-  This bill is not active in this session.
 

A03005 Summary:

BILL NOA03005D
 
SAME ASSAME AS UNI. S02605-D
 
SPONSORBudget
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts major components of legislation into law that are necessary to implement the public protection and general government budget for the 2013-2014 state fiscal year; authorizes the governor to close correctional facilities; authorizes the urban development corporation, the office of general services and the department of corrections and community supervision to transfer and convey certain lands in the county of Bronx, city of New York, to the Thomas Mott Osborne Memorial Fund, Inc.; increases surcharges for certain violations; establishes enhanced penalties for multiple violations of the mobile phone and texting prohibitions; relates to adopting the national crime prevention and privacy compact; extends numerous provisions of law; relates to the disposition of monies recovered by county district attorneys before the filing of an accusatory instrument; creates a new New York state gaming commission account; relates to reducing purse amounts paid from the VLT program; relates to reforming the local government citizens re-organization empowerment grant program and the local government efficiency grant program; relates to providing for the consolidation of certain information technology staff and services within the office of information technology services; relates to the office of cyber security; increases discretionary thresholds for procurement of food commodities; includes school districts and boards of cooperative educational services in the intrastate mutual aid program; relates to state aid on certain state leased or state-owned land; relates to emergency alerts; relates to extending the authority for the joint underwriting association to issue broad form insurance coverage; and relates to eliminating the earnings limitation for retired police officers employed as school resource officers.
Go to top    

A03005 Actions:

BILL NOA03005D
 
01/22/2013referred to ways and means
02/13/2013amend and recommit to ways and means
02/13/2013print number 3005a
02/22/2013amend (t) and recommit to ways and means
02/22/2013print number 3005b
03/08/2013amend (t) and recommit to ways and means
03/08/2013print number 3005c
03/20/2013amend (t) and recommit to ways and means
03/20/2013print number 3005d
03/28/2013reported referred to rules
03/28/2013reported
03/28/2013rules report cal.44
03/28/2013substituted by s2605d
 S02605 AMEND=D BUDGET
 01/22/2013REFERRED TO FINANCE
 02/13/2013AMEND AND RECOMMIT TO FINANCE
 02/13/2013PRINT NUMBER 2605A
 02/22/2013AMEND (T) AND RECOMMIT TO FINANCE
 02/22/2013PRINT NUMBER 2605B
 03/09/2013AMEND (T) AND RECOMMIT TO FINANCE
 03/09/2013PRINT NUMBER 2605C
 03/20/2013AMEND (T) AND RECOMMIT TO FINANCE
 03/20/2013PRINT NUMBER 2605D
 03/24/2013ORDERED TO THIRD READING CAL.271
 03/24/2013PASSED SENATE
 03/24/2013DELIVERED TO ASSEMBLY
 03/24/2013referred to ways and means
 03/28/2013substituted for a3005d
 03/28/2013ordered to third reading rules cal.44
 03/28/2013motion to amend lost
 03/28/2013motion to amend lost
 03/28/2013motion to amend lost
 03/28/2013passed assembly
 03/28/2013returned to senate
 03/28/2013DELIVERED TO GOVERNOR
 03/28/2013SIGNED CHAP.55
Go to top

A03005 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 2605--D                                            A. 3005--D
 
                SENATE - ASSEMBLY
 
                                    January 22, 2013
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered

          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
          article seven of the Constitution -- read once  and  referred  to  the
          Committee  on  Ways  and  Means -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          again  reported from said committee with amendments, ordered reprinted
          as amended and recommitted to said committee --  again  reported  from
          said  committee  with  amendments,  ordered  reprinted  as amended and
          recommitted to said committee -- again reported  from  said  committee

          with  amendments, ordered reprinted as amended and recommitted to said
          committee
 
        AN ACT authorizing the governor to close  correctional  facilities;  and
          providing  for  the  repeal of such provisions upon expiration thereof
          (Part A); authorizing the urban development corporation, the office of
          general services and  the  department  of  corrections  and  community
          supervision  to  transfer  and  convey  certain lands in the county of
          Bronx, city of New York, to the Thomas  Mott  Osborne  Memorial  Fund,
          Inc.  (Part  B);  to amend the vehicle and traffic law, in relation to
          increasing surcharges for certain violations; in relation to  enhanced
          penalties  for  multiple  violations  of  the mobile phone and texting
          prohibitions (Part C); to amend the  executive  law,  in  relation  to
          adopting  the  national crime prevention and privacy compact (Part D);

          to amend chapter 887 of the laws of 1983, amending the correction  law
          relating  to  the  psychological testing of candidates, in relation to
          the effectiveness thereof; to amend chapter 428 of the laws  of  1999,
          amending  the executive law and the criminal procedure law relating to
          expanding the geographic area of employment of  certain  police  offi-
          cers,  in  relation  to  extending  the expiration of such chapter; to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12570-08-3

        S. 2605--D                          2                         A. 3005--D
 
          amend chapter 886 of the laws of 1972, amending the correction law and

          the penal law relating to prisoner furloughs in certain cases and  the
          crime of absconding therefrom, in relation to the effectiveness there-
          of; to amend chapter 261 of the laws of 1987, amending chapters 50, 53
          and  54  of  the  laws  of 1987, the correction law, the penal law and
          other chapters  and  laws  relating  to  correctional  facilities,  in
          relation  to  the  effectiveness  thereof; to amend chapter 339 of the
          laws of 1972, amending the correction law and the penal  law  relating
          to  inmate work release, furlough and leave, in relation to making the
          provisions of such chapter permanent; to amend chapter 60 of the  laws
          of  1994  relating to certain provisions which impact upon expenditure
          of certain appropriations made by chapter  50  of  the  laws  of  1994
          enacting the state operations budget, in relation to the effectiveness

          thereof;  to  amend  chapter  3  of  the  laws  of  1995, amending the
          correction law and other laws relating to the  incarceration  fee,  in
          relation  to  extending  the  expiration of certain provisions of such
          chapter; to amend chapter  62  of  the  laws  of  2011,  amending  the
          correction  law and the executive law, relating to merging the depart-
          ment of correctional services and division of parole into the  depart-
          ment  of  corrections  and  community  supervision  in relation to the
          effectiveness thereof; to amend chapter 55 of the laws of 1992, amend-
          ing the tax law and other laws relating to taxes, surcharges, fees and
          funding, in relation to extending the expiration of certain provisions
          of such chapter; to amend chapter 907 of the laws  of  1984,  amending
          the correction law, the New York city criminal court act and the exec-

          utive  law  relating  to  prison  and jail housing and alternatives to
          detention and incarceration programs, in  relation  to  extending  the
          expiration of certain provisions of such chapter; to amend chapter 166
          of  the  laws of 1991, amending the tax law and other laws relating to
          taxes, in relation to extending the expiration of  certain  provisions
          of  such chapter; to amend the vehicle and traffic law, in relation to
          extending the expiration of the mandatory surcharge and victim assist-
          ance fee; to amend chapter 713 of the laws of 1988, amending the vehi-
          cle and traffic law relating to the ignition interlock device program,
          in relation to extending the expiration thereof; to amend chapter  435
          of the laws of 1997, amending the military law and other laws relating
          to various provisions, in relation to extending the expiration date of

          the  merit  provisions of the correction law and the penal law of such
          chapter; to amend chapter 412 of the laws of 1999, amending the  civil
          practice law and rules and the court of claims act relating to prison-
          er  litigation  reform, in relation to extending the expiration of the
          inmate filing fee provisions of the civil practice law and  rules  and
          general  filing  fee  provision  and inmate property claims exhaustion
          requirement of the court of claims act of such chapter; to amend chap-
          ter 222 of the laws of 1994 constituting  the  family  protection  and
          domestic  violence  intervention act of 1994, in relation to extending
          the expiration of certain provisions of  the  criminal  procedure  law
          requiring the arrest of certain persons engaged in family violence; to
          amend chapter 505 of the laws of 1985, amending the criminal procedure

          law relating to the use of closed-circuit television and other protec-
          tive  measures  for  certain child witnesses, in relation to extending
          the expiration of the provisions thereof; to amend chapter  3  of  the
          laws  of 1995, enacting the sentencing reform act of 1995, in relation
          to extending the expiration of certain provisions of such chapter;  to
          amend  chapter 689 of the laws of 1993 amending the criminal procedure
          law relating to electronic court appearance in  certain  counties,  in

        S. 2605--D                          3                         A. 3005--D
 
          relation to extending the effective date thereof; to amend chapter 688
          of  the  laws of 2003, amending the executive law relating to enacting
          the interstate compact for adult offender supervision, in relation  to

          the  effectiveness  thereof; to amend part H of chapter 56 of the laws
          of 2009, amending the correction law relating to limiting the  closing
          of  certain  correctional facilities, providing for the custody by the
          department  of  correctional  services  of  inmates  serving  definite
          sentences,  providing  for  custody of federal prisoners and requiring
          the closing of certain correctional facilities,  in  relation  to  the
          effectiveness  of  such  chapter;  and to amend section 3 of part C of
          chapter 152 of the laws of 2001, amending the military law relating to
          military funds of the organized militia, in relation to the effective-
          ness thereof; to amend section 5 of chapter 554 of the  laws  of  1986
          amending  the  correction  law and the penal law relating to providing
          for community treatment  facilities  and  establishing  the  crime  of

          absconding  from  the community treatment facility, in relation to the
          effectiveness thereof (Part E); to amend chapter 503 of  the  laws  of
          2009,  relating  to  the  disposition  of  monies  recovered by county
          district attorneys before the filing of an accusatory  instrument,  in
          relation  to the effectiveness thereof (Part F); intentionally omitted
          (Part G); intentionally omitted (Part H); to amend the  state  finance
          law,  in  relation  to creating a new New York state gaming commission
          account (Part I); to amend the tax law, in relation to reducing  purse
          amounts paid from the VLT program (Part J); to amend the state finance
          law, in relation to reforming the local government citizens re-organi-
          zation  empowerment  grant program and the local government efficiency
          grant program (Part K); intentionally omitted (Part L);  intentionally

          omitted (Part M); to amend the executive law, the state technology law
          and the general business law, in relation to providing for the consol-
          idation  of  certain  information technology staff and services within
          the office of information technology services; and to  repeal  section
          715  of  the  executive  law, relating to the office of cyber security
          (Part N); intentionally omitted (Part O); to amend the  state  finance
          law,  in  relation to increasing discretionary thresholds for procure-
          ment of food commodities (Part P); to  amend  the  executive  law,  in
          relation  to  including  school  districts  and  boards of cooperative
          educational services in the intrastate mutual aid  program  (Part  Q);
          intentionally  omitted  (Part  R);  intentionally omitted (Part S); to
          amend the public lands law, in relation to state aid on certain  state

          leased  or  state-owned land (Part T); intentionally omitted (Part U);
          to amend the executive law, in relation to emergency alerts (Part  V);
          to amend the insurance law, in relation to extending the authority for
          the  joint  underwriting  association  to  issue  broad form insurance
          coverage (Part W); to amend chapter 141 of the laws of 1994,  amending
          the  legislative  law and the state finance law relating to the opera-
          tion and administration of the legislature, in relation  to  extending
          such  provisions (Part X); to amend the retirement and social security
          law, in relation to eliminating the earnings  limitation  for  retired
          police  officers employed as school resource officers (Part Y); and to
          amend chapter 401 of the laws of 2002, amending the real property  tax
          law  and  the Nassau county administrative code relating to assessment

          and review of assessments in the county  of  Nassau,  in  relation  to
          extending  the expiration and repeal of certain provisions thereof; to
          amend the real property tax law, in relation to assessment and  review
          of  assessments;  and  providing  for the repeal of certain provisions
          upon expiration thereof (Part Z)

        S. 2605--D                          4                         A. 3005--D
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act enacts into law major components of legislation
     2  which are necessary to implement the state fiscal plan for the 2013-2014
     3  state fiscal year. Each component is  wholly  contained  within  a  Part
     4  identified  as Parts A through Z. The effective date for each particular

     5  provision contained within such Part is set forth in the last section of
     6  such Part. Any provision in any section contained within a Part, includ-
     7  ing the effective date of the Part, which makes a reference to a section
     8  "of this act", when used in connection with that  particular  component,
     9  shall  be  deemed  to mean and refer to the corresponding section of the
    10  Part in which it is found. Section three of  this  act  sets  forth  the
    11  general effective date of this act.
 
    12                                   PART A
 
    13    Section 1. Notwithstanding the provisions of sections 79-a and 79-b of
    14  the  correction law, the governor is authorized to close the Bayview and
    15  Beacon correctional facilities of  the  department  of  corrections  and
    16  community supervision, in state fiscal year 2013-14, as he determines to
    17  be  necessary  for  the  cost-effective  and  efficient operation of the

    18  correctional system, provided that the governor  provides  at  least  60
    19  days notice prior to any such closures to the temporary president of the
    20  senate and the speaker of the assembly.
    21    §  2. This act shall take effect April 1, 2013 and shall expire and be
    22  deemed repealed March 31, 2014.
 
    23                                   PART B
 
    24    Section 1. Notwithstanding any inconsistent provision of  law  to  the
    25  contrary,  the  urban  development corporation is authorized to transfer
    26  and convey to the Thomas Mott Osborne Memorial  Fund,  Inc.  its  right,
    27  title,  and  interest  in the lands and improvements known as the Fulton
    28  Correctional Facility and further described in section two of this  act.
    29  The  conveyance  shall  be  made  upon such terms and conditions, as the
    30  board of directors of the urban  development  corporation  may,  in  its

    31  discretion, fix and determine.  The commissioner of general services and
    32  the  commissioner  of the department of corrections and community super-
    33  vision are hereby empowered to enter into  such  contractual  agreements
    34  with  the  corporation  and  its subsidiaries to effect the transfer and
    35  conveyance and do all things necessary to carry out  the  provisions  of
    36  this act.
    37    §  2. The lands to be conveyed pursuant to section one of this act are
    38  situated in the city of New York, county of  Bronx,  and  are  generally
    39  described as follows:
    40                                  Parcel I
    41    All  that  piece  or parcel of land lying and being in the Borough and
    42  County of the Bronx, City and State of New York, and being  all  of  Lot
    43  No. 30, Block 2928, and being more particularly described as follows:
    44    Beginning  at  the  intersection  of  the  northerly  line of E. 171st

    45  Street, and the westerly line of Fulton Avenue,  thence  westerly  along
    46  the northerly line of E.  171st Street, 115.32 feet to the easterly line
    47  of Lot 33; thence northerly along the last mentioned lot line 71.90 feet
    48  to  the  intersection  of  the southerly line of Lot 29; thence easterly
    49  along the last mentioned lot line, 106.08 feet to its intersection  with

        S. 2605--D                          5                         A. 3005--D
 
     1  the  said  westerly line of Fulton Ave.; thence southerly along the said
     2  westerly line of Fulton Avenue 80.00 feet  to  the  point  or  place  of
     3  beginning.
     4                                  Parcel II
     5    All  that  piece  or parcel of land lying and being in the Borough and
     6  County of the Bronx, City and State of New York, and being  all  of  Lot
     7  No. 33, Block 2928, and being more particularly described as follows:

     8    Beginning  at  the  intersection  of  the  northerly  line of E. 171st
     9  Street, and the westerly line of Lot 30, said point  being  115.32  feet
    10  westerly from the intersection of the northerly line of E. 171st Street,
    11  and  the  westerly line of Fulton Avenue; thence South 88  21' 50" West,
    12  along the northerly line of E.  171st Street, a distance of  75.86  feet
    13  to  a  point,  said  point  being 175.21 feet distant easterly, measured
    14  along the northerly line of E. 171st Street from the  corner  formed  by
    15  the  intersection  of  the easterly line of 3rd Avenue and the northerly
    16  line of E. 171st Street; thence North 01  11'  27"  East,  and  parallel
    17  with 3rd Avenue 141.75 feet to a point; thence North 84  03' 45" East, a
    18  distance  of  50.38  feet to a point; thence South 01  11' 27" West, and
    19  parallel to 3rd Avenue, 25.19 feet to a point; thence North 84  03'  45"

    20  East, 25.99 feet to a point; thence South 01  11' 27" West, and parallel
    21  to 3rd Avenue, 122.30 feet to the point or place of beginning.
    22    §  3.  Notwithstanding  the foregoing, the authorization to convey the
    23  Fulton Correctional Facility shall be subject to the condition precedent
    24  that such conveyance shall not impair or result in any diminution of the
    25  obligations to holders of any bonds which financed,  refinanced  or  are
    26  secured  by  correctional  facilities  (or payments in respect thereof),
    27  including the Fulton Correctional  Facility,  and  shall  not  adversely
    28  affect any exemption of interest on such bonds from federal income tax.
    29    §  4. The description in section two of this act is not intended to be
    30  a legal description but  is  intended  to  identify  the  parcel  to  be
    31  conveyed.  As a condition of the purchase, the Thomas Mott Osborne Memo-

    32  rial Fund, Inc. may submit to  the  urban  development  corporation  for
    33  approval,  an  accurate  survey  and  description  of  the  lands  to be
    34  conveyed, which may be used in the conveyance thereof.
    35    § 5. Any lands transferred pursuant to this act shall be used for  the
    36  purpose  of providing opportunities for individuals in conflict with the
    37  law through reform and rehabilitation programs, alternatives  to  incar-
    38  ceration  and  re-entry,  for  providing services to persons affected by
    39  crime and/or incarceration, and for related  community  activities,  and
    40  upon  termination  of  such use, title to the lands so transferred shall
    41  revert to the state of New York.
    42    § 6. The board of directors of the urban development corporation shall
    43  not transfer and convey said lands unless application is  made  therefor

    44  by the Thomas Mott Osborne Memorial Fund, Inc. within one year after the
    45  effective date of this act.
    46    § 7. This act shall take effect immediately.
 
    47                                   PART C
 
    48    Section 1.  Subdivision 4 of section 1225-c of the vehicle and traffic
    49  law,  as  added by chapter 69 of the laws of 2001, is amended to read as
    50  follows:
    51    4. A violation of subdivision two of this section shall be  a  traffic
    52  infraction  and  shall  be  punishable  by a fine of not less than fifty
    53  dollars nor more than one hundred fifty dollars  upon  conviction  of  a
    54  first  violation;  upon  conviction of a second violation, both of which

        S. 2605--D                          6                         A. 3005--D
 

     1  were committed within a period of eighteen months, such violation  shall
     2  be  punished  by a fine of not less than fifty dollars nor more than two
     3  hundred dollars; upon conviction of a third or subsequent violation, all
     4  of  which  were  committed  within  a  period  of  eighteen months, such
     5  violation shall be punished by a fine of not less than fifty dollars nor
     6  more than four hundred dollars.
     7    § 2. Subdivision 6 of section 1225-d of the vehicle and  traffic  law,
     8  as  amended  by  chapter  109 of the laws of 2011, is amended to read as
     9  follows:
    10    6. A violation of this section shall be a traffic infraction and shall
    11  be punishable by a fine of not less than fifty dollars nor more than one
    12  hundred fifty dollars[.]upon  conviction  of  a  first  violation;  upon

    13  conviction  of a second violation, both of which were committed within a
    14  period of eighteen months, such violation shall be punished by a fine of
    15  not less than fifty dollars nor more  than  two  hundred  dollars;  upon
    16  conviction of a third or subsequent violation, all of which were commit-
    17  ted within a period of eighteen months, such violation shall be punished
    18  by  a  fine  of  not  less than fifty dollars nor more than four hundred
    19  dollars.
    20    § 3. Paragraph a of subdivision 1 of section 1809-e of the vehicle and
    21  traffic law, as amended by section 11 of part II of chapter  59  of  the
    22  laws of 2010, is amended to read as follows:
    23    a. Notwithstanding any other provision of law, whenever proceedings in
    24  a  court  or  an  administrative  tribunal  of  this  state  result in a

    25  conviction for an offense under this chapter, except a conviction pursu-
    26  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    27  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    28  regulation adopted pursuant to this chapter, except a traffic infraction
    29  involving standing, stopping, or parking or violations by pedestrians or
    30  bicyclists,  and  except  an adjudication of liability of an owner for a
    31  violation of subdivision (d) of section eleven hundred  eleven  of  this
    32  chapter in accordance with section eleven hundred eleven-a of this chap-
    33  ter, and except an adjudication of liability of an owner for a violation
    34  of  subdivision  (d) of section eleven hundred eleven of this chapter in
    35  accordance with section eleven hundred eleven-b  of  this  chapter,  and
    36  except  an  adjudication  in  accordance  with  section  eleven  hundred

    37  eleven-c of this chapter of a violation of a  bus  lane  restriction  as
    38  defined  in  such section, and except an adjudication of liability of an
    39  owner for a violation of toll collection regulations pursuant to section
    40  two thousand nine hundred eighty-five of the public authorities  law  or
    41  sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
    42  seventy-four of the laws of  nineteen  hundred  fifty,  there  shall  be
    43  levied  in addition to any sentence, penalty or other surcharge required
    44  or permitted by law, an additional surcharge  of  [twenty]  twenty-eight
    45  dollars.
    46    § 4. Paragraph a of subdivision 1 of section 1809-e of the vehicle and
    47  traffic  law, as amended by section 11-a of part II of chapter 59 of the
    48  laws of 2010, is amended to read as follows:
    49    a. Notwithstanding any other provision of law, whenever proceedings in

    50  a court or  an  administrative  tribunal  of  this  state  result  in  a
    51  conviction for an offense under this chapter, except a conviction pursu-
    52  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    53  fic  infraction  under  this chapter, or a local law, ordinance, rule or
    54  regulation adopted pursuant to this chapter, except a traffic infraction
    55  involving standing, stopping, or parking or violations by pedestrians or
    56  bicyclists, and except an adjudication of liability of an  owner  for  a

        S. 2605--D                          7                         A. 3005--D
 
     1  violation  of  subdivision  (d) of section eleven hundred eleven of this
     2  chapter in accordance with section eleven hundred eleven-a of this chap-
     3  ter, and except  an  adjudication  in  accordance  with  section  eleven

     4  hundred  eleven-c  of  this  chapter  of  a  violation  of  a  bus  lane
     5  restriction as defined in such section, and except  an  adjudication  of
     6  liability  of  an  owner  for a violation of toll collection regulations
     7  pursuant to section two thousand nine hundred eighty-five of the  public
     8  authorities  law or sections sixteen-a, sixteen-b and sixteen-c of chap-
     9  ter seven hundred seventy-four of the laws of  nineteen  hundred  fifty,
    10  there  shall  be  levied  in  addition to any sentence, penalty or other
    11  surcharge required or permitted  by  law,  an  additional  surcharge  of
    12  [twenty] twenty-eight dollars.
    13    § 5. Paragraph a of subdivision 1 of section 1809-e of the vehicle and
    14  traffic  law,  as  amended  by section 1 of part EE of chapter 56 of the
    15  laws of 2008, is amended to read as follows:

    16    a. Notwithstanding any other provision of law, whenever proceedings in
    17  a court or  an  administrative  tribunal  of  this  state  result  in  a
    18  conviction for an offense under this chapter, except a conviction pursu-
    19  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    20  fic  infraction  under  this chapter, or a local law, ordinance, rule or
    21  regulation adopted pursuant to this chapter, except a traffic infraction
    22  involving standing, stopping, or parking or violations by pedestrians or
    23  bicyclists, and except an adjudication of liability of an  owner  for  a
    24  violation  of  subdivision  (d) of section eleven hundred eleven of this
    25  chapter in accordance with section eleven hundred eleven-a of this chap-
    26  ter, and except an adjudication of liability of an owner for a violation
    27  of toll collection regulations pursuant to  section  two  thousand  nine

    28  hundred eighty-five of the public authorities law or sections sixteen-a,
    29  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
    30  laws of nineteen hundred fifty, there shall be levied in addition to any
    31  sentence, penalty or other surcharge required or permitted  by  law,  an
    32  additional surcharge of [twenty] twenty-eight dollars.
    33    §  6. Subdivision 2 of section 1809 of the vehicle and traffic law, as
    34  amended by section 1 of part I of chapter 59 of the  laws  of  2009,  is
    35  amended to read as follows:
    36    2.  Where  a person is convicted of two or more such crimes or traffic
    37  infractions committed through a single act or omission,  or  through  an
    38  act or omission which in itself constituted one of the crimes or traffic
    39  infractions  and  also was a material element of the other, the court or

    40  administrative tribunal shall impose a crime victim assistance fee and a
    41  mandatory surcharge mandated by subdivision one of this section for each
    42  such conviction; provided however, that in  no  event  shall  the  total
    43  amount  of  such  crime  victim assistance fees and mandatory surcharges
    44  imposed pursuant to paragraph (a) or (c)  of  subdivision  one  of  this
    45  section exceed one hundred [eighty] ninety-six dollars.
    46    §  7.  The  vehicle and traffic law is amended by adding a new section
    47  1809-aa to read as follows:
    48    §  1809-aa.  Mandatory  surcharge   required   for   certain   parking
    49  violations.  1.  Notwithstanding  any  other  provision of law, whenever
    50  proceedings  in  an  administrative  tribunal  or  court  result  in   a

    51  conviction for a violation of section twelve hundred, twelve hundred one
    52  or twelve hundred two of this chapter, there shall be levied a mandatory
    53  surcharge  in  addition to any other sentence, fine or penalty otherwise
    54  permitted or required, in the amount of twenty-five dollars.
    55    2. The mandatory surcharge provided for in  subdivision  one  of  this
    56  section shall be paid to the clerk of the court or administrative tribu-

        S. 2605--D                          8                         A. 3005--D
 
     1  nal that rendered the conviction. Within the first ten days of the month
     2  following collection of the surcharge the collecting authority shall pay
     3  such  money to the state comptroller who shall deposit such money in the

     4  state  treasury  pursuant to section one hundred twenty-one of the state
     5  finance law to the credit of the general fund.
     6    § 8. This act shall take effect on the one hundred twentieth day after
     7  it shall have become a law and shall apply to violations committed on or
     8  after such date, provided however, that:
     9    (a) the amendments to paragraph a of subdivision 1 of  section  1809-e
    10  of  the  vehicle and traffic law made by section three of this act shall
    11  be subject to the expiration and reversion of such paragraph, when  upon
    12  such date section four of this act shall take effect;
    13    (b)  the  amendments to paragraph a of subdivision 1 of section 1809-e
    14  of the vehicle and traffic law made by section four of this act shall be
    15  subject to the expiration and reversion of  such  paragraph,  when  upon
    16  such date section five of this act shall take effect; and

    17    (c) the amendments to subdivision 2 of section 1809 of the vehicle and
    18  traffic law made by section six of this act shall not affect the expira-
    19  tion of such subdivision and shall be deemed expired therewith.
 
    20                                   PART D
 
    21    Section  1. The executive law is amended by adding a new article 38 to
    22  read as follows:
    23                                 ARTICLE 38
    24                NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
    25  Section 850. Enactment of compact.
    26    § 850. Enactment of compact. The national crime prevention and privacy
    27  compact is hereby enacted into law  and  entered  into  with  all  other
    28  jurisdictions  legally  joining  therein  in  the  form substantially as
    29  follows:
    30    The Contracting Parties agree to the following:

    31                NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
    32  ARTICLE I.    Definitions.
    33  ARTICLE II.   Purposes.
    34  ARTICLE III.  Responsibilities of compact parties.
    35  ARTICLE IV.   Authorized record disclosures.
    36  ARTICLE V.    Record request procedures.
    37  ARTICLE VI.   Establishment of compact council.
    38  ARTICLE VII.  Ratification of compact.
    39  ARTICLE VIII. Miscellaneous provisions.
    40  ARTICLE IX.   Renunciation.
    41  ARTICLE X.    Severability.
    42  ARTICLE XI.   Adjudication of disputes.
 
    43                                  OVERVIEW
 
    44    (a) In general, this compact organizes an electronic information shar-
    45  ing system among the federal government and the states to exchange crim-

    46  inal history records for  noncriminal  justice  purposes  authorized  by
    47  federal or state law, such as background checks for governmental licens-
    48  ing and employment.
    49    (b) Under this compact, the FBI and the party states agree to maintain
    50  detailed databases of their respective criminal history records, includ-
    51  ing  arrests and dispositions, and to make them available to the federal
    52  government and to party states for authorized purposes.   The FBI  shall

        S. 2605--D                          9                         A. 3005--D
 
     1  also  manage the federal data facilities that provide a significant part
     2  of the infrastructure for the system.
 
     3                           ARTICLE I--DEFINITIONS
 

     4    As used in this compact:
     5    (a)  "Attorney  general"  means  the  attorney  general  of the United
     6  States.
     7    (b) "Compact officer" means:
     8    1. with respect to the federal government, an official  so  designated
     9  by the director of the FBI; and
    10    2.  with  respect  to  a  party  state, the chief administrator of the
    11  state's criminal history record repository or a designee  of  the  chief
    12  administrator who is a regular full-time employee of the repository.
    13    (c) "Council" means the compact council established under article VI.
    14    (d) "Criminal history records":
    15    1.  means  information collected by criminal justice agencies on indi-
    16  viduals  consisting  of  identifiable  descriptions  and  notations   of

    17  arrests,  detentions, indictments, or other formal criminal charges, and
    18  any disposition  arising  therefrom,  including  acquittal,  sentencing,
    19  correctional supervision, or release; and
    20    2.  does  not  include  identification information such as fingerprint
    21  records if such information does not indicate involvement of  the  indi-
    22  vidual with the criminal justice system.
    23    (e) "Criminal history record repository" means the state agency desig-
    24  nated  by  the  governor  or other appropriate executive official or the
    25  legislature of a state to perform  centralized  recordkeeping  functions
    26  for criminal history records and services in the state.
    27    (f)  "Criminal justice" includes activities relating to the detection,

    28  apprehension, detention, pretrial release,  post-trial  release,  prose-
    29  cution,  adjudication,  correctional  supervision,  or rehabilitation of
    30  accused persons or criminal offenders. The  administration  of  criminal
    31  justice  includes criminal identification activities and the collection,
    32  storage, and dissemination of criminal history records.
    33    (g) "Criminal justice agency":
    34    1. means:
    35    a. courts; and
    36    b. a governmental agency or any subunit thereof that:
    37    (i) performs the administration of  criminal  justice  pursuant  to  a
    38  statute or executive order; and
    39    (ii) allocates a substantial part of its annual budget to the adminis-
    40  tration of criminal justice; and

    41    2. includes federal and state inspectors general offices.
    42    (h)  "Criminal justice services" means services provided by the FBI to
    43  criminal justice agencies in response to a request for information about
    44  a particular individual  or  as  an  update  to  information  previously
    45  provided for criminal justice purposes.
    46    (i)  "Criterion  offense"  means any felony or misdemeanor offense not
    47  included on the list of nonserious offenses  published  periodically  by
    48  the FBI.
    49    (j)  "Direct access" means access to the national identification index
    50  by computer terminal or other automated means not requiring the  assist-
    51  ance of or intervention by any other party or agency.

    52    (k)  "Executive  order"  means an order of the president of the United
    53  States or the chief executive officer of a state that has the  force  of
    54  law and that is promulgated in accordance with applicable law.

        S. 2605--D                         10                         A. 3005--D
 
     1    (l) "FBI" means the Federal Bureau of Investigation.
     2    (m) "Interstate identification index system" or "III system":
     3    1.  means  the  cooperative  federal-state  system for the exchange of
     4  criminal history records; and
     5    2. includes the national identification index,  the  national  finger-
     6  print file and, to the extent of their participation in such system, the
     7  criminal history record repositories of the states and the FBI.

     8    (n)  "National  fingerprint file" means a database of fingerprints, or
     9  other uniquely personal identifying information, relating to an arrested
    10  or charged individual maintained by the FBI to  provide  positive  iden-
    11  tification of record subjects indexed in the III system.
    12    (o)  "National  identification index" means an index maintained by the
    13  FBI consisting of names,  identifying  numbers,  and  other  descriptive
    14  information  relating  to  record subjects about whom there are criminal
    15  history records in the III system.
    16    (p) "National indices" means the national identification index and the
    17  national fingerprint file.
    18    (q) "Nonparty state" means a state that has not ratified this compact.

    19    (r) "Noncriminal justice purposes"  means  uses  of  criminal  history
    20  records  for  purposes  authorized  by  federal  or state law other than
    21  purposes relating to criminal justice activities,  including  employment
    22  suitability,  licensing  determinations,  immigration and naturalization
    23  matters, and national security clearances.
    24    (s) "Party state" means a state that has ratified this compact.
    25    (t) "Positive identification" means  a  determination,  based  upon  a
    26  comparison of fingerprints or other equally reliable biometric identifi-
    27  cation  techniques,  that  the  subject  of  a record search is the same
    28  person as the subject of a criminal history record or records indexed in

    29  the III system.  Identifications  based  solely  upon  a  comparison  of
    30  subjects'  names  or  other  nonunique identification characteristics or
    31  numbers, or combinations thereof, shall not  constitute  positive  iden-
    32  tification.
    33    (u) "Sealed record information" means:
    34    1. with respect to adults, that portion of a record that is:
    35    a. not available for criminal justice uses;
    36    b.  not  supported by fingerprints or other accepted means of positive
    37  identification; or
    38    c. subject to restrictions on dissemination  for  noncriminal  justice
    39  purposes  pursuant  to  a court order related to a particular subject or
    40  pursuant to a federal or state statute that requires action on a sealing

    41  petition filed by a particular record subject; and
    42    2. with respect to juveniles, whatever  each  state  determines  is  a
    43  sealed record under its own law and procedure.
    44    (v)  "State"  means  any state, territory, or possession of the United
    45  States, the district of Columbia, and the commonwealth of Puerto Rico.
 
    46                            ARTICLE II--PURPOSES
 
    47    The purposes of this compact are to:
    48    (a) provide a legal framework for the establishment of  a  cooperative
    49  federal-state  system  for  the interstate and federal-state exchange of
    50  criminal history records for noncriminal justice uses;
    51    (b) require the FBI to permit use of the national identification index

    52  and the national fingerprint file by each party state, and  to  provide,
    53  in  a  timely  fashion,  federal  and  state criminal history records to
    54  requesting states, in accordance with the terms of this compact and with

        S. 2605--D                         11                         A. 3005--D
 
     1  rules, procedures, and standards established by the council under  arti-
     2  cle VI;
     3    (c)  require  party  states to provide information and records for the
     4  national identification index and the national fingerprint file  and  to
     5  provide  criminal  history  records,  in  a  timely fashion, to criminal
     6  history record repositories of other states and the  federal  government

     7  for  noncriminal  justice purposes, in accordance with the terms of this
     8  compact and with rules, procedures, and  standards  established  by  the
     9  council under article VI;
    10    (d)  provide  for the establishment of a council to monitor III system
    11  operations and to prescribe system rules and procedures for  the  effec-
    12  tive  and  proper  operation  of  the III system for noncriminal justice
    13  purposes; and
    14    (e) require the FBI and each party state to adhere to III system stan-
    15  dards concerning record dissemination and use,  response  times,  system
    16  security,  data quality, and other duly established standards, including
    17  those that enhance the accuracy and privacy of such records.
 

    18              ARTICLE III--RESPONSIBILITIES OF COMPACT PARTIES
 
    19    (a) The director of the FBI shall:
    20    1. appoint an FBI compact officer who shall:
    21    a. administer this compact within the department of justice and  among
    22  federal agencies and other agencies and organizations that submit search
    23  requests to the FBI pursuant to subdivision (c) of article V;
    24    b. ensure that compact provisions and rules, procedures, and standards
    25  prescribed  by  the  council  under  article VI are complied with by the
    26  department of justice and the federal agencies and  other  agencies  and
    27  organizations  referred  to  in  subparagraph a of paragraph one of this
    28  subdivision; and

    29    c. regulate the use of records received by means  of  the  III  system
    30  from  party states when such records are supplied by the FBI directly to
    31  other federal agencies;
    32    2. provide to federal agencies and to state  criminal  history  record
    33  repositories,  criminal  history  records maintained in its database for
    34  the noncriminal justice purposes described in article IV, including:
    35    a. information from nonparty states; and
    36    b. information from party  states  that  is  available  from  the  FBI
    37  through  the  III  system,  but  is  not  available from the party state
    38  through the III system;
    39    c. provide  a  telecommunications  network  and  maintain  centralized

    40  facilities  for the exchange of criminal history records for both crimi-
    41  nal justice purposes and the noncriminal justice purposes  described  in
    42  article  IV,  and  ensure that the exchange of such records for criminal
    43  justice purposes has priority  over  exchange  for  noncriminal  justice
    44  purposes; and
    45    d.  modify  or enter into user agreements with nonparty state criminal
    46  history record repositories to require them to establish record  request
    47  procedures conforming to those prescribed in article V.
    48    (b) Each party state shall:
    49    1. appoint a compact officer who shall:
    50    a. administer this compact within that state;
    51    b. ensure that compact provisions and rules, procedures, and standards

    52  established  by  the  council  under article VI are complied with in the
    53  state; and

        S. 2605--D                         12                         A. 3005--D
 
     1    c. regulate the in-state use of records received by means of  the  III
     2  system from the FBI or from other party states;
     3    2.  establish and maintain a criminal history record repository, which
     4  shall provide:
     5    a. information and records for the national identification  index  and
     6  the national fingerprint file; and
     7    b.  the  state's  III  system-indexed  criminal  history  records  for
     8  noncriminal justice purposes described in article IV; and
     9    c. participate in the national fingerprint file; and

    10    d. provide and maintain telecommunications links and related equipment
    11  necessary to support the services set forth in this compact.
    12    (c) Compliance with III system  standards.    In  carrying  out  their
    13  responsibilities  under this compact, the FBI and each party state shall
    14  comply with III system rules, procedures, and standards duly established
    15  by the council concerning record dissemination and use, response  times,
    16  data  quality,  system security, accuracy, privacy protection, and other
    17  aspects of III system operation.
    18    (d) 1. Use of the III system for noncriminal justice purposes  author-
    19  ized in this compact shall be managed so as not to diminish the level of
    20  services provided in support of criminal justice purposes.

    21    2.  Administration of compact provisions shall not reduce the level of
    22  service available to authorized noncriminal justice users on the  effec-
    23  tive date of this compact.
 
    24                  ARTICLE IV--AUTHORIZED RECORD DISCLOSURES
 
    25    (a) State criminal history record repositories.  To the extent author-
    26  ized  by  section  five  hundred fifty-two-a of title five of the United
    27  States code, (commonly known as the "Privacy  Act  of  1974"),  the  FBI
    28  shall  provide  on  request  criminal  history records (excluding sealed
    29  records) to state criminal history record repositories  for  noncriminal
    30  justice purposes allowed by federal statute, federal executive order, or
    31  a  state statute that has been approved by the attorney general and that

    32  authorizes national indices checks.
    33    (b) The FBI, to the extent authorized by section five  hundred  fifty-
    34  two-a  of  title  five of the United States code, (commonly known as the
    35  "Privacy Act of 1974"), and state criminal history  record  repositories
    36  shall  provide  criminal  history  records (excluding sealed records) to
    37  criminal justice agencies  and  other  governmental  or  nongovernmental
    38  agencies  for  noncriminal  justice purposes allowed by federal statute,
    39  federal executive order, or a state statute that has  been  approved  by
    40  the attorney general, that authorizes national indices checks.
    41    (c)  Any  record  obtained under this compact may be used only for the
    42  official purposes for which the record was requested. Each compact offi-

    43  cer shall establish procedures, consistent with this compact,  and  with
    44  rules,  procedures, and standards established by the council under arti-
    45  cle VI, which procedures shall protect the accuracy and privacy  of  the
    46  records, and shall:
    47    1.  ensure  that  records obtained under this compact are used only by
    48  authorized officials for authorized purposes;
    49    2. require that subsequent  record  checks  are  requested  to  obtain
    50  current information whenever a new need arises; and
    51    3.  ensure  that  record  entries  that  may not legally be used for a
    52  particular noncriminal justice purpose are  deleted  from  the  response
    53  and,  if  no  information authorized for release remains, an appropriate

    54  "no record" response is communicated to the requesting official.

        S. 2605--D                         13                         A. 3005--D
 
     1                    ARTICLE V--RECORD REQUEST PROCEDURES
 
     2    (a) Subject fingerprints or other approved forms of positive identifi-
     3  cation  shall be submitted with all requests for criminal history record
     4  checks for noncriminal justice purposes.
     5    (b) Each request for a criminal history  record  check  utilizing  the
     6  national  indices made under any approved state statute shall be submit-
     7  ted through that state's criminal history  record  repository.  A  state
     8  criminal  history  record repository shall process an interstate request

     9  for noncriminal justice purposes through the national  indices  only  if
    10  such  request  is  transmitted  through  another  state criminal history
    11  record repository or the FBI.
    12    (c) Each request for criminal  history  record  checks  utilizing  the
    13  national indices made under federal authority shall be submitted through
    14  the  FBI or, if the state criminal history record repository consents to
    15  process fingerprint submissions, through  the  criminal  history  record
    16  repository  in the state in which such request originated. Direct access
    17  to the national identification index by entities other than the FBI  and
    18  state  criminal  history records repositories shall not be permitted for
    19  noncriminal justice purposes.

    20    (d) A state criminal history record repository or the FBI:
    21    1. may charge a fee, in accordance with applicable law, for handling a
    22  request  involving  fingerprint  processing  for   noncriminal   justice
    23  purposes; and
    24    2.  may  not  charge  a  fee for providing criminal history records in
    25  response to an electronic request for a record that does not  involve  a
    26  request to process fingerprints.
    27    (e) 1. If a state criminal history record repository cannot positively
    28  identify  the  subject  of a record request made for noncriminal justice
    29  purposes, the request, together  with  fingerprints  or  other  approved
    30  identifying  information,  shall be forwarded to the FBI for a search of
    31  the national indices.

    32    2. If, with respect to a request forwarded by a state criminal history
    33  record repository under paragraph one of this subdivision, the FBI posi-
    34  tively identifies the subject as having a III system-indexed  record  or
    35  records:
    36    a. the FBI shall so advise the state criminal history record reposito-
    37  ry; and
    38    b.  the  state criminal history record repository shall be entitled to
    39  obtain the additional criminal history record information from  the  FBI
    40  or other state criminal history record repositories.
 
    41                ARTICLE VI--ESTABLISHMENT OF COMPACT COUNCIL
 
    42    (a)  1.  In general, there is established a council to be known as the
    43  "compact council", which shall have the authority  to  promulgate  rules

    44  and  procedures  governing  the  use  of  the III system for noncriminal
    45  justice purposes, not to conflict with FBI  administration  of  the  III
    46  system for criminal justice purposes.
    47    2. The council shall:
    48    a. continue in existence as long as this compact remains in effect;
    49    b. be located, for administrative purposes, within the FBI; and
    50    c.  be  organized  and  hold  its first meeting as soon as practicable
    51  after the effective date of this compact.
    52    (b) The council shall be composed of fifteen  members,  each  of  whom
    53  shall be appointed by the attorney general, as follows:

        S. 2605--D                         14                         A. 3005--D
 

     1    1.  Nine  members, each of whom shall serve a two-year term, who shall
     2  be selected from among the compact officers of party states based on the
     3  recommendation of the compact officers of all party states, except that,
     4  in the absence of the requisite number of compact officers available  to
     5  serve, the chief administrators of the criminal history record reposito-
     6  ries of nonparty states shall be eligible to serve on an interim basis.
     7    2. Two at-large members, nominated by the director of the FBI, each of
     8  whom shall serve a three-year term, of whom:
     9    a.  one  shall be a representative of the criminal justice agencies of
    10  the federal government and may not be an employee of the FBI; and

    11    b. one shall be a representative of the noncriminal  justice  agencies
    12  of the federal government.
    13    3.  Two  at-large  members,  nominated by the chairman of the council,
    14  once the chairman is elected pursuant to subdivision (c) of  this  arti-
    15  cle, each of whom shall serve a three-year term, of whom:
    16    a.  one  shall  be a representative of state or local criminal justice
    17  agencies; and
    18    b. one shall be a representative of state or local noncriminal justice
    19  agencies.
    20    4. One member, who shall serve a three-year term, and who shall simul-
    21  taneously be a member of the FBI's advisory  policy  board  on  criminal
    22  justice information services, nominated by the membership of that policy
    23  board.

    24    5. One member, nominated by the director of the FBI, who shall serve a
    25  three-year term, and who shall be an employee of the FBI.
    26    (c)  1.  In  general,  from  its membership, the council shall elect a
    27  chairman and a vice chairman of  the  council,  respectively.  Both  the
    28  chairman and vice chairman of the council:
    29    a.  shall  be a compact officer, unless there is no compact officer on
    30  the council who is willing to serve, in which case the chairman  may  be
    31  an at-large member; and
    32    b.  shall serve a two-year term and may be reelected to only one addi-
    33  tional two-year term.
    34    2.  The vice chairman of the council shall serve as  the  chairman  of
    35  the council in the absence of the chairman.

    36    (d)  1.  In general, the council shall meet at least once each year at
    37  the call of the chairman. Each meeting of the council shall be  open  to
    38  the public. The council shall provide prior public notice in the federal
    39  register  of  each  meeting  of the council, including the matters to be
    40  addressed at such meeting.
    41    2.  A majority of the council or any committee of  the  council  shall
    42  constitute  a  quorum of the council or of such committee, respectively,
    43  for the conduct of business. A lesser number may meet to hold  hearings,
    44  take testimony, or conduct any business not requiring a vote.
    45    (e) The council shall make available for public inspection and copying
    46  at  the  council office within the FBI, and shall publish in the federal

    47  register, any rules, procedures, or standards established by  the  coun-
    48  cil.
    49    (f)  The  council  may  request  from  the  FBI such reports, studies,
    50  statistics, or other information or materials as the council  determines
    51  to  be  necessary to enable the council to perform its duties under this
    52  compact. The FBI, to the extent authorized  by  law,  may  provide  such
    53  assistance or information upon such a request.
    54    (g)  The  chairman  may establish committees as necessary to carry out
    55  this compact and may prescribe their membership,  responsibilities,  and
    56  duration.

        S. 2605--D                         15                         A. 3005--D
 
     1                    ARTICLE VII--RATIFICATION OF COMPACT
 

     2    This  compact shall take effect upon being entered into by two or more
     3  states as between those states and the federal government.  Upon  subse-
     4  quent  entering  into this compact by additional states, it shall become
     5  effective among those states and the federal government and  each  party
     6  state that has previously ratified it. When ratified, this compact shall
     7  have  the  full  force  and effect of law within the ratifying jurisdic-
     8  tions. The form of ratification shall be in accordance with the laws  of
     9  the executing state.
 
    10                   ARTICLE VIII--MISCELLANEOUS PROVISIONS
 
    11    (a)  Administration  of  this  compact  shall  not  interfere with the
    12  management and control of  the  director  of  the  FBI  over  the  FBI's

    13  collection  and  dissemination of criminal history records and the advi-
    14  sory function of the FBI's advisory policy  board  chartered  under  the
    15  federal  advisory  committee  act (5 U.S.C. App.) for all purposes other
    16  than noncriminal justice.
    17    (b) Nothing in this compact shall  require  the  FBI  to  obligate  or
    18  expend funds beyond those appropriated to the FBI.
    19    (c)  Nothing in this compact shall diminish or lessen the obligations,
    20  responsibilities, and authorities of any state, whether a party state or
    21  a nonparty state, or of any criminal history record repository or  other
    22  subdivision  or  component  thereof,  under  the  departments  of state,
    23  justice, and commerce, the judiciary, and related agencies appropriation

    24  act, 1973 (Public Law 92-544), or regulations and guidelines promulgated
    25  thereunder, including the rules and procedures promulgated by the  coun-
    26  cil  under  subdivision (a) of article VI, regarding the use and dissem-
    27  ination of criminal history records and information.
 
    28                          ARTICLE IX--RENUNCIATION
 
    29    (a) In general,  this  compact  shall  bind  each  party  state  until
    30  renounced by the party state.
    31    (b) Any renunciation of this compact by a party state shall:
    32    1.  be  effected  in the same manner by which the party state ratified
    33  this compact; and
    34    2. become effective one hundred eighty days after  written  notice  of
    35  renunciation  is  provided  by the party state to each other party state

    36  and to the federal government.
 
    37                           ARTICLE X--SEVERABILITY
 
    38    The provisions of this compact shall be severable, and if any  phrase,
    39  clause, sentence, or provision of this compact is declared to be contra-
    40  ry  to  the constitution of any participating state, or to the constitu-
    41  tion of the United States, or the applicability thereof to  any  govern-
    42  ment,  agency,  person, or circumstance is held invalid, the validity of
    43  the remainder of this compact  and  the  applicability  thereof  to  any
    44  government, agency, person, or circumstance shall not be affected there-
    45  by. If a portion of this compact is held contrary to the constitution of
    46  any party state, all other portions of this compact shall remain in full

    47  force  and effect as to the remaining party states and in full force and
    48  effect as to the party state affected, as to all other provisions.

        S. 2605--D                         16                         A. 3005--D
 
     1                    ARTICLE XI--ADJUDICATION OF DISPUTES
 
     2    (a) The council shall:
     3    1.  have  initial authority to make determinations with respect to any
     4  dispute regarding:
     5    a. interpretation of this compact;
     6    b. any rule or standard established by the council pursuant to article
     7  VI; and
     8    c. any dispute or controversy between any parties to this compact; and
     9    2. hold a hearing concerning any dispute described in paragraph one of

    10  this subdivision at a regularly scheduled meeting  of  the  council  and
    11  only  render a decision based upon a majority vote of the members of the
    12  council.  Such decision shall be published pursuant to the  requirements
    13  of subdivision (e) of article VI.
    14    (b)  The FBI shall exercise immediate and necessary action to preserve
    15  the integrity of the III system, maintain system policy  and  standards,
    16  protect  the  accuracy  and  privacy  of records, and to prevent abuses,
    17  until the council holds a hearing on such matters.
    18    (c) The FBI or a party state may appeal any decision of the council to
    19  the attorney general, and thereafter may file suit  in  the  appropriate
    20  district court of the United States, which shall have original jurisdic-

    21  tion of all cases or controversies arising under this compact.  Any suit
    22  arising  under  this  compact  and  initiated  in a state court shall be
    23  removed to the appropriate district court of the United  States  in  the
    24  manner  provided  by section fourteen hundred forty-six of title twenty-
    25  eight of the United States code, or other statutory authority.
    26    § 2. This act shall take effect immediately.
 
    27                                   PART E
 
    28    Section 1. Section 2 of chapter 887 of the laws of 1983, amending  the
    29  correction  law  relating to the psychological testing of candidates, as
    30  amended by section 1 of part A of chapter 57 of the  laws  of  2011,  is
    31  amended to read as follows:
    32    § 2. This act shall take effect on the one hundred eightieth day after

    33  it shall have become a law and shall remain in effect until September 1,
    34  [2013] 2015.
    35    § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
    36  tive  law  and  the  criminal  procedure  law  relating to expanding the
    37  geographic area of employment of certain police officers, as amended  by
    38  section  2  of  part  A of chapter 57 of the laws of 2011, is amended to
    39  read as follows:
    40    § 3. This act shall take effect on the  first  day  of  November  next
    41  succeeding  the  date  on  which  it  shall have become a law, and shall
    42  remain in effect until the first day of September, [2013] 2015, when  it
    43  shall expire and be deemed repealed.
    44    §  3.  Section  3  of  chapter  886  of the laws of 1972, amending the
    45  correction law and the penal  law  relating  to  prisoner  furloughs  in

    46  certain  cases  and  the  crime  of  absconding therefrom, as amended by
    47  section 3 of part A of chapter 57 of the laws of  2011,  is  amended  to
    48  read as follows:
    49    §  3.  This act shall take effect 60 days after it shall have become a
    50  law and shall remain in effect until September 1, [2013] 2015.
    51    § 4. Section 20 of chapter 261 of the laws of 1987, amending  chapters
    52  50, 53 and 54 of the laws of 1987, the correction law, the penal law and
    53  other  chapters and laws relating to correctional facilities, as amended

        S. 2605--D                         17                         A. 3005--D
 
     1  by section 4 of part A of chapter 57 of the laws of 2011, is amended  to
     2  read as follows:
     3    § 20. This act shall take effect immediately except that section thir-

     4  teen  of  this  act shall expire and be of no further force or effect on
     5  and after September 1, [2013]  2015  and  shall  not  apply  to  persons
     6  committed to the custody of the department after such date, and provided
     7  further that the commissioner of correctional services shall report each
     8  January  first and July first during such time as the earned eligibility
     9  program is in effect, to the chairmen of the senate crime victims, crime
    10  and correction committee,  the  senate  codes  committee,  the  assembly
    11  correction committee, and the assembly codes committee, the standards in
    12  effect  for  earned  eligibility  during the prior six-month period, the
    13  number of inmates subject to the provisions of earned  eligibility,  the
    14  number  who  actually received certificates of earned eligibility during
    15  that period of time, the number of inmates  with  certificates  who  are

    16  granted  parole  upon  their  first consideration for parole, the number
    17  with certificates who are denied parole upon their first  consideration,
    18  and the number of individuals granted and denied parole who did not have
    19  earned eligibility certificates.
    20    § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
    21  amending  the tax law and other laws relating to taxes, surcharges, fees
    22  and funding, as amended by section 5 of part A of chapter 57 of the laws
    23  of 2011, is amended to read as follows:
    24    (q) the provisions of section two  hundred  eighty-four  of  this  act
    25  shall  remain in effect until September 1, [2013] 2015 and be applicable
    26  to all persons entering the program on or before August 31, [2013] 2015.
    27    § 6. Section 10 of chapter 339 of  the  laws  of  1972,  amending  the

    28  correction  law  and  the  penal  law  relating  to inmate work release,
    29  furlough and leave, as amended by section 6 of part A of chapter  57  of
    30  the laws of 2011, is amended to read as follows:
    31    §  10. This act shall take effect 30 days after it shall have become a
    32  law and shall remain in effect  until  September  1,  [2013]  2015,  and
    33  provided  further  that  the commissioner of correctional services shall
    34  report each January first, and July first, to the chairman of the senate
    35  crime victims, crime and correction committee, the senate codes  commit-
    36  tee,  the  assembly correction committee, and the assembly codes commit-
    37  tee, the number of eligible inmates in each facility under  the  custody
    38  and  control  of  the commissioner who have applied for participation in
    39  any program offered under the provisions of work release,  furlough,  or

    40  leave, and the number of such inmates who have been approved for partic-
    41  ipation.
    42    §  7.  Subdivision (c) of section 46 of chapter 60 of the laws of 1994
    43  relating to certain provisions which impact upon expenditure of  certain
    44  appropriations made by chapter 50 of the laws of 1994 enacting the state
    45  operations  budget,  as  amended by section 7 of part A of chapter 57 of
    46  the laws of 2011, is amended to read as follows:
    47    (c) sections forty-one and forty-two of this act shall expire  Septem-
    48  ber  1,  [2013] 2015; provided, that the provisions of section forty-two
    49  of this act shall apply to inmates entering the work release program  on
    50  or after such effective date; and
    51    §  8.    Subdivision h of section 74 of chapter 3 of the laws of 1995,
    52  amending the correction law and other laws relating to the incarceration

    53  fee, as amended by section 9 of part A of chapter  57  of  the  laws  of
    54  2011, is amended to read as follows:
    55    h.  Section fifty-two of this act shall be deemed to have been in full
    56  force and effect on and after April 1, 1995; provided, however, that the

        S. 2605--D                         18                         A. 3005--D
 
     1  provisions of section 189 of the correction law, as amended  by  section
     2  fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
     3  as  amended by section fifty-six of this act, and section fifty-seven of
     4  this  act shall expire September 1, [2013] 2015, when upon such date the
     5  amendments to the correction law and penal law made by  sections  fifty-
     6  five  and  fifty-six  of  this act shall revert to and be read as if the

     7  provisions of this act had not been  enacted;  provided,  however,  that
     8  sections  sixty-two,  sixty-three  and  sixty-four  of this act shall be
     9  deemed to have been in full force and effect on and after March 1,  1995
    10  and  shall  be  deemed  repealed  April  1,  1996 and upon such date the
    11  provisions of subsection (e) of section 9110 of the  insurance  law  and
    12  subdivision  2  of section 89-d of the state finance law shall revert to
    13  and be read as set out in law on  the  date  immediately  preceding  the
    14  effective date of sections sixty-two and sixty-three of this act;
    15    §  9.  Subdivision (c) of section 49 of subpart A of part C of chapter
    16  62 of the laws of 2011 amending the correction  law  and  the  executive
    17  law,  relating  to  merging  the department of correctional services and
    18  division of parole into the  department  of  corrections  and  community

    19  supervision, is amended to read as follows:
    20    (c)  that  the  amendments  to  subdivision  9  of  section 201 of the
    21  correction law as added by section thirty-two of this act  shall  remain
    22  in  effect  until  September 1, [2013] 2015, when it shall expire and be
    23  deemed repealed;
    24    § 10. Subdivision (aa) of section 427 of chapter 55  of  the  laws  of
    25  1992, amending the tax law and other laws relating to taxes, surcharges,
    26  fees  and  funding,  as amended by section 11 of part A of chapter 57 of
    27  the laws of 2011, is amended to read as follows:
    28    (aa) the  provisions  of  sections  three  hundred  eighty-two,  three
    29  hundred  eighty-three  and  three  hundred eighty-four of this act shall
    30  expire on September 1, [2013] 2015;
    31    § 11. Section 12 of chapter 907 of the  laws  of  1984,  amending  the

    32  correction  law,  the New York city criminal court act and the executive
    33  law relating to prison and jail housing and  alternatives  to  detention
    34  and  incarceration programs, as amended by section 12 of part A of chap-
    35  ter 57 of the laws of 2011, is amended to read as follows:
    36    § 12.  This  act  shall  take  effect  immediately,  except  that  the
    37  provisions  of sections one through ten of this act shall remain in full
    38  force and effect until September 1, [2013]  2015  on  which  date  those
    39  provisions shall be deemed to be repealed.
    40    §  12.    Subdivision (p) of section 406 of chapter 166 of the laws of
    41  1991, amending the tax law and other laws relating to taxes, as  amended
    42  by section 13 of part A of chapter 57 of the laws of 2011, is amended to
    43  read as follows:
    44    (p) The amendments to section 1809 of the vehicle and traffic law made

    45  by sections three hundred thirty-seven and three hundred thirty-eight of
    46  this  act  shall not apply to any offense committed prior to such effec-
    47  tive date; provided, further, that section three  hundred  forty-one  of
    48  this act shall take effect immediately and shall expire November 1, 1993
    49  at  which  time  it  shall  be  deemed  repealed; sections three hundred
    50  forty-five and three hundred forty-six of this  act  shall  take  effect
    51  July  1,  1991;  sections three hundred fifty-five, three hundred fifty-
    52  six, three hundred fifty-seven and three hundred fifty-nine of this  act
    53  shall  take  effect immediately and shall expire June 30, 1995 and shall
    54  revert to and be read as if this act had not been enacted; section three
    55  hundred fifty-eight of this act shall take effect immediately and  shall
    56  expire  June 30, 1998 and shall revert to and be read as if this act had

        S. 2605--D                         19                         A. 3005--D
 
     1  not been enacted; section three hundred sixty-four through three hundred
     2  sixty-seven of this act shall apply to claims filed  on  or  after  such
     3  effective  date; sections three hundred sixty-nine, three hundred seven-
     4  ty-two,  three  hundred seventy-three, three hundred seventy-four, three
     5  hundred seventy-five and three hundred seventy-six  of  this  act  shall
     6  remain  in  effect  until  September  1, [2013] 2015, at which time they
     7  shall  be  deemed  repealed;  provided,  however,  that  the   mandatory
     8  surcharge  provided  in  section  three hundred seventy-four of this act
     9  shall apply to parking violations occurring on or after  said  effective
    10  date;  and  provided  further that the amendments made to section 235 of

    11  the vehicle and traffic law by section three hundred seventy-two of this
    12  act, the amendments made to section 1809 of the vehicle and traffic  law
    13  by sections three hundred thirty-seven and three hundred thirty-eight of
    14  this  act  and  the amendments made to section 215-a of the labor law by
    15  section three hundred seventy-five of this act shall expire on September
    16  1, [2013] 2015 and upon such date the provisions  of  such  subdivisions
    17  and  sections  shall  revert to and be read as if the provisions of this
    18  act had not been enacted; the amendments to  subdivisions  2  and  3  of
    19  section  400.05 of the penal law made by sections three hundred seventy-
    20  seven and three hundred seventy-eight of this act shall expire  on  July
    21  1,  1992  and  upon  such date the provisions of such subdivisions shall
    22  revert and shall be read as if the provisions of this act had  not  been

    23  enacted;  the  state board of law examiners shall take such action as is
    24  necessary to assure that all applicants for examination for admission to
    25  practice as an attorney and counsellor at law shall  pay  the  increased
    26  examination fee provided for by the amendment made to section 465 of the
    27  judiciary  law by section three hundred eighty of this act for any exam-
    28  ination given on or after the effective date of this act notwithstanding
    29  that an applicant for such examination may have prepaid a lesser fee for
    30  such examination as required by the provisions of such section 465 as of
    31  the date prior to the effective date of  this  act;  the  provisions  of
    32  section  306-a  of  the civil practice law and rules as added by section
    33  three hundred eighty-one of this act shall apply to all actions  pending
    34  on  or  commenced on or after September 1, 1991, provided, however, that

    35  for the purposes of this section service of such summons made  prior  to
    36  such  date  shall be deemed to have been completed on September 1, 1991;
    37  the provisions of section three hundred eighty-three of this  act  shall
    38  apply  to  all  money  deposited  in  connection  with  a cash bail or a
    39  partially secured bail bond on or after such  effective  date;  and  the
    40  provisions  of  sections  three  hundred  eighty-four  and three hundred
    41  eighty-five of this act shall  apply  only  to  jury  service  commenced
    42  during  a judicial term beginning on or after the effective date of this
    43  act; provided, however, that nothing contained herein shall be deemed to
    44  affect the application,  qualification,  expiration  or  repeal  of  any
    45  provision  of law amended by any section of this act and such provisions
    46  shall be applied or qualified or shall expire or be deemed  repealed  in

    47  the same manner, to the same extent and on the same date as the case may
    48  be as otherwise provided by law;
    49    § 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
    50  amended  by  section  14 of part A of chapter 57 of the laws of 2011, is
    51  amended to read as follows:
    52    8. The provisions of this section shall only apply to offenses commit-
    53  ted on or before September first, two thousand [thirteen] fifteen.
    54    § 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
    55  cle and traffic law relating to the ignition interlock  device  program,

        S. 2605--D                         20                         A. 3005--D
 
     1  as amended by section 15 of part A of chapter 57 of the laws of 2011, is
     2  amended to read as follows:

     3    §  6.  This  act  shall  take  effect  on  the first day of April next
     4  succeeding the date on which it  shall  have  become  a  law;  provided,
     5  however,  that  effective immediately, the addition, amendment or repeal
     6  of any rule or regulation necessary for the implementation of the  fore-
     7  going  sections  of  this  act on their effective date is authorized and
     8  directed to be made and completed on or before such effective  date  and
     9  shall  remain in full force and effect until the first day of September,
    10  [2013] 2015 when upon such date the provisions  of  this  act  shall  be
    11  deemed repealed.
    12    § 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
    13  laws of 1997, amending the military law and other laws relating to vari-
    14  ous  provisions, as amended by section 16 of part A of chapter 57 of the

    15  laws of 2011, is amended to read as follows:
    16    a. sections forty-three through forty-five of this  act  shall  expire
    17  and be deemed repealed on September 1, [2013] 2015;
    18    § 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
    19  the civil practice law and rules and the court of claims act relating to
    20  prisoner  litigation reform, as amended by section 17 of part A of chap-
    21  ter 57 of the laws of 2011, is amended to read as follows:
    22    § 4. This act shall take effect 120 days after it shall have become  a
    23  law  and shall remain in full force and effect until September 1, [2013]
    24  2015, when upon such date it shall expire.
    25    § 17. Subdivision 2 of section 59 of chapter 222 of the laws of  1994,
    26  constituting  the  family  protection and domestic violence intervention

    27  act of 1994, as amended by section 18 of part A of  chapter  57  of  the
    28  laws of 2011, is amended to read as follows:
    29    2.  Subdivision  4  of section 140.10 of the criminal procedure law as
    30  added by section thirty-two of this act shall  take  effect  January  1,
    31  1996  and  shall  expire  and  be deemed repealed on September 1, [2013]
    32  2015.
    33    § 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
    34  inal procedure law relating to the use of closed-circuit television  and
    35  other  protective  measures  for  certain child witnesses, as amended by
    36  section 19 of part A of chapter 57 of the laws of 2011,  is  amended  to
    37  read as follows:
    38    §  5.  This  act  shall take effect immediately and shall apply to all
    39  criminal actions and proceedings commenced prior to the  effective  date

    40  of  this  act  but  still  pending  on such date as well as all criminal
    41  actions and proceedings commenced on or after such  effective  date  and
    42  its provisions shall expire on  September 1, [2013] 2015, when upon such
    43  date the provisions of this act shall be deemed repealed.
    44    §  19.  Subdivision  d of section 74 of chapter 3 of the laws of 1995,
    45  enacting the sentencing reform act of 1995, as amended by section 20  of
    46  part A of chapter 57 of the laws of 2011, is amended to read as follows:
    47    d.  Sections  one-a  through twenty, twenty-four through twenty-eight,
    48  thirty through thirty-nine, forty-two and forty-four of this  act  shall
    49  be deemed repealed on September 1, [2013] 2015;
    50    § 20. Section 2 of chapter 689 of the laws of 1993 amending the crimi-
    51  nal  procedure  law  relating  to electronic court appearance in certain

    52  counties, as amended by section 21 of part A of chapter 57 of  the  laws
    53  of 2011, is amended to read as follows:
    54    §  2.  This  act  shall  take  effect  immediately,  except  that  the
    55  provisions of this act shall be deemed to have been in  full  force  and
    56  effect  since  July  1, 1992 and the provisions of this act shall expire

        S. 2605--D                         21                         A. 3005--D
 
     1  September 1, [2013] 2015 when upon such date the provisions of this  act
     2  shall be deemed repealed.
     3    § 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
     4  utive law relating to enacting the interstate compact for adult offender
     5  supervision,  as  amended  by  section 22 of part A of chapter 57 of the
     6  laws of 2011, is amended to read as follows:

     7    § 3. This act shall take effect immediately, except that  section  one
     8  of  this  act  shall take effect on the first of January next succeeding
     9  the date on which it shall have become a law, and shall remain in effect
    10  until the first of September, [2013] 2015,  upon  which  date  this  act
    11  shall  be deemed repealed and have no further force and effect; provided
    12  that section one of this act shall only take effect with respect to  any
    13  compacting  state  which  has  enacted  an  interstate  compact entitled
    14  "Interstate compact for adult offender supervision" and having an  iden-
    15  tical  effect  to  that  added  by  section one of this act and provided
    16  further that with respect to any such compacting state, upon the  effec-
    17  tive date of section one of this act, section 259-m of the executive law

    18  is  hereby  deemed  REPEALED and section 259-mm of the executive law, as
    19  added by section one of  this  act,  shall  take  effect;  and  provided
    20  further  that  with respect to any state which has not enacted an inter-
    21  state compact entitled "Interstate compact  for  adult  offender  super-
    22  vision"  and  having an identical effect to that added by section one of
    23  this act, section 259-m of the executive law shall take effect  and  the
    24  provisions  of  section one of this act, with respect to any such state,
    25  shall have no force or effect until such time as such state shall  adopt
    26  an  interstate  compact  entitled "Interstate compact for adult offender
    27  supervision" and having an identical effect to that added by section one
    28  of this act in which case, with respect to such state,  effective  imme-
    29  diately,  section  259-m  of  the  executive  law is deemed repealed and

    30  section 259-mm of the executive law, as added by  section  one  of  this
    31  act, shall take effect.
    32    §  22. Section 8 of part H of chapter 56 of the laws of 2009, amending
    33  the correction law relating to limiting the closing of  certain  correc-
    34  tional  facilities,  providing  for  the  custody  by  the department of
    35  correctional services of inmates serving definite  sentences,  providing
    36  for  custody  of  federal prisoners and requiring the closing of certain
    37  correctional facilities, as amended by section 23 of part A  of  chapter
    38  57 of the laws of 2011, is amended to read as follows:
    39    §  8.  This  act shall take effect immediately; provided, however that
    40  sections five and six of this act shall expire and  be  deemed  repealed
    41  September 1, [2013] 2015.
    42    §  23. Section 3 of part C of chapter 152 of the laws of 2001 amending

    43  the military law relating to military funds of the organized militia, as
    44  amended by section 25 of part A of chapter 57 of the laws  of  2011,  is
    45  amended to read as follows:
    46    §  3.  This act shall take effect on the same date as the reversion of
    47  subdivision 5 of section 183 and subdivision 1 of  section  221  of  the
    48  military  law  as  provided  by section 76 of chapter 435 of the laws of
    49  1997, as amended by section 1 of chapter 19 of the laws of 1999 notwith-
    50  standing this act shall be deemed to have been in full force and  effect
    51  on  and  after  July  31, 2005 and shall remain in full force and effect
    52  until September 1, [2013] 2015  when  upon  such  date  this  act  shall
    53  expire.
    54    §  24.  Section  5  of  chapter  554 of the laws of 1986, amending the
    55  correction law and the penal law relating  to  providing  for  community

    56  treatment  facilities  and establishing the crime of absconding from the

        S. 2605--D                         22                         A. 3005--D
 
     1  community treatment facility, as amended by section 8 of part A of chap-
     2  ter 57 of the laws of 2011, is amended to read as follows:
     3    §  5.  This act shall take effect immediately and shall remain in full
     4  force and effect until September 1, [2013] 2015,  and  provided  further
     5  that the commissioner of correctional services shall report each January
     6  first  and July first during such time as this legislation is in effect,
     7  to the chairmen of  the  senate  crime  victims,  crime  and  correction
     8  committee,  the  senate codes committee, the assembly correction commit-
     9  tee, and the assembly codes committee, the number of individuals who are

    10  released to community treatment facilities during the previous six-month
    11  period, including the total number for each date at  each  facility  who
    12  are  not residing within the facility, but who are required to report to
    13  the facility on a daily or less frequent basis.
    14    § 25. This act shall take effect immediately.
 
    15                                   PART F
 
    16    Section 1. Section 2 of part H of chapter 503  of  the  laws  of  2009
    17  relating  to  the  disposition  of  monies  recovered by county district
    18  attorneys before the filing of an accusatory instrument, as  amended  by
    19  section  1  of  part  F of chapter 55 of the laws of 2012, is amended to
    20  read as follows:
    21    § 2. This act shall take effect immediately and shall remain  in  full
    22  force  and  effect until March 31, [2013] 2014, when it shall expire and
    23  be deemed repealed.

    24    § 2. This act shall take effect immediately and  shall  be  deemed  to
    25  have been in full force and effect on and after March 31, 2013.
 
    26                                   PART G
    27                            Intentionally omitted
 
    28                                   PART H
    29                            Intentionally Omitted
 
    30                                   PART I
 
    31    Section  1.  The  state finance law is amended by adding a new section
    32  99-u to read as follows:
    33    § 99-u. New York state gaming commission account. 1. There  is  hereby
    34  established  in  the  joint custody of the comptroller and the executive
    35  director of the New York state  gaming  commission  an  account  in  the
    36  miscellaneous  special  revenue  fund to be known as the "New York state
    37  gaming commission account".

    38    2. Such account shall consist of moneys transferred thereto  from  the
    39  state  lottery  fund  administration  account,  the regulation of racing
    40  account, the bell jar collection account or  the  regulation  of  Indian
    41  gaming account.
    42    3. In no circumstance shall net proceeds of the lottery, including the
    43  proceeds  from video lottery gaming, be used for the payment of non-lot-
    44  tery expenses of the  New  York  gaming  commission,  administrative  or
    45  otherwise.
    46    4. All moneys in the New York state gaming commission account shall be
    47  available,  subject  to appropriation, for the payment of administrative
    48  expenses of the New York state gaming commission.


        S. 2605--D                         23                         A. 3005--D
 
     1    § 2. This act shall take effect immediately and  shall  be  deemed  to
     2  have been in full force and effect on and after February 1, 2013.
 
     3                                   PART J
 
     4    Section  1. Paragraphs 2 and 3 of subdivision b of section 1612 of the
     5  tax law, as amended by section 1 of part O1 of chapter 57 of the laws of
     6  2009, are amended to read as follows:
     7    2. As consideration for the operation of a video lottery gaming facil-
     8  ity, the division, shall cause the investment in the racing industry  of
     9  a  portion  of the vendor fee received pursuant to paragraph one of this
    10  subdivision in the manner set forth  in  this  subdivision.    With  the
    11  exception  of  Aqueduct  racetrack,  each  such  track  shall dedicate a
    12  portion of its vendor fees, received pursuant to clause (A),  (B),  (C),

    13  (D),  (E),  (F),  or  (G)  of subparagraph (ii) of paragraph one of this
    14  subdivision, solely for the purpose of enhancing purses at  such  track,
    15  in  an  amount  equal  to  eight and three-quarters percent of the total
    16  revenue wagered at the vendor track after  pay  out  for  prizes.    One
    17  percent  of  such  purse  enhancement amount shall be paid to the gaming
    18  commission to be used exclusively to promote and  ensure  equine  health
    19  and  safety  in  New  York.  Any  portion  of such funding to the gaming
    20  commission unused during a fiscal year shall be returned  to  the  video
    21  lottery  gaming  operators  on  a  pro rata basis in accordance with the
    22  amounts originally contributed by each operator and shall  be  used  for

    23  the  purpose  of  enhancing  purses at such track. In addition, with the
    24  exception of Aqueduct racetrack, one and one-quarter  percent  of  total
    25  revenue  wagered  at the vendor track after pay out for prizes, received
    26  pursuant to clause (A), (B), (C), (D), (E), (F), or (G) of  subparagraph
    27  (ii)  of  paragraph one of this subdivision, shall be distributed to the
    28  appropriate breeding fund for the manner of  racing  conducted  by  such
    29  track.
    30    Provided,  further,  that nothing in this paragraph shall prevent each
    31  track from entering into an agreement, not to exceed  five  years,  with
    32  the  organization  authorized  to  represent its horsemen to increase or
    33  decrease the portion of its vendor fee dedicated to enhancing purses  at
    34  such  track  during the years of participation by such track, or to race
    35  fewer dates than required herein.

    36    3. Nothing in paragraph two  of  this  subdivision  shall  affect  any
    37  agreement  in  effect on or before the effective date of this paragraph,
    38  except that the obligation to pay funds  to  the  gaming  commission  to
    39  promote  and  ensure  equine  health  and  safety  shall  supersede  any
    40  provision to the contrary in any such agreement.
    41    § 2. Paragraph 1 of subdivision f of section 1612 of the tax  law,  as
    42  amended  by  chapter  140  of  the  laws  of 2008, is amended to read as
    43  follows:
    44    1. Six and one-half percent of  the  total  wagered  after  payout  of
    45  prizes  for the first year of operation of video lottery gaming at Aque-
    46  duct racetrack, seven percent of  the  total  wagered  after  payout  of
    47  prizes  for the second year of operation, and seven and one-half percent

    48  of the total wagered after payout of prizes for the third year of opera-
    49  tion and thereafter, for the purpose of  enhancing  purses  at  Aqueduct
    50  racetrack, Belmont Park racetrack and Saratoga race course.  One percent
    51  of  such purse enhancement amount shall be paid to the gaming commission
    52  to be used exclusively to promote and ensure equine health and safety in
    53  New York. Any portion of such funding to the  gaming  commission  unused
    54  during a fiscal year shall be returned on a pro rata basis in accordance

        S. 2605--D                         24                         A. 3005--D
 
     1  with  the  amounts  originally  contributed  and  shall  be used for the
     2  purpose of enhancing purses at such tracks.

     3    § 3. The legislature hereby establishes a New York task force on jock-
     4  ey  health  and  safety.  The  task  force shall assess, investigate and
     5  research issues involving safety and health  of  jockeys  who  regularly
     6  race  at  the  thoroughbred racetracks in New York state. The task force
     7  shall consist of seven individuals to be appointed by the governor,  one
     8  of whom shall be appointed on the recommendation of the temporary presi-
     9  dent  of the senate, and one of whom shall be appointed on the recommen-
    10  dation of the speaker of the assembly, who shall be named no later  than
    11  forty-five  days  after this act shall take effect, at least one of whom
    12  shall be a jockey or former jockey. The task force shall issue a  report
    13  containing  its  findings and recommendations concerning jockey benefits
    14  including health, life, disability, pension, or other  similar  benefits

    15  and  how  such  needs  can best be provided through the resources of the
    16  racing industry.  The report shall be provided to the  governor,  tempo-
    17  rary  president  of the senate, speaker of the assembly, minority leader
    18  of the senate and minority leader of the  assembly  within  ninety  days
    19  after the majority of its members are appointed.
    20    The  task  force  may  request  and  shall  receive from any division,
    21  department, board, bureau, commission, office, agency, or other  instru-
    22  mentality  of  the  state,  or  any  political subdivision thereof, such
    23  assistance and data as it deems necessary and desirable for  the  proper
    24  execution  of its powers and duties. The members of the task force shall
    25  receive no compensation for their services, but shall be  allowed  their
    26  actual  and  necessary  expenses  incurred  in  the performance of their

    27  duties which shall be paid by  the  franchised  corporation  established
    28  pursuant to article two of the racing, pari-mutuel wagering and breeding
    29  law,  and  the  franchised  corporation shall make available $25,000 for
    30  other costs associated with the report, including data collection, anal-
    31  ysis, and expert review.
    32    § 4. This act shall take effect immediately.
 
    33                                   PART K
 
    34    Section 1. Subparagraphs (iii) and (vii) of paragraph q of subdivision
    35  10 of section 54 of the state finance law, as added by section 3 of part
    36  K of chapter 57 of the laws of 2011, are amended to read as follows:
    37    (iii) Study projects shall include an  examination  of  the  potential
    38  financial savings, management improvements, and service delivery changes
    39  resulting  from  a  local  government  re-organization, legal issues and

    40  impediments  surrounding  the  re-organization,  recommended  steps   to
    41  complete the re-organization, as well as options for cost-savings if the
    42  re-organization is not completed.
    43    (vii)  Matching  funds  equal  to  [ten] at least fifty percent of the
    44  total cost of activities under the  grant  work  plan  approved  by  the
    45  department  of state shall be required for a local government re-organi-
    46  zation grant for a re-organization study, except for  such  grants  that
    47  are awarded to a local government entity eligible for an expedited grant
    48  pursuant  to subparagraph (v) of this paragraph.  Upon implementation of
    49  the local government re-organization, the local matching funds  required
    50  by  such  grant for a re-organization study shall be refunded except for

    51  ten percent of the total cost of activities under the  grant  work  plan
    52  approved  by  the  department of state. Matching funds equal to at least
    53  ten percent of the total cost of activities under the  grant  work  plan
    54  approved  by  the  department  of  state  shall  be required for a local

        S. 2605--D                         25                         A. 3005--D
 
     1  government re-organization grant for a re-organization study awarded  to
     2  a  local  government  entity eligible for an expedited grant pursuant to
     3  subparagraph (v) of this paragraph and for a local government re-organi-
     4  zation grant for the implementation of a re-organization.
     5    §  1-a.  Paragraph  q  of  subdivision  10  of section 54 of the state

     6  finance law is amended by adding two new subparagraphs (viii)  and  (ix)
     7  to read as follows:
     8    (viii)  Within  one week of the receipt of an application, the depart-
     9  ment of state shall review the application to ensure the  applicant  has
    10  filed the correct application, and to determine if any required sections
    11  of  the  application  contain no information. Within one business day of
    12  determining an applicant has filed an incorrect application,  or  deter-
    13  mining  an  application contains no information in a section required to
    14  contain information, the  department  shall  so  notify  the  applicant.
    15  Applicants  shall be permitted to amend an application found to be miss-
    16  ing information, and such application shall be reconsidered for approval

    17  if it is amended by  the  application  deadline.  If  an  applicant  has
    18  submitted an incorrect application, the applicant may submit the correct
    19  application  to the appropriate program by the deadline for such program
    20  for consideration. Under no circumstances  shall  this  subparagraph  be
    21  deemed  to require the extension of any application deadline established
    22  by the department, nor shall it obligate the  department  to  conduct  a
    23  substantive  review  of  the  contents of any application outside of the
    24  procedures established by the department for the purposes of maintaining
    25  the competitive integrity of the grant program.
    26    (ix) Written notice shall be provided to an applicant  of  a  decision

    27  regarding  the  grant or denial of an award under this paragraph, within
    28  thirty days after such decision.
    29    § 2.   The opening paragraph of  paragraph  r  of  subdivision  10  of
    30  section  54 of the state finance law, as added by section 3 of part K of
    31  chapter 57 of the laws of 2011, is amended to read as follows:
    32    Local government efficiency  grant  program  beginning  in  the  state
    33  fiscal  year commencing April first, two thousand eleven  and continuing
    34  until the end of the state fiscal year commencing April first, two thou-
    35  sand twelve.
    36    § 3. Paragraphs s and t of subdivision 10 of section 54 of  the  state
    37  finance law, paragraph t as relettered by section 3 of part K of chapter
    38  57  of  the  laws  of  2011, are relettered paragraphs t and u and a new
    39  paragraph s is added to read as follows:

    40    s. Local government efficiency grant program beginning  in  the  state
    41  fiscal  year  commencing April first, two thousand thirteen. (i) (1) For
    42  the purposes of this paragraph,  "municipality"  shall  mean  a  county,
    43  city, town, village, special improvement district, fire district, public
    44  library,  association  library,  or  public library system as defined by
    45  section two hundred seventy-two of the education law, provided  however,
    46  that  for the purposes of this definition, a public library system shall
    47  be considered a municipality only in instances where such public library
    48  system advances a joint application on behalf of its  member  libraries,
    49  water  authority,  sewer  authority,  regional  planning and development

    50  board, school district, or board of  cooperative  educational  services;
    51  provided,  however, that for the purposes of this definition, a board of
    52  cooperative educational services shall be considered a municipality only
    53  in instances  where  such  board  of  cooperative  educational  services
    54  advances  a  joint  application  on behalf of school districts and other
    55  municipalities within the  board  of  cooperative  educational  services
    56  region;  provided,  however, that any agreements with a board of cooper-

        S. 2605--D                         26                         A. 3005--D
 
     1  ative educational services: shall not  generate  additional  state  aid;
     2  shall be deemed not to be a part of the program, capital and administra-

     3  tive  budgets  of  the board of cooperative educational services for the
     4  purposes  of  computing charges upon component school districts pursuant
     5  to subdivision one and subparagraph seven of paragraph b of  subdivision
     6  four  of  section  nineteen hundred fifty and subdivision one of section
     7  nineteen hundred fifty-one of the education law; and shall be deemed  to
     8  be  a  cooperative municipal service for purposes of subparagraph two of
     9  paragraph d of subdivision four of section nineteen hundred fifty of the
    10  education law.
    11    (2) For the purposes of  this  paragraph,  "functional  consolidation"
    12  shall  mean  one municipality completely providing a service or function
    13  for another municipality, which no longer provides such service or func-

    14  tion.
    15    (ii) Within the annual amounts appropriated therefor, the secretary of
    16  state may award competitive grants  to  municipalities  to  cover  costs
    17  associated with local government efficiency projects, including, but not
    18  limited  to, planning for or implementation of a municipal consolidation
    19  or dissolution, a functional consolidation, a  city  or  county  charter
    20  revision  that  includes functional consolidation, shared or cooperative
    21  services, and regionalized delivery of services; provided, however, that
    22  such local government efficiency projects must demonstrate new  opportu-
    23  nities  for  financial  savings  and operational efficiencies; provided,
    24  further, that eligible local government efficiency  projects  shall  not

    25  include  studies and plans for a local government re-organization eligi-
    26  ble to receive a local government citizens  re-organization  empowerment
    27  grant  pursuant  to  paragraph  q  of this subdivision. The secretary of
    28  state may focus the grant program in specific functional  areas,  within
    29  distressed  communities  and areas of historically high local government
    30  costs and property taxes, or in areas of unique  opportunity,  in  which
    31  case  such  areas  of  focus shall be detailed in a request for applica-
    32  tions.
    33    (iii) Any approved project shall include an examination  of  financial
    34  savings, return on public investment and management improvements result-
    35  ing from project implementation.

    36    (iv)  Local  government  efficiency  grants may be used to cover costs
    37  including, but not limited to, legal and  consultant  services,  capital
    38  improvements,  transitional personnel costs and other necessary expenses
    39  related to implementing the approved local government  efficiency  grant
    40  work  plan.  Grants  may  be used for capital improvements, transitional
    41  personnel costs or joint equipment purchases only  where  such  expenses
    42  are  integral  to  implementation  of  the  local  government efficiency
    43  project. No part of the grant shall be used by the applicant for  recur-
    44  ring  expenses  such  as  salaries,  except that the salaries of certain
    45  transitional personnel essential for the implementation of the  approved

    46  local  government  efficiency  grant  work  plan shall be eligible for a
    47  period not to exceed three  years.  The  amounts  awarded  to  a  school
    48  district  pursuant  to  this  subparagraph  shall not be included in the
    49  approved operating expense of the school district as  defined  in  para-
    50  graph  t  of  subdivision  one  of section thirty-six hundred two of the
    51  education law.
    52    (v) The maximum cumulative grant award for a  local  government  effi-
    53  ciency project shall not exceed two hundred thousand dollars per munici-
    54  pality;  provided, however, that in no case shall such a project receive
    55  a cumulative grant award in excess of one million dollars.  The  maximum
    56  grant  award  for a local government efficiency planning project, or the

        S. 2605--D                         27                         A. 3005--D
 
     1  planning component of a project that includes both planning  and  imple-
     2  mentation  of  a  local  government efficiency project, shall not exceed
     3  twelve thousand five hundred dollars per municipality; provided,  howev-
     4  er, that in no event shall such a planning project receive a grant award
     5  in excess of one hundred thousand dollars.
     6    (vi) Local matching funds equal to at least fifty percent of the total
     7  cost  of activities under the grant work plan approved by the department
     8  of state shall be required for planning grants, and local matching funds
     9  equal to at least ten percent of the total cost of activities under  the

    10  grant  work  plan  approved by the department of state shall be required
    11  for implementation grants. In the event an applicant is  implementing  a
    12  project  that  the  applicant developed through a successfully completed
    13  planning grant  funded  under  the  local  government  efficiency  grant
    14  program  or  the  shared municipal services incentive grant program, the
    15  local matching funds required shall be reduced  by  the  local  matching
    16  funds  required  by such successfully completed planning grant up to the
    17  amount of local matching funds required for the implementation grant.
    18    (vii) In the selection of grant awards, the secretary of  state  shall
    19  give  the highest priority to applications: (1) that would result in the

    20  dissolution or consolidation of municipalities; (2) that would implement
    21  the complete functional consolidation of a municipal service; or (3)  by
    22  local  governments  with  historically high costs of local government or
    23  sustained increases in property taxes. Priority will also  be  given  to
    24  municipalities  that have previously completed a planning grant pursuant
    25  to this  program  or  the  shared  municipal  services  incentive  grant
    26  program,  and to local governments currently involved in regional devel-
    27  opment projects that have received funds  through  state  community  and
    28  infrastructure development programs.
    29    (viii)  Within  one week of the receipt of an application, the depart-

    30  ment of state shall review the application to ensure the  applicant  has
    31  filed the correct application, and to determine if any required sections
    32  of  the  application  contain no information. Within one business day of
    33  determining an applicant has filed an incorrect application,  or  deter-
    34  mining  an  application contains no information in a section required to
    35  contain information, the  department  shall  so  notify  the  applicant.
    36  Applicants  shall be permitted to amend an application found to be miss-
    37  ing information, and such application shall be reconsidered for approval
    38  if it is amended by the application  deadline.    If  an  applicant  has
    39  submitted an incorrect application, the applicant may submit the correct

    40  application  to the appropriate program by the deadline for such program
    41  for consideration. Under no circumstances  shall  this  subparagraph  be
    42  deemed  to require the extension of any application deadline established
    43  by the department, nor shall it obligate the  department  to  conduct  a
    44  substantive  review  of  the  contents of any application outside of the
    45  procedures established by the department for the purposes of maintaining
    46  the competitive integrity of the grant program.
    47    (ix) Written notice shall be provided to an applicant  of  a  decision
    48  regarding  the  grant or denial of an award under this paragraph, within
    49  thirty days after such decision.
    50    (x) The department of state shall prepare  an  annual  report  to  the

    51  governor  and  the legislature on the effectiveness of the local govern-
    52  ment efficiency grant program and the local government  citizens  re-or-
    53  ganization  empowerment grant program.  Such report shall be provided on
    54  or before October first of each year  and  shall  include,  but  not  be
    55  limited to, the following: a summary of applications and awards for each
    56  grant  category,  an  assessment of progress in implementing initiatives

        S. 2605--D                         28                         A. 3005--D
 
     1  that received grant awards, and estimated financial savings and  signif-
     2  icant  improvements  in  service  realized  by  municipalities that have
     3  received grants.

     4    §  3-a. Subparagraph (vii) of paragraph t of subdivision 10 of section
     5  54 of the state finance law, paragraph t as relettered by section  three
     6  of  this  act,  is renumbered subparagraph (viii) and a new subparagraph
     7  (vii) is added to read as follows:
     8    (vii) Written notice shall be provided to an applicant of  a  decision
     9  regarding  the  grant or denial of an award under this paragraph, within
    10  thirty days after such decision.
    11    § 4. This act shall take effect immediately and  shall  be  deemed  to
    12  have been in full force and effect on and after April 1, 2013.
 
    13                                   PART L
    14                            Intentionally omitted
 
    15                                   PART M
    16                            Intentionally omitted
 
    17                                   PART N
 

    18    Section  1. Subdivisions 1, 3, 4, 5 and 6 of section 709 of the execu-
    19  tive law, subdivision 1 as amended and subdivisions 3, 4,  5  and  6  as
    20  added  by  section  14  of part B of chapter 56 of the laws of 2010, are
    21  amended to read as follows:
    22    1. There is hereby created within the executive department  the  divi-
    23  sion  of  homeland security and emergency services, which shall have and
    24  exercise the powers and duties set forth in this article. Any  reference
    25  to  the  'office of public security', the 'office of homeland security',
    26  the 'state emergency management office'[, the 'office of  cyber  securi-
    27  ty']  or  the 'office of fire prevention and control' in the laws of New
    28  York state, executive orders, or contracts entered into on behalf of the
    29  state shall be deemed to refer to the division of homeland security  and
    30  emergency services.

    31    3.  The  division  of  homeland  security and emergency services shall
    32  consist of several offices including, but not limited to, the office  of
    33  counterterrorism,  which  shall  have the powers, and be responsible for
    34  carrying out the duties, including but not limited to those set forth in
    35  section seven hundred nine-a of this article; the  office  of  emergency
    36  management, which shall have the powers, and be responsible for carrying
    37  out  the duties, including but not limited to those set forth in article
    38  two-B of this chapter; the office of fire prevention and control,  which
    39  shall  have  the powers, and be responsible for carrying out the duties,
    40  including but not limited to those set forth in article  six-C  of  this
    41  chapter[; the office of cyber security, which shall have the powers, and
    42  be responsible for carrying out the duties, including but not limited to

    43  those  set  forth in section seven hundred fifteen of this article;] and
    44  the office of interoperable and emergency  communications,  which  shall
    45  have the powers, and be responsible for carrying out the duties, includ-
    46  ing  but  not limited to those set forth in section seven hundred seven-
    47  teen of this article.
    48    4. As set forth in section seven hundred  ten  of  this  article,  the
    49  commissioner of the division of homeland security and emergency services
    50  shall  be  appointed by the governor, with the advice and consent of the

        S. 2605--D                         29                         A. 3005--D
 
     1  senate, and hold office at the pleasure of the governor.  The  directors
     2  of   the   offices   of  counterterrorism,  emergency  management,  fire
     3  prevention and control, [cyber security,] and interoperable and emergen-

     4  cy  communications,  and such other offices as may be established, shall
     5  be appointed by, and hold office at the pleasure of,  the  governor  and
     6  they  shall report to the commissioner of the division of homeland secu-
     7  rity and emergency services.
     8    5. The directors of the offices of counterterrorism, emergency manage-
     9  ment, fire prevention and control, [cyber security,]  interoperable  and
    10  emergency  communications,  and  of  such other offices as may be estab-
    11  lished, shall, in consultation with the commissioner, have the authority
    12  to promulgate rules and regulations to carry out  the  duties  of  their
    13  office,  including the establishment of fees necessary to compensate for
    14  costs associated with the delivery of training and services.
    15    6. The directors of the offices of counterterrorism, emergency manage-

    16  ment, fire prevention and control, [cyber security,]  interoperable  and
    17  emergency  communications, and such other offices as may be established,
    18  shall have the authority to enter into contracts with any person,  firm,
    19  corporation, municipality, or government entity.
    20    § 2. Section 715 of the executive law is REPEALED.
    21    §  3.  Subdivision  10  of section 103 of the state technology law, as
    22  added by chapter 430 of the laws of 1997, and such section as renumbered
    23  by chapter 437 of the laws of 2004, is amended to read as follows:
    24    10. To establish statewide  technology  policies,  including  but  not
    25  limited to preferred technology standards and security, including state-
    26  wide policies, standards, programs, and services relating to the securi-
    27  ty  of  state  government  networks  and geographic information systems,

    28  including the statewide coordination of geographically referenced  crit-
    29  ical infrastructure information;
    30    § 4. Section 103 of the state technology law is amended by adding four
    31  new subdivisions 18, 19, 20 and 21 to read as follows:
    32    18.  To  provide  for  the  protection of the state government's cyber
    33  security infrastructure, including, but not limited to, the  identifica-
    34  tion  and  mitigation  of  vulnerabilities,  deterring and responding to
    35  cyber events, and promoting cyber security awareness within the state.
    36    19. To maintain, in electronic  or  paper  formats,  maps,  geographic
    37  images, geographic data and metadata.
    38    20.  Notwithstanding  the  provisions of subparagraphs (i) and (ii) of

    39  paragraph (a) of subdivision  eight  of  section  seventy-three  of  the
    40  public officers law, former officers or employees of the office of cyber
    41  security  employed  by  the not-for-profit corporation that operates the
    42  multi-state information sharing and analysis center  may  appear  before
    43  and  render services to any federal, state, local, territorial or tribal
    44  government relating to cyber security.
    45    21. Notwithstanding the provisions of section one hundred  sixty-three
    46  of  the  state  finance  law,  section  one hundred three of the general
    47  municipal law, article four-C of the economic development  law,  or  any
    48  other  provision  of  law relating to the award of public contracts, any

    49  officer, body, or agency of New York state, public corporation, or other
    50  public entity subject to such provisions of law shall be  authorized  to
    51  enter  individually or collectively into contracts with the not-for-pro-
    52  fit corporation that operates the multi-state  information  sharing  and
    53  analysis  center for the provision of services through September thirti-
    54  eth, two thousand fourteen related to cyber security including, but  not
    55  limited  to,  monitoring,  detecting, and responding to cyber incidents,
    56  and such contracts may be awarded without compliance with the procedures

        S. 2605--D                         30                         A. 3005--D
 
     1  relating to the procurement of services set forth in such provisions  of

     2  law.    Such  contracts  shall, however, be subject to the comptroller's
     3  existing authority to approve contracts where such approval is  required
     4  by  section  one  hundred  twelve of the state finance law or otherwise.
     5  Such officers, bodies, or agencies may pay the  fees  or  other  amounts
     6  specified  in  such  contracts  in  consideration  of the cyber security
     7  services to be rendered pursuant to such contracts.
     8    § 5. Subdivision 2 and paragraph (a) of subdivision 7 of  section  208
     9  of  the state technology law, subdivision 2 as amended by chapter 491 of
    10  the laws of 2005 and paragraph  (a)  of  subdivision  7  as  amended  by
    11  section  27  of part A of chapter 62 of the laws of 2011, are amended to
    12  read as follows:
    13    2. Any state entity that  owns  or  licenses  computerized  data  that

    14  includes  private  information shall disclose any breach of the security
    15  of the system following discovery or notification of the breach  in  the
    16  security  of  the system to any resident of New York state whose private
    17  information was, or is reasonably believed to have been, acquired  by  a
    18  person  without valid authorization. The disclosure shall be made in the
    19  most expedient time possible and without unreasonable delay,  consistent
    20  with the legitimate needs of law enforcement, as provided in subdivision
    21  four  of  this section, or any measures necessary to determine the scope
    22  of the breach and restore the reasonable integrity of the  data  system.
    23  The  state entity shall consult with the state [office of cyber security
    24  and critical infrastructure coordination] office of information technol-

    25  ogy services to determine the scope of the breach and restoration  meas-
    26  ures.
    27    (a)  In  the event that any New York residents are to be notified, the
    28  state entity shall notify the state attorney general, the department  of
    29  state  and  the state [office of cyber security and critical infrastruc-
    30  ture coordination] office of information technology services as  to  the
    31  timing,  content  and distribution of the notices and approximate number
    32  of affected persons. Such notice shall be made without  delaying  notice
    33  to affected New York residents.
    34    §  6.  Paragraph (a) of subdivision 8 of section 899-aa of the general
    35  business law, as amended by section 43 of part A of chapter  62  of  the
    36  laws of 2011, is amended to read as follows:
    37    (a)  In  the event that any New York residents are to be notified, the

    38  person or business shall notify the state attorney general, the  depart-
    39  ment  of  state  and the division of state [office of cyber security and
    40  critical infrastructure coordination] police as to the  timing,  content
    41  and  distribution  of  the  notices  and  approximate number of affected
    42  persons. Such notice shall be made without delaying notice  to  affected
    43  New York residents.
    44    § 7. Any reference to the office of cyber security or to the office of
    45  cyber  security  and critical infrastructure coordination in the laws of
    46  New York state, executive orders or contracts entered into on behalf  of
    47  the state shall be deemed to refer to the office of information technol-
    48  ogy services.
    49    §  8.  (a)  Notwithstanding  any provision of law to the contrary, any

    50  person employed by the office of the  Medicaid  inspector  general,  the
    51  office  of mental health, the office for people with developmental disa-
    52  bilities, the department of health and the division of state police  and
    53  any  person  employed  in the exempt class positions of employee program
    54  associate, employee program assistant or employee relations associate by
    55  the governor's office of employee relations immediately prior  to  being
    56  transferred to the office of information technology services pursuant to

        S. 2605--D                         31                         A. 3005--D
 
     1  subdivision  2 of section 70 of the civil service law effective November
     2  22, 2012 and November 29, 2012, and who, immediately prior  thereto  was
     3  performing  information technology functions similar to persons employed

     4  in  appropriate  competitive  class  positions, shall be given permanent
     5  competitive class rights and status and  shall  continue  to  hold  such
     6  position  in  the  office  of  information  technology  services without
     7  further examination. No such  employee  transferred  to  the  office  of
     8  information  technology  services shall be subject to a new probationary
     9  term, provided, however, that any employee in probationary status at the
    10  time of the transfer shall be required  to  complete  that  probationary
    11  term  at  the  office  of information technology services under the same
    12  terms and conditions as were applicable to them while  employed  at  the
    13  office  of  the Medicaid inspector general, the office of mental health,
    14  the office for people with developmental disabilities, the department of
    15  health, the division of  state  police  and  the  governor's  office  of
    16  employee relations.

    17    (b)  Any  employees whose positions are re-classified pursuant to this
    18  section or section nine or ten of this act shall have  seniority  rights
    19  on  the  basis  of  continuous  service  from the date of their original
    20  permanent appointment to the classified service or the date of permanent
    21  employment with the office of the Medicaid inspector general, the office
    22  of mental health, the office for people with developmental disabilities,
    23  the department of health or the  division  of  state  police.  Any  such
    24  employees  employed  by  the  division of state police in an appropriate
    25  non-competitive title on a permanent basis, shall also be deemed to have
    26  that period of employment count as permanent competitive service in that
    27  title for purposes of qualifying for promotional examinations or  trans-
    28  fers  pursuant  to  subdivision 6 of section 52 of the civil service law

    29  and subdivision 1 of section 70 of the civil service law.
    30    (c) No employee whose  position  is  re-classified  pursuant  to  this
    31  section  or  section nine or ten of this act shall suffer a reduction in
    32  basic salary as a result of the re-classification and shall continue  to
    33  receive,  at  a  minimum,  the  salary that such employee received while
    34  employed by the office of the Medicaid inspector general, the office  of
    35  mental  health,  the  office for people with developmental disabilities,
    36  the department of health, the division of state police  and  the  gover-
    37  nor's  office  of  employee  relations.    The director of the office of
    38  information technology services shall also allow employees of the  divi-
    39  sion  of state police whose positions are re-classified pursuant to this
    40  section or section nine of this act credit for all of the annual  leave,

    41  sick  leave,  or  personal leave standing to their credit at the time of
    42  the transfer, but not in excess of the maximum accumulation permitted in
    43  the office of information technology services.
    44    § 9. Notwithstanding any provision of law to the contrary,  the  civil
    45  service  department  may re-classify any person employed in a permanent,
    46  classified, competitive position immediately prior to being  transferred
    47  to  the office of information technology services effective November 22,
    48  2012 and November 29, 2012, pursuant to subdivision 2 of section  70  of
    49  the  civil  service law to align with the duties and responsibilities of
    50  their positions upon transfer. Permanent employees whose  positions  are
    51  subsequently re-classified to align with the duties and responsibilities
    52  of  their  positions upon being transferred to the office of information

    53  technology services effective November 22, 2012 and November  29,  2012,
    54  pursuant  to  subdivision 2 of section 70 of the civil service law shall
    55  hold  such  positions  without  further  examination  or  qualification.
    56  Notwithstanding  any  other  provision  of  this act, the names of those

        S. 2605--D                         32                         A. 3005--D
 
     1  competitive permanent employees on promotion  eligible  lists  in  their
     2  former agency or department shall be added and interfiled on a promotion
     3  eligible  list in the new department, as the state civil service depart-
     4  ment deems appropriate.
     5    §  10. Notwithstanding any provision of law to the contrary, the civil
     6  service department may re-classify any person  employed  in  the  exempt
     7  class  positions of employee program associate, employee program assist-

     8  ant or employee relations associate by the governor's office of employee
     9  relations immediately prior to being transferred to the office of infor-
    10  mation technology services effective November 22, 2012, and November 29,
    11  2012, pursuant to subdivision 2 of section 70 of the civil  service  law
    12  to  align  with  the duties and responsibilities of their positions upon
    13  transfer. Permanent employees whose positions are subsequently  re-clas-
    14  sified  to align with the duties and responsibilities of their positions
    15  upon being transferred to the office of information technology  services
    16  effective November 22, 2012, and November 29, 2012, pursuant to subdivi-
    17  sion  2 of section 70 of the civil service law shall hold such positions
    18  without further examination or qualification.
    19    § 11. This act shall take effect immediately.
 
    20                                   PART O

    21                            Intentionally omitted
 
    22                                   PART P
 
    23    Section 1. Subdivision 6 of section 163 of the state finance  law,  as
    24  amended  by  chapter  173  of  the  laws  of 2010, is amended to read as
    25  follows:
    26    6. Discretionary buying thresholds. Pursuant to guidelines established
    27  by the state procurement council: the commissioner may purchase services
    28  and commodities in an amount not exceeding eighty-five thousand  dollars
    29  without  a  formal  competitive  process;  state  agencies  may purchase
    30  services and commodities in  an  amount  not  exceeding  fifty  thousand
    31  dollars  without  a  formal  competitive process; and state agencies may
    32  purchase commodities or services from small business concerns  or  those
    33  certified pursuant to article fifteen-A of the executive law, or commod-

    34  ities  or technology that are recycled or remanufactured, or commodities
    35  that are food, including milk and  milk  products,  grown,  produced  or
    36  harvested in New York state in an amount not exceeding two hundred thou-
    37  sand dollars without a formal competitive process.
    38    §  2.  Section 163 of the state finance law is amended by adding a new
    39  subdivision 6-c to read as follows:
    40    6-c. Pursuant to the authority provided in  subdivision  six  of  this
    41  section,  for  the purchase of commodities that are food, including milk
    42  and milk products, grown, produced or harvested in New York state, where
    43  such commodities exceed fifty thousand dollars in value, state  agencies
    44  must  advertise  the  discretionary purchase on the state agency website

    45  for a reasonable period of time  and  make  the  discretionary  purchase
    46  based  on  the lowest price that meets the state agency's form, function
    47  and utility.
    48    § 3. This act shall take effect immediately;  provided  however,  that
    49  the  amendments to section 163 of the state finance law made by sections
    50  one and two of this act shall not affect the repeal of such section  and
    51  shall be deemed repealed therewith.

        S. 2605--D                         33                         A. 3005--D
 
     1                                   PART Q
 
     2    Section 1. Subdivisions 1, 2, 3 and 6 of section 29-h of the executive
     3  law,  as  added  by  section 10-a of part B of chapter 56 of the laws of
     4  2010, paragraph c of subdivision 2 as amended by section 8 and paragraph

     5  a of subdivision 6 as amended by section 9 of part G of  chapter  55  of
     6  the laws of 2012, are amended to read as follows:
     7    1. Creation. There is hereby created the intrastate mutual aid program
     8  to  complement existing mutual aid agreements in the event of a disaster
     9  that results in a formal declaration of an emergency by a  participating
    10  local  government.  All  local  governments  within the state, excepting
    11  those which affirmatively choose not to participate in  accordance  with
    12  subdivision  four  of this section, are deemed to be participants in the
    13  program; provided, however, with respect to school districts and  boards
    14  of cooperative educational services, such participation shall be limited
    15  to the sharing of facilities management and administrative personnel and
    16  equipment.

    17    2.  Definitions.  As  used  in this section, the following terms shall
    18  have the following meanings:
    19    a. "Employee"  means  any  person  holding  a  position  by  election,
    20  appointment, or employment by a local government;
    21    b.  "Local  government"  means  any  county, city, town [or], village,
    22  school district or board of  cooperative  educational  services  of  the
    23  state;
    24    c.  "Local  emergency  management director" means the local government
    25  official responsible for emergency preparedness, response and recovery;
    26    d. "Requesting local government" means the local government that  asks
    27  another  local government for assistance during a declared emergency, or
    28  for the purposes of conducting training, or undertaking a drill or exer-
    29  cise;
    30    e. "Assisting local government" means one or  more  local  governments

    31  that  provide  assistance  pursuant  to  a request for assistance from a
    32  requesting local government during a  declared  emergency,  or  for  the
    33  purposes  of  conducting  training,  or undertaking a drill or exercise;
    34  [and]
    35    f. "Disaster" shall have the same meaning as in section twenty of this
    36  article;
    37    g. "School district" shall have the same meaning as in  title  two  of
    38  the  education law, including any public school district and any special
    39  act school district as defined in  section  four  thousand  one  of  the
    40  education law; and
    41    h.  "Board  of  cooperative  educational services" shall have the same
    42  meaning as in section nineteen hundred fifty of the education law.
    43    3. Intrastate mutual  aid  program  committee  established;  meetings;

    44  powers  and  duties.  a.  There  is  hereby  created within the disaster
    45  preparedness commission an intrastate mutual aid program committee,  for
    46  purposes of this section to be referred to as the committee, which shall
    47  be  chaired by the commissioner of the division of homeland security and
    48  emergency services, and shall include the state fire administrator,  the
    49  commissioner  of  health,  the commissioner of education and the commis-
    50  sioner of agriculture and markets, provided that each such official  may
    51  appoint  a  designee  to serve in his or her place on the committee. The
    52  committee shall also include  five  representatives  from  local  public
    53  safety  or  emergency  response  agencies  and one representative from a
    54  school district or  board  of  cooperative  educational  services.  Such

    55  representatives,  who shall serve a maximum two-year term, [to be] shall

        S. 2605--D                         34                         A. 3005--D
 
     1  be appointed by the commissioner of the division  of  homeland  security
     2  and emergency services, with regard to a balance of geographic represen-
     3  tation and discipline expertise.
     4    b.  The committee, on the call of the chairperson, shall meet at least
     5  twice each year and at such other times as may be necessary. The  agenda
     6  and meeting place of all regular meetings shall be made available to the
     7  public  in  advance of such meetings and all such meetings shall be open
     8  to the public.
     9    c. The committee shall have the following powers and responsibilities:
    10    (1) to promulgate rules and regulations, acting through  the  division

    11  of homeland security and emergency services, to implement the intrastate
    12  mutual aid program as described in this section;
    13    (2) to develop policies, procedures and guidelines associated with the
    14  program,  including  a  process for the reimbursement of assisting local
    15  governments by requesting local governments;
    16    (3) to evaluate the use of the intrastate mutual aid program;
    17    (4) to examine issues facing participating local governments regarding
    18  the implementation of the intrastate mutual aid program; and
    19    (5)  to  prepare  reports  to  the  disaster  preparedness  commission
    20  discussing  the  effectiveness  of  mutual  aid  in the state and making
    21  recommendations for improving the efficacy of the system,  if  appropri-
    22  ate.
    23    6.  Requesting  assistance under the intrastate mutual aid program. a.

    24  [A] Subject to the restrictions on school districts and boards of  coop-
    25  erative  educational  services  set  forth  in  subdivision  one of this
    26  section, a participating local  government  may  request  assistance  of
    27  other   participating   local  governments  in  preventing,  mitigating,
    28  responding to and recovering from disasters that result in  locally-dec-
    29  lared emergencies, or for the purpose of conducting multi-jurisdictional
    30  or  regional  training, drills or exercises. Requests for assistance may
    31  be made verbally or in writing; verbal requests shall be memorialized in
    32  writing as  soon  thereafter  as  is  practicable.  Notwithstanding  the
    33  provisions  of  section twenty-five of this article, the local emergency
    34  management director shall have  the  authority  to  request  and  accept

    35  assistance  and  deploy  the  local resources of his or her jurisdiction
    36  under the intrastate mutual aid program.
    37    b. Once an emergency is declared at the county level, all requests and
    38  offers for assistance, to the extent practical, shall  be  made  through
    39  the  county  emergency  management office, or in the case of the city of
    40  New York, through the city emergency management office. All requests for
    41  assistance should include:
    42    (1) a description of the disaster;
    43    (2) a description of the assistance needed;
    44    (3) a description of the mission for which assistance is requested;
    45    (4) an estimate of the length of time the assistance will be needed;
    46    (5) the specific place and time for staging of the  assistance  and  a
    47  point of contact at that location; and
    48    (6)  any other information that will enable an assisting local govern-

    49  ment to respond appropriately to the request.
    50    c. Assisting local governments shall submit to  the  requesting  local
    51  government an inventory of the resources being deployed.
    52    d. The written request for assistance and all inventories of resources
    53  being  deployed  shall be submitted to the division of homeland security
    54  and emergency services within three calendar days of the request for  or
    55  deployment of such resources.
    56    § 2. This act shall take effect immediately.

        S. 2605--D                         35                         A. 3005--D
 
     1                                   PART R
     2                            Intentionally Omitted
 
     3                                   PART S
     4                            Intentionally omitted
 
     5                                   PART T
 

     6    Section  1.  Paragraph  1  of  subdivision  2-a of section 19-a of the
     7  public lands law, as amended by section 1 of part T of chapter 57 of the
     8  laws of 2012, is amended to read as follows:
     9    (1) Notwithstanding any provision of this section to the contrary,  in
    10  addition  to state aid otherwise payable pursuant to this section, there
    11  shall be payable to any city located in a county in which there has been
    12  constructed a state office  building  project  in  accordance  with  the
    13  provisions  of  chapter  one  hundred  fifty-two of the laws of nineteen
    14  hundred sixty-four, as amended, and pursuant to  an  agreement  entitled
    15  the  "South  Mall  contract" dated May eleventh, nineteen hundred sixty-
    16  five, state aid in accordance with the following schedule:
    17                 State Fiscal Year
    18                                     Amount
 
    19                 2000-2001           $4,500,000

    20                 2001-2002           $4,500,000
    21                 2002-2003           $4,500,000
    22                 2003-2004           $9,850,000
    23                 2004-2005           $16,850,000
    24                 2005-2006           $22,850,000
    25                 2006-2007           $22,850,000
    26                 2007-2008           $22,850,000
    27                 2008-2009           $22,850,000
    28                 2009-2010           $22,850,000
    29                 2010-2011           $22,850,000
    30                 2011-2012           $15,000,000
    31                 2012-2013           $22,850,000
    32                 [2013-2014          $15,000,000] 2013-2014 $22,850,000
    33                 2014-2015           $15,000,000
    34                 2015-2016           $15,000,000
    35                 2016-2017           $15,000,000
    36                 2017-2018           $15,000,000

    37                 2018-2019           $15,000,000
    38                 2019-2020           $15,000,000
    39                 2020-2021           $15,000,000
    40                 2021-2022           $15,000,000
    41                 2022-2023           $15,000,000
    42                 2023-2024           $15,000,000
    43                 2024-2025           $15,000,000
    44                 2025-2026           $15,000,000
    45                 2026-2027           $15,000,000
    46                 2027-2028           $15,000,000
    47                 2028-2029           $15,000,000
    48                 2029-2030           $15,000,000
    49                 2030-2031           $15,000,000
    50                 [2031-2032          $15,000,000] 2031-2032 $7,150,000

        S. 2605--D                         36                         A. 3005--D
 
     1                 2032-2033           $7,150,000

     2    §  2.  This  act  shall take effect immediately and shall be deemed to
     3  have been in full force and effect on and after April 1, 2013.
 
     4                                   PART U
     5                            Intentionally omitted
 
     6                                   PART V
 
     7    Section 1. The executive law is amended by adding a new  section  29-i
     8  to read as follows:
     9    §  29-i. Immunity from liability for emergency alerts. Any provider of
    10  mobile services, as defined in 47 U.S.C. 153,  including  its  officers,
    11  directors, employees, vendors and agents, acting on behalf of the state,
    12  that  transmits  emergency  alerts  similar to those described in 47 CFR
    13  10.10 and 10.400 shall not be liable for any act or omission related  to
    14  or  any harm resulting from the transmission of, or failure to transmit,

    15  an emergency alert, provided  that  such  provider,  officer,  director,
    16  employee, vendor or agent acted reasonably and in good faith.
    17    § 2. This act shall take effect immediately.
 
    18                                   PART W
 
    19    Section  1.  Subsection  (g)  of section 5402 of the insurance law, as
    20  added by chapter 136 of the laws of 2008, is amended to read as follows:
    21    (g) In addition to fire insurance,  extended  coverage,  coverage  for
    22  additional  perils  and  homeowners  insurance  should  the same be made
    23  available through the association in accordance with a determination  of
    24  necessity  pursuant to section five thousand four hundred twelve of this
    25  article, the association may offer broad  form  coverage  to  applicants
    26  seeking to insure real property at fixed locations of this state, or the

    27  tangible  personal  property  located thereon. The association may offer
    28  broad form coverage for a period of [five] ten years [after  the  effec-
    29  tive  date of this subsection] beginning on June thirtieth, two thousand
    30  eight. The superintendent shall require the association to report to him
    31  or her annually during that [five-year] ten-year period as to the number
    32  of policies written pursuant to this subsection and paragraph  three  of
    33  subsection  (f) of section five thousand four hundred five of this arti-
    34  cle in the previous year, and any other information  the  superintendent
    35  may  require.  The  superintendent shall then report to the governor and
    36  the legislature regarding the number of policies issued pursuant to this

    37  subsection and such paragraph annually for the first [four]  nine  years
    38  such  coverage  is  offered.  On  or  before January first, two thousand
    39  [thirteen] eighteen, the superintendent shall make a  final,  cumulative
    40  report to the governor and the legislature which shall include recommen-
    41  dations as to the continuation of such insurance offerings.
    42    § 2. This act shall take effect immediately.
 
    43                                   PART X
 
    44    Section  1.    Section 13 of chapter 141 of the laws of 1994, amending
    45  the legislative law and the state finance law relating to the  operation
    46  and administration of the legislature, as amended by section 2 of part S
    47  of chapter 55 of the laws of 2012, is amended to read as follows:

        S. 2605--D                         37                         A. 3005--D
 

     1    §  13.  This  act shall take effect immediately and shall be deemed to
     2  have been in full force and effect as of April 1, 1994,  provided  that,
     3  the  provisions  of  section  5-a  of  the legislative law as amended by
     4  sections two and two-a of this act shall take effect on January 1, 1995,
     5  and provided further that, the provisions of article 5-A of the legisla-
     6  tive  law  as  added  by section eight of this act shall expire June 30,
     7  [2013] 2014 when upon such date the provisions of such article shall  be
     8  deemed  repealed;  and  provided further that section twelve of this act
     9  shall be deemed to have been in full force and effect on and after April
    10  10, 1994.
    11    § 2.  This act shall take effect immediately,  provided,  however,  if
    12  section  one  of  this  act  shall take effect on or after June 30, 2013

    13  section one of this act shall be deemed to have been in full  force  and
    14  effect on and after June 30, 2013.
 
    15                                   PART Y
 
    16    Section  1.  Section  212 of the retirement and social security law is
    17  amended by adding a new subdivision 3 to read as follows:
    18    3. Notwithstanding the provisions of subdivisions one and two of  this
    19  section,  the  commissioner  of  education  may  determine,  pursuant to
    20  section two hundred eleven of this article, that such  earnings  limita-
    21  tions  shall  not apply to a retired police officer employed by a school
    22  district as a school resource officer.
    23    § 2. This act shall take effect immediately.
 
    24                                   PART Z
 
    25    Section 1.  Subdivision 8 of section 9 of chapter 401 of the  laws  of

    26  2002,  amending the real property tax law and the Nassau county adminis-
    27  trative code relating to assessment and review  of  assessments  in  the
    28  county  of  Nassau,  as  amended  by chapter 183 of the laws of 2012, is
    29  amended to read as follows:
    30    8. Notwithstanding the foregoing provisions of this act, on [March 31,
    31  2013] June 30, 2014 the amendments of sections 6-2.1 and 6-13.0  of  the
    32  Nassau county administrative code, made by sections two and four of this
    33  act,  and section 6-24.1 of such code, as added by section seven of this
    34  act, shall be deemed repealed. On such date the addition  of  the  words
    35  "the  year  following" to the first sentence of subdivision 8 of section
    36  523-b of the real property tax law, as amended by section  one  of  this
    37  act, shall be deemed repealed.

    38    § 2. Paragraph (a) of subdivision 6 of section 523-b of the real prop-
    39  erty  tax law, as amended by chapter 401 of the laws of 2002, is amended
    40  to read as follows:
    41    (a) During the period from January second through [March]  May  first,
    42  any  person or corporation claiming to be aggrieved by the assessment of
    43  real estate may apply for correction of such assessment.  Such  applica-
    44  tion shall be duly verified by a person having personal knowledge of the
    45  facts  stated  therein,  provided  that  if the application is signed by
    46  someone other than the person or an officer of the corporation  claiming
    47  to  be aggrieved, the application must be accompanied by a duly executed
    48  power of attorney or authorization or as otherwise  prescribed  by  [the
    49  rules and regulations of the commission] this chapter.

    50    §  3.  This act shall take effect immediately; provided, however, that
    51  section two of this act shall expire and be deemed repealed  January  1,
    52  2014.

        S. 2605--D                         38                         A. 3005--D
 
     1    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     2  sion,  section  or  part  of  this act shall be adjudged by any court of
     3  competent jurisdiction to be invalid, such judgment  shall  not  affect,
     4  impair,  or  invalidate  the remainder thereof, but shall be confined in
     5  its  operation  to the clause, sentence, paragraph, subdivision, section
     6  or part thereof directly involved in the controversy in which such judg-
     7  ment shall have been rendered. It is hereby declared to be the intent of
     8  the legislature that this act would  have  been  enacted  even  if  such

     9  invalid provisions had not been included herein.
    10    §  3.  This  act shall take effect immediately provided, however, that
    11  the applicable effective date of Parts A through Z of this act shall  be
    12  as specifically set forth in the last section of such Parts.
Go to top