than 54 dishonorable. In any case, the appointment or reappointment of anyS. 1505--C 39 A. 2005--C 1 applicant is in the discretion of the secretary of state. The secretary 2 of state may suspend or remove from office, for misconduct, any notary 3 public appointed by him or her but no such removal shall be made unless 4 the person who is sought to be removed shall have been served with a 5 copy of the charges against him or her and have an opportunity of being 6 heard. No person shall be appointed as a notary public under this arti- 7 cle who has been convicted, in this state or any other state or territo- 8 ry, of a [felony or any of the following offenses, to wit:9(a) Illegally using, carrying or possessing a pistol or other danger-10ous weapon; (b) making or possessing burglar's instruments; (c) buying11or receiving or criminally possessing stolen property; (d) unlawful12entry of a building; (e) aiding escape from prison; (f) unlawfully13possessing or distributing habit forming narcotic drugs; (g) violating14sections two hundred seventy, two hundred seventy-a, two hundred seven-15ty-b, two hundred seventy-c, two hundred seventy-one, two hundred seven-16ty-five, two hundred seventy-six, five hundred fifty, five hundred17fifty-one, five hundred fifty-one-a and subdivisions six, ten or eleven18of section seven hundred twenty-two of the former penal law as in force19and effect immediately prior to September first, nineteen hundred20sixty-seven, or violating sections 165.25, 165.30 or subdivision one of21section 240.30 of the penal law, or violating sections four hundred22seventy-eight, four hundred seventy-nine, four hundred eighty, four23hundred eighty-one, four hundred eighty-four, four hundred eighty-nine24and four hundred ninety-one of the judiciary law; or (h) vagrancy or25prostitution, and who has not subsequent to such conviction received an26executive pardon therefor or a certificate of relief from disabilities27or a certificate of good conduct pursuant to article twenty-three of the28correction law to remove the disability under this section because of29such conviction] crime, unless the secretary makes a finding in conform- 30 ance with all applicable statutory requirements, including those 31 contained in article twenty-three-A of the correction law, that such 32 convictions do not constitute a bar to appointment. 33 § 2. This act shall take effect immediately. 34 SUBPART E 35 Section 1. Paragraphs 1 and 5 of subdivision (a) of section 189-a of 36 the general municipal law, as added by chapter 574 of the laws of 1978, 37 are amended to read as follows: 38 (1) a person convicted of a crime [who has not received a pardon, a39certificate of good conduct or a certificate of relief from disabili-40ties] if there is a direct relationship between one or more of the 41 previous criminal offenses and the integrity or safety of charitable 42 gaming, considering the factors set forth in article twenty-three-A of 43 the correction law; 44 (5) a firm or corporation in which a person defined in [subdivision] 45 paragraph (1), (2), (3) or (4) [above] of this subdivision has greater 46 than a ten [per centum] percent proprietary, equitable or credit inter- 47 est or in which such a person is active or employed. 48 § 2. Paragraph (a) of subdivision 1 of section 191 of the general 49 municipal law, as amended by section 15 of part LL of chapter 56 of the 50 laws of 2010, is amended to read as follows: 51 (a) Issuance of licenses to conduct games of chance. If such clerk or 52 department [shall determine] determines: 53 (i) that the applicant is duly qualified to be licensed to conduct 54 games of chance under this article;S. 1505--C 40 A. 2005--C 1 (ii) that the member or members of the applicant designated in the 2 application to manage games of chance are bona fide active members of 3 the applicant and are persons of good moral character and have never 4 been convicted of a crime[, or,] if [convicted, have received a pardon,5a certificate of good conduct or a certificate of relief from disabili-6ties pursuant to article twenty-three of the correction law] there is a 7 direct relationship between one or more of the previous criminal 8 offenses and the integrity or safety of charitable gaming, considering 9 the factors set forth in article twenty-three-A of the correction law; 10 (iii) that such games are to be conducted in accordance with the 11 provisions of this article and in accordance with the rules and regu- 12 lations of the [board] gaming commission and applicable local laws or 13 ordinances and that the proceeds thereof are to be disposed of as 14 provided by this article[,]; and 15 [if such clerk or department is satisfied] (iv) that no commission, 16 salary, compensation, reward or recompense whatever will be paid or 17 given to any person managing, operating or assisting therein except as 18 in this article otherwise provided; [it] then such clerk or department 19 shall issue a license to the applicant for the conduct of games of 20 chance upon payment of a license fee of twenty-five dollars for each 21 license period. 22 § 3. Subdivision 9 of section 476 of the general municipal law, as 23 amended by chapter 1057 of the laws of 1965, paragraph (a) as amended by 24 section 16 of part LL of chapter 56 of the laws of 2010, is amended to 25 read as follows: 26 9. "Authorized commercial lessor" shall mean a person, firm or corpo- 27 ration other than a licensee to conduct bingo under the provisions of 28 this article, who or which [shall own] owns or [be] is a net lessee of 29 premises and offer the same for leasing by him, her or it to an author- 30 ized organization for any consideration whatsoever, direct or indirect, 31 for the purpose of conducting bingo therein, provided that he, she or 32 it, as the case may be, shall not be 33 (a) a person convicted of a crime [who has not received a pardon or a34certificate of good conduct or a certificate of relief from disabilities35pursuant to] if there is a direct relationship between one or more of 36 the previous criminal offenses and the integrity or safety of bingo, 37 considering the factors set forth in article [twenty-three] 38 twenty-three-A of the correction law; 39 (b) a person who is or has been a professional gambler or gambling 40 promoter or who for other reasons is not of good moral character; 41 (c) a public officer who receives any consideration, direct or indi- 42 rect, as owner or lessor of premises offered for the purpose of conduct- 43 ing bingo therein; 44 (d) a firm or corporation in which a person defined in [subdivision] 45 paragraph (a), (b) or (c) [above] of this subdivision or a person 46 married or related in the first degree to such a person has greater than 47 a ten [percentum (10%)] percent proprietary, equitable or credit inter- 48 est or in which such a person is active or employed. 49 Nothing contained in this subdivision shall be construed to bar any 50 firm or corporation [which] that is not organized for pecuniary profit 51 and no part of the net earnings of which inure to the benefit of any 52 individual, member, or shareholder, from being an authorized commercial 53 lessor solely because a public officer, or a person married or related 54 in the first degree to a public officer, is a member of, active in or 55 employed by such firm or corporation.S. 1505--C 41 A. 2005--C 1 § 4. Paragraph (a) of subdivision 1 of section 481 of the general 2 municipal law, as amended by section 5 of part MM of chapter 59 of the 3 laws of 2017, is amended to read as follows: 4 (a) Issuance of licenses to conduct bingo. If the governing body of 5 the municipality determines: 6 (i) that the applicant is duly qualified to be licensed to conduct 7 bingo under this article; 8 (ii) that the member or members of the applicant designated in the 9 application to conduct bingo are bona fide active members or auxiliary 10 members of the applicant and are persons of good moral character and 11 have never been convicted of a crime [or, if convicted, have received a12pardon or a certificate of good conduct or a certificate of relief from13disabilities pursuant to article twenty-three] if there is a direct 14 relationship between one or more of the previous criminal offenses and 15 the integrity or safety of bingo, considering the factors set forth in 16 article twenty-three-A of the correction law; 17 (iii) that such games of bingo are to be conducted in accordance with 18 the provisions of this article and in accordance with the rules and 19 regulations of the commission[, and]; 20 (iv) that the proceeds thereof are to be disposed of as provided by 21 this article[, and if the governing body is satisfied]; 22 (v) that no commission, salary, compensation, reward or recompense 23 [what so ever] whatsoever will be paid or given to any person holding, 24 operating or conducting or assisting in the holding, operation and 25 conduct of any such games of bingo except as in this article otherwise 26 provided; and 27 (vi) that no prize will be offered and given in excess of the sum or 28 value of five thousand dollars in any single game of bingo and that the 29 aggregate of all prizes offered and given in all of such games of bingo 30 conducted on a single occasion[,] under said license shall not exceed 31 the sum or value of fifteen thousand dollars, then the municipality 32 shall issue a license to the applicant for the conduct of bingo upon 33 payment of a license fee of eighteen dollars and seventy-five cents for 34 each bingo occasion[; provided, however, that]. 35 Notwithstanding anything to the contrary in this paragraph, the 36 governing body shall refuse to issue a license to an applicant seeking 37 to conduct bingo in premises of a licensed commercial lessor where such 38 governing body determines that the premises presently owned or occupied 39 by such applicant are in every respect adequate and suitable for 40 conducting bingo games. 41 § 5. This act shall take effect immediately. 42 SUBPART F 43 Section 1. Paragraphs 3 and 4 of subsection (d) of section 2108 of the 44 insurance law are REPEALED, and paragraph 5 is renumbered paragraph 3. 45 § 2. This act shall take effect immediately. 46 SUBPART G 47 Section 1. Section 440-a of the real property law, as amended by chap- 48 ter 81 of the laws of 1995, the first undesignated paragraph as amended 49 by section 23 of part LL of chapter 56 of the laws of 2010, is amended 50 to read as follows: 51 § 440-a. License required for real estate brokers and salesmen. No 52 person, co-partnership, limited liability company or corporation shallS. 1505--C 42 A. 2005--C 1 engage in or follow the business or occupation of, or hold himself or 2 itself out or act temporarily or otherwise as a real estate broker or 3 real estate salesman in this state without first procuring a license 4 therefor as provided in this article. No person shall be entitled to a 5 license as a real estate broker under this article, either as an indi- 6 vidual or as a member of a co-partnership, or as a member or manager of 7 a limited liability company or as an officer of a corporation, unless he 8 or she is twenty years of age or over, a citizen of the United States or 9 an alien lawfully admitted for permanent residence in the United States. 10 No person shall be entitled to a license as a real estate salesman under 11 this article unless he or she is over the age of eighteen years. No 12 person shall be entitled to a license as a real estate broker or real 13 estate salesman under this article who has been convicted in this state 14 or elsewhere of a [felony, of a sex offense, as defined in subdivision15two of section one hundred sixty-eight-a of the correction law or any16offense committed outside of this state which would constitute a sex17offense, or a sexually violent offense, as defined in subdivision three18of section one hundred sixty-eight-a of the correction law or any19offense committed outside this state which would constitute a sexually20violent offense, and who has not subsequent to such conviction received21executive pardon therefor or a certificate of relief from disabilities22or a certificate of good conduct pursuant to article twenty-three of the23correction law, to remove the disability under this section because of24such conviction] crime, unless the secretary makes a finding in conform- 25 ance with all applicable statutory requirements, including those 26 contained in article twenty-three-A of the correction law, that such 27 convictions do not constitute a bar to licensure. No person shall be 28 entitled to a license as a real estate broker or real estate salesman 29 under this article who does not meet the requirements of section 3-503 30 of the general obligations law. 31 Notwithstanding [the above] anything to the contrary in this section, 32 tenant associations[,] and not-for-profit corporations authorized in 33 writing by the commissioner of the department of the city of New York 34 charged with enforcement of the housing maintenance code of such city to 35 manage residential property owned by such city or appointed by a court 36 of competent jurisdiction to manage residential property owned by such 37 city shall be exempt from the licensing provisions of this section with 38 respect to the properties so managed. 39 § 2. This act shall take effect immediately. 40 SUBPART H 41 Section 1. Subdivision 5 of section 336-f of the social services law, 42 as added by section 148 of part B of chapter 436 of the laws of 1997, is 43 amended to read as follows: 44 5. The social services district shall require every private or not- 45 for-profit employer that intends to hire one or more work activity 46 participants to certify to the district [that] whether such employer has 47 [not], in the past five years, been convicted of a felony or a misdemea- 48 nor the underlying basis of which involved workplace safety and health 49 or labor standards. Such employer shall also certify as to all 50 violations issued by the department of labor within the past five years. 51 The social services official in the district in which the participant is 52 placed shall determine whether there is a pattern of convictions or 53 violations sufficient to render the potential employer ineligible.S. 1505--C 43 A. 2005--C 1 Employers who submit false information under this section shall be 2 subject to criminal prosecution for filing a false instrument. 3 § 2. This act shall take effect immediately. 4 SUBPART I 5 Section 1. Subdivision 9 of section 394 of the vehicle and traffic 6 law, as separately renumbered by chapters 300 and 464 of the laws of 7 1960, is amended to read as follows: 8 9. Employees. [No licensee shall knowingly employ, in connection with9a driving school in any capacity whatsoever, any person who has been10convicted of a felony, or of any crime involving violence, dishonesty,11deceit, indecency, degeneracy or moral turpitude] A licensee may employ, 12 in connection with a driving school a person who has been convicted of a 13 crime, in accordance with article twenty-three-A of the correction law. 14 § 2. This act shall take effect immediately. 15 SUBPART J 16 Section 1. Subparagraphs (v), (vi) and (vii) of paragraph b of subdi- 17 vision 2 of section 510 of the vehicle and traffic law are REPEALED. 18 § 2. Paragraphs i and j of subdivision 6 of section 510 of the vehicle 19 and traffic law are REPEALED. 20 § 3. Subdivision 2 of section 701 of the correction law, as amended by 21 chapter 235 of the laws of 2007, is amended to read as follows: 22 2. Notwithstanding any other provision of law, except subdivision five 23 of section twenty-eight hundred six of the public health law or para- 24 graph (b) of subdivision two of section eleven hundred ninety-three of 25 the vehicle and traffic law, a conviction of a crime or of an offense 26 specified in a certificate of relief from disabilities shall not cause 27 automatic forfeiture of any license, other than a license issued pursu- 28 ant to section 400.00 of the penal law to a person convicted of a class 29 A-I felony or a violent felony offense, as defined in subdivision one of 30 section 70.02 of the penal law, permit, employment, or franchise, 31 including the right to register for or vote at an election, or automatic 32 forfeiture of any other right or privilege, held by the eligible offen- 33 der and covered by the certificate. Nor shall such conviction be deemed 34 to be a conviction within the meaning of any provision of law that 35 imposes, by reason of a conviction, a bar to any employment, a disabili- 36 ty to exercise any right, or a disability to apply for or to receive any 37 license, permit, or other authority or privilege covered by the certif- 38 icate; provided, however, that a conviction for a second or subsequent 39 violation of any subdivision of section eleven hundred ninety-two of the 40 vehicle and traffic law committed within the preceding ten years shall 41 impose a disability to apply for or receive an operator's license during 42 the period provided in such law; and provided further, however, that a 43 conviction for a class A-I felony or a violent felony offense, as 44 defined in subdivision one of section 70.02 of the penal law, shall 45 impose a disability to apply for or receive a license or permit issued 46 pursuant to section 400.00 of the penal law. [A certificate of relief47from a disability imposed pursuant to subparagraph (v) of paragraph b of48subdivision two and paragraphs i and j of subdivision six of section49five hundred ten of the vehicle and traffic law may only be issued upon50a determination that compelling circumstances warrant such relief.] 51 § 4. This act shall take effect immediately.S. 1505--C 44 A. 2005--C 1 SUBPART K 2 Section 1. Legislative findings. The legislature finds that law 3 enforcement booking information and photographs, otherwise known as 4 "mugshots," are published on the internet and other public platforms 5 with impunity. An individual's mugshot is displayed publicly even if the 6 arrest does not lead to a conviction, or the conviction is later 7 expunged, sealed, or pardoned. This practice presents an unacceptable 8 invasion of the individual's personal privacy. While there is a well-es- 9 tablished Constitutional right for the press and the public to publish 10 government records which are in the public domain or that have been 11 lawfully accessed, arrest and booking information have not been found by 12 courts to have the same public right of access as criminal court 13 proceedings or court filings. Therefore, each state can set access to 14 this information through its Freedom of Information laws. The federal 15 government has already limited access to booking photographs through 16 privacy formulations in its Freedom of Information Act, and the legisla- 17 ture hereby declares that New York will follow the same principle to 18 protect its residents from this unwarranted invasion of personal priva- 19 cy, absent a specific law enforcement purpose, such as disclosure of a 20 photograph to alert victims or witnesses to come forward to aid in a 21 criminal investigation. 22 § 2. Paragraph (b) of subdivision 2 of section 89 of the public offi- 23 cers law, as amended by section 11 of part U of chapter 61 of the laws 24 of 2011, is amended to read as follows: 25 (b) An unwarranted invasion of personal privacy includes, but shall 26 not be limited to: 27 i. disclosure of employment, medical or credit histories or personal 28 references of applicants for employment; 29 ii. disclosure of items involving the medical or personal records of a 30 client or patient in a medical facility; 31 iii. sale or release of lists of names and addresses if such lists 32 would be used for solicitation or fund-raising purposes; 33 iv. disclosure of information of a personal nature when disclosure 34 would result in economic or personal hardship to the subject party and 35 such information is not relevant to the work of the agency requesting or 36 maintaining it; 37 v. disclosure of information of a personal nature reported in confi- 38 dence to an agency and not relevant to the ordinary work of such agency; 39 vi. information of a personal nature contained in a workers' compen- 40 sation record, except as provided by section one hundred ten-a of the 41 workers' compensation law; [or] 42 vii. disclosure of electronic contact information, such as an e-mail 43 address or a social network username, that has been collected from a 44 taxpayer under section one hundred four of the real property tax law; or 45 viii. disclosure of law enforcement booking information about an indi- 46 vidual, including booking photographs, unless public release of such 47 information will serve a specific law enforcement purpose and disclosure 48 is not precluded by any state or federal laws. 49 § 3. This act shall take effect immediately. 50 SUBPART L 51 Section 1. The executive law is amended by adding a new section 845-c 52 to read as follows:S. 1505--C 45 A. 2005--C 1 § 845-c. Criminal history record searches; undisposed cases. 1. When, 2 pursuant to statute or the regulations of the division, the division 3 conducts a search of its criminal history records and returns a report 4 thereon, all references to undisposed cases contained in such criminal 5 history record shall be excluded from such report. 6 2. For purposes of this section, "undisposed case" shall mean a crimi- 7 nal action or proceeding identified in the division's criminal history 8 record repository, for which there is no record of an unexecuted warrant 9 of arrest, superior court warrant of arrest, or bench warrant, and for 10 which no record of conviction or imposition of sentence or other final 11 disposition, other than the issuance of an apparently unexecuted 12 warrant, has been recorded and with respect to which no entry has been 13 made in the division's criminal history records for a period of at least 14 five years preceding the issuance of such report. When a criminal action 15 in the division's criminal history record repository becomes an undis- 16 posed case pursuant to this section, and the action involves class A 17 charges, charges under article one hundred twenty-five of the penal law, 18 or felony charges under article one hundred thirty of the penal law, the 19 division shall notify the district attorney in the county which has 20 jurisdiction. If the district attorney notifies the division that such 21 case is pending and should not meet the definition of an undisposed 22 case, the case shall not be excluded from such report. If the division 23 does not receive a response from the district attorney within six months 24 of providing notice, the case shall be excluded from such report. 25 3. The provisions of subdivision one of this section shall not apply 26 to criminal history record information: (a) provided by the division to 27 qualified agencies pursuant to subdivision six of section eight hundred 28 thirty-seven of this article, or to federal or state law enforcement 29 agencies, for criminal justice purposes; (b) prepared solely for a bona 30 fide research purpose; or (c) prepared for the internal record keeping 31 or case management purposes of the division. 32 § 2. Subdivision 2 of section 212 of the judiciary law is amended by 33 adding a new paragraph (x) to read as follows: 34 (x) Take such actions and adopt such measures as may be necessary to 35 ensure that no written or electronic report of a criminal history record 36 search conducted by the office of court administration, other than a 37 search conducted solely for the internal recordkeeping or case manage- 38 ment purposes of the judiciary or for a bona fide research purpose, 39 contains information relating to an undisposed case. For purposes of 40 this paragraph, "undisposed case" shall mean a criminal action or 41 proceeding, or an arrest incident, appearing in the criminal history 42 records of the office of court administration for which no conviction, 43 imposition of sentence, order of removal or other final disposition, 44 other than the issuance of an apparently unexecuted warrant, has been 45 recorded and with respect to which no entry has been made in such 46 records for a period of at least five years preceding the issuance of 47 such report. Nothing contained in this paragraph shall be deemed to 48 permit or require the release, disclosure or other dissemination by the 49 office of court administration of criminal history record information 50 that has been sealed in accordance with law. 51 § 3. This act shall take effect on the three hundred sixty-fifth day 52 after it shall have become a law and shall apply to searches of criminal 53 history records conducted on or after such date. Prior to such effective 54 date, the division of criminal justice services, in consultation with 55 the state administrator of the unified court system as well as any other 56 public or private agency, shall undertake such measures as may be neces-S. 1505--C 46 A. 2005--C 1 sary and appropriate to update its criminal history records with respect 2 to criminal cases and arrest incidents for which no final disposition 3 has been reported. 4 SUBPART M 5 Section 1. The commissioner of the division of criminal justice 6 services shall direct that records of any action or proceeding termi- 7 nated in favor of the accused, as defined by section 160.50 of the crim- 8 inal procedure law, before November 1, 1991 maintained by the division 9 of criminal justice services be sealed in the manner provided for by 10 section 160.50 of the criminal procedure law. 11 § 2. The commissioner of the division of criminal justice services 12 shall direct that records of any action or proceeding terminated by a 13 conviction for a traffic infraction or a violation, other than a 14 violation of loitering as described in paragraph (d) of subdivision 1 of 15 section 160.10 of the criminal procedure law or the violation of operat- 16 ing a motor vehicle while ability impaired as described in subdivision 1 17 of section 1192 of the vehicle and traffic law before November 1, 1991 18 maintained by the division of criminal justice services be sealed in the 19 manner provided for by section 160.55 of the criminal procedure law. 20 § 3. Subdivision 2 of section 212 of the judiciary law is amended by 21 adding a new paragraph (y) to read as follows: 22 (y) Take such actions and adopt such measures as may be necessary to 23 ensure that no written or electronic report of a criminal history record 24 search conducted by the office of court administration, other than a 25 search conducted solely for the internal recordkeeping or case manage- 26 ment purposes of the judiciary or for a bona fide research purpose, 27 contains information about any action or proceeding terminated prior to 28 November first, nineteen ninety-one in favor of the accused, as defined 29 by section 160.50 of the criminal procedure law, or sealed in the manner 30 provided by section 160.55 of the criminal procedure law. 31 § 4. This act shall take effect on the one hundred eightieth day after 32 it shall have become a law; provided, however, section one of this act 33 shall be deemed to have been in full force and effect on the same date 34 as chapter 877 of the laws of 1976 took effect; provided, further, 35 however, section two of this act shall be deemed to have been in full 36 force and effect on the same date as chapter 182 of the laws of 1980 37 took effect. 38 SUBPART N 39 Section 1. The executive law is amended by adding a new section 845-d 40 to read as follows: 41 § 845-d. Criminal record searches: reports for civil purposes. 1. 42 When, pursuant to statute or the regulations of this division, the divi- 43 sion conducts a search of its criminal history records for civil 44 purposes, and returns a report therein, it shall only report any crimi- 45 nal convictions, and any criminal arrests and accompanying criminal 46 actions which are pending. 47 2. The provisions of subdivision one of this section shall not apply 48 to criminal history records: (a) provided by the division to qualified 49 agencies as defined in subdivision nine of section eight hundred thir- 50 ty-five of this article; (b) provided to federal or state law enforce- 51 ment agencies; (c) prepared solely for a bona fide research purpose; orS. 1505--C 47 A. 2005--C 1 (d) prepared for the internal record keeping or case management purposes 2 of the division. 3 3. Nothing in this section shall authorize the division to provide 4 criminal history information that is not otherwise authorized by law or 5 that is sealed pursuant to section 160.50, 160.55, 160.58 or 160.59 of 6 the criminal procedure law. 7 § 2. Subdivision 2 of section 212 of the judiciary law is amended by 8 adding a new paragraph (z) to read as follows: 9 (z) take such actions and adopt such measures as may be necessary to 10 ensure that a certificate of disposition or a written or electronic 11 report of a criminal history search conducted for the public by the 12 office of court administration contains only records of convictions, if 13 any, and information about pending cases. This limitation shall not 14 apply to searches conducted for the internal recordkeeping or case 15 management purposes of the judiciary, or produced to the court, the 16 people, and defense counsel in a criminal proceeding, or for a bona fide 17 research purpose, or, where appropriate, to the defendant or defendant's 18 designated agent. 19 § 3. This act shall take effect on the three hundred sixty-fifth day 20 after it shall have become a law. 21 SUBPART O 22 Section 1. This Subpart amends the human rights law to specify that 23 considering arrests that are followed by an order adjourning the crimi- 24 nal action in contemplation of dismissal, which adjournments are not 25 convictions or admissions of guilt under section 170.55 of the criminal 26 procedure law, is an unlawful discriminatory practice for civil 27 purposes. This Subpart amends the human rights law to clarify as well 28 that adjourning the criminal action in contemplation of dismissal is not 29 a pending arrest for purposes of this Subpart, unless the case has been 30 restored to the calendar. This Subpart also amends the same section of 31 the law to add housing and volunteer positions to employment and licens- 32 ing to the civil purposes for which past arrest information that did not 33 result in a conviction or violation can be used. 34 § 2. Subdivision 16 of section 296 of the executive law, as amended by 35 section 48-a of part WWW of chapter 59 of the laws of 2017, is amended 36 to read as follows: 37 16. It shall be an unlawful discriminatory practice, unless specif- 38 ically required or permitted by statute, for any person, agency, bureau, 39 corporation or association, including the state and any political subdi- 40 vision thereof, to make any inquiry about, whether in any form of appli- 41 cation or otherwise, or to act upon adversely to the individual 42 involved, any arrest or criminal accusation of such individual not then 43 pending against that individual which was followed by a termination of 44 that criminal action or proceeding in favor of such individual, as 45 defined in subdivision two of section 160.50 of the criminal procedure 46 law, or by an order adjourning the criminal action in contemplation of 47 dismissal, pursuant to section 170.55, 170.56, 210.46, 210.47, or 215.10 48 of the criminal procedure law, or by a youthful offender adjudication, 49 as defined in subdivision one of section 720.35 of the criminal proce- 50 dure law, or by a conviction for a violation sealed pursuant to section 51 160.55 of the criminal procedure law or by a conviction which is sealed 52 pursuant to section 160.59 or 160.58 of the criminal procedure law, in 53 connection with the licensing, housing, employment, including volunteer 54 positions, or providing of credit or insurance to such individual;S. 1505--C 48 A. 2005--C 1 provided, further, that no person shall be required to divulge informa- 2 tion pertaining to any arrest or criminal accusation of such individual 3 not then pending against that individual which was followed by a termi- 4 nation of that criminal action or proceeding in favor of such individ- 5 ual, as defined in subdivision two of section 160.50 of the criminal 6 procedure law, or by an order adjourning the criminal action in contem- 7 plation of dismissal, pursuant to section 170.55 or 170.56, 210.46, 8 210.47 or 215.10 of the criminal procedure law, or by a youthful offen- 9 der adjudication, as defined in subdivision one of section 720.35 of the 10 criminal procedure law, or by a conviction for a violation sealed pursu- 11 ant to section 160.55 of the criminal procedure law, or by a conviction 12 which is sealed pursuant to section 160.58 or 160.59 of the criminal 13 procedure law. An individual required or requested to provide informa- 14 tion in violation of this subdivision may respond as if the arrest, 15 criminal accusation, or disposition of such arrest or criminal accusa- 16 tion did not occur. The provisions of this subdivision shall not apply 17 to the licensing activities of governmental bodies in relation to the 18 regulation of guns, firearms and other deadly weapons or in relation to 19 an application for employment as a police officer or peace officer as 20 those terms are defined in subdivisions thirty-three and thirty-four of 21 section 1.20 of the criminal procedure law; provided further that the 22 provisions of this subdivision shall not apply to an application for 23 employment or membership in any law enforcement agency with respect to 24 any arrest or criminal accusation which was followed by a youthful 25 offender adjudication, as defined in subdivision one of section 720.35 26 of the criminal procedure law, or by a conviction for a violation sealed 27 pursuant to section 160.55 of the criminal procedure law, or by a 28 conviction which is sealed pursuant to section 160.58 or 160.59 of the 29 criminal procedure law. For purposes of this subdivision, an action 30 which has been adjourned in contemplation of dismissal, pursuant to 31 section 170.55 or 170.56, 210.46, 210.47 or 215.10 of the criminal 32 procedure law, shall not be considered a pending action, unless the 33 order to adjourn in contemplation of dismissal is revoked and the case 34 is restored to the calendar for further prosecution. 35 § 3. This act shall take effect on the ninetieth day after it shall 36 have become a law. 37 SUBPART P 38 Intentionally omitted 39 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 40 sion, section or part of this act shall be adjudged by any court of 41 competent jurisdiction to be invalid, such judgment shall not affect, 42 impair, or invalidate the remainder thereof, but shall be confined in 43 its operation to the clause, sentence, paragraph, subdivision, section 44 or part thereof directly involved in the controversy in which such judg- 45 ment shall have been rendered. It is hereby declared to be the intent of 46 the legislature that this act would have been enacted even if such 47 invalid provisions had not been included herein. 48 § 3. This act shall take effect immediately provided, however, that 49 the applicable effective date of Subparts A through P of this act shall 50 be as specifically set forth in the last section of such Subparts. 51 PART JJS. 1505--C 49 A. 2005--C 1 Intentionally Omitted 2 PART KK 3 Section 1. Section 60.05 of the penal law is amended by adding a new 4 subdivision 8 to read as follows: 5 8. Shock incarceration participation. (a) When the court imposes a 6 determinate sentence of imprisonment pursuant to subdivision three of 7 section 70.02 of this chapter or subdivision six of section 70.06 of 8 this chapter upon a person who stands convicted either of burglary in 9 the second degree as defined in subdivision two of section 140.25 of 10 this chapter or robbery in the second degree as defined in subdivision 11 one of section 160.10 of this chapter, or an attempt thereof, upon 12 motion of the defendant, the court may issue an order directing that the 13 department of corrections and community supervision enroll the defendant 14 in the shock incarceration program as defined in article twenty-six-A of 15 the correction law, provided that the defendant is an eligible inmate, 16 as described in subdivision one of section eight hundred sixty-five of 17 the correction law. Notwithstanding the foregoing provisions of this 18 subdivision, any defendant to be enrolled in such program pursuant to 19 this subdivision shall be governed by the same rules and regulations 20 promulgated by the department of corrections and community supervision, 21 including without limitation those rules and regulations establishing 22 requirements for completion and such rules and regulations governing 23 discipline and removal from the program. 24 (b) Paragraph (b) of subdivision seven of section 60.04 of this arti- 25 cle shall apply in the event an inmate designated by court order for 26 enrollment in the shock incarceration program requires a degree of 27 medical care or mental health care that cannot be provided at a shock 28 incarceration facility. 29 § 2. Subdivision 1 of section 865 of the correction law, as amended by 30 chapter 377 of the laws of 2010, is amended to read as follows: 31 1. "Eligible inmate" means a person sentenced to an indeterminate term 32 of imprisonment who will become eligible for release on parole within 33 three years or sentenced to a determinate term of imprisonment who will 34 become eligible for conditional release within three years, who has not 35 reached the age of fifty years, who has not previously been convicted of 36 a violent felony as defined in article seventy of the penal law, or a 37 felony in any other jurisdiction which includes all of the essential 38 elements of any such violent felony, upon which an indeterminate or 39 determinate term of imprisonment was imposed and who was between the 40 ages of sixteen and fifty years at the time of commission of the crime 41 upon which his or her present sentence was based. Notwithstanding the 42 foregoing, no person who is convicted of any of the following crimes 43 shall be deemed eligible to participate in this program: (a) a violent 44 felony offense as defined in article seventy of the penal law[,]; 45 provided, however, that a person who is convicted of burglary in the 46 second degree as defined in subdivision two of section 140.25 of the 47 penal law, or robbery in the second degree as defined in subdivision one 48 of section 160.10 of the penal law, or an attempt thereof, is eligible 49 to participate, (b) an A-I felony offense, (c) any homicide offense as 50 defined in article one hundred twenty-five of the penal law, (d) any 51 felony sex offense as defined in article one hundred thirty of the penal 52 law and (e) any escape or absconding offense as defined in article two 53 hundred five of the penal law.S. 1505--C 50 A. 2005--C 1 § 3. This act shall take effect on the thirtieth day after it shall 2 have become a law. 3 PART LL 4 Intentionally Omitted 5 PART MM 6 Intentionally Omitted 7 PART NN 8 Intentionally Omitted 9 PART OO 10 Section 1. Subdivisions 1 and 3 of section 70.15 of the penal law, 11 subdivision 1 as amended by chapter 291 of the laws of 1993, are amended 12 to read as follows: 13 1. Class A misdemeanor. A sentence of imprisonment for a class A 14 misdemeanor shall be a definite sentence. When such a sentence is 15 imposed the term shall be fixed by the court, and shall not exceed [one16year; provided, however, that a sentence of imprisonment imposed upon a17conviction of criminal possession of a weapon in the fourth degree as18defined in subdivision one of section 265.01 must be for a period of no19less than one year when the conviction was the result of a plea of guil-20ty entered in satisfaction of an indictment or any count thereof charg-21ing the defendant with the class D violent felony offense of criminal22possession of a weapon in the third degree as defined in subdivision23four of section 265.02, except that the court may impose any other24sentence authorized by law upon a person who has not been previously25convicted in the five years immediately preceding the commission of the26offense for a felony or a class A misdemeanor defined in this chapter,27if the court having regard to the nature and circumstances of the crime28and to the history and character of the defendant, finds on the record29that such sentence would be unduly harsh and that the alternative30sentence would be consistent with public safety and does not deprecate31the seriousness of the crime] three hundred sixty-four days. 32 3. Unclassified misdemeanor. A sentence of imprisonment for an unclas- 33 sified misdemeanor shall be a definite sentence. When such a sentence is 34 imposed the term shall be fixed by the court, and shall be in accordance 35 with the sentence specified in the law or ordinance that defines the 36 crime but, in any event, it shall not exceed three hundred sixty-four 37 days. 38 § 2. Section 70.15 of the penal law is amended by adding a new subdi- 39 vision 1-a to read as follows: 40 1-a. (a) Notwithstanding the provisions of any other law, whenever the 41 phrase "one year" or "three hundred sixty-five days" or "365 days" or 42 any similar phrase appears in any provision of this chapter or any other 43 law in reference to the definite sentence or maximum definite sentence 44 of imprisonment that is imposed, or has been imposed, or may be imposed 45 after enactment of this subdivision, for a misdemeanor conviction in 46 this state, such phrase shall mean, be interpreted and be applied as 47 three hundred sixty-four days.S. 1505--C 51 A. 2005--C 1 (b) The amendatory provisions of this subdivision are ameliorative and 2 shall apply to all persons who are sentenced before, on or after the 3 effective date of this subdivision, for a crime committed before, on or 4 after the effective date of this subdivision. 5 (c) Any sentence for a misdemeanor conviction imposed prior to the 6 effective date of this subdivision that is a definite sentence of impri- 7 sonment of one year, or three hundred sixty-five days, shall, by opera- 8 tion of law, be changed to, mean and be interpreted and applied as a 9 sentence of three hundred sixty-four days. In addition to any other 10 right of a person to obtain a record of a proceeding against him or her, 11 a person so sentenced prior to the effective date of this subdivision 12 shall be entitled to obtain, from the criminal court or the clerk there- 13 of, a certificate of conviction, as described in subdivision one of 14 section 60.60 of the criminal procedure law, setting forth such sentence 15 as the sentence specified in this paragraph. 16 (d) Any sentence for a misdemeanor conviction imposed prior to the 17 effective date of this subdivision that is other than a definite 18 sentence of imprisonment of one year may be set aside, upon motion of 19 the defendant under section 440.20 of the criminal procedure law based 20 on a showing that the judgment and sentence under the law in effect at 21 the time of conviction imposed prior to the effective date of this 22 subdivision is likely to result in severe collateral consequences, in 23 order to permit the court to resentence the defendant in accordance with 24 the amendatory provisions of this subdivision. 25 (e) Resentence by operation of law is without prejudice to an individ- 26 ual seeking further relief pursuant to paragraph (i) of subdivision one 27 of section 440.10 of the criminal procedure law. Nothing in this section 28 is intended to diminish or abrogate any rights or remedies otherwise 29 available to the individual. 30 § 3. Paragraph (i) of subdivision 1 of section 440.10 of the criminal 31 procedure law, as amended by chapter 368 of the laws of 2015, the open- 32 ing paragraph as amended by chapter 189 of the laws of 2018, is amended 33 and a new paragraph (j) is added to read as follows: 34 (i) The judgment is a conviction where the arresting charge was under 35 section 240.37 (loitering for the purpose of engaging in a prostitution 36 offense, provided that the defendant was not alleged to be loitering for 37 the purpose of patronizing a person for prostitution or promoting pros- 38 titution) or 230.00 (prostitution) or 230.03 (prostitution in a school 39 zone) of the penal law, and the defendant's participation in the offense 40 was a result of having been a victim of sex trafficking under section 41 230.34 of the penal law, sex trafficking of a child under section 42 230.34-a of the penal law, labor trafficking under section 135.35 of the 43 penal law, aggravated labor trafficking under section 135.37 of the 44 penal law, compelling prostitution under section 230.33 of the penal 45 law, or trafficking in persons under the Trafficking Victims Protection 46 Act (United States Code, title 22, chapter 78); provided that 47 (i) a motion under this paragraph shall be made with due diligence, 48 after the defendant has ceased to be a victim of such trafficking or 49 compelling prostitution crime or has sought services for victims of such 50 trafficking or compelling prostitution crime, subject to reasonable 51 concerns for the safety of the defendant, family members of the defend- 52 ant, or other victims of such trafficking or compelling prostitution 53 crime that may be jeopardized by the bringing of such motion, or for 54 other reasons consistent with the purpose of this paragraph; and 55 (ii) official documentation of the defendant's status as a victim of 56 trafficking, compelling prostitution or trafficking in persons at theS. 1505--C 52 A. 2005--C 1 time of the offense from a federal, state or local government agency 2 shall create a presumption that the defendant's participation in the 3 offense was a result of having been a victim of sex trafficking, compel- 4 ling prostitution or trafficking in persons, but shall not be required 5 for granting a motion under this paragraph[.]; or 6 (j) The judgment is a conviction for a class A or unclassified misde- 7 meanor entered prior to the effective date of this paragraph and satis- 8 fies the ground prescribed in paragraph (h) of this subdivision. There 9 shall be a rebuttable presumption that a conviction by plea to such an 10 offense was not knowing, voluntary and intelligent, based on severe or 11 ongoing collateral consequences, including potential or actual immi- 12 gration consequences, and there shall be a rebuttable presumption that a 13 conviction by verdict constitutes cruel and unusual punishment under 14 section five of article one of the state constitution based on such 15 consequences. 16 § 4. Section 440.10 of the criminal procedure law is amended by adding 17 a new subdivision 9 to read as follows: 18 9. Upon granting of a motion pursuant to paragraph (j) of subdivision 19 one of this section, the court may either: 20 (a) With the consent of the people, vacate the judgment or modify the 21 judgment by reducing it to one of conviction for a lesser offense; or 22 (b) Vacate the judgment and order a new trial wherein the defendant 23 enters a plea to the same offense in order to permit the court to resen- 24 tence the defendant in accordance with the amendatory provisions of 25 subdivision one-a of section 70.15 of the penal law. 26 § 5. This act shall take effect immediately. 27 PART PP 28 Section 1. The opening paragraph and paragraph (a) of subdivision 1 of 29 section 1311 of the civil practice law and rules, the opening paragraph 30 as amended by chapter 655 of the laws of 1990 and paragraph (a) as added 31 by chapter 669 of the laws of 1984, are amended to read as follows: 32 A civil action may be commenced by the appropriate claiming authority 33 against a criminal defendant to recover the property which constitutes 34 the proceeds of a crime, the substituted proceeds of a crime, an instru- 35 mentality of a crime or the real property instrumentality of a crime [or36to recover a money judgment in an amount equivalent in value to the37property which constitutes the proceeds of a crime, the substituted38proceeds of a crime, an instrumentality of a crime, or the real property39instrumentality of a crime]. A civil action may be commenced against a 40 non-criminal defendant to recover the property which constitutes the 41 proceeds of a crime, the substituted proceeds of a crime, an instrumen- 42 tality of a crime, or the real property instrumentality of a crime 43 provided, however, that a judgment of forfeiture predicated upon clause 44 (A) of subparagraph (iv) of paragraph (b) of subdivision three [hereof] 45 of this section shall be limited to the amount of the proceeds of the 46 crime. Any action under this article must be commenced within five years 47 of the commission of the crime and shall be civil, remedial, and in 48 personam in nature and shall not be deemed to be a penalty or criminal 49 forfeiture for any purpose. Except as otherwise specially provided by 50 statute, the proceedings under this article shall be governed by this 51 chapter. An action under this article is not a criminal proceeding and 52 may not be deemed to be a previous prosecution under article forty of 53 the criminal procedure law.S. 1505--C 53 A. 2005--C 1 (a) Actions relating to post-conviction forfeiture crimes. An action 2 relating to a post-conviction forfeiture crime must be grounded upon a 3 conviction of a felony defined in subdivision five of section one thou- 4 sand three hundred ten of this article[, or upon criminal activity aris-5ing from a common scheme or plan of which such a conviction is a part,] 6 or upon a count of an indictment or information alleging a felony which 7 was dismissed at the time of a plea of guilty to a felony in satisfac- 8 tion of such count. A court may not grant forfeiture until such 9 conviction has occurred. However, an action may be commenced, and a 10 court may grant a provisional remedy provided under this article, prior 11 to such conviction having occurred. An action under this paragraph must 12 be dismissed at any time after sixty days of the commencement of the 13 action unless the conviction upon which the action is grounded has 14 occurred, or an indictment or information upon which the asserted 15 conviction is to be based is pending in a superior court. An action 16 under this paragraph shall be stayed during the pendency of a criminal 17 action which is related to it; provided, however, that such stay shall 18 not prevent the granting or continuance of any provisional remedy 19 provided under this article or any other provisions of law. 20 § 2. The civil practice law and rules is amended by adding a new 21 section 1311-b to read as follows: 22 § 1311-b. Money judgment. If a claiming authority obtains a forfeiture 23 judgment against a defendant for the proceeds, substituted proceeds, 24 instrumentality of a crime or real property instrumentality of a crime, 25 but is unable to locate all or part of any such property, the claiming 26 authority may apply to the court for a money judgment against the 27 defendant in the amount of the value of the forfeited property that 28 cannot be located. The defendant shall have the right to challenge the 29 valuation of any property that is the basis for such an application. The 30 claiming authority shall have the burden of establishing the value of 31 the property under this section by a preponderance of the evidence. 32 § 3. Subdivisions 1, 3 and 4 of section 1312 of the civil practice law 33 and rules, subdivision 1 as added by chapter 669 of the laws of 1984, 34 subdivision 3 as amended and subdivision 4 as added by chapter 655 of 35 the laws of 1990, are amended to read as follows: 36 1. The provisional remedies of attachment, injunction, receivership 37 and notice of pendency provided for herein, shall be available in all 38 actions to recover property [or for a money judgment] under this arti- 39 cle. 40 3. A court may grant an application for a provisional remedy when it 41 determines that: (a) there is a substantial probability that the claim- 42 ing authority will be able to demonstrate at trial that the property is 43 the proceeds, substituted proceeds, instrumentality of the crime or real 44 property instrumentality of the crime, that the claiming authority will 45 prevail on the issue of forfeiture, and that failure to enter the order 46 may result in the property being destroyed, removed from the jurisdic- 47 tion of the court, or otherwise be unavailable for forfeiture; (b) the 48 need to preserve the availability of the property through the entry of 49 the requested order outweighs the hardship on any party against whom the 50 order may operate; and (c) in an action relating to real property, that 51 entry of the requested order will not substantially diminish, impair, or 52 terminate the lawful property interest in such real property of any 53 person or persons other than the defendant or defendants. 54 4. Upon motion of any party against whom a provisional remedy granted 55 pursuant to this article is in effect, the court may issue an order 56 modifying or vacating such provisional remedy if necessary to permit theS. 1505--C 54 A. 2005--C 1 moving party to obtain funds for the payment of reasonable living 2 expenses, other costs or expenses related to the maintenance, operation, 3 or preservation of property which is the subject of any such provisional 4 remedy or reasonable and bona fide attorneys' fees and expenses for the 5 representation of the defendant in the forfeiture proceeding or in a 6 related criminal matter relating thereto, payment for which is not 7 otherwise available from assets of the defendant which are not subject 8 to such provisional remedy. Any such motion shall be supported by an 9 affidavit establishing the unavailability of other assets of the moving 10 party which are not the subject of such provisional remedy for payment 11 of such expenses or fees. That funds sought to be released under this 12 subdivision are alleged to be the proceeds, substituted proceeds, 13 instrumentality of a crime or real property instrumentality of a crime 14 shall not be a factor for the court in considering and determining a 15 motion made pursuant to this subdivision. 16 § 4. The opening paragraph of subdivision 2 of section 1349 of the 17 civil practice law and rules, as added by chapter 655 of the laws of 18 1990, is amended to read as follows: 19 If any other provision of law expressly governs the manner of disposi- 20 tion of property subject to the judgment or order of forfeiture, that 21 provision of law shall be controlling, with the exception that, notwith- 22 standing the provisions of any other law, all forfeited monies and 23 proceeds from forfeited property shall be deposited into and disbursed 24 from an asset forfeiture escrow fund established pursuant to section 25 six-v of the general municipal law, which shall govern the maintenance 26 of such monies and proceeds from forfeited property. Upon application 27 by a claiming agent for reimbursement of moneys directly expended by a 28 claiming agent in the underlying criminal investigation for the purchase 29 of contraband which were converted into a non-monetary form or which 30 have not been otherwise recovered, the court shall direct such 31 reimbursement from money forfeited pursuant to this article. Upon appli- 32 cation of the claiming agent, the court may direct that any vehicles, 33 vessels or aircraft forfeited pursuant to this article be retained by 34 the claiming agent for law enforcement purposes, unless the court deter- 35 mines that such property is subject to a perfected lien, in which case 36 the court may not direct that the property be retained unless all such 37 liens on the property to be retained have been satisfied or pursuant to 38 the court's order will be satisfied. In the absence of an application by 39 the claiming agent, the claiming authority may apply to the court to 40 retain such property for law enforcement purposes. Upon such applica- 41 tion, the court may direct that such property be retained by the claim- 42 ing authority for law enforcement purposes, unless the court determines 43 that such property is subject to a perfected lien. If not so retained, 44 the judgment or order shall direct the claiming authority to sell the 45 property in accordance with article fifty-one of this chapter, and that 46 the proceeds of such sale and any other moneys realized as a consequence 47 of any forfeiture pursuant to this article shall be deposited to an 48 asset forfeiture escrow fund established pursuant to section six-v of 49 the general municipal law and shall be apportioned and paid in the 50 following descending order of priority: 51 § 5. Section 1349 of the civil practice law and rules is amended by 52 adding a new subdivision 5 to read as follows: 53 5. Monies and proceeds from the sale of property realized as a conse- 54 quence of any forfeiture distributed to the claiming agent or claiming 55 authority of any county, town, city, or village of which the claiming 56 agent or claiming authority is a part, shall be deposited to an assetS. 1505--C 55 A. 2005--C 1 forfeiture escrow fund established pursuant to section six-v of the 2 general municipal law. 3 § 6. Subdivision 2 of section 700 of the county law is amended to read 4 as follows: 5 2. Within thirty days after the receipt of any fine, penalty, recovery 6 upon any recognizance, monies and proceeds from the sale of property 7 realized as a consequence of any forfeiture, or other money belonging to 8 the county, the district attorney or the claiming authority shall pay 9 the same to the county treasurer. Not later than the first day of Febru- 10 ary in each year, the district attorney shall make in duplicate a veri- 11 fied true statement of all such moneys received and paid to the county 12 treasurer during the preceding calendar year and at that time shall pay 13 to the county treasurer any balance due. One statement shall be 14 furnished to the county treasurer [and the other], one to the clerk of 15 the board of supervisors and one to the state comptroller. A district 16 attorney who is not re-elected shall make and file the verified state- 17 ment and pay any balance of such moneys to the county treasurer within 18 thirty days after the expiration of his term. 19 § 7. The general municipal law is amended by adding a new section 6-v 20 to read as follows: 21 § 6-v. Asset forfeiture escrow fund. 1. As used in this section: 22 a. The term "governing board", insofar as it is used in reference to a 23 village, shall mean the board of trustees thereof; insofar as it is used 24 in reference to a town, shall mean the town board thereof; insofar as it 25 is used in reference to a county, shall mean the board of supervisors or 26 the county legislature thereof, as applicable; insofar as it is used in 27 reference to a city, shall mean the "legislative body" thereof, as that 28 term is defined in subdivision seven of section two of the municipal 29 home rule law. 30 b. The term "chief fiscal officer" shall mean: 31 (i) In the case of counties operating under (1) an alternative form of 32 county government or charter enacted as a state statute or adopted under 33 the alternative county government law or by local law, the official 34 designated in such statute, consolidated law or local law as the chief 35 fiscal officer, or, if no such designation is made therein, the official 36 possessing powers and duties similar to those of a county treasurer 37 under the county law as shall be designated by local law. 38 (2) In the case of counties not operating under an alternative form of 39 county government or charter enacted as a state statute or adopted under 40 the alternative county government law or by local law, the treasurer, 41 except that, in the case of counties having a comptroller, it shall mean 42 the comptroller. 43 (ii) In the case of cities, the comptroller; if a city does not have a 44 comptroller, the treasurer; if a city has neither a comptroller nor a 45 treasurer, such official possessing powers and duties similar to those 46 of a city treasurer as the finance board shall, by resolution, desig- 47 nate. A certified copy of such designation shall be filed with the state 48 comptroller and shall be a public record. 49 (iii) In the case of towns, the town supervisor; if a town has more 50 than one supervisor, the presiding supervisor. 51 (iv) In the case of villages, the village treasurer. 52 c. The term "claiming authority" shall mean the district attorney 53 having jurisdiction over the offense or the attorney general for purpose 54 of those crimes for which the attorney general has criminal jurisdiction 55 in a case where the underlying criminal charge has been, is being or 56 could have been brought by the attorney general, or the appropriateS. 1505--C 56 A. 2005--C 1 corporation counsel or county attorney, where such corporation counsel 2 or county attorney may act as a claiming authority only with the consent 3 of the district attorney or the attorney general, as appropriate. 4 d. The term "claiming agent" shall mean and shall include all persons 5 described in subdivision thirty-four of section 1.20 of the criminal 6 procedure law, and sheriffs, undersheriffs and deputy sheriffs of coun- 7 ties within the city of New York. 8 2. The governing board shall authorize the establishment of an asset 9 forfeiture escrow fund for any claiming agent or claiming authority as 10 is deemed necessary for the monies and proceeds of sale of property 11 realized as a consequence of any forfeiture. The separate identity of 12 such fund shall be maintained. 13 3. There shall be paid into the asset forfeiture escrow fund all 14 proceeds realized as a consequence of any forfeiture action. Such funds 15 shall include, but are not limited to, all funds and any property (real, 16 personal, tangible and/or intangible) that are forfeited pursuant to 17 agreement or otherwise prior to, in lieu of or after the lodging of 18 criminal charges, pre-indictment, post-indictment, or after conviction 19 by plea or trial. Such funds shall also include funds that are forfeited 20 in compromise of charges that are never brought. 21 4. The monies and proceeds in the asset forfeiture escrow fund shall 22 be deposited and secured in the manner provided by section ten of this 23 article. All monies and proceeds so deposited in such fund shall be 24 kept in a separate bank account. The chief fiscal officer may invest the 25 moneys in such fund in the manner provided in section eleven of this 26 article. Any interest earned or capital gains realized on the moneys so 27 deposited or invested shall accrue to and become part of such fund. The 28 separate identity of such fund shall be maintained, whether its assets 29 consist of cash, investments, or both. 30 5. Every claim for the payment of money from the asset forfeiture 31 escrow fund shall specify the purpose of the requested payment and must 32 be accompanied by a written certification that the expenditure is in 33 compliance with all applicable laws. Payments from such fund shall be 34 made by the chief fiscal officer subject to the required certification 35 and the determination of fund sufficiency. 36 6. The chief fiscal officer, at the termination of each fiscal year, 37 shall render a detailed report of the operation and condition of the 38 asset forfeiture escrow fund to the governing board and the state comp- 39 troller. Such report shall be subject to examination and audit. The 40 chief fiscal officer may account for such fund separate and apart from 41 all other funds of the village, town, county, and city. 42 § 8. Section 1352 of the civil practice law and rules, as added by 43 chapter 669 of the laws of 1984, is amended to read as follows: 44 § 1352. Preservation of other rights and remedies. The remedies 45 provided for in this article are not intended to substitute for or limit 46 or [supercede] supersede the lawful authority of any public officer or 47 agency or other person to enforce any other right or remedy provided for 48 by law. The exercise of such lawful authority in the forfeiture of prop- 49 erty alleged to be the proceeds, substitute proceeds, instrumentality of 50 a crime or real property instrumentality of crime must include the 51 provision of a prompt opportunity to be heard for the owner of seized 52 property in order to ensure the legitimacy and the necessity of its 53 continued retention by law enforcement, as well as clear notice of dead- 54 lines for accomplishing the return of such property. 55 § 9. Subdivision 11 of section 1311 of the civil practice law and 56 rules is amended by adding a new paragraph (d) to read as follows:S. 1505--C 57 A. 2005--C 1 (d) Any stipulation, settlement agreement, judgement, order or affida- 2 vit required to be given to the state division of criminal justice 3 services pursuant to this subdivision shall include the defendant's name 4 and such other demographic data as required by the state division of 5 criminal justice services. 6 § 10. Subdivision 6 of section 220.50 of the criminal procedure law, 7 as added by chapter 655 of the laws of 1990, is amended to read as 8 follows: 9 6. Where the defendant consents to a plea of guilty to the indictment, 10 or part of the indictment, or consents to be prosecuted by superior 11 court information as set forth in section 195.20 of this chapter, and if 12 the defendant and prosecutor agree that as a condition of the plea or 13 the superior court information certain property shall be forfeited by 14 the defendant, the description and present estimated monetary value of 15 the property shall be stated in court by the prosecutor at the time of 16 plea. Within thirty days of the acceptance of the plea or superior court 17 information by the court, the prosecutor shall send to the commissioner 18 of the division of criminal justice services a document containing the 19 name of the defendant, the description and present estimated monetary 20 value of the property, any other demographic data as required by the 21 division of criminal justice services and the date the plea or superior 22 court information was accepted. Any property forfeited by the defendant 23 as a condition to a plea of guilty to an indictment, or a part thereof, 24 or to a superior court information, shall be disposed of in accordance 25 with the provisions of section thirteen hundred forty-nine of the civil 26 practice law and rules. 27 § 11. Subdivision 4 of section 480.10 of the penal law, as added by 28 chapter 655 of the laws of 1990, is amended to read as follows: 29 4. The prosecutor shall promptly file a copy of the special forfeiture 30 information, including the terms thereof, with the state division of 31 criminal justice services and with the local agency responsible for 32 criminal justice planning. Failure to file such information shall not be 33 grounds for any relief under this chapter. The prosecutor shall also 34 report such demographic data as required by the state division of crimi- 35 nal justice services when filing a copy of the special forfeiture infor- 36 mation with the state division of criminal justice services. 37 § 12. This act shall take effect on the one hundred eightieth day 38 after it shall have become a law and shall apply to crimes which were 39 committed on or after such date. 40 PART QQ 41 Intentionally Omitted 42 PART RR 43 Section 1. The executive law is amended by adding a new section 837-t 44 to read as follows: 45 § 837-t. Use of force reporting. 1. The chief of every police depart- 46 ment, each county sheriff, and the superintendent of state police shall 47 report to the division, in a form and manner as defined in regulations 48 by the division, any instance or occurrence in which a police officer, 49 as defined in subdivision thirty-four of section 1.20 of the criminal 50 procedure law, or a peace officer, as defined in section 2.10 of the 51 criminal procedure law, employs the use of force as follows:S. 1505--C 58 A. 2005--C 1 a. brandishes, uses or discharges a firearm at or in the direction of 2 another person; or 3 b. uses a chokehold or similar restraint that applies pressure to the 4 throat or windpipe of a person in a manner that may hinder breathing or 5 reduce intake of air; or 6 c. displays, uses or deploys a chemical agent, including, but not 7 limited to, oleoresin capsicum, pepper spray or tear gas; or 8 d. brandishes, uses or deploys an impact weapon, including, but not 9 limited to, a baton or billy; or 10 e. brandishes, uses or deploys an electronic control weapon, includ- 11 ing, but not limited to, an electronic stun gun, flash bomb or long 12 range acoustic device; or 13 f. engages in conduct which results in the death or serious bodily 14 injury of another person. Serious bodily injury is defined as bodily 15 injury that involves a substantial risk of death, unconsciousness, 16 protracted and obvious disfigurement, or protracted loss of impairment 17 of the function of a bodily member, organ or mental faculty. 18 2. On an annual basis, the commissioner shall conspicuously publish on 19 the department's website a comprehensive report including the use of 20 force information received under subdivision one of this section during 21 the preceding year. Such reports shall not identify the names of the 22 individuals involved, but for each event reported, shall list the date 23 of the event, the location disaggregated by county and law enforcement 24 agencies involved, the town or city, and any additional relevant 25 location information, a description of the circumstances of the event, 26 and the race, sex, ethnicity, age, or, if unknown, approximate age of 27 all persons engaging in the use of force or suffering such injury. 28 § 2. This act shall take effect on the ninetieth day after it shall 29 have become a law. 30 PART SS 31 Section 1. Subdivision (a) of section 8019 of the civil practice law 32 and rules, as amended by chapter 773 of the laws of 1965, is amended to 33 read as follows: 34 (a) Application. The fees of a county clerk specified in this article 35 shall supersede the fees allowed by any other statute for the same 36 services, except in so far as the administrative code of the city of New 37 York sets forth different fees for the city register of the city of New 38 York and the county clerk of Richmond, and except that such fees do not 39 include the block fees as set out in the Nassau county administrative 40 code or the tax map number verification fees on instruments presented 41 for recording or filing as set out in the Suffolk county administrative 42 code, which are to be charged in addition to the fees specified in this 43 article. This subdivision does not apply to the fees specified in subdi- 44 vision (f) of section 8021. 45 § 2. Subparagraph (b) of paragraph 1 of subdivision (f) of section 46 8021 of the civil practice law and rules, as amended by chapter 784 of 47 the laws of 1983, is amended to read as follows: 48 (b) if the real estate is in the city of New York or the [county] 49 counties of Suffolk or Nassau, any block fees allowed by the administra- 50 tive code of the city of New York or the Nassau county administrative 51 code or any tax map number verification fees on instruments presented 52 for recording or filing allowed by the Suffolk county administrative 53 code; 54 § 3. This act shall take effect immediately.S. 1505--C 59 A. 2005--C 1 PART TT 2 Section 1. Notwithstanding the provisions of sections 79-a and 79-b of 3 the correction law, the governor is authorized to close two correctional 4 facilities of the department of corrections and community supervision, 5 in state fiscal year 2019-2020, as he determines to be necessary for the 6 cost-effective and efficient operation of the correctional system, 7 provided that the governor provides at least 90 days notice prior to any 8 such closures to the temporary president of the senate and the speaker 9 of the assembly. 10 § 2. This act shall take effect immediately and shall be deemed to 11 have been in full force and effect on and after April 1, 2019 and shall 12 expire and be deemed repealed March 31, 2020. 13 PART UU 14 Intentionally Omitted 15 PART VV 16 Section 1. Subdivisions a and e of section 25 of chapter 507 of the 17 laws of 2009, amending the real property actions and proceedings law and 18 other laws relating to home mortgage loans, as amended by chapter 29 of 19 the laws of 2014, are amended to read as follows: 20 a. Sections one, one-a, two and three of this act shall take effect on 21 the thirtieth day after this act shall have become a law and shall apply 22 to notices required on or after such date; [provided, however, that23section one-a of this act shall expire and be deemed repealed 10 years24after such effective date;] 25 e. Section nine of this act shall take effect on the sixtieth day 26 after this act shall have become a law and shall apply to legal actions 27 filed on or after such date; [provided, however that the amendments to28subdivision (a) of rule 3408 of the civil practice law and rules made by29such section shall expire and be deemed repealed 10 years after such30effective date;] 31 § 2. This act shall take effect immediately. 32 PART WW 33 Section 1. Subdivision 1 of section 60.12 of the penal law, as amended 34 by a chapter of the laws of 2019, amending the penal law and the crimi- 35 nal procedure law relating to sentencing and resentencing in domestic 36 violence cases, as proposed in legislative bills numbers S. 1077 and A. 37 3974, is amended to read as follows: 38 1. Notwithstanding any other provision of law, where a court is impos- 39 ing sentence upon a person pursuant to section 70.00, 70.02, 70.06 or 40 subdivision two or three of section 70.71 of this title, other than for 41 an offense defined in section 125.26, 125.27, subdivision five of 42 section 125.25, or article 490 of this chapter, or for an offense which 43 would require such person to register as a sex offender pursuant to 44 article six-C of the correction law, an attempt or conspiracy to commit 45 any such offense, and is authorized or required pursuant to sections 46 70.00, 70.02, 70.06 or subdivision two or three of section 70.71 of this 47 title to impose a sentence of imprisonment, the court, upon a determi- 48 nation following a hearing that (a) at the time of the instant offense, 49 the defendant was a victim of domestic violence subjected to substantialS. 1505--C 60 A. 2005--C 1 physical, sexual or psychological abuse inflicted by a member of the 2 same family or household as the defendant as such term is defined in 3 subdivision one of section 530.11 of the criminal procedure law; (b) 4 such abuse was a significant contributing factor to the defendant's 5 criminal behavior; (c) having regard for the nature and circumstances of 6 the crime and the history, character and condition of the defendant, 7 that a sentence of imprisonment pursuant to section 70.00, 70.02 [or], 8 70.06 or subdivision two or three of section 70.71 of this title would 9 be unduly harsh may instead impose a sentence in accordance with this 10 section. 11 A court may determine that such abuse constitutes a significant 12 contributing factor pursuant to paragraph (b) of this subdivision 13 regardless of whether the defendant raised a defense pursuant to article 14 thirty-five, article forty, or subdivision one of section 125.25 of this 15 chapter. 16 At the hearing to determine whether the defendant should be sentenced 17 pursuant to this section, the court shall consider oral and written 18 arguments, take testimony from witnesses offered by either party, and 19 consider relevant evidence to assist in making its determination. Reli- 20 able hearsay shall be admissible at such hearings. 21 § 2. This act shall take effect on the same date and in the same 22 manner as a chapter of the laws of 2019, amending the penal law and the 23 criminal procedure law relating to sentencing and resentencing in domes- 24 tic violence cases, as proposed in legislative bills numbers S. 1077 25 and A. 3974, takes effect. 26 PART XX 27 Section 1. Section 1-104 of the election law is amended by adding a 28 new subdivision 38 to read as follows: 29 38. "Computer generated registration list" means a printed or elec- 30 tronic list of voters in alphabetical order for a single election 31 district or poll site, generated from a computer registration file for 32 each election and containing for each voter listed, a facsimile of the 33 signature of the voter. Such a list may be in a single volume or in more 34 than one volume. The list may be utilized in place of registration poll 35 records, to establish a person's eligibility to vote in the polling 36 place on election day. 37 (a) The state board of elections shall promulgate minimum security 38 standards for any electronic device, and any network or system to which 39 the electronic device is connected, that is used to store or otherwise 40 access a computer generated registration list, and shall also promulgate 41 a list of devices that are approved for use. No local board of elections 42 shall be permitted to use such a device unless the state board of 43 elections has previously approved the device for use and has certified 44 that the network or system to which the electronic device is connected 45 is compliant with the minimum security standards. 46 (b) The minimum security standards for such devices shall be commensu- 47 rate with the level of security risk applicable to such devices and 48 shall specifically take into account any security risk associated with 49 voting equipment-related supply chains in addition to any other applica- 50 ble security risk. 51 (c) The state board of elections shall promulgate minimum redundancy 52 procedures to ensure a list of registration records is available that 53 provides necessary information in a compressed format to ensure voting 54 continues if the electronic computer generated registration systemS. 1505--C 61 A. 2005--C 1 becomes unavailable for any poll site or election district that utilizes 2 such an electronic computer generated registration list. 3 § 2. Subdivision 1 of section 4-128 of the election law, as amended by 4 chapter 125 of the laws of 2011, is amended to read as follows: 5 1. The board of elections of each county shall provide the requisite 6 number of official and facsimile ballots, two cards of instruction to 7 voters in the form prescribed by the state board of elections, at least 8 one copy of the instruction booklet for inspectors, a sufficient number 9 of maps, street finders or other descriptions of all of the polling 10 places and election districts within the political subdivision in which 11 the polling place is located to enable the election inspectors and poll 12 clerks to determine the correct election district and polling place for 13 each street address within the political subdivision in which the poll- 14 ing place is located, distance markers, tally sheets and return blanks, 15 pens, [black ink, or ball point pens with black ink,] pencils [having16black lead], or other appropriate marking devices, envelopes for the 17 ballots of voters whose registration poll records are not in the ledger 18 or whose names are not [on] in the computer generated registration list, 19 envelopes for returns, identification buttons, badges or emblems for the 20 inspectors and clerks in the form prescribed by the state board of 21 elections and such other articles of stationery as may be necessary for 22 the proper conduct of elections, except that when a town, city or 23 village holds an election not conducted by the board of elections, the 24 clerk of such town, city or village, shall provide such official and 25 facsimile ballots and the necessary blanks, supplies and stationery for 26 such election. 27 § 3. Subdivision c of section 4-132 of the election law, as amended by 28 chapter 164 of the laws of 1985, is amended to read as follows: 29 c. A booth or device in each election district for the use of voters 30 marking ballots. Such booth or device shall be so constructed as to 31 permit the voter to mark his or her ballot in secrecy and shall be 32 furnished at all times with [a pencil having black lead only] an appro- 33 priate marking device. 34 § 4. Section 4-134 of the election law, the section heading as amended 35 by chapter 373 of the laws of 1978, subdivisions 1 and 3 as amended by 36 chapter 163 of the laws of 2010, subdivision 2 as amended by chapter 425 37 of the laws of 1986, and subdivisions 5 and 6 as amended by chapter 635 38 of the laws of 1990, is amended to read as follows: 39 § 4-134. Preparation and delivery of ballots, supplies and equipment 40 for use at elections. 1. The board of elections shall deliver, at its 41 office, to the clerk of each town or city in the county, except the 42 cities of New York, Buffalo and Rochester and to the clerk of each 43 village in the county in which elections are conducted by the board of 44 elections, by the Saturday before the primary, general, village or other 45 election for which they are required: the official and sample ballots; 46 ledgers prepared for delivery in the manner provided in subdivision two 47 of this section and containing the registration poll records of all 48 persons entitled to vote at such election in such town, city or village, 49 or computer generated registration lists containing the names of all 50 persons entitled to vote at such election in such town, city or village; 51 challenge reports prepared as directed by this chapter; sufficient 52 applications for registration by mail; sufficient ledger seals and other 53 supplies and equipment required by this article to be provided by the 54 board of elections for each polling place in such town, city or village. 55 The town, city or village clerk shall call at the office of such board 56 of elections at such time and receive such ballots, supplies and equip-S. 1505--C 62 A. 2005--C 1 ment. In the cities of New York, Buffalo and Rochester the board of 2 elections shall cause such ballots, supplies and equipment to be deliv- 3 ered to the board of inspectors of each election district approximately 4 one-half hour before the opening of the polls for voting, and shall take 5 receipts therefor. 6 2. The board of elections shall provide for each election district a 7 ledger or ledgers containing the registration poll records or [printed] 8 lists with computer generated facsimile signatures, of all persons enti- 9 tled to vote in such election district at such election. Such ledgers 10 shall be labelled, sealed, locked and transported in locked carrying 11 cases. After leaving the board of elections no such carrying case shall 12 be unlocked except at the time and in the manner provided in this chap- 13 ter. 14 3. [Any envelope containing absentee voters' ballots on which the15blanks have not been properly filled in shall be stamped to indicate the16defect and shall be preserved by the board for at least one year after17the receipt thereof.184.] Each kind of official ballot shall be arranged in a package in the 19 consecutive order of the numbers printed on the stubs thereof beginning 20 with number one. All official and sample ballots for each election 21 district shall be in separate sealed packages, clearly marked on the 22 outside thereof, with the number and kind of ballots contained therein 23 and indorsed with the designation of the election district for which 24 they were prepared. The other supplies provided for each election 25 district also shall be [inclosed] enclosed in a sealed package, or pack- 26 ages, with a label on the outside thereof showing the contents of each 27 package. 28 [5. Each town, city and village clerk receiving such packages shall29cause all] 4. All such packages so received and marked for any election 30 district [to] shall be delivered unopened and with the seals thereof 31 unbroken to the inspectors of election of such election districts at 32 least [one-half] one hour before the opening of the polls of such 33 election therein, [and] who shall [take] give a receipt therefor speci- 34 fying the number and kind of packages delivered. [At the same time each35such clerk shall cause to be delivered to such inspectors the equipment36described in subdivision two of this section and shall cause a receipt37to be taken therefor.386.] 5. Town, city and village clerks required to provide official and 39 sample ballots, registration records, seals, supplies and equipment, as 40 described in this section, for town, city and village elections not 41 conducted by the board of elections, shall in like manner, deliver them 42 to the inspectors or presiding officers of the election at each polling 43 place at which such meetings and elections are held, respectively, in 44 like sealed packages marked on the outside in like manner, and shall 45 take receipts therefor in like manner. 46 § 5. Subdivision 1 of section 5-302 of the election law, as separately 47 amended by chapter 164 and chapter 558 of the laws of 1985, is amended 48 to read as follows: 49 1. Before placing the registration poll record in the poll ledger or 50 in the computer generated registration list, the board shall enter in 51 the space provided therefor [on the back of such registration poll52record] the name of the party designated by the voter on his application 53 form, provided such party continues to be a party as defined in this 54 law. If such party ceases to be a party at any time, either before or 55 after such enrollment is so entered, the enrollment of such voter shall 56 be deemed to be blank and shall be entered as such until such voterS. 1505--C 63 A. 2005--C 1 files an application for change of enrollment pursuant to the provisions 2 of this chapter. [In the city of New York the board shall also affix a3gummed sticker of a different color for each party in a place on such4registration poll record immediately adjacent to such entry.] The board 5 shall enter the date of such entry and affix initials thereto in the 6 space provided. 7 § 6. Paragraph c of subdivision 3 of section 5-506 of the election 8 law, as amended by chapter 659 of the laws of 1994, is amended to read 9 as follows: 10 c. The computer generated registration list prepared for each election 11 in each election district shall be [printed by a printer] prepared in a 12 manner which meets or exceeds standards for clarity and speed of 13 [reproduction] production established by the state board of elections, 14 shall be in a form approved by such board, shall include the names of 15 all voters eligible to vote in such election and shall be in alphabet- 16 ical order, except that, at a primary election, the names of the voters 17 enrolled in each political party may be placed in a separate part of the 18 list or in a separate list, as the board of elections in its discretion, 19 may determine. Such list shall contain, adjacent to each voter's name, 20 or in a space so designated, at least the following: street address, 21 date of birth, party enrollment, year of registration, a computer 22 reproduced facsimile of the voter's signature or an indication that the 23 voter is unable to sign his name, a place for the voter to sign his name 24 at such election and a place for the inspectors to mark the voting 25 machine number, the public counter number [and] if any, or the number of 26 any paper ballots given the voter. 27 § 7. Subdivision 2 of section 8-202 of the election law, as amended by 28 chapter 164 of the laws of 2010, is amended to read as follows: 29 2. The exterior of any ballot scanner, ballot marking device and 30 privacy booth and every part of the polling place shall be in plain view 31 of the election inspectors and watchers. The ballot scanners, ballot 32 marking devices, and privacy booths shall be placed at least four feet 33 from the table used by the inspectors in charge of the poll [books] 34 ledger or computer generated registration list. The guard-rail shall be 35 at least three feet from the machine and the table used by the inspec- 36 tors. The election inspectors shall not themselves be, or allow any 37 other person to be, in any position or near any position, that will 38 permit one to see or ascertain how a voter votes, or how he or she has 39 voted nor shall they permit any other person to be less than three feet 40 from the ballot scanner, ballot marking device, or privacy booth while 41 occupied. The election inspectors or clerks attending the ballot scan- 42 ner, ballot marking device, or privacy booth shall regularly inspect the 43 face of the ballot scanner, ballot marking device, or the interior of 44 the privacy booth to see that the ballot scanner, ballot marking device, 45 or privacy booth has not been damaged or tampered with. During elections 46 the door or other covering of the counter compartment of the machine 47 shall not be unlocked or opened except by a member of the board of 48 elections, a voting machine custodian or any other person upon the 49 specific instructions of the board of elections. 50 § 8. Subdivisions 2, 2-a, 3, 4 and 5 of section 8-302 of the election 51 law, subdivision 2-a as added by chapter 179 of the laws of 2005, subdi- 52 visions 3 and 4 as amended by chapter 200 of the laws of 1996, the open- 53 ing paragraph of paragraph (e) of subdivision 3 as amended by chapter 54 125 of the laws of 2011 and subparagraph (ii) of paragraph (e) of subdi- 55 vision 3 as separately amended by chapters 3 and 6 of the laws of 2019, 56 are amended to read as follows:S. 1505--C 64 A. 2005--C 1 2. The voter shall give [his] the voter's name and [his] the voter's 2 residence address to the inspectors. An inspector shall then loudly and 3 distinctly announce the name and residence of the voter. 4 2-a. (a) If a voter's name appears in the ledger or computer generated 5 registration list with a notation indicating that the voter's identity 6 was not yet verified as required by the federal Help America Vote Act, 7 the inspector shall require that the voter produce one of the following 8 types of identification before permitting the voter to cast his or her 9 vote on the voting machine: 10 (i) a driver's license or department of motor vehicles non-driver 11 photo ID card or other current and valid photo identification; 12 (ii) a copy of a current utility bill, bank statement, government 13 check, paycheck or other government document that shows the name and 14 address of the voter. 15 (b) If the voter produces an identification document listed in para- 16 graph (a) of this subdivision, the inspector shall indicate so in the 17 ledger or computer generated registration list, the voter will be deemed 18 verified as required by the federal Help America Vote Act and the voter 19 shall be permitted to cast his or her vote on the voting machine. 20 (c) If the voter does not produce an identification document listed in 21 paragraph (a) of this subdivision, the voter shall only be entitled to 22 vote by affidavit ballot unless a court order provides otherwise. 23 3. (a) If an applicant is challenged, the board, without delay, shall 24 either enter his name in the second section of the challenge report 25 together with the other entries required to be made in such section 26 opposite the applicant's name or make an entry next to [his] the voter's 27 name [on] in the computer generated registration list or in the place 28 provided [at the end of] in the computer generated registration list. 29 (b) A person who claims to have moved to a new address within the 30 election district in which he or she is registered to vote shall be 31 permitted to vote in the same manner as other voters unless challenged 32 on other grounds. The inspectors shall enter the names and new addresses 33 of all such persons in either the first section of the challenge report 34 or in the place provided [at the end of] in the computer generated 35 registration list and shall also enter the new address next to such 36 person's address on such computer generated registration list. When the 37 registration poll records of persons who have voted from new addresses 38 within the same election district are returned to the board of 39 elections, such board shall change the addresses on the face of such 40 registration poll records without completely obliterating the old 41 addresses and shall enter such new addresses and the new addresses for 42 any such persons whose names were [on] in computer generated registra- 43 tion lists into its computer records for such persons. 44 (c) A person who claims a changed name shall be permitted to vote in 45 the same manner as other voters unless challenged on other grounds. The 46 inspectors shall either enter the names of all such persons in the first 47 section of the challenge report or in the place provided [at the end of] 48 in the computer generated registration list, in the form in which they 49 are registered, followed in parentheses by the name as changed or enter 50 the name as changed next to such voter's name on the computer generated 51 registration list. The voter shall sign first on the registration poll 52 record or [on] in the computer generated registration list, the name 53 under which the voter is registered and, immediately above it, the new 54 name, provided that [on] in such [a computer generated] registration 55 list, the new name may be signed in the place provided [at the end of56such list]. When the registration poll record of a person who has votedS. 1505--C 65 A. 2005--C 1 under a new name is returned to the board of elections, such board shall 2 change [his] the voter's name on the face of each [of his] registration 3 [records] record without completely obliterating the old one, and there- 4 after such person shall vote only under his or her new name. If a voter 5 has signed a new name [on] in a computer generated registration list, 6 such board shall enter such voter's new name and new signature in such 7 voter's computer record. 8 (d) If an applicant requests assistance in voting and qualifies there- 9 for, the board shall provide assistance as directed by this chapter, and 10 shall without delay either enter such applicant's name and the other 11 entries required in the third section of the challenge report or make an 12 entry next to such applicant's name [on] in the computer generated 13 registration list or in the place provided [at the end of the computer14generated] in such registration list. 15 (e) Whenever a voter presents himself or herself and offers to cast a 16 ballot, and he or she claims to live in the election district in which 17 he or she seeks to vote but no registration poll record can be found for 18 him or her in the poll ledger or his or her name does not appear [on] in 19 the computer generated registration list or his or her signature does 20 not appear next to his or her name [on] in such [computer generated] 21 registration list or his or her registration poll record or the computer 22 generated registration list does not show him or her to be enrolled in 23 the party in which he or she claims to be enrolled, a poll clerk or 24 election inspector shall consult a map, street finder or other 25 description of all of the polling places and election districts within 26 the political subdivision in which said election district is located and 27 if necessary, contact the board of elections to obtain the relevant 28 information and advise the voter of the correct polling place and 29 election district for the residence address provided by the voter to 30 such poll clerk or election inspector. Thereafter, such voter shall be 31 permitted to vote in said election district only as hereinafter 32 provided: 33 (i) He or she may present a court order requiring that he or she be 34 permitted to vote. At a primary election, such a court order must speci- 35 fy the party in which the voter is permitted to vote. [He] The voter 36 shall be required to sign [his] their full name on top of the first page 37 of such order, together with [his] the voter's registration serial 38 number, if any, and [his] the voter's name and the other entries 39 required shall then be entered without delay in the fourth section of 40 the challenge report or in the place provided [at the end of] in the 41 computer generated registration list, or, if such person's name appears 42 on [the computer generated] such registration list, the board of 43 elections may provide a place to make such entry next to his or her name 44 on such list. The voter shall then be permitted to vote in the manner 45 otherwise prescribed for voters whose registration poll records are 46 found in the ledger or whose names are found on the computer generated 47 registration list; or 48 (ii) He or she may swear to and subscribe an affidavit stating that he 49 or she has duly registered to vote, the address in such election 50 district from which he or she registered, that he or she remains a duly 51 qualified voter in such election district, that his or her registration 52 poll record appears to be lost or misplaced or that his or her name 53 and/or his or her signature was omitted from the computer generated 54 registration list or such record indicates the voter already voted when 55 he or she did not do so or that he or she has moved within New York 56 state since he or she last registered, the address from which he or sheS. 1505--C 66 A. 2005--C 1 was previously registered and the address at which he or she currently 2 resides, and at a primary election, the party in which he or she is 3 enrolled. The inspectors of election shall offer such an affidavit to 4 each such voter whose residence address is in such election district. 5 Each such affidavit shall be in a form prescribed by the state board of 6 elections, shall be printed on an envelope of the size and quality used 7 for an absentee ballot envelope, and shall contain an acknowledgment 8 that the affiant understands that any false statement made therein is 9 perjury punishable according to law. Such form prescribed by the state 10 board of elections shall request information required to register such 11 voter should the county board determine that such voter is not regis- 12 tered and shall constitute an application to register to vote. The 13 voter's name and the entries required shall then be entered without 14 delay and without further inquiry in the fourth section of the challenge 15 report or in the place provided [at the end of] in the computer gener- 16 ated registration list, with the notation that the voter has executed 17 the affidavit hereinabove prescribed, or, if such person's name appears 18 [on the computer generated] in such registration list, the board of 19 elections may provide a place to make such entry next to his or her name 20 [on] in such list. The voter shall then, without further inquiry, be 21 permitted to vote an affidavit ballot provided for by this chapter. Such 22 ballot shall thereupon be placed in the envelope containing his or her 23 affidavit, and the envelope sealed and returned to the board of 24 elections in the manner provided by this chapter for protested official 25 ballots, including a statement of the number of such ballots. 26 4. At a primary election, a voter whose registration poll record is in 27 the ledger or computer generated registration list shall be permitted to 28 vote only in the primary of the party in which such record shows [him] 29 the voter to be enrolled unless [he] the voter shall present a court 30 order pursuant to the provisions of subparagraph (i) of paragraph (e) of 31 subdivision three of this section requiring that [he] the voter be 32 permitted to vote in the primary of another party, or unless [he] the 33 voter shall present a certificate of enrollment issued by the board of 34 elections, not earlier than one month before such primary election, 35 pursuant to the provisions of this chapter which certifies that [he] the 36 voter is enrolled in a party other than the one in which such record 37 shows [him] the voter to be enrolled, or unless he or she shall 38 subscribe an affidavit pursuant to the provisions of subparagraph (ii) 39 of paragraph (e) of subdivision three of this section. 40 5. Except for voters unable to sign their names, no person shall be 41 permitted to vote without first identifying himself or herself as 42 required by this chapter. 43 § 9. Subdivisions 1, 2 and 3 of section 8-304 of the election law, 44 subdivisions 1 and 2 as amended by chapter 425 of the laws of 1986, are 45 amended to read as follows: 46 1. A person before being allowed to vote shall be required, except as 47 provided in this chapter, to sign his or her name on the back of his or 48 her registration poll record on the first line reserved for his or her 49 signature at the time of election which is not filled with a previous 50 signature, or [on the line of] in the space provided in the computer 51 generated registration list reserved for [his] the voter's signature. 52 The two inspectors in charge shall satisfy themselves by a comparison of 53 this signature with [his] the voter's registration signature and by 54 comparison of [his] the voter's appearance with the descriptive material 55 on the face of the registration poll record that [he] the voter is the 56 person registered. If they are so satisfied they shall enter the otherS. 1505--C 67 A. 2005--C 1 information required for the election on the same line with the voter's 2 latest signature, shall sign their names or initials in the spaces 3 provided therefor, and shall permit the applicant to vote. Any inspector 4 or inspectors not satisfied shall challenge the applicant forthwith. 5 2. If a person who alleges [his] an inability to sign his or her name 6 presents himself or herself to vote, the board of inspectors shall 7 permit [him] such person to vote, unless challenged on other grounds, 8 provided [he] the voter had been permitted to register without signing 9 [his] the voter's name. The board shall enter the words "Unable to Sign" 10 in the space on [his] the voter's registration poll record reserved for 11 [his] the voter's signature or on the line [of] or space the computer 12 generated registration list reserved for [his] the voter's signature at 13 such election. If [his] the voter's signature appears upon [his] the 14 voter's registration record or [upon] in the computer generated regis- 15 tration list the board shall challenge [him] the voter forthwith, except 16 that if such a person claims that he or she is unable to sign his or her 17 name by reason of a physical disability incurred since [his] the voter's 18 registration, the board, if convinced of the existence of such disabili- 19 ty, shall permit him or her to vote, shall enter the words "Unable to 20 Sign" and a brief description of such disability in the space reserved 21 for [his] the voter's signature at such election. At each subsequent 22 election, if such disability still exists, [he] the voter shall be enti- 23 tled to vote without signing [his] their name and the board of inspec- 24 tors, without further notation, shall enter the words "Unable to Sign" 25 in the space reserved for [his] the voter's signature at such election. 26 3. The voter's facsimile signature [made by him upon registration and27his signature made at subsequent elections] shall be effectively 28 concealed from the voter by a blotter or [piece of opaque paper] other 29 means until after the voter shall have completed [his] the signature. 30 § 10. Subdivision 3 of section 8-306 of the election law, as amended 31 by chapter 154 of the laws of 1991, is amended to read as follows: 32 3. Any voter who requires assistance to vote by reason of blindness, 33 disability or inability to read or write may be given assistance by a 34 person of the voter's choice, other than the voter's employer or agent 35 of the employer or officer or agent of the voter's union. A voter enti- 36 tled to assistance in voting who does not select a particular person may 37 be assisted by two election inspectors not of the same political faith. 38 The inspectors or person assisting a voter shall enter the voting 39 machine or booth with [him] the voter, help [him] the voter in the prep- 40 aration of [his] the voter's ballot and, if necessary, in the return of 41 the voted ballot to the inspectors for deposit in the ballot box. The 42 inspectors shall enter in the [remarks space on the registration poll43card of an assisted voter, or next to the name of] space provided for 44 such voter [on] in the computer generated registration list, the name of 45 each officer or person rendering such assistance. 46 § 11. Subdivision 2 of section 8-508 of the election law, as amended 47 by chapter 200 of the laws of 1996, paragraph (b) as amended by chapter 48 6 of the laws of 2019, is amended to read as follows: 49 2. (a) The first section of such report shall be reserved for the 50 inspectors of election to enter the name, address and registration seri- 51 al number of each person who claims a change in name, or a change of 52 address within the election district, together with the new name or 53 address of each such person. In lieu of preparing section one of the 54 challenge list, the board of elections may provide, next to the name of 55 each voter [on] in the computer generated registration list, a place for 56 the inspectors of election to record the information required to beS. 1505--C 68 A. 2005--C 1 entered in such section one, or provide [at the end of such computer2generated] elsewhere in such registration list, a place for the inspec- 3 tors of election to enter such information. 4 (b) The second section of such report shall be reserved for the board 5 of inspectors to enter the name, address and registration serial number 6 of each person who is challenged at the time of voting together with the 7 reason for the challenge. If no voters are challenged, the board of 8 inspectors shall enter the words "No Challenges" across the space 9 reserved for such names. In lieu of preparing section two of the chal- 10 lenge report, the board of elections may provide, next to the name of 11 each voter [on] in the computer generated registration list, a place for 12 the inspectors of election to record the information required to be 13 entered in such section two, or provide [at the end of such computer14generated] elsewhere in such registration list, a place for the inspec- 15 tors of election to enter such information. 16 (c) The third section of such report shall be reserved for the board 17 of inspectors to enter the name, address and registration serial number 18 of each voter given assistance, together with the reason the voter was 19 allowed assistance, the name of the person giving such assistance and 20 his address if not an inspector. If no voters are given assistance, the 21 board of inspectors shall enter the words "No Assistance" across the 22 space reserved for such names. In lieu of providing section three of the 23 challenge report, the board of elections may provide, next to the name 24 of each voter [on] in the computer generated registration list, a place 25 for the inspectors of election to record the information required to be 26 entered in such section three, or provide [at the end of such computer27generated] elsewhere in such registration list, a place for the inspec- 28 tors of election to enter such information. 29 (d) The fourth section of such report shall be reserved for the board 30 of inspectors to enter the name, address and registration serial number 31 of each person who was permitted to vote pursuant to a court order, or 32 to vote on a paper ballot which was inserted in an affidavit envelope. 33 If there are no such names, such board shall enter the word "None" 34 across the space provided for such names. In lieu of providing section 35 four of such report, the board of elections may provide, next to the 36 name of each voter [on] in the computer generated registration list, a 37 place for the inspectors of election to record the information required 38 to be entered in such section four, or provide [at the end of the39computer generated] elsewhere in such registration list, a place for the 40 inspectors of election to enter such information. 41 (e) At the foot of such report [and] or at the end of any such comput- 42 er generated registration list, if applicable, shall be [printed] a 43 certificate that such report or list contains the names of all persons 44 who were challenged on the day of election, and that each voter so 45 reported as having been challenged took the oaths as required, that such 46 report or list contains the names of all voters to whom such board gave 47 or allowed assistance and lists the nature of the disability which 48 required such assistance to be given and the names and family relation- 49 ship, if any, to the voter of the persons by whom such assistance was 50 rendered; that each such assisted voter informed such board under oath 51 that he required such assistance and that each person rendering such 52 assistance took the required oath; that such report or list contains the 53 names of all voters who were permitted to vote although their registra- 54 tion poll records were missing; that the entries made by such board are 55 a true and accurate record of its proceedings with respect to the 56 persons named in such report or list.S. 1505--C 69 A. 2005--C 1 (f) Upon the return of such report [and] or lists to the board of 2 elections, it shall complete the investigation of voting qualifications 3 of all persons named in the second section thereof or for whom entries 4 were placed [on] in such computer generated registration lists in lieu 5 of the preparation of the second section of the challenge report, and 6 shall forthwith proceed to cancel the registration of any person who, as 7 noted upon such report, or in such list, was challenged at such election 8 and refused either to take a challenge oath or to answer any challenge 9 question. 10 (g) The state board of elections shall prescribe a form of challenge 11 report for use pursuant to the provisions of this section. Such form may 12 require the insertion of such other information as the state board shall 13 deem appropriate. 14 § 12. Section 8-510 of the election law, the section heading as 15 amended by chapter 373 of the laws of 1978, subdivision 1 as amended by 16 chapter 200 of the laws of 1996, and subdivision 3 as amended by chapter 17 43 of the laws of 1988, is amended to read as follows: 18 § 8-510. Challenge report; completion of and [closing of registration19poll ledgers] procedure after. 1. Immediately after the close of the 20 polls the board of inspectors of election shall verify the entries which 21 it has made on the challenge report or [at the end of the] in the spaces 22 provided in the computer generated registration list by comparing such 23 entries with the information appearing on the registration poll records 24 of the affected voters or the information appearing [next to the names25of such voters on] in the spaces provided in the computer generated 26 registration list. If it has made no entries in section two, three or 27 four of such report it shall write across or note in such section the 28 words "No challenges", "No assistance" or "None", as the case may be, as 29 directed in this chapter. 30 2. After completing such report the inspectors shall sign [the] a 31 certificate [at the end of] in the spaces provided by the county board 32 of elections for such report. 33 3. The inspectors shall place such completed report, and each court 34 order, if any, directing that a person be permitted to vote, [inside a] 35 in the secure container provided by the county board of elections for 36 such ledger of registration records or computer generated registration 37 lists [between the front cover, and the first registration record] and 38 then shall close and seal each ledger of registration records or comput- 39 er generated registration lists, [affix their signature to the seal,] 40 lock such ledger in the carrying case furnished for that purpose and 41 enclose the keys in a sealed package or seal such list in the envelope 42 provided for that purpose. 43 § 13. Clauses (C) and (D) of subparagraph (i) of paragraph (a) of 44 subdivision 2 of section 9-209 of the election law, as amended by chap- 45 ter 308 of the laws of 2011, are amended to read as follows: 46 (C) If such person is found to be registered and has not voted in 47 person, an inspector shall compare the signature, if any, on each envel- 48 ope with the signature, if any, on the registration poll record, the 49 computer generated list of registered voters or the list of special 50 presidential voters, of the person of the same name who registered from 51 the same address. If the signatures are found to correspond, such 52 inspector shall certify thereto by [signing] placing his or her initials 53 in the ["Inspector's Initials" line on the] space provided in the 54 computer generated list of registered voters [or in the "remarks" column55as appropriate].S. 1505--C 70 A. 2005--C 1 (D) If such person is found to be registered and has not voted in 2 person, and if no challenge is made, or if a challenge made is not 3 sustained, the envelope shall be opened, the ballot or ballots withdrawn 4 without unfolding, and the ballot or ballots deposited in the proper 5 ballot box or boxes, or envelopes, provided however that, in the case of 6 a primary election, the ballot shall be deposited in the box only if the 7 ballot is of the party with which the voter is enrolled according to the 8 entry on the back of his or her registration poll record or [next to his9or her name on] in the computer generated registration list; if not, the 10 ballot shall be rejected without inspection or unfolding and shall be 11 returned to the envelope which shall be endorsed "not enrolled." At the 12 time of the deposit of such ballot or ballots in the box or envelopes, 13 the inspectors shall enter the words "absentee vote" or "military vote" 14 in the space reserved for the voter's signature on the aforesaid list or 15 in the "remarks" [column] space as appropriate, and shall enter the year 16 and month of the election on the same line in the spaces provided there- 17 for. 18 § 14. Subdivision 4 of section 11-206 of the election law, as amended 19 by chapter 91 of the laws of 1992, is amended to read as follows: 20 4. The registration poll records of special federal voters shall be 21 filed, in alphabetical order, by election district. At each election at 22 which [the ballots of] special federal voters are [delivered to the23inspectors of election in each election district] eligible to vote, the 24 registration poll records of all special federal voters [eligible to25vote at such election] shall be delivered to such inspectors of election 26 together with the other registration poll records or the names of such 27 voters shall be included [on] in the computer generated registration 28 list. Such records shall be delivered either in a separate poll ledger 29 or a separate, clearly marked section, of the main poll ledger or [in a30separate,] be clearly marked[, section of] in the computer generated 31 registration list as the board of elections shall determine. 32 § 15. This act shall take effect immediately; provided, however, that 33 the amendments to subparagraph (ii) of paragraph (e) of subdivision 3 of 34 section 8-302 of the election law made by section eight of this act 35 shall take effect on the same date and in the same manner as chapter 3 36 of the laws of 2019, takes effect. 37 PART YY 38 Section 1. Section 3-110 of the election law, as renumbered by chapter 39 234 of the laws of 1976, is amended to read as follows: 40 § 3-110. Time allowed employees to vote. 1. [If a] A registered voter 41 [does not have sufficient time outside of his working hours, within42which to vote at any election, he] may, without loss of pay for up to 43 [two] three hours, take off so much working time as will[, when added to44his voting time outside his working hours,] enable him or her to vote at 45 any election. 46 2. [If an employee has four consecutive hours either between the open-47ing of the polls and the beginning of his working shift, or between the48end of his working shift and the closing of the polls, he shall be49deemed to have sufficient time outside his working hours within which to50vote. If he has less than four consecutive hours he may take off so much51working time as will when added to his voting time outside his working52hours enable him to vote, but not more than two hours of which shall be53without loss of pay, provided that he] The employee shall be allowedS. 1505--C 71 A. 2005--C 1 time off for voting only at the beginning or end of his or her working 2 shift, as the employer may designate, unless otherwise mutually agreed. 3 3. If the employee requires working time off to vote [he] the employee 4 shall notify his or her employer not [more than ten nor] less than two 5 working days before the day of the election that he or she requires time 6 off to vote in accordance with the provisions of this section. 7 4. Not less than ten working days before every election, every employ- 8 er shall post conspicuously in the place of work where it can be seen as 9 employees come or go to their place of work, a notice setting forth the 10 provisions of this section. Such notice shall be kept posted until the 11 close of the polls on election day. 12 § 2. This act shall take effect immediately. 13 PART ZZ 14 Section 1. Subdivision 4 of section 840 of the executive law is 15 amended by adding a new paragraph (d) to read as follows: 16 (d)(1) Establish and regularly update a model law enforcement use of 17 force policy suitable for adoption by any agency that employs police or 18 peace officers. 19 (2) The model law enforcement use of force policy shall include, but 20 is not limited to: 21 (i) information on current law as it relates to the use of force by 22 police and peace officers; 23 (ii) guidelines regarding when use of force is permitted; 24 (iii) requirements for documenting use of force; 25 (iv) procedures for investigating use of force incidents; 26 (v) guidelines regarding excessive use of force including duty to 27 intervene, reporting, and timely medical treatment for injured persons; 28 (vi) standards for failure to adhere to use of force guidelines; 29 (vii) training mandates on use of force, conflict prevention, conflict 30 resolution and negotiation, de-escalation techniques and strategies, 31 including, but not limited to, interacting with persons presenting in an 32 agitated condition; and 33 (viii) prohibited uses of force. 34 (3) The person in charge of every local police department, local 35 correctional facility, each county sheriff, the superintendent of the 36 division of the state police, the commissioner of the department of 37 corrections and community supervision, and the person in charge of every 38 agency that employs a peace officer in this state shall adopt and imple- 39 ment a use of force policy in the agency of which they are in charge. 40 Such use of force policy shall be consistent with the model law enforce- 41 ment use of force policy established pursuant to this subdivision, 42 except that such departments, county sheriffs, superintendent, commis- 43 sioner and agencies that employ a peace officer may impose further and 44 additional restrictions on the use of force, in such use of force policy 45 or otherwise. 46 (4) The model law enforcement use of force policy and every use of 47 force policy established pursuant to subparagraph three of this para- 48 graph shall be a public document, and shall be made available without 49 charge to any member of the public promptly upon request. Each such 50 current use of force policy shall be conspicuously posted on the public 51 website of the agency that adopted it. Revisions to such use of force 52 policies shall be updated on the agency's public website within seven- 53 ty-two hours of approval of any amendment.S. 1505--C 72 A. 2005--C 1 § 2. This act shall take effect on the sixtieth day after it shall 2 have become a law. 3 PART AAA 4 Section 1. Subdivision 6 of section 14-114 of the election law is 5 amended by adding a new paragraph c to read as follows: 6 c. Lobbyists, as defined by subdivision (a) of section one-c of the 7 legislative law or by subdivision (a) of section 3-211 of the adminis- 8 trative code of the city of New York, political action committees, labor 9 unions, and any person who has registered with the state board of 10 elections as an independent expenditure committee pursuant to subdivi- 11 sion three of section 14-107 of this article are prohibited from making 12 loans to candidates or political committees; provided, however, that a 13 lobbyist shall not be prohibited from making a loan to himself or 14 herself or to his or her own political committee when such lobbyist is a 15 candidate for office. 16 § 2. This act shall take effect immediately. 17 PART BBB 18 Section 1. Subdivision 2 of section 8-100 of the election law, as 19 amended by chapter 367 of the laws of 2017, is amended to read as 20 follows: 21 2. Polls shall be open for voting during the following hours: a prima- 22 ry election from [twelve o'clock noon until nine o'clock in the evening,23except in the city of New York and the counties of Nassau, Suffolk,24Westchester, Rockland, Orange, Putnam, Dutchess and Erie, and in such25city or county from] six o'clock in the morning until nine o'clock in 26 the evening; the general election from six o'clock in the morning until 27 nine o'clock in the evening; a special election called by the governor 28 pursuant to the public officers law, and, except as otherwise provided 29 by law, every other election, from six o'clock in the morning until nine 30 o'clock in the evening; early voting hours shall be as provided in title 31 six of this article. 32 § 2. This act shall take effect on the first of January after it shall 33 have become a law and shall apply to any election held 120 days after. 34 PART CCC 35 Section 1. Short title. This act shall be known as and may be cited as 36 the "Voter Enfranchisement Modernization Act of 2019 (VEMA)". 37 § 2. Declaration of Legislative Intent. The right to vote is a funda- 38 mental right, the well-spring of all others, secured by the federal and 39 state constitutions. On-line forms of communication and conducting tran- 40 sactions did not exist at the time New York's paper-based voter regis- 41 tration system was enacted. In the last twenty years, many paper-based 42 processes have migrated to on-line processes, including filing tax 43 returns, applying for social security benefits, routine banking trans- 44 actions, official communications and purchase transactions of all types. 45 This on-line migration has improved cost efficiency, increased accessi- 46 bility and provided greater convenience to the public in many contexts. 47 The predominantly paper-based voter registration application process in 48 New York is antiquated and must be supplemented with on-line voter 49 registration. To remove unnecessary burdens to the fundamental right of 50 the people to vote, the State Board of Elections shall establish theS. 1505--C 73 A. 2005--C 1 Voter Enfranchisement Modernization Program for the purpose of increas- 2 ing opportunities for voter registration by any person who is qualified 3 to be a voter under Article II of the New York State Constitution. This 4 effort modernizes voter registration and supplements the methods of 5 voter registration provided under current law. 6 § 3. Article 5 of the election law is amended by adding a new title 8 7 to read as follows: 8 TITLE VIII 9 ELECTRONIC PERSONAL VOTER REGISTRATION PROCESS 10 Section 5-800. Electronic voter registration transmittal system. 11 5-802. Online voter registration application. 12 5-804. Failure to provide exemplar signature not to prevent 13 registration. 14 § 5-800. Electronic voter registration transmittal system. In addition 15 to any other means of voter registration provided for by this chapter, 16 the state board of elections shall establish and maintain an electronic 17 voter registration transmittal system through which applicants may apply 18 to register to vote online. The state board of elections shall elec- 19 tronically transmit such applications to the applicable board of 20 elections of each county or the city of New York for filing, processing 21 and verification consistent with this chapter. In accordance with tech- 22 nical specifications provided by the state board of elections, each 23 board of elections shall maintain a voter registration system capable of 24 receiving and processing voter registration application information, 25 including electronic signatures, from the electronic voter registration 26 transmittal system established by the state board of elections. Notwith- 27 standing any other inconsistent provision of this chapter, applications 28 filed using such system shall be considered filed with the applicable 29 board of elections on the calendar date the application is initially 30 transmitted by the voter through the electronic voter registration tran- 31 smittal system. 32 § 5-802. Online voter registration application. 1. A voter shall be 33 able to apply to register to vote using a personal online voter regis- 34 tration application submitted through the electronic voter registration 35 transmittal system when the voter: 36 (a) completes an electronic voter registration application promulgated 37 by the state board of elections which shall include all of the voter 38 registration information required by section 5-210 of this article; and 39 (b) affirms, subject to penalty of perjury, by means of electronic or 40 manual signature, that the information contained in the voter registra- 41 tion application is true and that the applicant meets all of the quali- 42 fications to become a registered voter; and 43 (c) consents to the use of an electronic copy of the individual's 44 manual signature that is in the custody of the department of motor vehi- 45 cles, the state board of elections, or other agency designated by 46 sections 5-211 or 5-212 of this article, as the individual's voter 47 registration exemplar signature, or provides such a signature by direct 48 upload in a manner that complies with the New York state electronic 49 signature and records act and the rules and regulations promulgated by 50 the state board of elections. 51 2. The board of elections shall provide the personal online voter 52 registration application in any language required by the federal Voting 53 Rights Act of 1965 (52 U.S.C. Sec. 10503) in any county in the state. 54 3. The online voter registration application process shall provide 55 reasonable accommodations to improve accessibility for persons with 56 disabilities, and shall be compatible for use with standard onlineS. 1505--C 74 A. 2005--C 1 accessibility assistance tools for persons with visual, physical or 2 perceptive disabilities. 3 4. The state board of elections shall promulgate rules and regulations 4 for the creation and administration of an online voter registration 5 system pursuant to this section. 6 § 5-804. Failure to provide exemplar signature not to prevent regis- 7 tration. 1. If a voter registration exemplar signature is not provided 8 by an applicant who submits a voter registration application pursuant to 9 this title, the local board shall seek to obtain such exemplar signature 10 from the statewide voter registration database, the state board of 11 elections, or a state or local agency designated by section 5-211 or 12 5-212 of this article. 13 2. If such exemplar signature is not available from the statewide 14 voter registration database, the state board of elections, or a state or 15 local agency designated by section 5-211 or 5-212 of this article, the 16 local board of elections shall, absent another reason to reject the 17 application, proceed to register and, as applicable, enroll the appli- 18 cant. Within ten days of such action, the board of elections shall send 19 a standard form promulgated by the state board of elections to the voter 20 whose record lacks an exemplar signature, requiring such voter to submit 21 a signature for identification purposes. The voter shall submit to the 22 board of elections a voter registration exemplar signature by any one of 23 the following methods: in person, by mail with return postage paid 24 provided by the board of elections, by electronic mail, or by electronic 25 upload to the board of elections through the electronic voter registra- 26 tion transmittal system. If such voter does not provide the required 27 exemplar signature, when the voter appears to vote the voter shall be 28 entitled to vote by affidavit ballot. 29 § 4. The opening paragraph of section 9-209 of the election law, as 30 separately amended by chapters 3 and 6 of the laws of 2019, is amended 31 to read as follows: 32 Before completing the canvass of votes cast in any primary, general, 33 special, or other election at which voters are required to sign their 34 registration poll records before voting, the board of elections shall 35 proceed in the manner hereinafter prescribed to cast and canvass any 36 absentee, military, special presidential, special federal or other 37 special ballots and any ballots voted by voters who moved within the 38 state after registering, voters who are in inactive status, voters whose 39 registration was incorrectly transferred to another address even though 40 they did not move, voters whose registration poll records were missing 41 on the day of such election, voters who have not had their identity 42 previously verified, voters who submitted a voter registration applica- 43 tion through the electronic voter registration transmittal system but 44 did not provide the required exemplar signature, and voters whose regis- 45 tration poll records did not show them to be enrolled in the party in 46 which they claimed to be enrolled and voters incorrectly identified as 47 having already voted. Each such ballot shall be retained in the original 48 envelope containing the voter's affidavit and signature, in which it is 49 delivered to the board of elections until such time as it is to be cast 50 and canvassed. 51 § 5. Paragraph (a) of subdivision 2 of section 9-209 of the election 52 law is amended by adding a new paragraph (iv) to read as follows: 53 (iv) If the board of elections finds that a voter submitted a voter 54 registration application through the electronic voter registration tran- 55 smittal system and signed the affidavit ballot, the board shall cast and 56 canvass such ballot.S. 1505--C 75 A. 2005--C 1 § 6. This act shall take effect on the earlier occurrence of: (i) two 2 years after it shall have become a law; provided, however, the state 3 board of elections shall be authorized to implement necessary rules and 4 regulations and to take steps required to implement this act immediate- 5 ly; or (ii) five days after the date of certification by the state board 6 of elections that the information technology infrastructure to substan- 7 tially implement this act is functional. Provided, further that the 8 state board of elections shall notify the legislative bill drafting 9 commission upon the occurrence of the enactment of the legislation 10 provided for in this act in order that the commission may maintain an 11 accurate and timely effective data base of the official text of the laws 12 of the state of New York in furtherance of effectuating the provisions 13 of section 44 of the legislative law and section 70-b of the public 14 officers law. 15 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 16 sion, section or part of this act shall be adjudged by any court of 17 competent jurisdiction to be invalid, such judgment shall not affect, 18 impair, or invalidate the remainder thereof, but shall be confined in 19 its operation to the clause, sentence, paragraph, subdivision, section 20 or part thereof directly involved in the controversy in which such judg- 21 ment shall have been rendered. It is hereby declared to be the intent of 22 the legislature that this act would have been enacted even if such 23 invalid provisions had not been included herein. 24 § 3. This act shall take effect immediately provided, however, that 25 the applicable effective date of Parts A through CCC of this act shall 26 be as specifically set forth in the last section of such Parts.
