Bill Text: NY S05758 | 2011-2012 | General Assembly | Amended
Bill Title: Establishes limits upon school district and local government tax levies and provides for voter approval of such limits (Part A); provides for mandate relief (Parts B-D); authorizes tax increment bonds payable from real property taxes levied by a school district within a blighted project area (Part E); establishes a residential-commercial exemption program (Part F); authorizes certain counties, cities and school districts to impose up to a three percent rate of sales and compensating use taxes; preserves the authority of certain counties and a city to impose such taxes at rates in excess of three percent; repeals certain provisions thereof (Part G); relates to tax exemptions for new multiple dwellings; extends provisions relating to rent control (Part H); and establishes an exemption from local taxation in cities having a population of one million or more for newly constructed housing with 3 or less dwelling units.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO LOCAL GOVERNMENT [S05758 Detail]
Download: New_York-2011-S05758-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5758--A
2011-2012 Regular Sessions
I N S E N A T E
June 14, 2011
___________
Introduced by Sen. SKELOS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the general municipal law and the education law, in
relation to establishing limits upon school district and local govern-
ment tax levies (Part A); to amend the general municipal law and the
legislative law, in relation to mandate relief (Part B); to amend the
general municipal law, in relation to real property tax relief and
local government mandate reform; to amend the general municipal law,
in relation to requiring the state to fund certain programs mandated
for municipal corporations; to amend the general municipal law and the
legislative law, in relation to requiring fiscal notes for bills
enacting mandates upon local governments and school districts; to
amend the state administrative procedure act, in relation to requiring
fiscal impact notes on regulations, rules or orders affecting poli-
tical subdivisions; to amend the state technology law, in relation to
sending notices, bills and other communications by electronic means in
a city with a population of one million or more; to amend the execu-
tive law, in relation to detailed reporting of the administration and
enforcement of the New York state uniform fire prevention and building
code; to amend the general municipal law and the county law, in
relation to purchases through the office of general services; to amend
the executive law, in relation to the bulk electricity purchasing
program; to amend the general municipal law, in relation to providing
local governments greater contract flexibility and cost savings by
permitting certain shared purchasing among political subdivisions; to
amend the insurance law, in relation to authorizing any city with a
population of one million or more to provide wrap-up insurance
programs and surety bonds for their public building and construction
projects; to amend the education law, in relation to requiring the
state to fund certain programs mandated for school districts and the
effect of mandates on school districts; to amend the education law, in
relation to the adoption of professional development plans for teach-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13148-03-1
S. 5758--A 2
ers; in relation to shared superintendent programs; in relation to
approval of certain leases by the commissioner of education; to amend
the general municipal law, in relation to the period of validity of
certificates attesting to the satisfactory completion of an approved
police basic training program; to amend the penal law and the criminal
procedure law, in relation to the storage and destruction of goods and
articles relating to the offenses of trademark counterfeiting and
unauthorized recordings; to amend the social services law, in relation
to co-payment for emergency room services; to amend the tax law, in
relation to tax credits for premiums; to amend the social services law
and the insurance law, in relation to directing the department of
health to submit an amendment to the plan for medical assistance; and
to direct the department of insurance to adopt any necessary conform-
ing amendments to regulations or other rules; to amend the education
law, in relation to authorizing the board of cooperative educational
services to form health insurance trusts with component school
districts; to amend the social services law, in relation to applica-
tions for medical assistance; to amend the social services law, in
relation to allowing local social services districts discretion to
provide certain Medicaid services and to cover certain categories of
eligibility; in relation to submission of evidence at fair hearings;
to amend the mental hygiene law, in relation to the costs of prose-
cution of an inmate-patient of a state psychiatric facility; to amend
the highway law and the vehicle and traffic law, in relation to the
maintenance, improvement and repair of certain town highways; to amend
the highway law, in relation to permitting two or more towns to joint-
ly purchase highway equipment; to amend the highway law, in relation
to raising the threshold for requiring competitive bid contracts for
local street or highways projects; to amend the highway law, in
relation to consolidated local highway assistance payments and direct-
ing the New York state department of transportation to revise codes,
rules or regulations in relation thereto; authorizing a county to
enter into a cooperative agreement with school districts, towns and
villages within such county to provide for health care benefits for
their employees; to amend the executive law, in relation to the rule-
making powers of the division of criminal justice services; to amend
the labor law, in relation to the definition of fiscal officer for the
purposes of the prevailing wage for building services employees; to
amend the mental hygiene law, in relation to notifying the local
department of social services upon the death of an incapacitated
person; to amend the social services law, in relation to the use of
funds for child care programs and public assistance employment
programs; to amend the social services law, in relation to the rule-
making powers of the department of social services to provide support
and incentives encouraging the merging or cooperating of counties and
local social services districts; to amend the executive law, in
relation to permitting local social services districts to enter into
multi-year contracts and to apply for waivers from certain non-statu-
tory regulations; to amend the general municipal law, the education
law and the retirement and social security law, in relation to estab-
lishing an optional retirement program for employees of munici-
palities, local governments and schools; to amend the education law,
in relation to certain regional transportation services; to amend the
education law, in relation to the evaluation of certain students who
have individualized education programs; to amend the education law, in
relation to the transportation of students based upon patterns of
S. 5758--A 3
actual ridership; to amend the education law, in relation to authoriz-
ing boards of cooperative educational services to engage in collective
bargaining with employee organizations representing teachers and other
employees of component school districts; to require school districts
to conform with all federal laws and regulations relating to special
education programs and services to students with disabilities; to
amend the executive law, in relation to modernizing code enforcement
training programs; to amend the insurance law, in relation to except-
ing from community rating requirements group health insurance policies
issued to multiple employer trusts consisting of municipal corpo-
rations and public benefit corporations; to amend the general munici-
pal law, in relation to advertising for bids; to amend the education
law, in relation to health care premium contribution; to amend the
highway law, in relation to services and reimbursement; to amend the
labor law, in relation to prevailing wages; to amend the general
municipal law and the civil service law, in relation to real property
tax relief and local government mandate reform; to amend the labor
law, in relation to requiring employers to provide safety ropes and
system components to firefighters; and to repeal certain provisions of
the penal law relating to the storage and destruction of goods and
articles relating to the offenses of trademark counterfeiting and
unauthorized recordings (Part C); and to amend the general municipal
law, in relation to contracts for public work projects; to amend the
insurance law, in relation to authorizing the state, public corpo-
rations and public authorities to provide wrap-up insurance programs
and surety bonds for their public building and construction projects;
to amend the New York city charter, in relation to the publication of
the City Record; to amend the general municipal law, in relation to
acquisition and use of credit cards by local governments; to amend the
local finance law, in relation to credit card agreements by munici-
palities and school districts; to amend the municipal home rule law,
in relation to filing and publication of local laws; to repeal subdi-
vision 5 of section 27 of the municipal home rule law relating there-
to; to amend the general municipal law, in relation to the validity of
police officer and peace officer training certificates; to amend the
correction law and the criminal procedure law, in relation to permit-
ting sex offenders to make electronic appearances in lieu of a
personal appearance in certain circumstances; to amend the correction
law, in relation to the placement of inmates; to amend the general
municipal law, in relation to apportioning the expenses of police
department members in attending police training schools; to repeal
section 207-m of the general municipal law relating to salary
increases for heads of police departments of municipalities, districts
or authorities; to amend the criminal procedure law, in relation to
the storage and destruction of goods and articles relating to the
offenses of trademark counterfeiting and unauthorized recordings; to
amend the county law, in relation to residence of assistant district
attorneys and to repeal subdivision 6 of section 702 of the county law
relating thereto; to amend the criminal procedure law, in relation to
the prosecution of the offense of identity theft; to amend the family
court act, in relation to inter-county probation; to amend the general
municipal law and the public housing law, in relation to filing
requirements for municipalities regarding urban renewal plans and
creation of urban renewal agencies and authorities; to amend the
social services law, in relation to a wage reporting system; to amend
the social services law and the eligibility for child care assistance;
S. 5758--A 4
to amend the state finance law, in relation to the quality child care
and protection fund; to amend the tax law, in relation to utilization
of wage information for determining eligibility for child care assist-
ance; to amend the family court act, in relation to court ordered
investigations; to amend the family court act and the social services
law, in relation to testimony and attendance by telephone, audio-visu-
al means, or other electronic means; to amend the social services law,
in relation to the length of licenses to board children, training of
child protective service caseworkers and non-residential services for
victims of domestic violence; to repeal subdivision 5 of section 423
of the social services law relating to the responsibilities of child
protective services; to amend the education law, in relation to census
reporting; to amend the education law, in relation to funding of
certain capital projects and auditing of claims; to amend the educa-
tion law, in relation to children with disabilities; and to repeal
certain provisions of the education law relating thereto (Part D); to
amend the general municipal law, in relation to the municipal redevel-
opment law authorizing tax increment bonds payable from and secured by
real property taxes levied by a school district within a project area
(Part E); to amend the real property tax law, in relation to estab-
lishing a residential-commercial exemption program (Part F); to amend
the tax law, in relation to authorizing certain counties, cities and
school districts to impose up to a three percent rate of sales and
compensating use taxes pursuant to the authority of article 29 of such
law and to preserve the authority of certain counties and a city to
impose such taxes at rates in excess of three percent; and to repeal
certain provisions of such law relating thereto (Part G); to amend the
real property tax law, in relation to tax exemption for new multiple
dwellings (Subpart A); to amend the real property tax law, in relation
to eliminating the expiration of exemptions of new multiple dwellings
from local taxation; to amend chapter 576 of the laws of 1974 amending
the emergency housing rent control law relating to the control of and
stabilization of rent in certain cases, chapter 329 of the laws of
1963 amending the emergency housing rent control law relating to
recontrol of rents in Albany, chapter 555 of the laws of 1982 amending
the general business law and the administrative code of the city of
New York relating to conversion of residential property to cooper-
ative or condominium ownership in the city of New York, chapter 402 of
the laws of 1983 amending the general business law relating to conver-
sions of rental residential property to cooperative or condominium
ownership in certain municipalities in the counties of Nassau, West-
chester and Rockland, in relation to making the provisions thereof
permanent; and to repeal certain provisions of the emergency housing
rent control law and the rent regulation reform act of 1997 relating
to the expiration of such provisions, to amend the public housing law,
in relation to succession; to amend the administrative code of the
city of New York and the emergency tenant protection act of nineteen
seventy-four, in relation to rent increases for substantial modifica-
tions or improvements, in relation to limiting rent increase after
vacancy of a housing accommodation, and lease terms; and to amend the
emergency tenant protection act of nineteen seventy-four, the emergen-
cy housing rent control law and the administrative code of the city of
New York, in relation to the deregulation of rents (Subpart B); and to
amend the administrative code of the city of New York and the emergen-
cy tenant protection act of nineteen seventy-four, in relation to
S. 5758--A 5
determining primary residency of rent regulated housing accommodations
(Subpart C)(Part H)
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 relating to real property tax levies, rent regulation, exemption from
3 local taxation and mandate relief. Each component is wholly contained
4 within a Part identified as Parts A through I. The effective date for
5 each particular provision contained within such Part is set forth in the
6 last section of such Part. Any provision in any section contained within
7 a Part, including the effective date of the Part, which makes a refer-
8 ence to a section "of this act", when used in connection with that
9 particular component, shall be deemed to mean and refer to the corre-
10 sponding section of the Part in which it is found. Section three of this
11 act sets forth the general effective date of this act.
12 PART A
13 Section 1. The general municipal law is amended by adding a new
14 section 3-c to read as follows:
15 S 3-C. LIMIT UPON REAL PROPERTY TAX LEVIES BY LOCAL GOVERNMENTS. 1.
16 UNLESS OTHERWISE PROVIDED BY LAW, THE AMOUNT OF REAL PROPERTY TAXES THAT
17 MAY BE LEVIED BY OR ON BEHALF OF ANY LOCAL GOVERNMENT, OTHER THAN THE
18 CITY OF NEW YORK AND THE COUNTIES CONTAINED THEREIN, SHALL NOT EXCEED
19 THE TAX LEVY LIMIT ESTABLISHED PURSUANT TO THIS SECTION.
20 2. WHEN USED IN THIS SECTION:
21 (A) "ALLOWABLE LEVY GROWTH FACTOR" SHALL BE THE LESSER OF: (I) ONE AND
22 TWO ONE-HUNDREDTHS; OR (II) THE SUM OF ONE PLUS THE INFLATION FACTOR;
23 PROVIDED, HOWEVER, THAT IN NO CASE SHALL THE LEVY GROWTH FACTOR BE LESS
24 THAN ONE.
25 (B) "AVAILABLE CARRYOVER" MEANS THE AMOUNT BY WHICH THE TAX LEVY FOR
26 THE PRIOR FISCAL YEAR WAS BELOW THE TAX LEVY LIMIT FOR SUCH FISCAL YEAR,
27 IF ANY, BUT NO MORE THAN AN AMOUNT THAT EQUALS ONE AND ONE-HALF PERCENT
28 OF THE TAX LEVY LIMIT FOR SUCH FISCAL YEAR.
29 (C) "COMING FISCAL YEAR" MEANS THE FISCAL YEAR OF THE LOCAL GOVERNMENT
30 FOR WHICH A TAX LEVY LIMIT SHALL BE DETERMINED PURSUANT TO THIS SECTION.
31 (D) "INFLATION FACTOR" MEANS THE QUOTIENT OF: (I) THE AVERAGE OF THE
32 NATIONAL CONSUMER PRICE INDEXES DETERMINED BY THE UNITED STATES DEPART-
33 MENT OF LABOR FOR THE TWELVE-MONTH PERIOD ENDING SIX MONTHS PRIOR TO THE
34 START OF THE COMING FISCAL YEAR MINUS THE AVERAGE OF THE NATIONAL
35 CONSUMER PRICE INDEXES DETERMINED BY THE UNITED STATES DEPARTMENT OF
36 LABOR FOR THE TWELVE-MONTH PERIOD ENDING SIX MONTHS PRIOR TO THE START
37 OF THE PRIOR FISCAL YEAR, DIVIDED BY: (II) THE AVERAGE OF THE NATIONAL
38 CONSUMER PRICE INDEXES DETERMINED BY THE UNITED STATES DEPARTMENT OF
39 LABOR FOR THE TWELVE-MONTH PERIOD ENDING SIX MONTHS PRIOR TO THE START
40 OF THE PRIOR FISCAL YEAR, WITH THE RESULT EXPRESSED AS A DECIMAL TO FOUR
41 PLACES.
42 (E) "LOCAL GOVERNMENT" MEANS A COUNTY, CITY, TOWN, VILLAGE, FIRE
43 DISTRICT, OR SPECIAL DISTRICT INCLUDING BUT NOT LIMITED TO A DISTRICT
44 CREATED PURSUANT TO ARTICLE TWELVE OR TWELVE-A, OR GOVERNED BY ARTICLE
45 THIRTEEN OF THE TOWN LAW, OR CREATED PURSUANT TO ARTICLE FIVE-A, FIVE-B
46 OR FIVE-D OF THE COUNTY LAW, CHAPTER FIVE HUNDRED SIXTEEN OF THE LAWS OF
47 NINETEEN HUNDRED TWENTY-EIGHT, OR CHAPTER TWO HUNDRED SEVENTY-THREE OF
S. 5758--A 6
1 THE LAWS OF NINETEEN HUNDRED THIRTY-NINE, AND SHALL INCLUDE TOWN
2 IMPROVEMENTS PROVIDED PURSUANT TO ARTICLES THREE-A AND TWELVE-C OF THE
3 TOWN LAW BUT SHALL NOT INCLUDE THE CITY OF NEW YORK OR THE COUNTIES
4 CONTAINED THEREIN.
5 (F) "PRIOR FISCAL YEAR" MEANS THE FISCAL YEAR OF THE LOCAL GOVERNMENT
6 IMMEDIATELY PRECEDING THE COMING FISCAL YEAR.
7 (G) "TAX LEVY LIMIT" MEANS THE AMOUNT OF TAXES AUTHORIZED TO BE LEVIED
8 BY OR ON BEHALF OF A LOCAL GOVERNMENT PURSUANT TO THIS SECTION,
9 PROVIDED, HOWEVER, THAT THE TAX LEVY LIMIT SHALL NOT INCLUDE THE FOLLOW-
10 ING:
11 (I) A TAX LEVY NECESSARY FOR EXPENDITURES RESULTING FROM COURT ORDERS
12 OR JUDGMENTS AGAINST THE LOCAL GOVERNMENT ARISING OUT OF TORT ACTIONS
13 FOR ANY AMOUNT THAT EXCEEDS FIVE PERCENT OF THE TOTAL TAX LEVIED IN THE
14 PRIOR FISCAL YEAR;
15 (II) IN YEARS IN WHICH THE SYSTEM AVERAGE ACTUARIAL CONTRIBUTION RATE
16 OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, AS DEFINED
17 BY PARAGRAPH TEN OF SUBDIVISION A OF SECTION NINETEEN-A OF THE RETIRE-
18 MENT AND SOCIAL SECURITY LAW, INCREASES BY MORE THAN TWO PERCENTAGE
19 POINTS FROM THE PREVIOUS YEAR, A TAX LEVY NECESSARY FOR EXPENDITURES FOR
20 THE COMING FISCAL YEAR FOR LOCAL GOVERNMENT EMPLOYER CONTRIBUTIONS TO
21 THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM CAUSED BY
22 GROWTH IN THE SYSTEM AVERAGE ACTUARIAL CONTRIBUTION RATE MINUS TWO
23 PERCENTAGE POINTS;
24 (III) IN YEARS IN WHICH THE SYSTEM AVERAGE ACTUARIAL CONTRIBUTION RATE
25 OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM, AS
26 DEFINED BY PARAGRAPH ELEVEN OF SUBDIVISION A OF SECTION THREE HUNDRED
27 NINETEEN-A OF THE RETIREMENT AND SOCIAL SECURITY LAW, INCREASES BY MORE
28 THAN TWO PERCENTAGE POINTS FROM THE PREVIOUS YEAR, A TAX LEVY NECESSARY
29 FOR EXPENDITURES FOR THE COMING FISCAL YEAR FOR LOCAL GOVERNMENT EMPLOY-
30 ER CONTRIBUTIONS TO THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIRE-
31 MENT SYSTEM CAUSED BY GROWTH IN THE SYSTEM AVERAGE ACTUARIAL CONTRIB-
32 UTION RATE MINUS TWO PERCENTAGE POINTS;
33 (IV) IN YEARS IN WHICH THE NORMAL CONTRIBUTION RATE OF THE NEW YORK
34 STATE TEACHERS' RETIREMENT SYSTEM, AS DEFINED BY PARAGRAPH A OF SUBDIVI-
35 SION TWO OF SECTION FIVE HUNDRED SEVENTEEN OF THE EDUCATION LAW,
36 INCREASES BY MORE THAN TWO PERCENTAGE POINTS FROM THE PREVIOUS YEAR, A
37 TAX LEVY NECESSARY FOR EXPENDITURES FOR THE COMING FISCAL YEAR FOR LOCAL
38 GOVERNMENT EMPLOYER CONTRIBUTIONS TO THE NEW YORK STATE TEACHERS'
39 RETIREMENT SYSTEM CAUSED BY GROWTH IN THE NORMAL CONTRIBUTION RATE MINUS
40 TWO PERCENTAGE POINTS.
41 (H) "TAX" OR "TAXES" SHALL INCLUDE (I) A CHARGE IMPOSED UPON REAL
42 PROPERTY BY OR ON BEHALF OF A COUNTY, CITY, TOWN, VILLAGE OR SCHOOL
43 DISTRICT FOR MUNICIPAL OR SCHOOL DISTRICT PURPOSES, AND (II) SPECIAL AD
44 VALOREM LEVIES AND SPECIAL ASSESSMENTS AS DEFINED IN SUBDIVISIONS FOUR-
45 TEEN AND FIFTEEN OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX
46 LAW.
47 3. (A) SUBJECT TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION,
48 BEGINNING WITH THE FISCAL YEAR THAT BEGINS IN TWO THOUSAND TWELVE, NO
49 LOCAL GOVERNMENT SHALL ADOPT A BUDGET THAT REQUIRES A TAX LEVY THAT IS
50 GREATER THAN THE TAX LEVY LIMIT FOR THE COMING FISCAL YEAR. PROVIDED
51 HOWEVER THE TAX LEVY LIMIT SHALL NOT PROHIBIT A LEVY NECESSARY TO
52 SUPPORT THE EXPENDITURES PURSUANT TO SUBPARAGRAPHS (I) THROUGH (IV) OF
53 PARAGRAPH (G) OF SUBDIVISION TWO OF THIS SECTION.
54 (B)(I) THE COMMISSIONER OF TAXATION AND FINANCE SHALL CALCULATE A
55 QUANTITY CHANGE FACTOR FOR EACH LOCAL GOVERNMENT FOR THE COMING FISCAL
56 YEAR BASED UPON THE PHYSICAL OR QUANTITY CHANGE, AS DEFINED BY SECTION
S. 5758--A 7
1 TWELVE HUNDRED TWENTY OF THE REAL PROPERTY TAX LAW, REPORTED TO THE
2 COMMISSIONER OF TAXATION AND FINANCE BY THE ASSESSOR OR ASSESSORS PURSU-
3 ANT TO SECTION FIVE HUNDRED SEVENTY-FIVE OF THE REAL PROPERTY TAX LAW.
4 THE QUANTITY CHANGE FACTOR SHALL SHOW THE PERCENTAGE BY WHICH THE FULL
5 VALUE OF THE TAXABLE REAL PROPERTY IN THE LOCAL GOVERNMENT HAS CHANGED
6 DUE TO PHYSICAL OR QUANTITY CHANGE BETWEEN THE SECOND FINAL ASSESSMENT
7 ROLL OR ROLLS PRECEDING THE FINAL ASSESSMENT ROLL OR ROLLS UPON WHICH
8 TAXES ARE TO BE LEVIED, AND THE FINAL ASSESSMENT ROLL OR ROLLS IMME-
9 DIATELY PRECEDING THE FINAL ASSESSMENT ROLL OR ROLLS UPON WHICH TAXES
10 ARE TO BE LEVIED.
11 (II) AFTER DETERMINING THE QUANTITY CHANGE FACTOR FOR THE LOCAL
12 GOVERNMENT, THE COMMISSIONER OF TAXATION AND FINANCE SHALL PROCEED AS
13 FOLLOWS:
14 (A) IF THE QUANTITY CHANGE FACTOR IS NEGATIVE, THE COMMISSIONER OF
15 TAXATION AND FINANCE SHALL NOT DETERMINE A TAX BASE GROWTH FACTOR FOR
16 THE LOCAL GOVERNMENT.
17 (B) IF THE QUANTITY CHANGE FACTOR IS POSITIVE, THE COMMISSIONER OF
18 TAXATION AND FINANCE SHALL DETERMINE A TAX BASE GROWTH FACTOR FOR THE
19 LOCAL GOVERNMENT WHICH IS EQUAL TO ONE PLUS THE QUANTITY CHANGE FACTOR.
20 (III) THE COMMISSIONER OF TAXATION AND FINANCE SHALL NOTIFY THE STATE
21 COMPTROLLER AND EACH LOCAL GOVERNMENT OF THE APPLICABLE TAX BASE GROWTH
22 FACTORS, IF ANY, AS SOON THEREAFTER AS SUCH FACTORS ARE DETERMINED.
23 (C) EACH LOCAL GOVERNMENT SHALL CALCULATE THE TAX LEVY LIMIT APPLICA-
24 BLE TO THE COMING FISCAL YEAR WHICH SHALL BE DETERMINED AS FOLLOWS:
25 (I) ASCERTAIN THE TOTAL AMOUNT OF TAXES LEVIED FOR THE PRIOR FISCAL
26 YEAR.
27 (II) MULTIPLY THE RESULT BY THE TAX BASE GROWTH FACTOR, CALCULATED
28 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, IF ANY.
29 (III) ADD ANY PAYMENTS IN LIEU OF TAXES THAT WERE RECEIVABLE IN THE
30 PRIOR FISCAL YEAR.
31 (IV) SUBTRACT THE TAX LEVY NECESSARY TO SUPPORT EXPENDITURES PURSUANT
32 TO SUBPARAGRAPH (I) OF PARAGRAPH (G) OF SUBDIVISION TWO OF THIS SECTION
33 FOR THE PRIOR FISCAL YEAR, IF ANY.
34 (V) MULTIPLY THE RESULT BY THE ALLOWABLE LEVY GROWTH FACTOR.
35 (VI) SUBTRACT ANY PAYMENTS IN LIEU OF TAXES RECEIVABLE IN THE COMING
36 FISCAL YEAR.
37 (VII) ADD THE AVAILABLE CARRYOVER, IF ANY.
38 (D) WHENEVER THE RESPONSIBILITY AND ASSOCIATED COST OF A LOCAL GOVERN-
39 MENT FUNCTION IS TRANSFERRED TO ANOTHER LOCAL GOVERNMENT, THE STATE
40 COMPTROLLER SHALL DETERMINE THE COSTS AND SAVINGS ON THE AFFECTED LOCAL
41 GOVERNMENTS ATTRIBUTABLE TO SUCH TRANSFER FOR THE FIRST FISCAL YEAR
42 FOLLOWING THE TRANSFER, AND NOTIFY SUCH LOCAL GOVERNMENTS OF SUCH DETER-
43 MINATION AND THAT THEY SHALL ADJUST THEIR TAX LEVY LIMITS ACCORDINGLY.
44 4. (A) WHEN TWO OR MORE LOCAL GOVERNMENTS CONSOLIDATE, THE STATE COMP-
45 TROLLER SHALL DETERMINE THE TAX LEVY LIMIT FOR THE CONSOLIDATED LOCAL
46 GOVERNMENT FOR THE FIRST FISCAL YEAR FOLLOWING THE CONSOLIDATION BASED
47 ON THE RESPECTIVE TAX LEVY LIMITS OF THE COMPONENT LOCAL GOVERNMENTS
48 THAT FORMED SUCH CONSOLIDATED LOCAL GOVERNMENT FROM THE LAST FISCAL YEAR
49 PRIOR TO THE CONSOLIDATION.
50 (B) WHEN A LOCAL GOVERNMENT DISSOLVES, THE STATE COMPTROLLER SHALL
51 DETERMINE THE TAX LEVY LIMIT FOR THE LOCAL GOVERNMENT THAT ASSUMES THE
52 DEBTS, LIABILITIES, AND OBLIGATIONS OF SUCH DISSOLVED LOCAL GOVERNMENT
53 FOR THE FIRST FISCAL YEAR FOLLOWING THE DISSOLUTION BASED ON THE RESPEC-
54 TIVE TAX LEVY LIMITS OF SUCH DISSOLVED LOCAL GOVERNMENT AND SUCH LOCAL
55 GOVERNMENT THAT ASSUMES THE DEBTS, LIABILITIES, AND OBLIGATIONS OF SUCH
S. 5758--A 8
1 DISSOLVED LOCAL GOVERNMENT FROM THE LAST FISCAL YEAR PRIOR TO THE
2 DISSOLUTION.
3 (C) THE TAX LEVY LIMIT ESTABLISHED BY THIS SECTION SHALL NOT APPLY TO
4 THE FIRST FISCAL YEAR AFTER A LOCAL GOVERNMENT IS NEWLY ESTABLISHED OR
5 CONSTITUTED THROUGH A PROCESS OTHER THAN CONSOLIDATION OR DISSOLUTION.
6 5. A LOCAL GOVERNMENT MAY ADOPT A BUDGET THAT REQUIRES A TAX LEVY THAT
7 IS GREATER THAN THE TAX LEVY LIMIT FOR THE COMING FISCAL YEAR, NOT
8 INCLUDING ANY LEVY NECESSARY TO SUPPORT THE EXPENDITURES PURSUANT TO
9 SUBPARAGRAPHS (I) THROUGH (IV) OF PARAGRAPH G OF SUBDIVISION TWO OF THIS
10 SECTION, ONLY IF THE GOVERNING BODY OF SUCH LOCAL GOVERNMENT FIRST
11 ENACTS, BY A VOTE OF SIXTY PERCENT OF THE TOTAL VOTING POWER OF SUCH
12 BODY, A LOCAL LAW TO OVERRIDE SUCH LIMIT FOR SUCH COMING FISCAL YEAR
13 ONLY, OR IN THE CASE OF A DISTRICT OR FIRE DISTRICT, A RESOLUTION,
14 APPROVED BY A VOTE OF SIXTY PERCENT OF THE TOTAL VOTING POWER OF SUCH
15 BODY, TO OVERRIDE SUCH LIMIT FOR SUCH COMING FISCAL YEAR ONLY.
16 6. IN THE EVENT A LOCAL GOVERNMENT'S ACTUAL TAX LEVY FOR A GIVEN
17 FISCAL YEAR EXCEEDS THE TAX LEVY LIMIT AS ESTABLISHED PURSUANT TO THIS
18 SECTION DUE TO CLERICAL OR TECHNICAL ERRORS, THE LOCAL GOVERNMENT SHALL
19 PLACE THE EXCESS AMOUNT OF THE LEVY IN RESERVE IN ACCORDANCE WITH SUCH
20 REQUIREMENTS AS THE STATE COMPTROLLER MAY PRESCRIBE, AND SHALL USE SUCH
21 FUNDS AND ANY INTEREST EARNED THEREON TO OFFSET THE TAX LEVY FOR THE
22 ENSUING FISCAL YEAR. IF, UPON EXAMINATION PURSUANT TO SECTIONS THIRTY-
23 THREE AND THIRTY-FOUR OF THIS CHAPTER, THE STATE COMPTROLLER FINDS THAT
24 A LOCAL GOVERNMENT LEVIED TAXES IN EXCESS OF THE APPLICABLE TAX LEVY
25 LIMIT, THE LOCAL GOVERNMENT, AS SOON AS PRACTICABLE, SHALL PLACE AN
26 AMOUNT EQUAL TO THE EXCESS AMOUNT OF THE LEVY IN SUCH RESERVE IN ACCORD-
27 ANCE WITH THIS SUBDIVISION.
28 7. ALL LOCAL GOVERNMENTS SUBJECT TO THE PROVISIONS OF THIS SECTION
29 SHALL, PRIOR TO ADOPTING A BUDGET FOR THE COMING FISCAL YEAR, SUBMIT TO
30 THE STATE COMPTROLLER, IN A FORM AND MANNER AS HE OR SHE MAY PRESCRIBE,
31 ANY INFORMATION NECESSARY FOR CALCULATING THE TAX LEVY LIMIT FOR THE
32 COMING FISCAL YEAR.
33 S 2. The education law is amended by adding a new section 2023-a to
34 read as follows:
35 S 2023-A. LIMITATIONS UPON SCHOOL DISTRICT TAX LEVIES. 1. GENERALLY.
36 UNLESS OTHERWISE PROVIDED BY LAW, THE AMOUNT OF TAXES THAT MAY BE LEVIED
37 BY OR ON BEHALF OF ANY SCHOOL DISTRICT, OTHER THAN A CITY SCHOOL
38 DISTRICT OF A CITY WITH ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS OR
39 MORE, SHALL NOT EXCEED THE TAX LEVY LIMIT ESTABLISHED PURSUANT TO THIS
40 SECTION, NOT INCLUDING ANY TAX LEVY NECESSARY TO SUPPORT THE EXPENDI-
41 TURES PURSUANT TO SUBPARAGRAPHS (I) THROUGH (IV) OF PARAGRAPH I OF
42 SUBDIVISION TWO OF THIS SECTION.
43 2. DEFINITIONS. AS USED IN THIS SECTION:
44 A. "ALLOWABLE LEVY GROWTH FACTOR" SHALL BE THE LESSER OF: (I) ONE AND
45 TWO ONE-HUNDREDTHS; OR (II) THE SUM OF ONE PLUS THE INFLATION FACTOR;
46 PROVIDED, HOWEVER, THAT IN NO CASE SHALL THE LEVY GROWTH FACTOR BE LESS
47 THAN ONE.
48 B. "AVAILABLE CARRYOVER" MEANS THE AMOUNT BY WHICH THE TAX LEVY FOR
49 THE PRIOR SCHOOL YEAR WAS BELOW THE APPLICABLE TAX LEVY LIMIT FOR SUCH
50 SCHOOL YEAR, IF ANY, BUT NO MORE THAN AN AMOUNT THAT EQUALS ONE AND
51 ONE-HALF PERCENT OF THE TAX LEVY LIMIT FOR SUCH SCHOOL YEAR.
52 C. "CAPITAL LOCAL EXPENDITURES" MEANS THE TAXES ASSOCIATED WITH BUDG-
53 ETED EXPENDITURES RESULTING FROM THE FINANCING, REFINANCING, ACQUISI-
54 TION, DESIGN, CONSTRUCTION, RECONSTRUCTION, REHABILITATION, IMPROVEMENT,
55 FURNISHING AND EQUIPPING OF, OR OTHERWISE PROVIDING FOR SCHOOL DISTRICT
56 CAPITAL FACILITIES OR SCHOOL DISTRICT CAPITAL EQUIPMENT, INCLUDING DEBT
S. 5758--A 9
1 SERVICE AND LEASE EXPENDITURES, AND TRANSPORTATION CAPITAL DEBT SERVICE,
2 SUBJECT TO THE APPROVAL OF THE QUALIFIED VOTERS WHERE REQUIRED BY LAW.
3 D. "CAPITAL TAX LEVY" MEANS THE TAX LEVY NECESSARY TO SUPPORT CAPITAL
4 LOCAL EXPENDITURES, IF ANY.
5 E. "COMING SCHOOL YEAR" MEANS THE SCHOOL YEAR FOR WHICH TAX LEVY
6 LIMITS ARE BEING DETERMINED PURSUANT TO THIS SECTION.
7 F. "INFLATION FACTOR" MEANS THE QUOTIENT OF: (I) THE AVERAGE OF THE
8 NATIONAL CONSUMER PRICE INDEXES DETERMINED BY THE UNITED STATES DEPART-
9 MENT OF LABOR FOR THE TWELVE-MONTH PERIOD PRECEDING JANUARY FIRST OF THE
10 CURRENT YEAR MINUS THE AVERAGE OF THE NATIONAL CONSUMER PRICE INDEXES
11 DETERMINED BY THE UNITED STATES DEPARTMENT OF LABOR FOR THE TWELVE-MONTH
12 PERIOD PRECEDING JANUARY FIRST OF THE PRIOR YEAR, DIVIDED BY: (II) THE
13 AVERAGE OF THE NATIONAL CONSUMER PRICE INDEXES DETERMINED BY THE UNITED
14 STATES DEPARTMENT OF LABOR FOR THE TWELVE-MONTH PERIOD PRECEDING JANUARY
15 FIRST OF THE PRIOR YEAR, WITH THE RESULT EXPRESSED AS A DECIMAL TO FOUR
16 PLACES.
17 G. "PRIOR SCHOOL YEAR" MEANS THE SCHOOL YEAR IMMEDIATELY PRECEDING THE
18 COMING SCHOOL YEAR.
19 H. "SCHOOL DISTRICT" MEANS A COMMON SCHOOL DISTRICT, UNION FREE SCHOOL
20 DISTRICT, CENTRAL SCHOOL DISTRICT, CENTRAL HIGH SCHOOL DISTRICT OR A
21 CITY SCHOOL DISTRICT IN A CITY WITH LESS THAN ONE HUNDRED TWENTY-FIVE
22 THOUSAND INHABITANTS.
23 I. "TAX LEVY LIMIT" MEANS THE AMOUNT OF TAXES A SCHOOL DISTRICT IS
24 AUTHORIZED TO LEVY PURSUANT TO THIS SECTION, PROVIDED, HOWEVER, THAT THE
25 TAX LEVY LIMIT SHALL NOT INCLUDE THE FOLLOWING:
26 (I) A TAX LEVY NECESSARY FOR EXPENDITURES RESULTING FROM COURT ORDERS
27 OR JUDGMENTS AGAINST THE SCHOOL DISTRICT ARISING OUT OF TORT ACTIONS FOR
28 ANY AMOUNT THAT EXCEEDS FIVE PERCENT OF THE TOTAL TAX LEVIED IN THE
29 PRIOR SCHOOL YEAR;
30 (II) IN YEARS IN WHICH THE SYSTEM AVERAGE ACTUARIAL CONTRIBUTION RATE
31 OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, AS DEFINED
32 BY PARAGRAPH TEN OF SUBDIVISION A OF SECTION NINETEEN-A OF THE RETIRE-
33 MENT AND SOCIAL SECURITY LAW, INCREASES BY MORE THAN TWO PERCENTAGE
34 POINTS FROM THE PREVIOUS YEAR, A TAX LEVY NECESSARY FOR EXPENDITURES FOR
35 THE COMING FISCAL YEAR FOR SCHOOL DISTRICT EMPLOYER CONTRIBUTIONS TO THE
36 NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM CAUSED BY GROWTH
37 IN THE SYSTEM AVERAGE ACTUARIAL CONTRIBUTION RATE MINUS TWO PERCENTAGE
38 POINTS;
39 (III) IN YEARS IN WHICH THE NORMAL CONTRIBUTION RATE OF THE NEW YORK
40 STATE TEACHERS' RETIREMENT SYSTEM, AS DEFINED BY PARAGRAPH A OF SUBDIVI-
41 SION TWO OF SECTION FIVE HUNDRED SEVENTEEN OF THIS CHAPTER, INCREASES BY
42 MORE THAN TWO PERCENTAGE POINTS FROM THE PREVIOUS YEAR, A TAX LEVY
43 NECESSARY FOR EXPENDITURES FOR THE COMING FISCAL YEAR FOR SCHOOL
44 DISTRICT EMPLOYER CONTRIBUTIONS TO THE NEW YORK STATE TEACHERS' RETIRE-
45 MENT SYSTEM CAUSED BY GROWTH IN THE NORMAL CONTRIBUTION RATE MINUS TWO
46 PERCENTAGE POINTS; AND
47 (IV) A CAPITAL TAX LEVY.
48 2-A. TAX BASE GROWTH FACTOR. A. NO LATER THAN FEBRUARY FIFTEENTH OF
49 EACH YEAR, THE COMMISSIONER OF TAXATION AND FINANCE SHALL IDENTIFY THOSE
50 SCHOOL DISTRICTS FOR WHICH TAX BASE GROWTH FACTORS MUST BE DETERMINED
51 FOR THE COMING SCHOOL YEAR, AND SHALL NOTIFY THE COMMISSIONER OF THE TAX
52 BASE GROWTH FACTORS SO DETERMINED, IF ANY.
53 B. THE COMMISSIONER OF TAXATION AND FINANCE SHALL CALCULATE A QUANTITY
54 CHANGE FACTOR FOR THE COMING SCHOOL YEAR FOR EACH SCHOOL DISTRICT BASED
55 UPON THE PHYSICAL OR QUANTITY CHANGE, AS DEFINED BY SECTION TWELVE
56 HUNDRED TWENTY OF THE REAL PROPERTY TAX LAW, REPORTED TO THE COMMISSION-
S. 5758--A 10
1 ER OF TAXATION AND FINANCE BY THE ASSESSOR OR ASSESSORS PURSUANT TO
2 SECTION FIVE HUNDRED SEVENTY-FIVE OF THE REAL PROPERTY TAX LAW. THE
3 QUANTITY CHANGE FACTOR SHALL SHOW THE PERCENTAGE BY WHICH THE FULL VALUE
4 OF THE TAXABLE REAL PROPERTY IN THE SCHOOL DISTRICT HAS CHANGED DUE TO
5 PHYSICAL OR QUANTITY CHANGE BETWEEN THE SECOND FINAL ASSESSMENT ROLL OR
6 ROLLS PRECEDING THE FINAL ASSESSMENT ROLL OR ROLLS UPON WHICH TAXES ARE
7 TO BE LEVIED, AND THE FINAL ASSESSMENT ROLL OR ROLLS IMMEDIATELY PRECED-
8 ING THE FINAL ASSESSMENT ROLL OR ROLLS UPON WHICH TAXES ARE TO BE
9 LEVIED.
10 C. AFTER DETERMINING THE QUANTITY CHANGE FACTOR FOR A SCHOOL DISTRICT,
11 THE COMMISSIONER OF TAXATION AND FINANCE SHALL PROCEED AS FOLLOWS:
12 (I) IF THE QUANTITY CHANGE FACTOR IS NEGATIVE, THE COMMISSIONER OF
13 TAXATION AND FINANCE SHALL NOT DETERMINE A TAX BASE GROWTH FACTOR FOR
14 THE SCHOOL DISTRICT.
15 (II) IF THE QUANTITY CHANGE FACTOR IS POSITIVE, THE COMMISSIONER OF
16 TAXATION AND FINANCE SHALL DETERMINE A TAX BASE GROWTH FACTOR FOR THE
17 SCHOOL DISTRICT WHICH IS EQUAL TO ONE PLUS THE QUANTITY CHANGE FACTOR.
18 3. COMPUTATION OF TAX LEVY LIMITS. A. EACH SCHOOL DISTRICT SHALL
19 CALCULATE THE TAX LEVY LIMIT FOR EACH SCHOOL YEAR WHICH SHALL BE DETER-
20 MINED AS FOLLOWS:
21 (1) ASCERTAIN THE TOTAL AMOUNT OF TAXES LEVIED FOR THE PRIOR SCHOOL
22 YEAR.
23 (2) MULTIPLY THE RESULT BY THE TAX BASE GROWTH FACTOR, IF ANY.
24 (3) ADD ANY PAYMENTS IN LIEU OF TAXES THAT WERE RECEIVABLE IN THE
25 PRIOR SCHOOL YEAR.
26 (4) SUBTRACT THE TAX LEVY NECESSARY TO SUPPORT THE EXPENDITURES PURSU-
27 ANT TO SUBPARAGRAPHS (I) AND (IV) OF PARAGRAPH I OF SUBDIVISION TWO OF
28 THIS SECTION FOR THE PRIOR SCHOOL YEAR, IF ANY.
29 (5) MULTIPLY THE RESULT BY THE ALLOWABLE LEVY GROWTH FACTOR.
30 (6) SUBTRACT ANY PAYMENTS IN LIEU OF TAXES RECEIVABLE IN THE COMING
31 FISCAL YEAR.
32 (7) ADD THE AVAILABLE CARRYOVER, IF ANY.
33 B. ON OR BEFORE MARCH FIRST OF EACH YEAR, ANY SCHOOL DISTRICT SUBJECT
34 TO THE PROVISIONS OF THIS SECTION SHALL SUBMIT TO THE STATE COMPTROLLER,
35 THE COMMISSIONER, AND THE COMMISSIONER OF TAXATION AND FINANCE, IN A
36 FORM AND MANNER PRESCRIBED BY THE STATE COMPTROLLER, ANY INFORMATION
37 NECESSARY FOR THE CALCULATION OF THE TAX LEVY LIMIT; AND THE SCHOOL
38 DISTRICT'S DETERMINATION OF THE TAX LEVY LIMIT PURSUANT TO THIS SECTION
39 SHALL BE SUBJECT TO REVIEW BY THE COMMISSIONER AND THE COMMISSIONER OF
40 TAXATION AND FINANCE.
41 4. REORGANIZED SCHOOL DISTRICTS. WHEN TWO OR MORE SCHOOL DISTRICTS
42 REORGANIZE, THE COMMISSIONER SHALL DETERMINE THE TAX LEVY LIMIT FOR THE
43 REORGANIZED SCHOOL DISTRICT FOR THE FIRST SCHOOL YEAR FOLLOWING THE
44 REORGANIZATION BASED ON THE RESPECTIVE TAX LEVY LIMITS OF THE SCHOOL
45 DISTRICTS THAT FORMED THE REORGANIZED DISTRICT FROM THE LAST SCHOOL YEAR
46 IN WHICH THEY WERE SEPARATE DISTRICTS, PROVIDED THAT IN THE EVENT OF
47 FORMATION OF A NEW CENTRAL HIGH SCHOOL DISTRICT, THE TAX LEVY LIMITS FOR
48 THE NEW CENTRAL HIGH SCHOOL DISTRICT AND ITS COMPONENT SCHOOL DISTRICTS
49 SHALL BE DETERMINED IN ACCORDANCE WITH A METHODOLOGY PRESCRIBED BY THE
50 COMMISSIONER.
51 5. ERRONEOUS LEVIES. IN THE EVENT A SCHOOL DISTRICT'S ACTUAL TAX LEVY
52 FOR A GIVEN SCHOOL YEAR EXCEEDS THE MAXIMUM ALLOWABLE LEVY AS ESTAB-
53 LISHED PURSUANT TO THIS SECTION DUE TO CLERICAL OR TECHNICAL ERRORS, THE
54 SCHOOL DISTRICT SHALL PLACE THE EXCESS AMOUNT OF THE LEVY IN RESERVE IN
55 ACCORDANCE WITH SUCH REQUIREMENTS AS THE STATE COMPTROLLER MAY
S. 5758--A 11
1 PRESCRIBE, AND SHALL USE SUCH FUNDS AND ANY INTEREST EARNED THEREON TO
2 OFFSET THE TAX LEVY FOR THE ENSUING SCHOOL YEAR.
3 6. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN
4 THE EVENT THE TRUSTEE, TRUSTEES OR BOARD OF EDUCATION OF A SCHOOL
5 DISTRICT THAT IS SUBJECT TO THE PROVISIONS OF THIS SECTION PROPOSES A
6 BUDGET THAT WILL REQUIRE A TAX LEVY THAT EXCEEDS THE TAX LEVY LIMIT FOR
7 THE CORRESPONDING SCHOOL YEAR, NOT INCLUDING ANY LEVY NECESSARY TO
8 SUPPORT THE EXPENDITURES PURSUANT TO SUBPARAGRAPHS (I) THROUGH (IV) OF
9 PARAGRAPH I OF SUBDIVISION TWO OF THIS SECTION, THEN SUCH BUDGET SHALL
10 BE APPROVED IF SIXTY PERCENT OF THE VOTES CAST THEREON ARE IN THE AFFIR-
11 MATIVE.
12 (B) WHERE THE TRUSTEE, TRUSTEES OR BOARD OF EDUCATION PROPOSES A BUDG-
13 ET SUBJECT TO THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION, THE
14 BALLOT FOR SUCH BUDGET SHALL INCLUDE THE FOLLOWING STATEMENT IN SUBSTAN-
15 TIALLY THE SAME FORM: "ADOPTION OF THIS BUDGET REQUIRES A TAX LEVY
16 INCREASE OF WHICH EXCEEDS THE STATUTORY TAX LEVY INCREASE LIMIT
17 OF FOR THIS SCHOOL FISCAL YEAR AND THEREFORE EXCEEDS THE STATE TAX
18 CAP AND MUST BE APPROVED BY SIXTY PERCENT OF THE QUALIFIED VOTERS PRES-
19 ENT AND VOTING."
20 7. IN THE EVENT THAT THE ORIGINAL PROPOSED BUDGET IS NOT APPROVED BY
21 THE VOTERS, THE SOLE TRUSTEE, TRUSTEES OR BOARD OF EDUCATION MAY ADOPT A
22 FINAL BUDGET PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION OR RESUBMIT
23 TO THE VOTERS THE ORIGINAL OR A REVISED BUDGET AT A SPECIAL DISTRICT
24 MEETING IN ACCORDANCE WITH SUBDIVISION THREE OF SECTION TWO THOUSAND
25 SEVEN OF THIS PART. UPON ONE DEFEAT OF SUCH RESUBMITTED BUDGET, THE
26 SOLE TRUSTEE, TRUSTEES OR BOARD OF EDUCATION SHALL ADOPT A FINAL BUDGET
27 PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION.
28 8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
29 QUALIFIED VOTERS FAIL TO APPROVE THE PROPOSED SCHOOL DISTRICT BUDGET
30 UPON RESUBMISSION OR UPON A DETERMINATION NOT TO RESUBMIT FOR A SECOND
31 VOTE PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION, THE SOLE TRUSTEE,
32 TRUSTEES OR BOARD OF EDUCATION SHALL LEVY A TAX NO GREATER THAN THE TAX
33 THAT WAS LEVIED FOR THE PRIOR SCHOOL YEAR.
34 9. NOTHING IN THIS SECTION SHALL PRECLUDE THE TRUSTEE, TRUSTEES, OR
35 BOARD OF EDUCATION OF A SCHOOL DISTRICT, IN THEIR DISCRETION, FROM
36 SUBMITTING ADDITIONAL ITEMS OF EXPENDITURES TO THE VOTERS FOR APPROVAL
37 AS SEPARATE PROPOSITIONS OR THE VOTERS FROM SUBMITTING PROPOSITIONS
38 PURSUANT TO SECTIONS TWO THOUSAND EIGHT AND TWO THOUSAND THIRTY-FIVE OF
39 THIS PART; PROVIDED HOWEVER, EXCEPT IN THE CASE OF A PROPOSITION SUBMIT-
40 TED FOR ANY EXPENDITURE CONTAINED WITHIN SUBPARAGRAPHS (I) THROUGH (IV)
41 OF PARAGRAPH I OF SUBDIVISION TWO OF THIS SECTION, IF ANY PROPOSITION,
42 OR PROPOSITIONS COLLECTIVELY THAT ARE SUBJECT TO A VOTE ON THE SAME
43 DATE, WOULD REQUIRE AN EXPENDITURE OF MONEY THAT WOULD REQUIRE A TAX
44 LEVY AND WOULD RESULT IN THE TAX LEVY LIMIT BEING EXCEEDED FOR THE
45 CORRESPONDING SCHOOL YEAR THEN SUCH PROPOSITION SHALL BE APPROVED IF
46 SIXTY PERCENT OF THE VOTES CAST THEREON ARE IN THE AFFIRMATIVE.
47 S 3. Section 2023 of the education law, as amended by section 24 of
48 part A of chapter 436 of the laws of 1997, subdivision 1 as amended by
49 chapter 682 of the laws of 2002, subparagraphs (v) and (vi) of paragraph
50 b of subdivision 4 as separately amended by section 1 of part D-2 of
51 chapter 57 and chapter 422 of the laws of 2007, subparagraph (vii) of
52 paragraph b of subdivision 4 as added by section 1 of part D-2 of chap-
53 ter 57 of the laws of 2007, subparagraph (vii) of paragraph b of subdi-
54 vision 4 as added by chapter 422 of the laws of 2007 and paragraph b-1
55 of subdivision 4 as amended by section 5 of part B of chapter 57 of the
56 laws of 2008, is amended to read as follows:
S. 5758--A 12
1 S 2023. Levy of tax for certain purposes without vote; contingency
2 budget. 1. If the qualified voters shall neglect or refuse to vote the
3 sum estimated necessary for teachers' salaries, after applying thereto
4 the public school moneys, and other moneys received or to be received
5 for that purpose, or if they shall neglect or refuse to vote the sum
6 estimated necessary for ordinary contingent expenses, including the
7 purchase of library books and other instructional materials associated
8 with a library and expenses incurred for interschool athletics, field
9 trips and other extracurricular activities and the expenses for cafete-
10 ria or restaurant services, the sole trustee, board of trustees, or
11 board of education shall adopt a contingency budget including such
12 expenses and shall levy a tax, SUBJECT TO THE RESTRICTIONS AS SET FORTH
13 IN SUBDIVISION FOUR OF THIS SECTION AND SUBDIVISION EIGHT OF SECTION TWO
14 THOUSAND TWENTY-THREE-A OF THIS PART, for the same, in like manner as if
15 the same had been voted by the qualified voters, subject to the limita-
16 tions contained in subdivisions three and four of this section.
17 2. Notwithstanding the defeat of a school budget, school districts
18 shall continue to transport students to and from the regular school
19 program in accordance with the mileage limitations previously adopted by
20 the qualified voters of the school district. Such mileage limits shall
21 change only when amended by a special proposition passed by a majority
22 of the qualified voters of the school district. In cases where the
23 school budget is defeated by such qualified voters of the school
24 district, appropriations for transportation costs for purposes other
25 than for transportation to and from the regular school program, and
26 transportation that would constitute an ordinary contingent expense
27 pursuant to subdivision one of this section, shall be authorized in the
28 budget only after approval by the qualified voters of the district.
29 3. The administrative component of a contingency budget shall not
30 comprise a greater percentage of the contingency budget exclusive of the
31 capital component than the lesser of (1) the percentage the administra-
32 tive component had comprised in the prior year budget exclusive of the
33 capital component; or (2) the percentage the administrative component
34 had comprised in the last proposed defeated budget exclusive of the
35 capital component.
36 4. a. The contingency budget shall not result in a [percentage
37 increase in total spending over the district's total spending under the
38 school district budget for the prior school year that exceeds the lesser
39 of: (i) the result obtained when one hundred twenty percent is multi-
40 plied by the percentage increase in the consumer price index, with the
41 result rounded to two decimal places; or (ii) four percent.
42 b. The following types of expenditures shall be disregarded in deter-
43 mining total spending:
44 (i) expenditures resulting from a tax certiorari proceeding;
45 (ii) expenditures resulting from a court order or judgment against the
46 school district;
47 (iii) emergency expenditures that are certified by the commissioner as
48 necessary as a result of damage to, or destruction of, a school building
49 or school equipment;
50 (iv) capital expenditures resulting from the construction, acquisi-
51 tion, reconstruction, rehabilitation or improvement of school facili-
52 ties, including debt service and lease expenditures, subject to the
53 approval of the qualified voters where required by law;
54 (v) expenditures in the contingency budget attributable to projected
55 increases in public school enrollment, which, for the purpose of this
56 subdivision, may include increases attributable to the enrollment of
S. 5758--A 13
1 students attending a pre-kindergarten program established in accordance
2 with section thirty-six hundred two-e of this chapter, to be computed
3 based upon an increase in enrollment from the year prior to the base
4 year for which the budget is being adopted to the base year for which
5 the budget is being adopted, provided that where the trustees or board
6 of education have documented evidence that a further increase in enroll-
7 ment will occur during the school year for which the contingency budget
8 is prepared because of new construction, inception of a pre-kindergarten
9 program, growth or similar factors, the expenditures attributable to
10 such additional enrollment may also be disregarded;
11 (vi) non-recurring expenditures in the prior year's school district
12 budget; and
13 (vii) expenditures for payments to charter schools pursuant to section
14 twenty-eight hundred fifty-six of this chapter.
15 (vii) expenditures for self-supporting programs. For purposes of this
16 subparagraph, "self-supporting programs" shall mean any programs that
17 are entirely funded by private funds that cover all the costs of the
18 program.
19 b-1. Notwithstanding any other provision of this subdivision to the
20 contrary, in the event a state grant in aid provided to the district in
21 the prior year is eliminated and incorporated into a non-categorical
22 general state aid in the current school year, the amount of such grant
23 may be included in the computation of total spending for the prior
24 school year, provided that the commissioner has verified that the grant
25 in aid has been incorporated into such non-categorical general state
26 aid] TAX LEVY GREATER THAN THE TAX LEVIED FOR THE PRIOR SCHOOL YEAR.
27 [c.] B. The resolution of the trustee, board of trustees, or board of
28 education adopting a contingency budget shall incorporate by reference a
29 statement specifying the projected percentage increase or decrease in
30 total spending for the school year, and explaining the reasons for
31 disregarding any portion of an increase in spending in formulating the
32 contingency budget.
33 [d.] C. Notwithstanding any other provision of law to the contrary,
34 the trustees or board of education shall not be authorized to amend or
35 revise a final contingency budget where such amendment or revision would
36 result in total spending in excess of the spending limitation in para-
37 graph (a) of this subdivision; provided that the trustees or board of
38 education shall be authorized to add appropriations for[:
39 (i) the categories of expenditures excluded from the spending limita-
40 tions set forth in paragraph (b) of this subdivision, subject to
41 approval of the qualified voters where required by law;
42 (ii) expenditures resulting from an actual increase in enrollment over
43 the projected enrollment used to develop the contingency budget,
44 provided that where such actual enrollment is less than such projected
45 enrollment, it shall be the duty of the trustees or board of education
46 to use such excess funds to reduce taxes; and
47 (iii)] the expenditure of gifts, grants in aid for specific purposes
48 or for general use or insurance proceeds authorized pursuant to subdivi-
49 sion two of [sudivision] SECTION seventeen hundred eighteen of this
50 chapter in addition to that which has been previously budgeted.
51 [e. For the purposes of this subdivision:
52 (i) "Base school year" shall mean the school year immediately preced-
53 ing the school year for which the contingency budget is prepared.
54 (ii) "Consumer price index" shall mean the percentage that represents
55 the average of the national consumer price indexes determined by the
S. 5758--A 14
1 United States department of labor, for the twelve month period preceding
2 January first of the current year.
3 (iii) "Current year" shall mean the calendar year in which the school
4 district budget is submitted for a vote of the qualified voters.
5 (iv) "Resident public school district enrollment shall mean the resi-
6 dent public school enrollment of the school district as defined in para-
7 graph n of subdivision one of section thirty-six hundred two of this
8 chapter.
9 (v) "Total spending" shall mean the total amount appropriated under
10 the school district budget for the school year.]
11 S 4. Paragraph a of subdivision 7 of section 1608 of the education
12 law, as amended by chapter 238 of the laws of 2007, is amended to read
13 as follows:
14 a. Each year, commencing with the proposed budget for the two thou-
15 sand--two thousand one school year, the trustee or board of trustees
16 shall prepare a property tax report card, pursuant to regulations of the
17 commissioner, and shall make it publicly available by transmitting it to
18 local newspapers of general circulation, appending it to copies of the
19 proposed budget made publicly available as required by law, making it
20 available for distribution at the annual meeting, and otherwise dissem-
21 inating it as required by the commissioner. Such report card shall
22 include: (i) the amount of total spending and total estimated school tax
23 levy that would result from adoption of the proposed budget and the
24 percentage increase or decrease in total spending and total school tax
25 levy from the school district budget for the preceding school year; and
26 (ii) THE DISTRICT'S TAX LEVY LIMIT DETERMINED PURSUANT TO SECTION TWO
27 THOUSAND TWENTY-THREE-A OF THIS TITLE, AND THE ESTIMATED SCHOOL TAX
28 LEVY, EXCLUDING ANY LEVY NECESSARY TO SUPPORT THE EXPENDITURES PURSUANT
29 TO SUBPARAGRAPHS (I) THROUGH (IV) OF PARAGRAPH I OF SUBDIVISION TWO OF
30 SECTION TWO THOUSAND TWENTY-THREE-A OF THIS TITLE, THAT WOULD RESULT
31 FROM ADOPTION OF THE PROPOSED BUDGET; AND (III) the projected enrollment
32 growth for the school year for which the budget is prepared, and the
33 percentage change in enrollment from the previous year; and [(iii)] (IV)
34 the percentage increase in the consumer price index, as defined in para-
35 graph c of this subdivision; and [(iv)] (V) the projected amount of the
36 unappropriated unreserved fund balance that will be retained if the
37 proposed budget is adopted, the projected amount of the reserved fund
38 balance, the projected amount of the appropriated fund balance, the
39 percentage of the proposed budget that the unappropriated unreserved
40 fund balance represents, the actual unappropriated unreserved fund
41 balance retained in the school district budget for the preceding school
42 year, and the percentage of the school district budget for the preceding
43 school year that the actual unappropriated unreserved fund balance
44 represents.
45 S 5. Paragraph a of subdivision 7 of section 1716 of the education
46 law, as amended by chapter 238 of the laws of 2007, is amended to read
47 as follows:
48 a. Each year, commencing with the proposed budget for the two thou-
49 sand--two thousand one school year, the board of education shall prepare
50 a property tax report card, pursuant to regulations of the commissioner,
51 and shall make it publicly available by transmitting it to local newspa-
52 pers of general circulation, appending it to copies of the proposed
53 budget made publicly available as required by law, making it available
54 for distribution at the annual meeting, and otherwise disseminating it
55 as required by the commissioner. Such report card shall include: (i) the
56 amount of total spending and total estimated school tax levy that would
S. 5758--A 15
1 result from adoption of the proposed budget and the percentage increase
2 or decrease in total spending and total school tax levy from the school
3 district budget for the preceding school year; and (ii) THE DISTRICT'S
4 TAX LEVY LIMIT DETERMINED PURSUANT TO SECTION TWO THOUSAND
5 TWENTY-THREE-A OF THIS TITLE, AND THE ESTIMATED SCHOOL TAX LEVY, EXCLUD-
6 ING ANY LEVY NECESSARY TO SUPPORT THE EXPENDITURES PURSUANT TO SUBPARA-
7 GRAPHS (I) THROUGH (IV) OF PARAGRAPH I OF SUBDIVISION TWO OF SECTION TWO
8 THOUSAND TWENTY-THREE-A OF THIS TITLE, THAT WOULD RESULT FROM ADOPTION
9 OF THE PROPOSED BUDGET; AND (III) the projected enrollment growth for
10 the school year for which the budget is prepared, and the percentage
11 change in enrollment from the previous year; and [(iii)] (IV) the
12 percentage increase in the consumer price index, as defined in paragraph
13 c of this subdivision; and [(iv)] (V) the projected amount of the unap-
14 propriated unreserved fund balance that will be retained if the proposed
15 budget is adopted, the projected amount of the reserved fund balance,
16 the projected amount of the appropriated fund balance, the percentage of
17 the proposed budget that the unappropriated unreserved fund balance
18 represents, the actual unappropriated unreserved fund balance retained
19 in the school district budget for the preceding school year, and the
20 percentage of the school district budget for the preceding school year
21 that the actual unappropriated unreserved fund balance represents.
22 S 6. Section 2008 of the education law is amended by adding a new
23 subdivision 3 to read as follows:
24 3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY
25 PROPOSITION SUBMITTED BY THE VOTERS THAT REQUIRES THE EXPENDITURE OF
26 MONEY SHALL BE SUBJECT TO THE REQUIREMENTS SET FORTH IN SUBDIVISION NINE
27 OF SECTION TWO THOUSAND TWENTY-THREE-A OF THIS PART.
28 S 7. Section 2022 of the education law, as amended by section 23 of
29 part A of chapter 436 of the laws of 1997, subdivisions 1 and 3 as
30 amended by section 8 of part C of chapter 58 of the laws of 1998, subdi-
31 vision 2-a as amended by section 3 of part A of chapter 60 of the laws
32 of 2000, paragraph b of subdivision 2-a as amended by section 5 of part
33 W of chapter 57 of the laws of 2008, subdivision 4 as amended by section
34 7 of part M of chapter 57 of the laws of 2005 and subdivision 6 as added
35 by chapter 61 of the laws of 2003, is amended to read as follows:
36 S 2022. Vote on school district budgets and on the election of school
37 district trustees and board of education members. 1. Notwithstanding any
38 law, rule or regulation to the contrary, the election of trustees or
39 members of the board of education, and the vote upon the appropriation
40 of the necessary funds to meet the estimated expenditures, in any common
41 school district, union free school district, central school district or
42 central high school district shall be held at the annual meeting and
43 election on the third Tuesday in May, provided, however, that such
44 election shall be held on the second Tuesday in May if the commissioner
45 at the request of a local school board certifies no later than March
46 first that such election would conflict with religious observances.
47 [When such election or vote is taken by recording the ayes and noes of
48 the qualified voters attending, a majority of the qualified voters pres-
49 ent and voting, by a hand or voice vote, may determine to take up the
50 question of voting the necessary funds to meet the estimated expendi-
51 tures for a specific item separately, and the qualified voters present
52 and voting may increase the amount of any estimated expenditures or
53 reduce the same, except for teachers' salaries, and the ordinary contin-
54 gent expenses of the schools.] The sole trustee, board of trustees or
55 board of education of every common, union free, central or central high
56 school district and every city school district to which this article
S. 5758--A 16
1 applies shall hold a budget hearing not less than seven nor more than
2 fourteen days prior to the annual meeting and election or special
3 district meeting at which a school budget vote will occur, and shall
4 prepare and present to the voters at such budget hearing a proposed
5 school district budget for the ensuing school year.
6 2. Except as provided in subdivision four of this section, nothing in
7 this section shall preclude the trustees or board of education, in their
8 discretion, from submitting additional items of expenditure to the
9 voters for approval as separate propositions or the voters from submit-
10 ting propositions pursuant to [section] SECTIONS two thousand eight and
11 two thousand thirty-five of this [article] PART; PROVIDED HOWEVER THAT
12 SUCH PROPOSITIONS SHALL BE SUBJECT TO THE REQUIREMENTS SET FORTH IN
13 SUBDIVISION NINE OF SECTION TWO THOUSAND TWENTY-THREE-A OF THIS PART.
14 2-a. Every common, union free, central, central high school district
15 and city school district to which this article applies shall mail a
16 school budget notice to all qualified voters of the school district
17 after the date of the budget hearing, but no later than six days prior
18 to the annual meeting and election or special district meeting at which
19 a school budget vote will occur. The school budget notice shall compare
20 the percentage increase or decrease in total spending under the proposed
21 budget over total spending under the school district budget adopted for
22 the current school year, with the percentage increase or decrease in the
23 consumer price index, from January first of the prior school year to
24 January first of the current school year, and shall also include the
25 information required by paragraphs a and b of this subdivision. The
26 notice shall also set forth the date, time and place of the school budg-
27 et vote, in the same manner as in the notice of annual meeting, AND
28 SHALL ALSO INCLUDE THE DISTRICT'S TAX LEVY LIMIT PURSUANT TO SECTION TWO
29 THOUSAND TWENTY-THREE-A OF THIS PART, AND THE ESTIMATED SCHOOL TAX LEVY,
30 EXCLUDING ANY LEVY NECESSARY TO SUPPORT THE EXPENDITURES PURSUANT TO
31 SUBPARAGRAPHS (I) THROUGH (IV) OF PARAGRAPH I OF SUBDIVISION TWO OF
32 SECTION TWO THOUSAND TWENTY-THREE-A OF THIS PART, THAT WOULD RESULT FROM
33 ADOPTION OF THE PROPOSED BUDGET. Such notice shall be in a form
34 prescribed by the commissioner.
35 a. Commencing with the proposed budget for the two thousand one--two
36 thousand two school year, such notice shall also include a description
37 of how total spending and the tax levy resulting from the proposed budg-
38 et would compare with a projected contingency budget adopted pursuant to
39 section two thousand twenty-three of this article, assuming that such
40 contingency budget is adopted on the same day as the vote on the
41 proposed budget. Such comparison shall be in total and by component
42 (program, capital and administrative), and shall include a statement of
43 the assumptions made in estimating the projected contingency budget.
44 b. Commencing with the proposed budget for the two thousand eight--two
45 thousand nine school year, such notice shall also include, in a format
46 prescribed by the commissioner, an estimate of the tax savings that
47 would be available to an eligible homeowner under the basic school tax
48 relief (STAR) exemption authorized by section four hundred twenty-five
49 of the real property tax law if the proposed budget were adopted. Such
50 estimate shall be made in the manner prescribed by the commissioner, in
51 consultation with the office of real property services.
52 3. In all elections for trustees or members of boards of education or
53 votes involving the expenditure of money, or authorizing the levy of
54 taxes, the vote thereon shall be by ballot, or, in school districts that
55 prior to nineteen hundred ninety-eight conducted their vote at the annu-
S. 5758--A 17
1 al meeting, may be ascertained by taking and recording the ayes and noes
2 of such qualified voters attending and voting at such district meetings.
3 4. THE BUDGET ADOPTION PROCESS SHALL CONFORM TO THE REQUIREMENTS SET
4 FORTH IN SECTION TWO THOUSAND TWENTY-THREE-A OF THIS PART. In the event
5 that the original proposed budget is not approved by the voters, the
6 sole trustee, trustees or board of education may adopt a final budget
7 pursuant to subdivision five of this section or resubmit to the voters
8 the original or a revised budget pursuant to subdivision three of
9 section two thousand seven of this part. Upon one defeat of such resub-
10 mitted budget, the sole trustee, trustees or board of education shall
11 adopt a final budget pursuant to subdivision five of this section.
12 Notwithstanding any other provision of law to the contrary, the school
13 district budget for any school year, or any part of such budget or any
14 propositions involving the expenditure of money for such school year
15 shall not be submitted for a vote of the qualified voters more than
16 twice.
17 5. If the qualified voters fail to approve the proposed school
18 district budget upon resubmission or upon a determination not to resub-
19 mit for a second vote pursuant to subdivision four of this section, the
20 sole trustee, trustees or board of education, after applying thereto the
21 public school moneys and other moneys received or to be received for
22 that purpose, shall levy a tax for the sum necessary for teachers' sala-
23 ries and other ordinary contingent expenses in accordance with the
24 provisions of this subdivision and [section] SECTIONS two thousand twen-
25 ty-three AND TWO THOUSAND TWENTY-THREE-A of this article.
26 6. Notwithstanding the provisions of subdivision four of section eigh-
27 teen hundred four and subdivision five of section nineteen hundred six
28 of this title, subdivision one of section two thousand two of this arti-
29 cle, subdivision one of this section, subdivision two of section twen-
30 ty-six hundred one-a of this title and any other provision of law to the
31 contrary, the annual district meeting and election of every common,
32 union free, central and central high school district and the annual
33 meeting of every city school district in a city having a population of
34 less than one hundred twenty-five thousand inhabitants that is scheduled
35 to be held on the third Tuesday of May, two thousand three is hereby
36 adjourned until the first Tuesday in June, two thousand three. The trus-
37 tees or board of education of each such school district shall provide
38 notice of such adjourned meeting to the qualified voters in the manner
39 prescribed for notice of the annual meeting, and such notice shall
40 provide for an adjourned budget hearing. The adjourned district meeting
41 or district meeting and election shall be deemed the annual meeting or
42 annual meeting and election of the district for all purposes under this
43 title and the date of the adjourned meeting shall be deemed the state-
44 wide uniform voting day for all purposes under this title. Notwith-
45 standing the provisions of subdivision seven of section sixteen hundred
46 eight or subdivision seven of section seventeen hundred sixteen of this
47 title or any other provision of law, rule or regulation to the contrary,
48 in two thousand three the property tax report card shall be submitted to
49 the department no later than twenty days prior to the date of the
50 adjourned meeting and the department shall make its compilation avail-
51 able electronically at least seven days prior to such date.
52 S 8. Section 2035 of the education law is amended by adding a new
53 subdivision 3 to read as follows:
54 3. ANY PROPOSITION SUBMITTED PURSUANT TO THIS SECTION SHALL BE SUBJECT
55 TO THE REQUIREMENTS SET FORTH IN SUBDIVISION NINE OF SECTION TWO THOU-
56 SAND TWENTY-THREE-A OF THIS PART.
S. 5758--A 18
1 S 9. Section 2601-a of the education law, as added by chapter 171 of
2 the laws of 1996, subdivision 2 as amended by section 6 and subdivision
3 4 as amended by section 8 of part M of chapter 57 of the laws of 2005,
4 subdivision 3 as amended by chapter 640 of the laws of 2008, subdivision
5 5 as amended by section 29 of part A of chapter 436 of the laws of 1997,
6 subdivision 6 as amended and subdivision 7 as added by chapter 474 of
7 the laws of 1996, is amended to read as follows:
8 S 2601-a. Procedures for adoption of school budgets in small city
9 school districts. 1. The board of education of each city school district
10 subject to this article shall provide for the submission of a budget for
11 approval of the voters pursuant to the provisions of this section AND IN
12 ACCORDANCE WITH THE REQUIREMENTS SET FORTH IN SECTION TWO THOUSAND TWEN-
13 TY-THREE-A OF THIS TITLE.
14 2. The board of education shall conduct all annual and special school
15 district meetings for the purpose of adopting a school district budget
16 in the same manner as a union free school district in accordance with
17 the provisions of article forty-one of this title, except as otherwise
18 provided by this section. The annual meeting and election of each such
19 city school district shall be held on the third Tuesday of May in each
20 year, provided, however that such annual meeting and election shall be
21 held on the second Tuesday in May if the commissioner at the request of
22 a local school board certifies no later than March first that such
23 election would conflict with religious observances, and any school budg-
24 et revote shall be held on the date and in the same manner specified in
25 subdivision three of section two thousand seven of this title. The
26 provisions of this article, and where applicable subdivisions nine and
27 nine-a of section twenty-five hundred two of this title, governing the
28 qualification and registration of voters, and procedures for the nomi-
29 nation and election of members of the board of education shall continue
30 to apply, and shall govern the qualification and registration of voters
31 and voting procedures with respect to the adoption of a school district
32 budget.
33 3. The board of education shall prepare a proposed school district
34 budget for the ensuing year in accordance with the provisions of section
35 seventeen hundred sixteen of this chapter, including all provisions
36 relating to required notices and appendices to the statement of expendi-
37 tures. No board of education shall incur a school district liability
38 except as authorized by the provisions of section seventeen hundred
39 eighteen of this chapter. Such proposed budget shall be presented in
40 three components: a program component, a capital component and an admin-
41 istrative component which shall be separately delineated in accordance
42 with regulations of the commissioner after consultation with local
43 school district officials. The administrative component shall include,
44 but need not be limited to, office and central administrative expenses,
45 traveling expenses and all compensation, salaries and benefits of all
46 school administrators and supervisors, including business administra-
47 tors, superintendents of schools and deputy, assistant, associate or
48 other superintendents under all existing employment contracts or collec-
49 tive bargaining agreements, any and all expenditures associated with the
50 operation of the board of education, the office of the superintendent of
51 schools, general administration, the school business office, consulting
52 costs not directly related to direct student services and programs,
53 planning and all other administrative activities. The program component
54 shall include, but need not be limited to, all program expenditures of
55 the school district, including the salaries and benefits of teachers and
56 any school administrators or supervisors who spend a majority of their
S. 5758--A 19
1 time performing teaching duties, and all transportation operating
2 expenses. The capital component shall include, but need not be limited
3 to, all transportation capital, debt service, and lease expenditures;
4 costs resulting from judgments in tax certiorari proceedings or the
5 payment of awards from court judgments, administrative orders or settled
6 or compromised claims; and all facilities costs of the school district,
7 including facilities lease expenditures, the annual debt service and
8 total debt for all facilities financed by bonds and notes of the school
9 district, and the costs of construction, acquisition, reconstruction,
10 rehabilitation or improvement of school buildings, provided that such
11 budget shall include a rental, operations and maintenance section that
12 includes base rent costs, total rent costs, operation and maintenance
13 charges, cost per square foot for each facility leased by the school
14 district, and any and all expenditures associated with custodial sala-
15 ries and benefits, service contracts, supplies, utilities, and mainte-
16 nance and repairs of school facilities. For the purposes of the develop-
17 ment of a budget for the nineteen hundred ninety-seven--ninety-eight
18 school year, the board of education shall separate its program, capital
19 and administrative costs for the nineteen hundred ninety-six--ninety-
20 seven school year in the manner as if the budget for such year had been
21 presented in three components. Except as provided in subdivision four of
22 this section, nothing in this section shall preclude the board, in its
23 discretion, from submitting additional items of expenditure to the
24 voters for approval as separate propositions or the voters from submit-
25 ting propositions pursuant to sections two thousand eight and two thou-
26 sand thirty-five of this chapter SUBJECT TO THE REQUIREMENTS SET FORTH
27 IN SUBDIVISION NINE OF SECTION TWO THOUSAND TWENTY-THREE-A OF THIS PART.
28 4. THE BUDGET ADOPTION PROCESS SHALL CONFORM TO THE REQUIREMENTS SET
29 FORTH IN SECTION TWO THOUSAND TWENTY-THREE-A OF THIS TITLE. In the event
30 the qualified voters of the district reject the budget proposed pursuant
31 to subdivision three of this section, the board may propose to the
32 voters a revised budget pursuant to subdivision three of section two
33 thousand seven of this title or may adopt a contingency budget pursuant
34 to subdivision five of this section and subdivision five of section two
35 thousand twenty-two of this title. The school district budget for any
36 school year, or any part of such budget or any propositions involving
37 the expenditure of money for such school year shall not be submitted for
38 a vote of the qualified voters more than twice. In the event the quali-
39 fied voters reject the resubmitted budget, the board shall adopt a
40 contingency budget in accordance with subdivision five of this section
41 and subdivision five of such section two thousand twenty-two of this
42 title.
43 5. If the qualified voters fail or refuse to vote the sum estimated to
44 be necessary for teachers' salaries and other ordinary contingent
45 expenses, the board shall adopt a contingency budget in accordance with
46 this subdivision and shall levy a tax for that portion of such sum
47 remaining after applying thereto the moneys received or to be received
48 from state, federal or other sources, in the same manner as if the budg-
49 et had been approved by the qualified voters; subject to the limitations
50 imposed in subdivision four of section two thousand twenty-three of this
51 chapter, SUBDIVISION EIGHT OF SECTION TWO THOUSAND TWENTY-THREE-A OF
52 THIS TITLE and this subdivision. The administrative component shall not
53 comprise a greater percentage of the contingency budget exclusive of the
54 capital component than the lesser of (1) the percentage the administra-
55 tive component had comprised in the prior year budget exclusive of the
56 capital component; or (2) the percentage the administrative component
S. 5758--A 20
1 had comprised in the last proposed defeated budget exclusive of the
2 capital component. Such contingency budget shall include the sum deter-
3 mined by the board to be necessary for:
4 (a) teachers' salaries, including the salaries of all members of the
5 teaching and supervising staff;
6 (b) items of expense specifically authorized by statute to be incurred
7 by the board of education, including, but not limited to, expenditures
8 for transportation to and from regular school programs included as ordi-
9 nary contingent expenses in subdivision twelve of section twenty-five
10 hundred three of this chapter, expenditures for textbooks, required
11 services for non-public school students, school health services, special
12 education services, kindergarten and nursery school programs, and the
13 district's share of the administrative costs and costs of services
14 provided by a board of cooperative educational services;
15 (c) items of expense for legal obligations of the district, including,
16 but not limited to, contractual obligations, debt service, court orders
17 or judgments, orders of administrative bodies or officers, and standards
18 and requirements of the board of regents and the commissioner that have
19 the force and effect of law;
20 (d) the purchase of library books and other instructional materials
21 associated with a library;
22 (e) items of expense necessary to maintain the educational programs of
23 the district, preserve the property of the district or protect the
24 health and safety of students and staff, including, but not limited to,
25 support services, pupil personnel services, the necessary salaries for
26 the necessary number of non-teaching employees, necessary legal
27 expenses, water and utility charges, instructional supplies for teach-
28 ers' use, emergency repairs, temporary rental of essential classroom
29 facilities, and expenditures necessary to advise school district voters
30 concerning school matters; and
31 (f) expenses incurred for interschool athletics, field trips and other
32 extracurricular activities; and
33 (g) any other item of expense determined by the commissioner to be an
34 ordinary contingent expense in any school district.
35 6. The commissioner shall determine appeals raising questions as to
36 what items of expenditure are ordinary contingent expenses pursuant to
37 subdivision five of this section in accordance with section two thousand
38 twenty-four and three hundred ten of this chapter.
39 7. Each year, the board of education shall prepare a school district
40 report card, pursuant to regulations of the commissioner, and shall make
41 it publicly available by transmitting it to local newspapers of general
42 circulation, appending it to copies of the proposed budget made publicly
43 available as required by law, making it available for distribution at
44 the annual meeting, and otherwise disseminating it as required by the
45 commissioner. Such report card shall include measures of the academic
46 performance of the school district, on a school by school basis, and
47 measures of the fiscal performance of the district, as prescribed by the
48 commissioner. Pursuant to regulations of the commissioner, the report
49 card shall also compare these measures to statewide averages for all
50 public schools, and statewide averages for public schools of comparable
51 wealth and need, developed by the commissioner. Such report card shall
52 include, at a minimum, any information on the school district regarding
53 pupil performance and expenditure per pupil required to be included in
54 the annual report by the regents to the governor and the legislature
55 pursuant to section two hundred fifteen-a of this chapter; and any other
56 information required by the commissioner. School districts (i) identi-
S. 5758--A 21
1 fied as having fifteen percent or more of their students in special
2 education, or (ii) which have fifty percent or more of their students
3 with disabilities in special education programs or services sixty
4 percent or more of the school day in a general education building, or
5 (iii) which have eight percent or more of their students with disabili-
6 ties in special education programs in public or private separate educa-
7 tional settings shall indicate on their school district report card
8 their respective percentages as defined in this paragraph and paragraphs
9 (i) and (ii) of this subdivision as compared to the statewide average.
10 S 10. Paragraph b-1 of subdivision 4 of section 3602 of the education
11 law, as amended by section 26 of part A of chapter 58 of the laws of
12 2011, is amended to read as follows:
13 b-1. Notwithstanding any other provision of law to the contrary, for
14 the two thousand seven--two thousand eight [through] school year and
15 thereafter, the additional amount payable to each school district pursu-
16 ant to this subdivision in the current year as total foundation aid,
17 after deducting the total foundation aid base, shall be deemed a state
18 grant in aid identified by the commissioner for general use for purposes
19 of [sections] SECTION seventeen hundred eighteen [and two thousand twen-
20 ty-three] of this chapter.
21 S 11. Paragraph a of subdivision 1 of section 3635 of the education
22 law, as amended by chapter 69 of the laws of 1992, is amended to read as
23 follows:
24 a. Sufficient transportation facilities (including the operation and
25 maintenance of motor vehicles) shall be provided by the school district
26 for all the children residing within the school district to and from the
27 school they legally attend, who are in need of such transportation
28 because of the remoteness of the school to the child or for the
29 promotion of the best interest of such children. Such transportation
30 shall be provided for all children attending grades kindergarten through
31 eight who live more than two miles from the school which they legally
32 attend and for all children attending grades nine through twelve who
33 live more than three miles from the school which they legally attend and
34 shall be provided for each such child up to a distance of fifteen miles,
35 the distances in each case being measured by the nearest available route
36 from home to school. The cost of providing such transportation between
37 two or three miles, as the case may be, and fifteen miles shall be
38 considered for the purposes of this chapter to be a charge upon the
39 district and an ordinary contingent expense of the district. Transporta-
40 tion for a lesser distance than two miles in the case of children
41 attending grades kindergarten through eight or three miles in the case
42 of children attending grades nine through twelve and for a greater
43 distance than fifteen miles may be provided by the district WITH THE
44 APPROVAL OF THE QUALIFIED VOTERS, and, if provided, shall be offered
45 equally to all children in like circumstances residing in the district;
46 provided, however, that this requirement shall not apply to transporta-
47 tion offered pursuant to section thirty-six hundred thirty-five-b of
48 this article.
49 S 12. Nothing contained in this act shall impair or invalidate the
50 powers or duties, as authorized by law, of a control board, interim
51 finance authority or fiscal stability authority including such powers or
52 duties that may require the tax levy limit, as that term is defined in
53 section one or section two of this act, to be exceeded.
54 S 13. This act shall take effect immediately; provided, however, that
55 sections two through eleven of this act shall take effect July 1, 2011
56 and shall first apply to school district budgets and the budget adoption
S. 5758--A 22
1 process for the 2012-13 school year; provided further, that if section
2 26 of part A of chapter 58 of the laws of 2011 shall not have taken
3 effect on or before such date then section ten of this act shall take
4 effect on the same date and in the same manner as such chapter of the
5 laws of 2011, takes effect; provided further, that section one of this
6 act shall first apply to the levy of taxes by local governments for the
7 fiscal year that begins in 2012.
8 PART B
9 Section 1. The general municipal law is amended by adding a new arti-
10 cle 19-C to read as follows:
11 ARTICLE 19-C
12 MANDATE RELIEF
13 SECTION 991. SHORT TITLE.
14 992. LEGISLATIVE FINDINGS AND DETERMINATIONS.
15 993. NEW YORK STATE MANDATE RELIEF COUNCIL.
16 993-A. POWERS AND DUTIES OF THE COUNCIL.
17 993-B. ASSISTANCE OF OTHER AGENCIES.
18 994. DETERMINATION OF UNFUNDED MANDATE.
19 994-A. REQUEST BY A CITY, TOWN, VILLAGE OR COUNTY GOVERNMENT.
20 994-B. REQUEST BY A SCHOOL DISTRICT.
21 994-C. REQUEST BY A FIRE DISTRICT, WATER DISTRICT OR OTHER
22 SPECIAL DISTRICT.
23 994-D. NEW REGULATIONS PROPOSED BY STATE GOVERNMENT.
24 995. CONSIDERATION OF THE ISSUE OF REPEAL OF AN UNFUNDED
25 MANDATE.
26 995-A. REPEAL OF UNFUNDED MANDATES CONTAINED IN CURRENT REGU-
27 LATIONS.
28 995-B. REPEAL OF UNFUNDED MANDATES CONTAINED IN PROPOSED OR NEW
29 REGULATIONS.
30 995-C. REPEAL OF UNFUNDED MANDATES CONTAINED IN STATUTE.
31 996. REPORTS AND RECOMMENDATIONS OF THE NEW YORK STATE MANDATE
32 RELIEF COUNCIL.
33 997. COMPTROLLER REPORT OF UNFUNDED MANDATES.
34 998. FISCAL NOTES FOR BILLS ENACTING MANDATES UPON LOCAL GOVERN-
35 MENTS.
36 999. SEVERABILITY.
37 S 991. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
38 THE "NEW YORK STATE MANDATE RELIEF ACT".
39 S 992. LEGISLATIVE FINDINGS AND DETERMINATIONS. THE LEGISLATURE HEREBY
40 FINDS AND DETERMINES THAT UNFUNDED MANDATES ESTABLISHED BY THE STATE
41 UPON ITS LOCAL GOVERNMENTS, SCHOOL DISTRICTS, AND FIRE DISTRICTS, PRES-
42 ENT A TREMENDOUS FINANCIAL BURDEN UPON THESE LOCALITIES, AS WELL AS THE
43 PEOPLE OF THE STATE OF NEW YORK.
44 THE LEGISLATURE HEREBY FURTHER FINDS AND DETERMINES THAT THE COST OF
45 THESE UNFUNDED MANDATES HAS SERIOUSLY CONTRIBUTED TO THE FINANCIAL CHAL-
46 LENGES OF THESE LOCAL GOVERNMENTS, SCHOOL DISTRICTS, AND FIRE DISTRICTS,
47 AND HAVE COST THE TAXPAYERS OF THE STATE OF NEW YORK AN ENORMOUS BURDEN
48 IN REAL PROPERTY TAXES, AS WELL AS LIMITING THE ABILITY OF THESE LOCAL
49 GOVERNMENTS, SCHOOL DISTRICTS, AND FIRE DISTRICTS TO ENACT MEASURES
50 WHICH WOULD SAVE BOTH TAXPAYER DOLLARS AND RESPONSIVELY PROVIDE FOR
51 IMPROVED COMMUNITY SERVICES.
52 THE LEGISLATURE HEREBY ADDITIONALLY FINDS AND DETERMINES THAT THERE IS
53 A PRESSING NEED TO DEVELOP COMPREHENSIVE LEGISLATIVE AND ADMINISTRATIVE
54 CHANGES TO END UNFUNDED MANDATES AND ACCOMPLISH MANDATE RELIEF, AND THAT
S. 5758--A 23
1 IMPORTANT MANDATE RELIEF MEASURES ARE IMMEDIATELY NECESSARY IN ORDER TO
2 ACCOMPLISH THIS GOAL. THAT IS THE GOAL OF THIS LEGISLATION, IN ESTAB-
3 LISHING THE COUNCIL ON MANDATE RELIEF, TO CREATE AN EFFECTIVE MECHANISM
4 TO ELIMINATE UNFUNDED MANDATES, AND TO BEGIN TO RELIEVE LOCAL GOVERN-
5 MENTS, SCHOOL DISTRICTS, AND FIRE DISTRICTS, AND THE TAXPAYERS THEY
6 REPRESENT, OF THE CRUSHING BURDEN THAT REAL PROPERTY TAXES CURRENTLY
7 PLACE UPON ALL NEW YORKERS.
8 S 993. NEW YORK STATE MANDATE RELIEF COUNCIL. THERE SHALL BE A COUN-
9 CIL OF MANDATE RELIEF, WHICH SHALL BE INDEPENDENT OF THE LEGISLATIVE,
10 EXECUTIVE AND JUDICIAL BRANCHES OF STATE GOVERNMENT. THE COUNCIL SHALL
11 CONSIST OF ELEVEN MEMBERS APPOINTED BY THE GOVERNOR, UPON ADVICE AND
12 CONSENT OF THE SENATE, AS FOLLOWS:
13 1. FIVE MEMBERS UPON NOMINATION OF THE GOVERNOR;
14 2. TWO MEMBERS UPON NOMINATION OF THE TEMPORARY PRESIDENT OF THE
15 SENATE;
16 3. TWO MEMBERS UPON NOMINATION OF THE SPEAKER OF THE ASSEMBLY;
17 4. ONE MEMBER UPON NOMINATION OF THE MINORITY LEADER OF THE SENATE;
18 AND
19 5. ONE MEMBER UPON NOMINATION OF THE MINORITY LEADER OF THE ASSEMBLY.
20 OF THE MEMBERS APPOINTED UPON NOMINATION OF THE GOVERNOR, NO MORE THAN
21 TWO SHALL BE APPOINTED FROM THE SAME POLITICAL PARTY. THE TERM OF OFFICE
22 OF THE MEMBERS OF THE COUNCIL SHALL BE FIVE YEARS. VACANCIES IN THE
23 COUNCIL OCCURRING OTHERWISE THAN BY EXPIRATION OF TERM, SHALL BE FILLED
24 FOR THE UNEXPIRED TERM IN THE SAME MANNER AS THEIR ORIGINAL APPOINTMENT.
25 THE COUNCIL SHALL ELECT A CHAIR AND VICE-CHAIR FROM AMONG ITS MEMBERS.
26 THE CHAIR SHALL BE THE EXECUTIVE OFFICER OF THE COUNCIL. THE CHAIR,
27 WITHIN BUDGET APPROPRIATIONS THEREFORE, MAY APPOINT SUCH EMPLOYEES,
28 PRESCRIBE THEIR DUTIES, AND FIX THEIR COMPENSATION, AS NECESSARY FOR THE
29 SUCCESSFUL OPERATION OF THE COUNCIL. NO MEMBER OF THE COUNCIL SHALL
30 RECEIVE A SALARY, BUT MAY BE REIMBURSED FOR THEIR NECESSARY AND REASON-
31 ABLE EXPENSES. THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
32 SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE
33 MINORITY LEADER OF THE ASSEMBLY SHALL ASSIGN ONE STAFF MEMBER FROM THEIR
34 RESPECTIVE STAFFS FOR EACH NOMINATION THEY MAKE TO THE COUNCIL TO SERVE
35 AS STAFF AND TO PROVIDE SUPPORT SERVICES TO THE COUNCIL.
36 S 993-A. POWERS AND DUTIES OF THE COUNCIL. THE COUNCIL SHALL HAVE THE
37 FOLLOWING POWERS AND DUTIES:
38 1. TO MAKE A DETERMINATION, UPON A REVIEW, PURSUANT TO SECTION NINE
39 HUNDRED NINETY-FOUR OF THIS ARTICLE, AS TO WHETHER A STATUTE, REGU-
40 LATION, RULE OR ORDER IDENTIFIED IN THE RESOLUTION, CONSTITUTES AN
41 UNFUNDED MANDATE;
42 2. TO REPEAL A REGULATION, RULE, OR ORDER, DETERMINED, ACCORDING TO
43 SECTION NINE HUNDRED NINETY-FOUR OF THIS ARTICLE, TO BE AN UNFUNDED
44 MANDATE, PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE, SECTION NINE
45 HUNDRED NINETY-FIVE-A AND/OR SECTION NINE HUNDRED NINETY-FIVE-B OF THIS
46 ARTICLE;
47 3. TO RECOMMEND TO THE STATE LEGISLATURE TO REPEAL A STATUTE, DETER-
48 MINED ACCORDING TO SECTION NINE HUNDRED NINETY-FOUR OF THIS ARTICLE TO
49 BE AN UNFUNDED MANDATE, PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE AND
50 SECTION NINE HUNDRED NINETY-FIVE-C OF THIS ARTICLE;
51 4. TO ISSUE REPORTS AND RECOMMENDATIONS TO THE GOVERNOR AND MEMBERS OF
52 THE LEGISLATURE REGARDING MANDATE RELIEF, PURSUANT TO SECTION NINE
53 HUNDRED NINETY-SIX OF THIS ARTICLE;
54 5. TO MEET AS A PUBLIC BODY NOT LESS THAN TWICE A MONTH FOR THE ACCOM-
55 PLISHMENT OF THE PURPOSES AND PROVISIONS OF THIS ARTICLE;
S. 5758--A 24
1 6. TO ESTABLISH RULES, REGULATIONS AND PROCEDURES AS NECESSARY TO
2 ACCOMPLISH THE PURPOSES AND PROVISIONS OF THIS ARTICLE;
3 7. TO ENTER INTO CONTRACTS, WITHIN AMOUNTS APPROPRIATED THEREFOR, WITH
4 INDIVIDUALS, PARTNERSHIPS, CORPORATIONS OR ORGANIZATIONS AS NECESSARY TO
5 ACCOMPLISH THE PURPOSES AND PROVISIONS OF THIS ARTICLE;
6 8. TO MAKE AND SIGN ANY AGREEMENTS, AND TO DO AND TO PERFORM ANY ACTS,
7 THAT MAY BE NECESSARY, DESIRABLE OR PROPER TO CARRY OUT THE PURPOSES OF
8 THIS ARTICLE;
9 9. TO MAINTAIN AN OFFICIAL RECORD OF ITS MEETINGS, DISCUSSIONS, DELIB-
10 ERATIONS AND DETERMINATIONS;
11 10. TO MAINTAIN AN OFFICIAL WEBSITE AND EMAIL ADDRESSES FOR ITS
12 MEMBERS;
13 11. TO ACCEPT GIFTS, CONTRIBUTIONS AND BEQUESTS OF UNRESTRICTED FUNDS
14 FROM INDIVIDUALS, PARTNERSHIPS, CORPORATIONS OR ORGANIZATIONS AS NECES-
15 SARY TO ACCOMPLISH THE PURPOSES AND PROVISIONS OF THIS ARTICLE; AND
16 12. TO EXERCISE AND PERFORM SUCH OTHER POWERS AND DUTIES AS NECESSARY
17 TO ACCOMPLISH THE PURPOSES AND PROVISIONS OF THIS ARTICLE.
18 S 993-B. ASSISTANCE OF OTHER AGENCIES. TO EFFECTUATE THE PURPOSES OF
19 THIS ARTICLE, THE COUNCIL MAY REQUEST FROM ANY DEPARTMENT, BOARD,
20 BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE, AND THE SAME ARE
21 AUTHORIZED TO PROVIDE, SUCH ASSISTANCE, SERVICES AND DATA AS WILL ENABLE
22 THE COUNCIL PROPERLY TO CARRY OUT ITS POWERS AND DUTIES AS PROVIDED IN
23 SUBDIVISION TWO OF THIS SECTION.
24 S 994. DETERMINATION OF UNFUNDED MANDATE. 1. UPON THE REQUEST OF THE
25 GOVERNING BODY OF A CITY, TOWN, VILLAGE OR COUNTY GOVERNMENT, PURSUANT
26 TO SECTION NINE HUNDRED NINETY-FOUR-A OF THIS ARTICLE, OR UPON A REQUEST
27 OF A SCHOOL DISTRICT, PURSUANT TO SECTION NINE HUNDRED NINETY-FOUR-B OF
28 THIS ARTICLE, OR UPON A REQUEST OF A FIRE DISTRICT, WATER DISTRICT OR
29 OTHER SPECIAL DISTRICT PURSUANT TO SECTION NINE HUNDRED NINETY-FOUR-C OF
30 THIS ARTICLE, THE COUNCIL SHALL MAKE A DETERMINATION AS TO WHETHER A
31 STATUTE, REGULATION, RULE OR ORDER IS AN UNFUNDED MANDATE.
32 2. UPON THE SUBMISSION OF A DEPARTMENT, DIVISION, OFFICE, BUREAU OR
33 OTHER AGENCY OF STATE GOVERNMENT, PURSUANT TO SECTION NINE HUNDRED NINE-
34 TY-FOUR-D OF THIS ARTICLE, THE COUNCIL SHALL MAKE A DETERMINATION AS TO
35 WHETHER A STATUTE, REGULATION, RULE OR ORDER IS AN UNFUNDED MANDATE.
36 3. THE COUNCIL, UPON RECEIPT OF THE REQUEST OR SUBMISSION PURSUANT TO
37 SECTION NINE HUNDRED NINETY-FOUR-A, SECTION NINE HUNDRED NINETY-FOUR-B,
38 SECTION NINE HUNDRED NINETY-FOUR-C OR NINE HUNDRED NINETY-FOUR-D OF THIS
39 ARTICLE SHALL HAVE NINETY DAYS TO MAKE A DETERMINATION AS TO WHETHER THE
40 STATUTE, REGULATION, RULE OR ORDER CONTAINED IN THE REQUEST OR
41 SUBMISSION SHALL BE DEEMED TO CONSTITUTE AN UNFUNDED MANDATE. IN MAKING
42 SUCH DETERMINATION, THE COUNCIL SHALL CONSIDER IF THE STATUTE, REGU-
43 LATION, RULE OR ORDER LEGALLY REQUIRES THE CITY, TOWN, VILLAGE OR COUNTY
44 GOVERNMENT, SCHOOL DISTRICT, FIRE DISTRICT, WATER DISTRICT OR OTHER
45 SPECIAL DISTRICT TO PERFORM AN ACT, OR REFRAIN FROM ACTING, IN A MATERI-
46 AL MANNER AND WITH A MATERIAL COST. IN FURTHER MAKING ITS DETERMINATION,
47 THE COUNCIL SHALL FURTHER CONSIDER IF THE COST INCURRED AS A RESULT OF
48 THE GOVERNMENT OR DISTRICT COMPLYING WITH THE STATUTE, REGULATION, RULE
49 OR ORDER IS NOT REIMBURSED TO THE GOVERNMENT OR DISTRICT BY EITHER THE
50 FEDERAL OR STATE GOVERNMENT, OR IF SUCH GOVERNMENT OR DISTRICT IS NOT
51 OTHERWISE PROVIDED WITH THE ABILITY TO COLLECT A FEE OR OTHER MONIES IN
52 RETURN FOR THE COMPLIANCE WITH SUCH STATUTE, REGULATION, RULE OR ORDER.
53 4. THE COUNCIL NEED NOT CONSIDER A REQUEST FOR DETERMINATION PURSUANT
54 TO SUBDIVISION ONE OF THIS SECTION IF THE COUNCIL HAS PREVIOUSLY MADE A
55 DETERMINATION WITHIN FIVE YEARS OF THE REQUEST, REGARDING THE SAME EXACT
56 STATUTORY PROVISION OR REGULATION. IN THE EVENT THAT THE COUNCIL
S. 5758--A 25
1 DECLINES TO CONSIDER A REQUEST FOR A DETERMINATION PURSUANT TO SUBDIVI-
2 SION ONE OF THIS SECTION, THE COUNCIL SHALL NOTIFY THE CITY, TOWN,
3 VILLAGE OR COUNTY, IN WRITING, OF ITS DECLINATION TO CONSIDER THE
4 REQUEST, AND SHALL PROVIDE THE CITY, TOWN, VILLAGE OR COUNTY WITHIN SUCH
5 NOTIFICATION WITH A COPY OF THE COUNCIL'S PREVIOUS DETERMINATION ON THE
6 SAME EXACT STATUTORY PROVISION OR REGULATION.
7 5. THE COUNCIL SHALL MAKE ITS DETERMINATION AS TO WHETHER THE STATUTE,
8 REGULATION, RULE OR ORDER CONTAINED IN THE REQUEST OR SUBMISSION CONSTI-
9 TUTES AN UNFUNDED MANDATE, BY MEANS OF A MAJORITY VOTE OF ALL THE
10 MEMBERS OF THE COUNCIL, AFTER DUE CONSIDERATION OF THE FACTS AND UPON
11 DUE DELIBERATION AND DISCUSSION OF THE MEMBERS. THE MEETING TO CONSIDER
12 WHETHER A REQUESTED STATUTE, REGULATION, RULE OR ORDER CONTAINED IN THE
13 REQUEST CONSTITUTES AN UNFUNDED MANDATE, AND ALL THE DELIBERATIONS AND
14 DISCUSSIONS AT SUCH MEETING, SHALL BE SUBJECT TO THE PROVISIONS OF ARTI-
15 CLE SEVEN OF THE PUBLIC OFFICERS LAW. IN THE EVENT THAT THE COUNCIL
16 DETERMINES THAT THE STATUTE, REGULATION, RULE OR ORDER CONSTITUTES AN
17 UNFUNDED MANDATE, IT SHALL NOTIFY THE GOVERNMENT OR DISTRICT WHO MADE
18 THE REQUEST, OR THE DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY
19 OF STATE GOVERNMENT THAT MADE THE SUBMISSION, AND POST AND PUBLISH A
20 RECORD OF SUCH DETERMINATION ON THE OFFICIAL WEBSITE OF THE COUNCIL.
21 6. NOTWITHSTANDING ANYTHING IN THIS SUBDIVISION TO THE CONTRARY, THE
22 FOLLOWING CATEGORIES OF STATUTES, REGULATIONS, RULES OR ORDERS, SHALL
23 NOT BE CONSIDERED UNFUNDED MANDATES:
24 A. THOSE WHICH ARE REQUIRED TO COMPLY WITH FEDERAL LAWS OR RULES OR TO
25 MEET ELIGIBILITY STANDARDS FOR FEDERAL ENTITLEMENTS;
26 B. THOSE WHICH REPEAL, REVISE OR EASE AN EXISTING REQUIREMENT OR
27 MANDATE OR WHICH REAPPORTION THE COSTS OF ACTIVITIES BETWEEN BOARDS OF
28 EDUCATION, COUNTIES, AND MUNICIPALITIES;
29 C. THOSE WHICH STEM FROM FAILURE TO COMPLY WITH PREVIOUSLY ENACTED
30 LAWS OR RULES OR REGULATIONS ISSUED PURSUANT TO LAW;
31 D. THOSE WHICH IMPLEMENT THE PROVISIONS OF THE STATE CONSTITUTION; AND
32 E. THOSE STATUTES WHICH ARE ENACTED AFTER A PUBLIC HEARING, HELD AFTER
33 PUBLIC NOTICE THAT UNFUNDED MANDATES WILL BE CONSIDERED, FOR WHICH A
34 FISCAL ANALYSIS IS AVAILABLE AT THE TIME OF THE PUBLIC HEARING AND
35 WHICH, IN ADDITION TO COMPLYING WITH ALL OTHER CONSTITUTIONAL REQUIRE-
36 MENTS WITH REGARD TO THE ENACTMENT OF LAWS, ARE PASSED BY AN AFFIRMATIVE
37 VOTE OF THE MEMBERS OF EACH HOUSE OF THE LEGISLATURE AND SIGNED INTO LAW
38 BY THE GOVERNOR.
39 7. NOTWITHSTANDING THE DETERMINATION OF ANY COURT OF COMPETENT JURIS-
40 DICTION, THE COUNCIL SHALL RESOLVE ANY DISPUTE REGARDING WHETHER SUCH A
41 STATUTE, REGULATION, RULE OR ORDER CONSTITUTES SUCH AN UNFUNDED MANDATE.
42 THE DECISIONS OF THE COUNCIL WITH RESPECT TO WHETHER A STATUTE, REGU-
43 LATION, RULE OR ORDER, WHICH CONSTITUTES AN UNFUNDED MANDATE SHALL NOT
44 BE JUDICIAL DETERMINATIONS.
45 S 994-A. REQUEST BY A CITY, TOWN, VILLAGE OR COUNTY GOVERNMENT. ANY
46 CITY, TOWN, VILLAGE OR COUNTY GOVERNMENT MAY MAKE A REQUEST OF THE COUN-
47 CIL TO REVIEW A STATUTE, REGULATION, RULE OR ORDER OF STATE GOVERNMENT,
48 TO DETERMINE WHETHER SUCH STATUTE, REGULATION, RULE OR ORDER CONSTITUTES
49 AN UNFUNDED STATE MANDATE. THE REQUEST FOR A DETERMINATION SHALL BE MADE
50 BY MEANS OF A RESOLUTION PASSED BY A MAJORITY OF THE TOTAL MEMBERS OF
51 THE GOVERNING BODY OF THE CITY, TOWN, VILLAGE OR COUNTY AND TRANSMITTED
52 TO THE COUNCIL WITHIN NINETY DAYS OF THE PASSING OF SUCH RESOLUTION. THE
53 REQUEST OF THE GOVERNING BODY SHALL ALSO SPECIFICALLY IDENTIFY THE STAT-
54 UTE, REGULATION, RULE OR ORDER IN QUESTION. A REQUEST OF THE GOVERNING
55 BODY SHALL FURTHER CONTAIN ONLY ONE STATUTE, REGULATION, RULE OR ORDER
56 UPON WHICH A DETERMINATION IS SOUGHT. NO CITY, TOWN, VILLAGE OR COUNTY
S. 5758--A 26
1 GOVERNMENT, SHALL MAKE MORE THAN TEN REQUESTS OF THE COUNCIL FOR A
2 DETERMINATION IN ANY CALENDAR YEAR.
3 S 994-B. REQUEST BY A SCHOOL DISTRICT. ANY SCHOOL DISTRICT MAY MAKE A
4 REQUEST OF THE COUNCIL TO REVIEW A STATUTE, REGULATION, RULE OR ORDER OF
5 STATE GOVERNMENT, TO DETERMINE WHETHER SUCH STATUTE, REGULATION, RULE OR
6 ORDER CONSTITUTES AN UNFUNDED STATE MANDATE. THE REQUEST FOR A DETERMI-
7 NATION SHALL BE MADE BY MEANS OF A RESOLUTION PASSED BY A MAJORITY OF
8 THE TOTAL MEMBERS OF THE GOVERNING BODY OF THE SCHOOL DISTRICT AND TRAN-
9 SMITTED TO THE COUNCIL WITHIN NINETY DAYS OF THE PASSING OF SUCH RESOL-
10 UTION. THE REQUEST OF THE GOVERNING BODY SHALL ALSO SPECIFICALLY IDENTI-
11 FY THE STATUTE, REGULATION, RULE OR ORDER IN QUESTION. A REQUEST OF THE
12 GOVERNING BODY SHALL FURTHER CONTAIN ONLY ONE STATUTE, REGULATION, RULE
13 OR ORDER UPON WHICH A DETERMINATION IS SOUGHT. NO SCHOOL DISTRICT,
14 SHALL MAKE MORE THAN FIVE REQUESTS OF THE COUNCIL FOR A DETERMINATION IN
15 ANY CALENDAR YEAR.
16 S 994-C. REQUEST BY A FIRE DISTRICT, WATER DISTRICT OR OTHER SPECIAL
17 DISTRICT. ANY FIRE DISTRICT, WATER DISTRICT OR OTHER SPECIAL DISTRICT
18 MAY MAKE A REQUEST OF THE COUNCIL TO REVIEW A STATUTE, REGULATION, RULE
19 OR ORDER OF STATE GOVERNMENT, TO DETERMINE WHETHER SUCH STATUTE, REGU-
20 LATION, RULE OR ORDER CONSTITUTES AN UNFUNDED STATE MANDATE. THE REQUEST
21 FOR A DETERMINATION SHALL BE MADE BY MEANS OF A RESOLUTION PASSED BY A
22 MAJORITY OF THE TOTAL MEMBERS OF THE GOVERNING BODY OF THE FIRE
23 DISTRICT, WATER DISTRICT OR OTHER SPECIAL DISTRICT AND TRANSMITTED TO
24 THE COUNCIL WITHIN NINETY DAYS OF THE PASSING OF SUCH RESOLUTION. THE
25 REQUEST OF THE GOVERNING BODY SHALL ALSO SPECIFICALLY IDENTIFY THE STAT-
26 UTE, REGULATION, RULE OR ORDER IN QUESTION. A REQUEST OF THE GOVERNING
27 BODY SHALL FURTHER CONTAIN ONLY ONE STATUTE, REGULATION, RULE OR ORDER
28 UPON WHICH A DETERMINATION IS SOUGHT. NO FIRE DISTRICT, WATER DISTRICT
29 OR OTHER SPECIAL DISTRICT, SHALL MAKE MORE THAN TWO REQUESTS OF THE
30 COUNCIL FOR A DETERMINATION IN ANY CALENDAR YEAR.
31 S 994-D. NEW REGULATIONS PROPOSED BY STATE GOVERNMENT. ALL DEPART-
32 MENTS, DIVISIONS, OFFICES, BUREAUS OR OTHER AGENCIES OF STATE GOVERN-
33 MENT, UPON THE PROMULGATION OF A NEW REGULATION, RULE OR ORDER, OR THE
34 AMENDMENT OF AN EXISTING REGULATION, RULE OR ORDER, WHICH WOULD REQUIRE
35 ANY CITY, TOWN, VILLAGE OR COUNTY, SCHOOL DISTRICT, FIRE DISTRICT, WATER
36 DISTRICT OR OTHER SPECIAL DISTRICT, TO TAKE ANY ACTION, PERFORM ANY
37 DUTY, MAKE ANY EXPENDITURE, OR INCUR ANY COST, MUST BE SUBMITTED TO THE
38 COUNCIL FOR A DETERMINATION, PURSUANT TO SECTION NINE HUNDRED
39 NINETY-FOUR OF THIS ARTICLE, AS TO WHETHER SUCH NEW REGULATION, RULE OR
40 ORDER, OR THE AMENDMENT OF AN EXISTING REGULATION, RULE OR ORDER CONSTI-
41 TUTES AN UNFUNDED MANDATE. THE SUBMISSION BY THE DEPARTMENT, DIVISION,
42 OFFICE, BUREAU OR OTHER AGENCY OF STATE GOVERNMENT, SHALL PROVIDE THE
43 REGULATION, RULE OR ORDER IN QUESTION, TOGETHER WITH AN ANALYSIS AND
44 JUSTIFICATION FOR REGULATION, RULE OR ORDER IN QUESTION, PREPARED BY THE
45 COUNSEL FOR THE DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY OF
46 THE STATE GOVERNMENT, A COUNSEL WITHIN THE GOVERNOR'S COUNSEL'S OFFICE
47 OR AN ATTORNEY FROM THE NEW YORK STATE DEPARTMENT OF LAW. NO REGULATION,
48 RULE OR ORDER REQUIRED TO BE SUBMITTED PURSUANT TO THIS SECTION SHALL
49 TAKE EFFECT PRIOR TO A DETERMINATION OF THE COUNCIL THAT SUCH REGU-
50 LATION, RULE OR ORDER IS NOT AN UNFUNDED MANDATE, OR PRIOR TO A DETERMI-
51 NATION OF THE COUNCIL THAT SUCH REGULATION, RULE OR ORDER IS AN UNFUNDED
52 MANDATE BUT THAT SUCH REGULATION, RULE OR ORDER SHOULD NOT BE REPEALED
53 PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE-B OF THIS ARTICLE, UNLESS
54 THE COUNSEL FOR THE DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY
55 OF STATE GOVERNMENT, A COUNSEL WITHIN THE GOVERNOR'S COUNSEL'S OFFICE OR
56 AN ATTORNEY FROM THE NEW YORK STATE DEPARTMENT OF LAW, PROVIDES A LEGAL
S. 5758--A 27
1 DETERMINATION WITH THE SUBMISSION REQUIRED PURSUANT TO THIS SECTION,
2 THAT THE FAILURE TO IMMEDIATELY ESTABLISH THE REGULATION, RULE OR ORDER
3 WOULD RESULT IN SUBSTANTIAL AND IMMEDIATE HARM TO THE PEOPLE OF THE
4 STATE OF NEW YORK.
5 S 995. CONSIDERATION OF THE ISSUE OF REPEAL OF AN UNFUNDED MANDATE.
6 WITHIN TWENTY-ONE DAYS OF MAKING A DETERMINATION THAT A STATUTE, REGU-
7 LATION, RULE OR ORDER CONSTITUTES AN UNFUNDED MANDATE, THE COUNCIL SHALL
8 MEET TO CONSIDER THE ISSUE OF THE REPEAL OF THE STATUTE, REGULATION,
9 RULE OR ORDER. THE MEETING TO CONSIDER THE ISSUE OF THE REPEAL OF THE
10 STATUTE, REGULATION, RULE OR ORDER DETERMINED TO BE AN UNFUNDED MANDATE,
11 AND ALL THE DELIBERATIONS AND DISCUSSIONS AT SUCH MEETING, SHALL BE
12 SUBJECT TO THE PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
13 S 995-A. REPEAL OF UNFUNDED MANDATES CONTAINED IN CURRENT REGULATIONS.
14 UPON MEETING TO CONSIDER THE ISSUE OF A REPEAL OF AN UNFUNDED MANDATE,
15 PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE OF THIS ARTICLE, THE COUN-
16 CIL SHALL MAKE ITS DETERMINATION AS TO WHETHER THE REGULATION, RULE OR
17 ORDER DETERMINED TO BE AN UNFUNDED MANDATE PURSUANT TO A REQUEST MADE
18 UNDER SUBDIVISION ONE OF SECTION NINE HUNDRED NINETY-FOUR OF THIS ARTI-
19 CLE, SHALL BE REPEALED, BY MEANS OF A TWO-THIRDS VOTE OF ALL THE MEMBERS
20 OF THE COUNCIL, AFTER DUE CONSIDERATION OF THE FACTS AND UPON DUE DELIB-
21 ERATION AND DISCUSSION OF THE MEMBERS. IN THE EVENT THE COUNCIL DETER-
22 MINES THAT THE REGULATION, RULE OR ORDER IN QUESTION SHALL BE REPEALED,
23 THE COUNCIL SHALL INFORM, IN WRITING, THE DEPARTMENT, DIVISION, OFFICE,
24 BUREAU OR OTHER AGENCY OF STATE GOVERNMENT WHICH PROMULGATED OR ISSUED
25 THE REGULATION, RULE OR ORDER IN QUESTION, AS WELL AS THE GOVERNMENT OR
26 DISTRICT THAT REQUESTED IT TO BE DETERMINED AN UNFUNDED MANDATE, AND
27 THEREAFTER SUCH REGULATION, RULE OR ORDER SHALL EXPIRE AND BE DEEMED
28 REPEALED, WITHIN SIXTY DAYS OF THE DATE UPON WHICH THE COUNCIL INFORMED,
29 IN WRITING, THE DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY OF
30 STATE GOVERNMENT WHICH PROMULGATED OR ISSUED THE REGULATION, RULE OR
31 ORDER IN QUESTION. IN NO EVENT SHALL THE DEPARTMENT, DIVISION, OFFICE,
32 BUREAU OR OTHER AGENCY OF STATE GOVERNMENT WHICH PROMULGATED OR ISSUED
33 THE ORIGINAL REGULATION, RULE OR ORDER IN QUESTION, REPROMULGATE, REIS-
34 SUE OR REINSTATE THE REGULATION, RULE OR ORDER IN QUESTION, WITHOUT
35 HAVING FIRST OBTAINED STATUTORY PERMISSION TO DO THE SAME BY MEANS OF AN
36 ACT OF THE STATE LEGISLATURE. UPON MEETING TO CONSIDER THE ISSUE OF A
37 REPEAL OF AN UNFUNDED MANDATE, PURSUANT TO SECTION NINE HUNDRED NINETY-
38 FIVE OF THIS ARTICLE, THE COUNCIL MAY ALSO CONSIDER WHETHER TO PETITION
39 ON BEHALF OF THE CITY, TOWN, VILLAGE OR COUNTY, SCHOOL DISTRICT, FIRE
40 DISTRICT OR SPECIAL DISTRICT WHICH MADE A REQUEST FOR A DETERMINATION OF
41 THE REGULATION IN QUESTION AS AN UNFUNDED MANDATE FOR A WAIVER OR
42 MODIFICATION OF SUCH REGULATION, WITH RESPECT TO SUCH CITY, TOWN,
43 VILLAGE OR COUNTY, SCHOOL DISTRICT, FIRE DISTRICT OR SPECIAL DISTRICT,
44 PURSUANT TO SECTION TWO HUNDRED FOUR-A OF THE STATE ADMINISTRATIVE
45 PROCEDURE ACT, BY MEANS OF A MAJORITY VOTE OF ALL THE MEMBERS OF THE
46 COUNCIL, AFTER DUE CONSIDERATION OF THE FACTS AND UPON DUE DELIBERATION
47 AND DISCUSSION OF THE MEMBERS. IN THE EVENT THE COUNCIL DETERMINES THAT
48 SUCH PETITION SHOULD BE FORWARDED TO SUCH AGENCY, THE COUNCIL SHALL
49 INFORM, IN WRITING, THE DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER
50 AGENCY OF STATE GOVERNMENT WHICH PROMULGATED OR ISSUED THE REGULATION,
51 RULE OR ORDER IN QUESTION, AS WELL AS THE GOVERNMENT OR DISTRICT THAT
52 REQUESTED IT TO BE DETERMINED AN UNFUNDED MANDATE, AND THEREAFTER SUCH
53 DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY OF STATE GOVERNMENT
54 WHICH PROMULGATED OR ISSUED THE REGULATION, RULE OR ORDER IN QUESTION
55 SHALL HAVE THIRTY DAYS TO RULE ON SUCH PETITION AND MAKE ITS DETERMI-
56 NATION WITH RESPECT TO SUCH WAIVER OR MODIFICATION. UPON ITS DETERMI-
S. 5758--A 28
1 NATION UNDER THE PETITION, THE DEPARTMENT, DIVISION, OFFICE, BUREAU OR
2 OTHER AGENCY OF STATE GOVERNMENT WHICH PROMULGATED OR ISSUED THE REGU-
3 LATION OR RULE, SHALL NOTIFY THE COUNCIL IN WRITING OF ITS DETERMINATION
4 WITH RESPECT TO SUCH PETITION.
5 S 995-B. REPEAL OF UNFUNDED MANDATES CONTAINED IN PROPOSED OR NEW
6 REGULATIONS. UPON MEETING TO CONSIDER THE ISSUE OF A REPEAL OF AN
7 UNFUNDED MANDATE, PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE OF THIS
8 ARTICLE, THE COUNCIL SHALL MAKE ITS DETERMINATION AS TO WHETHER THE
9 REGULATION, RULE OR ORDER, DETERMINED TO BE AN UNFUNDED MANDATE PURSUANT
10 TO A SUBMISSION MADE UNDER SUBDIVISION TWO OF SECTION NINE HUNDRED NINE-
11 TY-FOUR OF THIS ARTICLE, SHALL BE REPEALED, BY MEANS OF A TWO-THIRDS
12 VOTE OF ALL THE MEMBERS OF THE COUNCIL, AFTER DUE CONSIDERATION OF THE
13 FACTS AND UPON DUE DELIBERATION AND DISCUSSION OF THE MEMBERS. IN THE
14 EVENT THE COUNCIL DETERMINES THAT THE REGULATION, RULE OR ORDER IN QUES-
15 TION SHALL BE REPEALED, THE COUNCIL SHALL INFORM, IN WRITING, THE
16 DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY OF STATE GOVERNMENT
17 WHICH PROMULGATED OR ISSUED THE REGULATION, RULE OR ORDER IN QUESTION,
18 AND THEREAFTER SUCH REGULATION, RULE OR ORDER SHALL EXPIRE AND BE DEEMED
19 REPEALED, WITHIN SIXTY DAYS OF THE DATE UPON WHICH THE COUNCIL INFORMS,
20 IN WRITING, THE DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY OF
21 STATE GOVERNMENT WHICH PROMULGATED OR ISSUED THE REGULATION, RULE OR
22 ORDER IN QUESTION. IN NO EVENT SHALL THE DEPARTMENT, DIVISION, OFFICE,
23 BUREAU OR OTHER AGENCY OF STATE GOVERNMENT WHICH PROMULGATED OR ISSUED
24 THE ORIGINAL REGULATION, RULE OR ORDER IN QUESTION, REPROMULGATE, REIS-
25 SUE OR REINSTATE THE REGULATION, RULE OR ORDER IN QUESTION, WITHOUT
26 HAVING FIRST OBTAINED STATUTORY PERMISSION TO DO THE SAME BY MEANS OF AN
27 ACT OF THE STATE LEGISLATURE.
28 S 995-C. REPEAL OF UNFUNDED MANDATES CONTAINED IN STATUTE. 1. UPON
29 MEETING TO CONSIDER THE ISSUE OF A REPEAL OF AN UNFUNDED MANDATE, PURSU-
30 ANT TO SECTION NINE HUNDRED NINETY-FIVE OF THIS ARTICLE, THE COUNCIL
31 SHALL MAKE ITS DETERMINATION AS TO WHETHER THE STATUTE DETERMINED TO BE
32 AN UNFUNDED MANDATE PURSUANT TO SECTION NINE HUNDRED NINETY-FOUR OF THIS
33 ARTICLE, SHOULD BE ENDORSED BY THE COUNCIL FOR REPEAL, BY MEANS OF A
34 MAJORITY VOTE OF ALL THE MEMBERS OF THE COUNCIL, AFTER DUE CONSIDERATION
35 OF THE FACTS AND UPON DUE DELIBERATION AND DISCUSSION OF THE MEMBERS. IN
36 THE EVENT THE COUNCIL DETERMINES THAT THE STATUTE SHOULD BE ENDORSED BY
37 THE COUNCIL FOR REPEAL, THE COUNCIL SHALL INFORM, IN WRITING, ALL THE
38 ENTITIES AFFECTED BY SUCH STATUTE IN QUESTION, AS WELL AS THE GOVERNMENT
39 OR DISTRICT THAT REQUESTED IT TO BE DETERMINED AN UNFUNDED MANDATE
40 PURSUANT TO SECTION NINE HUNDRED NINETY-FOUR OF THIS ARTICLE, AND THERE-
41 AFTER THE COUNCIL SHALL FORWARD SUCH STATUTE, TOGETHER WITH ITS ENDORSE-
42 MENT, TO THE LEGISLATURE, AS PROVIDED BY THIS SECTION.
43 2. WHENEVER THE COUNCIL VOTES TO ENDORSE THE REPEAL OF A STATUTE AS AN
44 UNFUNDED MANDATE, PURSUANT TO THE PROCEDURES OF SUBDIVISION ONE OF THIS
45 SECTION, IT SHALL PREPARE A BILL FOR POSSIBLE SUBMISSION TO THE LEGISLA-
46 TURE, CONCERNING THE REPEAL OF THE STATUTE ENDORSED FOR REPEAL THAT THE
47 COUNCIL DETERMINED TO BE AN UNFUNDED MANDATE PURSUANT TO SECTION NINE
48 HUNDRED NINETY-FOUR OF THIS ARTICLE. SUCH BILL SHALL INCLUDE THE NECES-
49 SARY PROVISIONS FOR REPEAL OF SUCH STATUTE, AS WELL AS ANY OTHER
50 PROVISIONS NECESSARY TO EFFECTUATE THE CONTINUED OPERATIONS OF STATE OR
51 LOCAL GOVERNMENT, WHICH WOULD BE REQUIRED AS A RESULT OF THE REPEAL.
52 3. UPON THE DRAFTING OF THE BILL AS PROVIDED IN SUBDIVISION TWO OF
53 THIS SECTION, THE COUNCIL SHALL CONSIDER WHETHER IT SHOULD PRESENT SUCH
54 BILL TO THE LEGISLATURE AS AN ENDORSED STATUTORY REPEAL BILL. THE MEET-
55 ING TO CONSIDER WHETHER THE COUNCIL SHALL PRESENT SUCH BILL TO THE STATE
56 LEGISLATURE AS AN ENDORSED STATUTORY REPEAL BILL OF THE COUNCIL, AND ALL
S. 5758--A 29
1 THE DELIBERATIONS AND DISCUSSIONS AT SUCH MEETING, SHALL BE SUBJECT TO
2 THE PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. THE COUNCIL
3 SHALL MAKE ITS DETERMINATION AS TO WHETHER THE COUNCIL SHOULD PRESENT
4 SUCH BILL TO THE LEGISLATURE AS AN ENDORSED STATUTORY REPEAL BILL OF THE
5 COUNCIL, BY MEANS OF A MAJORITY VOTE OF ALL THE MEMBERS OF THE COUNCIL,
6 AFTER DUE CONSIDERATION OF THE FACTS AND UPON DUE DELIBERATION AND
7 DISCUSSION OF THE MEMBERS. IN THE EVENT THE COUNCIL DETERMINES THAT THE
8 COUNCIL SHALL PRESENT SUCH BILL TO THE STATE LEGISLATURE AS AN ENDORSED
9 STATUTORY REPEAL BILL OF THE COUNCIL, THE COUNCIL SHALL INFORM, IN WRIT-
10 ING, ALL THE ENTITIES AFFECTED BY THE REPEAL OF SUCH STATUTE IN QUES-
11 TION, AS WELL AS THE GOVERNMENT OR DISTRICT THAT REQUESTED IT TO BE
12 DETERMINED AN UNFUNDED MANDATE, AND THEREAFTER THE COUNCIL SHALL FORWARD
13 SUCH ENDORSED STATUTORY REPEAL BILL OF THE COUNCIL, TO BOTH HOUSES OF
14 THE LEGISLATURE, BY MEANS OF THE OFFICE OF THE SPEAKER OF THE ASSEMBLY
15 AND BY MEANS OF THE OFFICE OF THE TEMPORARY PRESIDENT OF THE SENATE,
16 TOGETHER WITH COPIES OF SUCH ENDORSED STATUTORY REPEAL BILL OF THE
17 COMMISSION TO THE OFFICE OF THE GOVERNOR AND THE OFFICE OF THE MINORITY
18 LEADER OF THE ASSEMBLY AND THE OFFICE OF THE MINORITY LEADER IN THE
19 SENATE.
20 4. IN NO EVENT SHALL THE COUNCIL PRESENT AN ENDORSED STATUTORY REPEAL
21 BILL TO THE LEGISLATURE:
22 A. MORE THAN TWICE IN ANY MONTH;
23 B. IF THE LEGISLATURE IS NOT IN REGULAR SESSION; AND/OR
24 C. IF MORE THAN SIXTY DAYS HAS ELAPSED SINCE THE VOTE WAS TAKEN BY THE
25 COUNCIL TO ENDORSE THE REPEAL OF THE STATUTE IN QUESTION PURSUANT TO
26 SUBDIVISION ONE OF THIS SECTION.
27 5. IN THE EVENT THE LEGISLATURE WAS NOT IN REGULAR SESSION WITHIN THE
28 SIXTY DAYS AFTER THE VOTE WAS TAKEN BY THE COUNCIL TO ENDORSE THE REPEAL
29 OF THE STATUTE IN QUESTION, THE COUNCIL MAY PRESENT SUCH ENDORSED STATU-
30 TORY REPEAL BILL TO THE LEGISLATURE, IN THE MANNER PROVIDED IN SUBDIVI-
31 SION THREE OF THIS SECTION, ANY TIME WITHIN THE FIRST SEVEN DAYS THE
32 LEGISLATURE NEXT CONVENES OR RECONVENES IN REGULAR SESSION. IN NO EVENT
33 HOWEVER, MAY THE COUNCIL PRESENT MORE THAN FIFTEEN ENDORSED STATUTORY
34 REPEAL BILLS TO THE LEGISLATURE IN ANY CALENDAR YEAR.
35 6. UPON ITS PROPER PRESENTMENT TO THE LEGISLATURE, THE ENDORSED STATU-
36 TORY REPEAL BILL SHALL BE INTRODUCED AND VOTED ON BY EACH HOUSE OF THE
37 LEGISLATURE, WITHOUT AMENDMENT AS PRESENTED BY THE COUNCIL, WITHIN THIR-
38 TY DAYS AFTER ITS PROPER PRESENTMENT. THE COUNCIL MAY AMEND THE ENDORSED
39 STATUTORY REPEAL BILL ONE TIME WITHIN SUCH THIRTY DAY PERIOD, WHEREUPON
40 BOTH HOUSES OF THE LEGISLATURE SHALL THEN HAVE THIRTY DAYS FROM THE
41 SUBMISSION OF SUCH AMENDMENT TO VOTE ON THE AMENDED ENDORSED STATUTORY
42 REPEAL BILL. WITHOUT THE CONSENT OF BOTH HOUSES OF THE LEGISLATURE,
43 NEITHER AN ENDORSED STATUTORY REPEAL BILL, NOR AN AMENDMENT MAY BE
44 SUBMITTED BY THE COUNCIL AFTER THE THIRTIETH DAY OF MAY IN ANY YEAR.
45 7. UNDER PROVISIONS CONTAINED IN AN ENDORSED STATUTORY REPEAL BILL, A
46 PROVISION OF SUCH BILL MAY BE EFFECTIVE AT A TIME LATER THAN THE DATE ON
47 WHICH THE BILL OTHERWISE IS EFFECTIVE.
48 S 996. REPORTS AND RECOMMENDATIONS OF THE NEW YORK STATE MANDATE
49 RELIEF COUNCIL. IN ADDITION TO ALL OTHER ACTIVITIES OF THE COUNCIL, IT
50 SHALL ALSO MAKE, UPON A MAJORITY VOTE OF THE MEMBERS OF ITS BOARD, SUCH
51 PUBLIC REPORTS AND RECOMMENDATIONS AS IT DEEMS NECESSARY FOR THE
52 ADVANCEMENT OF ITS POWERS AND DUTIES. ALL MEETINGS TO CONSIDER WHETHER
53 TO MAKE OR ISSUE SUCH A PUBLIC REPORT OR RECOMMENDATION, AND ALL THE
54 DELIBERATIONS AND DISCUSSIONS AT SUCH MEETINGS, SHALL BE SUBJECT TO THE
55 PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. IN ADDITION TO
56 ALL OTHER REPORTS AND RECOMMENDATIONS THAT THE COUNCIL MAY VOTE TO MAKE,
S. 5758--A 30
1 THE COUNCIL SHALL PRODUCE AND PROVIDE AN ANNUAL REPORT OF THE COUNCIL,
2 ITS ACTIVITIES, AND THE ISSUES, STATUTES, REGULATIONS, RULES AND ORDERS
3 WHICH IT EXAMINED AND CONSIDERED. SUCH ANNUAL REPORT SHALL BE PRODUCED
4 AND ISSUED NO LATER THAN THE FIFTEENTH DAY OF DECEMBER, AND SHALL BE
5 PRESENTED TO EACH HOUSE OF THE LEGISLATURE, BY MEANS OF THE OFFICE OF
6 THE SPEAKER OF THE ASSEMBLY AND BY MEANS OF THE OFFICE OF THE TEMPORARY
7 PRESIDENT OF THE SENATE, TOGETHER WITH COPIES OF SUCH ANNUAL REPORT TO
8 THE OFFICE OF THE GOVERNOR AND THE OFFICE OF THE MINORITY LEADER OF THE
9 ASSEMBLY AND THE OFFICE OF THE MINORITY LEADER IN THE SENATE. THE ANNUAL
10 REPORT OF THE COUNCIL SHALL ALSO BE POSTED FOR PUBLIC REVIEW UPON THE
11 COUNCIL'S WEBSITE.
12 S 997. COMPTROLLER REPORT OF UNFUNDED MANDATES. ON OR BEFORE THE THIR-
13 TY-FIRST DAY OF DECEMBER, TWO THOUSAND ELEVEN, AND THEN EVERY FIVE YEARS
14 THEREAFTER, THE OFFICE OF THE STATE COMPTROLLER SHALL ISSUE A REPORT TO
15 THE LEGISLATURE, BY MEANS OF THE OFFICE OF THE SPEAKER OF THE ASSEMBLY
16 AND BY MEANS OF THE OFFICE OF THE TEMPORARY PRESIDENT OF THE SENATE,
17 TOGETHER WITH COPIES OF SUCH ANNUAL REPORT TO THE OFFICE OF THE GOVERNOR
18 AND THE OFFICE OF THE MINORITY LEADER OF THE ASSEMBLY AND THE OFFICE OF
19 THE MINORITY LEADER IN THE SENATE ON THE ISSUE OF UNFUNDED MANDATES BY
20 THE FEDERAL AND STATE GOVERNMENT UPON THE CITIES, TOWNS, VILLAGES AND
21 COUNTY GOVERNMENTS, SCHOOL DISTRICTS, FIRE DISTRICTS, WATER DISTRICTS,
22 AND OTHER SPECIAL DISTRICTS THROUGHOUT NEW YORK STATE. SUCH REPORT SHALL
23 DETAIL, IN SPECIFICITY, THE FINANCIAL IMPLICATIONS OF SUCH MANDATES UPON
24 SUCH GOVERNMENTS AND DISTRICTS, AND THEIR REAL PROPERTY TAXPAYERS, AS
25 WELL AT THE METHODS AND MEANS THAT HAVE BEEN USED BY SUCH GOVERNMENTS
26 AND DISTRICTS TO ADDRESS SUCH MANDATES. SUCH REPORT SHALL FURTHER OFFER
27 RECOMMENDATIONS TO THE STATE LEGISLATURE AND TO CITIES, TOWNS, VILLAGES
28 AND COUNTY GOVERNMENTS, SCHOOL DISTRICTS, FIRE DISTRICTS, WATER
29 DISTRICTS AND OTHER SPECIAL DISTRICTS THROUGHOUT NEW YORK STATE.
30 S 998. FISCAL NOTES FOR BILLS ENACTING MANDATES UPON LOCAL GOVERN-
31 MENTS. ANY BILL WHICH REQUIRES A CITY, TOWN, VILLAGE OR COUNTY GOVERN-
32 MENT, SCHOOL DISTRICT, FIRE DISTRICT, WATER DISTRICT OR OTHER SPECIAL
33 DISTRICT TO TAKE ANY ACTION, OR REFRAIN FROM TAKING ANY ACTION, AND
34 WHICH DOES NOT CONTAIN AN APPROPRIATION FOR SUCH CITY, TOWN, VILLAGE OR
35 COUNTY GOVERNMENT, SCHOOL DISTRICT, FIRE DISTRICT, WATER DISTRICT OR
36 OTHER SPECIAL DISTRICT TO COVER THE COST OF TAKING SUCH REQUIRED ACTION,
37 OR REFRAINING FROM TAKING SUCH ACTION, SHALL CONTAIN A FISCAL NOTE,
38 PRINTED ON THE BOTTOM OF THE BILL, STATING THE ESTIMATED ANNUAL COST
39 SUCH CITY, TOWN, VILLAGE OR COUNTY GOVERNMENT, SCHOOL DISTRICT, FIRE
40 DISTRICT, WATER DISTRICT OR OTHER SPECIAL DISTRICT WILL INCUR IN THE
41 EVENT SUCH BILL IS ENACTED, AND THE SOURCE OF SUCH ESTIMATE. FOR THE
42 PURPOSE OF COMPLYING WITH THIS SECTION, THE OFFICE OF THE STATE COMP-
43 TROLLER, UPON A REQUEST FROM A MEMBER OF THE SENATE OR ASSEMBLY FOR SUCH
44 A FISCAL NOTE, SHALL ISSUE AND PROVIDE SUCH FISCAL NOTE TO SUCH MEMBER
45 OF THE SENATE OR ASSEMBLY, WITHIN FIFTEEN DAYS OF SUCH REQUEST. UPON
46 THE REQUEST OF THE STATE COMPTROLLER, OR FROM A MEMBER OF THE SENATE OR
47 ASSEMBLY, ANY DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY OF
48 STATE GOVERNMENT SHALL PROVIDE ALL INFORMATION NECESSARY FOR THE PREPA-
49 RATION OF A FISCAL NOTE, WITHIN TEN DAYS OF SUCH REQUEST.
50 S 999. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION,
51 SECTION OR PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPE-
52 TENT JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR,
53 OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
54 TION TO THE CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR PART
55 THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT
56 SHALL HAVE BEEN RENDERED. IT IS HEREBY DECLARED TO BE THE INTENT OF THE
S. 5758--A 31
1 LEGISLATURE THAT THIS ARTICLE WOULD HAVE BEEN ENACTED EVEN IF SUCH
2 INVALID PROVISIONS HAD NOT BEEN INCLUDED IN THIS SECTION.
3 S 2. The legislative law is amended by adding a new section 54-c to
4 read as follows:
5 S 54-C. ENDORSED STATUTORY REPEAL BILLS FROM THE NEW YORK STATE
6 MANDATE RELIEF COUNCIL. THE LEGISLATURE MAY BY CONCURRENT RESOLUTION
7 PRESCRIBE RULES FOR THE CONSIDERATION AND DISPOSITION OF ENDORSED STATU-
8 TORY REPEAL BILLS FROM THE NEW YORK STATE MANDATE RELIEF COUNCIL, AS
9 DEFINED IN ARTICLE NINETEEN-C OF THE GENERAL MUNICIPAL LAW.
10 S 3. This act shall take effect immediately.
11 PART C
12 Section 1. The general municipal law is amended by adding a new
13 section 25 to read as follows:
14 S 25. FUNDING OF MANDATES. 1. DEFINITIONS. AS USED IN THIS SECTION,
15 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE CONTEXT
16 SHALL OTHERWISE REQUIRE:
17 (A) "MANDATE" MEANS ANY STATE LAW, RULE, REGULATION OR ORDER WHICH
18 CREATES A NEW PROGRAM OR REQUIRES A HIGHER LEVEL OF SERVICE FOR AN
19 EXISTING PROGRAM WHICH A MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE.
20 (B) "UNFUNDED MANDATE" SHALL MEAN:
21 (I) ANY STATE LAW, RULE, REGULATION OR ORDER WHICH CREATES A NEW
22 PROGRAM OR REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM
23 WHICH A MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE AND WHICH RESULTS
24 IN A NET ADDITIONAL COST TO THE MUNICIPAL CORPORATION; OR
25 (II) ANY ALTERATION IN FUNDING PROVIDED TO A MUNICIPAL CORPORATION FOR
26 THE PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED TO
27 PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL COST TO THE MUNICIPAL
28 CORPORATION.
29 (C) "NET ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC-
30 IPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A LOCAL GOVERNMENT IN
31 PERFORMING OR ADMINISTERING A MANDATE AFTER SUBTRACTING THEREFROM ANY
32 REVENUES RECEIVED OR RECEIVABLE BY THE LOCAL GOVERNMENT ON ACCOUNT OF
33 THE MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED TO:
34 (I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
35 (II) STATE OR FEDERAL AID PAID SPECIFICALLY OR CATEGORICALLY IN
36 CONNECTION WITH THE PROGRAM OR SERVICE; AND
37 (III) AN OFFSETTING SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
38 NATION OF ANY OTHER PROGRAM OR SERVICE DIRECTLY ATTRIBUTABLE TO THE
39 PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
40 2. FUNDING OF MUNICIPAL CORPORATION MANDATES. NOTWITHSTANDING ANY
41 OTHER PROVISION OF LAW, NO UNFUNDED MANDATE SHALL BE ENACTED WHICH
42 CREATES AN ANNUAL NET ADDITIONAL COST TO ANY MUNICIPAL CORPORATION.
43 3. EXEMPTIONS TO THE FUNDING OF MUNICIPAL CORPORATION MANDATES
44 REQUIREMENT. (A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY NEW OR
45 EXPANDED PROGRAMS IF:
46 (I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT;
47 (II) THE MANDATE IS PROVIDED AT THE OPTION OF THE LOCAL GOVERNMENT
48 UNDER A LAW, REGULATION, RULE, OR ORDER THAT IS PERMISSIVE RATHER THAN
49 MANDATORY;
50 (III) THE MANDATE RESULTS FROM THE PASSAGE OF A HOME RULE MESSAGE
51 WHEREBY A LOCAL GOVERNMENT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM
52 OR SERVICE SPECIFIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS ONLY
53 UPON THAT LOCAL GOVERNMENT WHICH REQUESTS THE AUTHORITY TO IMPOSE THE
54 PROGRAM OR SERVICE;
S. 5758--A 32
1 (IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
2 THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
3 (V) THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE-
4 MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
5 FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
6 EXECUTIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY THE
7 FEDERAL GOVERNMENT.
8 (B) EACH ACT ESTABLISHING A MANDATE SHALL PROVIDE THAT THE EFFECTIVE
9 DATE OF ANY SUCH MANDATE IMPOSED ON MUNICIPAL CORPORATIONS SHALL BE
10 CONSISTENT WITH THE NEEDS OF THE STATE AND MUNICIPAL CORPORATIONS TO
11 PLAN IMPLEMENTATION THEREOF AND CONSISTENT WITH THE AVAILABILITY OF
12 REQUIRED FUNDS.
13 S 2. The general municipal law is amended by adding a new section 25-a
14 to read as follows:
15 S 25-A. FISCAL NOTES FOR BILLS ENACTING MANDATES UPON LOCAL GOVERN-
16 MENTS AND SCHOOL DISTRICTS. 1. ANY BILL WHICH REQUIRES A CITY, TOWN,
17 VILLAGE OR COUNTY GOVERNMENT, SCHOOL DISTRICT, FIRE DISTRICT, WATER
18 DISTRICT OR OTHER SPECIAL DISTRICT TO TAKE ANY ACTION, OR REFRAIN FROM
19 TAKING ANY ACTION, AND WHICH DOES NOT CONTAIN AN APPROPRIATION FOR SUCH
20 CITY, TOWN, VILLAGE OR COUNTY GOVERNMENT, SCHOOL DISTRICT, FIRE
21 DISTRICT, WATER DISTRICT OR OTHER SPECIAL DISTRICT TO COVER THE COST OF
22 TAKING SUCH REQUIRED ACTION, OR REFRAINING FROM TAKING SUCH ACTION,
23 SHALL CONTAIN A FISCAL NOTE, PRINTED ON THE BOTTOM OF THE BILL, STATING
24 THE ESTIMATED ANNUAL COST SUCH CITY, TOWN, VILLAGE OR COUNTY GOVERNMENT,
25 SCHOOL DISTRICT, FIRE DISTRICT, WATER DISTRICT OR OTHER SPECIAL DISTRICT
26 WILL INCUR IN THE EVENT SUCH BILL IS ENACTED, AND THE SOURCE OF SUCH
27 ESTIMATE. FOR THE PURPOSE OF COMPLYING WITH THIS SECTION, THE OFFICE OF
28 THE STATE COMPTROLLER, UPON A REQUEST FROM A MEMBER OF THE SENATE OR
29 ASSEMBLY FOR SUCH A FISCAL NOTE, SHALL ISSUE AND PROVIDE SUCH FISCAL
30 NOTE TO SUCH MEMBER OF THE SENATE OR ASSEMBLY, WITHIN FIFTEEN DAYS OF
31 SUCH REQUEST. UPON REQUEST OF THE STATE COMPTROLLER, OR FROM A MEMBER
32 OF THE SENATE OR ASSEMBLY, ANY DEPARTMENT, DIVISION, OFFICE, BUREAU OR
33 OTHER AGENCY OF STATE GOVERNMENT SHALL PROVIDE ALL INFORMATION NECESSARY
34 FOR THE PREPARATION OF A FISCAL NOTE, WITHIN TEN DAYS OF SUCH REQUEST.
35 EACH HOUSE OF THE LEGISLATURE SHALL DESIGNATE A LOCAL FISCAL NOTE COUN-
36 SEL WHO SHALL BE RESPONSIBLE FOR THE DETERMINATION OF WHETHER A BILL
37 SHALL REQUIRE A FISCAL NOTE PURSUANT TO THIS SECTION.
38 2. PRIOR TO THE PROMULGATION, ISSUANCE OR AMENDMENT OF ANY REGULATION,
39 RULE OR ORDER, WHICH MAY REQUIRE AN INCREASE IN THE EXPENDITURES OF
40 MONEYS BY A CITY, TOWN, VILLAGE OR COUNTY GOVERNMENT, SCHOOL DISTRICT,
41 FIRE DISTRICT, WATER DISTRICT OR OTHER SPECIAL DISTRICT, THE DEPARTMENT,
42 DIVISION, OFFICE, BUREAU OR OTHER AGENCY OF STATE GOVERNMENT, SEEKING TO
43 PROMULGATE, ISSUE OR AMEND SUCH REGULATION, RULE OR ORDER SHALL PUBLISH
44 A FISCAL NOTE, STATING THE ESTIMATED ANNUAL COST SUCH CITY, TOWN,
45 VILLAGE OR COUNTY GOVERNMENT, SCHOOL DISTRICT, FIRE DISTRICT, WATER
46 DISTRICT OR OTHER SPECIAL DISTRICT WILL INCUR IN THE EVENT SUCH REGU-
47 LATION, RULE OR ORDER IS PROMULGATED, ISSUED OR AMENDED, AND THE SOURCE
48 OF SUCH ESTIMATE. FOR THE PURPOSE OF COMPLYING WITH THIS SECTION, THE
49 OFFICE OF THE STATE COMPTROLLER, UPON A REQUEST FROM A DEPARTMENT, DIVI-
50 SION, OFFICE, BUREAU OR OTHER AGENCY OF STATE GOVERNMENT FOR SUCH A
51 FISCAL NOTE, SHALL ISSUE AND PROVIDE SUCH FISCAL NOTE TO SUCH DEPART-
52 MENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY OF STATE GOVERNMENT,
53 WITHIN FIFTEEN DAYS OF SUCH REQUEST. UPON REQUEST OF THE STATE COMP-
54 TROLLER, ANY DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY OF
55 STATE GOVERNMENT SHALL PROVIDE ALL INFORMATION NECESSARY FOR THE PREPA-
56 RATION OF A FISCAL NOTE, WITHIN TEN DAYS OF SUCH REQUEST.
S. 5758--A 33
1 S 3. Section 51 of the legislative law, as added by chapter 985 of the
2 laws of 1983, is amended to read as follows:
3 S 51. Fiscal impact notes on bills affecting political subdivisions.
4 1. For the purpose of this section, the term "political subdivision"
5 means any county, city, town, village, special district or school
6 district.
7 2. [The] IN ADDITION TO THE PROVISIONS OF SECTION TWENTY-FIVE-A OF THE
8 GENERAL MUNICIPAL LAW, THE legislature [shall] MAY by concurrent resol-
9 ution of the senate and assembly prescribe rules requiring fiscal notes
10 to accompany, on a separate form, bills and amendments to bills, except
11 as otherwise prescribed by such rules, which would substantially affect
12 the revenues or expenses, or both, of any political subdivision.
13 3. [Fiscal] EXCEPT AS TO THE EXTENT REQUIRED IN THE PROVISIONS OF
14 SECTION TWENTY-FIVE-A OF THE GENERAL MUNICIPAL LAW, FISCAL notes shall
15 not, however, be required for bills: (a) subject to the provisions of
16 section fifty of this chapter, or (b) accompanied by special home rule
17 requests submitted by political subdivisions, or (c) which provide
18 discretionary authority to political subdivisions, or (d) submitted
19 pursuant to section twenty-four of the state finance law.
20 4. If the estimate or estimates contained in a fiscal note are inaccu-
21 rate, such inaccuracies shall not affect, impair or invalidate such
22 bill.
23 S 4. The state administrative procedure act is amended by adding a new
24 section 105 to read as follows:
25 S 105. FISCAL IMPACT NOTES ON REGULATIONS, RULES OR ORDERS AFFECTING
26 POLITICAL SUBDIVISIONS. 1. PRIOR TO THE PROMULGATION, ISSUANCE OR
27 AMENDMENT OF ANY REGULATION, RULE OR ORDER, WHICH MAY REQUIRE AN
28 INCREASE IN THE EXPENDITURES OF MONEYS BY A CITY, TOWN, VILLAGE OR COUN-
29 TY GOVERNMENT, SCHOOL DISTRICT, FIRE DISTRICT, WATER DISTRICT OR OTHER
30 SPECIAL DISTRICT, THE DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER
31 AGENCY OF STATE GOVERNMENT, SEEKING TO PROMULGATE, ISSUE OR AMEND SUCH
32 REGULATION, RULE OR ORDER SHALL PUBLISH A FISCAL NOTE, STATING THE ESTI-
33 MATED ANNUAL COST SUCH CITY, TOWN, VILLAGE OR COUNTY GOVERNMENT, SCHOOL
34 DISTRICT, FIRE DISTRICT, WATER DISTRICT OR OTHER SPECIAL DISTRICT WILL
35 INCUR IN THE EVENT SUCH REGULATION, RULE OR ORDER IS PROMULGATED, ISSUED
36 OR AMENDED, AND THE SOURCE OF SUCH ESTIMATE. FOR THE PURPOSE OF COMPLY-
37 ING WITH THIS SECTION, THE OFFICE OF THE STATE COMPTROLLER, UPON A
38 REQUEST FROM A DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY OF
39 STATE GOVERNMENT FOR SUCH A FISCAL NOTE, SHALL ISSUE AND PROVIDE SUCH
40 FISCAL NOTE TO SUCH DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY
41 OF STATE GOVERNMENT, WITHIN FIFTEEN DAYS OF SUCH REQUEST. UPON REQUEST
42 OF THE STATE COMPTROLLER, ANY DEPARTMENT, DIVISION, OFFICE, BUREAU OR
43 ANY OTHER AGENCY OF STATE GOVERNMENT SHALL PROVIDE ALL INFORMATION
44 NECESSARY FOR THE PREPARATION OF A FISCAL NOTE, WITHIN TEN DAY OF SUCH
45 REQUEST.
46 2. IF THE ESTIMATE OR ESTIMATES CONTAINED IN A FISCAL NOTE ARE INAC-
47 CURATE, SUCH INACCURACIES SHALL NOT AFFECT, IMPAIR OR INVALIDATE SUCH
48 NEWLY PROMULGATED, ISSUED OR AMENDED REGULATION, RULE OR ORDER.
49 S 5. The state technology law is amended by adding a new section 310
50 to read as follows:
51 S 310. ELECTRONIC NOTICING. 1. NOTWITHSTANDING ANY OTHER PROVISION OF
52 THIS ARTICLE OR ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, ANY
53 DEPARTMENT, DIVISION, OFFICE, BUREAU OR OTHER AGENCY OF STATE GOVERN-
54 MENT, AND ANY CITY, TOWN, VILLAGE OR COUNTY MAY SEND ANY NOTICE, BILL OR
55 OTHER COMMUNICATION BY ELECTRONIC MEANS IF THE PERSON TO WHOM THE
56 NOTICE, BILL OR OTHER COMMUNICATION IS TO BE SENT HAS AUTHORIZED THE
S. 5758--A 34
1 GOVERNMENTAL ENTITY TO SEND SUCH NOTICES, BILLS AND/OR OTHER COMMUNI-
2 CATIONS BY ELECTRONIC MEANS.
3 2. IN ANY LAW, RULE OR REGULATION THAT REQUIRES OR AUTHORIZES A
4 NOTICE, BILL OR OTHER COMMUNICATION TO BE MAILED, THE REFERENCE TO MAIL
5 SHALL BE DEEMED TO INCLUDE ELECTRONIC TRANSMITTAL OF SUCH NOTICE, BILL
6 OR OTHER COMMUNICATION TO ANY PERSON WHO HAS AUTHORIZED THE GOVERNMENTAL
7 ENTITY TO SEND NOTICES, BILLS AND/OR OTHER COMMUNICATIONS BY ELECTRONIC
8 MEANS PURSUANT TO THIS SECTION, AND ANY NOTICE, BILL OR OTHER COMMUNI-
9 CATION SENT BY ELECTRONIC MEANS TO SUCH A PERSON SHALL HAVE THE SAME
10 FORCE AND EFFECT AS ANY NOTICE, BILL OR OTHER COMMUNICATION SENT BY
11 MAIL.
12 3. IN ANY LAW, RULE OR REGULATION THAT REQUIRES OR AUTHORIZES A
13 NOTICE, BILL OR OTHER COMMUNICATION TO BE SENT, A REFERENCE TO THE LAST
14 KNOWN ADDRESS SHALL BE DEEMED TO REFER TO THE LAST KNOWN ELECTRONIC
15 MAILING ADDRESS OF ANY PERSON WHO HAS AUTHORIZED THE GOVERNMENTAL ENTITY
16 RESPONSIBLE FOR SENDING THE NOTICE, BILL OR OTHER COMMUNICATION TO SEND
17 NOTICES, BILLS AND/OR OTHER COMMUNICATIONS BY ELECTRONIC MEANS PURSUANT
18 TO THIS SECTION.
19 4. ANY LAW, RULE OR REGULATION THAT, AS OF THE EFFECTIVE DATE OF THIS
20 SECTION, AUTHORIZES A GOVERNMENTAL ENTITY TO SEND BILLS, NOTICES OR
21 OTHER COMMUNICATIONS BY ELECTRONIC MEANS SHALL NOT BE AFFECTED BY THIS
22 SECTION.
23 S 6. Subdivision 2 of section 381 of the executive law, as amended by
24 chapter 560 of the laws of 2010, is amended to read as follows:
25 2. Except as may be provided in regulations of the secretary pursuant
26 to subdivision one of this section, every local government shall admin-
27 ister and enforce the uniform fire prevention and building code and the
28 state energy conservation construction code on and after the first day
29 of January, nineteen hundred eighty-four, provided, however, that a
30 local government may enact a local law prior to the first day of July in
31 any year providing that it will not enforce such codes on and after the
32 first day of January next succeeding. In such event the county in which
33 said local government is situated shall administer and enforce such
34 codes within such local government from and after the first day of Janu-
35 ary next succeeding the effective date of such local law, in accordance
36 with the provisions of paragraph b of subdivision five of this section
37 unless the county shall have enacted a local law providing that it will
38 not enforce such codes within that county. In such event the secretary
39 in the place and stead of the local government shall, directly or by
40 contract, administer and enforce the uniform code and the state energy
41 conservation construction code. A local government or a county may
42 repeal a local law which provides that it will not enforce such codes
43 and shall thereafter administer and enforce such codes as provided
44 above. Two or more local governments may provide for joint adminis-
45 tration and enforcement of the uniform code, the state energy conserva-
46 tion construction code, or both, by agreement pursuant to article five-G
47 of the general municipal law. Any local government may enter into agree-
48 ment with the county in which such local government is situated to
49 administer and enforce the uniform code, the state energy conservation
50 construction code, or both, within such local government. Local govern-
51 ments or counties may charge fees to defray the costs of administration
52 and enforcement. THE DEPARTMENT SHALL NOT PROMULGATE OR MAINTAIN REGU-
53 LATIONS TO REQUIRE DETAILED REPORTING UNDER THIS SECTION, BUT PURSUANT
54 TO THIS SUBDIVISION (A) EVERY CITY, VILLAGE, TOWN, AND COUNTY, CHARGED
55 UNDER THIS SUBDIVISION WITH ADMINISTRATION AND ENFORCEMENT OF THE
56 UNIFORM CODE MAY ANNUALLY SUBMIT TO THE SECRETARY, ON A FORM PRESCRIBED
S. 5758--A 35
1 BY THE SECRETARY, A REPORT OF ITS ACTIVITIES RELATIVE TO ADMINISTRATION
2 AND ENFORCEMENT OF THE UNIFORM CODE; AND (B) EVERY MUNICIPALITY OR OTHER
3 AGENCY SUBJECT TO THIS SUBDIVISION MAY FURTHER PROVIDE FROM THE RECORDS
4 AND RELATED MATERIALS IT MAINTAINS, EXCERPTS, SUMMARIES, TABULATIONS,
5 STATISTICS AND OTHER INFORMATION AND ACCOUNTS OF ITS ACTIVITIES IN
6 CONNECTION WITH ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM CODE, BUT
7 ANY FAILURE TO PRODUCE OR PROVIDE SUCH MATERIALS SHALL NOT PERMIT AN
8 INFERENCE THAT THE MINIMUM STANDARDS OF THIS SECTION, OR ANY REGULATIONS
9 PROMULGATED OR MAINTAINED THEREUNDER, HAVE NOT BEEN MET.
10 S 7. Section 204-a of the state administrative procedure act, as added
11 by chapter 479 of the laws of 2001, is amended to read as follows:
12 S 204-a. Alternate methods for implementing regulatory mandates. 1. As
13 used in this section:
14 (a) "local government" means any county, city, town, village, school
15 district, fire district or other special district;
16 (b) "regulatory mandate" means any rule which requires one or more
17 local governments to create a new program, increase the level of service
18 for an existing program or otherwise comply with mandatory requirements;
19 and
20 (c) "petition" means a document submitted by a local government seek-
21 ing approval of an alternate method for implementing a regulatory
22 mandate.
23 2. A LOCAL GOVERNMENT, TWO OR MORE LOCAL GOVERNMENTS ACTING JOINTLY,
24 OR THE NEW YORK STATE MANDATE RELIEF COUNCIL ON BEHALF OF A LOCAL
25 GOVERNMENT OR COLLECTION OF LOCAL GOVERNMENTS MAY SEEK APPROVAL FOR AN
26 ALTERNATE METHOD OF IMPLEMENTING A REGULATORY MANDATE BY SUBMITTING TO
27 THE APPROPRIATE STATE AGENCY A petition WHICH shall include:
28 (a) FOR EACH INVOLVED LOCAL GOVERNMENT, an indication that submission
29 has been approved by the [governing body] CHIEF ELECTED OFFICER of the
30 local government or by an officer duly authorized by the governing body
31 to do so;
32 (b) an identification of the regulatory mandate which is the subject
33 of the petition and information sufficient to establish that the
34 proposed alternate method of implementation is consistent with and will
35 effectively carry out the objectives of the regulatory mandate;
36 (c) information [on the process used by the local government to ensure
37 that all stakeholders have been appropriately involved in the process of
38 developing the alternate method, including where relevant the date of
39 any hearing, forum or other meeting to seek input on the alternate meth-
40 od] SUFFICIENT TO ESTABLISH THAT THE PROPOSED ALTERNATE METHOD OF IMPLE-
41 MENTATION IS CONSISTENT WITH AND WILL EFFECTIVELY CARRY OUT THE OBJEC-
42 TIVES OF THE REGULATORY MANDATE;
43 (d) [documentation that the petition has been submitted to the author-
44 ized agents of any certified or recognized employee organizations
45 representing employees who would be effected by implementation of the
46 alternate method;
47 (e) a proposed plan and timetable for compiling and reporting informa-
48 tion to facilitate evaluation of the effectiveness of the alternate
49 method;
50 (f) if the state provides financial assistance for complying with the
51 regulatory mandate, any proposed amount or percentage of such assistance
52 which would be returned to the state due to savings from implementing
53 the alternate method; and
54 (g)] the name, public office address and telephone number of the
55 representative of the local government who will coordinate requests for
56 additional information on the petition; AND
S. 5758--A 36
1 [3. Two] (E) WHERE TWO or more local governments [may submit a peti-
2 tion] HAVE PETITIONED jointly, [provided that each local government
3 meets the requirements of paragraphs (a), (c), (d) and (g) of subdivi-
4 sion two of this section, and provided that the petition] INFORMATION
5 WHICH addresses the manner in which responsibility for implementation
6 will be allocated between or among the participating local governments.
7 [4] 3. The agency shall cause a notice of the petition to be
8 published in the state register and shall receive comments on the peti-
9 tion for a period of thirty days. Such notice shall either include the
10 full text of the information set forth in the petition or shall set
11 forth the address of a website on which the full text has been posted.
12 The notice shall include the name, public office address and telephone
13 number, and may include a fax number and electronic mail address, of an
14 agency representative from whom additional information on the petition
15 can be obtained and to whom comments on the petition may be submitted.
16 [5. (a)] 4. Not later than thirty days after the last day of the
17 comment period, the agency shall approve or disapprove the petition. The
18 agency may approve the petition without change or with such conditions
19 or modifications as the agency deems appropriate. Notice of the agency
20 determination shall be provided in writing to the local government and
21 shall be published in the state register. The agency shall not grant a
22 petition unless it determines that the petition has met the requirements
23 of subdivision two of this section and that the local government has
24 established that the alternate method is consistent with and will effec-
25 tively carry out the objectives of the regulatory mandate; provided,
26 however, that no petition shall be approved which would result in the
27 contravention of any environmental, health or safety standard [or would
28 reduce any benefits or rights accorded by law or rule to third parties.
29 In approving a petition, an agency may waive a statutory provision only
30 if it is specifically authorized by law to waive such provision]. An
31 approval shall include a timetable for agency evaluation of the effec-
32 tiveness of the alternate method.
33 [(b) Notwithstanding the provisions of paragraph (a) of this subdivi-
34 sion, upon receipt of an objection to a petition from the authorized
35 agent of any certified or recognized employee organization representing
36 employees who would be affected by implementation of the alternate meth-
37 od, the agency shall provide any such organizations with an opportunity
38 for a hearing. If an adjudicatory proceeding is requested, the petition
39 shall not be approved unless the agency determines by a preponderance of
40 the evidence that implementing the alternate method would not affect
41 such employees by contravening any environmental, health or safety stan-
42 dard, reducing any rights or benefits or violating the terms of any
43 negotiated agreement, and that all other requirements of this section
44 have been met. The provisions of this subdivision are in addition to and
45 shall not be construed to impair or modify any rights of such employees
46 under any other law, regulation or contract.]
47 5. A LOCAL GOVERNMENT OR NEW YORK STATE MANDATE RELIEF COUNCIL THAT
48 OBJECTS TO A STATE AGENCY DETERMINATION TO MODIFY OR DISAPPROVE ITS
49 PETITION MAY APPEAL IN WRITING TO THE GOVERNOR'S DIRECTOR OF STATE OPER-
50 ATIONS, WHO, UPON REVIEW OF THE AGENCY'S FINDINGS AND DETERMINATION, MAY
51 APPROVE, MODIFY OR DISAPPROVE THE PETITION.
52 6. Nothing in this section shall require a local government to
53 commence or continue an alternate method of implementation if it deter-
54 mines in its sole discretion not to do so, except to the extent that a
55 local government has committed to commencing or continuing an alternate
S. 5758--A 37
1 method in a joint petition submitted pursuant to subdivision [three] TWO
2 of this section.
3 7. A state agency may rescind its approval of a petition [at any time
4 if it determines, based on the information reported pursuant to para-
5 graph (e) of subdivision two of this section or other information avail-
6 able to it, that the alternate method is not effectively carrying out
7 the objectives of the regulatory mandate or is being implemented in a
8 manner detrimental to the public interest] ONLY AFTER A HEARING,
9 PROVIDED, HOWEVER, THAT THE AGENCY MAY SUSPEND ITS APPROVAL OF A PETI-
10 TION PRIOR TO A HEARING IF IT FINDS THAT IMMEDIATE SUSPENSION IS NECES-
11 SARY TO ADDRESS AN IMMINENT THREAT TO HEALTH OR SAFETY. NOTICE OF A
12 HEARING MUST BE PROVIDED TO THE PETITIONER AT LEAST THIRTY DAYS PRIOR TO
13 THE HEARING AND MUST BE POSTED ON THE AGENCY'S WEBSITE. SUCH NOTICE MUST
14 STATE THE BASIS FOR THE AGENCY'S DECISION TO SEEK RESCISSION AND INFORM
15 THE LOCAL GOVERNMENT THAT IT MAY REQUEST INFORMATION RELIED UPON BY THE
16 AGENCY IN MAKING ITS DETERMINATION, WHICH INFORMATION MUST BE PROVIDED
17 TO THE PETITIONER AT LEAST SEVEN DAYS IN ADVANCE OF THE HEARING. AFTER
18 SUCH HEARING, THE AGENCY MAY RESCIND ITS APPROVAL UPON A FINDING THAT
19 THE ALTERNATIVE METHOD OF IMPLEMENTATION IS NOT CONSISTENT WITH OR DOES
20 NOT EFFECTIVELY CARRY OUT THE OBJECTIVES OF THE REGULATORY MANDATE.
21 [7.] 8. Notwithstanding any other provision of law, implementation of
22 an alternate method approved by an agency pursuant to this section shall
23 be deemed to lawfully meet all requirements of the regulatory mandate.
24 An agency shall retain the authority to enforce compliance with the
25 alternate method in the same manner as it may enforce compliance with
26 the underlying rule. Any action on a petition by a state agency shall be
27 subject to review pursuant to article seventy-eight of the civil prac-
28 tice law and rules.
29 [8.] 9. In accordance with the timetable established pursuant to
30 subdivision [four] THREE of this section, the agency shall evaluate the
31 effectiveness of the alternate method in carrying out the objectives of
32 the regulatory mandate. The evaluation shall identify any savings or
33 other benefits, and any costs or other disadvantages, of implementing
34 the alternate method, and shall address the desirability of incorporat-
35 ing the alternate method into the rules of the agency. Notice of avail-
36 ability of the evaluation shall be published in the state register.
37 S 7-a. The state administrative procedure act is amended by adding a
38 new section 204-b to read as follows:
39 S 204-B. WAIVERS OF REGULATORY MANDATES. 1. AS USED IN THIS SECTION:
40 (A) "LOCAL GOVERNMENT" MEANS ANY COUNTY, CITY, TOWN, VILLAGE, SCHOOL
41 DISTRICT, FIRE DISTRICT OR OTHER SPECIAL DISTRICT;
42 (B) "REGULATORY MANDATE" MEANS ANY RULE WHICH REQUIRES ONE OR MORE
43 LOCAL GOVERNMENTS TO CREATE A NEW PROGRAM, INCREASE THE LEVEL OF SERVICE
44 FOR AN EXISTING PROGRAM OR OTHERWISE COMPLY WITH MANDATORY REQUIREMENTS;
45 AND
46 (C) "WAIVER PETITION" MEANS A DOCUMENT SUBMITTED BY A LOCAL GOVERNMENT
47 SEEKING A WAIVER OF A REGULATORY MANDATE.
48 2. A LOCAL GOVERNMENT OR THE NEW YORK STATE MANDATE RELIEF COUNCIL ON
49 BEHALF OF A LOCAL GOVERNMENT OR COLLECTION OF LOCAL GOVERNMENTS MAY SEEK
50 A WAIVER OF A REGULATORY MANDATE, IN WHOLE OR IN PART, BY SUBMITTING TO
51 THE APPROPRIATE STATE AGENCY A WAIVER PETITION WHICH SHALL INCLUDE:
52 (A) AN INDICATION THAT SUBMISSION HAS BEEN APPROVED BY THE CHIEF
53 ELECTED OFFICER OF THE LOCAL GOVERNMENT OR BY AN OFFICER DULY AUTHORIZED
54 BY THE GOVERNING BODY TO DO SO OR BY THE NEW YORK STATE MANDATE RELIEF
55 COUNCIL;
S. 5758--A 38
1 (B) AN IDENTIFICATION OF THE REGULATORY MANDATE WHICH IS THE SUBJECT
2 OF THE PETITION;
3 (C) INFORMATION SUFFICIENT TO ESTABLISH THAT (I) THE REGULATORY
4 MANDATE WILL IMPOSE A SIGNIFICANT COST ON THE LOCAL GOVERNMENT; (II) THE
5 LOCAL GOVERNMENT IS IN A FINANCIAL EMERGENCY, AS DEFINED IN SECTION
6 85.00 OF THE LOCAL FINANCE LAW, OR HAS UNIQUE CIRCUMSTANCES SUCH THAT
7 THE REGULATORY MANDATE HAS AN IMPACT THAT IS MORE ADVERSE UPON IT THAN
8 UPON MOST OTHER LOCAL GOVERNMENTS; (III) GRANTING THE WAIVER WILL NOT
9 HARM PUBLIC HEALTH OR SAFETY OR VIOLATE APPLICABLE FEDERAL REQUIREMENTS;
10 AND
11 (D) THE NAME, PUBLIC OFFICE ADDRESS AND TELEPHONE NUMBER OF THE REPRE-
12 SENTATIVE OF THE LOCAL GOVERNMENT WHO WILL COORDINATE REQUESTS FOR ADDI-
13 TIONAL INFORMATION ON THE PETITION.
14 3. THE AGENCY SHALL CAUSE A NOTICE OF THE WAIVER PETITION TO BE
15 PUBLISHED IN THE STATE REGISTER AND SHALL RECEIVE COMMENTS ON THE PETI-
16 TION FOR A PERIOD OF THIRTY DAYS. SUCH NOTICE SHALL EITHER INCLUDE THE
17 FULL TEXT OF THE INFORMATION SET FORTH IN THE WAIVER PETITION OR SHALL
18 SET FORTH THE ADDRESS OF A WEBSITE ON WHICH THE FULL TEXT HAS BEEN POST-
19 ED. THE NOTICE SHALL INCLUDE THE NAME, PUBLIC OFFICE ADDRESS AND TELE-
20 PHONE NUMBER, AND MAY INCLUDE A FAX NUMBER AND ELECTRONIC MAIL ADDRESS,
21 OF AN AGENCY REPRESENTATIVE FROM WHOM ADDITIONAL INFORMATION ON THE
22 PETITION CAN BE OBTAINED AND TO WHOM COMMENTS ON THE PETITION MAY BE
23 SUBMITTED.
24 4. NOT LATER THAN THIRTY DAYS AFTER THE LAST DAY OF THE COMMENT PERI-
25 OD, THE AGENCY SHALL APPROVE OR DISAPPROVE THE WAIVER PETITION,
26 PROVIDED, HOWEVER, THAT NO WAIVER SHALL BE APPROVED WHICH WOULD RESULT
27 IN THE CONTRAVENTION OF ANY ENVIRONMENTAL, HEALTH OR SAFETY STANDARD.
28 NOTICE OF THE AGENCY DETERMINATIONS SHALL BE PROVIDED IN WRITING TO THE
29 LOCAL GOVERNMENT AND SHALL BE PUBLISHED IN THE STATE REGISTER. A LOCAL
30 GOVERNMENT THAT OBJECTS TO A STATE AGENCY DETERMINATION TO MODIFY OR
31 DISAPPROVE A PETITION MAY APPEAL IN WRITING TO THE GOVERNOR'S DIRECTOR
32 OF STATE OPERATIONS, WHO, UPON REVIEW OF THE AGENCY'S FINDINGS AND
33 DETERMINATION, MAY APPROVE, MODIFY OR DISAPPROVE THE PETITION.
34 5. UNLESS THE AGENCY FINDS IN WRITING THAT A LESSER PERIOD IS
35 WARRANTED, A WAIVER SHALL EXPIRE AND BE DEEMED REVOKED FIVE YEARS AFTER
36 THE APPROVAL THEREOF. A LOCAL GOVERNMENT OR THE NEW YORK STATE MANDATE
37 RELIEF COUNCIL MAY SEEK AN EXTENSION OF AN EXPIRING WAIVER BY FILING A
38 NEW WAIVER PETITION THAT MEETS THE REQUIREMENTS OF SUBDIVISION TWO OF
39 THIS SECTION. THE AGENCY SHALL REVIEW ANY SUCH PETITION IN ACCORDANCE
40 WITH THIS SECTION.
41 6. A STATE AGENCY MAY RESCIND A WAIVER PRIOR TO THE EXPIRATION THEREOF
42 ONLY AFTER A HEARING, PROVIDED, HOWEVER, THAT THE AGENCY MAY SUSPEND ITS
43 APPROVAL OF A PETITION PRIOR TO A HEARING IF IT FINDS THAT IMMEDIATE
44 SUSPENSION IS NECESSARY TO ADDRESS AN IMMINENT THREAT TO HEALTH OR SAFE-
45 TY. NOTICE OF A HEARING MUST BE PROVIDED TO THE PETITIONER AT LEAST
46 THIRTY DAYS PRIOR TO THE HEARING AND MUST BE POSTED ON THE AGENCY'S
47 WEBSITE. SUCH NOTICE MUST STATE THE BASIS FOR THE AGENCY'S DECISION TO
48 SEEK RESCISSION AND INFORM THE LOCAL GOVERNMENT THAT IT MAY REQUEST
49 INFORMATION RELIED UPON BY THE AGENCY IN MAKING ITS DETERMINATION, WHICH
50 INFORMATION MUST BE PROVIDED TO THE LOCAL GOVERNMENT AT LEAST SEVEN DAYS
51 IN ADVANCE OF THE HEARING. AFTER SUCH HEARING, THE AGENCY MAY RESCIND
52 ITS APPROVAL UPON A FINDING THAT THE LOCAL GOVERNMENT NO LONGER MEETS
53 THE REQUIREMENTS OF THIS SECTION.
54 7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A WAIVER APPROVED BY AN
55 AGENCY PURSUANT TO THIS SECTION SHALL BE DEEMED TO LAWFULLY MEET ALL
56 REQUIREMENTS OF THE REGULATORY MANDATE. ANY ACTION ON A PETITION BY A
S. 5758--A 39
1 STATE AGENCY SHALL BE SUBJECT TO REVIEW PURSUANT TO ARTICLE
2 SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
3 S 8. Subdivision 3 of section 103 of the general municipal law, as
4 amended by chapter 343 of the laws of 2007, is amended to read as
5 follows:
6 3. Notwithstanding the provisions of subdivision one of this section,
7 any officer, board or agency of a political subdivision or of any
8 district therein authorized to make purchases of materials, equipment or
9 supplies, or to contract for services, may make such purchases, or may
10 contract for services, [other than services subject to article eight or
11 nine of the labor law,] when available, through the county in which the
12 political subdivision or district is located or through any county with-
13 in the state subject to the rules established pursuant to subdivision
14 two of section four hundred eight-a of the county law; provided that the
15 political subdivision or district for which such officer, board or agen-
16 cy acts shall accept sole responsibility for any payment due the vendor
17 or contractor. All purchases and all contracts for such services shall
18 be subject to audit and inspection by the political subdivision or
19 district for which made. Prior to making such purchases or contracts the
20 officer, board or agency shall consider whether such contracts will
21 result in cost savings after all factors, including charges for service,
22 material, and delivery, have been considered. No officer, board or agen-
23 cy of a political subdivision or of any district therein shall make any
24 purchase or contract for any such services through the county in which
25 the political subdivision or district is located or through any county
26 within the state when bids have been received for such purchase or such
27 services by such officer, board or agency, unless such purchase may be
28 made or the contract for such services may be entered into upon the same
29 terms, conditions and specifications at a lower price through the coun-
30 ty.
31 S 9. Section 103 of the general municipal law is amended by adding two
32 new subdivisions 1-b and 14 to read as follows:
33 1-B. A POLITICAL SUBDIVISION OR ANY DISTRICT THEREIN SHALL HAVE THE
34 OPTION OF PURCHASING INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS HARD-
35 WARE, SOFTWARE AND PROFESSIONAL SERVICES THROUGH COOPERATIVE PURCHASING
36 PERMISSIBLE PURSUANT TO FEDERAL GENERAL SERVICES ADMINISTRATION INFORMA-
37 TION TECHNOLOGY SCHEDULE SEVENTY OR ANY SUCCESSOR SCHEDULE. A POLITICAL
38 SUBDIVISION OR ANY DISTRICT THEREIN THAT PURCHASES THROUGH GENERAL
39 SERVICES ADMINISTRATION SCHEDULE SEVENTY, INFORMATION TECHNOLOGY AND
40 CONSOLIDATED SCHEDULE CONTRACTS SHALL COMPLY WITH FEDERAL SCHEDULE
41 ORDERING PROCEDURES AS PROVIDED IN FEDERAL ACQUISITION REGULATION
42 8.405-1 OR 8.405-2 OR SUCCESSOR REGULATIONS, WHICHEVER IS APPLICABLE.
43 ADHERENCE TO SUCH PROCEDURES SHALL CONSTITUTE COMPLIANCE WITH THE
44 COMPETITIVE BIDDING REQUIREMENTS UNDER THIS SECTION.
45 14. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
46 AND IN ADDITION TO THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION
47 AND SECTION ONE HUNDRED FOUR OF THIS ARTICLE, ANY OFFICER, BOARD OR
48 AGENCY OF A POLITICAL SUBDIVISION OR OF ANY DISTRICT THEREIN AUTHORIZED
49 TO MAKE PURCHASES OF SERVICES, MATERIALS, EQUIPMENT AND SUPPLIES MAY
50 MAKE SUCH PURCHASES AS MAY BE REQUIRED BY SUCH POLITICAL SUBDIVISION OR
51 ANY DISTRICT THEREIN THROUGH THE USE OF A CONTRACT LET BY ANY OTHER
52 STATE OR POLITICAL SUBDIVISION IF SUCH CONTRACT WAS LET IN ACCORDANCE
53 WITH COMPETITIVE BIDDING AND WAGE REQUIREMENTS THAT ARE CONSISTENT WITH
54 THIS SECTION AND WITH THE INTENT OF EXTENDING ITS USE TO CERTAIN OTHER
55 GOVERNMENTAL ENTITIES. PRIOR TO MAKING SUCH A PURCHASE, THE GOVERNING
56 BOARD OF THE POLITICAL SUBDIVISION OR DISTRICT MAKING THE PURCHASE SHALL
S. 5758--A 40
1 DETERMINE, UPON REVIEW OF ANY NECESSARY DOCUMENTATION AND, AS APPROPRI-
2 ATE, UPON ADVICE OF ITS COUNSEL, THAT THE REQUIREMENTS OF THIS SUBDIVI-
3 SION HAVE BEEN MET, AND SHALL CERTIFY, BY RESOLUTION, THAT SUCH PURCHASE
4 IS PERMITTED UNDER THE PROCUREMENT POLICIES AND PROCEDURES OF THE POLI-
5 TICAL SUBDIVISION OR DISTRICT, ADOPTED PURSUANT TO SECTION ONE HUNDRED
6 FOUR-B OF THIS ARTICLE.
7 S 10. Section 104 of the general municipal law, as amended by chapter
8 137 of the laws of 2008, is amended to read as follows:
9 S 104. Purchase through office of general services; CERTAIN FEDERAL
10 CONTRACTS. 1. Notwithstanding the provisions of section one hundred
11 three of this article or of any other general, special or local law, any
12 officer, board or agency of a political subdivision, of a district ther-
13 ein, of a fire company or of a voluntary ambulance service authorized to
14 make purchases of materials, equipment, food products, or supplies, or
15 services available pursuant to sections one hundred sixty-one and one
16 hundred sixty-seven of the state finance law, may make such purchases,
17 except of printed material, through the office of general services
18 subject to such rules as may be established from time to time pursuant
19 to sections one hundred sixty-three and one hundred sixty-seven of the
20 state finance law [or through the general services administration pursu-
21 ant to section 1555 of the federal acquisition streamlining act of 1994,
22 P.L. 103-355]; provided that any such purchase shall exceed five hundred
23 dollars and that the political subdivision, district, fire company or
24 voluntary ambulance service for which such officer, board or agency acts
25 shall accept sole responsibility for any payment due the vendor. All
26 purchases shall be subject to audit and inspection by the political
27 subdivision, district, fire company or voluntary ambulance service for
28 which made. No officer, board or agency of a political subdivision, or a
29 district therein, of a fire company or of a voluntary ambulance service
30 shall make any purchase through such office when bids have been received
31 for such purchase by such officer, board or agency, unless such purchase
32 may be made upon the same terms, conditions and specifications at a
33 lower price through such office. Two or more fire companies or voluntary
34 ambulance services may join in making purchases pursuant to this
35 section, and for the purposes of this section such groups shall be
36 deemed "fire companies or voluntary ambulance services."
37 2. NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED THREE OF THIS
38 ARTICLE OR OF ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, ANY OFFICER,
39 BOARD OR AGENCY OF A POLITICAL SUBDIVISION, OR OF A DISTRICT THEREIN,
40 MAY MAKE PURCHASES FROM FEDERAL GENERAL SERVICE ADMINISTRATION SUPPLY
41 SCHEDULES PURSUANT TO SECTION 211 OF THE FEDERAL E-GOVERNMENT ACT OF
42 2002, P.L. 107-347, AND PURSUANT TO SECTION 1122 OF THE NATIONAL DEFENSE
43 AUTHORIZATION ACT FOR FISCAL YEAR 1994, P.L. 103-160, OR ANY SUCCESSOR
44 SCHEDULES IN ACCORDANCE WITH PROCEDURES ESTABLISHED PURSUANT THERETO.
45 PRIOR TO MAKING SUCH PURCHASES THE OFFICER, BOARD OR AGENCY SHALL
46 CONSIDER WHETHER SUCH PURCHASES WILL RESULT IN COST SAVINGS AFTER ALL
47 FACTORS, INCLUDING CHARGES FOR SERVICE, MATERIAL, AND DELIVERY, HAVE
48 BEEN CONSIDERED.
49 S 11. Subdivision 2 of section 408-a of the county law, as amended by
50 section 2 of part X of chapter 62 of the laws of 2003, is amended to
51 read as follows:
52 2. The board of supervisors may, in the case of any purchase contract
53 or any contract for services, [other than services subject to article
54 eight or nine of the labor law,] of the county to be awarded to the
55 lowest responsible bidder after advertisement for bids, authorize the
56 inclusion of a provision whereby purchases may be made or such services
S. 5758--A 41
1 may be obtained under such contract by any political subdivision or fire
2 company (as both are defined in section one hundred of the general
3 municipal law) or district. In such event, the board shall adopt rules
4 prescribing the conditions under which, and the manner in which,
5 purchases may be made or services may be obtained by such political
6 subdivision, fire company or district.
7 S 12. Subdivisions 3 and 5 of section 97-g of the state finance law,
8 subdivision 3 as amended by section 45 of part K of chapter 81 of the
9 laws of 2002 and subdivision 5 as added by chapter 710 of the laws of
10 1964, are amended to read as follows:
11 3. Moneys of the fund shall be available to the commissioner of gener-
12 al services for the purchase of food, supplies and equipment for [state
13 institutions and other] state agencies, and for the purpose of furnish-
14 ing or providing centralized services to or for [state institutions and
15 other] state agencies; PROVIDED FURTHER THAT SUCH MONEYS SHALL BE AVAIL-
16 ABLE TO THE COMMISSIONER OF GENERAL SERVICES FOR PURPOSES PURSUANT TO
17 ITEMS (D) AND (F) OF SUBDIVISION FOUR OF THIS SECTION TO OR FOR POLI-
18 TICAL SUBDIVISIONS. Beginning the first day of April, two thousand two,
19 moneys in such fund shall also be transferred by the state comptroller
20 to the revenue bond tax fund account of the general debt service fund in
21 amounts equal to those required for payments to authorized issuers for
22 revenue bonds issued pursuant to article five-C of this chapter for the
23 purpose of lease purchases and installment purchases by or for state
24 agencies and institutions for personal or real property purposes.
25 5. The amount expended from such fund for the above-stated purposes
26 shall be charged against the [state institution or] agency OR POLITICAL
27 SUBDIVISIONS ABOVE receiving such food, supplies, equipment and services
28 and all payments received therefor shall be credited to such fund.
29 S 12-a. Subdivision 4 of section 97-g of the state finance law, as
30 amended by chapter 410 of the laws of 2009, is amended to read as
31 follows:
32 4. The term "centralized services" as used in this section shall mean
33 and include only (a) communications services, (b) mail, messenger and
34 reproduction services, (c) computer services, (d) fuels, including
35 natural gas, hydrogen, biofuels and gasoline, and automotive services,
36 (e) renovation and maintenance services, (f) purchases of electricity,
37 renewable energy, renewable energy credits or attributes from the power
38 authority of the state of New York and, in consultation with the power
39 authority of the state of New York, from other suppliers, (g) real prop-
40 erty management services, (h) building design and construction services,
41 (i) parking services, (j) distribution of United States department of
42 agriculture donated foods to eligible recipients, pursuant to all appli-
43 cable statutes and regulations, (k) distribution of federal surplus
44 property donations to all eligible recipients, pursuant to applicable
45 statutes and regulations, and (l) payments and related services for
46 lease purchases and installment purchases by or for state agencies and
47 institutions for personal property purposes financed through the issu-
48 ance of certificates of participation. The services defined in items (a)
49 through (C), (E), (G) AND (h) of this subdivision shall be provided to
50 state agencies and institutions only.
51 S 12-b. Subdivision 4 of section 97-g of the state finance law, as
52 amended by chapter 577 of the laws of 1988, is amended to read as
53 follows:
54 4. The term "centralized services" as used in this section shall mean
55 and include only (a) communications services, (b) mail, messenger and
56 reproduction services, (c) computer services, (d) gasoline and automo-
S. 5758--A 42
1 tive services, (e) renovation and maintenance services, (f) purchases of
2 electricity from the power authority of the state of New York, (g) real
3 property management services, (h) building design and construction
4 services, (i) parking services, (j) distribution of United States
5 department of agriculture donated foods to eligible recipients, pursuant
6 to all applicable statutes and regulations, (k) distribution of federal
7 surplus property donations to all eligible recipients, pursuant to
8 applicable statutes and regulations and (l) payments and related
9 services for lease purchases and installment purchases by or for state
10 agencies and institutions for personal property purposes financed
11 through the issuance of certificates of participation. The services
12 defined in items (a) through (C), (E), (G) AND (h) of this subdivision
13 shall be provided to state agencies and institutions only.
14 S 13. Intentionally omitted.
15 S 14. Intentionally omitted.
16 S 15. Intentionally omitted.
17 S 16. Intentionally omitted.
18 S 17. The education law is amended by adding a new section 1527-c to
19 read as follows:
20 S 1527-C. SHARED SUPERINTENDENT PROGRAM. NOTWITHSTANDING ANY OTHER
21 PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, THE GOVERNING
22 BOARD OF A SCHOOL DISTRICT WITH AN ENROLLMENT OF LESS THAN ONE THOUSAND
23 STUDENTS IN THE PREVIOUS YEAR SHALL BE AUTHORIZED TO ENTER INTO A SCHOOL
24 SUPERINTENDENT SHARING CONTRACT WITH NO MORE THAN TWO ADDITIONAL SCHOOL
25 DISTRICTS EACH OF WHICH HAVE FEWER THAN ONE THOUSAND IN ENROLLED PUPILS
26 IN THE PREVIOUS YEAR. EACH SHARED SUPERINTENDENT ARRANGEMENT SHALL BE
27 GOVERNED BY THE BOARDS OF EDUCATION OF THE SCHOOL DISTRICTS PARTICIPAT-
28 ING IN THE SHARED CONTRACT. PROVIDED HOWEVER, THAT THIS SECTION SHALL
29 NOT BE CONSTRUED TO ALTER, AFFECT OR IMPAIR ANY EMPLOYMENT CONTRACT
30 WHICH IS IN EFFECT ON OR BEFORE JULY FIRST, TWO THOUSAND THIRTEEN. ANY
31 SCHOOL DISTRICT WHICH HAS ENTERED INTO A SCHOOL SUPERINTENDENT SHARING
32 PROGRAM WILL CONTINUE TO BE ELIGIBLE TO COMPLETE SUCH CONTRACT NOTWITH-
33 STANDING THAT THE ENROLLMENT OF THE SCHOOL DISTRICT EXCEEDED ONE THOU-
34 SAND STUDENTS AFTER ENTERING INTO A SHARED SUPERINTENDENT CONTRACT.
35 S 18. Intentionally omitted.
36 S 19. S 19. Subdivision 6 of section 2.30 of the criminal procedure
37 law, as amended by chapter 491 of the laws of 2010, is amended to read
38 as follows:
39 6. A certificate attesting to satisfactory completion of the training
40 requirements imposed under this section awarded to any peace officer by
41 the [executive director] CHAIRMAN of the municipal police training coun-
42 cil pursuant to this section shall remain valid:
43 (a) during the holder's continuous service as a peace officer; and
44 (b) for [two] FIVE years after the date of the commencement of an
45 interruption in such service where the holder had, immediately prior to
46 such interruption, served as a peace officer [for less than two consec-
47 utive years; or
48 (c) for four years after the date of the commencement of an inter-
49 ruption in such service where the holder had, immediately prior to such
50 interruption, served as a peace officer for two consecutive years or
51 longer].
52 As used in this subdivision, the term "interruption" shall mean a
53 period of separation from employment as a peace officer by reason of
54 such officer's leave of absence, resignation or removal, other than
55 removal for cause.
S. 5758--A 43
1 S 19-a. Subdivisions 1 and 1-a of section 209-q of the general munici-
2 pal law, subdivision 1 as amended by chapter 735 of the laws of 1988,
3 paragraphs (b) and (c) of subdivision 1 as amended by chapter 551 of the
4 laws of 2001 and subdivision 1-a as added by chapter 671 of the laws of
5 1967, are amended to read as follows:
6 1. (a) Notwithstanding the provisions of any general, special or local
7 law or charter to the contrary, no person shall[, after July first,
8 nineteen hundred sixty,] receive an original appointment on a permanent
9 basis as a police officer of any county, city, town, village or police
10 district unless such person has previously been awarded a certificate by
11 the [executive director] CHAIRMAN of the municipal police training coun-
12 cil created under article thirty-five of the executive law, attesting to
13 his OR HER satisfactory completion of an approved municipal police basic
14 training program; and every person who is appointed [on a temporary
15 basis or for a probationary term or on other than a permanent basis] as
16 a police officer [of any county, city, town, village or police district]
17 shall forfeit his OR HER position as such unless he OR SHE previously
18 has satisfactorily completed, or within the time prescribed by regu-
19 lations promulgated by the governor pursuant to section eight hundred
20 forty-two of the executive law, satisfactorily completes[, a] AN
21 APPROVED municipal police basic training program [for temporary or
22 probationary police officers] and is awarded a certificate by such
23 [director] CHAIRMAN attesting thereto.
24 (b) A certificate attesting to satisfactory completion of an approved
25 municipal police basic training program awarded by the [executive direc-
26 tor] CHAIRMAN of the municipal police training council pursuant to this
27 subdivision shall remain valid:
28 (i) during the holder's continuous service as a police officer [or
29 peace officer who has an equivalency certificate for police officer
30 training or an approved course for state university of New York public
31 safety officers issued in accordance with subdivision three of section
32 eight hundred forty-one of the executive law]; and
33 (ii) for [two] FIVE years after the date of the commencement of an
34 interruption in such service where the holder had, immediately prior to
35 such interruption, served as a police officer [or peace officer who has
36 an equivalency certificate for police officer training or an approved
37 course for state university of New York public safety officers issued in
38 accordance with subdivision three of section eight hundred forty-one of
39 the executive law, for less than two consecutive years]; or
40 (iii) [for four years after the date of the commencement of an inter-
41 ruption in such service where the holder had, immediately prior to such
42 interruption, served as a police officer or peace officer who has an
43 equivalency certificate for police officer training or an approved
44 course for state university of New York public safety officers issued in
45 accordance with subdivision three of section eight hundred forty-one of
46 the executive law, for two consecutive years or longer; or
47 (iv)] where the holder, whose interruption in continuous service as a
48 police officer does not exceed ten years, has satisfactorily completed
49 an approved police officer refresher course [or where a peace officer,
50 who seeks an equivalency certificate for police officer training or an
51 approved course for state university of New York public safety officers
52 issued in accordance with subdivision three of section eight hundred
53 forty-one of the executive law, has satisfactorily completed relevant
54 police officer training courses,] as prescribed by the municipal police
55 training council.
S. 5758--A 44
1 (c) As used in this subdivision, the term "interruption" shall mean a
2 period of separation from employment as a police officer [or peace offi-
3 cer who has an equivalency certificate for police officer training or an
4 approved course for state university of New York public safety officers
5 issued in accordance with subdivision three of section eight hundred
6 forty-one of the executive law,] by reason of such officer's leave of
7 absence, resignation or removal, other than removal for cause.
8 1-a. Notwithstanding the provisions of any general, special or local
9 law or charter, the promotion of any police officer to a first-line
10 supervisory position [on or after July first, nineteen hundred sixty-
11 seven,] shall not become permanent unless such police officer has previ-
12 ously been awarded a certificate by the [executive director] CHAIRMAN of
13 the municipal police training council created under article [nineteen-f]
14 THIRTY-FIVE of the executive law, attesting to his OR HER satisfactory
15 completion of an approved course in police supervision as prescribed by
16 the municipal police training council. Any police officer who is
17 promoted on any basis to a first-line supervisory position [on or after
18 July first, nineteen hundred sixty-seven] shall forfeit such promotion
19 unless he OR SHE previously has satisfactorily completed, or within the
20 time prescribed by regulations promulgated by the governor pursuant to
21 section [four hundred eighty-four] EIGHT HUNDRED FORTY-TWO of the execu-
22 tive law satisfactorily completes, the prescribed course in police
23 supervision and is awarded a certificate by such [director] CHAIRMAN
24 attesting thereto.
25 S 20. Section 60.27 of the penal law is amended by adding a new subdi-
26 vision 15 to read as follows:
27 15. IF THE OFFENSE OF WHICH A PERSON IS CONVICTED IS DEFINED IN
28 SECTION 165.71, 165.72, 165.73 OR ARTICLE TWO HUNDRED SEVENTY-FIVE OF
29 THIS CHAPTER, AND A LAW ENFORCEMENT AGENCY OR OTHER PUBLIC ENTITY HAS
30 EXPENDED FUNDS FOR THE PURPOSE OF STORING AND/OR DESTROYING GOODS OR
31 ARTICLES SEIZED IN CONNECTION WITH SUCH OFFENSE, THEN NOTWITHSTANDING
32 THE PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION FIVE OF THIS SECTION,
33 SAID AGENCY OR OTHER PUBLIC ENTITY SHALL BE ENTITLED TO RESTITUTION OF
34 THE REASONABLE COST OF SUCH STORAGE AND/OR DESTRUCTION, LESS THE AMOUNT
35 OF ANY FUNDS WHICH HAVE BEEN OR ARE ANTICIPATED TO BE RECOVERED FROM ANY
36 OTHER SOURCE. ANY LAW ENFORCEMENT AGENCY OR OTHER PUBLIC ENTITY SEEKING
37 RESTITUTION PURSUANT TO THIS SUBDIVISION SHALL FILE WITH THE COURT,
38 DISTRICT ATTORNEY AND DEFENSE COUNSEL AN AFFIDAVIT STATING THAT THE
39 COSTS FOR WHICH RESTITUTION IS BEING SOUGHT HAVE NOT BEEN AND ARE NOT
40 ANTICIPATED TO BE RECOVERED FROM ANY OTHER SOURCE OR IN ANY OTHER CIVIL
41 OR CRIMINAL PROCEEDING.
42 S 21. Section 165.70 of the penal law is amended by adding a new
43 subdivision 5 to read as follows:
44 5. THE TERM "REPRESENTATIVE SAMPLE" MEANS A MINIMUM OF ONE HUNDRED
45 TWENTY-FIVE PERCENT OF THE AMOUNT OF GOODS THAT IS REQUIRED TO SUBSTAN-
46 TIATE THE HIGHEST DEGREE OF THE OFFENSE THAT MAY BE CHARGED IN THE ACCU-
47 SATORY INSTRUMENT, AS DETERMINED BY THE AGENCY HAVING CUSTODY OF SUCH
48 GOODS.
49 S 22. Section 165.74 of the penal law is REPEALED and a new section
50 165.74 is added to read as follows:
51 S 165.74 SEIZURE AND DESTRUCTION OF GOODS BEARING COUNTERFEIT TRADE-
52 MARKS.
53 1. ANY GOODS MANUFACTURED, SOLD, OFFERED FOR SALE, DISTRIBUTED OR
54 PRODUCED IN VIOLATION OF THIS ARTICLE MAY BE SEIZED BY ANY POLICE OFFI-
55 CER, OR BY ANY PEACE OFFICER ACTING WITHIN HIS OR HER LAWFUL AUTHORITY.
S. 5758--A 45
1 2. IF THE DEFENDANT REQUESTS A HEARING AT ARRAIGNMENT PURSUANT TO
2 SUBDIVISION TEN OF SECTION 170.10, SUBDIVISION SEVEN OF SECTION 180.10
3 OR SUBDIVISION FOUR OF SECTION 210.15 OF THE CRIMINAL PROCEDURE LAW, OR
4 IF ANY OTHER PERSON TIMELY REQUESTS SUCH A HEARING PURSUANT TO SUBDIVI-
5 SION FIVE OF THIS SECTION, THE COURT MUST, WITHIN FORTY-EIGHT HOURS
6 AFTER ARRAIGNMENT OF THE DEFENDANT OR WITHIN FORTY-EIGHT HOURS OF A
7 REQUEST FOR A HEARING PURSUANT TO PARAGRAPH (A) OF SUBDIVISION FIVE OF
8 THIS SECTION, WHICHEVER IS LATER, HOLD A HEARING AND DETERMINE WHETHER
9 PROBABLE CAUSE EXISTS TO BELIEVE THAT GOODS SEIZED PURSUANT TO SUBDIVI-
10 SION ONE OF THIS SECTION WERE MANUFACTURED, SOLD, OFFERED FOR SALE,
11 DISTRIBUTED OR PRODUCED IN VIOLATION OF THIS ARTICLE. THE HEARING TO
12 MAKE SUCH DETERMINATION SHALL BE CONCLUDED AND SUCH DETERMINATION SHALL
13 BE MADE WITHIN FORTY-EIGHT HOURS AFTER THE COMMENCEMENT OF THE HEARING,
14 PROVIDED THAT FOR GOOD CAUSE THE COURT MAY EXTENT THE TIME WITHIN WHICH
15 TO HOLD OR CONCLUDE SUCH HEARING.
16 3. (A) IF A HEARING IS REQUIRED PURSUANT TO SUBDIVISION TWO OF THIS
17 SECTION, AND THE COURT, AFTER SUCH HEARING, FINDS THAT NOTICE PURSUANT
18 TO PARAGRAPH (B) OF SUBDIVISION FIVE OF THIS SECTION, IF REQUIRED, HAS
19 BEEN PROVIDED AND THAT PROBABLE CAUSE EXISTS TO BELIEVE THAT SUCH GOODS
20 WERE MANUFACTURED, SOLD, OFFERED FOR SALE, DISTRIBUTED OR PRODUCED IN
21 VIOLATION OF THIS ARTICLE, THE COURT SHALL AUTHORIZE THAT ALL BUT A
22 REPRESENTATIVE SAMPLE OF SUCH GOODS MAY BE DESTROYED BY THE AGENCY
23 HAVING CUSTODY OF THE SEIZED GOODS. NOTWITHSTANDING THE FOREGOING, IF
24 THE COURT FURTHER FINDS THAT A SUBSTANTIAL ISSUE OF FACT HAS BEEN RAISED
25 WHETHER SUCH GOODS WERE MANUFACTURED, SOLD, OFFERED FOR SALE, DISTRIB-
26 UTED, OR PRODUCED IN VIOLATION OF THIS ARTICLE, THE COURT SHALL REQUIRE
27 THAT SUCH GOODS BE RETAINED AS EVIDENCE PENDING THE TRIAL OF THE DEFEND-
28 ANT OR OTHER DISPOSITION OF THE CRIMINAL PROCEEDINGS INVOLVING THE
29 DEFENDANT.
30 (B) IF A HEARING IS NOT REQUIRED PURSUANT TO SUBDIVISION TWO OF THIS
31 SECTION, THE AGENCY HAVING CUSTODY OF SEIZED GOODS MAY DESTROY ALL BUT A
32 REPRESENTATIVE SAMPLE OF SUCH GOODS IN ACCORDANCE WITH THIS SECTION,
33 PROVIDED THAT NOTICE PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FIVE OF
34 THIS SECTION, IF REQUIRED, HAS BEEN PROVIDED AND ANY TIME FOR REQUESTING
35 SUCH HEARING HAS EXPIRED.
36 4. PRIOR TO THE DESTRUCTION OF GOODS IN EXCESS OF A REPRESENTATIVE
37 SAMPLE PURSUANT TO SUBDIVISION THREE OF THIS SECTION, THE AGENCY HAVING
38 CUSTODY OF SEIZED GOODS SHALL PHOTOGRAPH, VIDEOTAPE OR OTHERWISE RECORD
39 SUCH GOODS IN A MANNER THAT REASONABLY PORTRAYS THEIR QUANTITY AND CHAR-
40 ACTER AND IDENTIFIES THE CASE OR ARREST TO WHICH SUCH GOODS RELATE.
41 WHERE THE GOODS SEIZED CONSIST OF ITEMS OF APPAREL OR FOOTWEAR BEARING A
42 COUNTERFEIT TRADEMARK, WITH THE CONSENT OF THE HOLDER OF THE TRADEMARK
43 THE GOODS MAY BE RELEASED BY SUCH AGENCY HAVING CUSTODY OF SEIZED GOODS
44 TO THE HOLDER OF THE TRADEMARK OR A CHARITABLE ORGANIZATION AUTHORIZED
45 TO RECEIVE SUCH GOODS BY THE HOLDER OF THE TRADEMARK RATHER THAN BEING
46 DESTROYED PURSUANT TO THIS SECTION. SUCH AGENCY SHALL NOT BE REQUIRED TO
47 REMOVE THE COUNTERFEIT TRADEMARK OR OTHERWISE ALTER THE GOODS BEFORE
48 RELEASE PURSUANT TO THIS SUBDIVISION. EXCEPT AS PROVIDED IN THIS SUBDI-
49 VISION, DESTRUCTION SHALL NOT INCLUDE AUCTION, SALE OR DISTRIBUTION OF
50 THE GOODS IN THEIR ORIGINAL FORM.
51 5. (A) A PERSON OTHER THAN THE DEFENDANT MAY REQUEST A HEARING IN THE
52 COURT HAVING JURISDICTION OVER A CRIMINAL PROCEEDING RELATING TO THE
53 DEFENDANT TO DETERMINE WHETHER PROBABLE CAUSE EXISTS TO BELIEVE THAT
54 GOODS SEIZED PURSUANT TO SUBDIVISION ONE OF THIS SECTION WERE MANUFAC-
55 TURED, SOLD, OFFERED FOR SALE, DISTRIBUTED, OR PRODUCED IN VIOLATION OF
56 THIS ARTICLE BY (I) CALLING THE TELEPHONE NUMBER, AS PROVIDED IN THE
S. 5758--A 46
1 NOTICE REQUIRED BY PARAGRAPH (B) OF THIS SUBDIVISION, DURING REGULAR
2 BUSINESS HOURS WITHIN TWO BUSINESS DAYS OF THE DATE OF SUCH NOTICE OR
3 FIVE CALENDAR DAYS OF THE DATE OF THE NOTICE WHERE NOTICE HAS BEEN
4 PROVIDED BY FIRST CLASS MAIL OR HAS BEEN PROVIDED PURSUANT TO CLAUSE
5 (III) OF SUBPARAGRAPH TWO OF PARAGRAPH (B) OF THIS SUBDIVISION, OR (II)
6 CONTACTING THE DESIGNATED PERSON OR UNIT WITHIN THE OFFICE OF THE
7 DISTRICT ATTORNEY IN THE COUNTY WHERE THE GOODS WERE SEIZED DURING REGU-
8 LAR BUSINESS HOURS WITHIN TWO BUSINESS DAYS OF THE DATE OF THE SEIZURE,
9 OR FIVE CALENDAR DAYS OF SUCH DATE WHERE NOTICE HAS BEEN PROVIDED BY
10 FIRST CLASS MAIL OR PURSUANT TO CLAUSE (III) OF SUCH SUBPARAGRAPH. SUCH
11 PERSON REQUESTING A HEARING SHALL PROVIDE A SWORN STATEMENT AT OR BEFORE
12 THE HEARING DECLARING THAT HE OR SHE HAS A FINANCIAL OR OWNERSHIP INTER-
13 EST IN GOODS THAT ARE THE SUBJECT OF SUCH HEARING.
14 (B) (1) NOTICE REQUIRED PURSUANT TO THIS PARAGRAPH AT A MINIMUM SHALL
15 INDICATE THE FOLLOWING: (I) THAT THE SEIZED GOODS ARE SUBJECT TO
16 DESTRUCTION PURSUANT TO THIS SECTION; (II) THAT ANY PERSON MAY REQUEST A
17 HEARING, AS PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVISION, TO DETERMINE
18 WHETHER PROBABLE CAUSE EXISTS TO BELIEVE THAT THE SEIZED GOODS WERE
19 MANUFACTURED, SOLD, OFFERED FOR SALE, DISTRIBUTED OR PRODUCED IN
20 VIOLATION OF THIS ARTICLE; (III) THAT SUCH PERSON MUST PROVIDE A SWORN
21 STATEMENT AT OR BEFORE THE HEARING DECLARING THAT HE OR SHE HAS A FINAN-
22 CIAL OR OWNERSHIP INTEREST IN THE SEIZED GOODS; AND (IV) THAT FAILURE TO
23 TIMELY REQUEST SUCH HEARING OR PROVIDE SUCH SWORN STATEMENT SHALL BE
24 DEEMED A WAIVER OF THE RIGHT TO CHALLENGE THE DESTRUCTION OF SEIZED
25 GOODS IN ANY CRIMINAL OR CIVIL ACTION OR PROCEEDING. SUCH NOTICE SHALL
26 PROVIDE A TELEPHONE NUMBER THAT A PERSON MAY CALL DURING REGULAR BUSI-
27 NESS HOURS TO REQUEST A HEARING.
28 (2) NOTICE REQUIRED PURSUANT TO THIS PARAGRAPH SHALL BE PROVIDED AS
29 FOLLOWS: (I) IF ANY OF THE GOODS TO BE DESTROYED PURSUANT TO SUBDIVISION
30 THREE OF THIS SECTION WERE SEIZED FROM A PREMISES, NOTICE SHALL BE
31 CONSPICUOUSLY AFFIXED TO A DOOR OR OTHER LOCATION REASONABLY CALCULATED
32 TO BE VISIBLE TO A PERSON ENTERING THE AREA FROM WHICH THE GOODS WERE
33 SEIZED; (II) IF ANY SUCH GOODS WERE SEIZED FROM A VEHICLE, NOTICE SHALL
34 BE CONSPICUOUSLY AFFIXED TO THE VEHICLE OR LEFT INSIDE SUCH VEHICLE AND
35 MAILED BY FIRST CLASS MAIL TO THE VEHICLE'S REGISTERED OWNER; AND (III)
36 IF ANY PERSON IS KNOWN TO HAVE A FINANCIAL OR OWNERSHIP INTEREST IN THE
37 SEIZED GOODS, NOTICE SHALL BE PROVIDED BY A MEANS REASONABLY CALCULATED
38 TO CONVEY THE INFORMATION SET FORTH IN SUBPARAGRAPH ONE OF THIS PARA-
39 GRAPH.
40 6. FAILURE OF ANY PERSON TO TIMELY REQUEST A HEARING PURSUANT TO THIS
41 SECTION OR PROVIDE A SWORN STATEMENT AS REQUIRED BY PARAGRAPH (A) OF
42 SUBDIVISION FIVE OF THIS SECTION SHALL BE DEEMED A WAIVER OF SUCH
43 PERSON'S RIGHT TO CHALLENGE THE DESTRUCTION OF ANY SEIZED GOODS IN ANY
44 CRIMINAL OR CIVIL ACTION OR PROCEEDING.
45 7. UPON FINAL DETERMINATION OF THE CHARGES, THE COURT SHALL, UPON
46 PROPER NOTICE BY THE DISTRICT ATTORNEY OR REPRESENTATIVE OF THE CRIME
47 VICTIM OR VICTIMS, AFTER PRIOR NOTICE TO THE DISTRICT ATTORNEY AND
48 CUSTODIAN OF THE SEIZED PROPERTY, ENTER AN ORDER PRESERVING ANY OF THE
49 GOODS MANUFACTURED, SOLD, OFFERED FOR SALE, DISTRIBUTED OR PRODUCED IN
50 VIOLATION OF THIS ARTICLE, NOT OTHERWISE DESTROYED OR PERMITTED TO BE
51 DESTROYED PURSUANT TO SUBDIVISION THREE OF THIS SECTION, AS EVIDENCE FOR
52 USE IN OTHER CASES, INCLUDING A CIVIL ACTION. THIS NOTICE MUST BE
53 RECEIVED WITHIN THIRTY DAYS OF FINAL DETERMINATION OF THE CHARGES. THE
54 COST OF STORAGE, SECURITY AND DESTRUCTION OF GOODS SO ORDERED FOR PRES-
55 ERVATION, OTHER THAN FOR A CIVIL ACTION UNDER ARTICLE THIRTEEN-A OF THE
56 CIVIL PRACTICE LAW AND RULES INITIATED BY THE DISTRICT ATTORNEY, SHALL
S. 5758--A 47
1 BE PAID BY THE PARTY SEEKING SUCH PRESERVATION. IF NO SUCH ORDER IS
2 ENTERED WITHIN THE THIRTY DAY PERIOD, SUCH GOODS MAY BE DESTROYED BY THE
3 AGENCY HAVING CUSTODY OF SUCH GOODS. WHERE SUCH GOODS CONSIST OF ITEMS
4 OF APPAREL OR FOOTWEAR BEARING A COUNTERFEIT TRADEMARK, WITH THE CONSENT
5 OF THE HOLDER OF THE TRADEMARK THE GOODS MAY BE RELEASED BY SUCH AGENCY
6 HAVING CUSTODY OF SEIZED GOODS TO THE HOLDER OF THE TRADEMARK OR A CHAR-
7 ITABLE ORGANIZATION AUTHORIZED TO RECEIVE SUCH GOODS BY THE HOLDER OF
8 THE TRADEMARK RATHER THAN BEING DESTROYED PURSUANT TO THIS SECTION. SUCH
9 AGENCY SHALL NOT BE REQUIRED TO REMOVE THE COUNTERFEIT TRADEMARK OR
10 OTHERWISE ALTER THE GOODS BEFORE RELEASE PURSUANT TO THIS SUBDIVISION.
11 EXCEPT AS PROVIDED IN THIS SUBDIVISION, DESTRUCTION SHALL NOT INCLUDE
12 AUCTION, SALE OR DISTRIBUTION OF THE GOODS IN THEIR ORIGINAL FORM.
13 8. EXCEPT AS PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION, NOTHING IN
14 THIS SECTION SHALL PROHIBIT THE DESTRUCTION OR OTHER DISPOSITION, PURSU-
15 ANT TO ANY OTHER APPLICABLE PROVISION OF STATE OR LOCAL LAW, OF GOODS
16 SEIZED PURSUANT TO SUBDIVISION ONE OF THIS SECTION WHERE THERE IS NO
17 ONGOING CRIMINAL PROCEEDING THAT HAS BEEN COMMENCED IN RELATION TO SUCH
18 GOODS.
19 S 23. Section 420.00 of the penal law is REPEALED and a new section
20 420.00 is added to read as follows:
21 S 420.00 SEIZURE AND DESTRUCTION OF UNAUTHORIZED RECORDINGS.
22 1. ANY ARTICLE MANUFACTURED, SOLD, OFFERED FOR SALE, DISTRIBUTED OR
23 PRODUCED IN VIOLATION OF ARTICLE TWO HUNDRED SEVENTY-FIVE OF THIS CHAP-
24 TER MAY BE SEIZED BY ANY POLICE OFFICER, OR BY ANY PEACE OFFICER ACTING
25 WITHIN HIS OR HER LAWFUL AUTHORITY.
26 2. IF THE DEFENDANT REQUESTS A HEARING AT ARRAIGNMENT PURSUANT TO
27 SUBDIVISION TEN OF SECTION 170.10, SUBDIVISION SEVEN OF SECTION 180.10
28 OR SUBDIVISION FOUR OF SECTION 210.15 OF THE CRIMINAL PROCEDURE LAW, OR
29 IF ANY OTHER PERSON TIMELY REQUESTS SUCH A HEARING PURSUANT TO SUBDIVI-
30 SION FIVE OF THIS SECTION, THE COURT MUST, WITHIN FORTY-EIGHT HOURS
31 AFTER ARRAIGNMENT OF THE DEFENDANT OR WITHIN FORTY-EIGHT HOURS OF A
32 REQUEST FOR A HEARING PURSUANT TO PARAGRAPH (A) OF SUBDIVISION FIVE OF
33 THIS SECTION, WHICHEVER IS LATER, HOLD A HEARING AND DETERMINE WHETHER
34 PROBABLE CAUSE EXISTS TO BELIEVE THAT THE ARTICLES SEIZED PURSUANT TO
35 SUBDIVISION ONE OF THIS SECTION WERE MANUFACTURED, SOLD, OFFERED FOR
36 SALE, DISTRIBUTED OR PRODUCED IN VIOLATION OF ARTICLE TWO HUNDRED SEVEN-
37 TY-FIVE OF THIS CHAPTER. THE HEARING TO MAKE SUCH DETERMINATION SHALL BE
38 CONCLUDED AND SUCH DETERMINATION SHALL BE MADE WITHIN FORTY-EIGHT HOURS
39 AFTER THE COMMENCEMENT OF THE HEARING, PROVIDED THAT FOR GOOD CAUSE THE
40 COURT MAY EXTEND THE TIME WITHIN WHICH TO HOLD OR CONCLUDE SUCH HEARING
41 OR MAKE SUCH DETERMINATION.
42 3. (A) IF A HEARING IS REQUIRED PURSUANT TO SUBDIVISION TWO OF THIS
43 SECTION, AND THE COURT, AFTER SUCH HEARING, FINDS THAT NOTICE PURSUANT
44 TO PARAGRAPH (B) OF SUBDIVISION FIVE OF THIS SECTION, IF REQUIRED, HAS
45 BEEN PROVIDED AND THAT PROBABLE CAUSE EXISTS TO BELIEVE THAT SUCH ARTI-
46 CLES WERE MANUFACTURED, SOLD, OFFERED FOR SALE, DISTRIBUTED OR PRODUCED
47 IN VIOLATION OF ARTICLE TWO HUNDRED SEVENTY-FIVE OF THIS CHAPTER, THE
48 COURT SHALL AUTHORIZE THAT ALL BUT A REPRESENTATIVE SAMPLE OF SUCH ARTI-
49 CLES MAY BE DESTROYED BY THE AGENCY HAVING CUSTODY OF THE SEIZED ARTI-
50 CLES. NOTWITHSTANDING THE FOREGOING, IF THE COURT FURTHER FINDS THAT A
51 SUBSTANTIAL ISSUE OF FACT HAS BEEN RAISED WHETHER SUCH ARTICLES WERE
52 MANUFACTURED, SOLD, OFFERED FOR SALE, DISTRIBUTED, OR PRODUCED IN
53 VIOLATION OF ARTICLE TWO HUNDRED SEVENTY-FIVE OF THIS CHAPTER, THE COURT
54 SHALL REQUIRE THAT SUCH ARTICLES BE RETAINED AS EVIDENCE PENDING THE
55 TRIAL OF THE DEFENDANT OR OTHER DISPOSITION OF THE CRIMINAL PROCEEDINGS
56 INVOLVING THE DEFENDANT.
S. 5758--A 48
1 (B) IF A HEARING IS NOT REQUIRED PURSUANT TO SUBDIVISION TWO OF THIS
2 SECTION, THE AGENCY HAVING CUSTODY OF SEIZED GOODS MAY DESTROY ALL BUT A
3 REPRESENTATIVE SAMPLE OF SUCH ARTICLES IN ACCORDANCE WITH THIS SECTION,
4 PROVIDED THAT NOTICE PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FIVE OF
5 THIS SECTION, IF REQUIRED, HAS BEEN PROVIDED AND ANY TIME FOR REQUESTING
6 SUCH HEARING HAS EXPIRED.
7 4. PRIOR TO THE DESTRUCTION OF ARTICLES IN EXCESS OF A REPRESENTATIVE
8 SAMPLE PURSUANT TO SUBDIVISION THREE OF THIS SECTION, THE AGENCY HAVING
9 CUSTODY OF SEIZED ARTICLES SHALL PHOTOGRAPH, VIDEOTAPE OR OTHERWISE
10 RECORD SUCH ARTICLES IN A MANNER THAT REASONABLY PORTRAYS THEIR QUANTITY
11 AND CHARACTER AND IDENTIFIES THE CASE OR ARREST TO WHICH SUCH ARTICLES
12 RELATE.
13 5. (A) A PERSON OTHER THAN THE DEFENDANT MAY REQUEST A HEARING IN THE
14 COURT HAVING JURISDICTION OVER A CRIMINAL PROCEEDING RELATING TO THE
15 DEFENDANT TO DETERMINE WHETHER PROBABLE CAUSE EXISTS TO BELIEVE THAT
16 ARTICLES SEIZED PURSUANT TO SUBDIVISION ONE OF THIS SECTION WERE MANU-
17 FACTURED, SOLD, OFFERED FOR SALE, DISTRIBUTED, OR PRODUCED IN VIOLATION
18 OF ARTICLE TWO HUNDRED SEVENTY-FIVE OF THIS CHAPTER BY (I) CALLING THE
19 TELEPHONE NUMBER, AS PROVIDED IN THE NOTICE REQUIRED BY PARAGRAPH (B) OF
20 THIS SUBDIVISION, DURING REGULAR BUSINESS HOURS WITHIN TWO BUSINESS DAYS
21 OF THE DATE OF SUCH NOTICE OR WITHIN FIVE CALENDAR DAYS OF SUCH DATE
22 WHERE NOTICE HAS BEEN PROVIDED BY FIRST CLASS MAIL OR PURSUANT TO CLAUSE
23 (III) OF SUBPARAGRAPH TWO OF PARAGRAPH (B) OF THIS SUBDIVISION, OR (II)
24 CONTACTING THE DESIGNATED PERSON OR UNIT WITHIN THE OFFICE OF THE
25 DISTRICT ATTORNEY IN THE COUNTY WHERE THE ARTICLES WERE SEIZED DURING
26 REGULAR BUSINESS HOURS WITHIN TWO BUSINESS DAYS OF THE DATE OF THE
27 SEIZURE, OR WITHIN FIVE CALENDAR DAYS OF SUCH DATE WHERE NOTICE HAS BEEN
28 PROVIDED BY FIRST CLASS MAIL OR PURSUANT TO CLAUSE (III) OF SUCH SUBPAR-
29 AGRAPH. SUCH PERSON REQUESTING A HEARING SHALL PROVIDE A SWORN STATEMENT
30 AT OR BEFORE THE HEARING DECLARING THAT HE OR SHE HAS A FINANCIAL OR
31 OWNERSHIP INTEREST IN ARTICLES THAT ARE THE SUBJECT OF SUCH HEARING.
32 (B) (1) NOTICE REQUIRED PURSUANT TO THIS PARAGRAPH AT A MINIMUM SHALL
33 INDICATE THE FOLLOWING: (I) THAT THE SEIZED ARTICLES ARE SUBJECT TO
34 DESTRUCTION PURSUANT TO THIS SECTION; (II) THAT ANY PERSON MAY REQUEST A
35 HEARING, AS PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVISION, TO DETERMINE
36 WHETHER PROBABLE CAUSE EXISTS TO BELIEVE THAT THE SEIZED ARTICLES WERE
37 MANUFACTURED, SOLD, OFFERED FOR SALE, DISTRIBUTED OR PRODUCED IN
38 VIOLATION OF ARTICLE TWO HUNDRED SEVENTY-FIVE OF THIS CHAPTER; (III)
39 THAT SUCH PERSON MUST PROVIDE A SWORN STATEMENT AT OR BEFORE THE HEARING
40 DECLARING THAT HE OR SHE HAS A FINANCIAL OR OWNERSHIP INTEREST IN THE
41 SEIZED ARTICLES; AND (IV) THAT FAILURE TO TIMELY REQUEST SUCH HEARING OR
42 PROVIDE SUCH SWORN STATEMENT SHALL BE DEEMED A WAIVER OF THE RIGHT TO
43 CHALLENGE THE DESTRUCTION OF SEIZED ARTICLES IN ANY CRIMINAL OR CIVIL
44 ACTION OR PROCEEDING. SUCH NOTICE SHALL PROVIDE A TELEPHONE NUMBER THAT
45 A PERSON MAY CALL DURING REGULAR BUSINESS HOURS TO REQUEST A HEARING.
46 (2) NOTICE REQUIRED PURSUANT TO THIS PARAGRAPH SHALL BE PROVIDED AS
47 FOLLOWS: (I) IF ANY OF THE ARTICLES TO BE DESTROYED PURSUANT TO SUBDIVI-
48 SION THREE OF THIS SECTION WERE SEIZED FROM A PREMISES, NOTICE SHALL BE
49 CONSPICUOUSLY AFFIXED TO A DOOR OR OTHER LOCATION REASONABLY CALCULATED
50 TO BE VISIBLE TO A PERSON ENTERING THE AREA FROM WHICH THE ARTICLES WERE
51 SEIZED; (II) IF ANY SUCH ARTICLES WERE SEIZED FROM A VEHICLE, NOTICE
52 SHALL BE CONSPICUOUSLY AFFIXED TO THE VEHICLE OR LEFT INSIDE SUCH VEHI-
53 CLE AND MAILED BY FIRST CLASS MAIL TO THE VEHICLE'S REGISTERED OWNER;
54 AND (III) IF ANY PERSON IS KNOWN TO HAVE A FINANCIAL OR OWNERSHIP INTER-
55 EST IN THE SEIZED GOODS, NOTICE SHALL BE PROVIDED BY A MEANS REASONABLY
S. 5758--A 49
1 CALCULATED TO CONVEY THE INFORMATION SET FORTH IN SUBPARAGRAPH ONE OF
2 THIS PARAGRAPH.
3 6. FAILURE OF ANY PERSON TO TIMELY REQUEST A HEARING PURSUANT TO THIS
4 SECTION OR PROVIDE A SWORN STATEMENT AS REQUIRED BY PARAGRAPH (A) OF
5 SUBDIVISION FIVE OF THIS SECTION SHALL BE DEEMED A WAIVER OF SUCH
6 PERSON'S RIGHT TO CHALLENGE THE DESTRUCTION OF ANY SEIZED ARTICLES IN
7 ANY CRIMINAL OR CIVIL ACTION OR PROCEEDING.
8 7. UPON FINAL DETERMINATION OF THE CHARGES, THE COURT SHALL, UPON
9 PROPER NOTICE BY THE DISTRICT ATTORNEY OR REPRESENTATIVE OF THE CRIME
10 VICTIM OR VICTIMS, AFTER PRIOR NOTICE TO THE DISTRICT ATTORNEY AND
11 CUSTODIAN OF THE SEIZED PROPERTY, ENTER AN ORDER PRESERVING ANY OF THE
12 ARTICLES MANUFACTURED, SOLD, OFFERED FOR SALE, DISTRIBUTED OR PRODUCED
13 IN VIOLATION OF ARTICLE TWO HUNDRED SEVENTY-FIVE OF THIS CHAPTER, NOT
14 OTHERWISE DESTROYED OR PERMITTED TO BE DESTROYED PURSUANT TO SUBDIVISION
15 THREE OF THIS SECTION, AS EVIDENCE FOR USE IN OTHER CASES, INCLUDING A
16 CIVIL ACTION. THIS NOTICE MUST BE RECEIVED WITHIN THIRTY DAYS OF FINAL
17 DETERMINATION OF THE CHARGES. THE COST OF STORAGE, SECURITY AND
18 DESTRUCTION OF ARTICLES SO ORDERED FOR PRESERVATION, OTHER THAN FOR A
19 CIVIL ACTION UNDER ARTICLE THIRTEEN-A OF THE CIVIL PRACTICE LAW AND
20 RULES INITIATED BY THE DISTRICT ATTORNEY, SHALL BE PAID BY THE PARTY
21 SEEKING SUCH PRESERVATION. IF NO SUCH ORDER IS ENTERED WITHIN THE THIRTY
22 DAY PERIOD, SUCH ARTICLES MAY BE DESTROYED BY THE AGENCY HAVING CUSTODY
23 OF SUCH ARTICLES. DESTRUCTION SHALL NOT INCLUDE AUCTION, SALE OR
24 DISTRIBUTION OF THE ARTICLES IN THEIR ORIGINAL FORM.
25 8. EXCEPT AS PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION, NOTHING IN
26 THIS SECTION SHALL PROHIBIT THE DESTRUCTION OR OTHER DISPOSITION, PURSU-
27 ANT TO ANY OTHER APPLICABLE PROVISION OF STATE OR LOCAL LAW, OR ARTICLES
28 SEIZED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, WHERE THERE IS NO
29 ONGOING CRIMINAL PROCEEDING THAT HAS BEEN COMMENCED IN RELATION TO SUCH
30 ARTICLES.
31 9. FOR PURPOSES OF THIS SECTION, THE TERM "REPRESENTATIVE SAMPLE"
32 MEANS A MINIMUM OF ONE HUNDRED TWENTY-FIVE PERCENT OF THE AMOUNT OF
33 ARTICLES THAT IS REQUIRED TO SUBSTANTIATE THE HIGHEST DEGREE OF THE
34 OFFENSE THAT MAY BE CHARGED IN THE ACCUSATORY INSTRUMENT.
35 S 24. Section 170.10 of the criminal procedure law is amended by
36 adding a new subdivision 10 to read as follows:
37 10. WHERE A VIOLATION OF SECTION 165.71, 275.05, 275.15, 275.25 OR
38 275.35 OF THE PENAL LAW IS ALLEGED, THE COURT SHALL INFORM THE DEFENDANT
39 AT ARRAIGNMENT THAT (A) HE OR SHE MAY REQUEST A HEARING TO DETERMINE
40 WHETHER PROBABLE CAUSE EXISTS TO BELIEVE THAT ANY SEIZED GOODS OR ARTI-
41 CLES THAT ARE THE SUBJECT OF SUCH ALLEGED VIOLATION WERE MANUFACTURED,
42 SOLD, OFFERED FOR SALE, DISTRIBUTED OR PRODUCED IN VIOLATION OF ANY SUCH
43 SECTION, AND (B) FAILURE TO REQUEST SUCH A HEARING AT ARRAIGNMENT SHALL
44 BE DEEMED A WAIVER OF SUCH DEFENDANT'S RIGHT TO CHALLENGE THE
45 DESTRUCTION OF THE GOODS OR ARTICLES PURSUANT TO SECTION 165.74 OR
46 420.00 OF THE PENAL LAW IN ANY CRIMINAL OR CIVIL ACTION OR PROCEEDING.
47 SUCH HEARING SHALL BE CONDUCTED IN ACCORDANCE WITH SECTION 165.74 OF THE
48 PENAL LAW, WITH RESPECT TO A VIOLATION OF SECTION 165.71 OF SUCH LAW, OR
49 SECTION 420.00 OF THE PENAL LAW, WITH RESPECT TO ANY VIOLATION OF
50 SECTION 275.05, 275.15, 275.25 OR 275.35 OF SUCH LAW.
51 S 25. Section 180.10 of the criminal procedure law is amended by
52 adding a new subdivision 7 to read as follows:
53 7. WHERE A VIOLATION OF SECTION 165.71, 165.72, 165.73, 275.05,
54 275.10, 275.15, 275.20, 275.25, 275.30, 275.35 OR 275.40 OF THE PENAL
55 LAW IS ALLEGED, THE COURT SHALL INFORM THE DEFENDANT AT ARRAIGNMENT THAT
56 (A) HE OR SHE MAY REQUEST A HEARING TO DETERMINE WHETHER PROBABLE CAUSE
S. 5758--A 50
1 EXISTS TO BELIEVE THAT ANY SEIZED GOODS OR ARTICLES THAT ARE THE SUBJECT
2 OF SUCH ALLEGED VIOLATION WERE MANUFACTURED, SOLD, OFFERED FOR SALE,
3 DISTRIBUTED OR PRODUCED IN VIOLATION OF ANY SUCH SECTION, AND (B) FAIL-
4 URE TO REQUEST SUCH A HEARING AT ARRAIGNMENT SHALL BE DEEMED A WAIVER OF
5 SUCH DEFENDANT'S RIGHT TO CHALLENGE THE DESTRUCTION OF THE GOODS OR
6 ARTICLES PURSUANT TO SECTION 165.74 OR 420.00 OF THE PENAL LAW IN ANY
7 CRIMINAL OR CIVIL ACTION OR PROCEEDING. SUCH HEARING SHALL BE CONDUCTED
8 IN ACCORDANCE WITH SECTION 165.74 OF THE PENAL LAW, WITH RESPECT TO A
9 VIOLATION OF SECTION 165.72 OR 165.73 OF SUCH LAW, OR SECTION 420.00 OF
10 THE PENAL LAW, WITH RESPECT TO ANY VIOLATION OF SECTION 275.10, 275.20,
11 275.30 OR 275.40 OF SUCH LAW.
12 S 26. Section 210.15 of the criminal procedure law is amended by
13 adding a new subdivision 4 to read as follows:
14 4. WHERE A VIOLATION OF SECTION 165.71, 165.72, 165.73, 275.05,
15 275.10, 275.15, 275.20, 275.25, 275.30, 275.35 OR 275.40 OF THE PENAL
16 LAW IS ALLEGED, THE COURT SHALL INFORM THE DEFENDANT AT ARRAIGNMENT THAT
17 (A) HE OR SHE MAY REQUEST A HEARING TO DETERMINE WHETHER PROBABLE CAUSE
18 EXISTS TO BELIEVE THAT ANY SEIZED GOODS OR ARTICLES THAT ARE THE SUBJECT
19 OF SUCH ALLEGED VIOLATION WERE MANUFACTURED, SOLD, OFFERED FOR SALE,
20 DISTRIBUTED OR PRODUCED IN VIOLATION OF ANY SUCH SECTION, AND (B) FAIL-
21 URE TO REQUEST SUCH A HEARING AT ARRAIGNMENT SHALL BE DEEMED A WAIVER OF
22 SUCH DEFENDANT'S RIGHT TO CHALLENGE THE DESTRUCTION OF THE GOODS OR
23 ARTICLES PURSUANT TO SECTION 165.74 OR 420.00 OF THE PENAL LAW IN ANY
24 CRIMINAL OR CIVIL ACTION OR PROCEEDING. SUCH HEARING SHALL BE CONDUCTED
25 IN ACCORDANCE WITH SECTION 165.74 OF THE PENAL LAW, WITH RESPECT TO A
26 VIOLATION OF SECTION 165.71, 165.72 OR 165.73 OF SUCH LAW, OR SECTION
27 420.00 OF THE PENAL LAW, WITH RESPECT TO ANY VIOLATION OF SECTION
28 275.05, 275.10, 275.15, 275.20, 275.25, 275.30, 275.35 OR 275.40 OF SUCH
29 LAW.
30 S 27. Paragraph (c) of subdivision 6 of section 367-a of the social
31 services law is amended by adding a new subparagraph (iv) to read as
32 follows:
33 (IV) THE CO-PAYMENT FOR EMERGENCY ROOM SERVICES PROVIDED FOR NON-UR-
34 GENT OR NON-EMERGENCY MEDICAL CARE SHALL BE FIFTY DOLLARS; PROVIDED
35 HOWEVER THAT CO-PAYMENTS PURSUANT TO THIS SUBPARAGRAPH SHALL NOT BE
36 REQUIRED WITH RESPECT TO EMERGENCY SERVICES OR FAMILY PLANNING SERVICES
37 AND SUPPLIES.
38 S 28. Subdivision 2-a of section 369-ee of the social services law, as
39 amended by section 26 of part E of chapter 63 of the laws of 2005, is
40 amended to read as follows:
41 2-a. Co-payments. Subject to federal approval pursuant to subdivision
42 six of this section, persons receiving family health plus coverage under
43 this section shall be responsible to make co-payments in accordance with
44 the terms of subdivision six of section three hundred sixty-seven-a of
45 this article, including those individuals who are otherwise exempted
46 under the provisions of subparagraph (iv) of paragraph (b) of subdivi-
47 sion six of section three hundred sixty-seven-a of this article,
48 provided however, that notwithstanding the provisions of paragraphs (c)
49 and (d) of such subdivision:
50 (i) co-payments charged for each generic prescription drug dispensed
51 shall be three dollars and for each brand name prescription drug
52 dispensed shall be six dollars;
53 (ii) the co-payment charged for each dental service visit shall be
54 five dollars, provided that no enrollee shall be required to pay more
55 than twenty-five dollars per year in co-payments for dental services;
56 [and]
S. 5758--A 51
1 (iii) the co-payment for clinic services and physician services shall
2 be five dollars; AND
3 (IV) THE CO-PAYMENT FOR EMERGENCY ROOM SERVICES PROVIDED FOR NON-UR-
4 GENT OR NON-EMERGENCY MEDICAL CARE SHALL BE FIFTY DOLLARS; PROVIDED
5 HOWEVER THAT CO-PAYMENTS PURSUANT TO THIS PARAGRAPH SHALL NOT BE
6 REQUIRED WITH RESPECT TO EMERGENCY SERVICES OR FAMILY PLANNING SERVICES
7 AND SUPPLIES; and provided further that the limitations in paragraph (f)
8 of such subdivision shall not apply.
9 S 29. Subdivision 1 of section 190 of the tax law, as amended by
10 section 17 of part B of chapter 58 of the laws of 2004, is amended to
11 read as follows:
12 1. General. A taxpayer shall be allowed a credit against the tax
13 imposed by this article, other than the taxes and fees imposed by
14 sections one hundred eighty and one hundred eighty-one of this article,
15 equal to [twenty] SEVENTY-FIVE percent of the premium paid during the
16 taxable year [for] IN WHICH THE long-term care insurance WAS PURCHASED,
17 FIFTY PERCENT OF THE PREMIUM PAID IN THE FOLLOWING YEAR AND TWENTY-FIVE
18 PERCENT OF THE PREMIUM PAID IN THE THIRD YEAR. In order to qualify for
19 such credit, the taxpayer's premium payment must be for the purchase of
20 or for continuing coverage under a long-term care insurance policy that
21 qualifies for such credit pursuant to section one thousand one hundred
22 seventeen of the insurance law.
23 S 30. Paragraph 1 of subsection (aa) of section 606 of the tax law, as
24 amended by section 1 of part P of chapter 61 of the laws of 2005, is
25 amended to read as follows:
26 (1) Residents. A taxpayer shall be allowed a credit against the tax
27 imposed by this article equal to [twenty] SEVENTY-FIVE percent of the
28 premium paid during the taxable year [for] IN WHICH THE long-term care
29 insurance WAS PURCHASED, FIFTY PERCENT OF THE PREMIUM PAID IN THE
30 FOLLOWING YEAR AND TWENTY-FIVE PERCENT OF THE PREMIUM PAID IN THE THIRD
31 YEAR. In order to qualify for such credit, the taxpayer's premium
32 payment must be for the purchase of or for continuing coverage under a
33 long-term care insurance policy that qualifies for such credit pursuant
34 to section one thousand one hundred seventeen of the insurance law. If
35 the amount of the credit allowable under this subsection for any taxable
36 year shall exceed the taxpayer's tax for such year, the excess may be
37 carried over to the following year or years and may be deducted from the
38 taxpayer's tax for such year or years.
39 S 31. Paragraph 1 of subsection (k) of section 1456 of the tax law, as
40 amended by section 20 of part B of chapter 58 of the laws of 2004, is
41 amended to read as follows:
42 (1) A taxpayer shall be allowed a credit against the tax imposed by
43 this article equal to [twenty] SEVENTY-FIVE percent of the premium paid
44 during the taxable year [for] IN WHICH THE long-term care insurance WAS
45 PURCHASED, FIFTY PERCENT OF THE PREMIUM PAID IN THE FOLLOWING YEAR AND
46 TWENTY-FIVE PERCENT OF THE PREMIUM PAID IN THE THIRD YEAR. In order to
47 qualify for such credit, the taxpayer's premium payment must be for the
48 purchase of or for continuing coverage under a long-term care insurance
49 policy that qualifies for such credit pursuant to section one thousand
50 one hundred seventeen of the insurance law.
51 S 32. Paragraph 1 of subdivision (m) of section 1511 of the tax law,
52 as amended by section 21 of part B of chapter 58 of the laws of 2004, is
53 amended to read as follows:
54 (1) A taxpayer shall be allowed a credit against the tax imposed by
55 this article equal to [twenty] SEVENTY-FIVE percent of the premium paid
56 during the taxable year [for] IN WHICH THE long-term care insurance WAS
S. 5758--A 52
1 PURCHASED, FIFTY PERCENT OF THE PREMIUM PAID IN THE FOLLOWING YEAR AND
2 TWENTY-FIVE PERCENT OF THE PREMIUM PAID IN THE THIRD YEAR. In order to
3 qualify for such credit, the taxpayer's premium payment must be for the
4 purchase of or for continuing coverage under a long-term care insurance
5 policy that qualifies for such credit pursuant to section one thousand
6 one hundred seventeen of the insurance law.
7 S 33. Paragraph (a) of subdivision 25-a of section 210 of the tax law,
8 as amended by section 18 of part B of chapter 58 of the laws of 2004, is
9 amended to read as follows:
10 (a) A taxpayer shall be allowed a credit against the tax imposed by
11 this article equal to [twenty] SEVENTY-FIVE percent of the premium paid
12 during the taxable year [for] IN WHICH THE long-term care insurance WAS
13 PURCHASED, FIFTY PERCENT OF THE PREMIUM PAID IN THE FOLLOWING YEAR AND
14 TWENTY-FIVE PERCENT OF THE PREMIUM PAID IN THE THIRD YEAR. In order to
15 qualify for such credit, the taxpayer's premium payment must be for the
16 purchase of or for continuing coverage under a long-term care insurance
17 policy that qualifies for such credit pursuant to section one thousand
18 one hundred seventeen of the insurance law.
19 S 34. Section 367-f of the social services law is amended by adding a
20 new subdivision 4 to read as follows:
21 4. THE DEPARTMENT OF HEALTH IS HEREBY AUTHORIZED AND DIRECTED TO
22 SUBMIT TO THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES A REQUEST
23 FOR THE AMENDMENT OF THE PLAN FOR MEDICAL ASSISTANCE, WHICH IS MAIN-
24 TAINED IN ACCORDANCE WITH TITLE XIX, OR ANY SUCCESSOR TITLE, OF THE
25 FEDERAL SOCIAL SECURITY ACT, TO ADOPT ANY AND ALL STANDARDS THAT MAY BE
26 DEVELOPED BY THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES PURSU-
27 ANT TO SECTION 6021(B) OF THE FEDERAL DEFICIT REDUCTION ACT OF 2005, FOR
28 UNIFORM RECIPROCAL RECOGNITION OF LONG-TERM CARE INSURANCE POLICIES
29 PURCHASED UNDER STATE LONG-TERM CARE INSURANCE PARTNERSHIPS. SUCH
30 REQUEST SHALL BE MADE WITHIN SIX MONTHS OF THE PROMULGATION OF SUCH
31 STANDARDS BY THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND,
32 EXCEPT AS REQUIRED BY SUCH STANDARDS, SUCH UNIFORM RECIPROCAL RECOGNI-
33 TION OF LONG-TERM CARE INSURANCE POLICIES SHALL APPLY WITHOUT REGARD TO
34 WHEN A POLICY IS ISSUED.
35 S 35. Section 3229 of the insurance law is amended by adding a new
36 subsection (c) to read as follows:
37 (C) THE SUPERINTENDENT SHALL ADOPT SUCH RULES OR REGULATIONS, OR AMEND
38 SUCH RULES AND REGULATIONS, AS MAY BE NECESSARY TO CONFORM TO THE
39 REQUIREMENTS OF ANY AMENDMENT TO THE PLAN FOR MEDICAL ASSISTANCE, WHICH
40 IS MAINTAINED IN ACCORDANCE WITH TITLE XIX, OR ANY SUCCESSOR TITLE, OF
41 THE FEDERAL SOCIAL SECURITY ACT, MADE PURSUANT TO SUBDIVISION FOUR OF
42 SECTION THREE HUNDRED SIXTY-SEVEN-F OF THE SOCIAL SERVICES LAW.
43 S 36. Subdivision 4 of section 1950 of the education law is amended by
44 adding a new paragraph oo to read as follows:
45 OO. FORM HEALTH INSURANCE TRUSTS WITH COMPONENT SCHOOL DISTRICTS OR
46 DISTRICTS OF CHILDREN WHO RESIDE WITHIN THE BOARD OF COOPERATIVE EDUCA-
47 TIONAL SERVICES TO PURCHASE AND ADMINISTER EMPLOYEES' HEALTH INSURANCE
48 AND WORKERS' COMPENSATION INSURANCE.
49 S 37. Intentionally omitted.
50 S 38. Intentionally omitted.
51 S 39. Section 365-a of the social services law is amended by adding a
52 new subdivision 10 to read as follows:
53 10. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION OR OF
54 ANY OTHER PROVISION OF THIS CHAPTER OR OTHER LAW, EACH LOCAL SOCIAL
55 SERVICES DISTRICT IS HEREBY AUTHORIZED TO DETERMINE WHICH, IF ANY,
56 SERVICES IT CHOOSES TO PROVIDE TO ELIGIBLE PERSONS OF THOSE SERVICES
S. 5758--A 53
1 OTHERWISE REQUIRED TO BE PROVIDED BY APPLICABLE STATE LAW BUT NOT
2 REQUIRED TO BE PROVIDED BY FEDERAL LAW.
3 S 40. Section 366 of the social services law is amended by adding a
4 new subdivision 10 to read as follows:
5 10. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION OR OF
6 ANY OTHER PROVISION OF THIS CHAPTER OR OTHER LAW, EACH LOCAL SOCIAL
7 SERVICES DISTRICT IS HEREBY AUTHORIZED TO DETERMINE TO WHICH, IF ANY,
8 CATEGORIES OF ELIGIBILITY IT CHOOSES TO PROVIDE MEDICAL ASSISTANCE
9 OTHERWISE REQUIRED TO BE PROVIDED BY APPLICABLE STATE LAW BUT NOT
10 REQUIRED TO BE PROVIDED BY FEDERAL LAW.
11 S 41. The commissioner of health:
12 1. is authorized and directed to apply for any and all federal waiv-
13 ers required to implement the provisions of subdivision 10 of section
14 365-a and subdivision 10 of section 366 of the social services law;
15 2. shall promulgate any and all rules and regulations and take any
16 other measures necessary to implement this act, including but not limit-
17 ed to developing a services and eligibility plan and distributing the
18 same to local social services districts whereby such districts may make
19 such choices as are authorized by subdivision 10 of section 365-a and
20 subdivision 10 of section 366 of the social services law, as added by
21 sections forty-two and forty-three, respectively, of this act, and
22 applicable federal waivers; and
23 3. shall specify dates by which such services and eligibility plans
24 must be returned to said commissioner for review and approval to imple-
25 ment such plans. A district that does not have an approved plan by the
26 deadline set therefor by the commissioner shall provide all services and
27 categories of eligibility required under the state plan as in effect at
28 that time.
29 S 42. Section 22 of the social services law is amended by adding a new
30 subdivision 15 to read as follows:
31 15. THE DEPARTMENT SHALL PERMIT SOCIAL SERVICES DISTRICTS TO SUBMIT
32 THEIR EVIDENTIARY PACKAGES FOR ANY FAIR HEARING TO THE DEPARTMENT SOLELY
33 IN AN ELECTRONIC FORMAT AND SHALL PROVIDE THE MEANS TO FACILITATE THE
34 SOCIAL SERVICES DISTRICTS' USE OF ANY SUCH EVIDENTIARY PACKAGES FOR
35 THEIR EVIDENTIARY PRESENTATIONS AT THE FAIR HEARING. NOTHING CONTAINED
36 IN THIS SECTION SHALL REQUIRE A SOCIAL SERVICES DISTRICT TO SUBMIT ITS
37 EVIDENTIARY PACKAGE IN AN ELECTRONIC FORMAT, NOR SHALL A SOCIAL SERVICES
38 DISTRICT, OR ANY OTHER PARTY TO A FAIR HEARING, BE PRECLUDED FROM OFFER-
39 ING INTO EVIDENCE DOCUMENTATION IN PAPER FORMAT, REGARDLESS OF THE MEDI-
40 UM USED TO CREATE, TRANSMIT, AND DISPLAY THE EVIDENTIARY PACKAGE AT THE
41 FAIR HEARING. IN CASES WHERE A PERSON ENTITLED TO AN APPEAL PURSUANT TO
42 THIS SECTION REQUESTS A PAPER COPY OF THE EVIDENTIARY PACKAGE EITHER
43 BEFORE THE HEARING OR AT THE HEARING, THE SOCIAL SERVICES DISTRICT SHALL
44 PROVIDE SUCH PAPER COPY EVEN IF SUCH DISTRICT WILL UTILIZE AN ELECTRONIC
45 FORMAT AT THE FAIR HEARING. REQUESTS MADE PRIOR TO THE FAIR HEARING
46 SHALL BE PROCESSED IN ACCORDANCE WITH THE REGULATIONS OF THE DEPARTMENT.
47 WHEN NOTIFYING A PERSON ENTITLED TO AN APPEAL TO THE DEPARTMENT OF THE
48 SCHEDULING OF A FAIR HEARING, THE DEPARTMENT SHALL STATE THAT ANY SUCH
49 PERSON MAY REQUEST ORALLY OR IN WRITING A PAPER COPY OF THE EVIDENTIARY
50 PACKAGE TO BE PRESENTED BY THE SOCIAL SERVICES DISTRICT AT THE FAIR
51 HEARING.
52 S 43. The mental hygiene law is amended by adding a new section 29.28
53 to read as follows:
54 S 29.28 PAYMENT OF COSTS FOR PROSECUTION OF INMATE-PATIENTS.
55 (A) WHEN AN INMATE-PATIENT, AS DEFINED IN SUBDIVISION (A) OF SECTION
56 29.27 OF THIS ARTICLE, WHO WAS COMMITTED FROM A STATE CORRECTIONAL
S. 5758--A 54
1 FACILITY, IS ALLEGED TO HAVE COMMITTED AN OFFENSE WHILE IN THE CUSTODY
2 OF THE DEPARTMENT, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
3 VISION SHALL PAY ALL REASONABLE COSTS FOR THE PROSECUTION OF SUCH
4 OFFENSE, INCLUDING BUT NOT LIMITED TO, COSTS FOR: A GRAND JURY IMPANELED
5 TO HEAR AND EXAMINE EVIDENCE OF SUCH OFFENSE, PETIT JURORS, WITNESSES,
6 THE DEFENSE OF ANY INMATE FINANCIALLY UNABLE TO OBTAIN COUNSEL IN
7 ACCORDANCE WITH THE PROVISIONS OF THE COUNTY LAW, THE DISTRICT ATTORNEY,
8 THE COSTS OF THE SHERIFF AND THE APPOINTMENT OF ADDITIONAL COURT ATTEND-
9 ANTS, OFFICERS OR OTHER JUDICIAL PERSONNEL.
10 (B) IT SHALL BE THE DUTY OF THE GOVERNING BODY OF ANY COUNTY WHEREIN
11 SUCH PROSECUTION OCCURS TO CAUSE A SWORN STATEMENT OF ALL COSTS TO BE
12 FORWARDED TO THE DEPARTMENT. UPON CERTIFICATION BY THE DEPARTMENT THAT
13 SUCH COSTS AS AUTHORIZED BY THIS STATUTE HAVE BEEN INCURRED, THE DEPART-
14 MENT SHALL FORWARD THE PROPER VOUCHERS TO THE STATE COMPTROLLER. IT
15 SHALL BE THE DUTY OF THE COMPTROLLER TO EXAMINE SUCH STATEMENT AND TO
16 CORRECT SAME BY STRIKING THEREFROM ANY AND ALL ITEMS WHICH ARE NOT
17 AUTHORIZED PURSUANT TO THE PROVISIONS OF THIS SECTION AND AFTER CORRECT-
18 ING SUCH STATEMENT, THE COMPTROLLER SHALL DRAW HIS WARRANT FOR THE
19 AMOUNT OF ANY SUCH COSTS IN FAVOR OF THE APPROPRIATE COUNTY TREASURER,
20 WHICH SUM SHALL BE PAID TO SAID COUNTY TREASURER OUT OF ANY MONEYS
21 APPROPRIATED THEREFOR.
22 (C) THE DEPARTMENT SHALL, AFTER CONSULTATION WITH THE DIRECTOR OF THE
23 BUDGET, PROMULGATE RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF
24 THIS SECTION.
25 S 44. S 44. The highway law is amended by adding a new section 205-c
26 to read as follows:
27 S 205-C. LOW VOLUME ROADS. 1. WHEN USED IN THIS SECTION, UNLESS OTHER-
28 WISE EXPRESSLY STATED, OR UNLESS THE CONTEXT OR SUBJECT MATTER OTHERWISE
29 REQUIRES, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
30 A. "LOW-VOLUME ROAD" SHALL MEAN A TOWN HIGHWAY OR PORTION THEREOF
31 LOCATED IN A TOWN, WHEN SUCH HIGHWAY HAS AN AVERAGE DAILY TRAFFIC COUNT
32 OF LESS THAN FOUR HUNDRED MOTOR VEHICLES PER DAY. SUCH TERM SHALL NOT
33 APPLY TO ANY HIGHWAY OR ROAD OR PORTION THEREOF WHICH HAS PREVIOUSLY
34 BEEN ABANDONED PURSUANT TO SUBDIVISION ONE OF SECTION TWO HUNDRED FIVE
35 OF THIS ARTICLE BECAUSE IT SHALL NOT HAVE BEEN USED OR TRAVELED AS A
36 HIGHWAY FOR SIX YEARS. LOW VOLUME ROADS MAY BE CLASSIFIED AS FOLLOWS:
37 (I) "LOW-VOLUME COLLECTOR ROAD" SHALL MEAN A LOW-VOLUME ROAD THAT
38 COLLECTS TRAFFIC FROM ANY OTHER CLASSIFICATION AND CHANNELS IT TO A
39 HIGHER LEVEL ROAD, SUCH AS A STATE HIGHWAY, ARTERIAL OR INTERSTATE HIGH-
40 WAY.
41 (II) "RESIDENTIAL ACCESS ROAD" SHALL MEAN A LOW-VOLUME ROAD THAT
42 PROVIDES ACCESS TO RESIDENCES THAT ARE OCCUPIED THROUGHOUT THE YEAR.
43 THE TRAFFIC GENERATED DEPENDS ON THE NUMBER OF RESIDENCES. ACCESS FOR
44 EMERGENCY VEHICLES AND SCHOOL BUSES MUST BE PROVIDED.
45 (III) "RESOURCE/INDUSTRIAL ACCESS ROAD" SHALL MEAN A LOW-VOLUME ROAD
46 THAT PROVIDES ACCESS TO FOREST, INDUSTRIAL OR MINING OPERATIONS. TRAFFIC
47 VOLUME CAN VARY AND INCLUDE HEAVY TRUCKS, EXTRACTIVE MACHINERY AND MOTOR
48 VEHICLES OPERATED BY EMPLOYEES OF SUCH OPERATION.
49 (IV) "AGRICULTURAL ACCESS ROAD" SHALL MEAN A LOW-VOLUME ROAD THAT
50 PROVIDES ACCESS TO FARM LAND. TRAFFIC VOLUMES ARE LOW AND VARY
51 SEASONALLY. SUCH ROADS SHALL ACCOMMODATE FARM EQUIPMENT.
52 (V) "FARM ACCESS ROAD" SHALL MEAN A LOW-VOLUME ROAD THAT PROVIDES
53 PRINCIPAL MOTOR VEHICLE ACCESS FOR THE TRANSPORT OF GOODS AND SERVICES
54 NECESSARY FOR EFFECTIVE SUPPORT OF A FARM'S DAILY OPERATIONS TO AND FROM
55 THE PRIMARY LOCATION OR CENTER OF SUCH OPERATIONS. TRAFFIC VOLUME IS
56 GENERALLY LOW, SIGNIFICANTLY LESS THAN FOUR HUNDRED MOTOR VEHICLES PER
S. 5758--A 55
1 DAY, AND MAY INCLUDE OCCASIONAL HEAVY VEHICLES AND FARM EQUIPMENT AS
2 WELL AS OTHER MOTOR VEHICLES.
3 (VI) "RECREATION ACCESS ROAD" SHALL MEAN A LOW-VOLUME ROAD THAT
4 PROVIDES ACCESS TO RECREATIONAL LAND INCLUDING SEASONAL DWELLINGS, PARKS
5 AND RECREATIONAL LANDS. VOLUMES MAY VARY WITH THE TYPE OF RECREATION
6 FACILITY, ACTIVITY AND SEASON OF THE YEAR.
7 B. "MINIMUM MAINTENANCE ROAD" SHALL MEAN A LOW-VOLUME AGRICULTURAL OR
8 RECREATIONAL ACCESS ROAD OR PORTION THEREOF WITH AN AVERAGE DAILY TRAF-
9 FIC COUNT OF LESS THAN FIFTY MOTOR VEHICLES PER DAY DESIGNATED BY THE
10 TOWN AS MINIMUM MAINTENANCE PURSUANT TO THIS SECTION, EXCEPT FOR A FARM
11 ACCESS ROAD OR A ROAD WHICH PROVIDES ACCESS TO A RESIDENCE OCCUPIED
12 THROUGHOUT THE YEAR AT THE TIME IT IS PROPOSED TO BE DESIGNATED MINIMUM
13 MAINTENANCE. THE TERM "MINIMUM MAINTENANCE" SHALL NOT BE CONSTRUED TO
14 MEAN "NO MAINTENANCE" OR "ABANDONMENT", HOWEVER, SUCH ROADS MAY BE
15 CLOSED DURING CERTAIN TIMES OF THE YEAR SUBJECT TO STANDARDS ADOPTED BY
16 THE TOWN BOARD.
17 C. "MOTOR VEHICLE" SHALL MEAN A MOTOR VEHICLE AS DEFINED BY SECTION
18 ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW.
19 D. "FARM OPERATION" SHALL HAVE THE SAME MEANING AS SUCH TERM IS
20 DEFINED IN SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW.
21 2. A. THE TOWN BOARD OF ANY TOWN MAY, BY RESOLUTION, DESIGNATE CERTAIN
22 TOWN HIGHWAYS AS LOW-VOLUME ROADS OR PORTIONS THEREOF PURSUANT TO THE
23 CLASSIFICATIONS DEFINED IN THIS SECTION. IN CLASSIFYING SUCH ROADS, THE
24 TOWN BOARD SHALL CONSIDER TRAFFIC VOLUMES, TYPES OF VEHICLES USING THE
25 ROAD OR PORTION THEREOF, AND THE USE OF THE LAND ADJACENT TO THE ROAD.
26 THE TOWN BOARD SHALL REFER PROPOSED CLASSIFICATIONS TO THE TOWN HIGHWAY
27 SUPERINTENDENT AND THE TOWN PLANNING BOARD, IF PRESENT IN SUCH TOWN.
28 B. UPON RECEIPT OF THE PROPOSED RESOLUTION, THE TOWN HIGHWAY SUPER-
29 INTENDENT AND, WHERE APPLICABLE, TOWN PLANNING BOARD, SHALL PROVIDE
30 WRITTEN RECOMMENDATIONS TO THE TOWN BOARD, WHICH SHALL INCLUDE THE
31 REASONS FOR SUCH RECOMMENDATIONS, WITHIN FORTY-FIVE DAYS OF RECEIPT.
32 UPON RECEIPT OF THE RECOMMENDATIONS FROM THE TOWN HIGHWAY SUPERINTENDENT
33 AND, WHERE APPLICABLE, TOWN PLANNING BOARD, OR UPON THE EXPIRATION OF
34 FORTY-FIVE DAYS FROM THE DATE THE PROPOSED RESOLUTION WAS REFERRED, THE
35 TOWN BOARD MAY ADOPT BY MAJORITY VOTE, THE LOCAL CLASSIFICATION RESOL-
36 UTION.
37 3. A. THE TOWN BOARD OF ANY TOWN MAY, AFTER A PUBLIC HEARING, ADOPT A
38 LOCAL LAW DESIGNATING ANY LOW-VOLUME ROAD OR PORTION THEREOF PROVIDING
39 AGRICULTURAL OR RECREATIONAL ACCESS, EXCEPT FOR FARM ACCESS ROADS OR
40 ROADS THAT PROVIDE ACCESS TO A RESIDENCE OCCUPIED THROUGHOUT THE YEAR AT
41 THE TIME OF DESIGNATION, AS A MINIMUM MAINTENANCE ROAD. NO SUCH LAW
42 SHALL UNREASONABLY RESTRICT A FARM OPERATION LOCATED WITHIN AN AGRICUL-
43 TURAL DISTRICT ESTABLISHED PURSUANT TO ARTICLE TWENTY-FIVE-AA OF THE
44 AGRICULTURE AND MARKETS LAW. SUCH LOCAL LAW SHALL NOT PREVENT THE STATE
45 FROM MAINTAINING SUCH ROAD IF THE ROAD PASSES OVER, OR PROVIDES ACCESS
46 TO, STATE LAND. NO SUCH LAW DESIGNATING A MINIMUM MAINTENANCE ROAD SHALL
47 BE EFFECTIVE UNTIL MINIMUM MAINTENANCE STANDARDS ARE ADOPTED AND SIGNS
48 ARE POSTED ADVISING THE PUBLIC THAT SUCH ROAD IS A MINIMUM MAINTENANCE
49 ROAD. NO ROAD, ONCE DESIGNATED A MINIMUM MAINTENANCE ROAD, SHALL BE
50 DETERMINED TO HAVE BEEN ABANDONED PURSUANT TO THE PROVISIONS OF SUBDIVI-
51 SION ONE OF SECTION TWO HUNDRED FIVE OF THIS ARTICLE SOLELY BECAUSE IT
52 HAS BEEN DESIGNATED A MINIMUM MAINTENANCE ROAD.
53 B. AT LEAST NINETY DAYS PRIOR TO THE PUBLIC HEARING ON SUCH LOCAL LAW
54 THE TOWN BOARD HAVING JURISDICTION OVER SUCH ROAD SHALL ISSUE FINDINGS
55 THAT SUCH ROAD OR PORTION THEREOF SHOULD BE DESIGNATED A MINIMUM MAINTE-
56 NANCE ROAD. SUCH FINDINGS SHALL INCLUDE, BUT NOT BE LIMITED TO:
S. 5758--A 56
1 (I) THE VOLUME AND TYPE OF MOTOR VEHICLES THAT TRAVEL ON SUCH ROAD;
2 (II) A DETERMINATION THAT THE PROPERTY OWNERS OF LAND ABUTTING THE
3 ROAD SHALL CONTINUE TO HAVE ACCESS TO THEIR PROPERTY;
4 (III) A DETERMINATION THAT THE USERS OF THE ROAD TRAVELING AT A
5 REASONABLE AND PRUDENT SPEED, UNDER THE CIRCUMSTANCES, SHALL NOT BE
6 PLACED IN A HAZARDOUS SITUATION;
7 (IV) A DETERMINATION THAT SUCH ROAD, OR PORTION THEREOF, DOES NOT
8 CONSTITUTE A FARM ACCESS ROAD AS DEFINED IN THIS SECTION;
9 (V) THE EFFECT OF SUCH DESIGNATION ON ANY FARM OPERATIONS DEPENDENT
10 UPON THE ROAD, AND THAT SUCH DESIGNATION DOES NOT UNREASONABLY RESTRICT
11 A FARM OPERATION LOCATED WITHIN AN AGRICULTURAL DISTRICT ESTABLISHED
12 PURSUANT TO ARTICLE TWENTY-FIVE-AA OF THE AGRICULTURE AND MARKETS LAW;
13 AND
14 (VI) THE STANDARDS OF MAINTENANCE DEVELOPED IN CONSULTATION WITH THE
15 TOWN HIGHWAY SUPERINTENDENT TO BE PROVIDED FOR SUCH ROAD INCLUDING, BUT
16 NOT LIMITED TO, THE INTENTION TO CLOSE SUCH ROAD DURING CERTAIN TIMES OF
17 THE YEAR.
18 A COPY OF THE TOWN BOARD'S FINDINGS SHALL BE MADE AVAILABLE FOR PUBLIC
19 INSPECTION IN THE TOWN CLERK'S OFFICE AND POSTED TO THE TOWN WEBSITE IF
20 AVAILABLE.
21 AT LEAST FORTY-FIVE DAYS PRIOR TO THE PUBLIC HEARING A COPY OF THE
22 FINDINGS SHALL BE SENT TO THE SCHOOL BOARD OF THE SCHOOL DISTRICT IN
23 WHICH EACH ROAD IS LOCATED AND TO THE TOWN PLANNING BOARD BY CERTIFIED
24 MAIL, RETURN RECEIPT REQUESTED. SUCH SCHOOL BOARD AND PLANNING BOARD MAY
25 REVIEW THE FINDINGS OF THE TOWN BOARD AND WITHIN FORTY-FIVE DAYS FILE
26 WITH THE TOWN CLERK THEIR RECOMMENDATION AND FINDINGS. IN THE EVENT THE
27 SCHOOL OR PLANNING BOARD TAKES NO ACTION WITHIN THE FORTY-FIVE DAY
28 REVIEW PERIOD THE TOWN BOARD MAY PROCEED WITHOUT SAID BOARD'S RECOMMEN-
29 DATION AND FINDINGS. SCHOOL OR PLANNING BOARD REVIEW MAY BE WAIVED,
30 SHORTENED OR EXTENDED UPON MUTUAL CONSENT OF SAID BOARD AND THE TOWN
31 BOARD. THE TOWN BOARD OF THE TOWN MAY, BY RESOLUTION, ACCEPT, ACCEPT IN
32 PART, OR REJECT THE RECOMMENDATIONS OF EITHER THE SCHOOL OR PLANNING
33 BOARD PRIOR TO ANY VOTE UPON THE PROPOSED LOCAL LAW.
34 AT LEAST FORTY-FIVE DAYS PRIOR TO A PUBLIC HEARING A COPY OF THE FIND-
35 INGS OF THE TOWN BOARD SHALL BE SENT BY CERTIFIED MAIL, RETURN RECEIPT
36 REQUESTED, TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE DEPART-
37 MENT OF AGRICULTURE AND MARKETS OR ANY OTHER RELEVANT STATE AGENCY THAT
38 HAS JURISDICTION OVER THE LAND THAT THE ROAD PROPOSED TO BE DESIGNATED
39 AS MINIMUM MAINTENANCE PASSES OVER OR PROVIDES ACCESS TO.
40 C. AT LEAST THIRTY DAYS PRIOR TO THE PUBLIC HEARING ON SUCH LOCAL LAW,
41 WRITTEN NOTICE OF SUCH HEARING, INCLUDING A SUMMARY OF THE FINDINGS AND
42 WHERE A COPY OF THE FINDINGS MAY BE LOCATED, SHALL BE SERVED BY CERTI-
43 FIED MAIL, RETURN RECEIPT REQUESTED, UPON EVERY OWNER OF REAL PROPERTY,
44 AS DETERMINED BY THE LATEST COMPLETED ASSESSMENT ROLL, ABUTTING SUCH
45 ROAD OR PORTION THEREOF.
46 D. THE TOWN CLERK SHALL GIVE NOTICE OF SUCH HEARING BY THE PUBLICATION
47 OF A NOTICE IN AT LEAST ONE NEWSPAPER OF GENERAL CIRCULATION IN THE
48 TOWN, AND POST SUCH NOTICE ON THE TOWN WEBSITE, IF AVAILABLE. SUCH
49 NOTICE SHALL STATE THE TIME AND PLACE WHERE SUCH HEARING WILL BE HELD,
50 AND IN GENERAL TERMS DESCRIBE THE PROPOSED RESOLUTION. SUCH NOTICE SHALL
51 BE PUBLISHED ONCE AT LEAST FIVE DAYS PRIOR TO THE DAY SPECIFIED FOR SUCH
52 HEARING.
53 4. A ROAD OR ROAD SEGMENT, WHICH HAS BEEN DESIGNATED MINIMUM MAINTE-
54 NANCE, SHALL BE MAINTAINED AT A LEVEL WHICH ALLOWS THE ROAD TO BE MADE
55 PASSABLE AND FUNCTIONAL IN A MANNER DETERMINED BY THE TOWN HIGHWAY
56 SUPERINTENDENT IN ACCORDANCE WITH THE STANDARDS DEVELOPED IN CONSULTA-
S. 5758--A 57
1 TION WITH THE TOWN HIGHWAY SUPERINTENDENT AND ADOPTED BY THE TOWN BOARD,
2 SUCH STANDARDS SHALL BE CONSISTENT WITH THE VOLUME AND TYPE OF VEHICLES
3 TRAVELING ON SUCH ROAD. SUCH STANDARDS SHALL NOT RESTRICT ACCESS TO A
4 FARM OPERATION LOCATED WITHIN AN AGRICULTURAL DISTRICT AND FARMLAND BY A
5 FARM OPERATION ELIGIBLE FOR AGRICULTURAL ASSESSMENT PURSUANT TO ARTICLE
6 TWENTY-FIVE-AA OF THE AGRICULTURE AND MARKETS LAW. NORMAL ROAD MAINTE-
7 NANCE PRACTICES INCLUDING, BUT NOT LIMITED TO, SNOW AND ICE REMOVAL,
8 PAVING, PATCHING, BLADING, DRAGGING OR MOWING MAY BE DONE LESS FREQUENT-
9 LY DEPENDING UPON THE EXISTING CONDITIONS AND USE OF THE ROAD BUT SHALL,
10 AT A MINIMUM, BE CONSISTENT WITH OTHER SUPERSEDING STANDARDS OR GUIDE-
11 LINES DEVELOPED PURSUANT TO STATE LAW. MINIMUM MAINTENANCE ROADS SHALL
12 CONTINUE TO BE PART OF THE TOWN HIGHWAY SYSTEM.
13 5. A. ANY PERSON OR PERSONS OWNING OR OCCUPYING REAL PROPERTY ABUTTING
14 A ROAD OR PORTION THEREOF WHICH HAS BEEN DESIGNATED A MINIMUM MAINTE-
15 NANCE ROAD MAY PETITION THE TOWN HAVING JURISDICTION OVER SUCH ROAD OR
16 PORTION THEREOF TO DISCONTINUE THE DESIGNATION OF SUCH ROAD AS A MINIMUM
17 MAINTENANCE ROAD OR TO MODIFY THE MAINTENANCE STANDARDS FOR SUCH ROAD.
18 SUCH PETITION SHALL BE FILED WITH THE CLERK OF THE TOWN HAVING JURISDIC-
19 TION OVER SUCH ROAD. SUCH PETITION SHALL IDENTIFY THE ROAD OR PORTION
20 THEREOF TO BE DISCONTINUED AS A MINIMUM MAINTENANCE ROAD AND SET FORTH
21 THE REASONS FOR SUCH DISCONTINUANCE OR MODIFICATION. THE TOWN BOARD
22 HAVING JURISDICTION OVER SUCH ROAD SHALL HOLD A PUBLIC HEARING UPON SUCH
23 PETITION WITHIN THIRTY DAYS AFTER ITS RECEIPT. THE TOWN CLERK SHALL GIVE
24 NOTICE OF SUCH HEARING BY THE PUBLICATION OF A NOTICE IN AT LEAST ONE
25 NEWSPAPER OF GENERAL CIRCULATION IN THE TOWN, AND POST SUCH NOTICE ON
26 THE TOWN WEBSITE, IF AVAILABLE, AND SHALL PROVIDE NOTICE OF THE HEARING
27 TO THE PETITIONER BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED. SUCH
28 NOTICE SHALL SPECIFY THE TIME AND PLACE OF SUCH HEARING, AND IN GENERAL
29 TERMS DESCRIBE THE PROPOSED RESOLUTION. SUCH NOTICE SHALL BE PUBLISHED
30 ONCE AT LEAST FIVE DAYS PRIOR TO THE DAY SPECIFIED FOR SUCH HEARING.
31 B. IN THE EVENT THE TOWN BOARD, AFTER SUCH PUBLIC HEARING, DETERMINES
32 THAT SUCH DESIGNATION OR STANDARDS SHALL CONTINUE UNCHANGED, NO ADDI-
33 TIONAL PETITION MAY BE SUBMITTED BY A PERSON OR PERSONS PURSUANT TO THIS
34 SECTION UNTIL THE LAPSE OF AT LEAST TWENTY-FOUR MONTHS FROM THE DATE OF
35 THE FILING OF THE PREVIOUS PETITION FILED BY SUCH PERSON OR PERSONS.
36 C. THE TOWN BOARD HAVING JURISDICTION OVER A MINIMUM MAINTENANCE ROAD
37 MAY ADOPT A LOCAL LAW DISCONTINUING SUCH MINIMUM MAINTENANCE ROAD DESIG-
38 NATION IN THE EVENT IT DETERMINES SUCH DISCONTINUANCE TO BE IN THE
39 PUBLIC INTEREST.
40 6. WHERE THE MINIMUM MAINTENANCE ROAD DESIGNATION IS DISCONTINUED, OR
41 A LOW-VOLUME ROAD CLASSIFICATION IS CHANGED, ROAD IMPROVEMENTS MAY, IN
42 ADDITION TO OTHER FINANCING MECHANISMS AVAILABLE FOR ROAD CONSTRUCTION
43 PROJECTS, BE UNDERTAKEN IN ACCORDANCE WITH SECTION TWO HUNDRED OF THE
44 TOWN LAW.
45 S 45. The vehicle and traffic law is amended by adding a new section
46 124 to read as follows:
47 S 124. MINIMUM MAINTENANCE ROAD. A LOW-VOLUME ROAD OR PORTION THEREOF
48 WHICH IS DESIGNATED BY THE TOWN HAVING JURISDICTION OVER SUCH ROAD
49 PURSUANT TO SECTION TWO HUNDRED FIVE-C OF THE HIGHWAY LAW.
50 S 46. Subdivision (a) of section 1683 of the vehicle and traffic law
51 is amended by adding a new paragraph 18 to read as follows:
52 18. DESIGNATE A ROAD OR PORTION THEREOF AS A MINIMUM MAINTENANCE ROAD.
53 S 47. Section 142 of the highway law, is amended to read as follows:
54 S 142. Machinery, tools, equipment and implements. 1. a. The town
55 superintendent may, with the approval of the town board, purchase equip-
56 ment, tools and other implements to be used for highway maintenance,
S. 5758--A 58
1 construction or reconstruction, snow ploughs or other devices for the
2 removal of snow from the highways from moneys appropriated for that
3 purpose. However, the town board may authorize the town superintendent
4 to purchase such equipment, tools and implements without prior approval
5 in an amount or amounts to be fixed, from time to time, by the board.
6 THE TOWN SUPERINTENDENT MAY ALSO REQUEST THAT THE TOWN BOARD ENTER INTO
7 AN AGREEMENT PURSUANT TO SECTION ONE HUNDRED NINETEEN-O OF THE GENERAL
8 MUNICIPAL LAW TO PURCHASE SUCH EQUIPMENT, TOOLS AND IMPLEMENTS.
9 b. The approval of the town board shall not be necessary for the
10 purchase by the town superintendent of highways equipment enumerated in
11 subdivision one hereof, in towns of the first class in Erie county when
12 such purchases are in amounts less than one thousand dollars, nor in
13 towns of the second class in Erie county when such purchases are in
14 amounts less than five hundred dollars.
15 2. All tools, implements and other highway equipment owned either by
16 the town or the highway districts therein, shall be used by the town
17 superintendent in such manner and in such places in such towns as he
18 shall deem best. They shall be under the control of the superintendent
19 and be cared for by him at the expense of the town.
20 3. The town superintendent shall annually make a written inventory of
21 all such machinery, tools, implements and equipment, indicating each
22 article and stating the value thereof, and the estimated cost of all
23 necessary repairs thereto, and deliver the same to the town board on or
24 before September thirtieth in each year. He shall at the same time file
25 with the town board his written recommendations as to what machinery,
26 tools, implements and equipment should be purchased for the use of the
27 town, and the probable cost thereof.
28 4. The town superintendent shall provide a suitable place for housing
29 and storing machinery, tools, implements and equipment owned by the town
30 and cause the same to be stored therein, when not in use. Pursuant to
31 the provisions of article fourteen of the town law, the town board of
32 any town may authorize the town superintendent to purchase real estate
33 with a suitable building or buildings thereon, or to purchase real
34 estate in the name of the town and erect thereon a building for the
35 purpose of housing and storing such machinery, tools, implements and
36 equipment, or to erect a building for such purposes on real estate owned
37 by the town. Capital improvements may be made to any building erected or
38 purchased pursuant to this subdivision. THE TOWN SUPERINTENDENT MAY ALSO
39 REQUEST THAT THE TOWN BOARD ENTER INTO AN AGREEMENT PURSUANT TO SECTION
40 ONE HUNDRED NINETEEN-O OF THE GENERAL MUNICIPAL LAW TO PROVIDE A SUIT-
41 ABLE PLACE FOR HOUSING AND STORING MACHINERY, TOOLS, IMPLEMENTS AND
42 EQUIPMENT OWNED BY THE TOWN AND CAUSE THE SAME TO BE STORED THEREIN,
43 WHEN NOT IN USE.
44 4-a. Notwithstanding the provisions of article fourteen of the town
45 law and of subdivision four of this section, the town board of any town
46 in the county of Westchester which contains the whole or any part of a
47 village that forms a separate highway district may authorize the town
48 superintendent, for the purpose of providing for the housing and storing
49 of machinery, tools, implements and equipment owned by the town, to
50 purchase real estate in the name of the town with a suitable building or
51 buildings thereon, or to purchase real estate in the name of the town
52 and erect thereon a building or buildings, or to erect a building or
53 buildings on real estate owned by the town, or to make capital improve-
54 ments to any building or buildings owned by the town, provided that the
55 cost of any such object or purpose shall be assessed, levied and
56 collected from the several lots and parcels of land in the town outside
S. 5758--A 59
1 of any such village in the same manner and at the same time as other
2 town charges. The principal of and interest on any indebtedness
3 contracted for any such object or purpose shall be assessed, levied and
4 collected, in the first instance, in like manner, but if not paid from
5 such source, all of the taxable real property within the town shall be
6 subject to the levy of ad valorem taxes to pay such principal and inter-
7 est. Except where an expenditure authorized pursuant to this subdivision
8 is to be financed, in whole or in part, pursuant to the local finance
9 law, the authorization of any such expenditure by the town board shall
10 be subject to a mandatory referendum in the manner prescribed in article
11 six of the town law, provided that no person shall be entitled to vote
12 upon the proposition for any such expenditure unless he or she is an
13 elector and the owner of property in the town outside of any such
14 village assessed upon the last preceding town assessment roll.
15 5. The town superintendent may also, with the approval of the town
16 board, sell any such machinery, tools, implements and equipment, which
17 are no longer needed by the town, or which are worn out or obsolete, or
18 may exchange the same or surrender it to the vendor as part payment for
19 new machinery, tools, implements and equipment. If sold, the proceeds
20 shall, under the direction of the town board, be applicable to the
21 purchase of the machinery, tools, implements and equipment mentioned in
22 subdivision three of section two hundred seventy-one of this chapter.
23 Where there is an incorporated village constituting a separate road
24 district, wholly or partly in a town which has purchased machinery,
25 tools or other highway or snow removal equipment the town board of such
26 town may permit the use thereof by such village upon such terms as may
27 be agreed upon.
28 S 48. Paragraph (e) of subdivision 4 of section 10-c of the highway
29 law, as amended by chapter 413 of the laws of 1991, is amended to read
30 as follows:
31 (e) Funds allocated for local street or highway projects under this
32 subdivision shall be used to undertake work on a project either with the
33 municipality's own forces or by contract, provided however, that whenev-
34 er the estimate for the construction contract work exceeds [one] TWO
35 hundred FIFTY thousand dollars such work must be performed by contract
36 let by competitive bid in accordance with the provisions of section one
37 hundred three of the general municipal law.
38 S 49. Subdivisions 6, 7 and 8 of section 10-c of the highway law,
39 subdivision 6 as amended by chapter 755 of the laws of 1992, subdivision
40 7 as added by section 5 of part C of chapter 84 of the laws of 2002 and
41 subdivision 8 as added by chapter 56 of the laws of 1993, are amended to
42 read as follows:
43 6. [On the first day of the third month following the end of its
44 fiscal year ending in nineteen hundred eighty-three and each succeeding
45 fiscal year, each municipality which has received five thousand dollars
46 or more in total funds paid pursuant to subdivision two or four of this
47 section during the preceding fiscal year shall certify to the commis-
48 sioner, pursuant to rules and regulations promulgated by the commission-
49 er in relation thereto, that the expenditure by such municipality in
50 such fiscal year of nonstate funds raised by the municipality for the
51 operation and maintenance (exclusive of capital construction) of its
52 highways, bridges and/or highway-railroad crossings was not reduced
53 below the level of the average of the previous two years. Provided,
54 however, that in calculating the expenditures and revenues of the muni-
55 cipality to determine the local maintenance of effort for the fiscal
56 year being certified and the expenditure level of the average of the
S. 5758--A 60
1 previous two years, municipalities shall not be required to include the
2 amount of revenues and expenditures for operation and maintenance of its
3 highways, bridges, and/or highway-railroad crossings necessitated by any
4 unforeseen event for which the municipality was officially declared a
5 disaster area. Where a reduction in such spending or non-use has
6 occurred, the distributions above the funding level to such municipality
7 in the then-current state fiscal year shall be reduced by an amount
8 equivalent to the amount of such reduction or non-use, except that no
9 reduction to the funding level shall be taken for an amount caused by
10 any unforeseen event for which the municipality was officially declared
11 a disaster area. Municipalities not required to certify under this
12 section may continue such non-certifying status, with the approval of
13 the commissioner, if the apportionment to such municipality is increased
14 to more than five thousand dollars but less than seven thousand dollars
15 in any local fiscal year. For the purposes of this section, a munici-
16 pality shall mean a county, city, town or village or two or more such
17 jurisdictions acting jointly.
18 7.] For any city, town, or village which consolidates or merges with
19 another municipality, the resulting successor government shall file with
20 the office of the state comptroller a certificate of any such consol-
21 idation, merger and any accompanying dissolution. In the event that the
22 amount which would otherwise be apportioned to the individual govern-
23 ments exceeds the amount which is payable to the successor government
24 pursuant to this section, such successor government shall receive no
25 less in consolidated local highway apportionments than the predecessor
26 governments would have received in the aggregate had the merger or
27 consolidation not occurred.
28 [8.] 7. (a) For each fiscal year set out in the schedule hereinbelow
29 amounts shall be distributed pursuant to annual appropriation from the
30 local assistance account of the general fund in an amount set out in
31 such schedule for the corresponding state fiscal year:
32 State Fiscal Year Appropriation
33 1993-94 $72,652,000
34 1994-95 $72,652,000
35 1995-96 $72,652,000
36 1996-97 $72,652,000
37 (b) For each fiscal year set out in the schedule hereinbelow amounts
38 shall be distributed pursuant to annual appropriation from the dedicated
39 highway and bridge trust fund or by authorization by the legislature for
40 capital projects in an amount set out in such schedule for the corre-
41 sponding state fiscal year:
42 State Fiscal Year Appropriation
43 1993-94 $170,000,000
44 1994-95 $175,000,000
45 1995-96 $180,000,000
46 1996-97 $185,000,000
47 (c) The moneys appropriated or authorized in each fiscal year pursuant
48 to the schedules in paragraphs (a) and (b) of this subdivision shall be
49 distributed in accordance with the procedures contained in subdivisions
50 three and four of this section. The total of funds distributed in
51 accordance with the procedures in subdivision three of this section
52 shall equal one hundred forty-five million dollars in each fiscal year.
S. 5758--A 61
1 The balance of funds shall be distributed in accordance with the proce-
2 dures in subdivision four of this section. For purposes of calculating
3 distributions in accordance with subdivision three of this section, the
4 "funding level" shall be proportioned between amounts distributed pursu-
5 ant to paragraphs (a) and (b) of this subdivision.
6 S 50. The department of transportation shall revise any code, rule or
7 regulation consistent with the amendments to section 10-c of the highway
8 law, made by section fifty-two of this act.
9 S 51. Notwithstanding the provisions of article 47 of the insurance
10 law, or any other provision of law to the contrary, a county shall be
11 authorized to enter into a municipal cooperative agreement authorized by
12 article 5-G of the general municipal law, with one or more school
13 districts, towns, or villages, in order to provide health care benefits
14 or establish a health care plan for their respective employees. Such
15 county shall be authorized to charge an administrative fee to such
16 school districts, towns, or villages for participation in such agree-
17 ment.
18 S 52. Subdivision 13 of section 837 of the executive law, as added by
19 chapter 399 of the laws of 1972 and such section as renumbered by chap-
20 ter 603 of the laws of 1973, is amended to read as follows:
21 13. Adopt, amend or rescind such rules and regulations as may be
22 necessary or convenient to the performance of the functions, powers and
23 duties of the division INCLUDING REVISING AND ELIMINATING CERTAIN RECORD
24 KEEPING PROCEDURES TO REFLECT TECHNOLOGICAL ADVANCES;
25 S 53. Subdivision 8 of section 230 of the labor law as added by chap-
26 ter 777 of the laws of 1971, is amended to read as follows:
27 8. "Fiscal officer" [means the industrial commissioner, except for
28 building service work performed by or on behalf of a city, in which case
29 "fiscal officer" means the comptroller or other analogous officer of
30 such city] SHALL BE DEEMED TO BE, ON PUBLIC WORK PERFORMED BY OR ON
31 BEHALF OF THE STATE OR A PUBLIC BENEFIT CORPORATION OR A COUNTY OR A
32 VILLAGE, OR OTHER CIVIL DIVISION OF THE STATE, EXCEPT A CITY WITH A
33 POPULATION IN EXCESS OF ONE MILLION, THE COMMISSIONER OF LABOR; AND ON
34 PUBLIC WORK PERFORMED BY OR ON BEHALF OF A CITY WITH A POPULATION IN
35 EXCESS OF ONE MILLION, THE COMPTROLLER OR OTHER ANALOGOUS OFFICER OF
36 SUCH CITY.
37 S 54. Paragraph 1 of subdivision (c) of section 81.44 of the mental
38 hygiene law, as added by chapter 175 of the laws of 2008, is amended to
39 read as follows:
40 1. serve a copy of the statement of death upon the court examiner, the
41 duly appointed personal representative of the decedent's estate, or, if
42 no [person] PERSONAL representative has been appointed, then upon the
43 personal representative named in the decedent's will or any trust
44 instrument, if known, UPON THE LOCAL DEPARTMENT OF SOCIAL SERVICES and
45 upon the public administrator of the chief fiscal officer of the county
46 in which the guardian was appointed, and
47 S 55. Intentionally omitted.
48 S 56. Subdivision 4 of section 458-b of the social services law is
49 amended by adding a new paragraph (d) to read as follows:
50 (D) PAYMENTS PURSUANT TO THIS SECTION MAY BE MADE BY DIRECT DEPOSIT OR
51 DEBIT CARD, AS ELECTED BY THE RECIPIENT, AND ADMINISTERED ELECTRON-
52 ICALLY, AND IN ACCORDANCE WITH SECTION TWENTY-ONE-A OF THIS CHAPTER AND
53 WITH SUCH GUIDELINES AS MAY BE SET FORTH BY REGULATION OF THE OFFICE OF
54 CHILDREN AND FAMILY SERVICES. THE OFFICE OF CHILDREN AND FAMILY SERVICES
55 MAY ENTER INTO CONTRACTS ON BEHALF OF LOCAL SOCIAL SERVICES DISTRICTS
S. 5758--A 62
1 FOR SUCH DIRECT DEPOSIT OR DEBIT CARD SERVICES IN ACCORDANCE WITH
2 SECTION TWENTY-ONE-A OF THIS CHAPTER.
3 S 57. Subdivision 1 of section 341 of the social services law, as
4 amended by section 1 of part D of chapter 61 of the laws of 2006, is
5 amended to read as follows:
6 1. (a) Consistent with federal law and regulations and this title, if
7 a participant has failed or refused to comply with the requirements of
8 this title, the social services district shall issue a notice in plain
9 language indicating that such failure or refusal has taken place, THE
10 EFFECT OF SUCH NONCOMPLIANCE ON THE PARTICIPANT'S PUBLIC ASSISTANCE
11 BENEFITS, and of the right of such participant to conciliation to
12 resolve the reasons for such failure or refusal to avoid a pro-rata
13 reduction OR DISCONTINUANCE in public assistance benefits for a period
14 of time set forth in section three hundred forty-two of this title. The
15 notice shall indicate the specific instance or instances of willful
16 refusal or failure to comply without good cause with the requirements of
17 this title and the necessary actions that must be taken to avoid a pro-
18 rata reduction OR DISCONTINUANCE in public assistance benefits. The
19 notice shall indicate that the participant has [seven] TEN days to
20 request conciliation with the district regarding such failure or refusal
21 [in the case of a safety net participant and ten days in the case of a
22 family assistance participant]. PROVIDED, HOWEVER, THAT FOR A MEMBER OF
23 A HOUSEHOLD WITH DEPENDENT CHILDREN WHO DOES NOT REQUEST A CONCILIATION
24 CONFERENCE WITHIN THE TEN DAY PERIOD, THE LOCAL SOCIAL SERVICES DISTRICT
25 SHALL MAKE AN ADDITIONAL EFFORT TO CONTACT THE HOUSEHOLD, INCLUDING A
26 REASONABLE ATTEMPT FOR TELEPHONE CONTACT, TO OFFER CONCILIATION AND TO
27 INDICATE THAT THE PARTICIPANT HAS TEN DAYS TO REQUEST CONCILIATION. The
28 notice shall also include an explanation in plain language of what would
29 constitute good cause for non-compliance and examples of acceptable
30 forms of evidence that may warrant an exemption from work activities,
31 including evidence of domestic violence, and physical or mental health
32 limitations that may be provided at the conciliation conference to
33 demonstrate such good cause for failure to comply with the requirements
34 of this title. SUCH NOTICE SHALL ALSO INCLUDE INFORMATION TO EXPLAIN
35 THE BENEFITS OF COMPLIANCE, INCLUDING THE AVAILABILITY OF GUARANTEED
36 CHILD CARE BENEFITS. If the participant does not contact the district
37 within the specified number of days, the district shall issue ten days
38 notice of intent to discontinue or reduce assistance, pursuant to regu-
39 lations of the department. Such notice shall also include a statement of
40 the participant's right to a fair hearing relating to such discontin-
41 uance or reduction. If such participant contacts the district within
42 [seven days in the case of a safety net participant or within ten days
43 in the case of a family assistance participant] THE SPECIFIED NUMBER OF
44 DAYS, it will be the responsibility of the participant to give reasons
45 for such failure or refusal.
46 (b) Unless the district determines as a result of such conciliation
47 process that such failure or refusal was willful and was without good
48 cause, no further action shall be taken. If the district determines that
49 such failure or refusal was willful and without good cause, the district
50 shall notify such participant in writing, in plain language and in a
51 manner distinct from any previous notice, by issuing ten days notice of
52 its intent to discontinue or reduce assistance. Such notice shall
53 include the reasons for such determination, the specific instance or
54 instances of willful refusal or failure to comply without good cause
55 with the requirements of this title, the necessary actions that must be
56 taken to avoid a pro-rata reduction OR DISCONTINUANCE in public assist-
S. 5758--A 63
1 ance benefits, and the right to a fair hearing relating to such discon-
2 tinuance or reduction. Unless extended by mutual agreement of the
3 participant and the district, conciliation shall terminate and a deter-
4 mination shall be made within [fourteen] THIRTY days of the date a
5 request for conciliation is made [in the case of a safety net partic-
6 ipant or within thirty days of the conciliation notice in the case of a
7 family assistance participant].
8 S 57-A. Subdivision 5 of section 341 of the social services law is
9 REPEALED and subdivision 6 is renumbered subdivision 5.
10 S 57-B. Subdivisions 2 and 3 of section 342 of the social services
11 law, as added by section 148 of part B of chapter 436 of the laws of
12 1997, are amended to read as follows:
13 2. [In] NOTWITHSTANDING SUBDIVISION EIGHT OF SECTION ONE HUNDRED
14 FIFTY-THREE OF THIS ARTICLE, IN the case of an applicant for or recipi-
15 ent of public assistance [who is a parent or caretaker of a dependent
16 child], the public assistance benefits otherwise available to the house-
17 hold of which such individual is a member shall be [reduced pro-rata]:
18 (a) REDUCED PRO-RATA for the first instance of failure to comply with-
19 out good cause with the requirement of this article until the individual
20 is willing to comply;
21 (b) TERMINATED AND CASE CLOSED for the second instance of failure to
22 comply without good cause with the requirements of this article[, for a
23 period of three months and thereafter] until the individual is willing
24 to comply;
25 (c) TERMINATED AND CASE CLOSED for the third and all subsequent
26 instances of failure to comply without good cause with the requirements
27 of this article, for a period of six months [and thereafter] OR until
28 the individual is willing to comply, WHICHEVER PERIOD IS LONGER.
29 3. [In the case of an individual who is a member of a household with-
30 out dependent children applying for or in receipt of safety net assist-
31 ance the public assistance benefits otherwise available to the household
32 of which such individual is a member shall be reduced pro-rata:
33 (a) for the first such failure or refusal, until the failure or
34 refusal ceases or ninety days, which ever period of time is longer;
35 (b) for the second such failure or refusal, until the failure ceases
36 or for one hundred fifty days, whichever period of time is longer; and
37 (c) for the third and all subsequent such failures or refusals, until
38 the failure ceases or one hundred eighty days, whichever period of time
39 is longer.] WITH RESPECT TO THE SANCTIONS SET FORTH IN SUBDIVISION TWO
40 OF THIS SECTION, IF THE INDIVIDUAL COMPLIES WITH THE REQUIREMENT OF THIS
41 ARTICLE WITHIN THE SIX-MONTH MINIMUM SANCTION DURATIONS SET FORTH IN
42 PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION THE HOUSEHOLD SHALL
43 RECEIVE A PRO-RATA REDUCED GRANT FOR THE REMAINING MINIMUM PERIOD.
44 CONTINUED COMPLIANCE AFTER THE MINIMUM DURATION SHALL RESTORE THE GRANT
45 TO THE FULL AMOUNT.
46 S 57-C. The office of temporary and disability assistance, in consul-
47 tation with the office of children and family services, shall submit a
48 report to the chairperson of the senate finance committee, the chair-
49 person of the assembly ways and means committee, and the director of the
50 division of budget on the implementation of the full family sanction
51 policy. Such report shall include the number of sanctioned cases that
52 had their case closed due to the new sanction policy, the monthly bene-
53 fit of those sanctioned cases that had their cases closed and the number
54 of sanctioned cases involving case closure that subsequently were
55 reopened upon demonstrated willingness to comply with work requirements.
56 Such report shall also determine if there were child welfare referrals
S. 5758--A 64
1 made since October, 1, 2011 that were a function of the new sanction
2 policy. This report shall be submitted by December 31, 2012.
3 S 58. Section 20 of the social services law is amended by adding a new
4 subdivision 9 to read as follows:
5 9. TO THE EXTENT APPROPRIATIONS ARE AVAILABLE SPECIFICALLY THEREFOR,
6 THE DEPARTMENT SHALL PROVIDE ADMINISTRATIVE SUPPORT AND FINANCIAL INCEN-
7 TIVES TO ENCOURAGE COUNTIES AND LOCAL SOCIAL SERVICES DISTRICTS TO MERGE
8 LOCAL AGENCIES, DEVELOP INNOVATIVE PROGRAMS, OR PROVIDE CROSS-COUNTY
9 SERVICES.
10 S 59. Intentionally omitted.
11 S 60. Intentionally omitted.
12 S 61. Intentionally omitted.
13 S 62. Intentionally omitted.
14 S 63. Section 1604 of the education law is amended by adding a new
15 subdivision 21-b to read as follows:
16 21-B. A. THE TRUSTEES ARE AUTHORIZED TO PROVIDE REGIONAL TRANSPORTA-
17 TION SERVICES BY RENDERING SUCH SERVICES JOINTLY WITH OTHER SCHOOL
18 DISTRICTS OR BOARDS OF COOPERATIVE EDUCATIONAL SERVICES. SUCH SERVICES
19 MAY INCLUDE PUPIL TRANSPORTATION BETWEEN HOME AND SCHOOL, TRANSPORTATION
20 DURING THE DAY TO AND FROM SCHOOL AND A SPECIAL EDUCATION PROGRAM OR
21 SERVICE OR A PROGRAM AT A BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR
22 AN APPROVED SHARED PROGRAM AT ANOTHER SCHOOL DISTRICT, TRANSPORTATION
23 FOR FIELD TRIPS OR TO AND FROM EXTRACURRICULAR ACTIVITIES, AND COOPER-
24 ATIVE SCHOOL BUS MAINTENANCE.
25 B. THE TRUSTEES ARE AUTHORIZED TO ENTER INTO A CONTRACT WITH ANOTHER
26 SCHOOL DISTRICT, A COUNTY, MUNICIPALITY, OR THE STATE OFFICE OF CHILDREN
27 AND FAMILY SERVICES TO PROVIDE TRANSPORTATION FOR CHILDREN, INCLUDING
28 CONTRACTS TO PROVIDE SUCH TRANSPORTATION AS REGIONAL TRANSPORTATION
29 SERVICES, PROVIDED THAT THE CONTRACT COST IS APPROPRIATE. IN DETERMINING
30 THE APPROPRIATE TRANSPORTATION CONTRACT COST, THE TRANSPORTATION SERVICE
31 PROVIDER SCHOOL DISTRICT SHALL USE A CALCULATION CONSISTENT WITH REGU-
32 LATIONS ADOPTED BY THE COMMISSIONER FOR THE PURPOSE OF ASSURING THAT
33 CHARGES REFLECT THE TRUE COSTS THAT WOULD BE INCURRED BY A PRUDENT
34 PERSON IN THE CONDUCT OF A COMPETITIVE TRANSPORTATION BUSINESS.
35 S 64. Paragraphs g and h of subdivision 25 of section 1709 of the
36 education law, paragraph g as added by chapter 367 of the laws of 1979
37 and paragraph h as added by chapter 700 of the laws of 1993, are amended
38 to read as follows:
39 g. The board of education is authorized to provide regional transpor-
40 tation services by rendering such services jointly with other school
41 districts or boards of cooperative educational services. Such services
42 may include pupil transportation between home and school, TRANSPORTATION
43 DURING THE DAY TO AND FROM SCHOOL AND A SPECIAL EDUCATION PROGRAM OR
44 SERVICE OR A PROGRAM AT A BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR
45 AN APPROVED SHARED PROGRAM AT ANOTHER SCHOOL DISTRICT, TRANSPORTATION
46 FOR FIELD TRIPS OR TO AND FROM EXTRACURRICULAR ACTIVITIES, and cooper-
47 ative school bus maintenance.
48 h. (I) The board of education is authorized to enter into a contract
49 with another school district, a county, municipality, or the state
50 [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES to provide
51 transportation for children, INCLUDING CONTRACTS TO PROVIDE SUCH TRANS-
52 PORTATION AS REGIONAL TRANSPORTATION SERVICES, provided that the
53 contract cost is appropriate. In determining the appropriate transporta-
54 tion contract cost, the transportation service provider school district
55 shall use a calculation consistent with regulations adopted by the
56 commissioner for the purpose of assuring that charges reflect the true
S. 5758--A 65
1 costs that would be incurred by a prudent person in the conduct of a
2 competitive transportation business.
3 (II) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOURTEEN OF SECTION
4 THREE HUNDRED FIVE OF THIS CHAPTER, SECTION ONE HUNDRED THREE OF THE
5 GENERAL MUNICIPAL LAW, OR ANY OTHER PROVISION OF LAW TO THE CONTRARY,
6 THE BOARD OF EDUCATION SHALL BE AUTHORIZED TO ENTER INTO A SHARED TRANS-
7 PORTATION SERVICES CONTRACT WITH ANOTHER SCHOOL DISTRICT THAT TRANSPORTS
8 STUDENTS PURSUANT TO A CONTRACT WITH A PRIVATE TRANSPORTATION CONTRAC-
9 TOR, PROVIDED THAT THE BOARD FINDS THAT THE CONTRACT COST IS APPROPRIATE
10 AND ENTRY INTO A SHARED TRANSPORTATION SERVICES CONTRACT WILL RESULT IN
11 A COST SAVINGS TO THE SCHOOL DISTRICT. FOR PURPOSES OF THIS PARAGRAPH, A
12 "SHARED TRANSPORTATION SERVICES CONTRACT" MEANS A CONTRACT FOR THE
13 TRANSPORTATION OF STUDENTS THAT: (1) PROVIDES TRANSPORTATION TO A
14 LOCATION OUTSIDE THE STUDENTS' SCHOOL DISTRICT OF RESIDENCE TO WHICH
15 ANOTHER SCHOOL DISTRICT IS ALREADY PROVIDING TRANSPORTATION TO ITS OWN
16 STUDENTS THROUGH AN EXISTING CONTRACT WITH A PRIVATE TRANSPORTATION
17 CONTRACTOR, OTHER THAN A COOPERATIVELY BID CONTRACT; (2) IS ENTERED INTO
18 BY THE PRIVATE TRANSPORTATION CONTRACTOR AND EACH SCHOOL DISTRICT
19 INVOLVED; AND (3) PROVIDES FOR TRANSPORTATION IN ACCORDANCE WITH THE
20 TERMS AND CONDITIONS OF SUCH EXISTING TRANSPORTATION CONTRACT.
21 S 65. Section 305 of the education law is amended by adding a new
22 subdivision 42 to read as follows:
23 42. THE COMMISSIONER SHALL IMPLEMENT REGULATIONS DIRECTING SCHOOL
24 DISTRICTS TO EVALUATE STUDENTS WHO HAVE INDIVIDUALIZED EDUCATION
25 PROGRAMS AND WHO ALSO REQUIRE ACADEMIC INTERVENTION SERVICES, TO DETER-
26 MINE WHICH SERVICES, IF ANY, ARE BEING REPEATED BY BOTH THE PROGRAM AND
27 THE SERVICES. THE COMMISSIONER SHALL PROVIDE THAT IF A SCHOOL DISTRICT
28 DETERMINES THAT AN INDIVIDUALIZED EDUCATION PROGRAM AND THE ACADEMIC
29 INTERVENTION SERVICES REQUIRE THE SAME TASK OR SERVICE, THE SCHOOL
30 DISTRICT SHALL NOT BE REQUIRED TO IMPLEMENT SUCH TASK OR PROVIDE SUCH
31 SERVICE MORE THAN ONCE TO THE STUDENT.
32 S 66. Section 3635 of the education law is amended by adding a new
33 subdivision 8 to read as follows:
34 8. A BOARD OF EDUCATION MAY, AT ITS DISCRETION, PROVIDE STUDENT
35 TRANSPORTATION BASED UPON PATTERNS OF ACTUAL RIDERSHIP. THE ACTUAL
36 RIDERSHIP SHALL BE BASED UPON THE HISTORY AND EXPERIENCE THAT YIELDS A
37 CONSISTENT PATTERN OF ELIGIBLE PUPILS NOT USING DISTRICT TRANSPORTATION;
38 OR MODELING OF FUTURE RIDERSHIP; OR THE SHARING OF TRANSPORTATION
39 REGIONALLY; OR OTHER CRITERIA DETERMINED BY THE SCHOOL DISTRICT THAT
40 ENSURES THAT ALL STUDENTS IN NEED OF TRANSPORTATION RECEIVE IT. NOTHING
41 IN THIS SECTION SHALL REDUCE OR RELIEVE SCHOOL DISTRICTS FROM THE
42 RESPONSIBILITY OF PROVIDING TRANSPORTATION TO STUDENTS OTHERWISE ELIGI-
43 BLE AND ACTUALLY IN NEED OF SUCH TRANSPORTATION. ANY SCHOOL DISTRICT
44 THAT, AT ITS DISCRETION, HAS ELECTED TO PROVIDE STUDENT TRANSPORTATION
45 BASED UPON PATTERNS OF ACTUAL RIDERSHIP SHALL PLACE SUCH PLANS ON THE
46 SCHOOL DISTRICT'S WEBSITE ON OR BEFORE AUGUST FIFTEENTH OF THE SCHOOL
47 YEAR IN WHICH THE TRANSPORTATION PLAN WILL BE IMPLEMENTED.
48 S 67. Intentionally omitted.
49 S 68. Intentionally omitted.
50 S 69. Intentionally omitted.
51 S 70. Paragraph (a) of subdivision 2 of section 376-a of the executive
52 law, as added by section 29 of part B of chapter 56 of the laws of 2010,
53 is amended to read as follows:
54 (a) (I) The approval, or revocation thereof, of code enforcement
55 training programs for code enforcement personnel;
S. 5758--A 66
1 (II) IN ORDER TO MODERNIZE CODE ENFORCEMENT TRAINING PROGRAMS THE
2 SECRETARY OF STATE SHALL PROMULGATE NEW RULES AND REGULATIONS TO TAKE
3 EFFECT ON JANUARY FIRST, TWO THOUSAND THIRTEEN IN ORDER TO ALLOW FOR THE
4 FOLLOWING CHANGES TO THE EXISTING DEPARTMENT OF STATE RULES AND REGU-
5 LATIONS CODE ENFORCEMENT TRAINING PROGRAMS: EXTENDING THE TIMEFRAME FOR
6 BASIC TRAINING FOR BOTH FULL AND PART TIME CODE ENFORCEMENT PERSONNEL,
7 ALLOW COURSE WAIVERS FOR CODE ENFORCEMENT PERSONNEL THAT HAVE PROFES-
8 SIONAL LICENSES OR EDUCATIONAL DEGREES THE SECRETARY OF STATE DEEMS
9 APPROPRIATE AND COURSE WAIVERS FOR OTHER THAN THESE PROFESSIONALS AFTER
10 SUCCESSFUL COMPLETION OF AN EXAM, REDUCING THE BASIC TRAINING PROGRAM TO
11 FIVE, TWENTY-ONE HOUR COURSES FOR FULL CERTIFICATION AS CODE ENFORCEMENT
12 OFFICIALS, CREATING A LOWER LEVEL OF CERTIFICATION FOR RURAL MUNICI-
13 PALITIES THAT HAVE THE MAJORITY OF LOW-RISE RESIDENTIAL CONSTRUCTION AND
14 EXISTING BUILDINGS, ALLOWING HALF OF THE REQUIRED IN-SERVICE TRAINING
15 HOURS TO BE THROUGH ON-LINE TRAINING PROGRAMS AFTER CODE ENFORCEMENT
16 PERSONNEL HAVE BEEN CERTIFIED, OFFERING IN-SERVICE ON-LINE COURSES BY
17 THE DEPARTMENT OF STATE AT NO CHARGE TO CODE ENFORCEMENT PERSONNEL.
18 S 71. Subsection (g) of section 3231 of the insurance law, as added by
19 chapter 501 of the laws of 1992, is amended to read as follows:
20 (g) This section shall also apply to policies issued to a group
21 defined in subsection (c) of section four thousand two hundred thirty-
22 five OF THIS CHAPTER, including but not limited to an association or
23 trust of employers, if the group includes one or more member employers
24 or other member groups which have fifty or fewer employees or members
25 exclusive of spouses and dependents, PROVIDED HOWEVER THAT THIS SECTION
26 SHALL NOT APPLY TO POLICIES ISSUED TO A GROUP DEFINED IN SUBPARAGRAPH
27 (D) OF PARAGRAPH ONE OF SUBSECTION (C) OF SECTION FOUR THOUSAND TWO
28 HUNDRED THIRTY-FIVE OF THIS CHAPTER, IF THE GROUP INCLUDES ONE OR MORE
29 MEMBER EMPLOYERS THAT ARE MUNICIPAL CORPORATIONS OR PUBLIC BENEFIT
30 CORPORATIONS THAT HAVE FIFTY OR FEWER EMPLOYEES EXCLUSIVE OF SPOUSES AND
31 DEPENDENTS.
32 S 72. Paragraph 1 of subsection (d) of section 4317 of the insurance
33 law, as amended by section 2 of part A of chapter 494 of the laws of
34 2009, is amended to read as follows:
35 (1) This section shall also apply to contracts issued to a group
36 defined in subsection (c) of section four thousand two hundred thirty-
37 five of this chapter, including but not limited to an association or
38 trust of employers, if the group includes one or more member employers
39 or other member groups which have fifty or fewer employees or members
40 exclusive of spouses and dependents, PROVIDED HOWEVER THAT THIS SECTION
41 SHALL NOT APPLY TO POLICIES ISSUED TO A GROUP DEFINED IN SUBPARAGRAPH
42 (D) OF PARAGRAPH ONE OF SUBSECTION (C) OF SECTION FOUR THOUSAND TWO
43 HUNDRED THIRTY-FIVE OF THIS CHAPTER, IF THE GROUP INCLUDES ONE OR MORE
44 MEMBER EMPLOYERS THAT ARE MUNICIPAL CORPORATIONS OR PUBLIC BENEFIT
45 CORPORATIONS THAT HAVE FIFTY OR FEWER EMPLOYEES EXCLUSIVE OF SPOUSES AND
46 DEPENDENTS.
47 S 73. Subdivision 1 of section 103 of the general municipal law, as
48 amended by section 1 of part FF of chapter 56 of the laws of 2010, is
49 amended to read as follows:
50 1. Except as otherwise expressly provided by an act of the legislature
51 or by a local law adopted prior to September first, nineteen hundred
52 fifty-three, all contracts for public work involving an expenditure of
53 more than [thirty-five] ONE HUNDRED thousand dollars and all purchase
54 contracts involving an expenditure of more than [twenty] FIFTY thousand
55 dollars, shall be awarded by the appropriate officer, board or agency of
56 a political subdivision or of any district therein including but not
S. 5758--A 67
1 limited to a soil conservation district, to the lowest responsible
2 bidder furnishing the required security after advertisement for sealed
3 bids in the manner provided by this section. In any case where a respon-
4 sible bidder's gross price is reducible by an allowance for the value of
5 used machinery, equipment, apparatus or tools to be traded in by a poli-
6 tical subdivision, the gross price shall be reduced by the amount of
7 such allowance, for the purpose of determining the low bid. In cases
8 where two or more responsible bidders furnishing the required security
9 submit identical bids as to price, such officer, board or agency may
10 award the contract to any of such bidders. Such officer, board or agency
11 may, in his or her or its discretion, reject all bids and readvertise
12 for new bids in the manner provided by this section. In determining
13 whether a purchase is an expenditure within the discretionary threshold
14 amounts established by this subdivision, the officer, board or agency of
15 a political subdivision or of any district therein shall consider the
16 reasonably expected aggregate amount of all purchases of the same
17 commodities, services or technology to be made within the twelve-month
18 period commencing on the date of purchase. Purchases of commodities,
19 services or technology shall not be artificially divided for the purpose
20 of satisfying the discretionary buying thresholds established by this
21 subdivision. A change to or a renewal of a discretionary purchase shall
22 not be permitted if the change or renewal would bring the reasonably
23 expected aggregate amount of all purchases of the same commodities,
24 services or technology from the same provider within the twelve-month
25 period commencing on the date of the first purchase to an amount greater
26 than the discretionary buying threshold amount. For purposes of this
27 section, "sealed bids", as that term applies to purchase contracts,
28 shall include bids submitted in an electronic format including
29 submission of the statement of non-collusion required by section one
30 hundred three-d of this article, provided that the governing board of
31 the political subdivision or district, by resolution, has authorized the
32 receipt of bids in such format. Submission in electronic format may,
33 [for technology contracts only,] be required as the sole method for the
34 submission of bids. Bids submitted in an electronic format shall be
35 transmitted by bidders to the receiving device designated by the poli-
36 tical subdivision or district. Any method used to receive electronic
37 bids shall comply with article three of the state technology law, and
38 any rules and regulations promulgated and guidelines developed there-
39 under and, at a minimum, must (a) document the time and date of receipt
40 of each bid received electronically; (b) authenticate the identity of
41 the sender; (c) ensure the security of the information transmitted; and
42 (d) ensure the confidentiality of the bid until the time and date estab-
43 lished for the opening of bids. The timely submission of an electronic
44 bid in compliance with instructions provided for such submission in the
45 advertisement for bids and/or the specifications shall be the responsi-
46 bility solely of each bidder or prospective bidder. No political subdi-
47 vision or district therein shall incur any liability from delays of or
48 interruptions in the receiving device designated for the submission and
49 receipt of electronic bids.
50 S 74. Subdivision 1 of section 103 of the general municipal law, as
51 amended by section 2 of part FF of chapter 56 of the laws of 2010, is
52 amended as follows:
53 1. Except as otherwise expressly provided by an act of the legislature
54 or by a local law adopted prior to September first, nineteen hundred
55 fifty-three, all contracts for public work involving an expenditure of
56 more than [thirty-five] ONE HUNDRED thousand dollars and all purchase
S. 5758--A 68
1 contracts involving an expenditure of more than [twenty] FIFTY thousand
2 dollars, shall be awarded by the appropriate officer, board or agency of
3 a political subdivision or of any district therein including but not
4 limited to a soil conservation district, to the lowest responsible
5 bidder furnishing the required security after advertisement for sealed
6 bids in the manner provided by this section. In determining whether a
7 purchase is an expenditure within the discretionary threshold amounts
8 established by this subdivision, the officer, board or agency of a poli-
9 tical subdivision or of any district therein shall consider the reason-
10 ably expected aggregate amount of all purchases of the same commodities,
11 services or technology to be made within the twelve-month period
12 commencing on the date of purchase. Purchases of commodities, services
13 or technology shall not be artificially divided for the purpose of
14 satisfying the discretionary buying thresholds established by this
15 subdivision. A change to or a renewal of a discretionary purchase shall
16 not be permitted if the change or renewal would bring the reasonably
17 expected aggregate amount of all purchases of the same commodities,
18 services or technology from the same provider within the twelve-month
19 period commencing on the date of the first purchase to an amount greater
20 than the discretionary buying threshold amount. In any case where a
21 responsible bidder's gross price is reducible by an allowance for the
22 value of used machinery, equipment, apparatus or tools to be traded in
23 by a political subdivision, the gross price shall be reduced by the
24 amount of such allowance, for the purpose of determining the low bid. In
25 cases where two or more responsible bidders furnishing the required
26 security submit identical bids as to price, such officer, board or agen-
27 cy may award the contract to any of such bidders. Such officer, board or
28 agency may, in his, her or its discretion, reject all bids and readver-
29 tise for new bids in the manner provided by this section.
30 S 75. Intentionally omitted.
31 S 76. The highway law is amended by adding a new section 11-a to read
32 as follows:
33 S 11-A. SERVICES AND REIMBURSEMENT. 1. NOTWITHSTANDING ANY INCONSIST-
34 ENT PROVISION OF LAW, GENERAL, SPECIAL OR LOCAL, THE DEPARTMENT, AT THE
35 REQUEST OF A MUNICIPALITY OR PUBLIC AUTHORITY, IS AUTHORIZED TO PROVIDE
36 SERVICES, MATERIALS, EQUIPMENT, PERSONNEL AND OTHER ASSISTANCE TO SUCH
37 MUNICIPALITY OR PUBLIC AUTHORITY. THE DEPARTMENT SHALL KEEP AN ACCOUNT-
38 ING OF ALL COSTS INCURRED IN PROVIDING ASSISTANCE PURSUANT TO THIS
39 SUBDIVISION AND SHALL BE FULLY REIMBURSED BY THE MUNICIPALITY OR PUBLIC
40 AUTHORITY REQUESTING ASSISTANCE. REIMBURSEMENT PURSUANT TO THIS SUBDI-
41 VISION SHALL BE IN THE FORM OF SERVICES, MATERIALS, MONEYS, OFFSETS OF
42 MONEYS DUE BY THE STATE TO SUCH MUNICIPALITY OR PUBLIC AUTHORITY, OR
43 SUCH OTHER CONSIDERATION AS DEEMED APPROPRIATE BY THE DEPARTMENT.
44 2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, GENERAL, SPECIAL
45 OR LOCAL, A MUNICIPALITY OR PUBLIC AUTHORITY, AT THE REQUEST OF THE
46 DEPARTMENT, IS AUTHORIZED TO PROVIDE SERVICES, MATERIALS, EQUIPMENT,
47 PERSONNEL AND OTHER ASSISTANCE TO THE DEPARTMENT TO ASSIST THE DEPART-
48 MENT. THE MUNICIPALITY OR PUBLIC AUTHORITY SHALL KEEP AN ACCOUNTING OF
49 ALL COSTS INCURRED IN PROVIDING SUCH ASSISTANCE PURSUANT TO THIS SUBDI-
50 VISION AND SHALL BE FULLY REIMBURSED BY THE STATE FOR ASSISTANCE
51 RENDERED TO THE DEPARTMENT AT THE DEPARTMENT'S REQUEST. REIMBURSEMENT
52 PURSUANT TO THIS SUBDIVISION SHALL BE IN THE FORM OF SERVICES, MATERI-
53 ALS, MONEYS, OFFSETS OF MONEYS DUE BY THE MUNICIPALITY OR PUBLIC AUTHOR-
54 ITY TO THE DEPARTMENT, OR SUCH OTHER CONSIDERATION AS DEEMED APPROPRIATE
55 BY THE MUNICIPALITY OR PUBLIC AUTHORITY.
S. 5758--A 69
1 S 77. Paragraphs a and d of subdivision 5 of section 220 of the labor
2 law, paragraph a as amended and paragraph d as added by chapter 447 of
3 the laws of 1983, are amended to read as follows:
4 a. The "prevailing rate of wage," for the intents and purposes of this
5 article, shall be [the rate of wage paid in the locality, as hereinafter
6 defined, by virtue of collective bargaining agreements between bona fide
7 labor organizations and employers of the private sector, performing
8 public or private work provided that said employers employ at least
9 thirty per centum of workers, laborers or mechanics in the same trade or
10 occupation in the locality where the work is being performed. The
11 prevailing rate of wage shall be annually determined in accordance here-
12 with by the fiscal officer no later than thirty days prior to July first
13 of each year, and the prevailing rate of wage for the period commencing
14 July first of such year through June thirtieth, inclusive, of the
15 following year shall be the rate of wage set forth in such collective
16 bargaining agreements for the period commencing July first through June
17 thirtieth, including those increases for such period which are directly
18 ascertainable from such collective bargaining agreements by the fiscal
19 officer in his annual determination. In the event that it is determined
20 after a contest, as provided in subdivision six of this section, that
21 less than thirty percent of the workers, laborers or mechanics in a
22 particular trade or occupation in the locality where the work is being
23 performed receive a collectively bargained rate of wage, then] the aver-
24 age wage paid to such workers, laborers or mechanics in the same trade
25 or occupation in the locality for the twelve-month period preceding the
26 fiscal officer's annual determination [shall be the prevailing rate of
27 wage]. Laborers, workers or mechanics for whom a prevailing rate of
28 wage is to be determined shall not be considered in determining such
29 prevailing wage. THE FISCAL OFFICER SHALL MAKE AN ANNUAL DETERMINATION
30 OF THE PREVAILING WAGE, AND SHALL BE EMPOWERED TO CAUSE AN INVESTIGATION
31 TO BE MADE TO DETERMINE THE WAGES PREVAILING IN ANY LOCALITY IN ALL
32 CRAFTS, TRADES AND OCCUPATIONS INVOLVED IN WORK TO BE PERFORMED; IN
33 MAKING SUCH INVESTIGATION, THE FISCAL OFFICER SHALL UTILIZE WAGE AND
34 FRINGE BENEFIT DATA FROM VARIOUS SOURCES INCLUDING, BUT NOT LIMITED TO,
35 DATA AND DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGEN-
36 CIES, INCLUSIVE OF DATA ENCOMPASSING BOTH EMPLOYERS WHOSE EMPLOYEES ARE
37 SUBJECT TO COLLECTIVE BARGAINING AGREEMENTS AS WELL AS EMPLOYERS NOT SO
38 SUBJECT, AND TO ESTABLISH SUCH RATES IN SUCH A FASHION AS TO GATHER AN
39 ACCURATE AND FAIR MEASURE OF THOSE WAGE RATES.
40 d. "Locality" means [such areas of the state described and defined for
41 a trade or occupation in the current collective bargaining agreements
42 between bona fide labor organizations and employers of the private
43 sector, performing public and private work] THE COUNTY OR, IN THE EVENT
44 THAT A PROJECT CROSSES THE BOUNDARIES OF TWO COUNTIES, THE AVERAGE OF
45 THE PREVAILING WAGE OF THOSE TWO COUNTIES AS DEFINED BY THE FISCAL OFFI-
46 CER. IN THE CASE OF A CITY WITH A POPULATION OF ONE MILLION OR MORE, ALL
47 COUNTIES COMPRISING SUCH A CITY SHALL BE CONSIDERED A SINGLE LOCALITY
48 FOR PURPOSES OF THIS SECTION.
49 S 78. Subdivision 7 of section 230 of the labor law, as added by chap-
50 ter 777 of the laws of 1971, is amended to read as follows:
51 7. "Locality" means [the state, a town, city, village or other civil
52 division or area of the state as determined by the fiscal officer. The
53 fiscal officer may fix a different geographic area in determining the
54 locality for the prevailing basic hourly cash rate of pay and the local-
55 ity for prevailing supplements] THE COUNTY WHERE SUCH BUILDING SERVICES
56 ARE PERFORMED. IN THE CASE OF A CITY WITH A POPULATION OF ONE MILLION OR
S. 5758--A 70
1 MORE, ALL COUNTIES COMPRISING SUCH A CITY SHALL BE CONSIDERED A SINGLE
2 LOCALITY FOR PURPOSES OF THIS SECTION.
3 S 79. Paragraph (a) of subdivision 1 of section 234 of the labor law,
4 as added by chapter 777 of the laws of 1971, is amended to read as
5 follows:
6 (a) to cause an investigation to be made to determine the wages
7 prevailing in any locality in all crafts, trades and occupations
8 involved in service work; in making such investigation, the fiscal offi-
9 cer may utilize wage and fringe benefit data from various sources
10 including, but not limited to, data and determinations of federal, state
11 or other governmental agencies, INCLUSIVE OF DATA ENCOMPASSING BOTH
12 EMPLOYERS WHOSE EMPLOYEES ARE SUBJECT TO COLLECTIVE BARGAINING AGREE-
13 MENTS AS WELL AS EMPLOYERS NOT SO SUBJECT, AND TO ESTABLISH SUCH RATES
14 IN SUCH A FASHION AS TO GATHER AN ACCURATE AND FAIR MEASURE OF THOSE
15 WAGE RATES;
16 S 80. The general municipal law is amended by adding a new section 25
17 to read as follows:
18 S 25. CONSIDERATION OF REAL PROPERTY TAX LEVY IMPACTS OF A PUBLIC
19 EMPLOYEE CONTRACT. 1. PRIOR TO ITS PRESENTMENT TO THE GOVERNING BODY OF
20 A MUNICIPAL CORPORATION, THE PUBLIC OFFICER OF THE MUNICIPAL CORPORATION
21 WHO IS LEGALLY RESPONSIBLE FOR SIGNING A COLLECTIVE BARGAINING AGREEMENT
22 WHICH CONTAINS ANY INCREASE IN WAGES OR BENEFITS FOR PUBLIC EMPLOYEES,
23 SHALL FIRST CONSIDER WHETHER SIGNING SUCH CONTRACT WOULD RESULT IN ANY
24 INCREASE TO THE MUNICIPAL CORPORATION'S REAL PROPERTY TAX LEVY. IN THE
25 EVENT THAT SUCH PUBLIC OFFICER ELECTS TO SIGN SUCH COLLECTIVE BARGAINING
26 AGREEMENT, HE OR SHE SHALL, PRIOR TO THE PRESENTMENT OF SUCH AGREEMENT
27 FOR APPROVAL BY THE GOVERNING BODY OF THE MUNICIPAL CORPORATION, INFORM
28 SUCH GOVERNING BODY OF THE AMOUNT OF THE PROJECTED INCREASE IN THE REAL
29 PROPERTY TAX LEVY THAT SUCH COLLECTIVE BARGAINING AGREEMENT WOULD HAVE.
30 2. PRIOR TO TAKING ANY VOTE TO APPROVE ANY COLLECTIVE BARGAINING
31 AGREEMENT WHICH CONTAINS ANY INCREASE IN WAGES OR BENEFITS FOR PUBLIC
32 EMPLOYEES, THE GOVERNING BODY OF A MUNICIPAL CORPORATION SHALL FIRST
33 CONSIDER WHETHER APPROVING SUCH CONTRACT WOULD RESULT IN ANY INCREASE TO
34 THE MUNICIPAL CORPORATION'S REAL PROPERTY TAX LEVY. IN THE EVENT THAT
35 SUCH GOVERNING BODY ELECTS TO APPROVE SUCH COLLECTIVE BARGAINING AGREE-
36 MENT, THEY SHALL CAUSE TO HAVE POSTED ON THE OFFICIAL WEBSITE OF SUCH
37 MUNICIPAL CORPORATION, IF THE MUNICIPAL CORPORATION MAINTAINS ONE, A
38 PUBLIC NOTICE FOR NOT LESS THAN THIRTY DAYS, DETAILING THE TERMS OF THE
39 COLLECTIVE BARGAINING AGREEMENT SO APPROVED, THE INCREASES IN WAGES AND
40 BENEFITS, THE TOTAL AMOUNT OF THE INCREASED EXPENDITURES THE MUNICIPAL
41 CORPORATION WILL HAVE TO MAKE OVER THE TERM OF THE AGREEMENT, AND THE
42 PROJECTED AMOUNT OF THE REAL PROPERTY TAX LEVY INCREASE.
43 S 81. Paragraph (c) of subdivision 4 of section 209 of the civil
44 service law, as amended by chapter 216 of the laws of 1977, subparagraph
45 (iii) as amended by chapter 442 of the laws of 1995 and subparagraph
46 (vi) as amended by chapter 113 of the laws of 2006, is amended to read
47 as follows:
48 (c) (i) upon petition of either party, the board shall refer the
49 dispute to a public arbitration panel as hereinafter provided;
50 (ii) the public arbitration panel BE CONSIDERED A PUBLIC BODY FOR
51 PURPOSES OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW AND shall consist
52 of one member appointed by the public employer, one member appointed by
53 the employee organization and one public member appointed jointly by the
54 public employer and employee organization who shall be selected within
55 ten days after receipt by the board of a petition for creation of the
56 arbitration panel. If either party fails to designate its member to the
S. 5758--A 71
1 public arbitration panel, the board shall promptly, upon receipt of a
2 request by either party, designate a member associated in interest with
3 the public employer or employee organization he is to represent. Each of
4 the respective parties is to bear the cost of its member appointed or
5 designated to the arbitration panel and each of the respective parties
6 is to share equally the cost of the public member. If, within seven days
7 after the mailing date, the parties are unable to agree upon the one
8 public member, the board shall submit to the parties a list of quali-
9 fied, disinterested persons for the selection of the public member.
10 Each party shall alternately strike from the list one of the names with
11 the order of striking determined by lot, until the remaining one person
12 shall be designated as public member. This process shall be completed
13 within five days of receipt of this list. The parties shall notify the
14 board of the designated public member. The public member shall be chosen
15 as chairman;
16 (iii) the public arbitration panel shall hold PUBLIC hearings on all
17 matters related to the dispute. The parties may be heard either in
18 person, by counsel, or by other representatives, as they may respective-
19 ly designate. The panel may grant more than one adjournment each for
20 each party; provided, however, that a second request of either party and
21 any subsequent adjournments may be granted on request of either party,
22 provided that the party which requests the adjournment shall pay the
23 arbitrator's fee. The parties may present, either orally or in writing,
24 or both, statements of fact, supporting witnesses and other evidence,
25 and argument of their respective positions with respect to each case.
26 The panel shall have authority to require the production of such addi-
27 tional evidence, either oral or written as it may desire from the
28 parties and shall provide at the request of either party that a full and
29 complete record be kept of any such hearings, the cost of such record to
30 be shared equally by the parties;
31 (iv) all matters presented to the public arbitration panel for its
32 determination shall be decided by a majority vote of the members of the
33 panel. The panel, prior to a vote on any issue in dispute before it,
34 shall, upon the joint request of its two members representing the public
35 employer and the employee organization respectively, refer the issues
36 back to the parties for further negotiations;
37 (v) the public arbitration panel shall make a just and reasonable
38 determination of the matters in dispute. In arriving at such determi-
39 nation, the panel shall CONSIDER, ABOVE ALL OTHER FACTORS, THE FINANCIAL
40 ABILITY OF THE PUBLIC EMPLOYER TO PAY. THE PUBLIC EMPLOYER'S ABILITY TO
41 PAY SHALL BE DEFINED AS EXISTING FISCAL CAPACITY WITHOUT RESORT TO
42 EITHER NEW OR INCREASED TAXATION INCLUDING, BUT NOT LIMITED TO, THE
43 LEVEL OF TAXATION IN THE POLITICAL SUBDIVISION COMPARED TO SIMILAR POLI-
44 TICAL SUBDIVISIONS IN OTHER AREAS OF THE STATE, THE TAX BASE, ANY
45 EVIDENCE OF ECONOMIC DECLINE AND ANY OTHER APPLICABLE MEASURES OF FISCAL
46 DISTRESS, OR EXTRAORDINARY REDUCTIONS IN OTHER GOVERNMENTAL EXPENDI-
47 TURES. THE ARBITRATION PANEL SHALL ALSO CONSIDER THE COMPETING FINANCIAL
48 OBLIGATIONS OF THE PUBLIC EMPLOYER WHICH MAY BE AFFECTED BY SUCH DETER-
49 MINATION AND SPECIFICALLY THE IMPACT OF ANY SUCH DETERMINATION ON THE
50 EXISTING LEVEL OF MUNICIPAL SERVICES AND ON ONGOING NEGOTIATIONS OR
51 SUCCESSOR NEGOTIATIONS WITH EMPLOYEE ORGANIZATIONS REPRESENTING OTHER
52 EMPLOYEES OF THE PUBLIC EMPLOYER. THE ARBITRATION PANEL SHALL SPECIFY
53 ITS RATIONALE IN THE DETERMINATION, INCLUDING THE CONSIDERATION OF SUCH
54 ABILITY OF THE PUBLIC EMPLOYER TO PAY WITHOUT RESORTING TO NEW OR
55 INCREASED TAXATION. THE PANEL SHALL specify the basis for its findings,
S. 5758--A 72
1 taking into SECONDARY consideration, in addition to any other relevant
2 factors, the following:
3 a. comparison of the wages, hours and conditions of employment of the
4 employees involved in the arbitration proceeding with the wages, hours,
5 and conditions of employment of other employees performing similar
6 services or requiring similar skills under similar working conditions
7 and with other employees generally in public and private employment in
8 comparable communities.
9 b. the GENERAL interests and welfare of the public [and the financial
10 ability of the public employer to pay];
11 c. comparison of peculiarities in regard to other trades or
12 professions, including specifically, (1) hazards of employment; (2)
13 physical qualifications; (3) educational qualifications; (4) mental
14 qualifications; (5) job training and skills; AND
15 d. the terms of collective agreements negotiated between the parties
16 in the past providing for compensation and fringe benefits, including,
17 but not limited to, the provisions for salary, insurance and retirement
18 benefits, medical and hospitalization benefits, paid time off and job
19 security.
20 (vi) the determination of the public arbitration panel shall, WHEN
21 EFFECTING A LOCAL GOVERNMENT, BE PRESENTED AT A REGULAR OR SPECIAL MEET-
22 ING OF THE LOCAL LEGISLATIVE BODY FOR SUCH GOVERNMENT, AND SHALL be
23 final and binding upon the parties for the period prescribed by the
24 panel, but in no event shall such period exceed two years from the
25 termination date of any previous collective bargaining agreement or if
26 there is no previous collective bargaining agreement then for a period
27 not to exceed two years from the date of determination by the panel.
28 Such determination shall not be subject to the approval of any local
29 legislative body or other municipal authority. Notwithstanding the
30 provisions of this subparagraph to the contrary, where the parties to
31 [a] THE public arbitration are those [anticipated by the provisions of
32 paragraphs (e) and (f) of this subdivision the state and such parties
33 may agree to confer authority to the public arbitration panel] WHICH
34 BECAME SUBJECT TO THIS SUBDIVISION BY VIRTUE OF CHAPTER SIX HUNDRED
35 FORTY-ONE OF THE LAWS OF NINETEEN HUNDRED NINETY-EIGHT, THE PUBLIC ARBI-
36 TRATION PANEL SHALL HAVE THE AUTHORITY to issue a final and binding
37 determination for a period up to and including four years. ADDI-
38 TIONALLY, UPON THE ISSUANCE OF SUCH FINAL DETERMINATION BY A PUBLIC
39 ARBITRATION PANEL, NEITHER PARTY SHALL ELECT TO USE A PUBLIC ARBITRATION
40 PANEL FOR PURPOSES OF DISPUTE RESOLUTION UNTIL THE NEXT TWO SUCCEEDING
41 COLLECTIVE BARGAINING AGREEMENTS HAVE EXPIRED.
42 (vii) the determination of the public arbitration panel shall be
43 subject to review by a court of competent jurisdiction in the manner
44 prescribed by law.
45 S 82. Intentionally omitted.
46 S 83. Intentionally omitted.
47 S 84. Severability. If any clause, sentence, paragraph, section or
48 part of this act shall be adjudged by any court of competent jurisdic-
49 tion to be invalid and after exhaustion of all further judicial review,
50 the judgment shall not affect, impair or invalidate the remainder there-
51 of, but shall be confined in its operation to the clause, sentence,
52 paragraph, section or part of this act directly involved in the contro-
53 versy in which the judgment shall have been rendered.
54 S 85. This act shall take effect immediately; provided:
55 1. sections one and fifteen of this act shall be deemed to have been
56 in full force and effect on and after April 1, 2011 and shall apply to
S. 5758--A 73
1 any general or special law imposing mandates on municipal corporations
2 or school districts enacted on or after such effective date; and the
3 commissioner of education shall adopt any regulations needed to imple-
4 ment the provisions of sections one, fifteen, seventeen, eighteen, thir-
5 ty-six, sixty-three, sixty-four and sixty-five of this act on or before
6 July 1, 2012;
7 2. the amendments to subdivision 1 of section 103 of the general
8 municipal law made by section seventy-three of this act shall not affect
9 the expiration of such subdivision and shall be deemed to expire there-
10 with, when upon such date the provisions of section seventy-four of this
11 act shall take effect;
12 3. sections twelve, twelve-a, twelve-b, twenty through twenty-six of
13 this act shall take effect on the ninetieth day after it shall have
14 become a law;
15 4. section thirteen of this act shall expire and be deemed repealed 5
16 years after such section takes effect;
17 5. Intentionally omitted.
18 6. the amendments to paragraph (c) of subdivision 6 of section 367-a
19 of the social services law made by section twenty-seven of this act
20 shall not affect the repeal of such paragraph and shall be deemed to be
21 repealed therewith;
22 7. section forty-two of this act shall take effect on the sixtieth day
23 after it shall have become a law;
24 8. sections forty-four, forty-five, forty-six, eighty-three and eight-
25 y-two of this act shall take effect on the one hundred twentieth day
26 after it shall have become a law;
27 9. section fifty-six of this act shall take effect on the same date
28 and in the same manner as section 4 of part F of chapter 58 of the laws
29 of 2010, takes effect;
30 10. section fifty-seven of this act shall take effect October 1, 2011;
31 11. the amendments to paragraph (c) of subdivision 4 of section 209 of
32 the civil service law made by section eighty-one of this act shall not
33 affect the expiration of such subdivision and shall be deemed to expire
34 therewith;
35 12. sections seventy-seven, seventy-eight and seventy-nine of this act
36 shall take effect on the first of January next succeeding the date on
37 which it shall have become a law;
38 13. the commissioner of labor shall promulgate regulations required
39 under sections eighty-two and eighty-three of this act within one
40 hundred twenty days of the effective date of such sections.
41 14. sections twelve, twelve-a, twelve-b shall expire and be deemed
42 repealed on June 30, 2014; and
43 15. sections 57, 57-a, 57-b and 57-c shall take effect October 1,
44 2011.
45 PART D
46 Section 1. Intentionally omitted.
47 S 2. Intentionally omitted.
48 S 3. Intentionally omitted.
49 S 4. The general municipal law is amended by adding a new section 5-c
50 to read as follows:
51 S 5-C. ACQUISITION AND USE OF CREDIT CARDS BY LOCAL GOVERNMENTS. 1.
52 THE FOLLOWING TERMS, WHEN USED OR REFERRED TO IN THIS SECTION, SHALL
53 HAVE THE FOLLOWING MEANING:
S. 5758--A 74
1 (A) "CREDIT CARD" MEANS ANY IDENTIFICATION PLATE, CARD OR SIMILAR
2 DEVICE ISSUED BY A PERSON TO A LOCAL GOVERNMENT WHICH MAY BE USED TO
3 PURCHASE OR LEASE PROPERTY OR ACQUIRE SERVICES ON THE CREDIT OF THE
4 PERSON ISSUING THE CREDIT CARD OR A PERSON WHO HAS AGREED WITH THE
5 ISSUER TO PAY OBLIGATIONS ARISING FROM THE USE OF A CREDIT CARD ISSUED
6 TO ANOTHER PERSON. FOR PURPOSES OF THIS SECTION, "CREDIT CARD" SHALL NOT
7 INCLUDE A DEBIT CARD OR SIMILAR DEVICE THE USE OF WHICH AUTHORIZES THE
8 TRANSFER OR WITHDRAWAL OF ANY FUNDS OF THE LOCAL GOVERNMENT, AND NOTHING
9 IN THIS SECTION SHALL BE DEEMED TO AUTHORIZE THE USE, BY OR ON BEHALF OF
10 THE LOCAL GOVERNMENT OF A DEBIT CARD OR SIMILAR DEVICE THE USE OF WHICH
11 AUTHORIZES THE TRANSFER OR WITHDRAWAL OF ANY FUNDS OF THE LOCAL GOVERN-
12 MENT.
13 (B) "CARD ISSUER" MEANS ANY ISSUER OF A CREDIT CARD.
14 (C) "FINANCING AGENCY" MEANS ANY AGENCY DEFINED AS SUCH IN SUBDIVISION
15 EIGHTEEN OF SECTION FOUR HUNDRED ONE OF THE PERSONAL PROPERTY LAW.
16 (D) "PERSON" MEANS ANY INDIVIDUAL, PARTNERSHIP, CORPORATION OR ANY
17 OTHER LEGAL OR COMMERCIAL ENTITY.
18 2. NO CREDIT CARD MAY BE USED BY OR ON BEHALF OF ANY LOCAL GOVERNMENT,
19 AS SUCH TERM IS DEFINED IN SECTION TEN OF THIS ARTICLE, UNLESS THE
20 GOVERNING BOARD OF THE LOCAL GOVERNMENT, BY LOCAL LAW, ORDINANCE OR
21 RESOLUTION, DETERMINES THAT IT IS IN THE PUBLIC INTEREST TO AUTHORIZE
22 SUCH LOCAL GOVERNMENT TO ENTER INTO AN AGREEMENT WITH ONE OR MORE
23 FINANCING AGENCIES OR CARD ISSUERS TO PROVIDE FOR THE ISSUANCE OF ONE OR
24 MORE CREDIT CARDS FOR THE PROCUREMENT OF COMMODITIES AND SERVICES AND
25 FOR USE BY AUTHORIZED OFFICERS AND EMPLOYEES IN CONNECTION WITH TRAVEL
26 AND OTHER ACTUAL AND NECESSARY EXPENSES. THE CREDIT CARD OR CARDS SHALL
27 BE ISSUED IN THE NAME OF THE LOCAL GOVERNMENT AND THE SPECIFIC OFFICERS
28 AND EMPLOYEES, IN THEIR OFFICIAL CAPACITIES, AUTHORIZED PURSUANT TO THE
29 INTERNAL CREDIT CARD POLICY ADOPTED IN ACCORDANCE WITH SUBDIVISION FOUR
30 OF THIS SECTION, TO UTILIZE THE CREDIT CARD OR CARDS ISSUED TO THE LOCAL
31 GOVERNMENT. ANY SUCH LOCAL LAW, ORDINANCE OR RESOLUTION SHALL INCLUDE AN
32 INTERNAL CREDIT CARD POLICY, IN ACCORDANCE WITH SUBDIVISION FOUR OF THIS
33 SECTION, SETTING FORTH REQUIREMENTS FOR THE USE OF CREDIT CARDS ON
34 BEHALF OF THE LOCAL GOVERNMENT. THE TERMS AND CONDITIONS OF SUCH AGREE-
35 MENT MUST BE CONSISTENT WITH THIS SECTION AND THE INTERNAL CREDIT CARD
36 POLICY OF THE LOCAL GOVERNMENT, AND SHALL BE DEEMED TO INCORPORATE THE
37 PROVISIONS OF SUBDIVISION TEN OF THIS SECTION.
38 3. THE OFFICERS AND EMPLOYEES OF ANY LOCAL GOVERNMENT THAT HAS ENTERED
39 INTO AN AGREEMENT WITH A FINANCING AGENCY OR CARD ISSUER AS AUTHORIZED
40 BY THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION MAY USE CREDIT
41 CARDS ONLY IN ACCORDANCE WITH THE LOCAL GOVERNMENT'S INTERNAL CREDIT
42 CARD POLICY FOR THE PROCUREMENT OF COMMODITIES AND SERVICES FOR PROPERLY
43 AUTHORIZED MUNICIPAL PURPOSES, AND FOR PROPERLY AUTHORIZED TRAVEL AND
44 OTHER ACTUAL AND NECESSARY EXPENSES. ANY SUCH OFFICER OR EMPLOYEE USING
45 SUCH CREDIT CARD OR CARDS SHALL BE PERSONALLY LIABLE FOR ALL COSTS
46 INCURRED BY THE LOCAL GOVERNMENT IN CONNECTION WITH THE IMPROPER OR
47 UNAUTHORIZED USE BY THE OFFICER OR EMPLOYEE OF THE CREDIT CARD OR CARDS.
48 4. THE INTERNAL CREDIT CARD POLICY ADOPTED BY THE GOVERNING BOARD OF
49 ANY LOCAL GOVERNMENT THAT HAS DETERMINED TO USE CREDIT CARDS FOR
50 PROCUREMENT OF COMMODITIES, SERVICES OR TRAVEL AND OTHER ACTUAL AND
51 NECESSARY EXPENSES SHALL CONTAIN PROVISIONS PERTAINING TO:
52 (A) THE PARTICULAR OFFICERS AND EMPLOYEES, OTHERWISE EMPOWERED TO
53 PROCURE COMMODITIES OR SERVICES ON BEHALF OF THE LOCAL GOVERNMENT, OR TO
54 INCUR TRAVEL AND OTHER ACTUAL AND NECESSARY EXPENSES, WHO ARE AUTHORIZED
55 TO UTILIZE THE CREDIT CARD OR CARDS ISSUED TO THE LOCAL GOVERNMENT;
S. 5758--A 75
1 (B) AN AUTHORIZED CREDIT LIMIT FOR EACH CARD AND IN THE AGGREGATE FOR
2 ALL CARDS ISSUED TO THE LOCAL GOVERNMENT, AND, IF THE GOVERNING BOARD
3 CHOOSES, AN AUTHORIZED CREDIT LIMIT PER TRANSACTION;
4 (C) LIMITATIONS, IF ANY, ON THE TYPES OF COMMODITIES OR SERVICES, OR
5 TRAVEL AND OTHER ACTUAL AND NECESSARY EXPENSES, FOR WHICH THE CREDIT
6 CARD OR CARDS MAY BE USED, AND THE CIRCUMSTANCES UNDER WHICH THE CREDIT
7 CARD OR CARDS MAY BE USED FOR SUCH PURPOSES;
8 (D) THE PERIODIC MONITORING BY THE APPROPRIATE OFFICIALS OF THE LOCAL
9 GOVERNMENT OF THE USE OF THE CREDIT CARD OR CARDS;
10 (E) THE DOCUMENTATION REQUIRED OF AN OFFICER OR EMPLOYEE USING THE
11 CREDIT CARD FOR COMMODITIES OR SERVICES OR FOR TRAVEL AND OTHER ACTUAL
12 AND NECESSARY EXPENSES, IN ORDER TO FACILITATE THE APPROPRIATE AUDIT OF
13 THE RESULTING CLAIMS SUBMITTED BY A FINANCING AGENCY OR CARD ISSUER, AND
14 THE TIMEFRAME IN WHICH SUCH DOCUMENTATION IS REQUIRED TO BE SUBMITTED BY
15 THE OFFICER OR EMPLOYEE AFTER THEIR USE OF A CREDIT CARD;
16 (F) THE MEANS OF RECOUPING FROM THE RESPONSIBLE OFFICER OR EMPLOYEE
17 COSTS INCURRED WITH RESPECT TO ANY ILLEGAL OR UNAUTHORIZED EXPENDITURES,
18 OR IMPROPER USAGE OF THE CREDIT CARD OR CARDS; AND
19 (G) ANY OTHER TERMS OR CONDITIONS DEEMED BY THE GOVERNING BOARD TO BE
20 NECESSARY TO EFFECTUATE THE PROPER USE OF A CREDIT CARD OR CARDS.
21 5. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, PROCUREMENTS OF
22 COMMODITIES AND SERVICES FOR WHICH A CREDIT CARD IS USED SHALL BE
23 SUBJECT TO ALL LAWS OTHERWISE APPLICABLE TO MUNICIPAL PROCUREMENTS,
24 INCLUDING, BUT NOT LIMITED, TO SECTIONS ONE HUNDRED THREE AND ONE
25 HUNDRED FOUR-B OF THIS CHAPTER. TRAVEL AND OTHER ACTUAL AND NECESSARY
26 EXPENSES FOR WHICH A CREDIT CARD IS USED SHALL BE INCURRED IN ACCORDANCE
27 WITH AND SHALL BE SUBJECT TO ALL LAWS OTHERWISE APPLICABLE TO THE INCUR-
28 RING OF SUCH MUNICIPAL CHARGES BY OFFICERS AND EMPLOYEES.
29 6. NO PAYMENT TO A FINANCING AGENCY OR CARD ISSUER FOR COMMODITIES,
30 SERVICES OR TRAVEL OR OTHER ACTUAL AND NECESSARY EXPENSES FOR WHICH A
31 CREDIT CARD WAS USED MAY BE MADE UNLESS, IN ADDITION TO ALL OTHER
32 REQUIREMENTS FOR THE AUDIT AND APPROVAL OF CLAIMS, THE DOCUMENTATION
33 REQUIRED BY THE LOCAL GOVERNMENT'S INTERNAL CREDIT CARD POLICY ADOPTED
34 IN ACCORDANCE WITH SUBDIVISION FOUR OF THIS SECTION IS SUBMITTED TO THE
35 AUDITING BODY OR OFFICIAL OF THE LOCAL GOVERNMENT AND A CLAIM FROM THE
36 FINANCING AGENCY OR CARD ISSUER IS AUDITED AND APPROVED IN ACCORDANCE
37 WITH LAWS GENERALLY APPLICABLE TO THE LOCAL GOVERNMENT'S AUDIT AND
38 APPROVAL OF CLAIMS FUNCTION.
39 7. IF AFTER A CLAIM IS PRESENTED FOR AUDIT, A CREDIT CARD CHARGE IS
40 DISALLOWED IN WHOLE OR IN PART, THE LOCAL GOVERNMENT SHALL NOT BE
41 RESPONSIBLE FOR PAYMENT OF THE DISALLOWED CHARGE OR ANY INTEREST OR
42 PENALTY WHICH SHALL HAVE ACCRUED AS A RESULT OF SUCH DISALLOWED CHARGE.
43 ANY AGREEMENT THAT IS ENTERED INTO PURSUANT TO THIS SECTION SHALL BE
44 DEEMED TO INCORPORATE THIS PROVISION. NOTHING CONTAINED HEREIN SHALL BE
45 CONSTRUED TO LIMIT ANY RIGHT THAT A FINANCING AGENCY OR CREDIT CARD
46 ISSUER MAY HAVE UNDER LAW TO RECOVER THE AMOUNT OF ANY DISALLOWED CHARGE
47 OR INTEREST OR PENALTY THEREON FROM ANY OTHER PERSON OR ENTITY.
48 8. THE AUDIT OF ANY CLAIM SUBMITTED BY A FINANCING AGENCY OR CARD
49 ISSUER SHALL BE UNDERTAKEN IN A TIMELY FASHION SO THAT, UPON APPROVAL OF
50 THE CLAIM, PAYMENT MAY BE MADE PRIOR TO THE IMPOSITION OF INTEREST OR
51 PENALTY CHARGES.
52 9. CONTRACTS ENTERED INTO PURSUANT TO THIS SECTION BETWEEN LOCAL
53 GOVERNMENTS AND FINANCING AGENCIES OR CARD ISSUERS SHALL BE AWARDED
54 AFTER THE SOLICITATION OF ALTERNATIVE PROPOSALS OR QUOTATIONS IN ACCORD-
55 ANCE WITH THE LOCAL GOVERNMENT'S WRITTEN INTERNAL POLICIES AND PROCE-
56 DURES GOVERNING PROCUREMENTS ADOPTED PURSUANT TO SECTION ONE HUNDRED
S. 5758--A 76
1 FOUR-B OF THIS CHAPTER. IN THE CASE OF A SCHOOL DISTRICT OR BOARD OF
2 COOPERATIVE EDUCATIONAL SERVICES, SUCH POLICIES AND PROCEDURES MAY
3 PROVIDE FOR THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL
4 SERVICES TO ENGAGE THE SERVICES OF A FINANCING AGENCY OR CARD ISSUER
5 PURSUANT TO A COOPERATIVE PROCUREMENT AGREEMENT FOR SUCH SERVICES WITH
6 ONE OR MORE LOCAL GOVERNMENTS OF THIS STATE OR OF ANY OTHER STATE, OR
7 THROUGH AN EXISTING COOPERATIVE PROCUREMENT AGREEMENT ENTERED INTO AMONG
8 LOCAL GOVERNMENTS OF THIS STATE OR ANY OTHER STATE FOR SUCH SERVICES IF
9 SUCH EXISTING CONTRACT HAS BEEN AWARDED PURSUANT TO A COMPETITIVE
10 REQUEST FOR PROPOSALS PROCESS AND HAS BEEN EXTENDED OR OFFERED FOR USE
11 BY OTHER LOCAL GOVERNMENTS; PROVIDED, HOWEVER, THAT THE GOVERNING BOARD
12 OF THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES
13 SHALL FIRST DETERMINE THAT ENGAGING THE SERVICES OF A FINANCING AGENCY
14 OR CARD ISSUER PURSUANT TO OR THROUGH A COOPERATIVE PROCUREMENT AGREE-
15 MENT WILL RESULT IN COST SAVINGS AND THAT ANY SUCH COOPERATIVE PROCURE-
16 MENT AGREEMENT IS FULLY IN COMPLIANCE WITH THE PROVISIONS OF THIS
17 SECTION.
18 10. NO LIABILITY TO A FINANCING AGENCY OR CARD ISSUER UNDER A CONTRACT
19 ENTERED INTO PURSUANT TO THIS SECTION SHALL CONSTITUTE A GENERAL OBLI-
20 GATION INDEBTEDNESS OF THE LOCAL GOVERNMENT, AND NEITHER THE FAITH AND
21 CREDIT, NOR THE TAXING POWER OF THE LOCAL GOVERNMENT, MAY BE PLEDGED TO
22 THE PAYMENT OF ANY AMOUNT DUE OR TO BECOME DUE UNDER SUCH A CONTRACT.
23 S 5. Section 20.00 of the local finance law is amended by adding a new
24 paragraph e to read as follows:
25 E. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PREVENT A
26 MUNICIPALITY, SCHOOL DISTRICT OR DISTRICT CORPORATION FROM ENTERING INTO
27 AN AGREEMENT WITH ONE OR MORE FINANCING AGENCIES OR CARD ISSUERS FOR THE
28 ISSUANCE OF A CREDIT CARD OR CARDS IN THE NAME OF THE MUNICIPALITY,
29 SCHOOL DISTRICT OR DISTRICT CORPORATION OR FROM USING SUCH CREDIT CARD
30 OR CARDS FOR THE PROCUREMENT OF COMMODITIES, SERVICES AND EXPENSES IN
31 ACCORDANCE WITH SECTION FIVE-C OF THE GENERAL MUNICIPAL LAW.
32 S 6. Subdivision 2 of section 27 of the municipal home rule law, as
33 amended by chapter 259 of the laws of 1987, is amended to read as
34 follows:
35 2. Each such certified copy shall contain the text only of the local
36 law without the brackets and without the matter within the brackets, the
37 matter with a line run through it, or the italicizing or underscoring,
38 if any, to indicate the changes made by it, except that each such certi-
39 fied copy of a local law enacted by a city with a population of one
40 million or more shall be printed in the same form as the official copy
41 of the proposed local law which became the local law provided that line
42 numbers, the printed number of the bill and explanatory matter shall be
43 omitted[, and also have attached thereto a certificate executed by the
44 corporation counsel, municipal attorney or other principal law officer
45 to the effect that it contains the correct text and that all proper
46 proceedings have been had or taken for the enactment of such local law,
47 which certificate shall constitute presumptive evidence thereof,
48 provided that any failure or omission so to certify shall not invalidate
49 such local law].
50 S 7. Subdivision 5 of section 27 of the municipal home rule law is
51 REPEALED and subdivisions 6 and 7 are renumbered subdivisions 5 and 6.
52 S 8. Subdivisions 1 and 1-a of section 209-q of the general municipal
53 law, subdivision 1 as amended by chapter 735 of the laws of 1988, para-
54 graphs (b) and (c) of subdivision 1 as amended by chapter 551 of the
55 laws of 2001 and subdivision 1-a as added by chapter 671 of the laws of
56 1967, are amended to read as follows:
S. 5758--A 77
1 1. (a) Notwithstanding the provisions of any general, special or local
2 law or charter to the contrary, no person shall[, after July first,
3 nineteen hundred sixty,] receive an original appointment on a permanent
4 basis as a police officer of any county, city, town, village or police
5 district unless such person has previously been awarded a certificate by
6 the [executive director] CHAIRMAN of the municipal police training coun-
7 cil created under article thirty-five of the executive law, attesting to
8 his OR HER satisfactory completion of an approved municipal police basic
9 training program; and every person who is appointed [on a temporary
10 basis or for a probationary term or on other than a permanent basis] as
11 a police officer [of any county, city, town, village or police district]
12 shall forfeit his OR HER position as such unless he OR SHE previously
13 has satisfactorily completed, or within the time prescribed by regu-
14 lations promulgated by the governor pursuant to section eight hundred
15 forty-two of the executive law, satisfactorily completes[, a] AN
16 APPROVED municipal police basic training program [for temporary or
17 probationary police officers] and is awarded a certificate by such
18 [director] CHAIRMAN attesting thereto.
19 (b) A certificate attesting to satisfactory completion of an approved
20 municipal police basic training program awarded by the [executive direc-
21 tor] CHAIRMAN of the municipal police training council pursuant to this
22 subdivision shall remain valid:
23 (i) during the holder's continuous service as a police officer [or
24 peace officer who has an equivalency certificate for police officer
25 training or an approved course for state university of New York public
26 safety officers issued in accordance with subdivision three of section
27 eight hundred forty-one of the executive law]; and
28 (ii) for [two] FIVE years after the date of the commencement of an
29 interruption in such service where the holder had, immediately prior to
30 such interruption, served as a police officer [or peace officer who has
31 an equivalency certificate for police officer training or an approved
32 course for state university of New York public safety officers issued in
33 accordance with subdivision three of section eight hundred forty-one of
34 the executive law, for less than two consecutive years]; or
35 (iii) [for four years after the date of the commencement of an inter-
36 ruption in such service where the holder had, immediately prior to such
37 interruption, served as a police officer or peace officer who has an
38 equivalency certificate for police officer training or an approved
39 course for state university of New York public safety officers issued in
40 accordance with subdivision three of section eight hundred forty-one of
41 the executive law, for two consecutive years or longer; or
42 (iv)] where the holder, whose interruption in continuous service as a
43 police officer does not exceed ten years, has satisfactorily completed
44 an approved police officer refresher course [or where a peace officer,
45 who seeks an equivalency certificate for police officer training or an
46 approved course for state university of New York public safety officers
47 issued in accordance with subdivision three of section eight hundred
48 forty-one of the executive law, has satisfactorily completed relevant
49 police officer training courses,] as prescribed by the municipal police
50 training council.
51 (c) As used in this subdivision, the term "interruption" shall mean a
52 period of separation from employment as a police officer [or peace offi-
53 cer who has an equivalency certificate for police officer training or an
54 approved course for state university of New York public safety officers
55 issued in accordance with subdivision three of section eight hundred
S. 5758--A 78
1 forty-one of the executive law,] by reason of such officer's leave of
2 absence, resignation or removal, other than removal for cause.
3 1-a. Notwithstanding the provisions of any general, special or local
4 law or charter, the promotion of any police officer to a first-line
5 supervisory position [on or after July first, nineteen hundred sixty-
6 seven,] shall not become permanent unless such police officer has previ-
7 ously been awarded a certificate by the [executive director] CHAIRMAN of
8 the municipal police training council created under article [nineteen-f]
9 THIRTY-FIVE of the executive law, attesting to his OR HER satisfactory
10 completion of an approved course in police supervision as prescribed by
11 the municipal police training council. Any police officer who is
12 promoted on any basis to a first-line supervisory position [on or after
13 July first, nineteen hundred sixty-seven] shall forfeit such promotion
14 unless he OR SHE previously has satisfactorily completed, or within the
15 time prescribed by regulations promulgated by the governor pursuant to
16 section [four hundred eighty-four] EIGHT HUNDRED FORTY-TWO of the execu-
17 tive law satisfactorily completes, the prescribed course in police
18 supervision and is awarded a certificate by such [director] CHAIRMAN
19 attesting thereto.
20 S 9. Subdivision 3 of section 168-n of the correction law, as amended
21 by chapter 684 of the laws of 2005, is amended to read as follows:
22 3. No later than thirty days prior to the board's recommendation, the
23 sex offender shall be notified that his or her case is under review and
24 that he or she is permitted to submit to the board any information rele-
25 vant to the review. Upon receipt of the board's recommendation, the
26 sentencing court shall determine whether the sex offender was previously
27 found to be eligible for assigned counsel in the underlying case. Where
28 such a finding was previously made, the court shall assign counsel to
29 represent the offender, pursuant to article eighteen-B of the county
30 law. At least twenty days prior to the determination proceeding, the
31 sentencing court shall notify the district attorney, the sex offender
32 and the sex offender's counsel, in writing, of the date of the determi-
33 nation proceeding and shall also provide the district attorney, the sex
34 offender and the sex offender's counsel with a copy of the recommenda-
35 tion received from the board and any statement of the reasons for the
36 recommendation received from the board. This notice shall include the
37 following statement or a substantially similar statement: "This
38 proceeding is being held to determine whether you will be classified as
39 a level 3 offender (risk of repeat offense is high), a level 2 offender
40 (risk of repeat offense is moderate), or a level 1 offender (risk of
41 repeat offense is low), or whether you will be designated as a sexual
42 predator, a sexually violent offender or a predicate sex offender, which
43 will determine how long you must register as a sex offender and how much
44 information can be provided to the public concerning your registration.
45 If you fail to appear at this proceeding, without sufficient excuse, it
46 shall be held in your absence. Failure to appear may result in a longer
47 period of registration or a higher level of community notification
48 because you are not present to offer evidence or contest evidence
49 offered by the district attorney." The written notice to the sex offen-
50 der shall also advise the offender that he or she has a right to a hear-
51 ing prior to the court's determination, and that he or she has the right
52 to be represented by counsel at the hearing. If counsel has been
53 assigned to represent the offender at the determination proceeding, the
54 notice shall also provide the name, address and telephone number of the
55 assigned counsel. Where counsel has not been assigned, the notice shall
56 advise the sex offender that counsel will be appointed if he or she is
S. 5758--A 79
1 financially unable to retain counsel, and a returnable form shall be
2 enclosed in the court's notice to the sex offender on which the sex
3 offender may apply for assignment of counsel. If the sex offender
4 applies for assignment of counsel and the court finds that the offender
5 is financially unable to retain counsel, the court shall assign counsel
6 to represent the sex offender pursuant to article eighteen-B of the
7 county law. If the district attorney seeks a determination that differs
8 from the recommendation submitted by the board, at least ten days prior
9 to the determination proceeding the district attorney shall provide to
10 the court and the sex offender a statement setting forth the determi-
11 nations sought by the district attorney together with the reasons for
12 seeking such determinations. The court shall allow the sex offender to
13 appear and be heard. THE COURT, IN ITS DISCRETION, MAY DISPENSE WITH
14 THE PERSONAL APPEARANCE OF THE SEX OFFENDER AND CONDUCT AN ELECTRONIC
15 APPEARANCE IN ACCORDANCE WITH THE RULES ISSUED BY THE CHIEF ADMINISTRA-
16 TOR OF THE COURTS PURSUANT TO SECTION 182.20 OF THE CRIMINAL PROCEDURE
17 LAW. The state shall appear by the district attorney, or his or her
18 designee, who shall bear the burden of proving the facts supporting the
19 determinations sought by clear and convincing evidence. Where there is a
20 dispute between the parties concerning the determinations, the court
21 shall adjourn the hearing as necessary to permit the sex offender or the
22 district attorney to obtain materials relevant to the determinations
23 from the state board of examiners of sex offenders or any state or local
24 facility, hospital, institution, office, agency, department or division.
25 Such materials may be obtained by subpoena if not voluntarily provided
26 to the requesting party. In making the determinations the court shall
27 review any victim's statement and any relevant materials and evidence
28 submitted by the sex offender and the district attorney and the recom-
29 mendation and any materials submitted by the board, and may consider
30 reliable hearsay evidence submitted by either party, provided that it is
31 relevant to the determinations. Facts previously proven at trial or
32 elicited at the time of entry of a plea of guilty shall be deemed estab-
33 lished by clear and convincing evidence and shall not be relitigated.
34 The court shall render an order setting forth its determinations and the
35 findings of fact and conclusions of law on which the determinations are
36 based. A copy of the order shall be submitted by the court to the divi-
37 sion. Upon application of either party, the court shall seal any portion
38 of the court file or record which contains material that is confidential
39 under any state or federal statute. Either party may appeal as of right
40 from the order pursuant to the provisions of articles fifty-five,
41 fifty-six and fifty-seven of the civil practice law and rules. Where
42 counsel has been assigned to represent the sex offender upon the ground
43 that the sex offender is financially unable to retain counsel, that
44 assignment shall be continued throughout the pendency of the appeal, and
45 the person may appeal as a poor person pursuant to article eighteen-B of
46 the county law.
47 S 10. Subdivisions 1 and 2 of section 182.20 of the criminal procedure
48 law, subdivision 1 as amended by chapter 332 of the laws of 2009 and
49 subdivision 2 as added by chapter 689 of the laws of 1993, are amended
50 to read as follows:
51 1. Notwithstanding any other provision of law and except as provided
52 in section 182.30 of this article, the court, in its discretion, may
53 dispense with the personal appearance of the defendant, except an
54 appearance at a hearing or trial, and conduct an electronic appearance
55 in connection with a criminal action [pending in Albany, Bronx, Broome,
56 Erie, Kings, New York, Niagara, Oneida, Onondaga, Ontario, Orange,
S. 5758--A 80
1 Putnam, Queens, Richmond, St. Lawrence, Tompkins, Chautauqua, Cattarau-
2 gus, Clinton, Essex, Montgomery, Rensselaer, Warren, Westchester,
3 Suffolk, Herkimer or Franklin county, provided that the chief adminis-
4 trator of the courts has authorized the use of electronic appearance and
5 the defendant, after consultation with counsel, consents on the record.
6 Such consent shall be required at the commencement of each electronic
7 appearance to such electronic appearance].
8 2. If, for any reason, the court determines on its own motion or on
9 the motion of any party that the conduct of an electronic appearance may
10 impair the legal rights of the defendant, it shall not permit the elec-
11 tronic appearance to proceed. If[, for any other articulated reason,
12 either party requests at any time during the electronic appearance that
13 such appearance be terminated] THE COURT DOES NOT PERMIT THE ELECTRONIC
14 APPEARANCE TO PROCEED OR TERMINATES THE ELECTRONIC APPEARANCE, the court
15 shall [grant such request and] adjourn the proceeding to a date certain.
16 Upon the adjourned date the proceeding shall be recommenced from the
17 point at which the [request for termination of the] electronic appear-
18 ance had been [granted] TERMINATED.
19 S 11. Subdivisions 3, 4 and 13 of section 500-b of the correction law,
20 as added by chapter 907 of the laws of 1984 and subdivision 13 as
21 amended by chapter 574 of the laws of 1985, are amended to read as
22 follows:
23 3. No female confined in a county jail shall be assigned to or housed
24 in a facility housing unit with a male EXCEPT WHEN NECESSARY FOR THE
25 RECEIPT OF CARE OR TREATMENT IN A FACILITY OPERATED INFIRMARY, PROVIDED,
26 HOWEVER, A FEMALE SHALL NOT BE HOUSED IN THE SAME ROOM AS A MALE; and if
27 detained on civil process, or for contempt, or as a witness, she shall
28 not be put or kept in the same room with a man, except her husband OR
29 WHEN NECESSARY FOR THE RECEIPT OF CARE OR TREATMENT IN A FACILITY OPER-
30 ATED INFIRMARY.
31 4. (A) No person under nineteen years of age shall be placed or kept
32 or allowed to be at any time with any prisoner or prisoners [nineteen]
33 TWENTY-TWO years of age or older, in any room, dormitory, cell or tier
34 of the buildings of such institution unless separately grouped to
35 prevent access to persons under nineteen years of age by prisoners
36 [nineteen] TWENTY-TWO years of age or older.
37 (B) PERSONS NINETEEN, TWENTY OR TWENTY-ONE YEARS OF AGE MAY, AT THE
38 DISCRETION OF THE CHIEF ADMINISTRATIVE OFFICER, BE PLACED OR KEPT EITHER
39 WITH PERSONS UNDER NINETEEN YEARS OF AGE OR WITH PERSONS TWENTY-TWO
40 YEARS OF AGE OR OLDER, PROVIDED HOWEVER THAT IN MAKING THE DECISION ON
41 WHERE TO HOUSE SUCH NINETEEN, TWENTY OR TWENTY-ONE YEAR OLD PERSONS, THE
42 CHIEF ADMINISTRATIVE OFFICER SHALL CONSIDER ALL OF THE FACTORS SET FORTH
43 IN PARAGRAPH (A) OF SUBDIVISION SEVEN OF THIS SECTION.
44 13. Where in the opinion of the chief administrative officer an emer-
45 gency overcrowding condition exists in a local correctional facility
46 caused in part by the [prohibition against the commingling of persons
47 under nineteen years of age with persons nineteen years of age or older
48 or the commingling of persons nineteen years of age or older with
49 persons under nineteen years of age] RESTRICTIONS UPON COMMINGLING OF
50 CATEGORIES OF PERSONS SET FORTH IN SUBDIVISION FOUR OF THIS SECTION, the
51 chief administrative officer may apply to the commission for permission
52 to commingle the aforementioned categories of inmates for a period not
53 to exceed thirty days as provided herein. The commission shall acknowl-
54 edge to the chief administrative officer the receipt of such application
55 upon its receipt. The chief administrative officer shall be permitted
56 to commingle such inmates upon acknowledgment of receipt of the applica-
S. 5758--A 81
1 tion by the commission. The commission shall assess the application
2 within seven days of receipt. The commission shall deny any such appli-
3 cation and shall prohibit the continued commingling of such inmates
4 where it has found that the local correctional facility does not meet
5 the criteria set forth in this subdivision and further is in substantial
6 noncompliance with minimum staffing requirements as provided in commis-
7 sion rules and regulations. In addition, the commission shall determine
8 whether the commingling of such inmates presents a danger to the health,
9 safety or welfare of any such inmate. If no such danger exists the chief
10 administrative officer may continue the commingling until the expiration
11 of the aforementioned thirty day period or until such time as he deter-
12 mines that the overcrowding which necessitated the commingling no longer
13 exists, whichever occurs first. In the event the commission determines
14 that such danger exists, it shall immediately notify the chief adminis-
15 trative officer, and the commingling of such inmates shall cease. Such
16 notification shall include specific measures which should be undertaken
17 by the chief administrative officer, to correct such dangers. The chief
18 administrative officer may correct such dangers and reapply to the
19 commission for permission to commingle; however, no commingling may take
20 place until such time as the commission certifies that the facility is
21 now in compliance with the measures set forth in the notification under
22 this subdivision. When such certification has been received by the chief
23 administrative officer, the commingling may continue for thirty days,
24 less any time during which the chief administrative officer commingled
25 such inmates following his application to the commission, or until such
26 time as he determines that the overcrowding which necessitated the
27 commingling no longer exists, whichever occurs first. The chief adminis-
28 trative officer may apply for permission to commingle such inmates for
29 up to two additional thirty day periods, in conformity with the
30 provisions and the requirements of this subdivision, in a given calendar
31 year. For the period ending December thirtieth, nineteen hundred eight-
32 y-four, a locality may not apply for more than one thirty day commin-
33 gling period.
34 S 12. Subparagraph 4 of paragraph (c) of subdivision 8 of section
35 500-b of the correction law, as added by chapter 907 of the laws of
36 1984, is amended to read as follows:
37 (4) a woman detained in any county jail or penitentiary upon a crimi-
38 nal charge or as a convict under sentence with a man EXCEPT WHEN NECES-
39 SARY FOR THE RECEIPT OF CARE OR TREATMENT IN A FACILITY OPERATED INFIR-
40 MARY, PROVIDED, HOWEVER, A FEMALE SHALL NOT BE HOUSED IN THE SAME ROOM
41 AS A MALE; and if detained on civil process, or for contempt, or as a
42 witness in a room in which there are no other prisoners with a man,
43 except with her husband OR WHEN NECESSARY FOR THE RECEIPT OF CARE OR
44 TREATMENT IN A FACILITY OPERATED INFIRMARY.
45 S 13. Section 72-c of the general municipal law, as amended by chapter
46 229 of the laws of 1992, is amended to read as follows:
47 S 72-c. Expenses of members of the police department and other peace
48 officers in attending police training schools. The board or body of a
49 county, city, town or village authorized to appropriate and to raise
50 money by taxation and to make payments therefrom, is hereby authorized,
51 in its discretion, to appropriate and to raise money by taxation and to
52 make payments from such moneys, for the annual expenses of the members
53 of the police department of such municipal corporation in attending a
54 police training school, as provided by the regulations of the depart-
55 ment, either within such municipal corporation or elsewhere within the
56 state; and for the payment of reasonable expenses of such members and
S. 5758--A 82
1 other police officers or peace officers of the municipality while going
2 to, attending, and returning from any training school conducted by or
3 under the auspices of the federal bureau of investigation, whether with-
4 in or without the state. Notwithstanding any inconsistent provision of
5 any general, special or local law to the contrary, whenever a member of
6 the police department of a municipal corporation[, having a population
7 of ten thousand or less,] has attended a police training school, the
8 expense of which was borne by such municipal corporation, terminates
9 employment with such municipal corporation and commences employment with
10 any other municipal corporation or employer county sheriff, such employ-
11 er municipal corporation or employer county sheriff shall reimburse the
12 prior employer municipal corporation[, having a population of ten thou-
13 sand or less,] for such expenses, including, salary, tuition, enrollment
14 fees, books, and the cost of transportation to and from training school,
15 as follows: on a pro rata basis, to be calculated by subtracting from
16 the number of days in the three years following the date of the member's
17 graduation from police training school, the number of days between the
18 date of the member's graduation from training school and the date of the
19 termination of employment with the municipal corporation which paid for
20 such training, and multiplying the difference by the per diem cost of
21 such expenses, to be calculated by dividing the total cost of such
22 expenses by the number of days in the three years following the date of
23 the member's graduation, if such change in employment occurs within
24 three years of such member's graduation from police training school.
25 Provided, however, the employer municipal corporation or employer county
26 sheriff shall not be required to reimburse the prior employer municipal
27 corporation for that portion of such expenses which is reimbursable by
28 the member to the prior employer municipal corporation under the terms
29 of an employment or labor agreement. Provided, further, however, the
30 employer municipal corporation or employer county sheriff shall not be
31 required to reimburse the prior employer municipal corporation for such
32 basic training if such change in employment occurs after the expiration
33 of the validity of the member's certificate attesting to the satisfac-
34 tory completion of an approved municipal police basic training program.
35 S 14. Section 207-m of the general municipal law is REPEALED.
36 S 15. Intentionally omitted.
37 S 16. Subdivision 6 of section 702 of the county law is REPEALED and a
38 new subdivision 6 is added to read as follows:
39 6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW WITH RESPECT TO REQUIRE-
40 MENT OF RESIDENCE, A DISTRICT ATTORNEY MAY APPOINT ASSISTANT DISTRICT
41 ATTORNEYS WHO DO NOT RESIDE WITHIN THE BORDERS OF SAID COUNTY.
42 S 17. The opening paragraph and paragraph (l) of subdivision 4 of
43 section 20.40 of the criminal procedure law, paragraph (l) as amended by
44 chapter 346 of the laws of 2007, are amended to read as follows:
45 A person may be convicted in an appropriate criminal court of a
46 particular county, of an offense of which the criminal courts of this
47 state have jurisdiction pursuant to section 20.20, committed either by
48 his OR HER own conduct or by the conduct of another for which he OR SHE
49 is legally accountable pursuant to section 20.00 of the penal law, when:
50 (l) An offense of identity theft or unlawful possession of personal
51 [identification] IDENTIFYING information AND ALL CRIMINAL ACTS COMMITTED
52 AS PART OF THE SAME CRIMINAL TRANSACTION AS DEFINED IN SUBDIVISION TWO
53 OF SECTION 40.10 OF THIS CHAPTER OR COMMITTED THROUGH THE CRIMINAL
54 MISUSE OF PERSONAL IDENTIFYING INFORMATION may be prosecuted (i) in any
55 county in which part of the offense took place regardless of whether the
56 defendant was actually present in such county, or (ii) in the county in
S. 5758--A 83
1 which the person who suffers financial loss resided at the time of the
2 commission of the offense, or (iii) in the county where the person whose
3 personal [identification] IDENTIFYING information was used in the
4 commission of the offense resided at the time of the commission of the
5 offense. The law enforcement agency of any such county shall take a
6 police report of the matter and provide the complainant with a copy of
7 such report at no charge.
8 S 18. Section 176 of the family court act is amended to read as
9 follows:
10 S 176. Inter-county probation. [If a person placed under probation by
11 the family court resides in or moves to a county other than the county
12 in which he was placed on probation, the family court which placed him
13 on probation may transfer the proceedings to the county in which the
14 probationer resides or to which he has moved or may place him under the
15 supervision of the probation service attached to the family court in
16 which the probationer resides or to which he has moved.]
17 1. WHERE A PERSON PLACED ON PROBATION RESIDES IN ANOTHER JURISDICTION
18 WITHIN THE STATE AT THE TIME OF THE ORDER OF DISPOSITION, THE FAMILY
19 COURT WHICH PLACED HIM OR HER ON PROBATION SHALL TRANSFER SUPERVISION TO
20 THE PROBATION DEPARTMENT IN THE JURISDICTION IN WHICH THE PERSON
21 RESIDES. WHERE, AFTER A PROBATION DISPOSITION IS PRONOUNCED, A PROBA-
22 TIONER REQUESTS TO RESIDE IN ANOTHER JURISDICTION WITHIN THE STATE, THE
23 FAMILY COURT WHICH PLACED HIM OR HER ON PROBATION MAY, IN ITS
24 DISCRETION, APPROVE A CHANGE IN RESIDENCY AND, UPON APPROVAL, SHALL
25 TRANSFER SUPERVISION TO THE PROBATION DEPARTMENT SERVING THE COUNTY OF
26 THE PROBATIONER'S PROPOSED NEW RESIDENCE. ANY TRANSFER UNDER THIS SUBDI-
27 VISION MUST BE IN ACCORDANCE WITH RULES ADOPTED BY THE COMMISSIONER OF
28 THE DIVISION OF CRIMINAL JUSTICE SERVICES.
29 2. UPON COMPLETION OF A TRANSFER AS AUTHORIZED PURSUANT TO SUBDIVISION
30 ONE OF THIS SECTION, THE FAMILY COURT WITHIN THE JURISDICTION OF THE
31 RECEIVING PROBATION DEPARTMENT SHALL ASSUME ALL POWERS AND DUTIES OF THE
32 FAMILY COURT WHICH PLACED THE PROBATIONER ON PROBATION AND SHALL HAVE
33 SOLE JURISDICTION IN THE CASE. THE FAMILY COURT WHICH PLACED THE PROBA-
34 TIONER ON PROBATION SHALL IMMEDIATELY FORWARD ITS ENTIRE CASE RECORD TO
35 THE RECEIVING COURT.
36 3. UPON COMPLETION OF A TRANSFER AS AUTHORIZED PURSUANT TO SUBDIVISION
37 ONE OF THIS SECTION, THE PROBATION DEPARTMENT IN THE RECEIVING JURISDIC-
38 TION SHALL ASSUME ALL POWERS AND DUTIES OF THE PROBATION DEPARTMENT IN
39 THE JURISDICTION OF THE FAMILY COURT WHICH PLACED THE PROBATIONER ON
40 PROBATION.
41 S 19. Section 514 of the general municipal law, as amended by chapter
42 492 of the laws of 1963, is amended to read as follows:
43 S 514. Filing of proposed plans. The municipality or agency, as the
44 case may be, shall file with the commissioner a copy of [each] ANY
45 proposed urban renewal program ASSISTED BY STATE LOANS, PERIODIC SUBSI-
46 DIES OR CAPITAL GRANTS, embodying the plans, layout, estimated cost and
47 proposed [methed] METHOD of financing. Any change made in [the] AN urban
48 renewal program ASSISTED BY STATE LOANS, PERIODIC SUBSIDIES OR CAPITAL
49 GRANTS shall be filed with the commissioner. From time to time prior to
50 completion, and with reasonable promptness after [each] ANY urban
51 renewal program ASSISTED BY STATE LOANS, PERIODIC SUBSIDIES OR CAPITAL
52 GRANTS shall have been completed, upon request of the commissioner, the
53 municipality or agency shall file with the commissioner a detailed
54 statement of the cost thereof.
55 Upon receipt of a copy of a proposed urban renewal program, or any
56 proposed change therein, the commissioner may transmit his criticism and
S. 5758--A 84
1 suggestions to the municipality or agency, as the case may be. No change
2 in an urban renewal program assisted by state loans, periodic subsidies
3 or capital grants may be made by a municipality or agency without the
4 approval of the commissioner.
5 S 20. Subdivision 2 of section 553 of the general municipal law, as
6 added by chapter 921 of the laws of 1962, is amended to read as follows:
7 2. An agency shall be a corporate governmental agency, constituting a
8 public benefit corporation. Except as otherwise provided by special act
9 of the Legislature, an agency shall consist of not less than three nor
10 more than five members who shall be appointed by the mayor of a city or
11 village or the town board of a town and who shall serve at the pleasure
12 of the appointing authority. A member shall continue to hold office
13 until his successor is appointed and has qualified. The mayor of a city
14 or village, or the town board of a town, shall designate the first
15 chairman [and file with the commissioner a certificate of appointment or
16 re-appointment of any member]. Such members shall receive no compen-
17 sation for their services but shall be entitled to the necessary
18 expenses, including traveling expenses, incurred in the discharge of
19 their duties.
20 S 21. Subdivision 1 of section 30 of the public housing law, as
21 amended by chapter 620 of the laws of 1942, is amended to read as
22 follows:
23 1. In the case of an authority hereafter established by a special act
24 of the legislature, the mayor of a city or village, or the town board of
25 a town, shall file in [the office of the commissioner, and a duplicate
26 in] the office of the secretary of state, a certificate signed by him or
27 it and setting forth: (a) the date of the passage of the special act
28 establishing the authority; (b) the name of the authority; and (c) the
29 names of the members and their terms, specifying which member is chair-
30 man.
31 S 22. Subdivision 2 of section 30 of the public housing law, as
32 amended by chapter 482 of the laws of 1974, is amended to read as
33 follows:
34 2. Except as otherwise provided by special act of the legislature, an
35 authority shall consist of not less than three nor more than seven
36 members. The members of an authority who are first appointed shall be
37 not more than five in number and shall be designated to serve for terms
38 of one, two, three, four and five years respectively from the date of
39 their appointment, depending upon the number of members constituting the
40 authority. Thereafter the term of office of appointive members shall be
41 five years. A member shall continue to hold office until his successor
42 is appointed or elected and has qualified. The mayor of a city or
43 village, or the town board of a town, shall appoint the appointive
44 members[,] AND designate the first chairman [and file with the commis-
45 sioner a certificate of appointment or the reappointment of any member].
46 S 23. Section 38 of the public housing law, as amended by chapter 260
47 of the laws of 1945, is amended to read as follows:
48 S 38. STATE PROJECT FILING. An authority shall file with the commis-
49 sioner a copy of each proposed STATE project embodying the plans,
50 layout, estimated costs and proposed method of financing. Any change
51 made in [the] A STATE project shall be filed with the commissioner by
52 the authority. With reasonable promptness after each STATE project shall
53 have been completed, and from time to time prior to completion upon
54 request of the commissioner, an authority shall file with the commis-
55 sioner a detailed statement of the cost thereof.
S. 5758--A 85
1 Upon receipt of a copy of a proposed state project, or of any proposed
2 change therein, the commissioner may transmit his criticisms and
3 suggestions with reasonable promptness to the authority or the munici-
4 pality. No change in a state project may be made by an authority or a
5 municipality without the approval of the commissioner.
6 S 24. Subdivision 1 of section 54 of the public housing law, as
7 amended by chapter 542 of the laws of 1971, is amended to read as
8 follows:
9 1. [An] ANY authority WHICH SUPERVISES, MANAGES, OPERATES OR HOLDS ANY
10 INTEREST IN AT LEAST ONE STATE PROJECT shall file with the commissioner
11 a copy of any by-laws, rules and regulations and amendments thereto
12 adopted by it from time to time, which shall become effective upon
13 approval by the commissioner; provided, however, that if the commission-
14 er shall fail to approve or disapprove such proposed by-laws, rules and
15 regulations and amendments within three months after such filing, such
16 by-laws, rules and regulations and amendments shall become effective
17 upon the expiration of such three-month period.
18 S 25. Paragraphs (c) and (d) of subdivision 1 of section 23 of the
19 social services law, paragraph (c) as added by chapter 818 of the laws
20 of 1990 and paragraph (d) as amended by chapter 304 of the laws of 1990,
21 are amended and a new paragraph (e) is added to read as follows:
22 [(c)] (C-1) to the federal parent locator service, maintained by the
23 federal department of health and human services, as required by section
24 one hundred twenty-four of the federal family support act of nineteen
25 hundred eighty-eight, for the purpose of enabling the department to
26 fulfill obligations and responsibilities otherwise incumbent upon the
27 state department of labor[.], AND
28 (d) to the federal social security administration or public agency of
29 another state with which the department has an agreement with respect to
30 wage information pursuant to paragraph (i) of subdivision three of
31 section twenty of this article, AND
32 (E) TO SOCIAL SERVICES DISTRICTS AND THE OFFICE OF CHILDREN AND FAMILY
33 SERVICES FOR THE PURPOSE OF ENABLING THE SOCIAL SERVICES DISTRICT, OR
34 THE OFFICE OF CHILDREN AND FAMILY SERVICES ON BEHALF OF SUCH SOCIAL
35 SERVICES DISTRICT, TO FULFILL ITS OBLIGATION TO DETERMINE AND VERIFY THE
36 ELIGIBILITY OF A FAMILY FOR CHILD CARE ASSISTANCE PURSUANT TO TITLE
37 FIVE-C OF ARTICLE SIX OF THIS CHAPTER.
38 S 26. Subdivision 3 of section 23 of the social services law, as
39 amended by section 2 of part V of chapter 57 of the laws of 2009, is
40 amended to read as follows:
41 3. Information obtained by the office of temporary and disability
42 assistance from the wage reporting system operated by the state depart-
43 ment of taxation and finance shall be considered confidential and shall
44 not be disclosed to persons or agencies other than those considered
45 entitled to such information when such disclosure is necessary for the
46 proper administration of programs of public assistance and care or for
47 the proper administration of the child support program pursuant to title
48 six-A of article three of this chapter, or of eligibility assessments of
49 children for federal payments for foster care and adoption assistance
50 pursuant to the provisions of title IV-E of the federal social security
51 act OR OF FAMILIES FOR CHILD CARE ASSISTANCE PURSUANT TO THE PROVISIONS
52 OF TITLE FIVE-C OF ARTICLE SIX OF THIS CHAPTER. For the purpose of this
53 subdivision, any disclosure made pursuant to subdivision one of this
54 section shall be considered necessary for the proper administration of
55 programs of public assistance and care, or of eligibility assessments of
56 children for federal payments for foster care and adoption assistance
S. 5758--A 86
1 pursuant to the provisions of title IV-E of the federal social security
2 act OR OF FAMILIES OF CHILD CARE ASSISTANCE PURSUANT TO THE PROVISIONS
3 OF TITLE FIVE-C OF ARTICLE SIX OF THIS CHAPTER; and the federal parent
4 locator service shall be considered an agency entitled to such informa-
5 tion as is necessary for the proper administration of the child support
6 program pursuant to title six-A of article three of this chapter.
7 S 27. Section 410-x of the social services law is amended by adding a
8 new subdivision 8 to read as follows:
9 8. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, CHILD CARE
10 ASSISTANCE PAYMENTS MADE PURSUANT TO THIS SECTION MAY BE MADE BY DIRECT
11 DEPOSIT OR DEBIT CARD, AS ELECTED BY THE RECIPIENT, AND ADMINISTERED
12 ELECTRONICALLY, AND IN ACCORDANCE WITH SUCH GUIDELINES, AS MAY BE SET
13 FORTH BY REGULATION OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. THE
14 OFFICE OF CHILDREN AND FAMILY SERVICES MAY ENTER INTO CONTRACTS ON
15 BEHALF OF LOCAL SOCIAL SERVICES DISTRICTS FOR SUCH DIRECT DEPOSIT OR
16 DEBIT CARD SERVICES IN ACCORDANCE WITH SECTION TWENTY-ONE-A OF THIS
17 CHAPTER.
18 S 28. Title 5-C of article 6 of the social services law is amended by
19 adding a new section 410-aa to read as follows:
20 S 410-AA. DETERMINING ELIGIBILITY FOR CHILD CARE ASSISTANCE. A SOCIAL
21 SERVICES OFFICIAL OR THE OFFICE OF CHILDREN AND FAMILY SERVICES ON
22 BEHALF OF THE SOCIAL SERVICES DISTRICT SHALL HAVE THE AUTHORITY TO MAKE
23 REQUESTS AND RECEIVE INFORMATION IN ORDER TO FULFILL THE SOCIAL SERVICES
24 DISTRICT'S OBLIGATION TO DETERMINE THE ELIGIBILITY OF A FAMILY FOR CHILD
25 CARE ASSISTANCE PURSUANT TO THIS TITLE. SUCH REQUESTS MAY INCLUDE BUT
26 ARE NOT LIMITED TO ACCESS TO INFORMATION IN THE WAGE REPORTING SYSTEM IN
27 ACCORDANCE WITH SECTION TWENTY-THREE OF THIS CHAPTER AND SECTIONS ONE
28 HUNDRED SEVENTY-ONE-A AND SIX HUNDRED NINETY-SEVEN OF THE TAX LAW.
29 S 29. Subdivision 3 of section 97-www of the state finance law, as
30 amended by section 9 of part D of chapter 58 of the laws of 2006, is
31 amended to read as follows:
32 3. Moneys of the quality child care and protection fund, following
33 appropriation by the legislature and allocation by the director of the
34 budget, shall be made available to the commissioner of the office of
35 children and family services FOR ACTIVITIES BY THE STATE AND LOCAL
36 SOCIAL SERVICES DISTRICTS TO IMPROVE THE INTEGRITY OF THE CHILD CARE
37 ASSISTANCE PROGRAM INCLUDING PREVENTING FRAUD, to provide grants to
38 child day care providers for health and safety purposes, for training of
39 child day care provider staff INCLUDING TRAINING ON THE REQUIREMENTS FOR
40 PROVIDERS CARING FOR CHILDREN RECEIVING CHILD CARE ASSISTANCE, and other
41 activities to increase the availability and/or quality of child care
42 programs.
43 S 30. Subparagraph (ii) of paragraph (a) of subdivision 3 of section
44 171-a of the tax law, as amended by section 3 of part V of chapter 57 of
45 the laws of 2009, is amended and a new subparagraph (iii) is added to
46 read as follows:
47 (ii) for the utilization by the office of temporary and disability
48 assistance of information obtained pursuant to subdivision one of this
49 section, with respect to the parents, the stepparents, the child and the
50 siblings of the child who were living in the same household as a child
51 who is in the custody, care and custody or custody and guardianship of a
52 local social services district or of the office of children and family
53 services during the month that the court proceedings leading to the
54 child's removal from the household were initiated, or the written
55 instrument transferring care and custody of the child pursuant to the
56 provisions of section three hundred fifty-eight-a or three hundred
S. 5758--A 87
1 eighty-four-a of the social services law was signed, provided however,
2 that the office of temporary and disability assistance shall only use
3 the information obtained pursuant to this subdivision, for the purpose
4 of determining the eligibility of such child for federal payments for
5 foster care and adoption assistance pursuant to the provisions of title
6 IV-E of the federal social security act. Notwithstanding any other
7 provision of law, the office of temporary and disability assistance is
8 authorized to share information obtained pursuant to this subdivision
9 with any applicable social services district, provided however, that if
10 such information is shared, that such social services district shall
11 only use the information obtained for the purpose of determining the
12 eligibility of such child for federal payments for foster care and
13 adoption assistance pursuant to the provisions of title IV-E of the
14 federal social security act; AND
15 (III) FOR THE UTILIZATION BY THE DEPARTMENT OF FAMILY ASSISTANCE OF
16 INFORMATION OBTAINED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, TO
17 DETERMINE ELIGIBILITY OF A FAMILY FOR CHILD CARE ASSISTANCE PURSUANT TO
18 TITLE FIVE-C OF ARTICLE SIX OF THE SOCIAL SERVICES LAW.
19 S 31. Paragraph 3 of subsection (e) of section 697 of the tax law, as
20 amended by chapter 182 of the laws of 2010, is amended to read as
21 follows:
22 (3) Nothing herein shall be construed to prohibit the department, its
23 officers or employees from furnishing information to the office of
24 temporary and disability assistance relating to the payment of the cred-
25 it for certain household and dependent care services necessary for gain-
26 ful employment under subsection (c) of section six hundred six of this
27 article and the earned income credit under subsection (d) of section six
28 hundred six of this article and the enhanced earned income credit under
29 subsection (d-1) of section six hundred six of this article, or pursuant
30 to a local law enacted by a city having a population of one million or
31 more pursuant to subsection (f) of section thirteen hundred ten of this
32 chapter, only to the extent necessary to calculate qualified state
33 expenditures under paragraph seven of subdivision (a) of section four
34 hundred nine of the federal social security act or to document the prop-
35 er expenditure of federal temporary assistance for needy families funds
36 under section four hundred three of such act. The office of temporary
37 and disability assistance may redisclose such information to the United
38 States department of health and human services only to the extent neces-
39 sary to calculate such qualified state expenditures or to document the
40 proper expenditure of such federal temporary assistance for needy fami-
41 lies funds. Nothing herein shall be construed to prohibit the delivery
42 by the commissioner to a commissioner of jurors, appointed pursuant to
43 section five hundred four of the judiciary law, or, in counties within
44 cities having a population of one million or more, to the county clerk
45 of such county, of a mailing list of individuals to whom income tax
46 forms are mailed by the commissioner for the sole purpose of compiling a
47 list of prospective jurors as provided in article sixteen of the judici-
48 ary law. Provided, however, such delivery shall only be made pursuant to
49 an order of the chief administrator of the courts, appointed pursuant to
50 section two hundred ten of the judiciary law. No such order may be
51 issued unless such chief administrator is satisfied that such mailing
52 list is needed to compile a proper list of prospective jurors for the
53 county for which such order is sought and that, in view of the responsi-
54 bilities imposed by the various laws of the state on the department, it
55 is reasonable to require the commissioner to furnish such list. Such
56 order shall provide that such list shall be used for the sole purpose of
S. 5758--A 88
1 compiling a list of prospective jurors and that such commissioner of
2 jurors, or such county clerk, shall take all necessary steps to insure
3 that the list is kept confidential and that there is no unauthorized use
4 or disclosure of such list. Furthermore, nothing herein shall be
5 construed to prohibit the delivery to a taxpayer or his or her duly
6 authorized representative of a certified copy of any return or report
7 filed in connection with his or her tax or to prohibit the publication
8 of statistics so classified as to prevent the identification of partic-
9 ular reports or returns and the items thereof, or the inspection by the
10 attorney general or other legal representatives of the state of the
11 report or return of any taxpayer or of any employer filed under section
12 one hundred seventy-one-h of this chapter, where such taxpayer or
13 employer shall bring action to set aside or review the tax based there-
14 on, or against whom an action or proceeding under this chapter or under
15 this chapter and article eighteen of the labor law has been recommended
16 by the commissioner, the commissioner of labor with respect to unemploy-
17 ment insurance matters, or the attorney general or has been instituted,
18 or the inspection of the reports or returns required under this article
19 by the comptroller or duly designated officer or employee of the state
20 department of audit and control, for purposes of the audit of a refund
21 of any tax paid by a taxpayer under this article, or the furnishing to
22 the state department of labor of unemployment insurance information
23 obtained or derived from quarterly combined withholding, wage reporting
24 and unemployment insurance returns required to be filed by employers
25 pursuant to paragraph four of subsection (a) of section six hundred
26 seventy-four of this article, for purposes of administration of such
27 department's unemployment insurance program, employment services
28 program, federal and state employment and training programs, employment
29 statistics and labor market information programs, worker protection
30 programs, federal programs for which the department has administrative
31 responsibility or for other purposes deemed appropriate by the commis-
32 sioner of labor consistent with the provisions of the labor law, and
33 redisclosure of such information in accordance with the provisions of
34 sections five hundred thirty-six and five hundred thirty-seven of the
35 labor law or any other applicable law, or the furnishing to the state
36 office of temporary and disability assistance of information obtained or
37 derived from New York state personal income tax returns as described in
38 paragraph (b) of subdivision two of section one hundred seventy-one-g of
39 this chapter for the purpose of reviewing support orders enforced pursu-
40 ant to title six-A of article three of the social services law to aid in
41 the determination of whether such orders should be adjusted, or the
42 furnishing of information obtained from the reports required to be
43 submitted by employers regarding newly hired or re-hired employees
44 pursuant to section one hundred seventy-one-h of this chapter to the
45 state office of temporary and disability assistance, the state depart-
46 ment of health, the state department of labor and the workers' compen-
47 sation board for purposes of administration of the child support
48 enforcement program, verification of individuals' eligibility for one or
49 more of the programs specified in subsection (b) of section eleven
50 hundred thirty-seven of the federal social security act and for other
51 public assistance programs authorized by state law, and administration
52 of the state's employment security and workers' compensation programs,
53 and to the national directory of new hires established pursuant to
54 section four hundred fifty-three-A of the federal social security act
55 for the purposes specified in such section, or the furnishing to the
56 state office of temporary and disability assistance of the amount of an
S. 5758--A 89
1 overpayment of income tax and interest thereon certified to the comp-
2 troller to be credited against past-due support pursuant to section one
3 hundred seventy-one-c of this chapter and of the name and social securi-
4 ty number of the taxpayer who made such overpayment, or the disclosing
5 to the commissioner of finance of the city of New York, pursuant to
6 section one hundred seventy-one-l of this chapter, of the amount of an
7 overpayment and interest thereon certified to the comptroller to be
8 credited against a city of New York tax warrant judgment debt and of the
9 name and social security number of the taxpayer who made such overpay-
10 ment, or the furnishing to the New York state higher education services
11 corporation of the amount of an overpayment of income tax and interest
12 thereon certified to the comptroller to be credited against the amount
13 of a default in repayment of any education loan debt, including judg-
14 ments, owed to the federal or New York state government that is being
15 collected by the New York state higher education services corporation,
16 and of the name and social security number of the taxpayer who made such
17 overpayment, or the furnishing to the state department of health of the
18 information required by paragraph (f) of subdivision two and subdivision
19 two-a of section two thousand five hundred eleven of the public health
20 law and by subdivision eight of section three hundred sixty-six-a and
21 paragraphs (b) and (d) of subdivision two of section three hundred
22 sixty-nine-ee of the social services law, or the furnishing to the state
23 university of New York or the city university of New York respectively
24 or the attorney general on behalf of such state or city university the
25 amount of an overpayment of income tax and interest thereon certified to
26 the comptroller to be credited against the amount of a default in repay-
27 ment of a state university loan pursuant to section one hundred seven-
28 ty-one-e of this chapter and of the name and social security number of
29 the taxpayer who made such overpayment, or the disclosing to a state
30 agency, pursuant to section one hundred seventy-one-f of this chapter,
31 of the amount of an overpayment and interest thereon certified to the
32 comptroller to be credited against a past-due legally enforceable debt
33 owed to such agency and of the name and social security number of the
34 taxpayer who made such overpayment, or the furnishing of employee and
35 employer information obtained through the wage reporting system, pursu-
36 ant to section one hundred seventy-one-a of this chapter, as added by
37 chapter five hundred forty-five of the laws of nineteen hundred seven-
38 ty-eight, to the state office of temporary and disability assistance,
39 the department of health or to the state office of the medicaid inspec-
40 tor general for the purpose of verifying eligibility for and entitlement
41 to amounts of benefits under the social services law or similar law of
42 another jurisdiction, locating absent parents or other persons legally
43 responsible for the support of applicants for or recipients of public
44 assistance and care under the social services law and persons legally
45 responsible for the support of a recipient of services under section one
46 hundred eleven-g of the social services law and, in appropriate cases,
47 establishing support obligations pursuant to the social services law and
48 the family court act or similar provision of law of another jurisdiction
49 for the purpose of evaluating the effect on earnings of participation in
50 employment, training or other programs designed to promote self-suffici-
51 ency authorized pursuant to the social services law by current recipi-
52 ents of public assistance and care and by former applicants and recipi-
53 ents of public assistance and care, (except that with regard to former
54 recipients, information which relates to a particular former recipient
55 shall be provided with client identifying data deleted), to the state
56 office of temporary and disability assistance for the purpose of deter-
S. 5758--A 90
1 mining the eligibility of any child in the custody, care and custody or
2 custody and guardianship of a local social services district or of the
3 office of children and family services for federal payments for foster
4 care and adoption assistance pursuant to the provisions of title IV-E of
5 the federal social security act by providing information with respect to
6 the parents, the stepparents, the child and the siblings of the child
7 who were living in the same household as such child during the month
8 that the court proceedings leading to the child's removal from the
9 household were initiated, or the written instrument transferring care
10 and custody of the child pursuant to the provisions of section three
11 hundred fifty-eight-a or three hundred eighty-four-a of the social
12 services law was signed, provided however that the office of temporary
13 and disability assistance shall only use the information obtained pursu-
14 ant to this subdivision for the purpose of determining the eligibility
15 of such child for federal payments for foster care and adoption assist-
16 ance pursuant to the provisions of title IV-E of the federal social
17 security act, AND TO THE DEPARTMENT OF FAMILY ASSISTANCE TO DETERMINE
18 ELIGIBILITY OF A FAMILY FOR CHILD CARE ASSISTANCE PURSUANT TO THE
19 PROVISIONS OF TITLE FIVE-C OF ARTICLE SIX OF THE SOCIAL SERVICES LAW,
20 and to the state department of labor, or other individuals designated by
21 the commissioner of labor, for the purpose of the administration of such
22 department's unemployment insurance program, employment services
23 program, federal and state employment and training programs, employment
24 statistics and labor market information programs, worker protection
25 programs, federal programs for which the department has administrative
26 responsibility or for other purposes deemed appropriate by the commis-
27 sioner of labor consistent with the provisions of the labor law, and
28 redisclosure of such information in accordance with the provisions of
29 sections five hundred thirty-six and five hundred thirty-seven of the
30 labor law, or the furnishing of information, which is obtained from the
31 wage reporting system operated pursuant to section one hundred seventy-
32 one-a of this chapter, as added by chapter five hundred forty-five of
33 the laws of nineteen hundred seventy-eight, to the state office of
34 temporary and disability assistance so that it may furnish such informa-
35 tion to public agencies of other jurisdictions with which the state
36 office of temporary and disability assistance has an agreement pursuant
37 to paragraph (h) or (i) of subdivision three of section twenty of the
38 social services law, and to the state office of temporary and disability
39 assistance for the purpose of fulfilling obligations and responsibil-
40 ities otherwise incumbent upon the state department of labor, under
41 section one hundred twenty-four of the federal family support act of
42 nineteen hundred eighty-eight, by giving the federal parent locator
43 service, maintained by the federal department of health and human
44 services, prompt access to such information as required by such act, or
45 to the state department of health to verify eligibility under the child
46 health insurance plan pursuant to subdivisions two and two-a of section
47 two thousand five hundred eleven of the public health law, to verify
48 eligibility under the medical assistance and family health plus programs
49 pursuant to subdivision eight of section three hundred sixty-six-a and
50 paragraphs (b) and (d) of subdivision two of section three hundred
51 sixty-nine-ee of the social services law, and to verify eligibility for
52 the program for elderly pharmaceutical insurance coverage under title
53 three of article two of the elder law, or to the office of vocational
54 and educational services for individuals with disabilities of the educa-
55 tion department, the commission for the blind and visually handicapped
56 and any other state vocational rehabilitation agency, for purposes of
S. 5758--A 91
1 obtaining reimbursement from the federal social security administration
2 for expenditures made by such office, commission or agency on behalf of
3 disabled individuals who have achieved economic self-sufficiency or to
4 the higher education services corporation for the purpose of assisting
5 the corporation in default prevention and default collection of educa-
6 tion loan debt, including judgments, owed to the federal or New York
7 state government; provided, however, that such information shall be
8 limited to the names, social security numbers, home and/or business
9 addresses, and employer names of defaulted or delinquent student loan
10 borrowers.
11 Provided, however, that with respect to employee information the
12 office of temporary and disability assistance shall only be furnished
13 with the names, social security account numbers and gross wages of those
14 employees who are (A) applicants for or recipients of benefits under the
15 social services law, or similar provision of law of another jurisdiction
16 (pursuant to an agreement under subdivision three of section twenty of
17 the social services law) or, (B) absent parents or other persons legally
18 responsible for the support of applicants for or recipients of public
19 assistance and care under the social services law or similar provision
20 of law of another jurisdiction (pursuant to an agreement under subdivi-
21 sion three of section twenty of the social services law), or (C) persons
22 legally responsible for the support of a recipient of services under
23 section one hundred eleven-g of the social services law or similar
24 provision of law of another jurisdiction (pursuant to an agreement under
25 subdivision three of section twenty of the social services law), or (D)
26 employees about whom wage reporting system information is being
27 furnished to public agencies of other jurisdictions, with which the
28 state office of temporary and disability assistance has an agreement
29 pursuant to paragraph (h) or (i) of subdivision three of section twenty
30 of the social services law, or (E) employees about whom wage reporting
31 system information is being furnished to the federal parent locator
32 service, maintained by the federal department of health and human
33 services, for the purpose of enabling the state office of temporary and
34 disability assistance to fulfill obligations and responsibilities other-
35 wise incumbent upon the state department of labor, under section one
36 hundred twenty-four of the federal family support act of nineteen
37 hundred eighty-eight, and, only if, the office of temporary and disabil-
38 ity assistance certifies to the commissioner that such persons are such
39 applicants, recipients, absent parents or persons legally responsible
40 for support or persons about whom information has been requested by a
41 public agency of another jurisdiction or by the federal parent locator
42 service and further certifies that in the case of information requested
43 under agreements with other jurisdictions entered into pursuant to
44 subdivision three of section twenty of the social services law, that
45 such request is in compliance with any applicable federal law. Provided,
46 further, that where the office of temporary and disability assistance
47 requests employee information for the purpose of evaluating the effects
48 on earnings of participation in employment, training or other programs
49 designed to promote self-sufficiency authorized pursuant to the social
50 services law, the office of temporary and disability assistance shall
51 only be furnished with the quarterly gross wages (excluding any refer-
52 ence to the name, social security number or any other information which
53 could be used to identify any employee or the name or identification
54 number of any employer) paid to employees who are former applicants for
55 or recipients of public assistance and care and who are so certified to
56 the commissioner by the commissioner of the office of temporary and
S. 5758--A 92
1 disability assistance. Provided, further, that with respect to employee
2 information, the department of health shall only be furnished with the
3 information required pursuant to the provisions of paragraph (f) of
4 subdivision two and subdivision two-a of section two thousand five
5 hundred eleven of the public health law and subdivision eight of section
6 three hundred sixty-six-a and paragraphs (b) and (d) of subdivision two
7 of section three hundred sixty-nine-ee of the social services law, with
8 respect to those individuals whose eligibility under the child health
9 insurance plan, medical assistance program, and family health plus
10 program is to be determined pursuant to such provisions and with respect
11 to those members of any such individual's household whose income affects
12 such individual's eligibility and who are so certified to the commis-
13 sioner or by the department of health. Provided, further, that wage
14 reporting information shall be furnished to the office of vocational and
15 educational services for individuals with disabilities of the education
16 department, the commission for the blind and visually handicapped and
17 any other state vocational rehabilitation agency only if such office,
18 commission or agency, as applicable, certifies to the commissioner that
19 such information is necessary to obtain reimbursement from the federal
20 social security administration for expenditures made on behalf of disa-
21 bled individuals who have achieved self-sufficiency. Reports and returns
22 shall be preserved for three years and thereafter until the commissioner
23 orders them to be destroyed.
24 S 32. The family court act is amended by adding a new section 654 to
25 read as follows:
26 S 654. COURT ORDERED INVESTIGATIONS. IF A FAMILY COURT JUDGE HAS
27 REASONABLE CAUSE TO SUSPECT THAT A CHILD IN A PROCEEDING UNDER THIS PART
28 MAY BE AN ABUSED OR NEGLECTED CHILD AS DEFINED IN SUBDIVISIONS (E) AND
29 (F) OF SECTION ONE THOUSAND TWELVE OF THIS CHAPTER, THE COURT MAY ORDER
30 THE CHILD PROTECTIVE SERVICES OF THE APPROPRIATE SOCIAL SERVICES
31 DISTRICT TO CONDUCT A CHILD PROTECTIVE INVESTIGATION ONLY AS DESCRIBED
32 BY THE SOCIAL SERVICES LAW AND REPORT ITS FINDINGS TO THE COURT. THE
33 COURT SHALL SET FORTH IN SUCH ORDER THE REASONABLE CAUSE TO SUSPECT THAT
34 A CHILD MAY BE AN ABUSED OR NEGLECTED CHILD. THE TIMEFRAME FOR
35 COMPLETION OF SUCH INVESTIGATION SHALL NOT BE LESS THAN THAT PROVIDED
36 UNDER SECTION FOUR HUNDRED TWENTY-FOUR OF THE SOCIAL SERVICES LAW. THE
37 COURT MAY DIRECT THAT THE CHILD PROTECTIVE SERVICES PROVIDE THE COURT
38 WITH THE SEVEN-DAY PRELIMINARY WRITTEN REPORT OF THE INITIAL INVESTI-
39 GATION FROM SUBDIVISION THREE OF SECTION FOUR HUNDRED TWENTY-FOUR OF THE
40 SOCIAL SERVICES LAW.
41 S 33. The family court act is amended by adding a new section 662-a to
42 read as follows:
43 S 662-A. COURT ORDERED INVESTIGATIONS. IF A FAMILY COURT JUDGE HAS
44 REASONABLE CAUSE TO SUSPECT THAT A CHILD IN A PROCEEDING UNDER THIS PART
45 MAY BE AN ABUSED OR NEGLECTED CHILD AS DEFINED IN SUBDIVISIONS (E) AND
46 (F) OF SECTION ONE THOUSAND TWELVE OF THIS CHAPTER, THE COURT MAY ORDER
47 THE CHILD PROTECTIVE SERVICES OF THE APPROPRIATE SOCIAL SERVICES
48 DISTRICT TO CONDUCT A CHILD PROTECTIVE INVESTIGATION ONLY AS DESCRIBED
49 BY THE SOCIAL SERVICES LAW AND REPORT ITS FINDINGS TO THE COURT. THE
50 COURT SHALL SET FORTH IN SUCH ORDER THE REASONABLE CAUSE TO SUSPECT THAT
51 A CHILD MAY BE AN ABUSED OR NEGLECTED CHILD. THE TIMEFRAME FOR
52 COMPLETION OF SUCH INVESTIGATION SHALL NOT BE LESS THAN THAT PROVIDED
53 UNDER SECTION FOUR HUNDRED TWENTY-FOUR OF THE SOCIAL SERVICES LAW. THE
54 COURT MAY DIRECT THAT THE CHILD PROTECTIVE SERVICES PROVIDE THE COURT
55 WITH THE SEVEN-DAY PRELIMINARY WRITTEN REPORT OF THE INITIAL INVESTI-
S. 5758--A 93
1 GATION FROM SUBDIVISION THREE OF SECTION FOUR HUNDRED TWENTY-FOUR OF THE
2 SOCIAL SERVICES LAW.
3 S 34. Subdivision 1 of section 1034 of the family court act, as
4 amended by chapter 627 of the laws of 1978 and the opening paragraph as
5 amended by chapter 329 of the laws of 2009, is amended to read as
6 follows:
7 1. [A] (A) IF A family court judge HAS REASONABLE CAUSE TO SUSPECT
8 THAT A CHILD MAY BE AN ABUSED OR NEGLECTED CHILD AS DEFINED IN SUBDIVI-
9 SIONS (E) AND (F) OF SECTION ONE THOUSAND TWELVE OF THIS ARTICLE, THE
10 COURT may order the child protective [service] SERVICES of the appropri-
11 ate social services district to conduct a child protective investigation
12 ONLY as described by the social services law and report its findings to
13 the court:
14 [(a)] (I) in any proceedings under this article, or
15 [(b)] (II) in ANY PROCEEDING UNDER PART THREE OR FOUR OF ARTICLE SIX
16 OR UNDER ARTICLE SEVEN OF THIS CHAPTER, IN order to determine whether a
17 proceeding under this article should be initiated.
18 (B) THE COURT SHALL SET FORTH IN SUCH ORDER THE REASONABLE CAUSE TO
19 SUSPECT THAT A CHILD MAY BE AN ABUSED OR NEGLECTED CHILD.
20 (C) THE TIMEFRAME FOR COMPLETION OF SUCH INVESTIGATION SHALL NOT BE
21 LESS THAN THAT PROVIDED UNDER SECTION FOUR HUNDRED TWENTY-FOUR OF THE
22 SOCIAL SERVICES LAW. THE COURT MAY DIRECT THAT THE CHILD PROTECTIVE
23 SERVICES PROVIDE THE COURT WITH THE SEVEN-DAY PRELIMINARY WRITTEN REPORT
24 OF THE INITIAL INVESTIGATION FROM SUBDIVISION THREE OF SECTION FOUR
25 HUNDRED TWENTY-FOUR OF THE SOCIAL SERVICES LAW.
26 S 35. The family court act is amended by adding a new section 159 to
27 read as follows:
28 S 159. TESTIMONY AND ATTENDANCE BY TELEPHONE, AUDIO-VISUAL MEANS, OR
29 OTHER ELECTRONIC MEANS. (A) WHERE THE COURT HAS GRANTED AN APPLICATION
30 TO PERMIT A PARTY OR INTERESTED PERSON TO ATTEND, OR A WITNESS TO TESTI-
31 FY BY TELEPHONIC, AUDIO-VISUAL, OR OTHER ELECTRONIC MEANS IN ACCORDANCE
32 WITH THE PROVISIONS OF SECTION 302.4, SEVEN HUNDRED NINETEEN, ONE THOU-
33 SAND NINETEEN OR ONE THOUSAND EIGHTY-SIX-A OF THIS CHAPTER, OR THE
34 PROVISIONS OF SECTION THREE HUNDRED EIGHTY-FOUR-B OF THE SOCIAL SERVICES
35 LAW, ANY TESTIMONY TAKEN BY TELEPHONIC, AUDIO-VISUAL, OR OTHER ELECTRON-
36 IC MEANS SHALL BE RECORDED AND PRESERVED FOR TRANSCRIPTION.
37 (B) WHERE A PARTY, AN INTERESTED PERSON OR WITNESS TESTIFIES BY TELE-
38 PHONIC, AUDIO-VISUAL, OR OTHER ELECTRONIC MEANS DOCUMENTARY EVIDENCE
39 REFERRED TO BY A PARTY, AN INTERESTED PERSON, A WITNESS OR THE COURT MAY
40 BE TRANSMITTED BY FACSIMILE, TELECOPIER, OR OTHER ELECTRONIC MEANS AND
41 MAY NOT BE EXCLUDED FROM EVIDENCE BY REASON OF AN OBJECTION BASED ON THE
42 MEANS OF TRANSMISSION OR THE FACT THAT THE ORIGINAL DOCUMENT IS NOT
43 BEFORE THE COURT.
44 (C) THE CHIEF ADMINISTRATOR OF THE COURTS SHALL PROMULGATE RULES TO
45 FACILITATE THE TAKING OF TESTIMONY BY TELEPHONIC, AUDIO-VISUAL OR OTHER
46 ELECTRONIC MEANS AND THE TRANSMISSION OF DOCUMENTARY EVIDENCE BY FACSIM-
47 ILE, TELECOPIER OR OTHER ELECTRONIC MEANS.
48 S 36. The family court act is amended by adding a new section 302.4 to
49 read as follows:
50 S 302.4. TESTIMONY AND ATTENDANCE BY TELEPHONE, AUDIO-VISUAL MEANS OR
51 OTHER ELECTRONIC MEANS. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE
52 COURT MAY PERMIT A PARTY OR AN INTERESTED PERSON TO ATTEND, OR A WITNESS
53 TO TESTIFY AT A PRELIMINARY COURT PROCEEDING, DISPOSITIONAL OR PERMANEN-
54 CY HEARING BY TELEPHONIC, AUDIO-VISUAL, OR OTHER ELECTRONIC MEANS, AS
55 AVAILABLE, AT A DESIGNATED FAMILY COURT OR OTHER ACCEPTABLE LOCATION
56 WHERE:
S. 5758--A 94
1 1. SUCH PARTY, INTERESTED PERSON OR WITNESS RESIDES IN A COUNTY OTHER
2 THAN THAT OF THE FAMILY COURT WHERE THE CASE IS PENDING;
3 2. SUCH PARTY, INTERESTED PERSON OR WITNESS IS PRESENTLY INCARCERATED
4 AND WILL BE INCARCERATED ON THE DATE ON WHICH THE MATTER IS SCHEDULED TO
5 BE HEARD;
6 3. THE COURT DETERMINES THAT IT WOULD BE AN UNDUE HARDSHIP FOR SUCH
7 PARTY, INTERESTED PERSON, OR WITNESS TO ATTEND OR TESTIFY AT THE FAMILY
8 COURT WHERE THE CASE IS PENDING;
9 4. ALL PARTIES CONCUR; OR
10 5. OTHER GOOD CAUSE IS SHOWN.
11 S 37. The family court act is amended by adding a new section 719 to
12 read as follows:
13 S 719. TESTIMONY AND ATTENDANCE BY TELEPHONE, AUDIO-VISUAL MEANS OR
14 OTHER ELECTRONIC MEANS. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE
15 COURT MAY PERMIT A PARTY OR AN INTERESTED PERSON TO ATTEND, OR A WITNESS
16 TO TESTIFY AT A PRELIMINARY COURT PROCEEDING, DISPOSITIONAL OR PERMANEN-
17 CY HEARING BY TELEPHONIC, AUDIO-VISUAL OR OTHER ELECTRONIC MEANS, AS
18 AVAILABLE, AT A DESIGNATED FAMILY COURT OR OTHER ACCEPTABLE LOCATION
19 WHERE:
20 (A) SUCH PARTY, INTERESTED PERSON, OR WITNESS RESIDES IN A COUNTY
21 OTHER THAN THAT OF THE FAMILY COURT WHERE THE CASE IS PENDING;
22 (B) SUCH PARTY, INTERESTED PERSON OR WITNESS IS PRESENTLY INCARCERATED
23 AND WILL BE INCARCERATED ON THE DATE ON WHICH THE MATTER IS SCHEDULED TO
24 BE HEARD;
25 (C) THE COURT DETERMINES THAT IT WOULD BE AN UNDUE HARDSHIP FOR SUCH
26 PARTY, INTERESTED PERSON, OR WITNESS TO ATTEND OR TESTIFY AT THE FAMILY
27 COURT WHERE THE CASE IS PENDING;
28 (D) ALL PARTIES CONCUR; OR
29 (E) OTHER GOOD CAUSE IS SHOWN.
30 S 38. The family court act is amended by adding a new section 1019 to
31 read as follows:
32 S 1019. TESTIMONY AND ATTENDANCE BY TELEPHONE, AUDIO-VISUAL MEANS OR
33 OTHER ELECTRONIC MEANS. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE
34 COURT MAY PERMIT A PARTY OR AN INTERESTED PERSON TO ATTEND, OR A WITNESS
35 TO TESTIFY, AT A PRELIMINARY COURT PROCEEDING OR DISPOSITIONAL HEARING
36 BY TELEPHONIC, AUDIO-VISUAL OR OTHER ELECTRONIC MEANS, AS AVAILABLE, AT
37 A DESIGNATED FAMILY COURT OR OTHER ACCEPTABLE LOCATION WHERE:
38 (A) SUCH PARTY, INTERESTED PERSON OR WITNESS RESIDES IN A COUNTY OTHER
39 THAN THAT OF THE FAMILY COURT WHERE THE CASE IS PENDING;
40 (B) SUCH PARTY, INTERESTED PERSON OR WITNESS IS PRESENTLY INCARCERATED
41 AND WILL BE INCARCERATED ON THE DATE ON WHICH THE MATTER IS SCHEDULED TO
42 BE HEARD;
43 (C) THE COURT DETERMINES THAT IT WOULD BE AN UNDUE HARDSHIP FOR SUCH
44 PARTY, INTERESTED PERSON, OR WITNESS TO ATTEND OR TESTIFY AT THE FAMILY
45 COURT WHERE THE CASE IS PENDING;
46 (D) ALL PARTIES CONCUR; OR
47 (E) OTHER GOOD CAUSE IS SHOWN.
48 S 39. The family court act is amended by adding a new section 1086-a
49 to read as follows:
50 S 1086-A. TESTIMONY AND ATTENDANCE BY TELEPHONE, AUDIO-VISUAL MEANS OR
51 OTHER ELECTRONIC MEANS. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE
52 COURT MAY PERMIT A PARTY OR AN INTERESTED PERSON TO ATTEND, OR A WITNESS
53 TO TESTIFY AT, SUCH PERMANENCY HEARING BY TELEPHONIC, AUDIO-VISUAL OR
54 OTHER ELECTRONIC MEANS, AS AVAILABLE, AT A DESIGNATED FAMILY COURT OR
55 OTHER ACCEPTABLE LOCATION WHERE:
S. 5758--A 95
1 (A) SUCH PARTY, INTERESTED PERSON OR WITNESS RESIDES IN A COUNTY OTHER
2 THAN THAT OF THE FAMILY COURT WHERE THE CASE IS PENDING;
3 (B) SUCH PARTY, INTERESTED PERSON OR WITNESS IS PRESENTLY INCARCERATED
4 AND WILL BE INCARCERATED ON THE DATE ON WHICH THE MATTER IS SCHEDULED TO
5 BE HEARD;
6 (C) THE COURT DETERMINES THAT IT WOULD BE AN UNDUE HARDSHIP FOR SUCH
7 PARTY, INTERESTED PERSON OR WITNESS TO ATTEND OR TESTIFY AT THE FAMILY
8 COURT WHERE THE CASE IS PENDING;
9 (D) THE PARTIES CONCUR; OR
10 (E) OTHER GOOD CAUSE IS SHOWN.
11 S 40. Subdivision 3 of section 384-b of the social services law is
12 amended by adding two new paragraphs (m) and (n) to read as follows:
13 (M) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE COURT MAY PERMIT AN
14 INCARCERATED PARENT OR GUARDIAN TO ATTEND OR TESTIFY BY TELEPHONIC,
15 AUDIO-VISUAL OR OTHER ELECTRONIC MEANS AT A FACT-FINDING HEARING IN
16 ACCORDANCE WITH THIS SECTION WHERE:
17 (I) THE COURT RECEIVES PROOF OF: (A) PROPER SERVICE UPON THE PARENT OR
18 GUARDIAN OF THE PETITION TO TERMINATE PARENTAL RIGHTS OF SUCH PARENT OR
19 GUARDIAN; AND (B) THAT REASONABLE AND SUBSTANTIAL EFFORTS TO SECURE THE
20 PRESENCE OF THE INCARCERATED PARENT OR GUARDIAN AT SUCH PROCEEDING WERE
21 MADE; AND
22 (II) THE INCARCERATED PARENT OR GUARDIAN (A) IS REPRESENTED BY COUN-
23 SEL; (B) IS AFFORDED THE OPPORTUNITY TO HAVE A PERSONAL REPRESENTATIVE
24 PRESENT AT SUCH PROCEEDING; AND (C) HAS ELECTED IN WRITING OR ON THE
25 RECORD TO APPEAR BY SUCH TELEPHONIC, AUDIO-VISUAL, OR OTHER ELECTRONIC
26 MEANS AS ARE AVAILABLE. NOTHING CONTAINED HEREIN SHALL BE DEEMED TO
27 CREATE ANY RIGHT BEYOND THAT SET FORTH IN SECTION TWO HUNDRED SIXTY-TWO
28 OF THE FAMILY COURT ACT TO REPRESENTATION BY COUNSEL IN TERMINATION OF
29 PARENTAL RIGHTS PROCEEDINGS.
30 (N) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE COURT MAY PERMIT A
31 PARTY OR AN INTERESTED PERSON TO ATTEND, OR A WITNESS TO TESTIFY, OTHER
32 THAN AT A FACT-FINDING HEARING, BY TELEPHONIC, AUDIO-VISUAL OR OTHER
33 ELECTRONIC MEANS AT A DESIGNATED FAMILY COURT OR OTHER ACCEPTABLE
34 LOCATION WHERE:
35 (I) SUCH PARTY, INTERESTED PERSON OR WITNESS RESIDES IN A COUNTY OTHER
36 THAN THAT OF THE FAMILY COURT WHERE THE CASE IS PENDING;
37 (II) SUCH PARTY, INTERESTED PERSON, OR WITNESS IS PRESENTLY INCARCER-
38 ATED AND WILL BE INCARCERATED ON THE DATE ON WHICH THE MATTER IS SCHED-
39 ULED TO BE HEARD;
40 (III) THE COURT DETERMINES THAT IT WOULD BE AN UNDUE HARDSHIP FOR SUCH
41 PARTY, INTERESTED PERSON OR WITNESS TO ATTEND OR TESTIFY AT THE FAMILY
42 COURT WHERE THE CASE IS PENDING;
43 (IV) ALL PARTIES CONCUR; OR
44 (V) OTHER GOOD CAUSE IS SHOWN.
45 S 41. Subdivision 2 of section 378 of the social services law, as
46 amended by chapter 555 of the laws of 1978, is amended to read as
47 follows:
48 2. Such certificates and licenses shall be valid for not more than
49 [one year] TWO YEARS after date of issue but may be renewed or extended
50 subject to regulations established by the [department] OFFICE OF CHIL-
51 DREN AND FAMILY SERVICES.
52 S 42. Paragraph (c) of subdivision 5 of section 421 of the social
53 services law, as added by chapter 525 of the laws of 2006, is amended to
54 read as follows:
55 (c) require all persons assigned to be a supervisor by a child protec-
56 tive service on or after April first, nineteen hundred eighty-six, shall
S. 5758--A 96
1 have satisfactorily completed, within the first three months of employ-
2 ment as a supervisor [or within three months of the effective date of
3 this paragraph, whichever shall occur first], a course in the fundamen-
4 tals of child protection developed by the office of children and family
5 services. Such training course shall, among other things, strengthen and
6 expand current training procedures for child protective service supervi-
7 sors; provide the skills, knowledge and standards to practice effective
8 case planning and case management; provide comprehensive assessment
9 tools needed in critical decision making; require participation in the
10 existing common core training required by child protective service case-
11 workers IF SUCH PERSON HAS NOT COMPLETED COMMON CORE TRAINING WITHIN THE
12 LAST FIVE YEARS; strengthen recognition and response to safety and risk
13 indicators; improve skills to promote consistent implementation of
14 training and practice; provide the necessary tools and assistance to
15 build the ability to coach and monitor child protective service case-
16 workers and model effective investigation practice; increase cultural
17 competency and sensitivity; and establish an annual in service training
18 program specifically focused on child protective service supervisors.
19 S 42-a. Paragraph (b) of subdivision 1, subdivisions 2, 3, 4, 5, and
20 paragraph (c) of subdivision 6 of section 34-a of the social services
21 law, paragraph (b) of subdivision 1 as amended by chapter 231 of the
22 laws of 1987, subdivision 2 as amended by chapter 677 of the laws of
23 1985, subdivisions 3 and 5 as added by chapter 681 of the laws of 1981,
24 subdivision 4 as amended by section 18 of part E of chapter 57 of the
25 laws of 2005, paragraph (b) of subdivision 4 as amended by section 61 of
26 part A of chapter 56 of the laws of 2010, and paragraph (c) of subdivi-
27 sion 6 as added by chapter 160 of the laws of 2004, are amended to read
28 as follows:
29 (b) [Commencing with the years following preparation of the multi-year
30 consolidated services plan, each] EACH local district shall [also] be
31 required BY THE COMMISSIONER to prepare [an annual implementation
32 report] OTHER REPORTS OR UPDATES TO THE MULTI-YEAR SERVICES PLAN TO
33 DESCRIBE ANY SIGNIFICANT CHANGES TO THE SERVICES PLAN THAT OCCUR DURING
34 THE FIVE-YEAR PLAN CYCLE. AS USED IN THIS SECTION, "SIGNIFICANT CHANGE"
35 TO THE PLAN SHALL BE DEFINED AS ANY CHANGE TO THE PLAN THAT: MODIFIES
36 THE ELIGIBILITY STANDARDS FOR SERVICES WHERE SUCH STANDARDS ARE AT THE
37 LOCAL DISTRICT'S OPTION; OR DISCONTINUES, REDUCES OR RESTRICTS THE
38 AVAILABILITY OF EXISTING SERVICES.
39 2. [(a)] The commissioner shall have authority to promulgate regu-
40 lations specifying the contents of both the multi-year services plan and
41 [the annual implementation] ANY OTHER REQUIRED reports OR UPDATES,
42 provided however that such regulations shall not be inconsistent with
43 the standards of review by the commissioner of such plan and reports
44 specified in subdivision four of this section.
45 [(b) The regulations promulgated pursuant to paragraph (a) of this
46 subdivision shall require the multi-year services plan and where appro-
47 priate the annual implementation reports, to include a summary of the
48 understanding between the local social services district and the
49 district attorney's office, which outlines the cooperative procedures to
50 be followed by both parties in investigating incidents of child abuse
51 and maltreatment, consistent with their respective obligations for the
52 investigation or prosecution of such incidents, as otherwise required by
53 law.]
54 3. (a) (I) There shall be a public [hearing] PARTICIPATION PROCESS TO
55 PROVIDE PUBLIC COMMENT on the multi-year services plan [or each annual
56 implementation report. Commencing in nineteen hundred eighty-two, such
S. 5758--A 97
1 public hearing shall be held only after fifteen days notice is]. THIS
2 PROCESS MUST BE EASILY ACCESSIBLE TO THE PUBLIC AND MAY INCLUDE USE OF
3 THE INTERNET, A PUBLIC HEARING PROCESS, OR OTHER APPROPRIATE MEANS.
4 NOTICE OF THE PROPOSED PLAN SUBMISSION AND THE PUBLIC PARTICIPATION
5 PROCESS MUST BE provided in a newspaper of general circulation within
6 the county, BY POSTING ON THE COUNTY AND THE SOCIAL SERVICES DISTRICT
7 WEBSITE, BY SIGNAGE WITHIN THE DISTRICT'S OFFICES AND OTHER PUBLIC
8 BUILDINGS, OR BY OTHER MEANS OF BROAD DISTRIBUTION. Such notice shall
9 specifically identify HOW TO ACCESS THE PROPOSED COUNTY PLAN, THE PUBLIC
10 PARTICIPATION PROCESS, the times [of the public hearing in which] FOR
11 RECEIPT OF COMMENTS AND THE MANNER IN WHICH SUCH COMMENTS MAY BE SUBMIT-
12 TED ON the child protective services and other services components of
13 the multi-year services plan or [annual implementation] OTHER REQUIRED
14 reports [are to be considered] OR UPDATES REQUIRING PUBLIC
15 PARTICIPATION.
16 (II) IF THE LOCAL DISTRICT CHOOSES A PUBLIC PARTICIPATION PROCESS
17 PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, THAT DOES NOT INVOLVE A
18 PUBLIC HEARING PROCESS, THE LOCAL DISTRICT SHALL POST ON THE COUNTY OR
19 SOCIAL SERVICES DISTRICT WEBSITE, PUBLIC COMMENTS RECEIVED WHICH ARE
20 RELEVANT TO ASPECTS OF POLICIES PROPOSED IN THE MULTI-YEAR SERVICES
21 PLAN. THE LOCAL DISTRICT SHALL FURTHER POST ON ITS WEBSITE OR THE
22 WEBSITE FOR THE COUNTY, HOW COMMENTS RECEIVED AS PART OF THE PUBLIC
23 PARTICIPATION PROCESS WERE ADDRESSED, IN THE PROPOSED MULTI-YEAR
24 SERVICES PLAN.
25 (b) [Commencing in nineteen hundred eighty-two, after such hearing]
26 FOLLOWING COMPLETION OF THE PUBLIC PARTICIPATION PROCESS, the multi-year
27 services plan or [the annual implementation] OTHER REQUIRED reports OR
28 UPDATES shall be submitted for approval to the chief executive officer
29 of the county or to the legislative body in those counties without a
30 chief executive officer. Full approval of the multi-year services plan
31 or [of the annual implementation report] OTHER REQUIRED REPORTS OR
32 UPDATES by the chief executive officer or legislative body shall be
33 required before submission of such plan or report to the commissioner.
34 (c) [Commencing in nineteen hundred eighty-two, the] THE multi-year
35 services plan [or the annual implementation reports] OR OTHER REQUIRED
36 REPORTS OR UPDATES shall not be forwarded to the commissioner until at
37 least fifteen days have passed from the [date] END of the public [hear-
38 ing thereon] PARTICIPATION PROCESS, IF REQUIRED.
39 4. (a) Except as provided in paragraph (b) of this subdivision, the
40 commissioner shall review both the multi-year services plan and [the
41 annual implementation] ANY OTHER REQUIRED reports OR UPDATES submitted
42 by the social services district, using standards consistent with the
43 provisions of sections [one hundred thirty-one-1,] four hundred nine-d
44 and four hundred twenty-three of this chapter, and shall notify such
45 district, in writing, of approval of such plan [or reports], REPORT OR
46 UPDATE in whole or in part; provided, however, that for any portions not
47 approved, the commissioner shall in writing to the district specify the
48 portions not approved, the reasons for such determination, the actions
49 required for resubmittal of such portions, and the time period of resub-
50 mittal; and provided further, that disapproval of a portion of such plan
51 [or], report OR UPDATE shall not render the entire plan [or], report OR
52 UPDATE invalid. No portion of the multi-year services plan or [of the
53 annual implementation reports] OTHER REPORT OR UPDATE shall be finally
54 disapproved until the district has had at least one opportunity for
55 resubmittal. Upon resubmittal, or if no resubmittal is made within the
56 time specified, the commissioner may grant further extensions to the
S. 5758--A 98
1 district to allow it to resubmit any unapproved portions, or may finally
2 disapprove such portions. Any social services district aggrieved by a
3 final disapproval of the commissioner under this section shall have the
4 right to a fair hearing in accordance with the appropriate provisions of
5 this chapter. An adverse fair hearing decision shall be reviewable
6 pursuant to article seventy-eight of the civil practice law and rules.
7 State reimbursement may be withheld for all or a portion of a local
8 district's activities, if the multi-year services plan, [annual imple-
9 mentation report,] OTHER REQUIRED REPORT, UPDATE or portions [of either]
10 THEREOF are disapproved.
11 (b) The commissioner of the office of children and family services
12 shall review and approve or disapprove the diversion services portion of
13 the plan jointly with the director of the office of probation and
14 correctional alternatives or any other successor agency or entity. The
15 requirements for the portion of the plan and report regarding the
16 provision of diversion services shall be jointly established by the
17 commissioner of the office of children and family services and the
18 director of the office of probation and correctional alternatives or any
19 other successor agency or entity. The multi-year services plan and where
20 appropriate [the annual implementation] OTHER REQUIRED reports OR
21 UPDATES shall be based upon a written understanding between the local
22 social services district and the probation department which outlines the
23 cooperative procedures to be followed by both parties regarding diver-
24 sion services pursuant to section seven hundred thirty-five of the fami-
25 ly court act, consistent with their respective obligations as otherwise
26 required by law.
27 5. The commissioner shall promulgate regulations concerning the time
28 by which:
29 (a) each local social services district shall submit its multi-year
30 services plan and [annual implementation report] OTHER REQUIRED REPORTS
31 OR UPDATES;
32 (b) the commissioner shall, in writing, notify a local district of
33 approval or disapproval of all or parts of such district's multi-year
34 services plan or [annual implementation] OTHER REQUIRED reports OR
35 UPDATES; and
36 (c) each local social services district shall submit a revised version
37 of its multi-year services plan or [annual implementation report] OTHER
38 REQUIRED REPORTS OR UPDATES, or parts thereof.
39 (c) The office of children and family services may waive any regulato-
40 ry requirements relating to the content and timing of multi-year consol-
41 idated services plans and [annual implementation] OTHER REQUIRED reports
42 OR UPDATES that may impede the ability of a county to implement a county
43 child and family services plan.
44 S 42-b. Paragraph (a) of subdivision 2 and subparagraph (ii) of para-
45 graph (e) of subdivision 4 of section 153-k of the social services law,
46 as added by section 15 of part C of chapter 83 of the laws of 2002, are
47 amended to read as follows:
48 (a) Notwithstanding the provisions of this chapter or of any other law
49 to the contrary, eligible expenditures by a social services district for
50 foster care services shall be subject to reimbursement with state funds
51 only to the extent of annual appropriations to the state foster care
52 block grant. Such foster care services shall include expenditures for
53 the provision and administration of: care, maintenance, supervision and
54 tuition; supervision of foster children placed in federally funded job
55 corps programs; and care, maintenance, supervision and tuition for adju-
56 dicated juvenile delinquents and persons in need of supervision placed
S. 5758--A 99
1 in residential programs operated by authorized agencies and in out-of-
2 state residential programs. Social services districts must develop and
3 implement children and family services delivery systems that are
4 designed to reduce the need for and the length of foster care placements
5 and must document their efforts in the multi-year consolidated services
6 plan and [the annual implementation] OTHER REQUIRED reports OR UPDATES
7 submitted pursuant to section thirty-four-a of this chapter.
8 (ii) Such a plan may include requests for a waiver of any statutory or
9 regulatory requirements established pursuant to sections thirty-four-a,
10 four hundred nine-d and four hundred nine-e of this chapter regarding
11 the form, content, development, or amendment of the child welfare
12 services plan component of the multi-year services plan and [the annual
13 implementation] OTHER REQUIRED reports OR UPDATES, family services plans
14 and uniform case records.
15 S 42-c. Section 409-d of the social services law, as added by chapter
16 611 of the laws of 1979, subdivisions 1 and 2 as amended and paragraph
17 (a) of subdivision 3 as added by chapter 231 of the laws of 1987, is
18 amended to read as follows:
19 S 409-d. District-wide child welfare services plan. 1. Each social
20 services district shall prepare and submit to the [department] OFFICE OF
21 CHILDREN AND FAMILY SERVICES, in such form and manner and times as [the
22 department] SUCH OFFICE shall by regulation require, a district-wide
23 child welfare services plan which shall be a component of the district's
24 multi-year consolidated services plan setting forth REQUESTED INFORMA-
25 TION ABOUT: the child welfare services needs of children and families
26 for whom the social services district is or may be responsible[; histor-
27 ic program and fiscal trends of the district in the level of care, main-
28 tenance and services provided to children and their families, including
29 but not limited to expenditure trends], THE CHILD WELFARE SERVICES
30 PROVIDED AND THE children and families served [and costs of services
31 provided; an assessment of projected program and fiscal requirements of
32 the district in meeting identified needs in the next state fiscal year;
33 and a description of the resources known to be available or likely to
34 become available to meet those needs. Commencing the year following
35 preparation of a multi-year consolidated services plan, each]. WHERE
36 APPLICABLE, THE social services district shall prepare an [annual imple-
37 mentation report] UPDATE related to its child welfare services plan TO
38 DESCRIBE ANY SIGNIFICANT CHANGES TO THE PLAN DURING THE FIVE-YEAR PLAN
39 CYCLE. AS USED IN THIS SECTION, "SIGNIFICANT CHANGE" TO THE PLAN SHALL
40 BE DEFINED AS ANY CHANGE TO THE PLAN THAT: MODIFIES THE ELIGIBILITY
41 STANDARDS FOR SERVICES WHERE SUCH STANDARDS ARE AT THE LOCAL DISTRICT'S
42 OPTION; OR DISCONTINUES, REDUCES, OR RESTRICTS THE AVAILABILITY OF
43 EXISTING SERVICES. As used in this section "services" shall mean and
44 include preventive services, foster care maintenance and services, and
45 adoption services. Such regulations shall [include but need not be
46 limited to criteria and methodology for determining child welfare
47 services needs and the adequacy of the resources known to be available
48 or likely to become available to meet those needs], TO THE EXTENT PRAC-
49 TICABLE, BE LIMITED TO REQUIRING THE INFORMATION NECESSARY FOR THE STATE
50 TO MEET FEDERAL REPORTING REQUIREMENTS AND STATE STATUTORY REQUIREMENTS,
51 AND, TO THE EXTENT PRACTICABLE, PROVIDE A MECHANISM FOR LOCALITIES TO
52 AVOID HAVING TO REPORT DUPLICATE INFORMATION TO MULTIPLE STATE AGENCIES.
53 2. The child welfare services plan and [annual implementation] ANY
54 OTHER REQUIRED reports OR UPDATES shall be developed by the district in
55 consultation with other government agencies concerned with the welfare
56 of children residing in the district, authorized agencies, and other
S. 5758--A 100
1 concerned individuals and organizations. The plan AND OTHER REQUIRED
2 REPORTS AND UPDATES as submitted to the [department] OFFICE OF CHILDREN
3 AND FAMILY SERVICES for approval and as approved by [the department]
4 SUCH OFFICE shall be made available to such agencies, individuals and
5 organizations upon request.
6 3. (a) Each social services district shall submit its child welfare
7 services plan and [annual implementation] OTHER REQUIRED reports OR
8 UPDATES pertaining to this plan to the [department] OFFICE OF CHILDREN
9 AND FAMILY SERVICES as a component of the multi-year consolidated
10 services plan and [subsequent annual implementation reports and the
11 department] SUCH OFFICE shall review and approve or disapprove the
12 proposed plan OR OTHER REQUIRED REPORTS OR UPDATES in accordance with
13 the procedures set forth in section thirty-four-a of this chapter.
14 (b) Such plan OR OTHER REQUIRED REPORTS OR UPDATES shall not be
15 approved unless:
16 (i) it complies with the provisions of this section;
17 (ii) it demonstrates that child welfare services included in the plan
18 are appropriate to meet the assessed needs of the children and families
19 for whom the social services district is or may be responsible;
20 (iii) it is consistent with applicable provisions of this chapter and
21 regulations of [the department] SUCH OFFICE promulgated thereunder; and
22 (iv) it is in the format and includes such standardized information
23 [and data] as may be required by [the department] SUCH OFFICE to effec-
24 tively evaluate such [plans] PLAN, REPORT OR UPDATE.
25 S 42-d. Paragraph (a) of subdivision 3 of section 423 of the social
26 services law, as amended by chapter 231 of the laws of 1987 and such
27 paragraph as designated by chapter 707 of the laws of 1988, is amended
28 to read as follows:
29 (a) Each social services district shall prepare and submit to the
30 commissioner, after consultation with local law enforcement agencies,
31 the family court and appropriate public or voluntary agencies [including
32 societies for the prevention of cruelty to children] and after [a] AN
33 OPPORTUNITY FOR public [hearing] PARTICIPATION, a district-wide plan, as
34 prescribed by the commissioner, for the provision of child protective
35 services which shall be a component of the district's multi-year consol-
36 idated services plan. [This]
37 (B) THE PARTICIPATION PROCESS TO PROVIDE PUBLIC COMMENT MUST BE EASILY
38 ACCESSIBLE TO THE PUBLIC AND MAY INCLUDE USE OF THE INTERNET, A PUBLIC
39 HEARING PROCESS, OR OTHER APPROPRIATE MEANS. NOTICE OF THE PROPOSED
40 DISTRICT WIDE PLAN SUBMISSION AND THE PUBLIC PARTICIPATION PROCESS MUST
41 BE POSTED ON THE COUNTY AND THE SOCIAL SERVICES DISTRICT WEBSITE. SUCH
42 NOTICE SHALL SPECIFICALLY IDENTIFY HOW TO ACCESS THE PROPOSED COUNTY
43 PLAN, THE PUBLIC PARTICIPATION PROCESS, THE TIMES FOR RECEIPT OF
44 COMMENTS AND THE MANNER IN WHICH SUCH COMMENTS MAY BE SUBMITTED.
45 (C) THE plan REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION
46 shall describe the district's implementation of this title [including
47 the organization, staffing, mode of operations and financing of the
48 child protective service as well as the provisions made for purchase of
49 service and inter-agency relations. Commencing the year following prepa-
50 ration of a multi-year consolidated services plan, each]. WHERE APPLICA-
51 BLE, THE local district shall prepare [annual implementation reports
52 including information] AN UPDATE related to its child protective
53 services plan TO DESCRIBE ANY SIGNIFICANT CHANGES TO THE PLAN DURING THE
54 FIVE-YEAR PLAN CYCLE. AS USED IN THIS SECTION, "SIGNIFICANT CHANGE" TO
55 THE PLAN SHALL BE DEFINED AS ANY CHANGE TO THE PLAN THAT: MODIFIES THE
56 ELIGIBILITY STANDARDS FOR SERVICES WHERE SUCH STANDARDS ARE AT THE LOCAL
S. 5758--A 101
1 DISTRICT'S OPTION; OR DISCONTINUES, REDUCES, OR RESTRICTS THE AVAILABIL-
2 ITY OF EXISTING SERVICES. The social services district shall submit the
3 child protective services plan to the [department] OFFICE OF CHILDREN
4 AND FAMILY SERVICES as a component of its multi-year consolidated
5 services plan [and subsequent thereto as a component of its annual
6 implementation reports] and [the department] SUCH OFFICE shall review
7 and approve or disapprove the proposed plan and [reports] ANY OTHER
8 REQUIRED REPORTS OR UPDATES in accordance with the procedures set forth
9 in section thirty-four-a of this chapter.
10 S 42-e. Subdivision 5 of section 423 of the social services law is
11 REPEALED.
12 S 43. Subdivision 2 of section 459-c of the social services law, as
13 added by chapter 169 of the laws of 1994, is amended to read as follows:
14 2. To the extent that funds are appropriated expressly [therefore]
15 THEREFOR and a social services district has exhausted its allocation
16 under title XX of the federal social security act, state reimbursement
17 shall be available for fifty percent of the expenditures made by a
18 social services district for those non-residential services provided to
19 victims of domestic violence which are included in the social services
20 district's multi-year consolidated services plans and [annual implemen-
21 tation] OTHER REQUIRED reports OR UPDATES approved by the [department]
22 OFFICE OF CHILDREN AND FAMILY SERVICES pursuant to section thirty-four-a
23 of this chapter.
24 S 43-a. Paragraphs (b) and (c) of subdivision 2 of section 473 of the
25 social services law, paragraph (b) as amended and paragraph (c) as added
26 by chapter 231 of the laws of 1987, are amended to read as follows:
27 (b) Each social services district shall prepare, with the approval of
28 the chief executive officer, or the legislative body in those counties
29 without a chief executive officer, after consultation with appropriate
30 public, private and voluntary agencies, a district-wide plan for the
31 provision of adult protective services which shall be a component of the
32 district's multi-year consolidated services plan as required in section
33 thirty-four-a of this chapter. This plan shall describe the local imple-
34 mentation of this section including the organization, staffing, mode of
35 operations and financing of the adult protective services as well as the
36 provisions made for purchase of services, AND inter-agency relations[,
37 inter-agency agreements, service referral mechanisms, and locus of
38 responsibility for cases with multi-agency services needs. Commencing
39 the year following preparation of a multi-year consolidated services
40 plan, each]. WHERE APPLICABLE, THE local district shall prepare [annual
41 implementation reports including information related] AN UPDATE to its
42 adult protective services plan DESCRIBING ANY SIGNIFICANT CHANGES TO THE
43 PLAN DURING THE FIVE-YEAR PLAN CYCLE, as required in section thirty-
44 four-a of [the social services law] THIS CHAPTER. AS USED IN THIS
45 SECTION, "SIGNIFICANT CHANGE" TO THE PLAN SHALL BE DEFINED AS ANY CHANGE
46 TO THE PLAN THAT: MODIFIES THE ELIGIBILITY STANDARDS FOR SERVICES WHERE
47 SUCH STANDARDS ARE AT THE LOCAL DISTRICT'S OPTION; OR DISCONTINUES,
48 REDUCES, OR RESTRICTS THE AVAILABILITY OF EXISTING SERVICES.
49 (c) Each social services district shall submit the adult protective
50 services plan to the [department] OFFICE OF CHILDREN AND FAMILY SERVICES
51 as a component of its multi-year consolidated services plan [and subse-
52 quent thereto as a component of its annual implementation reports] and
53 [the department] SUCH OFFICE shall review and approve the proposed plan
54 and ANY OTHER REQUIRED reports OR UPDATES in accordance with the proce-
55 dures set forth in section thirty-four-a of this chapter.
S. 5758--A 102
1 S 44. Subdivision 1 of section 3241 of the education law, as amended
2 by chapter 971 of the laws of 1969, is amended to read as follows:
3 1. The board of education of each city, except in cities having a
4 population of one hundred twenty-five thousand or more, shall constitute
5 a permanent census board in such city. Such board shall, under its regu-
6 lations, cause a census of the children in its city to be taken and to
7 be amended from day to day, as changes of residence shall occur among
8 persons in such cities within the ages prescribed in subdivision two of
9 this section and as other persons shall come within the ages prescribed
10 therein and as other persons within such ages shall become residents of
11 such cities, so that there shall always be on file with such board a
12 complete census giving the facts and information required in subdivision
13 two of this section; PROVIDED, HOWEVER, THAT FOR PRE-SCHOOL STUDENTS
14 FROM BIRTH TO FIVE YEARS OF AGE, SUCH CENSUS MAY BE PREPARED AND FILED
15 BIENNIALLY ON OR BEFORE THE FIFTEENTH DAY OF OCTOBER.
16 S 45. Clause (b) of subparagraph 3 of paragraph e of subdivision 6 of
17 section 3602 of the education law, as amended by section 1 of part F of
18 chapter 383 of the laws of 2001, is amended to read as follows:
19 (b) Such assumed amortization for a project approved by the commis-
20 sioner on or after the later of the first day of December, two thousand
21 one or thirty days after the date upon which this subdivision shall have
22 become a law AND PRIOR TO THE FIRST DAY OF JULY, TWO THOUSAND ELEVEN or
23 for any debt service related to projects approved by the commissioner
24 prior to such date where a bond, capital note or bond anticipation note
25 is first issued [on or after such date] THE FIRST DAY OF DECEMBER, TWO
26 THOUSAND ONE to fund such projects, shall commence: (i) eighteen months
27 after such approval or (ii) on the date of receipt by the commissioner
28 of a certification by the district that a general construction contract
29 has been awarded for such project by the district, whichever is later,
30 and SUCH ASSUMED AMORTIZATION FOR A PROJECT APPROVED BY THE COMMISSIONER
31 ON OR AFTER THE FIRST DAY OF JULY, TWO THOUSAND ELEVEN SHALL COMMENCE:
32 (III) EIGHTEEN MONTHS AFTER SUCH APPROVAL OR (IV) ON THE DATE OF RECEIPT
33 BY THE COMMISSIONER OF BOTH THE FINAL CERTIFICATE OF SUBSTANTIAL
34 COMPLETION OF THE PROJECT ISSUED BY THE ARCHITECT OR ENGINEER AND THE
35 FINAL COST REPORT FOR SUCH PROJECT, WHICHEVER IS LATER OR (V) UPON THE
36 DATE OF A FINDING BY THE COMMISSIONER THAT THE CERTIFICATE OF SUBSTAN-
37 TIAL COMPLETION OF THE PROJECT HAS BEEN ISSUED BY THE ARCHITECT OR ENGI-
38 NEER, BUT THE DISTRICT IS UNABLE TO COMPLETE THE FINAL COST REPORT
39 BECAUSE OF CIRCUMSTANCES BEYOND THE CONTROL OF THE DISTRICT. SUCH
40 ASSUMED AMORTIZATION shall provide for equal semiannual payments of
41 principal and interest based on an interest rate established pursuant to
42 subparagraph five of this paragraph for such purpose for the school year
43 during which such certification is received. The first installment of
44 obligations issued by the school district in support of such projects
45 may mature not later than the dates established pursuant to sections
46 21.00 and 22.10 of the local finance law.
47 S 46. Intentionally omitted.
48 S 47. Intentionally omitted.
49 S 48. Intentionally omitted.
50 S 49. Subdivision 1 of section 1724 of the education law, as amended
51 by chapter 259 of the laws of 1975, is amended to read as follows:
52 1. No claim against a central school district or a union free school
53 district, except for compensation for services of an officer or employee
54 engaged at agreed wages by the hour, day, week, month or year or for the
55 principal of or interest on indebtedness of the district, shall be paid
56 unless an itemized voucher therefor approved by the officer whose action
S. 5758--A 103
1 gave rise or origin to the claim, shall have been presented to the board
2 of education of the district and shall have been audited and allowed;
3 PROVIDED, HOWEVER THAT IN THE CASE OF A SCHOOL DISTRICT WITH A PUBLIC
4 SCHOOL ENROLLMENT OF TEN THOUSAND STUDENTS OR MORE, THE BOARD OF EDUCA-
5 TION MAY, AT ITS DISCRETION, USE A RISK-BASED OR SAMPLING METHODOLOGY TO
6 DETERMINE WHICH CLAIMS ARE TO BE AUDITED IN LIEU OF AUDITING ALL CLAIMS.
7 The board of education shall be authorized, but not required, to
8 prescribe the form of such voucher.
9 S 50. Intentionally omitted.
10 S 51. Intentionally omitted.
11 S 52. Intentionally omitted.
12 S 53. Intentionally omitted.
13 S 54. Intentionally omitted.
14 S 55. Intentionally omitted.
15 S 56. Intentionally omitted.
16 S 57. Intentionally omitted.
17 S 58. Intentionally omitted.
18 S 59. Intentionally omitted.
19 S 60. Intentionally omitted.
20 S 61. Intentionally omitted.
21 S 62. Subdivision 2 of section 2116-b of the education law, as added
22 by chapter 263 of the laws of 2005, is amended to read as follows:
23 2. School districts of less than eight teachers, school districts with
24 actual general fund expenditures totaling less than five million dollars
25 in the previous school year, or school districts with actual enrollment
26 of less than [three hundred] ONE THOUSAND students in the previous
27 school year shall be exempt from this requirement. Any school district
28 claiming such exemption shall annually certify to the commissioner that
29 such school district meets the requirements set forth in this subdivi-
30 sion.
31 S 63. Intentionally omitted.
32 S 64. Subdivision 17 of section 1950 of the education law is REPEALED.
33 S 65. Section 2215 of the education law is amended by adding a new
34 subdivision 17 to read as follows:
35 17. TO DETERMINE THE ADEQUACY AND APPROPRIATENESS OF THE FACILITIES
36 SPACE AVAILABLE TO HOUSE SPECIAL EDUCATION PROGRAMS IN THE GEOGRAPHIC
37 AREA SERVED BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES, CONSISTENT
38 WITH THE LEAST RESTRICTIVE ENVIRONMENT REQUIREMENT.
39 S 66. This act shall take effect immediately, provided, however:
40 (a) sections thirty-two, thirty-three and thirty-four of this act
41 shall take effect on the ninetieth day after it shall have become a law;
42 (b) the amendments to section 182.20 of the criminal procedure law
43 made by section ten of this act shall not affect the repeal of such
44 section and shall be deemed repealed therewith;
45 (c) the amendments to subdivisions 3, 4, 8 and 13 of section 500-b of
46 the correction law made by sections eleven and twelve of this act shall
47 not affect the repeal of such section and shall be deemed repealed ther-
48 ewith;
49 (d) sections thirty-five, thirty-six, thirty-seven, thirty-eight,
50 thirty-nine, forty and forty-three of this act shall take effect on the
51 thirtieth day after it shall have become a law;
52 (e) sections forty-two-a, forty-two-b, forty-two-c, forty-two-d and
53 forty-two-e of this act shall take effect on the thirtieth day after it
54 shall have become a law; and
55 (f) the amendments to paragraph (a) of subdivision 2 and subparagraph
56 (ii) of paragraph (e) of subdivision 4 of section 153-k of the social
S. 5758--A 104
1 services law made by section forty-two-b of this act shall not affect
2 the repeal of such section and shall be deemed repealed therewith.
3 PART E
4 Section 1. The first undesignated paragraph of section 970-b of the
5 general municipal law, as added by chapter 916 of the laws of 1984 and
6 such section as renumbered by chapter 686 of the laws of 1986, is
7 amended and a new fourth undesignated paragraph is added to read as
8 follows:
9 It is hereby found and declared that there exists in many communities
10 blighted areas which threaten the economic and social well-being of the
11 people of the state. Blighted areas are characterized by one or more of
12 the conditions set forth in subdivision (a) of section nine hundred
13 [sixty-c] SEVENTY-C of this article.
14 IT IS FURTHER FOUND AND DECLARED THAT SOUND DEVELOPMENT AND REDEVELOP-
15 MENT OF BLIGHTED AREAS INCREASES PUBLIC SCHOOL ENROLLMENT BY PROVIDING
16 AFFORDABLE HOUSING AND EMPLOYMENT OPPORTUNITIES AND THE NEED FOR
17 EXPANDED PUBLIC EDUCATION FACILITIES AND SERVICES.
18 S 2. Subdivisions (b) and (f) of section 970-c of the general munici-
19 pal law, as added by chapter 916 of the laws of 1984 and such section as
20 renumbered by chapter 686 of the laws of 1986, are amended and a new
21 subdivision (i) is added to read as follows:
22 (b) "Legislative body" means (I) the governing body of a municipality
23 empowered to adopt and amend local laws and ordinances[; provided,
24 however, that in the case of the city of New York, the legislative body
25 shall, for the purposes of this article be the board of estimate], AND
26 (II) THE BOARD OF EDUCATION OF A SCHOOL DISTRICT OF WHICH CONSENTS TO AN
27 ALLOCATION OF TAXES PRESCRIBED IN SECTION NINE HUNDRED SEVENTY-P OF THIS
28 ARTICLE.
29 (f) "Planning agency" means the planning board or commission of [the]
30 A municipality OR THE PLANNING BOARD OR COMMITTEE OF A SCHOOL DISTRICT.
31 (I) "SCHOOL DISTRICT" MEANS ANY SCHOOL DISTRICT, A CITY SCHOOL
32 DISTRICT OR A SCHOOL DISTRICT IN A CITY, AS THOSE TERMS ARE DEFINED IN
33 SECTION 2.00 OF THE LOCAL FINANCE LAW, WHICH APPROVES THE REDEVELOPMENT
34 PLAN AND CONSENTS TO AN ALLOCATION OF TAXES PRESCRIBED IN SECTION NINE
35 HUNDRED SEVENTY-P OF THIS ARTICLE.
36 S 3. Subdivisions (l) and (n) of section 970-f of the general munici-
37 pal law, as added by chapter 916 of the laws of 1984 and such section as
38 renumbered by chapter 686 of the laws of 1986, are amended and a new
39 subdivision (o) is added to read as follows:
40 (l) shall provide a limitation on the amount of bonds which may be
41 issued pursuant to section nine hundred [sixty-o] SEVENTY-O of this
42 article for the purpose of carrying out or administering the redevelop-
43 ment plan;
44 (n) shall provide a plan for the relocation of families and persons to
45 be temporarily or permanently displaced from housing facilities in the
46 project area, which plan shall include the provision required by section
47 nine hundred [sixty-j] SEVENTY-J OF THIS ARTICLE that no person or fami-
48 ly of low and moderate income shall be displaced unless and until there
49 is suitable housing available and ready for occupancy by such displaced
50 person or family at rents comparable to those paid at the time of their
51 displacement.
52 (O) MAY PROVIDE FOR THE CONSENT TO AND APPROVAL OF THE PROJECT AREA
53 AND THE REDEVELOPMENT PLAN BY THE BOARD OF EDUCATION OF THE SCHOOL
54 DISTRICT.
S. 5758--A 105
1 S 4. Subdivisions (b) and (c) of section 970-h of the general munici-
2 pal law, as added by chapter 916 of the laws of 1984 and such section as
3 renumbered by chapter 686 of the laws of 1986, are amended to read as
4 follows:
5 (b) Notice of the hearing shall be posted in at least four prominent
6 places within the project area for a period of three weeks prior to such
7 hearing and shall be published not less than once a week for three
8 successive weeks prior to the hearing in a newspaper of general circu-
9 lation in the municipality involved. The notice of hearing shall include
10 a legal description of the boundaries of the PROJECT area [or areas]
11 designated in the proposed redevelopment plan [and], a general statement
12 of the scope and objectives of the plan, AND A STATEMENT WHETHER ONE OR
13 MORE SCHOOL DISTRICTS HAVE CONSENTED TO AN ALLOCATION OF TAXES
14 PRESCRIBED IN SECTION NINE HUNDRED SEVENTY-P OF THIS ARTICLE. A copy of
15 the notices shall be mailed to the last known owner of each parcel of
16 land in the area designated in the redevelopment plan. A copy of the
17 notice shall also be mailed to the legislative body of each of the
18 taxing jurisdictions which levies taxes upon any real property in the
19 project area designated in the proposed redevelopment plan.
20 (c) Any and all persons who have any objections to the proposed rede-
21 velopment plan or who deny the existence of blight as defined by subdi-
22 vision (a) of section nine hundred [sixty-c] SEVENTY-C of this article,
23 in the proposed project area, or the legality or appropriateness of any
24 of the prior proceedings, may appear before the legislative body at such
25 public hearing and show cause why the proposed plan should not be
26 adopted. At any time not later than the hour set for hearing objections
27 to the proposed redevelopment plan, any person may file in writing with
28 the clerk of the legislative body a statement of such person's
29 objections to the proposed plan.
30 S 5. Section 970-m of the general municipal law, as added by chapter
31 916 of the laws of 1984 and as renumbered by chapter 686 of the laws of
32 1986, is amended to read as follows:
33 S 970-m. Amendment of redevelopment plan. If at any time after the
34 adoption of a redevelopment plan for a project area by the legislative
35 body, it becomes necessary or desirable to amend or modify such plan,
36 the legislative body may by resolution amend such plan. Such amendments
37 may include a change in the boundaries of the project area to add land
38 to or, prior to the issuance of indebtedness pursuant to section nine
39 hundred [sixty-o] SEVENTY-O OF THIS ARTICLE as provided by such redevel-
40 opment plan, exclude land from the project area. An amendment or modifi-
41 cation of the plan shall be approved pursuant to subdivisions (a)
42 through (g) of section nine hundred [sixty-h] SEVENTY-H of this article.
43 Upon adoption of the amended plan by the legislative body the legisla-
44 tive body shall transmit the amended plan as provided by subdivision (h)
45 of such section.
46 S 6. Paragraphs (iii), (iv) and (v) of subdivision (a) of section
47 970-n of the general municipal law, as added by chapter 916 of the laws
48 of 1984 and such section as renumbered by chapter 686 of the laws of
49 1986, are amended to read as follows:
50 (iii) If two or more municipalities jointly exercise the powers grant-
51 ed under this subdivision and a redevelopment plan as adopted provides
52 for the allocation of real property tax revenues pursuant to section
53 nine hundred [sixty-o] SEVENTY-O of this article the real property taxes
54 of each municipality shall be allocated pursuant to such section.
55 (iv) If two or more municipalities jointly exercise the powers granted
56 under this subdivision and the redevelopment plan as adopted provides
S. 5758--A 106
1 for the issuance of indebtedness pursuant to section nine hundred
2 [sixty-o] SEVENTY-O of this article, such indebtedness shall either be
3 issued jointly by the municipalities and the resolution authorizing the
4 issuance of such indebtedness must be approved by the legislative body
5 of each municipality acting separately or shall be issued by resolution
6 of the [the] designated agent on behalf of the municipality it repres-
7 ents and, by resolution of its legislative body, each municipality shall
8 irrevocably pledge the revenues allocated pursuant to section nine
9 hundred [sixty-p] SEVENTY-P of this article to the repayment of such
10 indebtedness and any interest thereon.
11 (v) The joint exercise of powers authorized by this subdivision shall
12 be permitted only for the purpose of redevelopment of an area located
13 wholly within each municipality AND WITHIN ONE OR MORE SCHOOL DISTRICTS.
14 S 7. Paragraphs (ii) and (iii) and subparagraph 1 of paragraph (v) of
15 subdivision (b) of section 970-n of the general municipal law, as added
16 by chapter 916 of the laws of 1984 and such section as renumbered by
17 chapter 686 of the laws of 1986, are amended to read as follows:
18 (ii) A municipal redevelopment authority shall be a corporate govern-
19 mental agency constituting a public benefit corporation. Except as
20 otherwise provided by special act of the legislature, an authority shall
21 consist of not less than five nor more than nine members. Membership
22 shall be apportioned among the municipalities AND SCHOOL DISTRICTS, and
23 the manner of selection of a chairman determined by an [intermunicipal]
24 agreement approved by local law by each such municipality, AND BY RESOL-
25 UTION OF THE BOARD OF EDUCATION OF EACH SCHOOL DISTRICT. Members shall
26 serve at the pleasure of the appointing authority, and each member shall
27 continue to hold office until his successor is appointed and has quali-
28 fied. The [governing] LEGISLATIVE body shall file with the secretary of
29 state a certificate of appointment or reappointment of any member
30 appointed or reappointed by it. Members shall receive no compensation
31 for their services but shall be entitled to reimbursement of the neces-
32 sary expenses, including traveling expenses, incurred in the discharge
33 of their duties. No action shall be taken by an authority except pursu-
34 ant to the favorable vote of a majority of the members then in office.
35 Any one or more of the members of an authority may be an official or an
36 employee of such municipality. In the event that an official or an
37 employee of such municipality shall be appointed as a member of the
38 agency, acceptance or retention of such appointment shall not be deemed
39 a forfeiture of his OR HER municipal office or employment, or incompat-
40 ible therewith or affect his OR HER tenure or compensation in any way.
41 The term of office of a member of an authority who is an official or an
42 employee of such municipality when appointed as a member thereof by
43 special act of the legislature creating the authority shall terminate at
44 the expiration of the term of his OR HER municipal office. Upon THE
45 creation of an authority, from time to time the [governing] LEGISLATIVE
46 body of a municipality OR A SCHOOL DISTRICT, may, by resolution, appro-
47 priate sums of money to defray the expenses of the authority.
48 (iii) Unless otherwise provided by this subdivision or by the special
49 act of the legislature establishing a municipal redevelopment authority
50 or empowering an existing public corporation to carry out the purposes
51 and provisions of this article, such authority or public corporation
52 shall have the powers, duties and responsibilities granted a munici-
53 pality AND SCHOOL DISTRICT and its legislative body pursuant to sections
54 nine hundred [sixty-d] SEVENTY-D through nine hundred [sixty-m] SEVEN-
55 TY-M of this article, as well as the authority to receive the taxes of
56 each municipality AND SCHOOL DISTRICT allocated and paid pursuant to
S. 5758--A 107
1 section nine hundred [sixty-p] SEVENTY-P of this article. Such authority
2 or public corporation shall have the power to designate survey areas and
3 select project areas as provided by sections nine hundred [sixty-d]
4 SEVENTY-D and nine hundred [sixty-e] SEVENTY-E of this article. Such
5 authority or public corporation shall obtain the report and recommenda-
6 tion of the planning agency of each municipality OR SCHOOL DISTRICT on
7 the redevelopment plan and its conformity to the master plan of each
8 municipality AND SCHOOL DISTRICT before presenting the redevelopment
9 plan to the legislative body of each municipality OR SCHOOL DISTRICT.
10 In order for a preliminary plan to be adopted or for a redevelopment
11 plan to be adopted or amended approval must be obtained by resolution of
12 the legislative body of each municipality AND SCHOOL DISTRICT acting
13 separately.
14 (1) An authority or public corporation shall have the powers and
15 duties granted municipalities pursuant to section nine hundred [sixty-o]
16 SEVENTY-O of this article to issue tax increment bonds and tax increment
17 bond anticipation notes. Such bonds and notes shall be bonds and notes
18 of the authority or public corporation and neither the state nor any
19 municipality shall be liable on such bonds and notes and such bonds and
20 notes shall not be a debt of the state or of any municipality.
21 S 8. Subdivisions (a), (b), (g) and (i) of section 970-o of the gener-
22 al municipal law, as added by chapter 916 of the laws of 1984 and such
23 section as renumbered by chapter 686 of the laws of 1986, are amended
24 and a new subdivision (j) is added to read as follows:
25 (a) For the purpose of carrying out or administering a redevelopment
26 plan adopted by the legislative body, a municipality is hereby author-
27 ized, without limiting its authority under other provisions of law, to
28 issue by resolution of its legislative body tax increment bonds or tax
29 increment bond anticipation notes of the municipality which are payable
30 from and secured by real property taxes, in whole or in part, allocated
31 to and paid pursuant to the provisions of section nine hundred [sixty-p]
32 SEVENTY-P of this article. The pledge of such real property taxes allo-
33 cated and paid shall constitute a first lien on the revenues derived
34 therefrom and tax increment bonds or tax increment bond anticipation
35 notes, the repayment of which is secured by such revenues shall not be
36 subordinate to any other indebtedness of the municipality with respect
37 to the pledge of such revenues. The municipality shall have the power to
38 issue renewal notes, to issue bonds to pay notes and whenever it deems
39 refunding expedient, to refund any bonds by the issuance of new bonds,
40 whether the bonds to be refunded have or have not matured, and to issue
41 bonds partly to refund bonds then outstanding and partly for any other
42 purposes.
43 (b) In contracting indebtedness pursuant to subdivision (a) of this
44 section NEITHER a municipality NOR A SCHOOL DISTRICT shall [not] pledge
45 its faith and credit or the faith and credit of the state to the payment
46 of THE principal thereof and the interest thereon. INDEBTEDNESS
47 REFERRED TO IN SECTION SIX OF ARTICLE XVI OF THE STATE CONSTITUTION
48 SHALL NOT APPLY TO A SCHOOL DISTRICT.
49 (g) The amount of any indebtedness contracted under this section shall
50 be excluded in ascertaining the power of the municipality OR A SCHOOL
51 DISTRICT to contract indebtedness within the provisions of the state
52 constitution or the local finance law relating thereto.
53 (i) The municipality may [only] contract indebtedness pursuant to this
54 section for the following objects [and] OR purposes, EACH OF WHICH SHALL
55 BE A PUBLIC USE AND A PUBLIC PURPOSE:
S. 5758--A 108
1 (i) acquisition AND ASSEMBLAGE of land INCLUDING ENVIRONMENTAL REMEDI-
2 ATION AND BROWNFIELD REDEVELOPMENT AUTHORIZED IN THE ENVIRONMENTAL
3 CONSERVATION LAW;
4 (ii) demolition and removal of buildings, structures and improvements
5 and site preparation;
6 (iii) installation, construction or reconstruction of streets, walk-
7 ways, docks, drainage, parking facilities, flood control facilities,
8 water and sewer systems and other [public] utilities, parks and play-
9 grounds;
10 (iv) other public improvements or services integral to the redevelop-
11 ment plan authorized by or for which a period of probable usefulness has
12 been established by section 11.00 of the local finance law. [Such
13 objects] OBJECTS and purposes REFERRED TO IN THIS SUBDIVISION shall be
14 deemed to have the period of probable usefulness as provided GENERALLY
15 for such objects and purposes by such section.
16 (J) IN ADDITION TO THE ALLOCATION OF TAXES AUTHORIZED IN SECTION NINE
17 HUNDRED SEVENTY-P OF THIS ARTICLE, INDEBTEDNESS AUTHORIZED PURSUANT TO
18 THIS SECTION MAY BE SECURED BY A MUNICIPALITY AS FOLLOWS:
19 (I) PURSUANT TO SECTION ONE HUNDRED NINETEEN-O OF THIS CHAPTER, A
20 MUNICIPALITY MAY BY RESOLUTION OF ITS GOVERNING BOARD, PLEDGE A PORTION
21 OF THE SALES TAX RECEIVED IN ANY FISCAL YEAR PURSUANT TO SECTION TWELVE
22 HUNDRED SIXTY-ONE OF THE TAX LAW FROM BUSINESSES OPERATING IN THE
23 PROJECT AREA AND BENEFITTING FROM THE REDEVELOPMENT PLAN TO THE PAYMENT
24 OF THE PRINCIPAL OF AND INTEREST ON SUCH INDEBTEDNESS;
25 (II) A MUNICIPALITY MAY ESTABLISH AN ASSESSMENT AREA, PURSUANT TO THE
26 PROCEDURES IN SECTION 22-2200 OF THE VILLAGE LAW TO ACCESS PARCELS IN
27 THE PROJECT AREA AS BENEFITED PROPERTIES IN THE AMOUNTS AND IN THE YEARS
28 EQUAL TO THE ALLOCATION OF TAXES PROJECTED TO BE COLLECTED AS DETERMINED
29 UNDER SECTION NINE HUNDRED SEVENTY-P OF THIS ARTICLE.
30 S 9. Paragraph (i) of subdivision (d) of section 970-o of the general
31 municipal law, as added by chapter 916 of the laws of 1984 and such
32 section as renumbered by chapter 686 of the laws of 1986, is amended to
33 read as follows:
34 (i) pledging all or a part of the taxes allocated pursuant to section
35 nine hundred [sixty-p] SEVENTY-P of this article or the proceeds from
36 the sale of property acquired with the proceeds of such notes or bonds
37 to secure the payment of such notes or bonds or of any issue thereof,
38 subject to such agreements with bondholders or noteholders as may exist;
39 S 10. Section 970-p of the general municipal law, as added by chapter
40 916 of the laws of 1984 and as renumbered by chapter 686 of the laws of
41 1986, is amended to read as follows:
42 S 970-p. Allocation of taxes. (a) Any redevelopment plan may contain a
43 provision that real property taxes levied upon taxable real property in
44 the project area each year by or for the benefit of the municipality or
45 municipalities AND SCHOOL DISTRICTS after the effective date of the
46 resolution approving the redevelopment plan, shall be divided as
47 follows:
48 (i) that portion of the real property taxes not in excess of the
49 amount which would be produced by applying the rate upon which the tax
50 is levied each year by or for each municipality AND SCHOOL DISTRICT to
51 the total sum of the assessed value of the taxable real property in the
52 project area as shown upon the assessment roll used in connection with
53 the taxation of such property by such municipality AND SCHOOL DISTRICT,
54 last adopted prior to the effective date of the resolution approving
55 such plan, shall be allocated to and when collected shall be paid into
56 the funds of the respective municipalities AND SCHOOL DISTRICTS as real
S. 5758--A 109
1 property taxes collected by or for said municipalities AND SCHOOL
2 DISTRICTS adopting the redevelopment plan;
3 (ii) that portion of the real property taxes levied each year in
4 excess of the portion allocated and paid pursuant to paragraph (i) of
5 this subdivision shall be allocated to and when collected shall be paid
6 into the fund or funds established for such purposes to pay the princi-
7 pal and interest on indebtedness incurred by such municipality OR SCHOOL
8 DISTRICT pursuant to section nine hundred [sixty-o] SEVENTY-O of this
9 article or, if the redevelopment plan so provides, the amount allocated
10 and paid in excess of interest and principal and necessary reserves may
11 be expended for amounts of money to be paid in lieu of taxes. Unless and
12 until the total assessed valuation of the taxable property in a project
13 area exceeds the total assessed value of the taxable real property in
14 such project area as shown by the last assessment roll referred to in
15 paragraph (i) of this subdivision, all of the real property taxes levied
16 and collected upon the taxable real property in such project area shall
17 be paid into the funds of the respective municipalities AND SCHOOL
18 DISTRICTS. When such indebtedness, if any and interest thereon, have
19 been paid, all moneys thereafter received from real property taxes upon
20 the taxable real property in such project area shall be paid into the
21 funds of the respective municipalities AND SCHOOL DISTRICTS as real
22 property taxes on all other real property are paid;
23 (iii) whenever the total amount of real property taxes allocated
24 pursuant to paragraph (ii) of this subdivision exceeds the amounts allo-
25 cated and paid for interest and principal and necessary reserves, and
26 for amounts to be paid in lieu of taxes, the amount of taxes in excess
27 of such amounts shall be paid into the funds of the respective munici-
28 palities as taxes on all other real property are paid;
29 (iv) the allocation of taxes authorized by this section (1) shall
30 apply to taxable years beginning after the effective date of the resol-
31 ution approving the redevelopment plan, AND
32 (2) SHALL BE ESTIMATED BY THE APPROPRIATE REAL PROPERTY ASSESSMENT
33 OFFICER PRIOR TO THE ISSUANCE OF SUCH INDEBTEDNESS FOR EACH YEAR THE
34 INDEBTEDNESS TO BE INCURRED BY SUCH MUNICIPALITY PURSUANT TO SECTION
35 NINE HUNDRED SEVENTY-O OF THIS ARTICLE IS SCHEDULED TO BE OUTSTANDING IN
36 AN AMOUNT SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON SUCH
37 INDEBTEDNESS IN EACH YEAR REAL PROPERTY TAXES OF THE MUNICIPALITY OR THE
38 SCHOOL DISTRICT LEVIED UPON TAXABLE PROPERTY IN THE PROJECT AREA IS
39 DIVIDED PURSUANT TO THIS SECTION. DURING THE PERIOD SUCH INDEBTEDNESS IS
40 OUTSTANDING, THE APPROPRIATE REAL PROPERTY ASSESSMENT OFFICER SHALL
41 ENDEAVOR IN GOOD FAITH TO DETERMINE ASSESSED VALUES ON PARCELS IN THE
42 PROJECT AREA TO ACHIEVE SUCH ESTIMATE IN EACH SUCH YEAR. UPON REQUEST
43 BY A MUNICIPALITY OR SCHOOL DISTRICT, THE OFFICE OF REAL PROPERTY
44 SERVICES SHALL PROVIDE GUIDANCE ON METHODOLOGIES FOR ASSESSMENTS AND/OR
45 REVIEW SUCH ESTIMATES.
46 (b) [Whenever real property in any redevelopment project has been
47 redeveloped and thereafter is leased by the municipality to any person
48 or persons or whenever the agency leases real property in any redevelop-
49 ment project to any person or persons for redevelopment, the property
50 shall be assessed and taxed in the same manner as privately owned real
51 property and the lease or contract shall provide that the lessee shall
52 pay real property taxes upon the assessed value of the entire real prop-
53 erty and not merely the assessed value of his or her leasehold interest.
54 (c)] In any municipality OR SCHOOL DISTRICT subject to the allocation
55 of revenues pursuant to this section the assessed value of taxable real
56 property located in a project area shall be included on the taxable
S. 5758--A 110
1 portion of the assessment roll, provided, however, that notwithstanding
2 any provision of law to the contrary, the assessed value determined in
3 accordance with paragraph (ii) of subdivision (a) of this section shall
4 not be included in the taxable value of real property when determining
5 the tax rate for such municipality OR SCHOOL DISTRICT.
6 [(d)] (C) The rate of tax resulting from the levy of real property
7 taxes shall be applied to the assessed value of any real property
8 subject to the allocation provisions of this section as determined
9 pursuant to subdivision (a) of this section, however, the amount of tax
10 levied as a result of the application of the tax rate to the increase in
11 assessed value determined in accordance with paragraph (ii) of subdivi-
12 sion (a) of this section shall not be paid into the fund of the munici-
13 pality OR THE SCHOOL DISTRICT as real property taxes but shall be allo-
14 cated pursuant to that paragraph.
15 [(e)] (D) The official or officials responsible for the preparation of
16 the assessment roll or rolls specified in subdivision (a) of this
17 section shall provide to the municipality or municipalities AND SCHOOL
18 DISTRICTS, in addition to the assessment roll or rolls, such information
19 as is deemed necessary by the legislative bodies of the municipality or
20 municipalities AND SCHOOL DISTRICTS to effectuate the purpose of this
21 section.
22 [(f)] (E) The allocation of real property taxes authorized by this
23 section shall be permitted only with respect to municipalities AND
24 SCHOOL DISTRICTS which have adopted a redevelopment plan providing for
25 such allocation pursuant to section nine hundred [sixty-h] SEVENTY-H or
26 section nine hundred [sixty-n] SEVENTY-N of this article and such allo-
27 cation shall not apply to special ad valorem levies and special assess-
28 ments as defined by subdivisions fourteen and fifteen of section one
29 hundred two of the real property tax law, EXCEPT AS PROVIDED IN PARA-
30 GRAPH (III) OF SUBDIVISION (J) OF SECTION NINE HUNDRED SEVENTY-O OF THIS
31 ARTICLE.
32 [(g)] (F) If, after adoption of a redevelopment plan, the official or
33 officials responsible for the preparation of the assessment roll or
34 rolls specified in subdivision (a) of this section undertake to revalue
35 real property for real property tax purposes by altering the standard of
36 assessment utilized to establish the value of real property for assess-
37 ment purposes, the assessment of real property within a project area as
38 provided by paragraph (i) of subdivision (a) of this section shall be
39 adjusted in such manner as if such new standard of assessment had been
40 utilized in the preparation of the assessment roll last adopted prior to
41 adoption of the redevelopment plan.
42 (G) WITH RESPECT TO A SCHOOL DISTRICT WHICH CONSENTS TO AN ALLOCATION
43 OF TAXES PRESCRIBED IN THIS SECTION, THE OBJECT OR PURPOSE OF WHICH SUCH
44 INDEBTEDNESS MAY BE INCURRED BY A MUNICIPALITY SHALL BE A SCHOOL BUILD-
45 ING. HOWEVER, THERE SHALL BE NO APPORTIONMENT OF PUBLIC MONEYS UNDER
46 SECTION THREE THOUSAND SIX HUNDRED ONE OF THE EDUCATION LAW WITH RESPECT
47 TO SUCH ALLOCATION OF TAXES LEVIED BY A SCHOOL DISTRICT.
48 (H) IN ESTABLISHING A UNIFORM TAX EXEMPTION POLICY PURSUANT TO SECTION
49 EIGHT HUNDRED SEVENTY-FOUR OF THIS CHAPTER, AN AGENCY SHALL NOT TAKE
50 INTO ACCOUNT THE PORTION OF REAL PROPERTY TAXES MEASURED UNDER PARAGRAPH
51 (II) OF SUBDIVISION (A) OF THIS SECTION IN COMPUTING A PAYMENT IN LIEU
52 OF TAXES AGREEMENT.
53 S 11. This act shall take effect immediately and shall apply to any
54 indebtedness incurred by a municipality pursuant to section 970-o of the
55 general municipal law on or after July 30, 1986.
S. 5758--A 111
1 PART F
2 Section 1. The real property tax law is amended by adding a new
3 section 485-n to read as follows:
4 S 485-N. RESIDENTIAL-COMMERCIAL EXEMPTION PROGRAM. 1. DEFINITIONS. AS
5 USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
6 INGS:
7 (A) "APPLICANT" MEANS ANY PERSON OBLIGATED TO PAY REAL PROPERTY TAXES
8 ON REAL PROPERTY FOR WHICH AN EXEMPTION FROM TAXES UNDER THIS SECTION IS
9 SOUGHT.
10 (B) "BENEFIT AREA" MEANS THE AREA WITHIN A MUNICIPALITY, DESIGNATED BY
11 LOCAL LAW, TO WHICH AN EXEMPTION, ESTABLISHED PURSUANT TO THIS SECTION,
12 APPLIES.
13 (C) "COMMERCIAL CONSTRUCTION WORK" MEANS THE MODERNIZATION, REHABILI-
14 TATION, EXPANSION OR OTHER IMPROVEMENT OF THE COMMERCIAL USE PROPERTY OR
15 OF THE PORTION OF MIXED-USE PROPERTY TO BE USED FOR COMMERCIAL PURPOSES.
16 (D) "COMMERCIAL PURPOSE OR USE" MEANS THE BUYING, SELLING OR OTHERWISE
17 PROVIDING OF GOODS OR SERVICES, INCLUDING HOTEL SERVICES, OR OTHER
18 LAWFUL BUSINESS OR COMMERCIAL ACTIVITIES PERMITTED UPON MIXED-USE PROP-
19 ERTY.
20 (E) "COMMERCIAL USE PROPERTY" MEANS REAL PROPERTY ON WHICH WILL EXIST,
21 AFTER COMPLETION OF COMMERCIAL CONSTRUCTION WORK, A BUILDING USED FOR
22 COMMERCIAL PURPOSES OR USE.
23 (F) "MIXED-USE PROPERTY" MEANS REAL PROPERTY ON WHICH WILL EXIST,
24 AFTER COMPLETION OF RESIDENTIAL CONSTRUCTION WORK OR A COMBINATION OF
25 RESIDENTIAL CONSTRUCTION WORK AND COMMERCIAL CONSTRUCTION WORK, A BUILD-
26 ING OR STRUCTURE USED FOR BOTH RESIDENTIAL AND COMMERCIAL PURPOSES.
27 (G) "MUNICIPALITY" MEANS ANY TOWN, CITY, VILLAGE OR OTHER TAXING ENTI-
28 TY, THAT IS NOT A CITY OR WITHIN A CITY HAVING A POPULATION OF ONE
29 MILLION OR MORE.
30 (H) "RESIDENTIAL CONSTRUCTION WORK" MEANS THE CREATION, MODERNIZATION,
31 REHABILITATION, EXPANSION OR OTHER IMPROVEMENT OF DWELLING UNITS, OTHER
32 THAN DWELLING UNITS IN A HOTEL, IN THE PORTION OF MIXED-USE PROPERTY TO
33 BE USED FOR RESIDENTIAL PURPOSES.
34 2. (A) A MUNICIPALITY MAY, BY LOCAL LAW, PROVIDE FOR THE EXEMPTION OF
35 REAL PROPERTY IN A DESIGNATED BENEFIT AREA FROM TAXATION AS PROVIDED IN
36 THIS SECTION.
37 (B) THE LOCAL GOVERNING BOARD OR COUNCIL SHALL ESTABLISH A PLAN
38 CONCERNING THE VARIOUS TYPES OF RESIDENTIAL REAL PROPERTY WHICH MAY BE
39 GRANTED ELIGIBILITY FOR AN EXEMPTION PURSUANT TO PARAGRAPH (A) OF THIS
40 SUBDIVISION. THE EXEMPTION SHALL BE COMPUTED AS PROVIDED IN THIS
41 SECTION. IN ADDITION, SUCH PLAN SHALL IDENTIFY DESIGNATED BENEFIT AREAS,
42 WITHIN WHICH SUCH EXEMPTIONS SHALL BE OFFERED. IN DEVELOPING THE PLAN
43 REQUIRED BY THIS PARAGRAPH, THE LOCAL GOVERNING BOARD OR COUNCIL SHALL
44 CONSIDER THE PLANNING OBJECTIVES OF THE SCHOOL DISTRICT WHICH SERVES
45 SUCH MUNICIPALITY, AND THE NECESSITY OF THE EXEMPTION TO THE ATTRACTION
46 OR RETENTION OF HOME OWNERS AND THE ECONOMIC BENEFIT TO THE AREA OF
47 PROVIDING EXEMPTIONS TO HOME OWNERS.
48 (C) IN ADDITION, THE LOCAL GOVERNING BOARD OR COUNCIL MAY MODIFY ITS
49 PLAN TO IMPROVE THE ECONOMIC CLIMATE THEREIN.
50 (D) A LOCAL GOVERNING BOARD OR COUNCIL MAY, BY LOCAL LAW, RESTRICT
51 REAL PROPERTY ELIGIBLE TO RECEIVE THE EXEMPTION TO REAL PROPERTY
52 CONSTRUCTED FOR THOSE PURPOSES IDENTIFIED IN THE PLAN. SUCH LOCAL LAW
53 SHALL RESTRICT THE AVAILABILITY OF SUCH EXEMPTION TO THE SPECIFIC
54 GEOGRAPHIC AREAS IDENTIFIED IN THE PLAN. UPON THE ADOPTION OF SUCH A
55 LOCAL LAW, THE COUNTY IN WHICH SUCH MUNICIPALITY IS LOCATED MAY, BY
S. 5758--A 112
1 LOCAL LAW, AND ANY SCHOOL DISTRICT, ALL OR PART OF WHICH IS LOCATED IN
2 SUCH MUNICIPALITY, MAY, BY RESOLUTION, EXEMPT SUCH PROPERTY FROM ITS
3 TAXATION IN THE SAME MANNER AND TO THE SAME EXTENT AS SUCH MUNICIPALITY
4 HAS DONE.
5 3. UPON THE ADOPTION OF SUCH A LOCAL LAW THE COMMERCIAL USE PROPERTY
6 OR MIXED-USE PROPERTY THAT WAS CONVERTED, CREATED, MODERNIZED, REHABILI-
7 TATED, EXPANDED OR OTHERWISE IMPROVED OR THE COMMERCIAL USE PROPERTY
8 THAT WAS CONVERTED, CREATED, MODERNIZED, REHABILITATED, EXPANDED OR
9 OTHERWISE IMPROVED, SHALL BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM
10 LEVIES AS PROVIDED FOR IN SUBDIVISION FOUR OF THIS SECTION.
11 4. (A) (I) FOR A PERIOD OF TWELVE YEARS FOLLOWING THE APPROVAL OF AN
12 APPLICATION, THE INCREASE IN ASSESSED VALUE OF SUCH PROPERTY ATTRIBUT-
13 ABLE TO SUCH CONVERSION, CREATION, MODERNIZATION, REHABILITATION, EXPAN-
14 SION OR OTHER IMPROVEMENT SHALL BE EXEMPT AS PROVIDED IN SUBPARAGRAPH
15 (II) OF THIS PARAGRAPH. SUCH EXEMPTION SHALL BE COMPUTED WITH RESPECT TO
16 THE "EXEMPTION BASE". THE EXEMPTION BASE SHALL BE DETERMINED FOR EACH
17 YEAR IN WHICH THERE IS AN INCREASE IN ASSESSED VALUE SO ATTRIBUTABLE
18 FROM THAT OF THE PREVIOUS YEAR'S ASSESSED VALUE.
19 (II) THE FOLLOWING SHALL DETERMINE THE COMPUTATION OF THE TAX
20 EXEMPTION:
21 YEAR OF EXEMPTION PERCENTAGE OF EXEMPTION
22 1 THROUGH 8 100% OF EXEMPTION BASE
23 9 80% OF EXEMPTION BASE
24 10 60% OF EXEMPTION BASE
25 11 40% OF EXEMPTION BASE
26 12 20% OF EXEMPTION BASE
27 (B) NO SUCH EXEMPTION SHALL BE GRANTED UNLESS:
28 (I) SUCH CONVERSION, CREATION, MODERNIZATION, REHABILITATION, EXPAN-
29 SION OR OTHER IMPROVEMENT WAS COMMENCED SUBSEQUENT TO THE DATE ON WHICH
30 THE MUNICIPALITY'S LOCAL LAW TOOK EFFECT; AND
31 (II) THE COST OF SUCH CONVERSION, CREATION, MODERNIZATION, REHABILI-
32 TATION, EXPANSION OR OTHER IMPROVEMENT EXCEEDS THE SUM OF TEN THOUSAND
33 DOLLARS OR SUCH GREATER AMOUNT AS MAY BE SPECIFIED BY LOCAL LAW.
34 (C) FOR PURPOSES OF THIS SECTION THE TERM "CONVERSION, CREATION,
35 MODERNIZATION, REHABILITATION, EXPANSION OR OTHER IMPROVEMENT" SHALL NOT
36 INCLUDE ORDINARY MAINTENANCE AND REPAIRS.
37 (D) NO SUCH EXEMPTION SHALL BE GRANTED CONCURRENT WITH OR SUBSEQUENT
38 TO ANY OTHER REAL PROPERTY TAX EXEMPTION GRANTED TO THE SAME IMPROVE-
39 MENTS TO REAL PROPERTY, EXCEPT, WHERE DURING THE PERIOD OF SUCH PREVIOUS
40 EXEMPTION, PAYMENTS IN LIEU OF TAXES OR OTHER PAYMENTS WERE MADE TO THE
41 MUNICIPALITY IN AN AMOUNT THAT WOULD HAVE BEEN EQUAL TO OR GREATER THAN
42 THE AMOUNT OF REAL PROPERTY TAXES THAT WOULD HAVE BEEN PAID ON SUCH
43 IMPROVEMENTS HAD SUCH PROPERTY BEEN GRANTED AN EXEMPTION PURSUANT TO
44 THIS SECTION. IN SUCH CASE, AN EXEMPTION SHALL BE GRANTED FOR A NUMBER
45 OF YEARS EQUAL TO THE TWELVE YEAR EXEMPTION GRANTED PURSUANT TO THIS
46 SECTION LESS THE NUMBER OF YEARS THE PROPERTY WOULD HAVE BEEN PREVIOUSLY
47 EXEMPT FROM REAL PROPERTY TAXES.
48 5. SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE OWNER
49 OF REAL PROPERTY ON A FORM PRESCRIBED BY THE STATE BOARD. SUCH APPLICA-
50 TION SHALL BE FILED WITH THE ASSESSOR OF THE MUNICIPALITY OR COUNTY
51 HAVING THE POWER TO ASSESS PROPERTY FOR TAXATION ON OR BEFORE THE APPRO-
52 PRIATE TAXABLE STATUS DATE OF SUCH MUNICIPALITY OR COUNTY. NO APPLICA-
53 TION SHALL BE APPROVED BY ANY MUNICIPALITY OR COUNTY THAT WAS SUBMITTED
54 MORE THAN TWELVE YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION.
S. 5758--A 113
1 6. IF THE ASSESSOR IS SATISFIED THAT THE APPLICANT IS ENTITLED TO AN
2 EXEMPTION PURSUANT TO THIS SECTION, HE OR SHE SHALL APPROVE THE APPLICA-
3 TION AND SUCH REAL PROPERTY SHALL THEREAFTER BE EXEMPT FROM TAXATION AND
4 SPECIAL AD VALOREM LEVIES AS PROVIDED IN THIS SECTION COMMENCING WITH
5 THE ASSESSMENT ROLL PREPARED AFTER THE TAXABLE STATUS DATE REFERRED TO
6 IN SUBDIVISION FIVE OF THIS SECTION. THE ASSESSED VALUE OF ANY
7 EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL BE ENTERED BY THE
8 ASSESSOR ON THE ASSESSMENT ROLL WITH THE TAXABLE PROPERTY, WITH THE
9 AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN.
10 S 2. This act shall take effect immediately.
11 PART G
12 Section 1. The opening paragraph of section 1210 of the tax law is
13 REPEALED and a new opening paragraph is added to read as follows:
14 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, BUT
15 SUBJECT TO THE LIMITATIONS AND EXEMPTIONS IN PART II OF THIS ARTICLE,
16 ANY CITY IN THIS STATE OR COUNTY IN THIS STATE, EXCEPT A COUNTY WHOLLY
17 WITHIN A CITY, ACTING THROUGH ITS LOCAL LEGISLATIVE BODY, IS HEREBY
18 AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND LOCAL LAWS, ORDINANCES OR
19 RESOLUTIONS IMPOSING IN SUCH CITY OR COUNTY THE TAXES DESCRIBED IN
20 EITHER SUBDIVISION (A) OR (B) OF THIS SECTION, BUT NOT BOTH, AT THE RATE
21 OF ONE-HALF, ONE, ONE AND ONE-HALF, TWO, TWO AND ONE-HALF OR THREE
22 PERCENT, AND, IF THE CITY OR COUNTY IMPOSES THE TAXES DESCRIBED IN
23 SUBDIVISION (A) OF THIS SECTION AT THE RATE OF THREE PERCENT, ALSO AT
24 THE ADDITIONAL RATE AUTHORIZED IN SUBDIVISION (K) OF THIS SECTION.
25 PROVIDED, FURTHER, SUCH LOCAL LAW, ORDINANCE OR RESOLUTION OF SUCH CITY
26 OR COUNTY AUTHORIZING THE IMPOSITION OF SUCH TAXES SHALL NOT EXCEED TWO
27 YEARS IN DURATION AND MUST BE REAUTHORIZED PURSUANT TO LOCAL LAW, ORDI-
28 NANCE OR RESOLUTION. ANY TAX IMPOSED PURSUANT TO THE AUTHORITY OF THIS
29 SECTION SHALL BE ADMINISTERED, COLLECTED AND DISTRIBUTED BY THE COMMIS-
30 SIONER AS PROVIDED IN SUBPART B OF PART III AND IN PART IV OF THIS ARTI-
31 CLE.
32 S 2. Paragraph 1 of subdivision (a) of section 1210 of the tax law, as
33 amended by section 3 of part GG of chapter 57 of the laws of 2010, is
34 amended to read as follows:
35 (1) Either, all of the taxes described in [article twenty-eight]
36 SECTIONS ELEVEN HUNDRED FIVE AND ELEVEN HUNDRED TEN of this chapter, at
37 the same uniform rate, as to which taxes all provisions of the local
38 laws, ordinances or resolutions imposing such taxes shall be identical,
39 except as to rate and except as otherwise provided, with the correspond-
40 ing provisions in [such] article twenty-eight OF THIS CHAPTER, including
41 the definition and exemption provisions of such article, so far as the
42 provisions of such article twenty-eight can be made applicable to the
43 taxes imposed by such city or county and with such limitations and
44 special provisions as are set forth in this article. The taxes author-
45 ized under this subdivision may not be imposed by a city or county
46 unless the local law, ordinance or resolution imposes such taxes so as
47 to include all portions and all types of receipts, charges or rents,
48 subject to state tax under sections eleven hundred five and eleven
49 hundred ten of this chapter, except as otherwise provided. (i) Any local
50 law, ordinance or resolution enacted by any city of less than one
51 million or by any county or school district, imposing the taxes author-
52 ized by this subdivision, shall, notwithstanding any provision of law to
53 the contrary, exclude from the operation of such local taxes all sales
54 of tangible personal property for use or consumption directly and
S. 5758--A 114
1 predominantly in the production of tangible personal property, gas,
2 electricity, refrigeration or steam, for sale, by manufacturing, proc-
3 essing, generating, assembly, refining, mining or extracting; and all
4 sales of tangible personal property for use or consumption predominantly
5 either in the production of tangible personal property, for sale, by
6 farming or in a commercial horse boarding operation, or in both; and,
7 unless such city, county or school district elects otherwise, shall omit
8 the provision for credit or refund contained in clause six of subdivi-
9 sion (a) or subdivision (d) of section eleven hundred nineteen of this
10 chapter. (ii) Any local law, ordinance or resolution enacted by any
11 city, county or school district, imposing the taxes authorized by this
12 subdivision, shall omit the residential solar energy systems equipment
13 exemption provided for in subdivision (ee) and the clothing and footwear
14 exemption provided for in paragraph thirty of subdivision (a) of section
15 eleven hundred fifteen of this chapter, unless such city, county or
16 school district elects otherwise as to either such residential solar
17 energy systems equipment exemption or such clothing and footwear
18 exemption.
19 S 3. Subparagraph (iii) of paragraph 3 of subdivision (a) of section
20 1210 of the tax law is REPEALED and subparagraph (iv) of paragraph 3 of
21 subdivision (a) of section 1210 of the tax law, as added by chapter 933
22 of the laws of 1985, is amended to read as follows:
23 [(iv)] (III) Notwithstanding any other provision of law, [the one
24 percent additional tax which] Cattaraugus county [is authorized to adopt
25 pursuant to the opening paragraph of this section] shall not [be
26 imposed] IMPOSE TAX on the retail sale or use of the energy sources and
27 services described in subparagraph (i) of this paragraph AT A RATE
28 GREATER THAN THREE PERCENT.
29 S 4. Subparagraph (iii) of paragraph 3 of subdivision (b) of section
30 1210 of the tax law is REPEALED.
31 S 5. Section 1210 of the tax law is amended by adding a new subdivi-
32 sion (k) to read as follows:
33 (K) (1) EACH OF THE FOLLOWING COUNTIES THAT IMPOSES THE TAXES
34 DESCRIBED IN SUBDIVISION (A) OF THIS SECTION AT A RATE IN EXCESS OF
35 THREE PERCENT IS HEREBY FURTHER AUTHORIZED AND EMPOWERED TO ADOPT AND
36 AMEND LOCAL LAWS, ORDINANCES OR RESOLUTIONS IMPOSING SUCH TAXES UP TO
37 THE FOLLOWING ADDITIONAL RATE IN EXCESS OF THREE PERCENT, IN ONE-QUARTER
38 PERCENT INCREMENTS, FOR THE PERIOD BEGINNING DECEMBER FIRST, TWO THOU-
39 SAND TEN; PROVIDED HOWEVER, IF AT ANY TIME THIS SECTION AUTHORIZED FOR
40 THE COUNTIES LISTED IN THIS PARAGRAPH A RATE IN EXCESS OF THE RATES
41 LISTED IN THIS PARAGRAPH, SUCH COUNTY SHALL HAVE THE SOLE RIGHT TO
42 IMPOSE SUCH HIGHER RATE:
43 (I) ONE-QUARTER OF ONE PERCENT: NONE.
44 (II) ONE-HALF OF ONE PERCENT: CHAUTAUQUA COUNTY, ONTARIO COUNTY.
45 (III) THREE AND THREE-QUARTERS OF ONE PERCENT: DUTCHESS COUNTY, ESSEX
46 COUNTY, JEFFERSON COUNTY, LEWIS COUNTY, ORANGE COUNTY.
47 (IV) ONE PERCENT: ALBANY COUNTY, BROOME COUNTY, CATTARAUGUS COUNTY,
48 CAYUGA COUNTY, CHEMUNG COUNTY, CHENANGO COUNTY, CLINTON COUNTY, COLUMBIA
49 COUNTY, CORTLAND COUNTY, DELAWARE COUNTY, FRANKLIN COUNTY, FULTON COUN-
50 TY, GENESEE COUNTY, GREENE COUNTY, LIVINGSTON COUNTY, MADISON COUNTY,
51 MONROE COUNTY, MONTGOMERY COUNTY, NIAGARA COUNTY, ONONDAGA COUNTY, ORLE-
52 ANS COUNTY, OSWEGO COUNTY, OTSEGO COUNTY, PUTNAM COUNTY, RENSSELAER
53 COUNTY, ROCKLAND COUNTY, SCHENECTADY COUNTY, SCHOHARIE COUNTY, SCHUYLER
54 COUNTY, SENECA COUNTY, STEUBEN COUNTY, SULLIVAN COUNTY, TIOGA COUNTY,
55 TOMKINS COUNTY, ULSTER COUNTY, WAYNE COUNTY, WYOMING COUNTY, YATES COUN-
56 TY.
S. 5758--A 115
1 (V) ONE AND ONE-QUARTER PERCENT: HERKIMER COUNTY, NASSAU COUNTY.
2 (VI) ONE AND ONE-HALF PERCENT: ALLEGANY COUNTY.
3 (VII) ONE AND THREE-QUARTER PERCENT: ERIE COUNTY, ONEIDA COUNTY.
4 (2) EACH OF THE FOLLOWING CITIES THAT IMPOSES THE TAXES DESCRIBED IN
5 SUBDIVISION (A) OF THIS SECTION AT A RATE IN EXCESS OF THREE PERCENT IS
6 HEREBY FURTHER AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND LOCAL LAWS,
7 ORDINANCES OR RESOLUTIONS IMPOSING SUCH TAXES, UP TO THE FOLLOWING ADDI-
8 TIONAL RATE IN EXCESS OF THREE PERCENT, IN ONE-QUARTER PERCENT INCRE-
9 MENTS:
10 (I) ONE-QUARTER OF ONE PERCENT: NONE.
11 (II) ONE-HALF OF ONE PERCENT: NONE.
12 (III) THREE-QUARTERS OF ONE PERCENT: NONE.
13 (IV) ONE PERCENT: CITY OF MOUNT VERNON, CITY OF NEW ROCHELLE, CITY OF
14 WHITE PLAINS, CITY OF YONKERS.
15 (V) ONE AND ONE-QUARTER PERCENT: NONE.
16 (VI) ONE AND ONE-HALF PERCENT: CITY OF NEW YORK.
17 (VII) ONE AND THREE-QUARTER PERCENT: NONE.
18 S 6. Section 1210-A of the tax law is amended by adding a new subdivi-
19 sion (e) to read as follows:
20 (E) NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS ARTICLE, THE
21 ONE-QUARTER PERCENT RATE OF TAX AUTHORIZED BY THIS SECTION SHALL NOT
22 AFFECT OR BE AFFECTED BY THE RATE OF TAX THE COUNTY OF SUFFOLK IMPOSES
23 OR IS AUTHORIZED TO IMPOSE UNDER ANY OTHER PROVISION OF THIS ARTICLE.
24 S 7. Section 1210-B of the tax law is amended by adding a new subdivi-
25 sion (d) to read as follows:
26 (D) NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS ARTICLE, THE
27 ONE-QUARTER PERCENT RATE OF TAX AUTHORIZED BY THIS SECTION SHALL NOT
28 AFFECT OR BE AFFECTED BY THE RATE OF TAX THE COUNTY OF SUFFOLK IMPOSES
29 OR IS AUTHORIZED TO IMPOSE UNDER ANY OTHER PROVISION OF THIS ARTICLE.
30 S 8. Section 1210-C of the tax law is amended by adding a new subdivi-
31 sion (e) to read as follows:
32 (E) NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS ARTICLE, THE
33 ONE-HALF PERCENT RATE OF TAX AUTHORIZED BY THIS SECTION SHALL NOT AFFECT
34 OR BE AFFECTED BY THE RATE OF TAX THE COUNTY OF SCHENECTADY IMPOSES OR
35 IS AUTHORIZED TO IMPOSE UNDER ANY OTHER PROVISION OF THIS ARTICLE.
36 S 9. Section 1210-D of the tax law is REPEALED.
37 S 10. Section 1210-E of the tax law is REPEALED.
38 S 11. Subdivision (a) of section 1211 of the tax law, as amended by
39 chapter 300 of the laws of 1968, is amended to read as follows:
40 (a) On request by a majority vote of the whole number of the school
41 authorities of the school district or districts which are coterminous
42 with, partly within or wholly within a city having a population of less
43 than one hundred twenty-five thousand, such city is hereby authorized
44 and empowered to adopt and amend local laws imposing for school district
45 purposes the taxes authorized under section twelve hundred ten OF THIS
46 SUBPART, at the rate of one-half, one, one and one-half, two, two and
47 one-half or three percent which rate shall be uniform for all taxes
48 imposed pursuant to the authority of this section; provided, however,
49 where a city imposes a tax under the authority of both [sections]
50 SECTION twelve hundred ten OF THIS SUBPART and [twelve hundred eleven]
51 THIS SECTION, the aggregate rate of the taxes imposed pursuant to both
52 sections cannot exceed three percent.
53 S 12. Subdivision (a) of section 1212 of the tax law, as amended by
54 section 40 of part S-1 of chapter 57 of the laws of 2009, is amended to
55 read as follows:
S. 5758--A 116
1 (a) Any school district which is coterminous with, partly within or
2 wholly within a city having a population of less than one hundred twen-
3 ty-five thousand, is hereby authorized and empowered, by majority vote
4 of the whole number of its school authorities, to impose for school
5 district purposes, within the territorial limits of such school district
6 and without discrimination between residents and nonresidents thereof,
7 the taxes described in subdivision (b) of section eleven hundred five OF
8 THIS CHAPTER (but excluding the tax on prepaid telephone calling
9 services) and the taxes described in clauses (E) and (H) of subdivision
10 (a) of section eleven hundred ten OF THIS CHAPTER, including the transi-
11 tional provisions in subdivision (b) of section eleven hundred six of
12 this chapter, so far as such provisions can be made applicable to the
13 taxes imposed by such school district and with such limitations and
14 special provisions as are set forth in this article, such taxes to be
15 imposed at the rate of one-half, one, one and one-half, two, two and
16 one-half or three percent which rate shall be uniform for all portions
17 and all types of receipts and uses subject to such taxes. In respect to
18 such taxes, all provisions of the resolution imposing them, except as to
19 rate and except as otherwise provided herein, shall be identical with
20 the corresponding provisions in [such] article twenty-eight of this
21 chapter, including the applicable definition and exemption provisions of
22 such article, so far as the provisions of such article twenty-eight of
23 this chapter can be made applicable to the taxes imposed by such school
24 district and with such limitations and special provisions as are set
25 forth in this article. The taxes described in subdivision (b) of section
26 eleven hundred five OF THIS CHAPTER (but excluding the tax on prepaid
27 telephone calling service) and clauses (E) and (H) of subdivision (a) of
28 section eleven hundred ten OF THIS CHAPTER, including the transitional
29 provision in subdivision (b) of [such] section eleven hundred six of
30 this chapter, may not be imposed by such school district unless the
31 resolution imposes such taxes so as to include all portions and all
32 types of receipts and uses subject to tax under such subdivision (but
33 excluding the tax on prepaid telephone calling service) and clauses.
34 Provided, however, that, where a school district imposes such taxes,
35 such taxes shall omit the provision for refund or credit contained in
36 subdivision (d) of section eleven hundred nineteen of this chapter with
37 respect to such taxes described in [such] subdivision (b) of section
38 eleven hundred five OF THIS CHAPTER unless such school district elects
39 to provide such provision or, if so elected, to repeal such provision.
40 S 13. Subdivisions (a) and (b) of section 1223 of the tax law, subdi-
41 vision (a) as amended by chapter 74 of the laws of 2010, subdivision (b)
42 as separately amended by chapters 4, 8 and 9 of the laws of 2003, are
43 amended to read as follows:
44 (a) (1) No transaction taxable under sections twelve hundred two
45 through twelve hundred four of this article shall be taxed pursuant to
46 this article by any county or by any city located therein, or by both,
47 at an aggregate rate in excess of the highest rate set forth in the
48 applicable subdivision of section twelve hundred one of this article
49 [or, in the case of any taxes imposed].
50 (2) NO TRANSACTION TAXABLE pursuant to the authority of section twelve
51 hundred ten or twelve hundred eleven of this article [(other than taxes
52 imposed by the county of Nassau, Erie, Steuben, Cattaraugus, Suffolk,
53 Oneida, Genesee, Greene, Franklin, Herkimer, Tioga, Orleans, Allegany,
54 Ulster, Albany, Rensselaer, Tompkins, Wyoming, Columbia, Schuyler, Rock-
55 land, Chenango, Monroe, Chemung, Seneca, Sullivan, Wayne, Livingston,
56 Schenectady, Montgomery, Delaware, Clinton, Niagara, Yates, Lewis,
S. 5758--A 117
1 Essex, Dutchess, Schoharie, Putnam, Chautauqua, Orange, Oswego, Ontario,
2 Jefferson or Onondaga and by the county of Cortland and the city of
3 Cortland and by the county of Broome and the city of Binghamton and by
4 the county of Cayuga and the city of Auburn and by the county of Otsego
5 and the city of Oneonta and by the county of Madison and the city of
6 Oneida and by the county of Fulton and the city of Gloversville or the
7 city of Johnstown as provided in section twelve hundred ten of this
8 article) at a rate in excess of three percent, except that, in the city
9 of Yonkers, in the city of Mount Vernon, in the city of New Rochelle, in
10 the city of Fulton and in the city of Oswego, the rate may not be in
11 excess of four percent and in the city of White Plains, the rate may not
12 be in excess of four percent and except that in the city of Poughkeepsie
13 in the county of Dutchess, if such county withdraws from the metropol-
14 itan commuter transportation district pursuant to section twelve hundred
15 seventy-nine-b of the public authorities law and if the revenues from a
16 three-eighths percent rate of such tax imposed by such county, pursuant
17 to the authority of section twelve hundred ten of this article, are
18 required by local laws, ordinances or resolutions to be set aside for
19 mass transportation purposes, the rate may not be in excess of three and
20 three-eighths percent] SHALL BE TAXED PURSUANT TO SUCH SECTIONS BY ANY
21 COUNTY OR BY ANY CITY LOCATED THEREIN, OR BY BOTH, AT AN AGGREGATE RATE
22 IN EXCESS OF THREE PERCENT, OTHER THAN TAXES IMPOSED BY A COUNTY OR BY A
23 CITY AS PROVIDED, RESPECTIVELY, IN SUBDIVISION (K) OF SECTION TWELVE
24 HUNDRED TEN OF THIS ARTICLE.
25 (b) If a transaction is taxed by both a county and a city PURSUANT TO
26 THE AUTHORITY OF SECTION TWELVE HUNDRED TWO, TWELVE HUNDRED THREE OR
27 TWELVE HUNDRED FOUR OF THIS ARTICLE, OR PURSUANT TO THE AUTHORITY OF
28 SECTION TWELVE HUNDRED TEN OR TWELVE HUNDRED ELEVEN OF THIS ARTICLE, the
29 rate of tax on such transaction imposed by the county or city, not
30 having prior right thereto pursuant to section twelve hundred twenty-
31 four OF THIS ARTICLE, shall be deemed to be reduced (or the entire tax
32 eliminated, if necessary) to the extent necessary to comply with the
33 [foregoing] requirement OF PARAGRAPH ONE OR TWO OF SUBDIVISION (A) OF
34 THIS SECTION.
35 (C) A tax imposed by a county upon any transaction, to the extent that
36 it would require a reduction in any tax rate imposed thereon by a city,
37 shall not become effective in respect to any transaction taxed by such
38 city (or in respect of other similar transactions outside of the city
39 which, if occurring in such city, would be subject to such city tax)
40 before the commencement of the city's next succeeding fiscal year and
41 then only if the county shall have given notice to such city of its
42 imposition of a tax on such transaction at least six months prior to the
43 commencement of such fiscal year, provided however that the local legis-
44 lative body of such city may waive the requirement of such notice and
45 the postponement of the effective date of such tax. A city tax upon any
46 transaction, to the extent that it would require a reduction in any tax
47 rate imposed by a county thereon, shall not become effective in respect
48 of any transaction taxed by such county before the commencement of the
49 county's next succeeding fiscal year and then only if the city shall
50 have given notice to such county of its imposition of a tax on such
51 transaction at least six months prior to the commencement of such fiscal
52 year, provided, however, that the local legislative body of such county
53 may waive the requirement of such notice and postponement of the effec-
54 tive date of such tax. However, whether or not the six months' notice
55 requirement provided in this section has been waived, a tax imposed
56 pursuant to the authority of section twelve hundred ten or twelve
S. 5758--A 118
1 hundred eleven OF THIS ARTICLE shall still be subject to the require-
2 ments provided for in the first three sentences of subdivision (d) of
3 such sections and in subdivision (e) of such sections.
4 S 14. Subdivisions (a), (b) and (c) of section 1224 of the tax law, as
5 amended by chapter 426 of the laws of 1968, paragraph 2 of subdivision
6 (a) and paragraph 2 of subdivision (b) as amended by chapter 506 of the
7 laws of 1976, paragraph 1 of subdivision (b) as amended by section 40 of
8 part Y of chapter 63 of the laws of 2000, are amended to read as
9 follows:
10 (a) Where a county contains one or more cities of less than one
11 million, such county shall have prior right to impose:
12 (1) any or all of the taxes described in subdivisions (c), (d) and (e)
13 of section twelve hundred one OF THIS ARTICLE, as authorized by section
14 twelve hundred two OF THIS ARTICLE.
15 (2) all of the taxes described in article twenty-eight OF THIS CHAPTER
16 as authorized by subdivision (a) of section twelve hundred ten OF THIS
17 ARTICLE, to the extent of one-half the maximum rates authorized under
18 such subdivision, except as otherwise provided in this section.
19 (b) Each city in such a county shall have prior right to impose:
20 (1) any or all of the taxes described in subdivisions (b), (d), (e)
21 and (f) of section eleven hundred five OF THIS CHAPTER, and, where the
22 tax described in subdivision (b) of section eleven hundred five OF THIS
23 CHAPTER is imposed, all of the taxes described in clauses (E), (G) and
24 (H) of subdivision (a) of section eleven hundred ten of this chapter, as
25 authorized by subdivision (b) of section twelve hundred ten of this
26 article.
27 (2) all of the taxes described in article twenty-eight OF THIS CHAPTER
28 as authorized by subdivision (a) of section twelve hundred ten OF THIS
29 ARTICLE, or by section twelve hundred eleven OF THIS ARTICLE, to the
30 extent of one-half the maximum aggregate rates authorized under such
31 subdivision (a) and such section twelve hundred eleven, except as other-
32 wise provided in this section.
33 (c) [However] EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, where a
34 county containing a city with a population of one hundred twenty-five
35 thousand or more imposes all of the taxes described in article twenty-
36 eight OF THIS CHAPTER as authorized by subdivision (a) of section twelve
37 hundred ten OF THIS ARTICLE (1) for county purposes and (2) for educa-
38 tional purposes or for allocation and distribution to cities and the
39 area outside cities, in accordance with section twelve hundred sixty-two
40 OF THIS ARTICLE, the county shall have the prior right to impose such
41 taxes for county purposes at A RATE not to exceed [one-third of the
42 maximum rate authorized under subdivision (a) of section twelve hundred
43 ten] ONE PERCENT and prior right to impose such taxes for educational
44 purposes or for such allocation and distribution, or both, at A RATE not
45 to exceed [one-third of such maximum rate] ONE PERCENT. In such event,
46 a city in the county shall have prior right to impose such taxes at A
47 RATE not to exceed [one-third of such maximum rate] ONE PERCENT. TO THE
48 EXTENT THAT SUCH A COUNTY IMPOSES TAX AT THE RATE OF FOUR PERCENT OR
49 LESS, AND SUBDIVISION (E) OF THIS SECTION DOES NOT EXTEND TO THAT COUNTY
50 THE SOLE RIGHT TO IMPOSE A RATE OF TAX IN EXCESS OF THREE PERCENT, THE
51 COUNTY AND ANY CITY IN THAT COUNTY SHALL HAVE THE RESPECTIVE RIGHTS
52 PROVIDED IN PARAGRAPH TWO OF SUBDIVISION (A) OR IN SUBDIVISION (B) OF
53 THIS SECTION WITH RESPECT TO THE RATE OF TAX IN EXCESS OF THREE PERCENT,
54 BUT NOT IN EXCESS OF FOUR PERCENT, NOT IMPOSED BY THAT COUNTY.
55 S 15. Subdivisions (d), (e), (f), (g), (h), (i), (j), (k), (l), (m),
56 (n), (o), (p), (q), (r), (t), (u), (v), (w), (x), (y), (z), (z-1), (aa),
S. 5758--A 119
1 (bb), (cc), (dd), (ee), (ff) and (gg) of section 1224 of the tax law are
2 REPEALED.
3 S 16. Section 1224 of the tax law is amended by adding four new subdi-
4 visions (d), (e), (f) and (g) to read as follows:
5 (D) FOR PURPOSES OF THIS SECTION, THE TERM "PRIOR RIGHT" SHALL MEAN
6 THE PREFERENTIAL RIGHT TO IMPOSE ANY TAX DESCRIBED IN SECTIONS TWELVE
7 HUNDRED TWO AND TWELVE HUNDRED THREE, OR TWELVE HUNDRED TEN AND TWELVE
8 HUNDRED ELEVEN, OF THIS ARTICLE AND THEREBY TO PREEMPT SUCH TAX AND TO
9 PRECLUDE ANOTHER MUNICIPAL CORPORATION FROM IMPOSING OR CONTINUING THE
10 IMPOSITION OF SUCH TAX TO THE EXTENT THAT SUCH RIGHT IS EXERCISED.
11 HOWEVER, THE RIGHT OF PREEMPTION SHALL ONLY APPLY WITHIN THE TERRITORIAL
12 LIMITS OF THE TAXING JURISDICTION HAVING THE RIGHT OF PREEMPTION.
13 (E) EACH OF THE FOLLOWING COUNTIES AND CITIES SHALL HAVE THE SOLE
14 RIGHT TO IMPOSE THE FOLLOWING RATE OF SALES AND COMPENSATING USE TAXES
15 IN EXCESS OF THREE PERCENT, BUT NOT IN EXCESS OF FOUR PERCENT, THAT SUCH
16 COUNTY OR CITY IS AUTHORIZED TO IMPOSE PURSUANT TO THE AUTHORITY OF
17 SECTION TWELVE HUNDRED TEN OF THIS ARTICLE. SUCH ADDITIONAL RATE OF TAX
18 IN EXCESS OF THREE PERCENT SHALL NOT BE SUBJECT TO PREEMPTION. NOTHING
19 IN THIS SUBDIVISION SHALL PRECLUDE A COUNTY OR A CITY IN THAT COUNTY
20 FROM IMPOSING A RATE OF TAX PURSUANT TO THE AUTHORITY OF SUBDIVISION (A)
21 OR (B) OF SECTION TWELVE HUNDRED TEN OF THIS ARTICLE IN EXCESS OF THREE
22 PERCENT TO THE EXTENT THAT THIS SUBDIVISION DOES NOT RESERVE A RATE IN
23 EXCESS OF THREE PERCENT TO THE COUNTY OR CITY. PROVIDED HOWEVER, IF AT
24 ANY TIME SECTION TWELVE HUNDRED TEN OF THIS ARTICLE AUTHORIZED FOR THE
25 COUNTIES LISTED IN PARAGRAPH ONE OF THIS SUBDIVISION A RATE IN EXCESS OF
26 THE RATES LISTED IN PARAGRAPH ONE OF THIS SUBDIVISION, SUCH COUNTY SHALL
27 HAVE THE SOLE RIGHT TO IMPOSE SUCH HIGHER RATE.
28 (1) COUNTIES:
29 (A) ONE-QUARTER OF ONE PERCENT - NONE.
30 (B) ONE-HALF OF ONE PERCENT - CHAUTAUQUA, ONTARIO, SCHENECTADY.
31 (C) THREE-QUARTERS OF ONE PERCENT - DUTCHESS, ESSEX, JEFFERSON, LEWIS,
32 ORANGE.
33 (D) ONE PERCENT - ALBANY, ALLEGANY, BROOME, CATTARAUGUS, CHEMUNG,
34 CHENANGO, CLINTON, COLUMBIA, DELAWARE, ERIE, FRANKLIN, GENESEE, GREENE,
35 HERKIMER, LIVINGSTON, MONROE, MONTGOMERY, NASSAU, NIAGARA, ONEIDA, ONON-
36 DAGA, ORLEANS, PUTNAM, RENSSELAER, ROCKLAND, SCHOHARIE, SCHUYLER, SENE-
37 CA, STEUBEN, SUFFOLK, SULLIVAN, TIOGA, TOMPKINS, ULSTER, WAYNE, WYOMING,
38 YATES.
39 (2) CITIES:
40 (A) ONE-QUARTER OF ONE PERCENT - NONE.
41 (B) ONE-HALF OF ONE PERCENT - NONE.
42 (C) THREE-QUARTERS OF ONE PERCENT - WHITE PLAINS.
43 (D) ONE PERCENT - MOUNT VERNON, NEW ROCHELLE, YONKERS.
44 (F) EACH OF THE FOLLOWING COUNTIES AND CITIES SHALL HAVE THE SOLE
45 RIGHT TO IMPOSE THE FOLLOWING RATE OF SALES AND COMPENSATING USE TAXES
46 IN EXCESS OF FOUR PERCENT THAT SUCH COUNTY OR CITY IS AUTHORIZED TO
47 IMPOSE PURSUANT TO THE AUTHORITY OF SUBDIVISIONS (A) AND (K) OF SECTION
48 TWELVE HUNDRED TEN OF THIS ARTICLE. SUCH ADDITIONAL RATE OF TAX IN
49 EXCESS OF FOUR PERCENT SHALL NOT BE SUBJECT TO PREEMPTION.
50 (1) COUNTIES:
51 (A) ONE-QUARTER OF ONE PERCENT - HERKIMER, NASSAU.
52 (B) ONE-HALF OF ONE PERCENT - ALLEGANY.
53 (C) THREE-QUARTERS OF ONE PERCENT - ERIE, ONEIDA.
54 (D) ONE PERCENT - NONE.
55 (2) CITIES:
56 (A) ONE-QUARTER OF ONE PERCENT - NONE.
S. 5758--A 120
1 (B) ONE-HALF OF ONE PERCENT - NONE.
2 (C) THREE-QUARTERS OF ONE PERCENT - NONE.
3 (D) ONE PERCENT - NONE.
4 (G) EACH OF THE FOLLOWING CITIES IS AUTHORIZED TO PREEMPT THE TAXES
5 IMPOSED PURSUANT TO THE AUTHORITY OF SUBDIVISION (A) OF SECTION TWELVE
6 HUNDRED TEN OF THIS ARTICLE BY THE COUNTY IN WHICH IT IS LOCATED, TO THE
7 EXTENT OF ONE-HALF THE MAXIMUM AGGREGATE RATE AUTHORIZED UNDER SECTION
8 TWELVE HUNDRED TEN OF THIS ARTICLE: AUBURN, IN CAYUGA COUNTY; CORTLAND,
9 IN CORTLAND COUNTY; GLOVERSVILLE OR JOHNSTOWN, IN FULTON COUNTY; ONEIDA,
10 IN MADISON COUNTY; ONEONTA, IN OTSEGO COUNTY. AS OF THE DATE THIS SUBDI-
11 VISION TAKES EFFECT, ANY SUCH PREEMPTION IN EFFECT ON SUCH DATE SHALL
12 CONTINUE IN FULL FORCE AND EFFECT UNTIL THE EFFECTIVE DATE OF A LOCAL
13 LAW, ORDINANCE OR RESOLUTION ADOPTED OR AMENDED BY A CITY TO CHANGE SUCH
14 PREEMPTION. ANY PREEMPTION TO TAKE EFFECT UNDER THIS SUBDIVISION AFTER
15 THE DATE THIS SUBDIVISION TAKES EFFECT SHALL BE SUBJECT TO THE NOTICE
16 REQUIREMENTS IN SECTION TWELVE HUNDRED TWENTY-THREE OF THIS SUBPART AND
17 TO THE OTHER REQUIREMENTS OF THIS ARTICLE.
18 S 17. Subdivisions (s) and (hh) of section 1224 of the tax law, subdi-
19 vision (s) as amended by chapter 117 of the laws of 2004, paragraph 2 of
20 subdivision (s) as amended by section 3-a of part M-1 of chapter 109 of
21 the laws of 2006, subdivision (hh) as added by section 3 of part M-1 of
22 chapter 109 of the laws of 2006, are amended to read as follows:
23 [(s)] (H) (1) Notwithstanding any other provision of this section,
24 each city in the county of Oswego shall have prior right to impose:
25 (A) all of the taxes described in article twenty-eight of this chapter
26 as authorized by subdivision (a) of section twelve hundred ten or by
27 section twelve hundred eleven of this article, up to the maximum rate
28 authorized by the opening paragraph of such section twelve hundred ten.
29 (B) any or all of the taxes described in subdivisions (b), (d), (e)
30 and (f) of section eleven hundred five of this chapter, and, where the
31 tax described in such subdivision (b) of section eleven hundred five is
32 imposed, all of the taxes described in clauses (E), (G) and (H) of
33 subdivision (a) of section eleven hundred ten of this chapter, as
34 authorized by subdivision (b) of section twelve hundred ten of this
35 article.
36 (2) Notwithstanding any provision of this article, [during any period
37 that] TAX IMPOSED BY the county of Oswego [is authorized to impose an
38 additional rate of tax by] PURSUANT TO THE AUTHORITY OF SUBDIVISION (A)
39 OF section twelve hundred ten of this article[, such county shall have
40 the sole right to impose such additional rate, such additional rate of
41 tax shall be in addition to any other tax which such county may impose
42 or may be imposing pursuant to this article or any other law, and such
43 additional rate of tax] AT THE RATE OF FOUR PERCENT OR LESS shall not be
44 subject to [pre-emption and] PREEMPTION BUT shall apply only in the area
45 of the county outside the cities in such county, provided that such
46 [additional] rate of the county shall apply in a city in such county to
47 the extent the city does not impose tax pursuant to the authority of
48 section twelve hundred ten of this article [at a rate greater than three
49 percent].
50 [(hh)] (I) Notwithstanding the foregoing provisions of this section or
51 other law to the contrary:
52 (1) If a county, other than a county to which subdivision (c) of this
53 section applies and other than Oswego county, and a city in the county
54 each impose sales and compensating use taxes pursuant to the authority
55 of subpart B of part one of this article, and
S. 5758--A 121
1 (A) neither elects to tax motor fuel and diesel motor fuel as
2 described in subdivision (m) of section eleven hundred eleven of this
3 chapter, the provisions of paragraph two of subdivisions (a) and (b) of
4 this section, EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISIONS (E) THROUGH
5 (G) OF THIS SECTION, shall apply to their rates of tax on motor fuel and
6 diesel motor fuel in such city; or
7 (B) both elect to tax motor fuel and diesel motor fuel as described in
8 subdivision (m) of section eleven hundred eleven of this chapter, each
9 shall have the prior right to the taxes on such fuels as described in
10 subdivision (m) of section eleven hundred eleven of this chapter, to the
11 extent of one-half the maximum rate authorized for such county or city,
12 without regard to whether they have chosen the two dollar or three
13 dollar base on which such taxes may be imposed; or
14 (C) only one of them elects to tax motor fuel and diesel motor fuel as
15 described in subdivision (m) of section eleven hundred eleven of this
16 chapter, the one that did not make such election shall have the prior
17 right to impose taxes on such fuels described in subdivision (m) of
18 section eleven hundred eleven of this chapter, to the extent of one-half
19 the maximum rate, and the one that did make such election shall have the
20 prior right to impose taxes on such fuels described in subdivision (m)
21 of section eleven hundred eleven of this chapter, to the extent of one-
22 half the maximum rate authorized for such locality but with regard to
23 whether it chose the two dollar or three dollar base on which such taxes
24 may be imposed.
25 (2) If a county to which subdivision (c) of this section applies and a
26 city in such county each impose sales and compensating use taxes pursu-
27 ant to the authority of subpart B of part one of this article, and
28 (A) neither elects to tax motor fuel and diesel motor fuel as
29 described in subdivision (m) of section eleven hundred eleven of this
30 chapter, the provisions of subdivision (c) of this section shall apply
31 to their rates of tax on motor fuel and diesel motor fuel in such city;
32 or
33 (B) both elect to tax motor fuel and diesel motor fuel as described in
34 subdivision (m) of section eleven hundred eleven of this chapter, the
35 county shall have the prior right to impose taxes on such fuels as
36 described in subdivision (m) of section eleven hundred eleven of this
37 chapter, to the extent of two-thirds, and the city shall have the prior
38 right to impose taxes on such fuels as described in subdivision (m) of
39 section eleven hundred eleven of this chapter, to the extent of one-
40 third, of the maximum rate authorized for such county and city, without
41 regard to whether they have chosen the two dollar or three dollar base
42 on which such taxes may be imposed; or
43 (C) only one of them elects to tax motor fuel and diesel motor fuel as
44 described in subdivision (m) of section eleven hundred eleven of this
45 chapter, if the county did not make such election, it shall have the
46 prior right to impose taxes on such fuels described in subdivision (m)
47 of section eleven hundred eleven of this chapter, to the extent of two-
48 thirds the maximum rate authorized, and the city shall have the prior
49 right to impose taxes on such fuels described in subdivision (m) of
50 section eleven hundred eleven of this chapter, to the extent of one-
51 third the maximum rate authorized for such city but with regard to
52 whether it chose the two dollar or three dollar base on which such tax
53 may be imposed; and, if the city did not make the election, it shall
54 have the prior right to impose taxes on such fuels described in subdivi-
55 sion (m) of section eleven hundred eleven of this chapter, to the extent
56 of one-third the maximum rate authorized, and the county shall have the
S. 5758--A 122
1 prior right to impose taxes on such fuels described in subdivision (m)
2 of section eleven hundred eleven of this chapter, to the extent of two-
3 thirds the maximum rate authorized for such county but with regard to
4 whether it chose the two dollar or three dollar base on which such taxes
5 may be imposed.
6 (3) In Oswego county, references in subparagraph (A) of paragraph one
7 of subdivision [(s)] (H) of this section to tax imposed by a city in
8 such county at the maximum rate authorized or in subparagraph (B) of
9 PARAGRAPH ONE OF subdivision [(s)] (H) of this section to the taxes
10 described in subdivision (b) of section eleven hundred five of this
11 chapter shall include tax imposed by the city pursuant to any election
12 it makes under subdivision (m) of section eleven hundred eleven of this
13 chapter, regardless of whether such city chooses the two dollar or three
14 dollar base on which such tax may be imposed.
15 (4) Nothing in this subdivision or in subdivision (m) of section elev-
16 en hundred eleven of this chapter shall be construed to affect the
17 authority of a county or city to impose an additional rate of tax IN
18 EXCESS OF THREE PERCENT pursuant to this article, provided that, if a
19 county or city makes the election described in subdivision (m) of
20 section eleven hundred eleven of this chapter, such election shall apply
21 uniformly to any tax it imposes pursuant to the authority of subpart B
22 of part one of this article, including any SUCH additional rate of tax
23 it is authorized to impose.
24 (5) For purposes of this section, the terms "maximum rate authorized"
25 and "maximum rate" shall each have the same meaning as in subdivisions
26 (a)[, (b)] and [(c)] (B) of this section.
27 S 18. Paragraph 2 of subdivision (c) of section 1261 of the tax law,
28 as amended by section 9 of part SS-1 of chapter 57 of the laws of 2008,
29 is amended to read as follows:
30 (2) However, the taxes, penalties and interest from the [additional]
31 one percent rate IN EXCESS OF THREE PERCENT which the city of Yonkers is
32 authorized to impose pursuant to section twelve hundred ten of this
33 article, after the comptroller has reserved such refund fund and such
34 cost shall be paid to the special sales and compensating use tax fund
35 for the city of Yonkers established by section ninety-two-f of the state
36 finance law at the times set forth in [the preceding sentence] PARAGRAPH
37 ONE OF THIS SUBDIVISION.
38 S 19. Subdivisions (a) and (b) of section 1262-a of the tax law,
39 subdivision (a) as amended and subdivision (b) as added by chapter 617
40 of the laws of 1992, are amended to read as follows:
41 (a) In the event that the county of Tompkins and the city of Ithaca
42 both impose the same taxes described in section twelve hundred two,
43 twelve hundred three or twelve hundred ten of this [chapter] ARTICLE,
44 the county shall have power to impose or continue to impose such taxes
45 on the area of the county outside such city up to the maximum rate
46 authorized therefor. In such event, notwithstanding the provisions of
47 [the preceding] section TWELVE HUNDRED SIXTY-TWO OF THIS PART, the
48 portion of the net collections received by the county by reason of its
49 additional rate on such area (CONSIDERED WITHOUT REGARD TO THE PORTION
50 OF ANY COUNTY RATE IN EXCESS OF THREE PERCENT), shall be allocated quar-
51 terly to the towns in such area in proportion to their respective popu-
52 lations, and allocated between the towns and villages, if any village
53 elects to take its share in cash, in proportion to their respective
54 populations, determined in accordance with the latest decennial federal
55 census or special population census taken pursuant to section twenty of
S. 5758--A 123
1 the general municipal law completed and published prior to the end of
2 the quarter for which the allocation is made.
3 (b) Notwithstanding any other provision of law to the contrary, if the
4 county of Tompkins imposes [the additional one-half or one percent rate
5 of] tax pursuant to the [provisions] AUTHORITY of SUBDIVISION (A) OF
6 section twelve hundred ten of this article AT A RATE IN EXCESS OF THREE
7 PERCENT, the [net collections received by the] county [of Tompkins on
8 account of such additional rate during the first six months such addi-
9 tional rate is in effect] shall [be retained by the county of Tompkins
10 to be used for any county purpose. Thereafter,] RETAIN seventy-five [per
11 centum] PERCENT of net collections attributable to such [additional]
12 rate [shall be retained by the county of Tompkins] IN EXCESS OF THREE
13 PERCENT, to be used for any county purpose, and SHALL ALLOCATE the
14 remaining twenty-five [per centum] PERCENT of [such] net collections
15 [shall be allocated] FROM SUCH RATE IN EXCESS OF THREE PERCENT BETWEEN
16 THE CITY OF ITHACA AND THE AREA OF THE COUNTY OUTSIDE SUCH CITY as
17 follows:
18 (1) Where the city of Ithaca imposes [a] tax pursuant to the authority
19 of subdivision (a) of section [one thousand two] TWELVE hundred ten of
20 this article, [that portion received by] the county [on account of the
21 additional tax imposed by the county] SHALL ALLOCATE THE PORTION OF SUCH
22 NET COLLECTIONS ON ACCOUNT OF ITS RATE OF TAX IN EXCESS OF THREE PERCENT
23 within the city of Ithaca [shall be allocated] to the city of Ithaca to
24 be used for any city purpose. Where the city of Ithaca does not impose
25 [a] tax pursuant to the authority of such subdivision (a) of section
26 [one thousand two] TWELVE hundred ten the amount required to be allo-
27 cated to such city, to be used for any city purpose, shall be determined
28 in proportion to such city's population determined as a portion of the
29 county's total population as determined in accordance with the latest
30 decennial federal census or special population census taken pursuant to
31 section twenty of the general municipal law completed and published
32 prior to the end of the quarter for which the allocation is made.
33 (2) The balance of such twenty-five [per centum] PERCENT OF THE COUN-
34 TY'S NET COLLECTIONS FROM ITS TAX IMPOSED AT A RATE IN EXCESS OF THREE
35 PERCENT, after deduction of the amount allocated to the city of Ithaca
36 pursuant to paragraph one of this subdivision, shall be allocated to the
37 towns of such county, and between towns and villages, if any village
38 elects to take its share in cash, in the manner described in subdivision
39 (a) of this section with respect to the area of the county outside the
40 city of Ithaca.
41 S 20. Section 1262-e of the tax law, as amended by chapter 286 of the
42 laws of 2009, is amended to read as follows:
43 S 1262-e. [Establishment] NASSAU COUNTY - ESTABLISHMENT of local
44 government assistance programs [in Nassau county]. 1. Towns and cities.
45 Notwithstanding any other provision of law to the contrary, for [the]
46 calendar [year] YEARS beginning [on] January first, nineteen hundred
47 ninety-eight and continuing [through the calendar year beginning on
48 January first, two thousand eleven] ANNUALLY THEREAFTER, the county of
49 Nassau shall enact and establish a local government assistance program
50 for the towns and cities within such county to assist such towns and
51 cities to minimize real property taxes; defray the cost and expense of
52 the treatment, collection, management, disposal, and transportation of
53 municipal solid waste, and to comply with the provisions of chapter two
54 hundred ninety-nine of the laws of nineteen hundred eighty-three; and
55 defray the cost of maintaining conservation and environmental control
56 programs. Such special assistance program for the towns and cities with-
S. 5758--A 124
1 in such county and the funding for such program shall equal [one-third
2 of] the revenues received by such county from the imposition of [the
3 three-quarters percent] ITS sales and COMPENSATING use [tax during]
4 TAXES IMPOSED AT THE RATE OF ONE-QUARTER OF ONE PERCENT IN EXCESS OF
5 THREE PERCENT EACH calendar [years two thousand one, two thousand two,
6 two thousand three, two thousand four, two thousand five, two thousand
7 six, two thousand seven, two thousand eight, two thousand nine, two
8 thousand ten, and two thousand eleven additional to the regular three
9 percent rate authorized for such county in section twelve hundred ten of
10 this article] YEAR. The monies for such special local assistance shall
11 be paid and distributed to the towns and cities on a per capita basis
12 using the population figures in the latest decennial federal census.
13 Provided further, that notwithstanding any other law to the contrary,
14 the establishment of such special assistance program shall preclude any
15 city or town within such county from preempting or claiming under any
16 other section of this [chapter] ARTICLE the revenues derived from the
17 [additional] COUNTY'S FIRST THREE-QUARTERS OF ONE PERCENT RATE OF tax IN
18 EXCESS OF THREE PERCENT authorized by section twelve hundred ten of this
19 article. Provided further, that any such town or towns may, by resol-
20 ution of the town board, apportion all or a part of monies received in
21 such special assistance program to an improvement district or special
22 district account within such town or towns in order to accomplish the
23 purposes of this special assistance program.
24 2. Villages. Notwithstanding any other provision of law to the contra-
25 ry, for [the] calendar [year] YEARS beginning [on] January first, nine-
26 teen hundred ninety-eight and continuing [through the calendar year
27 beginning on January first, two thousand eleven] ANNUALLY THEREAFTER,
28 the county of Nassau, by local law, is hereby empowered to enact and
29 establish a local government assistance program for the villages within
30 such county to assist such villages to minimize real property taxes;
31 defray the cost and expense of the treatment, collection, management,
32 disposal, and transportation of municipal solid waste; and defray the
33 cost of maintaining conservation and environmental control programs. The
34 funding of such local assistance program for the villages within such
35 county may be provided by Nassau county during any calendar year in
36 which such village local assistance program is in effect and shall not
37 exceed one-sixth of the revenues [received] THE COUNTY RECEIVES from
38 [the imposition of the three-quarters percent] ITS sales and COMPENSAT-
39 ING use [tax that are remaining after the towns and cities have received
40 their funding pursuant to the provisions of subdivision one of this
41 section] TAXES IMPOSED AT THE RATE OF ONE-HALF OF ONE PERCENT IN EXCESS
42 OF THREE PERCENT. The funding for such village local assistance program
43 shall be paid and distributed to the villages on a per capita basis
44 using the population figures in the latest decennial federal census.
45 Provided further, that the establishment of such village local assist-
46 ance program shall preclude any village within such county from
47 [preempting or] claiming under any other section of this [chapter] ARTI-
48 CLE the revenues derived from the [additional] COUNTY'S FIRST
49 THREE-QUARTERS OF ONE PERCENT RATE OF tax IN EXCESS OF THREE PERCENT
50 authorized by section twelve hundred ten of this article.
51 S 21. Section 1262-g of the tax law, as amended by chapter 168 of the
52 laws of 2009, is amended to read as follows:
53 S 1262-g. [Allocation] ONEIDA COUNTY - ALLOCATION and distribution of
54 net collections from the [additional] one percent rate of sales and
55 compensating use taxes in [Oneida county] EXCESS OF THREE PERCENT.
56 Notwithstanding any contrary provision of law, if the county of Oneida
S. 5758--A 125
1 imposes sales and compensating use taxes at a rate which is one percent
2 [additional to] IN EXCESS OF the three percent rate, AS authorized by
3 section twelve hundred ten of this article[, as authorized by such
4 section], (a) where a city in such county imposes tax pursuant to the
5 authority of subdivision (a) of such section twelve hundred ten, such
6 county shall allocate, distribute and pay in cash quarterly to such city
7 one-half of the net collections attributable to such [additional] one
8 percent rate of the county's taxes collected in such city's boundaries;
9 (b) where a city in such county does not impose tax pursuant to the
10 authority of such subdivision (a) of such section twelve hundred ten,
11 such county shall allocate, distribute and pay in cash quarterly to such
12 city not so imposing tax a portion of the COUNTY'S net collections
13 attributable to one-half of [the county's additional] SUCH one percent
14 rate of tax calculated on the basis of the ratio which such city's popu-
15 lation bears to the county's total population, such populations as
16 determined in accordance with the latest decennial federal census or
17 special population census taken pursuant to section twenty of the gener-
18 al municipal law completed and published prior to the end of the quarter
19 for which the allocation is made, which special census must include the
20 entire area of the county; and (c) provided, however, [(1) that such
21 county shall dedicate the first five hundred thousand dollars of net
22 collections attributable to such additional one percent rate of tax
23 received by such county after the county receives in the aggregate eigh-
24 teen million five hundred thousand dollars of net collections from such
25 additional one percent rate of tax imposed for the period September
26 first, nineteen hundred ninety-two, through August thirty-first, nine-
27 teen hundred ninety-three, and the first one million five hundred thou-
28 sand dollars of such net collections after the county receives in the
29 aggregate eighteen million five hundred thousand dollars of such net
30 collections for the period September first, nineteen hundred ninety-
31 three, through August thirty-first, nineteen hundred ninety-four, to an
32 allocation on a per capita basis, utilizing figures from the latest
33 decennial federal census or special population census taken pursuant to
34 section twenty of the general municipal law, completed and published
35 prior to the end of the year for which such allocation is made, which
36 special census must include the entire area of such county, to be allo-
37 cated and distributed among the towns and cities of Oneida county by
38 appropriation of its board of legislators; and (2)] that such county
39 shall dedicate the first one million five hundred thousand dollars of
40 net collections attributable to such [additional] one percent rate of
41 tax received by such county after the county receives in the aggregate
42 eighteen million five hundred thousand dollars of net collections from
43 such [additional] one percent rate of tax imposed for any [of the peri-
44 ods: September first, nineteen hundred ninety-four, through August thir-
45 ty-first, nineteen hundred ninety-five; September first, nineteen
46 hundred ninety-five through August thirty-first, nineteen hundred nine-
47 ty-six; September first, nineteen hundred ninety-six, through August
48 thirty-first, nineteen hundred ninety-seven; September first, nineteen
49 hundred ninety-seven through August thirty-first, nineteen hundred nine-
50 ty-eight; September first, nineteen hundred ninety-eight through August
51 thirty-first, nineteen hundred ninety-nine; September first, nineteen
52 hundred ninety-nine through August thirty-first, two thousand; September
53 first, two thousand through August thirty-first, two thousand one;
54 September first, two thousand one through August thirty-first, two thou-
55 sand two; September first, two thousand two through August thirty-first,
56 two thousand three; September first, two thousand three through August
S. 5758--A 126
1 thirty-first, two thousand four; September first, two thousand four
2 through August thirty-first, two thousand five, September first, two
3 thousand five through August thirty-first, two thousand six; September
4 first, two thousand six through August thirty-first, two thousand seven,
5 September first, two thousand seven through August thirty-first, two
6 thousand eight; September first, two thousand eight through August thir-
7 ty-first, two thousand nine; September first, two thousand nine through
8 August thirty-first, two thousand ten; and September first, two thousand
9 ten through August thirty-first, two thousand eleven] TWELVE MONTH PERI-
10 OD COMMENCING SEPTEMBER FIRST AND ENDING THE FOLLOWING AUGUST
11 THIRTY-FIRST, to an allocation on a per capita basis, utilizing figures
12 from the latest decennial federal census or special population census
13 taken pursuant to section twenty of the general municipal law, completed
14 and published prior to the end of the year for which such allocation is
15 made, which special census must include the entire area of such county,
16 to be allocated and distributed among the towns of Oneida county by
17 appropriation of its board of legislators; provided, further, that noth-
18 ing herein shall require such board of legislators to make any such
19 appropriation until it has been notified by any town by appropriate
20 resolution and, in any case where there is a village wholly or partly
21 located within a town, a resolution of every such village, embodying the
22 agreement of such town and village or villages upon the amount of such
23 appropriation to be distributed to such village or villages out of the
24 allocation to the town or towns in which it is located.
25 S 22. Section 1262-h of the tax law, as amended by chapter 284 of the
26 laws of 2009, is amended to read as follows:
27 S 1262-h. [Allocation] STEUBEN COUNTY - ALLOCATION and distribution of
28 net collections from the [additional] one percent rate of sales and
29 compensating use taxes in [Steuben county] EXCESS OF THREE PERCENT.
30 Notwithstanding any provision of law to the contrary, of the net
31 collections received by the county of Steuben as a result of the imposi-
32 tion of the [additional] one percent rate of tax IN EXCESS OF THREE
33 PERCENT authorized by section twelve hundred ten of this article [(a)
34 during the period beginning December first, nineteen hundred ninety-
35 three and ending November thirtieth, nineteen hundred ninety-four, the
36 county of Steuben shall pay or cause to be paid to the city of Hornell
37 the sum of two hundred thousand dollars, to the city of Corning the sum
38 of three hundred thousand dollars, and the sum of five hundred thousand
39 dollars to the towns and villages of the county of Steuben, on the basis
40 of the ratio which the full valuation of real property in each town or
41 village bears to the aggregate full valuation of real property in all of
42 the towns and villages in such area. Of the net collections received by
43 the county of Steuben as a result of the imposition of said additional
44 one percent rate of tax authorized by section twelve hundred ten of this
45 article during the period beginning December first, nineteen hundred
46 ninety-four and ending November thirtieth, nineteen hundred ninety-five,
47 the county of Steuben shall pay or cause to be paid to the city of
48 Hornell the sum of three hundred thousand dollars, to the city of Corn-
49 ing the sum of four hundred fifty thousand dollars, and the sum of seven
50 hundred fifty thousand dollars to the towns and villages of the county
51 of Steuben, on the basis of the ratio which the full valuation of real
52 property in each town or village bears to the aggregate full valuation
53 of real property in all of the towns and villages in such area; and (b)
54 during the period beginning December first, nineteen hundred ninety-five
55 and ending November thirtieth, two thousand seven, the county of Steuben
56 shall annually pay or cause to be paid to the city of Hornell the sum of
S. 5758--A 127
1 five hundred fifty thousand dollars, to the city of Corning the sum of
2 six hundred thousand dollars, and the sum of seven hundred fifty thou-
3 sand dollars to the towns and villages of the county of Steuben, on the
4 basis of the ratio which the full valuation of real property in each
5 town or village bears to the aggregate full valuation of real property
6 in all of the towns and villages in such area; and during the period
7 beginning December first, two thousand seven and ending November thirti-
8 eth, two thousand nine, the county of Steuben shall annually pay or
9 cause to be paid to the city of Hornell the sum of six hundred ten thou-
10 sand dollars, to the city of Corning the sum of six hundred fifty thou-
11 sand dollars, and the sum of seven hundred fifty thousand dollars to the
12 towns and villages of the county of Steuben, on the basis of the ratio
13 which the full valuation of real property in each town or village bears
14 to the aggregate full valuation of real property in all of the towns and
15 villages in such area; and] during the period beginning December first,
16 two thousand [nine] ELEVEN and ending November thirtieth, two thousand
17 [eleven] TWELVE, AND CONTINUING FOR SUCH TWELVE-MONTH PERIODS THEREAFT-
18 ER, the county of Steuben shall annually pay or cause to be paid to the
19 city of Hornell the sum of seven hundred ten thousand dollars, to the
20 city of Corning the sum of seven hundred ten thousand dollars, and the
21 sum of seven hundred fifty thousand dollars to the towns and villages of
22 the county of Steuben, on the basis of the ratio which the full valu-
23 ation of real property in each town or village bears to the aggregate
24 full valuation of real property in all of the towns and villages in such
25 area.
26 S 23. Section 1262-i of the tax law, as amended by chapter 420 of the
27 laws of 2003, is amended to read as follows:
28 S 1262-i. [Allocation] TIOGA COUNTY - ALLOCATION of net collections
29 from the [additional] one percent rate of sales and compensating use
30 taxes in [the county of Tioga] EXCESS OF THREE PERCENT. Notwithstanding
31 any contrary provision of law, one-half of the net collections received
32 by the county of Tioga from the one percent RATE OF sales and compensat-
33 ing use taxes in [addition to the] EXCESS OF three percent [rate, each
34 as] authorized by section twelve hundred ten of this article[,] shall be
35 deposited in the general fund of such county and one-half of such
36 collections shall be deposited by the county of Tioga in a capital
37 reserves fund. Disbursements from such capital reserves fund shall sole-
38 ly be made for the purposes of capital projects and repaying any debts
39 incurred for such capital projects in the county of Tioga.
40 S 24. Section 1262-j of the tax law, as amended by chapter 180 of the
41 laws of 1995, subdivision (b) as amended by chapter 27 of the laws of
42 2001, subdivision (c) as amended by chapter 283 of the laws of 2009, is
43 amended to read as follows:
44 S 1262-j. [Allocation] SUFFOLK COUNTY - ALLOCATION and distribution of
45 net collections from the [additional] ONE PERCENT RATE OF sales and
46 compensating use taxes in [Suffolk county] EXCESS OF THREE PERCENT. [(a)
47 Notwithstanding any provision of law to the contrary, of the net
48 collections received by the county of Suffolk as a result of the imposi-
49 tion of up to the additional one percent rate of tax authorized by
50 section twelve hundred ten of this chapter during the period beginning
51 January first, nineteen hundred ninety-four and ending December thirty-
52 first, nineteen hundred ninety-five, the county of Suffolk shall allo-
53 cate such net collections as follows: one-eighth of the net collections
54 received shall be dedicated for public safety purposes; an appropriate
55 amount shall be used to bring the maximum funds dedicated to the sewer
56 stabilization fund to twelve million five hundred thousand dollars annu-
S. 5758--A 128
1 ally; and, the balance shall be deposited in the general fund of the
2 county of Suffolk.
3 (b) Notwithstanding any provision of law to the contrary, of the net
4 collections received by the county of Suffolk as a result of the
5 increase of three-quarters of one percent to the tax authorized by
6 section twelve hundred ten of this article for the period beginning
7 January first, nineteen hundred ninety-six and ending May thirty-first,
8 two thousand one, imposed by local laws or resolutions (by simple major-
9 ity) by the county legislature, and signed by the county executive, the
10 county of Suffolk shall allocate such net collections as follows: an
11 amount equal to no less than one-eighth and no more than one-quarter of
12 net collections which would be received from the imposition of a full
13 one percent rate increase, shall be dedicated for public safety purposes
14 and the balance shall be deposited in the general fund of the county of
15 Suffolk.
16 (c)] Notwithstanding any provision of law to the contrary, [of the net
17 collections received by] IF the county of Suffolk [as a result of the
18 increase] IMPOSES SALES AND COMPENSATING USE TAXES AT THE RATE of one
19 percent [to the tax] IN EXCESS OF THREE PERCENT, AS authorized by
20 section twelve hundred ten of this article [for the period beginning
21 June first, two thousand one and ending November thirtieth, two thousand
22 eleven], imposed by local laws or resolutions (by simple majority) by
23 the county legislature, and signed by the county executive, the county
24 of Suffolk shall allocate [such] net collections FROM SUCH ONE PERCENT
25 RATE IN EXCESS OF THREE PERCENT as follows: no less than one-eighth and
26 no more than three-eighths of such net collections received shall be
27 dedicated for public safety purposes and the balance shall be deposited
28 in the general fund of the county of Suffolk.
29 S 25. Subdivision (d) of section 1262-k of the tax law, as added by
30 chapter 117 of the laws of 2004, is amended to read as follows:
31 (d) Subdivisions (a) and (b) of this section shall apply only with
32 respect to taxes imposed at a rate not to exceed three percent by the
33 county of Oswego and by any city in such county and without regard to
34 any [additional] rate of tax IN EXCESS OF THREE PERCENT that such county
35 or any such city may be authorized to or does impose.
36 S 26. Section 1262-l of the tax law, as amended by chapter 155 of the
37 laws of 2009, is amended to read as follows:
38 S 1262-l. [Allocation] ROCKLAND COUNTY - ALLOCATION and distribution
39 of net collections from the [additional] ONE PERCENT rate of sales and
40 compensating use tax in [Rockland county] EXCESS OF THREE PERCENT. [1.]
41 Notwithstanding any provision of law to the contrary, if the county of
42 Rockland imposes the [additional five-eighths of] one percent rate of
43 tax IN EXCESS OF THREE PERCENT authorized by section twelve hundred ten
44 of this article [during the period beginning March] EFFECTIVE DECEMBER
45 first, two thousand [two, and ending November thirtieth, two thousand]
46 eleven AND THEREAFTER, such county shall allocate and distribute [twenty
47 percent] (1) ONE-EIGHTH of the net collections from such [additional]
48 ONE PERCENT rate to the towns and villages in the county in accordance
49 with subdivision (c) of section twelve hundred sixty-two of this part on
50 the basis of the ratio which the population of each such town or village
51 bears to such county's total population; and
52 [2. Notwithstanding any provision of law to the contrary, if the coun-
53 ty of Rockland imposes the additional three-eighths of one percent rate
54 of tax authorized by section twelve hundred ten of this article during
55 the period beginning March first, two thousand seven, and ending Novem-
56 ber thirtieth, two thousand eleven, such county shall allocate and
S. 5758--A 129
1 distribute sixteen and two-thirds percent] (2) ONE-EIGHTH of the net
2 collections from such [additional] ONE PERCENT rate to the general funds
3 of towns and villages within the county of Rockland with existing town
4 and village police departments [from March first, two thousand seven
5 through December thirty-first, two thousand seven and thirty-three and
6 one-third percent of the net collections from such additional rate from
7 January first, two thousand eight through November thirtieth, two thou-
8 sand eleven. The monies allocated and distributed pursuant to this
9 subdivision shall be allocated and distributed to towns and villages
10 with police departments] on the basis of the number of full-time equiv-
11 alent police officers employed by each police department and shall not
12 be used for salaries heretofore or hereafter negotiated.
13 S 27. Section 1262-l of the tax law, as added by chapter 207 of the
14 laws of 2002, is amended by adding a new subdivision (c) to read as
15 follows:
16 (C) THIS SECTION SHALL APPLY TO TAXES IMPOSED IN WARREN COUNTY ONLY AT
17 THE RATE OF THREE PERCENT OR LESS.
18 S 28. Section 1262-m of the tax law, as amended by chapter 371 of the
19 laws of 2003, is amended to read as follows:
20 S 1262-m. [Allocation] CHENANGO COUNTY - ALLOCATION of net collections
21 from the [additional] one percent rate of sales and compensating use
22 taxes in [the county of Chenango] EXCESS OF THREE PERCENT. Notwithstand-
23 ing any contrary provision of law, all net collections received by the
24 county of Chenango from the one percent RATE OF sales and compensating
25 use taxes in [addition to] EXCESS OF the three percent rate[, each as]
26 authorized by section twelve hundred ten of this article[,] shall be
27 used, in the first instance, to pay the cost of constructing and repay-
28 ing any debts incurred in the construction of the Chenango county public
29 safety building project, and any operational costs related to the
30 Chenango county public safety building. Any and all revenue derived from
31 such [additional] one percent RATE OF tax IN EXCESS OF THREE PERCENT,
32 after the construction and debt financing costs of the Chenango county
33 public safety building project annex, and any operational costs related
34 to the Chenango county public safety building are paid, shall be depos-
35 ited by the county of Chenango in a capital reserves fund. Disbursements
36 from such capital reserves fund shall solely be made for the purposes of
37 capital projects and repaying any debts incurred for such capital
38 projects in the county of Chenango.
39 S 29. Section 1262-n of the tax law, as amended by chapter 149 of the
40 laws of 2009, is amended to read as follows:
41 S 1262-n. [Disposition] NIAGARA COUNTY - DISPOSITION of net
42 collections from the [additional] one percent rate of sales and compen-
43 sating use taxes in [the county of Niagara] EXCESS OF THREE PERCENT.
44 Notwithstanding any contrary provision of law, if the county of Niagara
45 imposes the [additional] one percent rate of sales and compensating use
46 taxes IN EXCESS OF THREE PERCENT authorized by section twelve hundred
47 ten of this article for [all or] any [portion of the] period beginning
48 [March] ON OR AFTER DECEMBER first, two thousand [three and ending
49 November thirtieth, two thousand] eleven, the county shall use all net
50 collections from such [additional] one percent rate IN EXCESS OF THREE
51 PERCENT to pay the county's expenses for Medicaid[. The] AND SUCH net
52 collections [from the additional one percent rate imposed pursuant to
53 this section] shall be deposited in a special fund to be created by such
54 county separate and apart from any other funds and accounts of the coun-
55 ty. Any and all remaining net collections from such [additional] one
56 percent tax IN EXCESS OF THREE PERCENT, after the Medicaid expenses are
S. 5758--A 130
1 paid, shall be deposited by the county of Niagara in the general fund of
2 such county for any county purpose.
3 S 30. Section 1262-o of the tax law is REPEALED.
4 S 31. Section 1262-p of the tax law, as amended by chapter 136 of the
5 laws of 2009, is amended to read as follows:
6 S 1262-p. [Disposition] LIVINGSTON COUNTY - DISPOSITION of net
7 collections from the [additional] one percent rate of sales and compen-
8 sating use taxes in [the county of Livingston] EXCESS OF THREE PERCENT.
9 Notwithstanding any contrary provision of law, if the county of Living-
10 ston imposes the [additional] one percent rate of sales and compensating
11 use taxes IN EXCESS OF THREE PERCENT authorized by section twelve
12 hundred ten of this article for [all or] any [portion of the] period
13 beginning [June] ON OR AFTER DECEMBER first, two thousand [three and
14 ending November thirtieth, two thousand] eleven, the county shall use
15 all net collections from such [additional] one percent rate to pay the
16 county's expenses for Medicaid. The net collections from [the addi-
17 tional] SUCH one percent rate [imposed pursuant to this section] shall
18 be deposited in a special fund to be created by such county separate and
19 apart from any other funds and accounts of the county. Any and all
20 remaining net collections from such [additional] one percent [tax] RATE,
21 after the Medicaid expenses are paid, shall be deposited by the county
22 of Livingston in the general fund of such county for any county purpose.
23 S 32. Section 1262-q of the tax law, as amended by chapter 266 of the
24 laws of 2010, is amended to read as follows:
25 S 1262-q. Erie county-disposition of net collections from the one
26 percent rate of sales and compensating use taxes in excess of three
27 percent. Notwithstanding any provision of law to the contrary, OTHER
28 THAN THE PROVISIONS CONTAINED IN SECTION TWELVE HUNDRED SIXTY-TWO-T OF
29 THIS PART, if the county of Erie imposes the [additional] one percent
30 rate of sales and compensating use taxes IN EXCESS OF THREE PERCENT
31 authorized by section twelve hundred ten of this article during [the]
32 ANY period beginning January first, two thousand seven, or thereafter,
33 the county shall allocate each calendar year the first twelve million
34 five hundred thousand dollars of the net collections from such one
35 percent rate to the cities of such county and the area in such county
36 outside its cities to be applied or distributed in the same manner and
37 proportion as the net collections for such cities and area are applied
38 or distributed under the revenue distribution agreement entered into
39 pursuant to the authority of subdivision (c) of section twelve hundred
40 sixty-two of this part in effect on January first, two thousand six, and
41 subject to all provisions of such agreement governing the net
42 collections for such cities and area and shall retain the remainder of
43 such net collections for any county purpose.
44 S 33. Section 1262-r of the tax law, as added by chapter 374 of the
45 laws of 2006, is amended to read as follows:
46 S 1262-r. [Allocation] OSWEGO COUNTY - ALLOCATION and distribution of
47 certain net collections [in the county of Oswego]. Notwithstanding any
48 other provision of law to the contrary, if the city of Fulton does not
49 impose any tax pursuant to the authority of section twelve hundred ten
50 of this article: (1) the county of Oswego shall impose sales and compen-
51 sating use taxes pursuant to the authority of subdivision (a) of section
52 twelve hundred ten of this article at [the maximum rate authorized
53 therefor] A RATE OF NOT LESS THAN FOUR PERCENT; (2) such county shall,
54 by local law, ordinance or resolution, allocate and distribute monthly
55 to the city of Fulton net collections in the amount of five hundred
56 eight thousand eight hundred twenty dollars, commencing on the first day
S. 5758--A 131
1 of the first month in which the repeal of such city's taxes takes
2 effect, and continuing monthly unless the city of Fulton imposes tax
3 pursuant to the authority of such section twelve hundred ten; (3) such
4 monthly amount allocated and distributed to such city shall be deemed to
5 be paid from the county's net collections set aside for county purposes
6 and shall not affect the amount of net collections to be allocated and
7 distributed by the county to the area of the county outside the cities
8 in the county pursuant to subdivision (c) of section twelve hundred
9 sixty-two of this part; and (4) such county shall not be required to
10 allocate net collections to the city of Fulton pursuant to subdivision
11 (c) of such section twelve hundred sixty-two unless net collections from
12 the county's sales and compensating use taxes exceed thirty-four million
13 dollars per year, in which case the county shall allocate ten percent of
14 its net collections in excess of thirty-four million dollars on the
15 basis of population to the city of Fulton and such area of the county
16 outside the cities.
17 S 34. Subdivision (b) of section 1262-r of the tax law, as added by
18 chapter 37 of the laws of 2006, is amended to read as follows:
19 (b) [The] NOTWITHSTANDING SECTION TWELVE HUNDRED SIXTY-TWO-W OF THIS
20 PART, THE county shall allocate net collections from its taxes imposed
21 at the rate of one and one-half percent pursuant to the authority of
22 section twelve hundred ten of this article and also from [an additional]
23 THE FIRST one-eighth of one percent rate of [such] ITS taxes [authorized
24 by such section twelve hundred ten] IMPOSED IN EXCESS OF THREE PERCENT
25 during the entire period [in which such additional rate is authorized]
26 THAT THE COUNTY IMPOSES ANY RATE OF TAX IN EXCESS OF THREE PERCENT to
27 the cities, towns and villages in the county (i) on the basis of their
28 respective populations, determined in accordance with the latest decen-
29 nial federal census or special population census taken pursuant to
30 section twenty of the general municipal law, completed and published
31 prior to the end of the quarter for which the allocation is made, which
32 special census must include the entire area of the county (the "popu-
33 lation method"), or (ii) on the basis of the ratio which the full valu-
34 ation of real property in each city, town and village bears to the
35 aggregate full valuation of real property in all of the cities, towns
36 and villages in such county (the "full valuation method"), or (iii) on
37 the basis of the two thousand four base amounts described in subdivision
38 (d) of this section, or (iv) on the basis of specific amounts set aside
39 for each city in the county, or (v) on the basis of a combination of
40 such methods, provided, that the county shall apply the population meth-
41 od and the full valuation method uniformly throughout the county.
42 S 35. Section 1262-s of the tax law, as amended by chapter 111 of the
43 laws of 2009, is amended to read as follows:
44 S 1262-s. [Disposition] HERKIMER COUNTY - DISPOSITION of net
45 collections from the [additional] one-quarter of one percent rate of
46 sales and compensating use taxes in [the county of Herkimer] EXCESS OF
47 FOUR PERCENT. Notwithstanding any contrary provision of law, if the
48 county of Herkimer imposes the [additional] one-quarter of one percent
49 rate of sales and compensating use taxes IN EXCESS OF FOUR PERCENT
50 authorized by SUBDIVISION (K) OF section twelve hundred [ten-E] TEN of
51 this article for [all or] any [portion of the] period beginning ON OR
52 AFTER December first, two thousand [seven and ending November thirtieth,
53 two thousand] eleven, the county shall use all net collections from such
54 [additional] one-quarter of one percent rate to pay the county's
55 expenses for the construction of additional correctional facilities. The
56 net collections from [the additional] SUCH ONE-QUARTER OF ONE PERCENT
S. 5758--A 132
1 rate [imposed pursuant to section twelve hundred ten-E] shall be depos-
2 ited in a special fund to be created by such county separate and apart
3 from any other funds and accounts of the county. Any and all remaining
4 net collections from such [additional tax] ONE-QUARTER OF ONE PERCENT
5 RATE, after the expenses of such construction are paid, shall be depos-
6 ited by the county of Herkimer in the general fund of such county for
7 any county purpose.
8 S 36. The tax law is amended by adding twelve new sections 1262-t,
9 1262-u, 1262-v, 1262-w, 1262-x, 1262-y, 1262-z, 1262-aa, 1262-bb, 1262-
10 cc, 1262-dd, and 1262-ee to read as follows:
11 S 1262-T. ERIE COUNTY - NET COLLECTIONS FROM SALES AND COMPENSATING
12 USE TAXES IMPOSED AT THE RATE OF THREE-QUARTERS OF ONE PERCENT IN EXCESS
13 OF FOUR PERCENT. NOTWITHSTANDING ANY LAW TO THE CONTRARY, NET
14 COLLECTIONS FROM ERIE COUNTY'S SALES AND COMPENSATING USE TAXES IMPOSED
15 AT THE RATE OF THREE-QUARTERS OF ONE PERCENT IN EXCESS OF FOUR PERCENT
16 PURSUANT TO THE AUTHORITY OF SUBDIVISION (K) OF SECTION TWELVE HUNDRED
17 TEN OF THIS ARTICLE SHALL BE PAID TO THE COUNTY, SHALL BE USED BY THE
18 COUNTY SOLELY FOR COUNTY PURPOSES, AND SHALL NOT BE SUBJECT TO ANY
19 AGREEMENT ENTERED INTO BY THE COUNTY AND THE CITIES IN THE COUNTY UNDER
20 SUBDIVISION (C) OF SECTION TWELVE HUNDRED SIXTY-TWO OF THIS PART.
21 S 1262-U. ONEIDA COUNTY - NET COLLECTIONS FROM SALES AND COMPENSATING
22 USE TAXES IMPOSED AT THE RATE OF THREE-QUARTERS OF ONE PERCENT IN EXCESS
23 OF THREE PERCENT. NOTWITHSTANDING ANY LAW TO THE CONTRARY, NET
24 COLLECTIONS FROM ONEIDA COUNTY'S SALES AND COMPENSATING USE TAXES
25 IMPOSED AT THE RATE OF THREE-QUARTERS OF ONE PERCENT IN EXCESS OF THREE
26 PERCENT SHALL NOT BE SUBJECT TO ANY AGREEMENT ENTERED INTO BY THE COUNTY
27 AND THE CITIES IN THE COUNTY UNDER SUBDIVISION (C) OF SECTION TWELVE
28 HUNDRED SIXTY-TWO OF THIS PART.
29 S 1262-V. HERKIMER COUNTY - NET COLLECTIONS FROM SALES AND COMPENSAT-
30 ING USE TAXES IMPOSED AT THE RATE OF ONE PERCENT IN EXCESS OF THREE
31 PERCENT. NOTWITHSTANDING ANY LAW TO THE CONTRARY, HERKIMER COUNTY'S ONE
32 PERCENT RATE OF SALES AND COMPENSATING USE TAXES IN EXCESS OF THREE
33 PERCENT SHALL NOT BE SUBJECT TO PREEMPTION PURSUANT TO THE AGREEMENT
34 ENTERED INTO BETWEEN THE COUNTY OF HERKIMER AND THE CITY OF LITTLE FALLS
35 ON APRIL TWELFTH, NINETEEN HUNDRED NINETY-FOUR, AND FILED WITH THE CLERK
36 OF THE COUNTY LEGISLATURE OF THE COUNTY OF HERKIMER.
37 S 1262-W. ONTARIO COUNTY - NET COLLECTIONS FROM A PORTION OF SALES AND
38 COMPENSATING USE TAXES IMPOSED AT THE RATE OF ONE-HALF OF ONE PERCENT IN
39 EXCESS OF THREE PERCENT. NOTWITHSTANDING ANY LAW TO THE CONTRARY, AFTER
40 ONTARIO COUNTY ALLOCATES NET COLLECTIONS FROM THE FIRST ONE-EIGHTH OF
41 ONE PERCENT RATE OF ITS TAXES IN EXCESS OF THREE PERCENT PURSUANT TO THE
42 AUTHORITY OF SECTION TWELVE HUNDRED SIXTY-TWO-R OF THIS PART, THE
43 REMAINDER OF NET COLLECTIONS FROM ONTARIO COUNTY'S SALES AND COMPENSAT-
44 ING USE TAXES IMPOSED AT THE RATE OF ONE-HALF OF ONE PERCENT IN EXCESS
45 OF THREE PERCENT SHALL BE SET ASIDE FOR COUNTY PURPOSES AND SHALL NOT BE
46 SUBJECT TO ANY AGREEMENT ENTERED INTO BY THE COUNTY AND THE CITIES IN
47 THE COUNTY PURSUANT TO THE AUTHORITY OF SUBDIVISION (C) OF SECTION
48 TWELVE HUNDRED SIXTY-TWO OR SECTION TWELVE HUNDRED SIXTY-TWO-R OF THIS
49 PART.
50 S 1262-X. ALBANY COUNTY - ALLOCATION OF CERTAIN NET COLLECTIONS.
51 NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, IF THE COUNTY OF
52 ALBANY IMPOSES A ONE PERCENT RATE OF SALES AND COMPENSATING USE TAXES IN
53 EXCESS OF THREE PERCENT AS AUTHORIZED BY SECTION TWELVE HUNDRED TEN OF
54 THIS ARTICLE, THEN THE COUNTY OF ALBANY SHALL ALLOCATE AND DISTRIBUTE
55 NET COLLECTIONS FROM SUCH ONE PERCENT RATE IN EXCESS OF THREE PERCENT
56 QUARTERLY TO THE CITIES AND THE AREA OF THE COUNTY OUTSIDE THE CITIES IN
S. 5758--A 133
1 THE SAME PROPORTION THE COUNTY ALLOCATES AND DISTRIBUTES NET COLLECTIONS
2 FROM THE COUNTY'S THREE PERCENT RATE OF SUCH TAXES AS OF JULY ELEVENTH,
3 TWO THOUSAND NINE. SUCH PORTION OF NET COLLECTIONS ATTRIBUTABLE TO SUCH
4 ONE PERCENT RATE SHALL BE ALLOCATED AND DISTRIBUTED TO THE TOWNS AND
5 VILLAGES IN SUCH COUNTY IN THE SAME MANNER AS NET COLLECTIONS ATTRIBUT-
6 ABLE TO SUCH COUNTY'S THREE PERCENT RATE OF SUCH TAXES ARE ALLOCATED AND
7 DISTRIBUTED TO SUCH TOWNS AND VILLAGES AS OF THAT DATE. IF A CITY IN THE
8 COUNTY OF ALBANY EXERCISES ITS PRIOR RIGHT TO IMPOSE TAX PURSUANT TO
9 SECTION TWELVE HUNDRED TWENTY-FOUR OF THIS ARTICLE, THEN THE COUNTY
10 SHALL NOT BE REQUIRED TO ALLOCATE AND DISTRIBUTE NET COLLECTIONS IN
11 ACCORDANCE WITH THIS SECTION FOR ANY PERIOD OF TIME DURING WHICH ANY
12 SUCH CITY TAX IS IN EFFECT.
13 S 1262-Y. CLINTON COUNTY - NET COLLECTIONS FROM ADDITIONAL RATE NOT
14 SUBJECT TO AGREEMENT. NET COLLECTIONS FROM ANY RATE OF SALES AND COMPEN-
15 SATING USE TAXES CLINTON COUNTY IMPOSES IN EXCESS OF THREE PERCENT
16 DURING THE PERIOD COMMENCING DECEMBER FIRST, TWO THOUSAND SEVEN, AND
17 ENDING NOVEMBER THIRTIETH, TWO THOUSAND ELEVEN, PURSUANT TO THE AUTHORI-
18 TY OF SECTION TWELVE HUNDRED TEN OF THIS ARTICLE, SHALL BE PAID TO THE
19 COUNTY AND THE COUNTY SHALL SET ASIDE SUCH NET COLLECTIONS AND USE THEM
20 SOLELY FOR COUNTY PURPOSES. SUCH NET COLLECTIONS SHALL NOT BE SUBJECT TO
21 ANY REVENUE DISTRIBUTION AGREEMENT ENTERED INTO BY THE COUNTY AND THE
22 CITY IN THE COUNTY PURSUANT TO SUBDIVISION (C) OF SECTION TWELVE HUNDRED
23 SIXTY-TWO OF THIS PART.
24 S 1262-Z. COLUMBIA COUNTY - ALLOCATION OF CERTAIN NET COLLECTIONS.
25 NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IF COLUMBIA COUNTY
26 IMPOSES A ONE PERCENT RATE OF SALES AND COMPENSATING USE TAXES IN EXCESS
27 OF THREE PERCENT AS AUTHORIZED BY SECTION TWELVE HUNDRED TEN OF THIS
28 ARTICLE FOR ANY PERIOD, THEN THE COUNTY SHALL ALLOCATE AND DISTRIBUTE
29 QUARTERLY TO THE CITY OF HUDSON AND THE AREA OF THE COUNTY OUTSIDE SUCH
30 CITY THE SAME PROPORTION OF NET COLLECTIONS ATTRIBUTABLE TO SUCH ONE
31 PERCENT RATE AS THE COUNTY WAS ALLOCATING AND DISTRIBUTING NET
32 COLLECTIONS FROM THE COUNTY'S THREE PERCENT RATE OF SUCH TAXES ON JANU-
33 ARY TWENTY-EIGHTH, NINETEEN HUNDRED NINETY-FIVE, AND SUCH PORTION OF NET
34 COLLECTIONS FROM SUCH ONE PERCENT RATE SHALL BE ALLOCATED AND DISTRIB-
35 UTED TO THE TOWNS AND VILLAGES IN THE COUNTY IN THE SAME MANNER AS NET
36 COLLECTIONS ATTRIBUTABLE TO THE COUNTY'S THREE PERCENT RATE OF SUCH
37 TAXES WERE ALLOCATED AND DISTRIBUTED TO SUCH TOWNS AND VILLAGES ON JANU-
38 ARY TWENTY-EIGHTH, NINETEEN HUNDRED NINETY-FIVE. IF THE CITY OF HUDSON
39 EXERCISES ITS PRIOR RIGHT TO IMPOSE A TAX PURSUANT TO SECTION TWELVE
40 HUNDRED TWENTY-FOUR OF THIS ARTICLE, THEN THE COUNTY SHALL NOT BE
41 REQUIRED TO ALLOCATE AND DISTRIBUTE NET COLLECTIONS IN ACCORDANCE WITH
42 THIS SECTION FOR ANY PERIOD DURING WHICH ANY SUCH CITY TAX IS IN EFFECT.
43 S 1262-AA. GENESEE COUNTY - ALLOCATION OF CERTAIN NET COLLECTIONS.
44 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF GENESEE
45 COUNTY IMPOSES SALES AND COMPENSATING USE TAXES AT A RATE IN EXCESS OF
46 THREE PERCENT FOR ANY PERIOD, THE COUNTY SHALL ALLOCATE AND DISTRIBUTE
47 NET COLLECTIONS FROM SUCH RATE IN EXCESS OF THREE PERCENT IN THE SAME
48 MANNER AND PROPORTION AS IT DOES NET COLLECTIONS FROM SUCH TAXES IMPOSED
49 AT THE RATE OF THREE PERCENT.
50 S 1262-BB. MONROE COUNTY - ALLOCATION OF CERTAIN NET COLLECTIONS. (A)
51 NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS (B) AND (C) OF SECTION
52 TWELVE HUNDRED SIXTY-TWO AND SECTION TWELVE HUNDRED SIXTY-TWO-G OF THIS
53 PART, NET COLLECTIONS FROM MONROE COUNTY'S SALES AND COMPENSATING USE
54 TAXES IMPOSED AT A RATE OF ONE PERCENT IN EXCESS OF THREE PERCENT, AS
55 AUTHORIZED PURSUANT TO THE AUTHORITY OF SECTION TWELVE HUNDRED TEN OF
56 THIS ARTICLE, SHALL BE ALLOCATED AND DISTRIBUTED AS FOLLOWS: FOR THE
S. 5758--A 134
1 PERIOD OF DECEMBER FIRST, TWO THOUSAND ELEVEN, THROUGH NOVEMBER THIRTI-
2 ETH, TWO THOUSAND TWELVE, IN CASH, FIVE PERCENT TO THE SCHOOL DISTRICTS
3 IN THE AREA OF THE COUNTY OUTSIDE THE CITY OF ROCHESTER, THREE PERCENT
4 TO THE TOWNS LOCATED WITHIN THE COUNTY, ONE AND ONE-QUARTER PERCENT TO
5 THE VILLAGES LOCATED WITHIN THE COUNTY, AND NINETY AND THREE-QUARTERS
6 PERCENT TO THE CITY OF ROCHESTER AND COUNTY OF MONROE. THE REMAINING
7 NINETY AND THREE-QUARTERS PERCENT OF NET COLLECTIONS FROM SUCH ONE
8 PERCENT RATE IN EXCESS OF THREE PERCENT SHALL BE ALLOCATED AND DISTRIB-
9 UTED TO THE CITY OF ROCHESTER OR RETAINED BY THE COUNTY SO THAT THE
10 COMBINED TOTAL ALLOCATION AND DISTRIBUTION TO THE CITY AND COMBINED
11 AMOUNT TO BE RETAINED BY THE COUNTY FROM THE COUNTY'S SALES TAX REVENUES
12 PURSUANT TO SECTIONS TWELVE HUNDRED SIXTY-TWO AND TWELVE HUNDRED SIXTY-
13 TWO-G OF THIS PART AND THIS SECTION SHALL RESULT IN THE SAME TOTAL
14 AMOUNT BEING ALLOCATED AND DISTRIBUTED TO THE CITY OF ROCHESTER AND THE
15 COUNTY. THE AMOUNT SO RETAINED BY THE COUNTY SHALL BE USED FOR COUNTY
16 PURPOSES. THE FOREGOING CASH PAYMENTS TO THE SCHOOL DISTRICTS SHALL BE
17 ALLOCATED ON THE BASIS OF THE ENROLLED PUBLIC SCHOOL PUPILS THEREOF, AS
18 SUCH TERM IS USED IN SUBDIVISION (B) OF SECTION TWELVE HUNDRED SIXTY-TWO
19 OF THIS PART, RESIDING IN THE COUNTY OF MONROE. THE CASH PAYMENTS TO
20 THE TOWNS LOCATED IN THE COUNTY OF MONROE SHALL BE ALLOCATED ON THE
21 BASIS OF THE RATIO WHICH THE POPULATION OF EACH TOWN, EXCLUSIVE OF THE
22 POPULATION OF ANY VILLAGE OR PORTION THEREOF LOCATED WITHIN A TOWN,
23 BEARS TO THE TOTAL POPULATION OF THE TOWNS LOCATED IN THE COUNTY, EXCLU-
24 SIVE OF THE POPULATION OF THE VILLAGES LOCATED IN SUCH TOWNS. THE CASH
25 PAYMENTS TO THE VILLAGES LOCATED IN THE COUNTY SHALL BE ALLOCATED ON THE
26 BASIS OF THE RATIO WHICH THE POPULATION OF EACH VILLAGE BEARS TO THE
27 TOTAL POPULATION OF THE VILLAGES LOCATED IN THE COUNTY. THE TERM POPU-
28 LATION AS USED IN THIS SECTION SHALL HAVE THE SAME MEANING AS USED IN
29 SUBDIVISION (B) OF SECTION TWELVE HUNDRED SIXTY-TWO OF THIS PART.
30 (B) NET COLLECTIONS FROM SUCH ONE PERCENT RATE IN EXCESS OF THREE
31 PERCENT SHALL NOT BE INCLUDED IN DETERMINING A SALES TAX INCREASE OR
32 DECREASE AS DEFINED IN PARAGRAPHS (C) AND (D) OF SUBDIVISION ONE OF
33 SECTION TWELVE HUNDRED SIXTY-TWO-G OF THIS PART.
34 S 1262-CC. ONONDAGA COUNTY - ALLOCATION OF CERTAIN NET COLLECTIONS.
35 NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, NET COLLECTIONS FROM THE
36 ONE PERCENT RATE OF SALES AND COMPENSATING USE TAXES IN EXCESS OF THREE
37 PERCENT ONONDAGA COUNTY MAY IMPOSE DURING THE PERIOD COMMENCING DECEMBER
38 FIRST, TWO THOUSAND ELEVEN, AND ENDING NOVEMBER THIRTIETH, TWO THOUSAND
39 TWELVE, PURSUANT TO THE AUTHORITY OF SECTION TWELVE HUNDRED TEN OF THIS
40 ARTICLE, SHALL NOT BE SUBJECT TO ANY REVENUE DISTRIBUTION AGREEMENT
41 ENTERED INTO PURSUANT TO SUBDIVISION (C) OF SECTION TWELVE HUNDRED
42 SIXTY-TWO OF THIS PART, BUT SHALL BE ALLOCATED AND DISTRIBUTED OR PAID,
43 AT LEAST QUARTERLY, AS FOLLOWS: (I) 72.70 PERCENT TO THE COUNTY FOR ANY
44 COUNTY PURPOSE; (II) 11.35 PERCENT TO THE CITY OF SYRACUSE; (III) 13.04
45 PERCENT TO THE TOWNS OF THE COUNTY ON THE BASIS OF POPULATION AND TO THE
46 VILLAGES IN THE AREA OF THE COUNTY OUTSIDE THE CITY OF SYRACUSE, IN
47 ACCORDANCE WITH SUBDIVISION (C) OF SECTION TWELVE HUNDRED SIXTY-TWO OF
48 THIS PART; AND (IV) 2.91 PERCENT TO THE SCHOOL DISTRICTS IN ACCORDANCE
49 WITH SUBDIVISION (A) OF SECTION TWELVE HUNDRED SIXTY-TWO OF THIS PART.
50 S 1262-DD. ORANGE COUNTY - NET COLLECTIONS FROM ADDITIONAL RATE NOT
51 SUBJECT TO AGREEMENT. NOTWITHSTANDING SUBDIVISION (C) OF SECTION TWELVE
52 HUNDRED SIXTY-TWO OF THIS PART, NET COLLECTIONS FROM ANY RATE OF SALES
53 AND COMPENSATING USE TAXES IN EXCESS OF THREE PERCENT IMPOSED BY ORANGE
54 COUNTY DURING THE PERIOD COMMENCING DECEMBER FIRST, TWO THOUSAND ELEVEN,
55 AND ENDING NOVEMBER THIRTIETH, TWO THOUSAND TWELVE, PURSUANT TO THE
56 AUTHORITY OF SECTION TWELVE HUNDRED TEN OF THIS ARTICLE, SHALL BE USED
S. 5758--A 135
1 BY THE COUNTY SOLELY FOR COUNTY PURPOSES AND SHALL NOT BE SUBJECT TO ANY
2 REVENUE DISTRIBUTION AGREEMENT ENTERED INTO PURSUANT TO THE AUTHORITY OF
3 SUBDIVISION (C) OF SECTION TWELVE HUNDRED SIXTY-TWO OF THIS PART.
4 S 1262-EE. ULSTER COUNTY - ALLOCATION OF CERTAIN NET COLLECTIONS. IF
5 ULSTER COUNTY IMPOSES SALES AND COMPENSATING USE TAXES AT A RATE IN
6 EXCESS OF THREE PERCENT PURSUANT TO THE AUTHORITY OF SECTION TWELVE
7 HUNDRED TEN OF THIS ARTICLE FOR ANY PERIOD COMMENCING DECEMBER FIRST,
8 TWO THOUSAND ELEVEN, AND ENDING NOVEMBER THIRTIETH, TWO THOUSAND TWELVE,
9 NET COLLECTIONS FROM SUCH RATE IN EXCESS OF THREE PERCENT SHALL BE
10 SUBJECT TO SUCH COUNTY'S EXISTING AGREEMENT WITH THE CITY OF KINGSTON
11 ENTERED INTO PURSUANT TO SUBDIVISION (C) OF SECTION TWELVE HUNDRED
12 SIXTY-TWO OF THIS PART AND SUCH NET COLLECTIONS SHALL BE ALLOCATED IN
13 ACCORDANCE WITH SUCH AGREEMENT.
14 S 37. This act shall take effect September 1, 2011, and shall apply in
15 accordance with the applicable transitional provisions in sections 1106
16 and 1217 of the tax law; provided that a county, city or school district
17 shall be authorized immediately after this act shall have become a law
18 to adopt or amend local laws, ordinances or resolutions to impose sales
19 and compensating use taxes at a rate in excess of the rate authorized in
20 the opening paragraph of section 1210 of the tax law, as added by
21 section one of this act, pursuant to the authority of this act to take
22 effect September 1, 2011, or thereafter, subject to the provisions of
23 subdivisions (d) and (e) of section 1210, 1211, or 1212-A or subdivi-
24 sions (e) and (f) of section 1212 of the tax law.
25 PART H
26 Section 1. This act enacts into law major components of legislation
27 relating to real property tax exemptions and rent control. Each compo-
28 nent is wholly contained within a Subpart identified as Subparts A
29 through C. The effective date for each particular provision contained
30 within such Subpart is set forth in the last section of such Subpart.
31 Any provision in any section contained within a Subpart, including the
32 effective date of the Subpart, which makes a reference to a section "of
33 this act", when used in connection with that particular component, shall
34 be deemed to mean and refer to the corresponding section of the Subpart
35 in which it is found. Section three of this act sets forth the general
36 effective date of this act.
37 SUBPART A
38 Section 1. The opening paragraph of item (A) of subparagraph (iv) of
39 paragraph (a) of subdivision 2 of section 421-a of the real property tax
40 law, as amended by chapter 618 of the laws of 2007, is amended to read
41 as follows:
42 Unless excluded by local law, in the city of New York, the benefits of
43 this subparagraph shall be available in the borough of Manhattan for new
44 multiple dwellings on tax lots now existing or hereafter created south
45 of or adjacent to either side of one hundred tenth street [which] THAT
46 commence construction after July first, nineteen hundred ninety-two and
47 before December twenty-eighth, two thousand [ten] EIGHTEEN only if:
48 S 2. Subparagraph (ii) of paragraph (c) of subdivision 2 of section
49 421-a of the real property tax law, as amended by chapter 618 of the
50 laws of 2007, is amended to read as follows:
51 (ii) construction is commenced after January first, nineteen hundred
52 seventy-five and before December twenty-eighth, two thousand [ten] EIGH-
S. 5758--A 136
1 TEEN provided, however, that such commencement period shall not apply to
2 multiple dwellings eligible for benefits under subparagraph (iv) of
3 paragraph (a) of this subdivision;
4 S 3. Paragraph (d) of subdivision 2 of section 421-a of the real prop-
5 erty tax law, as amended by chapter 692 of the laws of 1995, is amended
6 to read as follows:
7 (d) [As of July first, nineteen hundred seventy-five] FOR ANY BUILDING
8 GRANTED TAX EXEMPTION PURSUANT TO THIS SECTION BY THE LOCAL HOUSING
9 AGENCY ON OR SUBSEQUENT TO JULY FIRST, NINETEEN HUNDRED SEVENTY-ONE, if
10 the aggregate floor area of commercial, community facility and accessory
11 use space exceeds twelve [per cent] PERCENT of the aggregate floor area,
12 as defined herein, [of any building granted tax exemption pursuant to
13 this section on or subsequent to July first, nineteen hundred seventy-
14 one] OF SUCH BUILDING, tax exemption shall be reduced by an amount equal
15 to the [per cent] PERCENT of the aggregate floor area by which the
16 aggregate floor area of commercial, community facility and accessory use
17 space exceeds twelve [per cent] PERCENT of the aggregate floor area of
18 the building provided, however, that accessory use space shall not
19 include accessory parking located not more than twenty-three feet above
20 the curb level and provided, further, that whenever a building contain-
21 ing two or more separately assessed parcels of real property has commer-
22 cial, community facility and accessory use space in excess of such
23 twelve percent, the tax arising out of the reduction in exemption for
24 such excess space shall not be apportioned pro rata among all of the
25 separately assessed parcels in the building but shall be applied first
26 to those separately assessed parcels which are unrelated to the residen-
27 tial use of the building; and only after such unrelated parcels are
28 fully taxable shall the remainder of such tax be apportioned pro rata
29 among the remaining separately assessed parcels and provided further,
30 that no such exemption for commercial, community facility and accessory
31 use space shall be applicable prior to July first, nineteen hundred
32 seventy-five. To be eligible for exemption under this section such
33 construction shall take place on land which, thirty-six months prior to
34 the commencement of such construction, was vacant, predominantly vacant,
35 under-utilized, or improved with a non-conforming use, provided that if
36 such new multiple dwelling displaces or replaces a building or buildings
37 containing more than twenty-five occupied dwelling units in existence on
38 December thirty-first, nineteen hundred seventy-four and administered
39 under the local emergency housing rent control act, the rent stabiliza-
40 tion law of nineteen hundred sixty-nine, or the emergency tenant
41 protection act of nineteen seventy-four, such new multiple dwelling
42 shall not be eligible in the city of New York unless a certificate of
43 eviction has been issued for any of the displaced or replaced units
44 pursuant to the powers granted by the city rent and rehabilitation law,
45 and that the sale, transfer or utilization of air rights over residen-
46 tial buildings that were not demolished shall not be construed as a
47 displacement or replacement of the dwelling units contained within those
48 buildings within the meaning of this subdivision.
49 S 4. Subdivision 3 of section 421-a of the real property tax law, as
50 amended by chapter 857 of the laws of 1975, the opening paragraph as
51 amended by chapter 655 of the laws of 1978, paragraph (iv) as amended by
52 chapter 703 of the laws of 1976, and such section as renumbered by chap-
53 ter 110 of the laws of 1977, is amended to read as follows:
54 3. Application forms for exemption under this section shall be filed
55 with the [assessors between February first and March fifteenth and,
56 based on the certification of the local housing agency as herein
S. 5758--A 137
1 provided, the assessors shall certify to the collecting officer the
2 amount of taxes to be abated] LOCAL HOUSING AGENCY, WHICH SHALL ISSUE A
3 CERTIFICATE CERTIFYING THE APPLICANT'S ELIGIBILITY PURSUANT TO SUBDIVI-
4 SIONS TWO AND FOUR OF THIS SECTION. If there be in a city of one
5 million population or more a department of housing preservation and
6 development, the term "housing agency" shall mean only such department
7 of housing preservation and development. [No such application shall be
8 accepted by the assessors unless accompanied by a certificate of the
9 local housing agency certifying the applicant's eligibility pursuant to
10 subdivisions two and four of this section.] No such certification of
11 eligibility shall be issued by the local housing agency until such agen-
12 cy determines the initial adjusted monthly rent to be paid by tenants
13 residing in rental dwelling units contained within the multiple dwelling
14 and the comparative adjusted monthly rent that would have to be paid by
15 such tenants if no tax exemption were applicable as provided by this
16 section. The initial adjusted monthly rent will be certified by the
17 local housing agency as the first rent for the subject dwelling units. A
18 copy of such certification with respect to such units shall be attached
19 by the applicant to the first effective lease or occupancy agreement.
20 The initial adjusted monthly rent shall reflect the full tax exemption
21 benefits as approved by the agency.
22 The agency shall determine the amount of the initial adjusted monthly
23 rent as follows:
24 (i) The total project cost shall be determined by adding the following
25 items:
26 (a) Land acquisition cost or purchase price, if purchased within two
27 years prior to the date on which construction or alteration is
28 commenced; or land acquisition cost or purchase price or an appraisal
29 prepared by a qualified independent appraiser, in such form as is
30 acceptable to the agency, if purchased more than two years prior to such
31 date. Land acquisition cost or purchase price, where used, shall be
32 certified to by an independent certified public accountant;
33 (b) Costs incurred in the process of preparing the site for
34 construction, including but not limited to operating losses, relocation
35 expenses, demolition expenses and carrying charges, such costs to be
36 certified by an independent certified public accountant to a date not
37 more than ninety days prior to the filing of an application for certif-
38 ication of eligibility and the balance of such costs to be estimated;
39 (c) Construction costs for constructing or rehabilitating the multiple
40 dwelling as determined by the agency in accordance with subdivision four
41 of this section, plus such amount, if any, representing unique and
42 special costs as may be allowed by the agency for a particular multiple
43 dwelling;
44 (d) An allowance for estimated off-site costs, including but not
45 limited to architects, engineers and legal fees, interest and taxes
46 during construction, insurance, title and mortgage fees, as determined
47 by the agency in accordance with subdivision four of this section, and
48 (e) such other amounts as are ordinarily and customarily incurred in
49 connection with the construction or rehabilitation of a multiple dwell-
50 ing, as determined by the agency in accordance with subdivision four of
51 this section.
52 (ii) The total expenses of the multiple dwelling shall be determined
53 by adding the following items:
54 (a) The amount that the agency determines to be the reasonable annual
55 costs for the continuing maintenance and operation of the multiple
56 dwelling in accordance with subdivision four of this section;
S. 5758--A 138
1 (b) The amount that the agency determines to be an appropriate annual
2 provision for vacancies, contingency reserves and management fees in
3 accordance with subdivision four of this section.
4 (c) The projected real property taxes to be levied on the multiple
5 dwelling and the land on which it is situated at the time of estimated
6 initial occupancy;
7 (d) Fourteen (14) [per cent] PERCENT of the total project cost, as
8 hereinabove defined, which amount will include all expenses for debt
9 service; and
10 (e) Deducting from said total the estimated annual income to be
11 derived from any commercial, community facility or accessory use space
12 in the building.
13 (iii) The total expenses shall be divided by the room count to provide
14 the adjusted monthly rent per room per month.
15 (iv) The adjusted monthly rent per room per month shall be multiplied
16 by the room count of each rental dwelling unit to provide the initial
17 adjusted monthly rent for such dwelling unit. The agency may allow
18 adjustments in the initial adjusted monthly rent for any particular
19 dwelling units provided that the total of the initial adjusted monthly
20 rents for all of the rental dwelling units in a multiple dwelling shall
21 not exceed the total expenses of such multiple dwelling.
22 The agency shall determine the estimated comparative adjusted monthly
23 rent that would have to be paid if no tax exemption were applicable as
24 provided by this section by adding to the adjusted monthly rent for each
25 dwelling unit as hereinabove computed an amount equal to (a) the differ-
26 ence between the projected real property taxes which would be levied on
27 the multiple dwelling and the land on which it is situated at the time
28 estimated initial occupancy if no tax abatement were applicable as
29 provided by this section and the projected real property taxes hereina-
30 bove utilized in connection with the computation of total expenses; (b)
31 divided by the room count of the building as per this section; and (c)
32 multiplied by the applicants approved room count of each such dwelling
33 unit.
34 The local housing agency may promulgate rules and regulations to carry
35 out the provisions of this section, not inconsistent with the provisions
36 hereof, [and may require a reasonable filing fee in an amount provided
37 by such rules and regulations] INCLUDING, BUT NOT LIMITED TO, RULES AND
38 REGULATIONS RELATING TO THE FILING FEE AUTHORIZED PURSUANT TO PARAGRAPH
39 B OF SUBDIVISION FOUR OF THIS SECTION. NOTWITHSTANDING THE PROVISIONS OF
40 ANY GENERAL, SPECIAL OR LOCAL LAW, THE LOCAL HOUSING AGENCY IN A CITY OF
41 ONE MILLION OR MORE MAY REQUIRE THAT APPLICATIONS FOR EXEMPTION UNDER
42 THIS SECTION THAT ARE FILED ON OR AFTER THE EFFECTIVE DATE OF THIS ACT
43 BE FILED ELECTRONICALLY.
44 S 5. Paragraph b of subdivision 4 of section 421-a of the real proper-
45 ty tax law, as added by chapter 744 of the laws of 2004, is amended to
46 read as follows:
47 b. The local housing agency [may] SHALL require a filing fee not to
48 exceed the greater of (i) four-tenths of one percent of the total
49 project cost, or (ii) if the building will be owned as a cooperative or
50 condominium, four-tenths of one percent of the total project cost or
51 four-tenths of one percent of the total project sell-out price stated in
52 the last amendment to the offering plan accepted for filing by the
53 attorney general of the state, at the option of the applicant. Such
54 total project cost or total project sell-out price shall be determined
55 pursuant to rules promulgated by the local housing agency. Notwithstand-
56 ing the foregoing, the local housing agency may promulgate rules impos-
S. 5758--A 139
1 ing an additional fee if an application, or any part thereof, or
2 submission in connection therewith, is defective and such defect delays
3 the processing of such application or causes the local housing agency to
4 expend additional resources in the processing of such application.
5 S 6. Subparagraph (i) of paragraph (a) of subdivision 6 of section
6 421-a of the real property tax law, as added by chapter 110 of the laws
7 of 2005, is amended to read as follows:
8 (i) "Covered project." (A) A new building located within the Green-
9 point - Williamsburg waterfront exclusion area, (B) two or more build-
10 ings which are part of one contiguous development entirely located with-
11 in the Greenpoint - Williamsburg waterfront exclusion area, (C) two or
12 more buildings which are located within the Greenpoint - Williamsburg
13 waterfront exclusion area and are part of a single development parcel
14 specifically identified in section [62-831] 62-931 of the local zoning
15 resolution, or (D) where so authorized in writing by the local housing
16 agency, one or more buildings located within the Greenpoint - Williams-
17 burg waterfront exclusion area and one or more buildings located outside
18 the Greenpoint - Williamsburg waterfront exclusion area but within
19 Community District Number One in the borough of Brooklyn. The cumulative
20 number of affordable units located outside the Greenpoint - Williamsburg
21 waterfront exclusion area in all covered projects described in clause
22 (D) of this subparagraph shall not exceed two hundred. A building
23 located outside the Greenpoint - Williamsburg waterfront exclusion area
24 which is part of a covered project described in clause (D) of this
25 subparagraph shall not contain any affordable units with respect to
26 which an application pending before a governmental entity on the effec-
27 tive date of this subdivision or a written agreement in effect on the
28 effective date of this subdivision provided for the development of such
29 affordable units.
30 S 7. Intentionally omitted.
31 S 8. This act shall take effect immediately, provided, however, that
32 the amendments to item (A) of subparagraph (iv) of paragraph (a) of
33 subdivision 2 and subparagraph (ii) of paragraph (c) of subdivision 2 of
34 section 421-a of the real property tax law made by sections one and two
35 of this act shall be deemed to have been in full force and effect as of
36 December 28, 2010.
37 SUBPART B
38 Section 1. Section 17 of chapter 576 of the laws of 1974, amending the
39 emergency housing rent control law relating to the control of and
40 stabilization of rent in certain cases, as amended by chapter 82 of the
41 laws of 2003, is amended to read as follows:
42 S 17. Effective date. This act shall take effect immediately and
43 shall remain in full force and effect until and including the fifteenth
44 day of June [2011] 2019; except that sections two and three shall take
45 effect with respect to any city having a population of one million or
46 more and section one shall take effect with respect to any other city,
47 or any town or village whenever the local legislative body of a city,
48 town or village determines the existence of a public emergency pursuant
49 to section three of the emergency tenant protection act of nineteen
50 seventy-four, as enacted by section four of this act, and provided that
51 the housing accommodations subject on the effective date of this act to
52 stabilization pursuant to the New York city rent stabilization law of
53 nineteen hundred sixty-nine shall remain subject to such law upon the
54 expiration of this act.
S. 5758--A 140
1 S 2. Subdivision 2 of section 1 of chapter 274 of the laws of 1946,
2 constituting the emergency housing rent control law, is REPEALED.
3 S 3. Section 2 of chapter 329 of the laws of 1963, amending the emer-
4 gency housing rent control law relating to recontrol of rents in Albany,
5 as amended by chapter 82 of the laws of 2003, is amended to read as
6 follows:
7 S 2. This act shall take effect immediately and the provisions of
8 subdivision 6 of section 12 of the emergency housing rent control law,
9 as added by this act, shall remain in full force and effect until and
10 including June 15, [2011] 2019.
11 S 4. Section 10 of chapter 555 of the laws of 1982, amending the
12 general business law and the administrative code of the city of New York
13 relating to conversion of residential property to cooperative or condo-
14 minium ownership in the city of New York, as amended by chapter 82 of
15 the laws of 2003, is amended to read as follows:
16 S 10. This act shall take effect immediately; provided, that the
17 provisions of sections one, two and nine of this act shall remain in
18 full force and effect only until and including June 15, [2011] 2019;
19 provided further that the provisions of section three of this act shall
20 remain in full force and effect only so long as the public emergency
21 requiring the regulation and control of residential rents and evictions
22 continues as provided in subdivision 3 of section 1 of the local emer-
23 gency housing rent control act; provided further that the provisions of
24 sections four, five, six and seven of this act shall expire in accord-
25 ance with the provisions of section 26-520 of the administrative code of
26 the city of New York as such section of the administrative code is, from
27 time to time, amended; provided further that the provisions of section
28 26-511 of the administrative code of the city of New York, as amended by
29 this act, which the New York City Department of Housing Preservation and
30 Development must find are contained in the code of the real estate
31 industry stabilization association of such city in order to approve it,
32 shall be deemed contained therein as of the effective date of this act;
33 and provided further that any plan accepted for filing by the department
34 of law on or before the effective date of this act shall continue to be
35 governed by the provisions of section 352-eeee of the general business
36 law as they had existed immediately prior to the effective date of this
37 act.
38 S 5. Section 4 of chapter 402 of the laws of 1983, amending the gener-
39 al business law relating to conversions of rental residential property
40 to cooperative or condominium ownership in certain municipalities in the
41 counties of Nassau, Westchester and Rockland, as amended by chapter 82
42 of the laws of 2003, is amended to read as follows:
43 S 4. This act shall take effect immediately; provided, that the
44 provisions of sections one and three of this act shall remain in full
45 force and effect only until and including June 15, [2011] 2019; and
46 provided further that any plan accepted for filing by the department of
47 law on or before the effective date of this act shall continue to be
48 governed by the provisions of section 352-eee of the general business
49 law as they had existed immediately prior to the effective date of this
50 act.
51 S 6. Subdivision 6 of section 46 of chapter 116 of the laws of 1997,
52 constituting the rent regulation reform act of 1997, is REPEALED.
53 S 7. The opening paragraph of subdivision 4 of section 14 of the
54 public housing law, as added by chapter 116 of the laws of 1997, is
55 amended to read as follows:
S. 5758--A 141
1 The agency shall promulgate regulations, rules and policies which
2 provide for the rights of family members to succeed in certain cases to
3 the rights of tenants protected by the emergency tenant protection act
4 of nineteen seventy-four, the emergency housing rent control law, the
5 local emergency housing rent control act, the administrative code of the
6 city of New York and any regulations, rules and policies enacted pursu-
7 ant thereto. THE RIGHT OF FAMILY MEMBERS TO SUCCEED IN CERTAIN CASES TO
8 THE RIGHTS OF TENANTS PROTECTED BY SUCH LAWS SHALL BE LIMITED TO ONE
9 SUCCESSION. THERE SHALL BE NO FURTHER RIGHT OF SUCCESSION FOR ANY OTHER
10 FAMILY MEMBERS OF A FAMILY MEMBER WHO HAS PREVIOUSLY EXERCISED THEIR
11 RIGHT TO SUCCESSION. ANY FAMILY MEMBER WHO HAS SUCCEEDED TO THE RIGHTS
12 OF TENANTS PROTECTED BY SUCH LAWS PRIOR TO JUNE TWENTIETH, TWO THOUSAND
13 ELEVEN SHALL HAVE THE RIGHT TO CONTINUE THEIR TENANCY UNTIL VACANCY BUT
14 NO OTHER FAMILY MEMBERS SHALL THEREAFTER HAVE THE RIGHT TO SUCCEED TO
15 THE PRIOR SUCCESSOR'S RIGHTS AS TENANTS. Such regulations, rules and
16 policies shall contain provisions which include, but shall not be limit-
17 ed to, the following:
18 S 8. Paragraph 13 of subdivision c of section 26-511 of the adminis-
19 trative code of the city of New York, as added by chapter 253 of the
20 laws of 1993, is amended to read as follows:
21 (13) provides that an owner is entitled to a rent increase where there
22 has been a substantial modification or increase of dwelling space or an
23 increase in the services, or installation of new equipment or improve-
24 ments or new furniture or furnishings provided in or to a tenant's hous-
25 ing accommodation, on written tenant consent to the rent increase. In
26 the case of a vacant housing accommodation, tenant consent shall not be
27 required. The permanent increase in the legal regulated rent for the
28 affected housing accommodation shall be one-fortieth of the total cost
29 incurred by the landlord in providing such modification or increase in
30 dwelling space, services, furniture, furnishings or equipment, including
31 the cost of installation, but excluding finance charges. Provided
32 further that an owner who is entitled to a rent increase pursuant to
33 this paragraph shall not be entitled to a further rent increase based
34 upon the installation of similar equipment, or new furniture or
35 furnishings within the useful life of such new equipment, or new furni-
36 ture or furnishings. FOR RENT INCREASES PURSUANT TO THIS PARAGRAPH THAT
37 TAKE EFFECT AFTER JANUARY FIRST, TWO THOUSAND TWELVE, THE OWNER SHALL
38 GIVE WRITTEN NOTICE TO THE DIVISION AND THE TENANT ON FORMS PRESCRIBED
39 BY THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL OF ANY SUCH ADJUST-
40 MENT PURSUANT TO THIS PARAGRAPH AND THE FAILURE TO PROVIDE SUCH WRITTEN
41 NOTICE SHALL PRECLUDE THE COLLECTION OF ANY SUCH ADJUSTMENT.
42 S 9. Paragraph 1 of subdivision d of section 6 of section 4 of chapter
43 576 of the laws of 1974, constituting the emergency tenant protection
44 act of nineteen seventy-four, as added by chapter 253 of the laws of
45 1993, is amended to read as follows:
46 (1) there has been a substantial modification or increase of dwelling
47 space or an increase in the services, or installation of new equipment
48 or improvements or new furniture or furnishings, provided in or to a
49 tenant's housing accommodation, on written tenant consent to the rent
50 increase. In the case of a vacant housing accommodation, tenant consent
51 shall not be required. The permanent increase in the legal regulated
52 rent for the affected housing accommodation shall be one-fortieth of the
53 total cost incurred by the landlord in providing such modification or
54 increase in dwelling space, services, furniture, furnishings or equip-
55 ment, including the cost of installation, but excluding finance charges.
56 Provided further [than] THAT an owner who is entitled to a rent increase
S. 5758--A 142
1 pursuant to this paragraph shall not be entitled to a further rent
2 increase based upon the installation of similar equipment, or new furni-
3 ture or furnishings within the useful life of such new equipment, or new
4 furniture or furnishings. FOR RENT INCREASES PURSUANT TO THIS PARAGRAPH
5 THAT TAKE EFFECT AFTER JANUARY FIRST, TWO THOUSAND TWELVE, THE OWNER
6 SHALL GIVE WRITTEN NOTICE TO THE DIVISION AND THE TENANT ON FORMS
7 PRESCRIBED BY THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL OF ANY
8 SUCH ADJUSTMENT PURSUANT TO THIS PARAGRAPH AND THE FAILURE TO PROVIDE
9 SUCH WRITTEN NOTICE SHALL PRECLUDE THE COLLECTION OF ANY SUCH ADJUST-
10 MENT.
11 S 10. Paragraph 5-a of subdivision c of section 26-511 of the admin-
12 istrative code of the city of New York, as added by chapter 116 of the
13 laws of 1997, is amended to read as follows:
14 (5-a) provides that, notwithstanding any provision of this chapter,
15 the legal regulated rent for any vacancy lease entered into after the
16 effective date of this paragraph shall be as hereinafter provided in
17 this paragraph. The previous legal regulated rent for such housing
18 accommodation shall be increased by the following: (i) if the vacancy
19 lease is for a term of two years, twenty percent of the previous legal
20 regulated rent; or (ii) if the vacancy lease is for a term of one year
21 the increase shall be twenty percent of the previous legal regulated
22 rent less an amount equal to the difference between (a) the two year
23 renewal lease guideline promulgated by the guidelines board of the city
24 of New York applied to the previous legal regulated rent and (b) the one
25 year renewal lease guideline promulgated by the guidelines board of the
26 city of New York applied to the previous legal regulated rent. In addi-
27 tion, if the legal regulated rent was not increased with respect to such
28 housing accommodation by a permanent vacancy allowance within eight
29 years prior to a vacancy lease executed on or after the effective date
30 of this paragraph, the legal regulated rent may be further increased by
31 an amount equal to the product resulting from multiplying such previous
32 legal regulated rent by six-tenths of one percent and further multiply-
33 ing the amount of rent increase resulting therefrom by the greater of
34 (A) the number of years since the imposition of the last permanent
35 vacancy allowance, or (B) if the rent was not increased by a permanent
36 vacancy allowance since the housing accommodation became subject to this
37 chapter, the number of years that such housing accommodation has been
38 subject to this chapter. Provided that if the previous legal regulated
39 rent was less than three hundred dollars the total increase shall be as
40 calculated above plus one hundred dollars per month. Provided, further,
41 that if the previous legal regulated rent was at least three hundred
42 dollars and no more than five hundred dollars in no event shall the
43 total increase pursuant to this paragraph be less than one hundred
44 dollars per month. Such increase shall be in lieu of any allowance
45 authorized for the one or two year renewal component thereof, but shall
46 be in addition to any other increases authorized pursuant to this chap-
47 ter including an adjustment based upon a major capital improvement, or a
48 substantial modification or increase of dwelling space or services, or
49 installation of new equipment or improvements or new furniture or
50 furnishings provided in or to the housing accommodation pursuant to this
51 section. THE INCREASE AUTHORIZED IN THIS PARAGRAPH SHALL NOT BE IMPLE-
52 MENTED MORE THAN ONE TIME IN ANY CALENDAR YEAR NOTWITHSTANDING THE
53 NUMBER OF VACANCY LEASES ENTERED INTO IN SUCH YEAR.
54 S 11. Subdivision (a-1) of section 10 of section 4 of chapter 576 of
55 the laws of 1974, constituting the emergency tenant protection act of
S. 5758--A 143
1 nineteen seventy-four, as added by chapter 116 of the laws of 1997, is
2 amended to read as follows:
3 (a-1) provides that, notwithstanding any provision of this act, the
4 legal regulated rent for any vacancy lease entered into after the effec-
5 tive date of this subdivision shall be as hereinafter set forth. The
6 previous legal regulated rent for such housing accommodation shall be
7 increased by the following: (i) if the vacancy lease is for a term of
8 two years, twenty percent of the previous legal regulated rent; or (ii)
9 if the vacancy lease is for a term of one year the increase shall be
10 twenty percent of the previous legal regulated rent less an amount equal
11 to the difference between (a) the two year renewal lease guideline
12 promulgated by the guidelines board of the county in which the housing
13 accommodation is located applied to the previous legal regulated rent
14 and (b) the one year renewal lease guideline promulgated by the guide-
15 lines board of the county in which the housing accommodation is located
16 applied to the previous legal regulated rent. In addition, if the legal
17 regulated rent was not increased with respect to such housing accommo-
18 dation by a permanent vacancy allowance within eight years prior to a
19 vacancy lease executed on or after the effective date of this subdivi-
20 sion, the legal regulated rent may be further increased by an amount
21 equal to the product resulting from multiplying such previous legal
22 regulated rent by six-tenths of one percent and further multiplying the
23 amount of rent increase resulting therefrom by the greater of (A) the
24 number of years since the imposition of the last permanent vacancy
25 allowance, or (B) if the rent was not increased by a permanent vacancy
26 allowance since the housing accommodation became subject to this act,
27 the number of years that such housing accommodation has been subject to
28 this act. Provided that if the previous legal regulated rent was less
29 than three hundred dollars the total increase shall be as calculated
30 above plus one hundred dollars per month. Provided, further, that if
31 the previous legal regulated rent was at least three hundred dollars and
32 no more than five hundred dollars in no event shall the total increase
33 pursuant to this subdivision be less than one hundred dollars per month.
34 Such increase shall be in lieu of any allowance authorized for the one
35 or two year renewal component thereof, but shall be in addition to any
36 other increases authorized pursuant to this act including an adjustment
37 based upon a major capital improvement, or a substantial modification or
38 increase of dwelling space or services, or installation of new equipment
39 or improvements or new furniture or furnishings provided in or to the
40 housing accommodation pursuant to section six of this act. THE INCREASE
41 AUTHORIZED IN THIS SUBDIVISION SHALL NOT BE IMPLEMENTED MORE THAN ONE
42 TIME IN ANY CALENDAR YEAR NOTWITHSTANDING THE NUMBER OF VACANCY LEASES
43 ENTERED INTO IN SUCH YEAR.
44 S 12. Subdivision a of section 10 of section 4 of chapter 576 of the
45 laws of 1974, constituting the emergency tenant protection act of nine-
46 teen seventy-four, as amended by chapter 234 of the laws of 1984, is
47 amended to read as follows:
48 a. For cities having a population of less than one million and towns
49 and villages, the state division of housing and community renewal shall
50 be empowered to implement this act by appropriate regulations. Such
51 regulations may encompass such speculative or manipulative practices or
52 renting or leasing practices as the state division of housing and commu-
53 nity renewal determines constitute or are likely to cause circumvention
54 of this act. Such regulations shall prohibit practices which are likely
55 to prevent any person from asserting any right or remedy granted by this
56 act, including but not limited to retaliatory termination of periodic
S. 5758--A 144
1 tenancies and shall require owners to grant a new one or two year vacan-
2 cy or renewal lease at the option of the tenant, PROVIDED, HOWEVER, THAT
3 FOR VACANCY AND RENEWAL LEASES WHICH TAKE EFFECT ON AND AFTER JANUARY
4 FIRST, TWO THOUSAND TWELVE, SUCH REGULATIONS SHALL REQUIRE OWNERS TO
5 GRANT A NEW ONE YEAR VACANCY OR RENEWAL LEASE, except where a mortgage
6 or mortgage commitment existing as of the local effective date of this
7 act provides that the owner shall not grant a one-year lease; and shall
8 prescribe standards with respect to the terms and conditions of new and
9 renewal leases, additional rent and such related matters as security
10 deposits, advance rental payments, the use of escalator clauses in leas-
11 es and provision for increase in rentals for garages and other ancillary
12 facilities, so as to insure that the level of rent adjustments author-
13 ized under this law will not be subverted and made ineffective. Any
14 provision of the regulations permitting an owner to refuse to renew a
15 lease on grounds that the owner seeks to recover possession of the hous-
16 ing accommodation for his own use and occupancy or for the use and occu-
17 pancy of his immediate family shall require that an owner demonstrate
18 immediate and compelling need and shall not apply where a member of the
19 housing accommodation is sixty-two years of age or older, has been a
20 tenant in a housing accommodation in that building for twenty years or
21 more, or has an impairment which results from anatomical, physiological
22 or psychological conditions, other than addiction to alcohol, gambling,
23 or any controlled substance, which are demonstrable by medically accept-
24 able clinical and laboratory diagnostic techniques, and which are
25 expected to be permanent and which prevent the tenant from engaging in
26 any substantial gainful employment.
27 S 13. Paragraphs 4 and 12 of subdivision c of section 26-511 of the
28 administrative code of the city of New York are amended to read as
29 follows:
30 (4) includes provisions requiring owners to grant a one or two year
31 vacancy or renewal lease at the option of the tenant, PROVIDED, HOWEVER,
32 THAT FOR VACANCY AND RENEWAL LEASES WHICH TAKE EFFECT ON AND AFTER JANU-
33 ARY FIRST, TWO THOUSAND TWELVE, SUCH CODE SHALL REQUIRE OWNERS TO GRANT
34 A NEW ONE YEAR VACANCY OR RENEWAL LEASE except where a mortgage or mort-
35 gage commitment existing as of April first, nineteen hundred sixty-nine,
36 provides that the mortgagor shall not grant a one year lease;
37 (12) permits subletting of units subject to this law pursuant to
38 section two hundred twenty-six-b of the real property law provided that
39 (a) the rental charged to the subtenant does not exceed the stabilized
40 rent plus a ten percent surcharge payable to the tenant if the unit
41 sublet was furnished with the tenant's furniture; (b) the tenant can
42 establish that at all times he or she has maintained the unit as his or
43 her primary residence and intends to occupy it as such at the expiration
44 of the sublease; (c) an owner may terminate the tenancy of a tenant who
45 sublets or assigns contrary to the terms of this paragraph but no action
46 or proceeding based on the non-primary residence of a tenant may be
47 commenced prior to the expiration date of his or her lease; (d) where an
48 apartment is sublet the prime tenant shall retain the right to a renewal
49 lease and the rights and status of a tenant in occupancy as they relate
50 to conversion to condominium or cooperative ownership; (e) where a
51 tenant violates the provisions of subparagraph (a) of this paragraph the
52 subtenant shall be entitled to damages of three times the overcharge and
53 may also be awarded attorneys fees and interest from the date of the
54 overcharge at the rate of interest payable on a judgment pursuant to
55 section five thousand four of the civil practice law and rules; (f) the
56 tenant may not sublet the unit for more than a total of two years,
S. 5758--A 145
1 including the term of the proposed sublease, out of the four-year period
2 preceding the termination date of the proposed sublease, PROVIDED,
3 HOWEVER, THAT FOR SUBLEASES COMMENCING ON AND AFTER JANUARY FIRST, TWO
4 THOUSAND TWELVE, A TENANT MAY NOT SUBLET THE UNIT FOR MORE THAN ONE
5 YEAR. The provisions of this subparagraph shall only apply to subleases
6 commencing on and after July first, nineteen hundred eighty-three; (g)
7 for the purposes of this paragraph only, the term of the proposed
8 sublease may extend beyond the term of the tenant's lease. In such
9 event, such sublease shall be subject to the tenant's right to a renewal
10 lease. The subtenant shall have no right to a renewal lease. It shall be
11 unreasonable for an owner to refuse to consent to a sublease solely
12 because such sublease extends beyond the tenant's lease; and (h)
13 notwithstanding the provisions of section two hundred twenty-six-b of
14 the real property law, a not-for-profit hospital shall have the right to
15 sublet any housing accommodation leased by it to its affiliated person-
16 nel without requiring the landlord's consent to any such sublease and
17 without being bound by the provisions of subparagraphs (b), (c) and (f)
18 of this paragraph. Commencing with the effective date of this subpara-
19 graph, whenever a not-for-profit hospital executes a renewal lease for a
20 housing accommodation, the legal regulated rent shall be increased by a
21 sum equal to fifteen percent of the previous lease rental for such hous-
22 ing accommodation, hereinafter referred to as a vacancy surcharge,
23 unless the landlord shall have received within the seven year period
24 prior to the commencement date of such renewal lease any vacancy
25 increases or vacancy surcharges allocable to the said housing accommo-
26 dation. In the event the landlord shall have received any such vacancy
27 increases or vacancy surcharges during such seven year period, the
28 vacancy surcharge shall be reduced by the amount received by any such
29 vacancy increase or vacancy surcharges.
30 S 14. Paragraphs 12 and 13 of subdivision a of section 5 of section 4
31 of chapter 576 of the laws of 1974, constituting the emergency tenant
32 protection act of nineteen seventy-four, paragraph 12 as amended by
33 chapter 116 of the laws of 1997 and paragraph 13 as amended by chapter
34 82 of the laws of 2003, are amended to read as follows:
35 (12) upon issuance of an order by the division, housing accommodations
36 which are: (1) occupied by persons who have a total AVERAGE annual
37 income in excess of one hundred seventy-five thousand dollars OR, FOR
38 INCOME CERTIFICATION FORMS PROVIDED BY AN OWNER TO A TENANT AFTER JANU-
39 ARY 1, 2012, TWO HUNDRED THOUSAND DOLLARS per annum [in each of] FOR the
40 two preceding calendar years, as defined in and subject to the limita-
41 tions and process set forth in section five-a of this act; and (2) have
42 a legal regulated rent of [two] ONE thousand FIVE HUNDRED dollars or
43 more per month. Provided however, that this exclusion shall not apply
44 to housing accommodations which became or become subject to this act (a)
45 by virtue of receiving tax benefits pursuant to section four hundred
46 twenty-one-a or four hundred eighty-nine of the real property tax law,
47 except as otherwise provided in subparagraph (i) of paragraph (f) of
48 subdivision two of section four hundred twenty-one-a of the real proper-
49 ty tax law, or (b) by virtue of article seven-C of the multiple dwelling
50 law.
51 (13) IN A BUILDING WITH FIFTY OR FEWER HOUSING ACCOMMODATIONS, any
52 housing accommodation with a legal regulated rent of two thousand ONE
53 HUNDRED dollars or more per month [at any time between the effective
54 date of this paragraph and October first, nineteen hundred ninety-three]
55 which is or becomes vacant on or after [the effective date of this para-
56 graph, or] JUNE 19, 2011, AND IN A BUILDING WITH MORE THAN FIFTY HOUSING
S. 5758--A 146
1 ACCOMMODATIONS, any housing accommodation with a legal regulated rent of
2 two thousand FOUR HUNDRED dollars or more per month [at any time on or
3 after the effective date of the rent regulation reform act of 1997]
4 which is or becomes vacant on or after [the effective date of the rent
5 regulation reform act of 1997] JUNE 19, 2011. [This exclusion shall
6 apply regardless of whether the next tenant in occupancy or any subse-
7 quent tenant in occupancy actually is charged or pays less than two
8 thousand dollars a month.] Provided however, that this exclusion shall
9 not apply to housing accommodations which became or become subject to
10 this act (a) by virtue of receiving tax benefits pursuant to section
11 four hundred twenty-one-a or four hundred eighty-nine of the real prop-
12 erty tax law, except as otherwise provided in subparagraph (i) of para-
13 graph (f) of subdivision two of section four hundred twenty-one-a of the
14 real property tax law, or (b) by virtue of article seven-C of the multi-
15 ple dwelling law. This paragraph shall not apply, however, to or become
16 effective with respect to housing accommodations which the commissioner
17 determines or finds that the landlord or any person acting on his or her
18 behalf, with intent to cause the tenant to vacate, has engaged in any
19 course of conduct (including, but not limited to, interruption or
20 discontinuance of required services) which interfered with or disturbed
21 or was intended to interfere with or disturb the comfort, repose, peace
22 or quiet of the tenant in his or her use or occupancy of the housing
23 accommodations and in connection with such course of conduct, any other
24 general enforcement provision of this act shall also apply.
25 S 15. Section 5-a of section 4 of chapter 576 of the laws of 1974,
26 constituting the emergency tenant protection act of nineteen seventy-
27 four, as added by chapter 253 of the laws of 1993, subdivision (b) and
28 paragraphs 1 and 2 of subdivision (c) as amended and subdivision (e) as
29 added by chapter 116 of the laws of 1997, is amended to read as follows:
30 S 5-a. High income rent decontrol. (a) For purposes of this section,
31 annual income shall mean the federal adjusted gross income as reported
32 on the New York state income tax return. Total annual income means the
33 sum of the annual incomes of all persons whose names are recited as the
34 tenant or co-tenant on a lease who occupy the housing accommodation and
35 all other persons that occupy the housing accommodation as their primary
36 residence on other than a temporary basis, excluding bona fide employees
37 of such occupants residing therein in connection with such employment
38 and excluding bona fide subtenants in occupancy pursuant to the
39 provisions of section two hundred twenty-six-b of the real property law.
40 In the case where a housing accommodation is sublet, the annual income
41 of the tenant or co-tenant recited on the lease who will reoccupy the
42 housing accommodation upon the expiration of the sublease shall be
43 considered.
44 (b) On or before the first day of May in each calendar year, the owner
45 of each housing accommodation for which the legal regulated rent is two
46 thousand dollars or more per month may provide the tenant or tenants
47 residing therein with an income certification form prepared by the divi-
48 sion of housing and community renewal on which such tenant or tenants
49 shall identify all persons referred to in subdivision (a) of this
50 section and shall certify whether the total AVERAGE annual income is in
51 excess of one hundred seventy-five thousand dollars [in each of] OR, FOR
52 INCOME CERTIFICATION FORMS PROVIDED BY OWNERS TO TENANTS ON AND AFTER
53 JANUARY 1, 2012, TWO HUNDRED THOUSAND DOLLARS, FOR the two preceding
54 calendar years. Such income certification form shall state that the
55 income level certified to by the tenant may be subject to verification
56 by the department of taxation and finance pursuant to section one
S. 5758--A 147
1 hundred seventy-one-b of the tax law, and shall not require disclosure
2 of any information other than whether the aforementioned threshold has
3 been exceeded. Such income certification form shall clearly state that:
4 (i) only tenants residing in housing accommodations which had a legal
5 regulated rent of [two] ONE thousand FIVE HUNDRED dollars or more per
6 month are required to complete the certification form; (ii) that tenants
7 have protections available to them which are designed to prevent harass-
8 ment; (iii) that tenants are not required to provide any information
9 regarding their income except that which is requested on the form and
10 may contain such other information the division deems appropriate. The
11 tenant or tenants shall return the completed certification to the owner
12 within thirty days after service upon the tenant or tenants. In the
13 event that the total AVERAGE annual income as certified is in excess of
14 one hundred seventy-five thousand dollars OR, FOR INCOME CERTIFICATION
15 FORMS PROVIDED BY OWNERS TO TENANTS ON AND AFTER JANUARY 1, 2012, TWO
16 HUNDRED THOUSAND DOLLARS, in each such year, the owner may file the
17 certification with the state division of housing and community renewal
18 on or before June thirtieth of such year. Upon filing such certification
19 with the division, the division shall, within thirty days after the
20 filing, issue an order providing that such housing accommodation shall
21 not be subject to the provisions of this act upon the expiration of the
22 existing lease. A copy of such order shall be mailed by regular and
23 certified mail, return receipt requested, to the tenant or tenants and a
24 copy thereof shall be mailed to the owner.
25 (c) 1. In the event that the tenant or tenants either fail to return
26 the completed certification to the owner on or before the date required
27 by subdivision (b) of this section or the owner disputes the certif-
28 ication returned by the tenant or tenants, the owner may, on or before
29 June thirtieth of such year, petition the state division of housing and
30 community renewal to verify, pursuant to section one hundred seventy-
31 one-b of the tax law, whether the total AVERAGE annual income exceeds
32 one hundred seventy-five thousand dollars [in each of] OR, FOR INCOME
33 CERTIFICATION FORMS PROVIDED BY OWNERS TO TENANTS ON AND AFTER JANUARY
34 1, 2012, TWO HUNDRED THOUSAND DOLLARS, FOR the two preceding calendar
35 years. Within twenty days after the filing of such request with the
36 division, the division shall notify the tenant or tenants that such
37 tenant or tenants named on the lease must provide the division with such
38 information as the division and the department of taxation and finance
39 shall require to verify whether the total AVERAGE annual income exceeds
40 one hundred seventy-five thousand dollars [in each such year] OR, FOR
41 INCOME CERTIFICATION FORMS PROVIDED BY OWNERS TO TENANTS ON AND AFTER
42 JANUARY 1, 2012, TWO HUNDRED THOUSAND DOLLARS, FOR THE TWO PRECEDING
43 CALENDAR YEARS. The division's notification shall require the tenant or
44 tenants to provide the information to the division within sixty days of
45 service upon such tenant or tenants and shall include a warning in bold
46 faced type that failure to respond will result in an order being issued
47 by the division providing that such housing accommodations shall not be
48 subject to the provisions of this act.
49 2. If the department of taxation and finance determines that the total
50 AVERAGE annual income is in excess of one hundred seventy-five thousand
51 dollars [in each of] OR, FOR INCOME CERTIFICATION FORMS PROVIDED BY
52 OWNERS TO TENANTS ON AND AFTER JANUARY 1, 2012, TWO HUNDRED THOUSAND
53 DOLLARS, FOR the two preceding calendar years, the division shall, on or
54 before November fifteenth of such year, notify the owner and tenants of
55 the results of such verification. Both the owner and the tenants shall
56 have thirty days within which to comment on such verification results.
S. 5758--A 148
1 Within forty-five days after the expiration of the comment period, the
2 division shall, where appropriate, issue an order providing that such
3 housing accommodation shall not be subject to the provisions of this act
4 upon expiration of the existing lease. A copy of such order shall be
5 mailed by regular and certified mail, return receipt requested, to the
6 tenant or tenants and a copy thereof shall be sent to the owner.
7 3. In the event the tenant or tenants fail to provide the information
8 required pursuant to paragraph one of this subdivision, the division
9 shall issue, on or before December first of such year, an order provid-
10 ing that such housing accommodation shall not be subject to the
11 provisions of this act upon the expiration [or] OF the current lease. A
12 copy of such order shall be mailed by regular and certified mail, return
13 receipt requested, to the tenant or tenants and a copy thereof shall be
14 sent to the owner.
15 4. The provisions of the state freedom of information act shall not
16 apply to any income information obtained by the division pursuant to
17 this section.
18 (d) This section shall apply only to paragraph twelve of subdivision a
19 of section five of this act.
20 (e) Upon receipt of such order of decontrol pursuant to this section,
21 an owner shall offer the housing accommodation subject to such order to
22 the tenant at a rent not in excess of the market rent, which for the
23 purposes of this section means a rent obtainable in an arm's length
24 transaction. Such rental offer shall be made by the owner in writing to
25 the tenant by certified and regular mail and shall inform the tenant
26 that such offer must be accepted in writing within ten days of receipt.
27 The tenant shall respond within ten days after receipt of such offer. If
28 the tenant declines the offer or fails to respond within such period,
29 the owner may commence an action or proceeding for the eviction of such
30 tenant.
31 S 16. Paragraphs (m) and (n) of subdivision 2 of section 2 of chapter
32 274 of the laws of 1946, constituting the emergency housing rent control
33 law, paragraph (m) as amended by chapter 116 of the laws of 1997 and
34 paragraph (n) as amended by chapter 82 of the laws of 2003, are amended
35 to read as follows:
36 (m) upon the issuance of an order of decontrol by the division, hous-
37 ing accommodations which[: (1)] are occupied by persons who have a total
38 AVERAGE annual income in excess of one hundred seventy-five thousand
39 dollars [in each of] OR, FOR INCOME CERTIFICATION FORMS PROVIDED BY
40 OWNERS TO TENANTS ON AND AFTER JANUARY 1, 2012, TWO HUNDRED THOUSAND
41 DOLLARS PER ANNUM FOR the two preceding calendar years, as defined in
42 and subject to the limitations and process set forth in section two-a of
43 this law; and (2) have a maximum rent of [two] ONE thousand FIVE HUNDRED
44 dollars or more per month.
45 (n) IN A BUILDING WITH FIFTY OR FEWER HOUSING ACCOMMODATIONS, any
46 housing accommodation with a maximum rent of two thousand ONE HUNDRED
47 dollars or more per month [at any time between the effective date of
48 this paragraph and October first, nineteen hundred ninety-three] which
49 is or becomes vacant on or after [the effective date of this paragraph,
50 or] JUNE 19, 2011, AND IN A BUILDING WITH MORE THAN FIFTY HOUSING ACCOM-
51 MODATIONS, any housing accommodation with a maximum rent of two thousand
52 FOUR HUNDRED dollars or more per month [at any time on or after the
53 effective date of the rent regulation reform act of 1997] which is or
54 becomes vacant on or after [the effective date of the rent regulation
55 reform act of 1997] JUNE 19, 2011. This exclusion shall apply regardless
56 of whether the next tenant in occupancy or any subsequent tenant in
S. 5758--A 149
1 occupancy actually is charged or pays less than two thousand dollars a
2 month. This exclusion shall not apply, however, to or become effective
3 with respect to housing accommodations which the commissioner determines
4 or finds that the landlord or any person acting on his or her behalf,
5 with intent to cause the tenant to vacate, has engaged in any course of
6 conduct (including, but not limited to, interruption or discontinuance
7 of required services) which interfered with or disturbed or was intended
8 to interfere with or disturb the comfort, repose, peace or quiet of the
9 tenant in his or her use or occupancy of the housing accommodations and
10 in connection with such course of conduct, any other general enforcement
11 provision of this law shall also apply.
12 S 17. Section 2-a of chapter 274 of the laws of 1946, constituting
13 the emergency housing rent control law, as added by chapter 253 of the
14 laws of 1993, subdivision (b) and paragraphs 1 and 2 of subdivision (c)
15 as amended and subdivision (e) as added by chapter 116 of the laws of
16 1997, is amended to read as follows:
17 S 2-a. (a) For purposes of this section, annual income shall mean the
18 federal adjusted gross income as reported on the New York state income
19 tax return. Total annual income means the sum of the annual incomes of
20 all persons who occupy the housing accommodation as their primary resi-
21 dence on other than a temporary basis, excluding bona fide employees of
22 such occupants residing therein in connection with such employment and
23 excluding bona fide subtenants in occupancy pursuant to the provisions
24 of section two hundred twenty-six-b of the real property law. In the
25 case where a housing accommodation is sublet, the annual income of the
26 sublessor shall be considered.
27 (b) On or before the first day of May in each calendar year, the owner
28 of each housing accommodation for which the maximum rent is [two] ONE
29 thousand FIVE HUNDRED dollars or more per month may provide the tenant
30 or tenants residing therein with an income certification form prepared
31 by the division of housing and community renewal on which such tenant or
32 tenants shall identify all persons referred to in subdivision (a) of
33 this section and shall certify whether the total AVERAGE annual income
34 is in excess of one hundred seventy-five thousand dollars [in each of]
35 OR, FOR INCOME CERTIFICATION FORMS PROVIDED BY OWNERS TO TENANTS ON AND
36 AFTER JANUARY 1, 2012, TWO HUNDRED THOUSAND DOLLARS, FOR the two preced-
37 ing calendar years. Such income certification form shall state that the
38 income level certified to by the tenant may be subject to verification
39 by the department of taxation and finance pursuant to section one
40 hundred seventy-one-b of the tax law and shall not require disclosure of
41 any income information other than whether the aforementioned threshold
42 has been exceeded. Such income certification form shall clearly state
43 [that]: (i) only tenants residing in housing accommodations which had a
44 maximum rent of [two] ONE thousand FIVE HUNDRED dollars or more per
45 month are required to complete the certification form; (ii) that tenants
46 have protections available to them which are designed to prevent harass-
47 ment; (iii) that tenants are not required to provide any information
48 regarding their income except that which is requested on the form and
49 may contain such other information the division deems appropriate. The
50 tenant or tenants shall return the completed certification to the owner
51 within thirty days after service upon the tenant or tenants. In the
52 event that the total AVERAGE annual income as certified is in excess of
53 one hundred seventy-five thousand dollars [in each such year] OR, FOR
54 INCOME CERTIFICATION FORMS PROVIDED BY OWNERS TO TENANTS ON AND AFTER
55 JANUARY 1, 2012, TWO HUNDRED THOUSAND DOLLARS, FOR THE TWO PRECEDING
56 CALENDAR YEARS, the owner may file the certification with the state
S. 5758--A 150
1 division of housing and community renewal on or before June thirtieth of
2 such year. Upon filing such certification with the division, the divi-
3 sion shall, within thirty days after the filing, issue an order of
4 decontrol providing that such housing accommodations shall not be
5 subject to the provisions of this law as of the first day of June in the
6 year next succeeding the filing of the certification by the owner. A
7 copy of such order shall be mailed by regular and certified mail, return
8 receipt requested, to the tenant or tenants and a copy thereof shall be
9 mailed to the owner.
10 (c) 1. In the event that the tenant or tenants either fail to return
11 the completed certification to the owner on or before the date required
12 by subdivision (b) of this section or the owner disputes the certif-
13 ication returned by the tenant or tenants, the owner may, on or before
14 June thirtieth of such year, petition the state division of housing and
15 community renewal to verify, pursuant to section one hundred seventy-
16 one-b of the tax law, whether the total AVERAGE annual income exceeds
17 one hundred seventy-five thousand dollars [in each of] OR, FOR INCOME
18 CERTIFICATION FORMS PROVIDED BY OWNERS TO TENANTS ON AND AFTER JANUARY
19 1, 2012, TWO HUNDRED THOUSAND DOLLARS, FOR the two preceding calendar
20 years. Within twenty days after the filing of such request with the
21 division, the division shall notify the tenant or tenants that such
22 tenant or tenants must provide the division with such information as the
23 division and the department of taxation and finance shall require to
24 verify whether the total AVERAGE annual income exceeds one hundred
25 seventy-five thousand dollars [in each such year] OR, FOR INCOME CERTIF-
26 ICATION FORMS PROVIDED BY OWNERS TO TENANTS ON AND AFTER JANUARY 1,
27 2012, TWO HUNDRED THOUSAND DOLLARS, FOR THE TWO PRECEDING CALENDAR
28 YEARS. The division's notification shall require the tenant or tenants
29 to provide the information to the division within sixty days of service
30 upon such tenant or tenants and shall include a warning in bold faced
31 type that failure to respond will result in an order of decontrol being
32 issued by the division for such housing accommodation.
33 2. If the department of taxation and finance determines that the total
34 AVERAGE annual income is in excess of one hundred seventy-five thousand
35 dollars [in each of] OR, FOR INCOME CERTIFICATION FORMS PROVIDED BY
36 OWNERS TO TENANTS ON AND AFTER JANUARY 1, 2012, TWO HUNDRED THOUSAND
37 DOLLARS, FOR the two preceding calendar years, the division shall, on or
38 before November fifteenth of such year, notify the owner and tenants of
39 the results of such verification. Both the owner and the tenants shall
40 have thirty days within which to comment on such verification results.
41 Within forty-five days after the expiration of the comment period, the
42 division shall, where appropriate, issue an order of decontrol providing
43 that such housing accommodation shall not be subject to the provisions
44 of this law as of the first day of March in the year next succeeding the
45 filing of the owner's petition with the division. A copy of such order
46 shall be mailed by regular and certified mail, return receipt requested,
47 to the tenant or tenants and a copy thereof shall be sent to the owner.
48 3. In the event the tenant or tenants fail to provide the information
49 required pursuant to paragraph one of this subdivision, the division
50 shall issue, on or before December first of such year, an order of
51 decontrol providing that such housing accommodation shall not be subject
52 to the provisions of this law as of the first day of March in the year
53 next succeeding the last day on which the tenant or tenants were
54 required to provide the information required by such paragraph. A copy
55 of such order shall be mailed by regular and certified mail, return
S. 5758--A 151
1 receipt requested, to the tenant or tenants and a copy thereof shall be
2 sent to the owner.
3 4. The provisions of the state freedom of information act shall not
4 apply to any income information obtained by the division pursuant to
5 this section.
6 S 18. Section 26-504.1 of the administrative code of the city of New
7 York, as amended by chapter 116 of the laws of 1997, is amended to read
8 as follows:
9 S 26-504.1 Exclusion of accommodations of high income renters. Upon
10 the issuance of an order by the division, "housing accommodations" shall
11 not include housing accommodations which: (1) are occupied by persons
12 who have a total AVERAGE annual income in excess of one hundred seven-
13 ty-five thousand dollars OR, FOR INCOME CERTIFICATION FORMS PROVIDED BY
14 OWNERS TO TENANTS ON AND AFTER JANUARY 1, 2012, TWO HUNDRED THOUSAND
15 DOLLARS per annum for [each of] the two preceding calendar years, as
16 defined in and subject to the limitations and process set forth in
17 section 26-504.3 of this chapter; and (2) have a legal regulated rent of
18 [two] ONE thousand FIVE HUNDRED dollars or more per month. Provided,
19 however, that this exclusion shall not apply to housing accommodations
20 which became or become subject to this law (a) by virtue of receiving
21 tax benefits pursuant to section four hundred twenty-one-a or four
22 hundred eighty-nine of the real property tax law, except as otherwise
23 provided in subparagraph (i) of paragraph (f) of subdivision two of
24 section four hundred twenty-one-a of the real property tax law, or (b)
25 by virtue of article seven-C of the multiple dwelling law.
26 S 19. Section 26-504.2 of the administrative code of the city of New
27 York, as amended by chapter 116 of the laws of 1997, subdivision a as
28 amended by chapter 82 of the laws of 2003, subdivision b as amended by
29 local law number 12 of the city of New York for the year 2000, is
30 amended to read as follows:
31 S 26-504.2 Exclusion of high rent accommodations. a. "Housing accommo-
32 dations" shall not include IN A BUILDING WITH FIFTY OR FEWER HOUSING
33 ACCOMMODATIONS, any housing accommodation which becomes vacant on or
34 after [April first, nineteen hundred ninety-seven and where at the time
35 the tenant vacated such housing accommodation the] JUNE NINETEENTH, TWO
36 THOUSAND ELEVEN WITH A legal regulated rent [was] OF two thousand ONE
37 HUNDRED dollars or more per month, [or] AND IN A BUILDING WITH MORE THAN
38 FIFTY HOUSING ACCOMMODATIONS, any housing accommodation which is or
39 becomes vacant on or after [the effective date of the rent regulation
40 reform act of 1997] JUNE NINETEENTH, TWO THOUSAND ELEVEN with a legal
41 regulated rent of two thousand FOUR HUNDRED dollars or more per month.
42 This exclusion shall apply regardless of whether the next tenant in
43 occupancy or any subsequent tenant in occupancy actually is charged or
44 pays less than two thousand dollars a month. Provided however, that this
45 exclusion shall not apply to housing accommodations which became or
46 become subject to this law (a) by virtue of receiving tax benefits
47 pursuant to section four hundred twenty-one-a or four hundred eighty-
48 nine of the real property tax law, except as otherwise provided in
49 subparagraph (i) of paragraph (f) of subdivision two of section four
50 hundred twenty-one-a of the real property tax law, or (b) by virtue of
51 article seven-C of the multiple dwelling law. This section shall not
52 apply, however, to or become effective with respect to housing accommo-
53 dations which the commissioner determines or finds that the landlord or
54 any person acting on his or her behalf, with intent to cause the tenant
55 to vacate, engaged in any course of conduct (including, but not limited
56 to, interruption or discontinuance of required services) which interfer-
S. 5758--A 152
1 ed with or disturbed or was intended to interfere with or disturb the
2 comfort, repose, peace or quiet of the tenant in his or her use or occu-
3 pancy of the housing accommodations and in connection with such course
4 of conduct, any other general enforcement provision of this law shall
5 also apply.
6 b. The owner of any housing accommodation that is not subject to this
7 law pursuant to the provisions of subdivision a of this section or
8 subparagraph k of paragraph 2 of subdivision e of section 26-403 of this
9 code shall give written notice certified by such owner to the first
10 tenant of that housing accommodation after such housing accommodation
11 becomes exempt from the provisions of this law or the city rent and
12 rehabilitation law. Such notice shall contain the last regulated rent,
13 the reason that such housing accommodation is not subject to this law or
14 the city rent and rehabilitation law, a calculation of how either the
15 rental amount charged when there is no lease or the rental amount
16 provided for in the lease has been derived so as to reach, IN A BUILDING
17 WITH FIFTY OR FEWER HOUSING ACCOMMODATIONS, two thousand ONE HUNDRED
18 dollars or more per month FOR ANY HOUSING ACCOMMODATION WHICH IS OR
19 BECOMES VACANT ON OR AFTER JUNE NINETEENTH, TWO THOUSAND ELEVEN, AND IN
20 A BUILDING WITH MORE THAN FIFTY HOUSING ACCOMMODATIONS, TWO THOUSAND
21 FOUR HUNDRED DOLLARS OR MORE PER MONTH FOR ANY HOUSING ACCOMMODATION
22 WHICH IS OR BECOMES VACANT ON OR AFTER JUNE NINETEENTH, TWO THOUSAND
23 ELEVEN, a statement that the last legal regulated rent or the maximum
24 rent may be verified by the tenant by contacting the state division of
25 housing and community renewal, or any successor thereto, and the address
26 and telephone number of such agency, or any successor thereto. Such
27 notice shall be sent by certified mail within thirty days after the
28 tenancy commences or after the signing of the lease by both parties,
29 whichever occurs first or shall be delivered to the tenant at the sign-
30 ing of the lease. In addition, the owner shall send and certify to the
31 tenant a copy of the registration statement for such housing accommo-
32 dation filed with the state division of housing and community renewal
33 indicating that such housing accommodation became exempt from the
34 provisions of this law or the city rent and rehabilitation law, which
35 form shall include the last regulated rent, and shall be sent to the
36 tenant within thirty days after the tenancy commences or the filing of
37 such registration, whichever occurs later.
38 S 20. Section 26-504.3 of the administrative code of the city of New
39 York, as added by chapter 253 of the laws of 1993, subdivision (b) and
40 paragraphs 1 and 2 of subdivision (c) as amended and subdivision (e) as
41 added by chapter 116 of the laws of 1997, is amended to read as follows:
42 S 26-504.3 High income rent decontrol. (a) For purposes of this
43 section, annual income shall mean the federal adjusted gross income as
44 reported on the New York state income tax return. Total annual income
45 means the sum of the annual incomes of all persons whose names are
46 recited as the tenant or co-tenant on a lease who occupy the housing
47 accommodation and all other persons that occupy the housing accommo-
48 dation as their primary residence on other than a temporary basis,
49 excluding bona fide employees of such occupants residing therein in
50 connection with such employment and excluding bona fide subtenants in
51 occupancy pursuant to the provisions of section two hundred twenty-six-b
52 of the real property law. In the case where a housing accommodation is
53 sublet, the annual income of the tenant or co-tenant recited on the
54 lease who will reoccupy the housing accommodation upon the expiration of
55 the sublease shall be considered.
S. 5758--A 153
1 (b) On or before the first day of May in each calendar year, the owner
2 of each housing accommodation for which the legal regulated rent is
3 [two] ONE thousand FIVE HUNDRED dollars or more per month may provide
4 the tenant or tenants residing therein with an income certification form
5 prepared by the division of housing and community renewal on which such
6 tenant or tenants shall identify all persons referred to in subdivision
7 (a) of this section and shall certify whether the total AVERAGE annual
8 income is in excess of one hundred seventy-five thousand dollars [in
9 each of] OR, FOR INCOME CERTIFICATION FORMS PROVIDED BY OWNERS TO
10 TENANTS ON AND AFTER JANUARY FIRST, TWO THOUSAND TWELVE, TWO HUNDRED
11 THOUSAND DOLLARS, FOR the two preceding calendar years. Such income
12 certification form shall state that the income level certified to by the
13 tenant may be subject to verification by the department of taxation and
14 finance pursuant to section one hundred seventy-one-b of the tax law and
15 shall not require disclosure of any income information other than wheth-
16 er the aforementioned threshold has been exceeded. Such income certif-
17 ication form shall clearly state that: (i) only tenants residing in
18 housing accommodations which have a legal regulated rent of [two] ONE
19 thousand FIVE HUNDRED dollars or more per month are required to complete
20 the certification form; (ii) that tenants have protections available to
21 them which are designed to prevent harassment; (iii) that tenants are
22 not required to provide any information regarding their income except
23 that which is requested on the form and may contain such other informa-
24 tion the division deems appropriate. The tenant or tenants shall return
25 the completed certification to the owner within thirty days after
26 service upon the tenant or tenants. In the event that the total AVERAGE
27 annual income as certified is in excess of one hundred seventy-five
28 thousand dollars [in each such year] OR, FOR INCOME CERTIFICATION FORMS
29 PROVIDED BY OWNERS TO TENANTS ON AND AFTER JANUARY FIRST, TWO THOUSAND
30 TWELVE, TWO HUNDRED THOUSAND DOLLARS, FOR THE TWO PRECEDING CALENDAR
31 YEARS, the owner may file the certification with the state division of
32 housing and community renewal on or before June thirtieth of such year.
33 Upon filing such certification with the division, the division shall,
34 within thirty days after the filing, issue an order providing that such
35 housing accommodation shall not be subject to the provisions of this act
36 upon the expiration of the existing lease. A copy of such order shall be
37 mailed by regular and certified mail, return receipt requested, to the
38 tenant or tenants and a copy thereof shall be mailed to the owner.
39 (c) 1. In the event that the tenant or tenants either fail to return
40 the completed certification to the owner on or before the date required
41 by subdivision (b) of this section or the owner disputes the certif-
42 ication returned by the tenant or tenants, the owner may, on or before
43 June thirtieth of such year, petition the state division of housing and
44 community renewal to verify, pursuant to section one hundred seventy-
45 one-b of the tax law, whether the total AVERAGE annual income exceeds
46 one hundred seventy-five thousand dollars [in each of] OR, FOR INCOME
47 CERTIFICATION FORMS PROVIDED BY OWNERS TO TENANTS ON AND AFTER JANUARY
48 FIRST, TWO THOUSAND TWELVE, TWO HUNDRED THOUSAND DOLLARS, FOR the two
49 preceding calendar years. Within twenty days after the filing of such
50 request with the division, the division shall notify the tenant or
51 tenants named on the lease that such tenant or tenants must provide the
52 division with such information as the division and the department of
53 taxation and finance shall require to verify whether the total annual
54 income exceeds one hundred seventy-five thousand dollars OR, FOR INCOME
55 CERTIFICATION FORMS PROVIDED BY OWNERS TO TENANTS ON AND AFTER JANUARY
56 FIRST, TWO THOUSAND TWELVE, TWO HUNDRED THOUSAND DOLLARS, in each such
S. 5758--A 154
1 year. The division's notification shall require the tenant or tenants to
2 provide the information to the division within sixty days of service
3 upon such tenant or tenants and shall include a warning in bold faced
4 type that failure to respond will result in an order being issued by the
5 division providing that such housing accommodation shall not be subject
6 to the provisions of this law.
7 2. If the department of taxation and finance determines that the total
8 AVERAGE annual income is in excess of one hundred seventy-five thousand
9 dollars [in each of] OR, FOR INCOME CERTIFICATION FORMS PROVIDED BY
10 OWNERS TO TENANTS ON AND AFTER JANUARY FIRST, TWO THOUSAND TWELVE, TWO
11 HUNDRED THOUSAND DOLLARS, FOR the two preceding calendar years, the
12 division shall, on or before November fifteenth of such year, notify the
13 owner and tenants of the results of such verification. Both the owner
14 and the tenants shall have thirty days within which to comment on such
15 verification results. Within forty-five days after the expiration of
16 the comment period, the division shall, where appropriate, issue an
17 order providing that such housing accommodation shall not be subject to
18 the provisions of this law upon the expiration of the existing lease. A
19 copy of such order shall be mailed by regular and certified mail, return
20 receipt requested, to the tenant or tenants and a copy thereof shall be
21 sent to the owner.
22 3. In the event the tenant or tenants fail to provide the information
23 required pursuant to paragraph one of this subdivision, the division
24 shall issue, on or before December first of such year, an order provid-
25 ing that such housing accommodation shall not be subject to the
26 provisions of this law upon the expiration of the current lease. A copy
27 of such order shall be mailed by regular and certified mail, return
28 receipt requested, to the tenant or tenants and a copy thereof shall be
29 sent to the owner.
30 4. The provisions of the state freedom of information act shall not
31 apply to any income information obtained by the division pursuant to
32 this section.
33 (d) This section shall apply only to section 26-504.1 of this code.
34 (e) Upon receipt of such order of decontrol pursuant to this section,
35 an owner shall offer the housing accommodation subject to such order to
36 the tenant at a rent not in excess of the market rent, which for the
37 purposes of this section means a rent obtainable in an arm's length
38 transaction. Such rental offer shall be made by the owner in writing to
39 the tenant by certified and regular mail and shall inform the tenant
40 that such offer must be accepted in writing within ten days of receipt.
41 The tenant shall respond within ten days after receipt of such offer. If
42 the tenant declines the offer or fails to respond within such period,
43 the owner may commence an action or proceeding for the eviction of such
44 tenant.
45 S 21. Subparagraphs (j) and (k) of paragraph 2 of subdivision e of
46 section 26-403 of the administrative code of the city of New York,
47 subparagraph (j) as amended by chapter 116 of the laws of 1997 and
48 subparagraph (k) as amended by chapter 82 of the laws of 2003, are
49 amended to read as follows:
50 (j) Upon the issuance of an order of decontrol by the division, hous-
51 ing accommodations which: (1) are occupied by persons who have a total
52 AVERAGE annual income in excess of one hundred seventy-five thousand
53 dollars OR, FOR INCOME CERTIFICATION FORMS PROVIDED BY OWNERS TO TENANTS
54 ON AND AFTER JANUARY FIRST, TWO THOUSAND TWELVE, TWO HUNDRED THOUSAND
55 DOLLARS, per annum [in each of] FOR the two preceding calendar years, as
56 defined in and subject to the limitations and process set forth in
S. 5758--A 155
1 section 26-403.1 of this chapter; and (2) have a maximum rent of [two]
2 ONE thousand FIVE HUNDRED dollars or more per month. Provided however,
3 that this exclusion shall not apply to housing accommodations which
4 became or become subject to this law by virtue of receiving tax benefits
5 pursuant to section four hundred eighty-nine of the real property tax
6 law.
7 (k) [Any] IN A BUILDING WITH FIFTY OR FEWER HOUSING ACCOMMODATIONS,
8 ANY housing accommodation which becomes vacant on or after [April first,
9 nineteen hundred ninety-seven and where at the time the tenant vacated
10 such housing accommodation the] JUNE NINETEENTH, TWO THOUSAND ELEVEN
11 WITH A maximum rent [was] OF two thousand ONE HUNDRED dollars or more
12 per month, [or] IN A BUILDING WITH MORE THAN FIFTY HOUSING ACCOMMO-
13 DATIONS, any housing accommodation which is or becomes vacant on or
14 after [the effective date of the rent regulation reform act of 1997]
15 JUNE NINETEENTH, TWO THOUSAND ELEVEN with a maximum rent of two thousand
16 FOUR HUNDRED dollars or more per month. This exclusion shall apply
17 regardless of whether the next tenant in occupancy or any subsequent
18 tenant in occupancy actually is charged or pays less than two thousand
19 ONE HUNDRED dollars a month OR TWO THOUSAND FOUR HUNDRED DOLLARS A
20 MONTH, AS THE CASE MAY BE, DEPENDING UPON THE NUMBER OF HOUSING ACCOMMO-
21 DATIONS IN SUCH BUILDING. Provided however, that this exclusion shall
22 not apply to housing accommodations which became or become subject to
23 this law by virtue of receiving tax benefits pursuant to section four
24 hundred eighty-nine of the real property tax law. This subparagraph
25 shall not apply, however, to or become effective with respect to housing
26 accommodations which the commissioner determines or finds that the land-
27 lord or any person acting on his or her behalf, with intent to cause the
28 tenant to vacate, has engaged in any course of conduct (including, but
29 not limited to, interruption or discontinuance of required services)
30 which interfered with or disturbed or was intended to interfere with or
31 disturb the comfort, repose, peace or quiet of the tenant in his or her
32 use or occupancy of the housing accommodations and in connection with
33 such course of conduct, any other general enforcement provision of this
34 law shall also apply.
35 S 22. Section 26-403.1 of the administrative code of the city of New
36 York, as added by chapter 253 of the laws of 1993, subdivision (b) and
37 paragraphs 1 and 2 of subdivision (c) as amended and subdivision (e) as
38 added by chapter 116 of the laws of 1997, is amended to read as follows:
39 S 26-403.1 High income rent decontrol. (a) For purposes of this
40 section, annual income shall mean the federal adjusted gross income as
41 reported on the New York state income tax return. Total annual income
42 means the sum of the annual incomes of all persons who occupy the hous-
43 ing accommodation as their primary residence other than on a temporary
44 basis, excluding bona fide employees of such occupants residing therein
45 in connection with such employment and excluding bona fide subtenants in
46 occupancy pursuant to the provisions of section two hundred twenty-six-b
47 of the real property law. In the case where a housing accommodation is
48 sublet, the annual income of the sublessor shall be considered.
49 (b) On or before the first day of May in each calendar year, the owner
50 of each housing accommodation for which the maximum rent is [two] ONE
51 thousand FIVE HUNDRED dollars or more per month may provide the tenant
52 or tenants residing therein with an income certification form prepared
53 by the division of housing and community renewal on which such tenant or
54 tenants shall identify all persons referred to in subdivision (a) of
55 this section and shall certify whether the total AVERAGE annual income
56 is in excess of one hundred seventy-five thousand dollars [in each of]
S. 5758--A 156
1 OR, FOR INCOME CERTIFICATION FORMS PROVIDED BY OWNERS TO TENANTS ON AND
2 AFTER JANUARY FIRST, TWO THOUSAND TWELVE, TWO HUNDRED THOUSAND DOLLARS,
3 FOR the two preceding calendar years. Such income certification form
4 shall state that the income level certified to by the tenant may be
5 subject to verification by the department of taxation and finance pursu-
6 ant to section one hundred seventy-one-b of the tax law and shall not
7 require disclosure of any income information other than whether the
8 aforementioned threshold has been exceeded. Such income certification
9 form shall clearly state that: (i) only tenants residing in housing
10 accommodations which have a maximum rent of [two] ONE thousand FIVE
11 HUNDRED dollars or more per month are required to complete the certif-
12 ication form; (ii) that tenants have protections available to them which
13 are designed to prevent harassment; (iii) that tenants are not required
14 to provide any information regarding their income except that which is
15 requested on the form and may contain such other information the divi-
16 sion deems appropriate. The tenant or tenants shall return the completed
17 certification to the owner within thirty days after service upon the
18 tenant or tenants. In the event that the total AVERAGE annual income as
19 certified is in excess of one hundred seventy-five thousand dollars [in
20 each such year] OR, FOR INCOME CERTIFICATION FORMS PROVIDED BY OWNERS TO
21 TENANTS ON AND AFTER JANUARY FIRST, TWO THOUSAND TWELVE, TWO HUNDRED
22 THOUSAND DOLLARS, FOR THE TWO PRECEDING CALENDAR YEARS, the owner may
23 file the certification with the state division of housing and community
24 renewal on or before June thirtieth of such year. Upon filing such
25 certification with the division, the division shall, within thirty days
26 after the filing, issue an order of decontrol providing that such hous-
27 ing accommodations shall not be subject to the provisions of this law as
28 of the first day of June in the year next succeeding the filing of the
29 certification by the owner. A copy of such order shall be mailed by
30 regular and certified mail, return receipt requested, to the tenant or
31 tenants and a copy thereof shall be mailed to the owner.
32 (c) 1. In the event that the tenant or tenants either fail to return
33 the completed certification to the owner on or before the date required
34 by subdivision (b) of this section or the owner disputes the certif-
35 ication returned by the tenant or tenants, the owner may, on or before
36 June thirtieth of such year, petition the state division of housing and
37 community renewal to verify, pursuant to section one hundred seventy-
38 one-b of the tax law, whether the total AVERAGE annual income exceeds
39 one hundred seventy-five thousand dollars [in each of] OR, FOR INCOME
40 CERTIFICATION FORMS PROVIDED BY OWNERS TO TENANTS ON AND AFTER JANUARY
41 FIRST, TWO THOUSAND TWELVE, TWO HUNDRED THOUSAND DOLLARS FOR the two
42 preceding calendar years. Within twenty days after the filing of such
43 request with the division, the division shall notify the tenant or
44 tenants that such tenant or tenants must provide the division with such
45 information as the division and the department of taxation and finance
46 shall require to verify whether the total AVERAGE annual income exceeds
47 one hundred seventy-five thousand dollars [in each such year] OR, FOR
48 INCOME CERTIFICATION FORMS PROVIDED BY OWNERS TO TENANTS ON AND AFTER
49 JANUARY FIRST, TWO THOUSAND TWELVE, TWO HUNDRED THOUSAND DOLLARS, FOR
50 THE TWO PRECEDING CALENDAR YEARS. The division's notification shall
51 require the tenant or tenants to provide the information to the division
52 within sixty days of service upon such tenant or tenants and shall
53 include a warning in bold faced type that failure to respond will result
54 in an order of decontrol being issued by the division for such housing
55 accommodation.
S. 5758--A 157
1 2. If the department of taxation and finance determines that the total
2 annual income is in excess of one hundred seventy-five thousand dollars
3 [in each of] OR, FOR INCOME CERTIFICATION FORMS PROVIDED BY OWNERS TO
4 TENANTS ON AND AFTER JANUARY FIRST, TWO THOUSAND TWELVE, TWO HUNDRED
5 THOUSAND DOLLARS, FOR the two preceding calendar years, the division
6 shall, on or before November fifteenth of such year, notify the owner
7 and tenants of the results of such verification. Both the owner and the
8 tenants shall have thirty days within which to comment on such verifica-
9 tion results. Within forty-five days after the expiration of the
10 comment period, the division shall, where appropriate, issue an order of
11 decontrol providing that such housing accommodation shall not be subject
12 to the provisions of this law as of the first day of March in the year
13 next succeeding the filing of the owner's petition with the division. A
14 copy of such order shall be mailed by regular and certified mail, return
15 receipt requested, to the tenant or tenants and a copy thereof shall be
16 sent to the owner.
17 3. In the event the tenant or tenants fail to provide the information
18 required pursuant to paragraph one of this subdivision, the division
19 shall issue, on or before December first of such year, an order of
20 decontrol providing that such housing accommodation shall not be subject
21 to the provisions of this law as of the first day of March in the year
22 next succeeding the last day on which the tenant or tenants were
23 required to provide the information required by such paragraph. A copy
24 of such order shall be mailed by regular and certified mail, return
25 receipt requested, to the tenant or tenants and a copy thereof shall be
26 sent to the owner.
27 4. The provisions of the state freedom of information act shall not
28 apply to any income information obtained by the division pursuant to
29 this section.
30 (d) This section shall apply only to subparagraph (j) of paragraph two
31 of subdivision e of section 26-403 of this code.
32 (e) Upon receipt of such order of decontrol pursuant to this section,
33 an owner shall offer the housing accommodation subject to such order to
34 the tenant at a rent not in excess of the market rent, which for the
35 purposes of this section means a rent obtainable in an arm's length
36 transaction. Such rental offer shall be made by the owner in writing to
37 the tenant by certified and regular mail and shall inform the tenant
38 that such offer must be accepted in writing within ten days of receipt.
39 The tenant shall respond within ten days after receipt of such offer. If
40 the tenant declines the offer or fails to respond within such period,
41 the owner may commence an action or proceeding for the eviction of such
42 tenant.
43 S 23. No provision of this act shall be construed to affect, in any
44 manner whatsoever, the deregulation of any housing accommodations effec-
45 tuated pursuant to any of the foregoing provisions of law in effect as
46 of or prior to the date of the enactment of this act.
47 S 24. This act shall take effect immediately.
48 SUBPART C
49 Section 1. Clause 10 of subparagraph (i) of paragraph 2 of subdivision
50 e of section 26-403 of the administrative code of the city of New York,
51 as amended by chapter 422 of the laws of 2010, is amended to read as
52 follows:
53 (10) Housing accommodations not occupied by the tenant, not including
54 subtenants or occupants, as his or her primary residence, as determined
S. 5758--A 158
1 by a court of competent jurisdiction. For the purposes of determining
2 primary residency, a tenant who is a victim of domestic violence, as
3 defined in section four hundred fifty-nine-a of the social services law,
4 who has left the unit because of such violence, and who asserts an
5 intent to return to the housing accommodation shall be deemed to be
6 occupying the unit as his or her primary residence. FOR PURPOSES OF
7 DETERMINING PRIMARY RESIDENCY, AS SUCH TERM IS USED IN THIS CHAPTER, THE
8 FOLLOWING SHALL APPLY: (I) THE FAILURE TO FILE A CITY RESIDENT INCOME
9 TAX RETURN BY AN INDIVIDUAL REQUIRED BY LAW TO FILE SUCH A RETURN, SHALL
10 RESULT IN A DETERMINATION THAT THE TENANT DOES NOT OCCUPY THE HOUSING
11 ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE; PROVIDED, HOWEVER, THAT
12 THIS PROVISION SHALL NOT APPLY TO AN INDIVIDUAL WHO HAS REQUESTED AN
13 EXTENSION OF TIME FOR PAYMENT OF TAX OR WHERE ANY OTHER FACTOR EXISTS
14 WHICH WOULD EXCUSE THE TIMELY FILING OF THE RETURN; PROVIDED FURTHER,
15 THAT THE TIMELY FILING OF SUCH RETURN SHALL NOT, IN AND OF ITSELF,
16 RESULT IN A DETERMINATION THAT THE INDIVIDUAL DOES OCCUPY THE HOUSING
17 ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE OR (II) A VOTE IS CAST BY
18 A TENANT DURING THEIR TENANCY IN ANY ELECTION HELD IN ACCORDANCE WITH
19 THE PROVISIONS OF THE ELECTION LAW CONDUCTED IN ANY ELECTION DISTRICT
20 OTHER THAN THE ONE DESIGNATED FOR THE HOUSING ACCOMMODATION LOCATED IN
21 THE CITY SHALL RESULT IN A DETERMINATION THAT THE TENANT DOES NOT OCCUPY
22 THE HOUSING ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE. No action or
23 proceeding shall be commenced seeking to recover possession on the
24 ground that a housing accommodation is not occupied by the tenant as his
25 or her primary residence unless the owner or lessor shall have given
26 thirty days notice to the tenant of his or her intention to commence
27 such action or proceeding on such grounds.
28 S 2. Subparagraph (f) of paragraph 1 of subdivision a of section
29 26-504 of the administrative code of the city of New York, as amended by
30 chapter 422 of the laws of 2010, is amended to read as follows:
31 (f) not occupied by the tenant, not including subtenants or occupants,
32 as his or her primary residence, as determined by a court of competent
33 jurisdiction[, provided, however that no]. FOR PURPOSES OF DETERMINING
34 PRIMARY RESIDENCY, AS SUCH TERM IS USED IN THIS CHAPTER, THE FOLLOWING
35 SHALL APPLY: (I) THE FAILURE TO FILE A CITY RESIDENT INCOME TAX RETURN
36 BY AN INDIVIDUAL REQUIRED BY LAW TO FILE SUCH A RETURN, SHALL RESULT IN
37 A DETERMINATION THAT THE TENANT DOES NOT OCCUPY THE HOUSING ACCOMMO-
38 DATION AS HIS OR HER PRIMARY RESIDENCE; PROVIDED, HOWEVER, THAT THIS
39 PROVISION SHALL NOT APPLY TO AN INDIVIDUAL WHO HAS REQUESTED AN EXTEN-
40 SION OF TIME FOR PAYMENT OF TAX OR WHERE ANY OTHER FACTOR EXISTS WHICH
41 WOULD EXCUSE THE TIMELY FILING OF SUCH RETURN; PROVIDED FURTHER, THAT
42 THE TIMELY FILING OF SUCH RETURN SHALL NOT, IN AND OF ITSELF, RESULT IN
43 A DETERMINATION THAT THE INDIVIDUAL DOES OCCUPY THE HOUSING ACCOMMO-
44 DATION AS HIS OR HER PRIMARY RESIDENCE OR (II) A VOTE CAST BY A TENANT
45 DURING TENANCY IN ANY ELECTION HELD IN ACCORDANCE WITH THE PROVISIONS OF
46 THE ELECTION LAW CONDUCTED IN ANY ELECTION DISTRICT OTHER THAN THE ONE
47 DESIGNATED FOR THE HOUSING ACCOMMODATION LOCATED IN THE CITY SHALL
48 RESULT IN A FINDING THAT THE TENANT DOES NOT OCCUPY THE UNIT AS HIS OR
49 HER PRIMARY RESIDENCE. NO action or proceeding shall be commenced seek-
50 ing to recover possession on the ground that a housing accommodation is
51 not occupied by the tenant as his or her primary residence unless the
52 owner or lessor shall have given thirty days notice to the tenant of his
53 or her intention to commence such action or proceeding on such grounds.
54 SUCH ACTION OR PROCEEDING MAY BE BROUGHT AT ANY TIME DURING THE COURSE
55 OF A TENANT'S LEASE OR ANY RENEWAL LEASE. IN THE EVENT AN ACTION OR
56 PROCEEDING IS COMMENCED PRIOR TO THE DATE THAT AN OFFER OF A RENEWAL
S. 5758--A 159
1 LEASE IS OTHERWISE REQUIRED TO BE MADE BY THE OWNER TO THE TENANT, THE
2 COMMENCEMENT OF SUCH ACTION OR PROCEEDING SHALL SUBSTITUTE FOR THE
3 SERVICE OF ANY OTHER NOTICE PERTAINING TO SUCH RENEWAL, INCLUDING BUT
4 NOT LIMITED TO A NOTICE OF NON-RENEWAL OF SUCH LEASE. For the purposes
5 of determining primary residency, a tenant who is a victim of domestic
6 violence, as defined in section four hundred fifty-nine-a of the social
7 services law, who has left the unit because of such violence, and who
8 asserts an intent to return to the housing accommodation shall be deemed
9 to be occupying the unit as his or her primary residence. For the
10 purposes of this subparagraph where a housing accommodation is rented to
11 a not-for-profit hospital for residential use, affiliated subtenants
12 authorized to use such accommodations by such hospital shall be deemed
13 to be tenants, or
14 S 3. Paragraph 11 of subdivision a of section 5 of section 4 of chap-
15 ter 576 of the laws of 1974, constituting the emergency tenant
16 protection act of nineteen seventy-four, as amended by chapter 422 of
17 the laws of 2010, is amended to read as follows:
18 (11) housing accommodations which are not occupied by the tenant, not
19 including subtenants or occupants, as his or her primary residence, as
20 determined by a court of competent jurisdiction. FOR PURPOSES OF DETER-
21 MINING PRIMARY RESIDENCY, AS SUCH TERM IS USED IN THIS ACT, THE FOLLOW-
22 ING SHALL APPLY: (I) THE FAILURE TO FILE A STATE RESIDENT INCOME TAX
23 RETURN BY AN INDIVIDUAL REQUIRED BY LAW TO FILE SUCH A RETURN, SHALL
24 RESULT IN A DETERMINATION THAT THE TENANT DOES NOT OCCUPY THE HOUSING
25 ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE; PROVIDED, HOWEVER, THAT
26 THIS PROVISION SHALL NOT APPLY TO AN INDIVIDUAL WHO HAS REQUESTED AN
27 EXTENSION OF TIME FOR PAYMENT OF TAX OR WHERE ANY OTHER FACTOR EXISTS
28 WHICH WOULD EXCUSE THE TIMELY FILING OF THE RETURN; PROVIDED FURTHER,
29 THAT THE TIMELY FILING OF SUCH RETURN SHALL NOT, IN AND OF ITSELF,
30 RESULT IN A DETERMINATION THAT THE INDIVIDUAL DOES OCCUPY THE HOUSING
31 ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE OR (II) A VOTE CAST BY A
32 TENANT DURING TENANCY IN ANY ELECTION HELD IN ACCORDANCE WITH THE
33 PROVISIONS OF THE ELECTION LAW CONDUCTED IN ANY ELECTION DISTRICT OTHER
34 THAN THE ONE DESIGNATED FOR THE HOUSING ACCOMMODATION LOCATED IN THE
35 CITY OF NEW YORK SHALL RESULT IN A FINDING THAT THE TENANT DOES NOT
36 OCCUPY THE HOUSING ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE. SUCH
37 ACTION OR PROCEEDING MAY BE BROUGHT AT ANY TIME DURING THE COURSE OF A
38 TENANT'S LEASE OR ANY RENEWAL LEASE. IN THE EVENT AN ACTION OR PROCEED-
39 ING IS COMMENCED PRIOR TO THE DATE THAT AN OFFER OF A RENEWAL LEASE IS
40 OTHERWISE REQUIRED TO BE MADE BY THE OWNER TO THE TENANT, THE COMMENCE-
41 MENT OF SUCH ACTION OR PROCEEDING SHALL SUBSTITUTE FOR THE SERVICE OF
42 ANY OTHER NOTICE PERTAINING TO SUCH RENEWAL, INCLUDING BUT NOT LIMITED
43 TO A NOTICE OF NON-RENEWAL OF SUCH LEASE. For the purposes of determin-
44 ing primary residency, a tenant who is a victim of domestic violence, as
45 defined in section four hundred fifty-nine-a of the social services law,
46 who has left the unit because of such violence, and who asserts an
47 intent to return to the housing accommodation shall be deemed to be
48 occupying the unit as his or her primary residence. For the purposes of
49 this paragraph, where a housing accommodation is rented to a not-for-
50 profit hospital for residential use, affiliated subtenants authorized to
51 use such accommodations by such hospital shall be deemed to be tenants.
52 No action or proceeding shall be commenced seeking to recover possession
53 on the ground that a housing accommodation is not occupied by the tenant
54 as his or her primary residence unless the owner or lessor shall have
55 given thirty days notice to the tenant of his or her intention to
56 commence such action or proceeding on such grounds.
S. 5758--A 160
1 S 4. This act shall take effect immediately.
2 S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
3 sion, section or part of this act shall be adjudged by any court of
4 competent jurisdiction to be invalid, such judgment shall not affect,
5 impair, or invalidate the remainder thereof, but shall be confined in
6 its operation to the clause, sentence, paragraph, subdivision, section
7 or part thereof directly involved in the controversy in which such judg-
8 ment shall have been rendered. It is hereby declared to be the intent of
9 the legislature that this act would have been enacted even if such
10 invalid provisions had not been included herein.
11 S 3. This act shall take effect immediately provided, however, that
12 the applicable effective date of Subparts A through C of this act shall
13 be as specifically set forth in the last section of such Subparts.
14 S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
15 sion, section or part of this act shall be adjudged by any court of
16 competent jurisdiction to be invalid, such judgment shall not affect,
17 impair, or invalidate the remainder thereof, but shall be confined in
18 its operation to the clause, sentence, paragraph, subdivision, section
19 or part thereof directly involved in the controversy in which such judg-
20 ment shall have been rendered. It is hereby declared to be the intent of
21 the legislature that this act would have been enacted even if such
22 invalid provisions had not been included herein.
23 S 3. This act shall take effect immediately provided, however, that
24 the applicable effective date of Parts A through H of this act shall be
25 as specifically set forth in the last section of such Parts.
