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S08305 Summary:

BILL NOS08305C
 
SAME ASSAME AS UNI. A08805-C
 
SPONSORBUDGET
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2024-2025 state fiscal year; establishes the crime of assault on a retail worker (Part A); establishes the crime of fostering the sale of stolen goods as a class A misdemeanor (Part B); adds to the list of specified offenses that constitutes a hate crime (Part C); authorizes the governor to close correctional facilities upon notice to the legislature (Part D); suspends the transfer of monies into the emergency services revolving loan fund from the public safety communications account for the 2024-2025 and 2025-2026 state fiscal years (Part E); enacts the New York State Judicial Security Act to increase the safety and security of judges and their immediate families; permits eligible individuals to request that the chief administrator of the court order entities to cease making certain personal information public; establishes the offenses of aggravated harassment of a judge (Part F); relates to enforcement of certain provisions of the cannabis law by the office of cannabis management and localities (Part G); relates to notifying municipalities of the filing of certain applications and that proof of notification must be provided at the time of application; authorizes the issuance of temporary permits for the sale of beer, wine, cider, mead and/or braggot, and liquor at outdoor or indoor gatherings, functions or events (Part H); relates to establishing a temporary wholesale permit (part I); extends provisions of law relating to the powers of the state liquor authority (Part J); extends provisions relating to liquidator's permits and temporary retail permits (Part K); provides for paid prenatal personal leave (Part M); provides that nonjudicial officers and employees of the unified court system hired after July 1, 2025, and employees of the assembly, the senate, joint legislative employees of the assembly and the senate and certain employees of the executive branch hired after July 1, 2025, shall not be subject to the withholding of five days salary on their first five payment dates (Part Q); relates to county-wide shared services; provides for the administration of certain monies by the secretary of state; relates to unexpended fund balances incurred for the incorporation if a village is not incorporated (Part U); provides for reforms to the local government efficiency grant program (Part W); extends provisions authorizing retail licensees for on-premises consumption to sell and deliver alcoholic beverages for off-premises consumption (Part Y); includes harassment of certain employees of a transit agency or authority to assault in the second degree (Part Z); maintains actions against certain adolescent offenders accused of certain sexual offenses in criminal court (Part AA); relates to the distribution of surplus realized by a tax district upon the sale of tax-foreclosed property and creating a homeowner bill of rights (Part BB); relates to alcohol in certain motion picture theatres; provides for the repeal of such provisions upon the expiration thereof (Part CC); deems the objects or purposes for which certain bonds were issued by the city of Buffalo as being for a police training center and shooting range located at 379 Paderewski Drive; authorizes the expenditure of the proceeds from such bonds for such objects or purposes (Part DD); establishes twenty-five year retirement programs for members of the New York city employees' retirement system employed as fire protection inspectors and associate fire protection inspectors (Part EE); allows the value of goods or merchandise stolen pursuant to a common scheme or plan to be determined in the aggregate for the purpose of grand larceny offenses; exempts grand larceny offenses from the definition of persistent felony offender (Part FF); extends the retiree earnings limitation waiver for school employees by one year, until June 30, 2025 (Part GG); adds a heart bill performance of duty disability provision for SUNY police officers who are members of the NYS Local Police and Fire Retirement System (Part HH); relates to the pensionable earnings of first grade police officers of the New York city police department (Part II); modifies the calculation of past service credit for police officers employed by the division of law enforcement in the department of environmental protection in the city of New York transferring between the New York city employees' retirement system to the New York state and local police and fire retirement system (Part JJ); extends provisions setting certain member contribution rates until April 1, 2026 (Part KK).
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S08305 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 8305--C                                            A. 8805--C
 
                SENATE - ASSEMBLY
 
                                    January 17, 2024
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
          article  seven  of  the  Constitution -- read once and referred to the
          Committee on Ways and Means --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          again reported from said committee with amendments, ordered  reprinted
          as  amended  and  recommitted to said committee -- again reported from
          said committee with  amendments,  ordered  reprinted  as  amended  and
          recommitted to said committee
 
        AN ACT to amend the penal law, in relation to assault on a retail worker
          (Part  A);  to  amend  the  penal law, in relation to establishing the
          crime of fostering the sale of stolen goods (Part  B);  to  amend  the
          penal  law  and  the  judiciary law, in relation to specified offenses
          that constitute a hate crime (Part C);  relating  to  the  closure  of
          correctional   facilities;  and  providing  for  the  repeal  of  such
          provisions upon the expiration thereof (Part D); to amend the tax law,
          in relation to suspending the transfer of monies  into  the  emergency
          services  revolving  loan  fund  from the public safety communications
          account (Part E); to amend the judiciary law, the penal  law  and  the
          election  law,  in  relation  to increasing the safety and security of
          judges and their immediate families (Part F); to  amend  the  cannabis
          law,  the administrative code of the city of New York, the county law,
          the penal law, and the real property actions and proceedings  law,  in
          relation  to providing additional enforcement powers to localities and
          the office of cannabis management (Part G);  to  amend  the  alcoholic
          beverage  control  law, in relation to notifying municipalities of the
          filing of certain applications, and providing  for  certain  temporary
          permits;  and to repeal certain provisions of such law related thereto
          (Part H); to amend the alcoholic beverage control law, in relation  to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12670-05-4

        S. 8305--C                          2                         A. 8805--C
 
          establishing  a  temporary wholesale permit (Part I); to amend chapter
          118 of the laws of 2012 amending the alcoholic  beverage  control  law
          relating  to  the powers of the chairman and members of the authority,
          in  relation  to the effectiveness of certain provisions thereof (Part
          J); to amend chapter 396 of the laws of 2010  amending  the  alcoholic
          beverage  control  law  relating to liquidator's permits and temporary
          retail permits, in relation to the  effectiveness  thereof  (Part  K);
          intentionally omitted (Part L); to amend the labor law, in relation to
          providing paid prenatal personal leave (Part M); intentionally omitted
          (Part  N); intentionally omitted (Part O); intentionally omitted (Part
          P); to amend the state finance law, in  relation  to  eliminating  the
          alternate  procedure for the payment of salaries for certain employees
          and the withholding of five days of salary for certain employees (Part
          Q); intentionally omitted (Part R); intentionally  omitted  (Part  S);
          intentionally omitted (Part T); to amend the general municipal law, in
          relation to county-wide shared services panels; to amend the executive
          law, in relation to the administration of certain monies; and to amend
          the  village law, in relation to unexpended fund balances incurred for
          the incorporation if a village is not incorporated  (Part  U);  inten-
          tionally omitted (Part V); to amend the state finance law, in relation
          to  reforming  the local government efficiency grant program (Part W);
          intentionally omitted (Part X); to amend part P of chapter 55  of  the
          laws  of 2022, amending the alcoholic beverage control law relating to
          authorizing retail  licensees  for  on-premises  consumption  to  sell
          and/or  deliver  alcoholic  beverages for off-premises consumption, in
          relation to the effectiveness thereof (Part Y);  to  amend  the  penal
          law, in relation to harassing certain employees of a transit agency or
          authority  (Part  Z); to amend the criminal procedure law, in relation
          to  maintaining  actions  against  certain  adolescent  offenders  for
          certain sexual offenses in criminal court (Part AA); to amend the real
          property  tax law, in relation to requiring excess proceeds from a tax
          foreclosure sale to be returned to the former  owner,  delinquent  tax
          interest  rates  and establishing a homeowner bill of rights; to amend
          the tax law, in relation to disclosure of STAR credit disclosures; and
          to amend chapter 602 of the laws of 1993 amending  the  real  property
          tax  law  relating  to the enforcement of the collection of delinquent
          real property taxes and to  the  collection  of  taxes  by  banks,  in
          relation to the effectiveness thereof (Part BB); to amend the alcohol-
          ic  beverage  control  law,  in  relation to alcohol in certain motion
          picture theatres, and providing for the repeal of such provisions upon
          the expiration thereof (Part CC); in relation to deeming  the  objects
          or purposes for which certain bonds were issued by the city of Buffalo
          to  be for the construction of a new police shooting range and author-
          izing the expenditure of the proceeds from such bonds for such objects
          or purposes (Subpart  A);  in  relation  to  deeming  the  objects  or
          purposes for which certain bonds were issued by the city of Buffalo to
          be for the construction of a new police shooting range and authorizing
          the  expenditure  of  the proceeds from such bonds for such objects or
          purposes (Subpart B); in relation to deeming the objects  or  purposes
          for  which  certain bonds were issued by the city of Buffalo to be for
          the construction of a new police training facility and authorizing the
          expenditure of the proceeds  from  such  bonds  for  such  objects  or
          purposes  (Subpart  C);  and  in  relation  to  deeming the objects or
          purposes for which certain bonds were issued by the city of Buffalo to
          be for the construction of a new police training  facility,  including
          planning  and  design work, related site improvements, and furnishings

        S. 8305--C                          3                         A. 8805--C
 
          and authorizing the expenditure of the proceeds from  such  bonds  for
          such objects or purposes (Subpart D)(Part DD); to amend the retirement
          and  social  security law, in relation to the establishment of twenty-
          five year retirement programs for members of the New York city employ-
          ees'  retirement  system  employed  as  fire protection inspectors and
          associate fire protection inspectors (Part EE);  to  amend  the  penal
          law,  in  relation  to  determining  the value of goods or merchandise
          stolen pursuant to a common scheme for the purpose  of  grand  larceny
          offenses; and in relation to exempting grand larceny offenses from the
          definition  of  persistent felony offender (Part FF); to amend part HH
          of chapter 56 of the laws of   2022   amending    the  retirement  and
          social  security  law  relating to waiving approval and income limita-
          tions on retirees employed in school districts and  board  of  cooper-
          ative  educational  services, in relation to the effectiveness thereof
          (Part GG); to  amend  the  retirement  and  social  security  law,  in
          relation   to  certain  disabilities  of  university  police  officers
          appointed by the state university of New York (Part HH); to amend  the
          administrative  code  of  the  city  of  New  York, in relation to the
          pensionable earnings of first grade  police  officers  (Part  II);  to
          amend  the  retirement  and  social  security  law, in relation to the
          calculation of past service credit for police officers employed by the
          division  of  law  enforcement  in  the  department  of  environmental
          protection  in  the city of New York transferring between the New York
          city employees' retirement system to the  New  York  state  and  local
          police  and fire retirement system (Part JJ); and to amend the retire-
          ment and social security law,  in  relation  to  extending  provisions
          setting certain member contribution rates (Part KK)

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act enacts into law major  components  of  legislation
     2  necessary  to  implement the state public protection and general govern-
     3  ment budget for the 2024-2025 state fiscal year. Each component is whol-
     4  ly contained within a Part identified as Parts A through KK. The  effec-
     5  tive  date  for  each particular provision contained within such Part is
     6  set forth in the last section of such Part. Any provision in any section
     7  contained within a Part, including the effective date of the Part, which
     8  makes a reference to a section "of this act", when  used  in  connection
     9  with that particular component, shall be deemed to mean and refer to the
    10  corresponding section of the Part in which it is found. Section three of
    11  this act sets forth the general effective date of this act.
 
    12                                   PART A
 
    13    Section 1.  The penal law is amended by adding a new section 120.19 to
    14  read as follows:
    15  § 120.19 Assault on a retail worker.
    16    1.  A  person  is  guilty of assault on a retail worker when, with the
    17  intent to prevent a retail worker from  performing  an  act  within  the
    18  scope of such worker's employment, such person causes physical injury to
    19  such  retail  worker and the person knew or reasonably should have known
    20  that such  individual was a retail worker.
    21    2. For the purposes of this section:

        S. 8305--C                          4                         A. 8805--C

     1    a. "Retail worker" shall mean any person whose usual place of work  is
     2  a  retail  establishment.  This shall include, but is not limited to, an
     3  employee of the retail establishment, an owner of the retail  establish-
     4  ment,  or  a person who works in the retail establishment under arrange-
     5  ments made between the person and the establishment.
     6    b.  "Retail establishment" shall mean any physical business or commer-
     7  cial entity engaged in the  sale  of  goods,  merchandise,  or  services
     8  directly to consumers.
     9    Assault on a retail worker is a class E felony.
    10    § 2. This act shall take effect on the one hundred eightieth day after
    11  it shall have become a law.
 
    12                                   PART B

    13    Section  1. The penal law is amended by adding a new section 165.66 to
    14  read as follows:
    15  § 165.66 Fostering the sale of stolen goods.
    16    A person is guilty of fostering the sale of  stolen  goods  when  such
    17  person,  for  the purposes of financial gain, acting alone or in concert
    18  with another person or persons:
    19    1. Uses any internet website, application, online marketplace, digital
    20  service, or any other platform or venue, including any  physical  build-
    21  ing, public or private space, or location to offer for sale retail goods
    22  or merchandise which are stolen or unlawfully obtained; and
    23    2.  Knew  or  should  have known that such retail goods or merchandise
    24  were stolen or unlawfully obtained.
    25    Fostering the sale of stolen goods is a class A misdemeanor.
    26    § 2. This act shall take effect on the first of November next succeed-
    27  ing the date upon which it shall have become a law.
 
    28                                   PART C
 
    29    Section 1. Subdivision 3 of  section  485.05  of  the  penal  law,  as
    30  amended  by  section  3  of part R of chapter 55 of the laws of 2020, is
    31  amended to read as follows:
    32    3. A "specified offense" is an offense defined by any of the following
    33  provisions of  this  chapter:  section  120.00  (assault  in  the  third
    34  degree);  section  120.05 (assault in the second degree); section 120.06
    35  (gang assault in the second degree); section 120.07 (gang assault in the
    36  first degree); section 120.10 (assault in  the  first  degree);  section
    37  120.12  (aggravated  assault  upon a person less than eleven years old);
    38  section 120.13 (menacing in the first degree); section 120.14  (menacing
    39  in  the  second  degree); section 120.15 (menacing in the third degree);
    40  section 120.20 (reckless endangerment in  the  second  degree);  section
    41  120.25  (reckless  endangerment  in  the  first  degree); section 121.11
    42  (criminal obstruction of breathing or blood circulation); section 121.12
    43  (strangulation in the second degree); section 121.13  (strangulation  in
    44  the  first  degree);  subdivision one of section 125.15 (manslaughter in
    45  the second degree); subdivision one,  two  or  four  of  section  125.20
    46  (manslaughter in the first degree); section 125.25 (murder in the second
    47  degree);  section  125.26 (aggravated murder); section 125.27 (murder in
    48  the first degree); section  120.45  (stalking  in  the  fourth  degree);
    49  section  120.50 (stalking in the third degree); section 120.55 (stalking
    50  in the second degree); section 120.60 (stalking in  the  first  degree);
    51  [subdivision  one of] section 130.20 (sexual misconduct); section 130.25
    52  (rape in the third degree); section 130.30 (rape in the second  degree);

        S. 8305--C                          5                         A. 8805--C
 
     1  section  130.35 (rape in the first degree); [subdivision one of] section
     2  130.40 (criminal sexual act in the third degree); section 130.45 (crimi-
     3  nal sexual act in the second degree); section  130.50  (criminal  sexual
     4  act  in the first degree); [subdivision one of] section 130.52 (forcible
     5  touching); section 130.53  (persistent  sexual  abuse);  section  130.55
     6  (sexual  abuse in the third degree); section 130.60 (sexual abuse in the
     7  second degree); section 130.65  (sexual  abuse  in  the  first  degree);
     8  [paragraph (a) of subdivision one of] section 130.65-a (aggravated sexu-
     9  al  abuse in the fourth degree); section 130.66 (aggravated sexual abuse
    10  in the third degree); section 130.67 (aggravated  sexual  abuse  in  the
    11  second  degree);  [paragraph  (a)  of subdivision one of] section 130.70
    12  (aggravated sexual abuse in the first degree); section 135.05  (unlawful
    13  imprisonment  in  the second degree); section 135.10 (unlawful imprison-
    14  ment in the first degree); section  135.20  (kidnapping  in  the  second
    15  degree); section 135.25 (kidnapping in the first degree); section 135.60
    16  (coercion  in  the third degree); section 135.61 (coercion in the second
    17  degree); section 135.65 (coercion in the first degree);  section  140.10
    18  (criminal  trespass in the third degree); section 140.15 (criminal tres-
    19  pass in the second degree); section 140.17  (criminal  trespass  in  the
    20  first  degree);  section  140.20 (burglary in the third degree); section
    21  140.25 (burglary in the second degree); section 140.30 (burglary in  the
    22  first  degree); section 145.00 (criminal mischief in the fourth degree);
    23  section 145.05 (criminal mischief in the third degree);  section  145.10
    24  (criminal  mischief  in  the  second  degree);  section 145.12 (criminal
    25  mischief in the first degree);  section  150.05  (arson  in  the  fourth
    26  degree);  section  150.10  (arson  in  the third degree); section 150.15
    27  (arson in the  second  degree);  section  150.20  (arson  in  the  first
    28  degree);  section  155.25 (petit larceny); section 155.30 (grand larceny
    29  in the fourth degree);  section  155.35  (grand  larceny  in  the  third
    30  degree);  section  155.40  (grand larceny in the second degree); section
    31  155.42 (grand larceny in the first degree); section 160.05  (robbery  in
    32  the  third  degree);  section  160.10  (robbery  in  the second degree);
    33  section 160.15 (robbery in the first degree); section 230.34 (sex  traf-
    34  ficking);  section 230.34-a (sex trafficking of a child); section 240.25
    35  (harassment in the first  degree);  subdivision  one,  two  or  four  of
    36  section  240.30  (aggravated  harassment  in the second degree); section
    37  240.50 (falsely reporting an incident  in  the  third  degree);  section
    38  240.55  (falsely  reporting  an  incident in the second degree); section
    39  240.60 (falsely reporting an incident in the first degree);  subdivision
    40  one  of  section  265.03  (criminal possession of a weapon in the second
    41  degree); subdivision one of section 265.04  (criminal  possession  of  a
    42  weapon  in  the  first  degree); section 490.10 (soliciting or providing
    43  support for an act of terrorism in the second  degree);  section  490.15
    44  (soliciting  or  providing  support for an act of terrorism in the first
    45  degree); section 490.20 (making a terroristic  threat);  section  490.25
    46  (crime of terrorism); section 490.30 (hindering prosecution of terrorism
    47  in  the second degree); section 490.35 (hindering prosecution of terror-
    48  ism in the first degree); section 490.37 (criminal possession of a chem-
    49  ical weapon or biological weapon in the third  degree);  section  490.40
    50  (criminal  possession  of  a chemical weapon or biological weapon in the
    51  second degree); section 490.45 (criminal possession of a chemical weapon
    52  or biological weapon in the first degree); section 490.47 (criminal  use
    53  of  a chemical weapon or biological weapon in the third degree); section
    54  490.50 (criminal use of a chemical weapon or biological  weapon  in  the
    55  second  degree);  section  490.55  (criminal use of a chemical weapon or

        S. 8305--C                          6                         A. 8805--C
 
     1  biological weapon in the first degree); or any attempt or conspiracy  to
     2  commit any of the foregoing offenses.
     3    §  2.  Subdivision 3 of section 485.05 of the penal law, as amended by
     4  chapter 23 of the laws of 2024, is amended to read as follows:
     5    3. A "specified offense" is an offense defined by any of the following
     6  provisions of  this  chapter:  section  120.00  (assault  in  the  third
     7  degree);  section  120.05 (assault in the second degree); section 120.06
     8  (gang assault in the second degree); section 120.07 (gang assault in the
     9  first degree); section 120.10 (assault in  the  first  degree);  section
    10  120.12  (aggravated  assault  upon a person less than eleven years old);
    11  section 120.13 (menacing in the first degree); section 120.14  (menacing
    12  in  the  second  degree); section 120.15 (menacing in the third degree);
    13  section 120.20 (reckless endangerment in  the  second  degree);  section
    14  120.25  (reckless  endangerment  in  the  first  degree); section 121.11
    15  (criminal obstruction of breathing or blood circulation); section 121.12
    16  (strangulation in the second degree); section 121.13  (strangulation  in
    17  the  first  degree);  subdivision one of section 125.15 (manslaughter in
    18  the second degree); subdivision one,  two  or  four  of  section  125.20
    19  (manslaughter in the first degree); section 125.25 (murder in the second
    20  degree);  section  125.26 (aggravated murder); section 125.27 (murder in
    21  the first degree); section  120.45  (stalking  in  the  fourth  degree);
    22  section  120.50 (stalking in the third degree); section 120.55 (stalking
    23  in the second degree); section 120.60 (stalking in  the  first  degree);
    24  [paragraph  (a) of subdivision one, paragraph (a) of subdivision two and
    25  paragraph (a) of subdivision three of] section  130.20  (sexual  miscon-
    26  duct);  section  130.25 (rape in the third degree); section 130.30 (rape
    27  in the second degree);  section  130.35  (rape  in  the  first  degree);
    28  [former  subdivision  one  of section 130.35 (rape in the first degree);
    29  subdivision one of] former section 130.40; former section 130.45; former
    30  section 130.50; [subdivision one of] section 130.52 (forcible touching);
    31  section 130.53 (persistent sexual abuse); section 130.55  (sexual  abuse
    32  in  the  third  degree);  section  130.60  (sexual  abuse  in the second
    33  degree); section 130.65 (sexual abuse in the first  degree);  [paragraph
    34  (a)  of subdivision one of] section 130.65-a (aggravated sexual abuse in
    35  the fourth degree); section 130.66 (aggravated sexual abuse in the third
    36  degree); section 130.67 (aggravated sexual abuse in the second  degree);
    37  [paragraph  (a) of subdivision one of] section 130.70 (aggravated sexual
    38  abuse in the first degree); section 135.05 (unlawful imprisonment in the
    39  second degree); section  135.10  (unlawful  imprisonment  in  the  first
    40  degree);  section  135.20  (kidnapping  in  the  second degree); section
    41  135.25 (kidnapping in the first degree); section 135.60 (coercion in the
    42  third degree); section 135.61 (coercion in the second  degree);  section
    43  135.65 (coercion in the first degree); section 140.10 (criminal trespass
    44  in  the  third  degree); section 140.15 (criminal trespass in the second
    45  degree); section 140.17 (criminal trespass in the first degree); section
    46  140.20 (burglary in the third degree); section 140.25 (burglary  in  the
    47  second  degree);  section 140.30 (burglary in the first degree); section
    48  145.00 (criminal mischief in the fourth degree); section 145.05  (crimi-
    49  nal  mischief in the third degree); section 145.10 (criminal mischief in
    50  the second degree); section  145.12  (criminal  mischief  in  the  first
    51  degree);  section  150.05  (arson  in the fourth degree); section 150.10
    52  (arson in the  third  degree);  section  150.15  (arson  in  the  second
    53  degree);  section  150.20  (arson  in  the first degree); section 155.25
    54  (petit larceny); section 155.30 (grand larceny in  the  fourth  degree);
    55  section  155.35  (grand  larceny  in  the  third degree); section 155.40
    56  (grand larceny in the second degree); section 155.42 (grand  larceny  in

        S. 8305--C                          7                         A. 8805--C
 
     1  the first degree); section 160.05 (robbery in the third degree); section
     2  160.10  (robbery  in  the second degree); section 160.15 (robbery in the
     3  first degree); section 230.34 (sex trafficking); section  230.34-a  (sex
     4  trafficking  of  a  child);  section  240.25  (harassment  in  the first
     5  degree); subdivision one, two or  four  of  section  240.30  (aggravated
     6  harassment  in  the second degree); section 240.50 (falsely reporting an
     7  incident in the third degree);  section  240.55  (falsely  reporting  an
     8  incident  in  the  second  degree); section 240.60 (falsely reporting an
     9  incident in the first degree); subdivision one of section 265.03 (crimi-
    10  nal possession of a weapon in the second  degree);  subdivision  one  of
    11  section  265.04  (criminal  possession of a weapon in the first degree);
    12  section 490.10 (soliciting or providing support for an act of  terrorism
    13  in  the  second degree); section 490.15 (soliciting or providing support
    14  for an act of terrorism in the first degree); section 490.20  (making  a
    15  terroristic threat); section 490.25 (crime of terrorism); section 490.30
    16  (hindering  prosecution  of  terrorism  in  the  second degree); section
    17  490.35 (hindering prosecution of terrorism in the first degree); section
    18  490.37 (criminal possession of a chemical weapon or biological weapon in
    19  the third degree); section 490.40 (criminal  possession  of  a  chemical
    20  weapon or biological weapon in the second degree); section 490.45 (crim-
    21  inal  possession  of a chemical weapon or biological weapon in the first
    22  degree); section 490.47 (criminal use of a chemical weapon or biological
    23  weapon in the third degree); section 490.50 (criminal use of a  chemical
    24  weapon or biological weapon in the second degree); section 490.55 (crim-
    25  inal use of a chemical weapon or biological weapon in the first degree);
    26  or any attempt or conspiracy to commit any of the foregoing offenses.
    27    §  3. Subdivision 5 of section 216 of the judiciary law, as amended by
    28  section 1 of subpart C of part VV of chapter 56 of the laws of 2023,  is
    29  amended to read as follows:
    30    5.  The  chief  administrator  of  the courts, in conjunction with the
    31  division of criminal justice services, shall  collect  data  and  report
    32  every six months regarding pretrial release and detention. Such data and
    33  report  shall contain information categorized by age, gender, racial and
    34  ethnic background;  regarding  the  nature  of  the  criminal  offenses,
    35  including the top charge of each case; the number and type of charges in
    36  each  defendant's  criminal  record;  whether  a hate crime was charged;
    37  whether the prosecutor requested that the court fix  bail,  the  amounts
    38  and forms of bail requested by the prosecutor, and the amounts and forms
    39  of bail set by the court; the number of individuals released on recogni-
    40  zance;  the  number  of individuals released on non-monetary conditions,
    41  including the conditions imposed; the number of individuals committed to
    42  the custody of a sheriff prior to trial; the rates of failure to  appear
    43  and  rearrest;  the outcome of such cases or dispositions; the length of
    44  the pretrial detention stay and any other such information as the  chief
    45  administrator  and  the  division  of criminal justice services may find
    46  necessary and appropriate.  Further,  the  chief  administrator  of  the
    47  courts  shall  collect  data  and  report every month regarding pretrial
    48  commitments to local correctional facilities. Such  data  shall  include
    49  but  not  be limited to age, gender, racial and ethnic background of the
    50  principal; both beginning and end dates of pretrial  commitment  to  the
    51  custody of the sheriff; total days of pretrial commitment to the custody
    52  of  the  sheriff;  the  type of commitment ordered by the court; the top
    53  charge at arrest and arraignment; and whether  the  principal  had  been
    54  previously  released  from custody in the case. Such report shall aggre-
    55  gate the data collected by  county;  court,  including  city,  town  and
    56  village  courts;  and  judge.  The  data shall be aggregated in order to

        S. 8305--C                          8                         A. 8805--C
 
     1  protect the identity of  individual  defendants.  The  report  shall  be
     2  released  publicly  and published on the websites of the office of court
     3  administration and the division of criminal justice services. The  first
     4  report  shall  be  published  twelve months after this subdivision shall
     5  have become a law, and shall include data  from  the  first  six  months
     6  following  the enactment of this section. Reports for subsequent periods
     7  shall be published every six months thereafter; provided, however,  that
     8  the   pretrial  detention  admissions  and  discharges  report  will  be
     9  published every month.
    10    § 4. This act shall take effect on the sixtieth  day  after  it  shall
    11  have become a law; provided, however, that the provisions of section two
    12  of this act shall take effect on the same date and in the same manner as
    13  chapter 23 of the laws of 2024, takes effect; provided further, however,
    14  that  the  provisions  of section three of this act shall take effect on
    15  the one hundred eightieth day after it shall have become a law.
 
    16                                   PART D
 
    17    Section 1. Notwithstanding the provisions of sections 79-a and 79-b of
    18  the correction law, the governor is  authorized  to  close  up  to  five
    19  correctional  facilities  of the department of corrections and community
    20  supervision, in the state fiscal year 2024-2025, as the governor  deter-
    21  mines  to be necessary for the cost-effective and efficient operation of
    22  the correctional system, provided that the governor provides at least 90
    23  days notice prior to any such closures to the temporary president of the
    24  senate and the speaker of the assembly. Such notice  shall  include  the
    25  list  of facilities the governor plans to close, the number of incarcer-
    26  ated individuals in said facilities, and the number of staff working  in
    27  said  facilities.  The  commissioner of corrections and community super-
    28  vision shall also report in detail to the  temporary  president  of  the
    29  senate  and  the  speaker  of the assembly on the results of staff relo-
    30  cation efforts within 60 days after such closure.
    31    § 2. This act shall take effect immediately and  shall  be  deemed  to
    32  have  been in full force and effect on and after April 1, 2024 and shall
    33  expire and be deemed repealed March 31, 2025.
 
    34                                   PART E
 
    35    Section 1. Paragraph (b) of subdivision 6 of section 186-f of the  tax
    36  law,  as  amended  by  section  1 of part G of chapter 55 of the laws of
    37  2022, is amended to read as follows:
    38    (b) The sum of one million  five  hundred  thousand  dollars  must  be
    39  deposited into the New York state emergency services revolving loan fund
    40  annually;  provided,  however, that such sums shall not be deposited for
    41  state fiscal years two thousand eleven--two thousand twelve,  two  thou-
    42  sand  twelve--two thousand thirteen, two thousand fourteen--two thousand
    43  fifteen,  two  thousand  fifteen--two  thousand  sixteen,  two  thousand
    44  sixteen--two  thousand  seventeen,  two thousand seventeen--two thousand
    45  eighteen, two thousand eighteen--two  thousand  nineteen,  two  thousand
    46  nineteen--two  thousand  twenty, two thousand twenty--two thousand twen-
    47  ty-one, two thousand twenty-one--two thousand twenty-two,  two  thousand
    48  twenty-two--two  thousand twenty-three, [and] two thousand twenty-three-
    49  -two thousand twenty-four, two thousand twenty-four--two thousand  twen-
    50  ty-five, and two thousand twenty-five--two thousand twenty-six;
    51    §  2.  This act shall take effect April 1, 2024; provided, however, if
    52  this act shall become a law after such date it shall take  effect  imme-

        S. 8305--C                          9                         A. 8805--C
 
     1  diately and shall be deemed to have been in full force and effect on and
     2  after April 1, 2024.
 
     3                                   PART F
 
     4    Section 1. Legislative purpose. The objective of this act, which shall
     5  be  referred  to  as  the  "New York State Judicial Security Act", is to
     6  improve the safety and security of judges of the courts of  the  unified
     7  court  system and of the federal courts sitting in New York state and of
     8  their immediate families. Greater confidence in  their  personal  safety
     9  and security, and in that of their family members, will enable the judi-
    10  ciary  to perform its duties fairly without fear of personal reprisal by
    11  litigants and others affected by the decisions of judges.
    12    This objective will be accomplished by providing a means by which  (i)
    13  private  information concerning active and former judges and their imme-
    14  diate families can be kept from public display; and (ii) persons,  busi-
    15  nesses, associations, and public and private agencies having such infor-
    16  mation  can  be forbidden from posting it, or sharing or trading it with
    17  others.
    18    This act shall be  broadly  construed  to  favor  protections  of  the
    19  private  information  of those persons designated hereunder as "eligible
    20  individuals".
    21    § 2. The judiciary law is amended by adding a new article 22-C to read
    22  as follows:
    23                                ARTICLE 22-C
    24                    NEW YORK STATE JUDICIAL SECURITY ACT
    25  Section 859. New York state judicial security act.
    26    § 859. New York state judicial security act. 1. Definitions.  As  used
    27  in this article:
    28    (a) "Eligible individual" shall mean an actively employed or former:
    29    (i) judge or justice of the unified court system or judge of the hous-
    30  ing part of the civil court of the city of New York; or
    31    (ii) a federal judge, which shall include a federal judge or a senior,
    32  recalled,  or  retired  federal judge sitting or maintaining chambers in
    33  New York, where such federal judge means:
    34    (A) a justice of the United States or a judge of the United States, as
    35  those terms are defined in section 451 of title 28, United States Code;
    36    (B) a bankruptcy judge appointed under section 152 of title 28, United
    37  States Code;
    38    (C) a United States magistrate judge appointed under  section  631  of
    39  title 28, United States Code;
    40    (D)  a  judge  confirmed  by the United States Senate and empowered by
    41  statute in any commonwealth, territory, or  possession  to  perform  the
    42  duties of a federal judge;
    43    (E)  a  judge  of  the United States Court of Federal Claims appointed
    44  under section 171 of title 28, United States Code;
    45    (F) a judge of the United States Court of Appeals for Veterans  Claims
    46  appointed under section 7253 of title 38, United States Code;
    47    (G) a judge of the United States Court of Appeals for the Armed Forces
    48  appointed under section 942 of title 10, United States Code;
    49    (H)  a  judge  of  the United States Tax Court appointed under section
    50  7443 of the Internal Revenue Code of 1986; or
    51    (I) a special trial judge of the United  States  Tax  Court  appointed
    52  under section 7443A of the Internal Revenue Code of 1986.
    53    (b)  "Immediate  family" shall mean, for each eligible individual, the
    54  spouse, former spouse, parent, child, and sibling.

        S. 8305--C                         10                         A. 8805--C
 
     1    (c) "Personal information" shall include the following for an eligible
     2  individual and, if such individual so indicates as provided in  subpara-
     3  graph  (ii) of paragraph (a) of subdivision two of this section, for the
     4  members of their immediate family: (i) home address,  including  primary
     5  residence  and  secondary  residences;  (ii)  unlisted telephone number;
     6  (iii) personal cell phone  number;  (iv)  personal  email  address;  (v)
     7  social  security  number;  (vi)  driver's  license number; (vii) license
     8  plate number; (viii) marital status and  identity  of  any  present  and
     9  former  spouse; (ix) identity of children under the age of eighteen; (x)
    10  name and address of a school or day care facility attended by an immedi-
    11  ate family member; (xi) bank account number; (xii) credit or debit  card
    12  number; and (xiii) personal identification number (PIN).
    13    (d)  "Cease  making  public the personal information" of an identified
    14  person shall mean deleting, redacting or otherwise removing any existing
    15  posting on the internet and any display or  publication  in  any  medium
    16  accessible  to the public containing such personal information and ceas-
    17  ing the sharing, trading, or transferring of such  personal  information
    18  with  others,  as  is  specified  in the written request of the eligible
    19  individual on whose behalf the notification is made.
    20    (e) "Excluded entity" means a commercial entity engaged in the follow-
    21  ing activity:
    22    (i) reporting, news-gathering, speaking, or other activity intended to
    23  inform the public on matters of public interest or public concern;
    24    (ii) using personal information internally, providing access to  busi-
    25  nesses  under  common  ownership  or affiliated by corporate control, or
    26  selling or providing data for transaction or  service  requested  by  or
    27  concerning  the  individual  whose  personal information is being trans-
    28  ferred;
    29    (iii) providing publicly available information via real-time  or  near
    30  real-time alert services for health or safety purposes;
    31    (iv)  any activity where the commercial entity is a consumer reporting
    32  agency subject to the Fair Credit Reporting  Act  (15  U.S.C.  1681,  et
    33  seq.);
    34    (v)  any  activity where the commercial entity is a financial institu-
    35  tion subject to the Gramm-Leach-Bliley  Act  (Public  Law  106-102)  and
    36  regulations implementing that Act;
    37    (vi)  providing  411  directory  assistance  or  directory information
    38  services, including name, address, and telephone number, on behalf of or
    39  as a function of a telecommunications carrier;
    40    (vii) any activity where the  commercial  entity  is  subject  to  the
    41  privacy  regulations  promulgated  under  section  264(c)  of the Health
    42  Insurance Portability and Accountability Act of 1996 (42  U.S.C.  1320-d
    43  note); and
    44    (viii)  the  collection  and sale or licensing of personal information
    45  incidental to conducting the activities described in this paragraph.
    46    (f) "Public agency" shall mean an agency of the state of New York  and
    47  any of its political subdivisions.
    48    2.  Written  request.    (a) An eligible individual or their represen-
    49  tative may submit a written request to their employer or former  employ-
    50  er.  To be enforceable, a written request shall be signed by an eligible
    51  individual, or their representative, and specify:
    52    (i) those items of personal information that the  eligible  individual
    53  wishes to be kept from being made public;
    54    (ii)  the  identity  of members of the eligible individual's immediate
    55  family and whether, for purposes of the written request, their  personal

        S. 8305--C                         11                         A. 8805--C
 
     1  information  should  be  deemed to include that of such immediate family
     2  members; and
     3    (iii) each person, business, association, and public or private agency
     4  that  the  eligible  individual  wishes  to  bar  from making public the
     5  personal information of such eligible individual.
     6    (b) The employer may develop procedures to review and process  written
     7  requests.
     8    (c)  (i)  If  a  written  request  has  been properly submitted and is
     9  complete, the employer for an active or former judge or justice  of  the
    10  unified  court  system  or active or former judge of the housing part of
    11  the civil court of the city of New York, as appropriate,  shall,  within
    12  five  business  days of receipt of such written request from an eligible
    13  individual, notify each person, business,  association,  and  public  or
    14  private  agency identified in the written request that (A) within seven-
    15  ty-two hours of receipt of such notification, that such person,    busi-
    16  ness, association, and public or private agency must cease making public
    17  the  personal  information of the eligible individual identified in such
    18  request, and (B) they must make reasonable efforts to  ensure  that  the
    19  personal  information  of the eligible  individual is not made available
    20  on any website or subsidiary website controlled by  that  person,  busi-
    21  ness,  or  association.  For purposes of this subparagraph, notification
    22  shall be by certified mail, return  receipt  requested,  either  at  the
    23  recipient's  last  known  residence (if recipient is a person) or at the
    24  recipient's principal office (which shall be the location at  which  the
    25  office  of  the  chief  executive  officer of the recipient is generally
    26  located).
    27    (ii) If a written request has been properly submitted and is complete,
    28  the employer of an active or former federal judge  of  a  federal  court
    29  established  in  New York may notify each person, business, association,
    30  and public or private agency identified in the written request that  (A)
    31  within  seventy-two  hours  of  receipt  of such notification, they must
    32  cease making public the personal information of the eligible  individual
    33  identified in such request, and (B) they must make reasonable efforts to
    34  ensure  that  the personal information of the eligible individual is not
    35  made available on any website or subsidiary website controlled  by  that
    36  person,  business,  or  association.  For purposes of this subparagraph,
    37  notification may be by certified mail, return receipt requested,  either
    38  at  the  recipient's last known residence (if the recipient is a person)
    39  or at the recipient's principal office (which shall be the  location  at
    40  which  the  office  of  the  chief executive officer of the recipient is
    41  generally located).
    42    (iii) Notwithstanding any provision of this paragraph to the contrary,
    43  subparagraphs (i) and (ii) of this paragraph shall not apply to:
    44    (A) display of the personal information of an eligible  individual  if
    45  such  information  is relevant to and displayed as part of a news story,
    46  commentary, editorial, or other speech on a matter of public concern;
    47    (B) personal information  that  the  eligible  individual  voluntarily
    48  publishes after the effective date of this section;
    49    (C)  personal  information  received  from  a public agency or from an
    50  agency of the federal government; and
    51    (D) permissible uses of personal information pursuant to the  Driver's
    52  Privacy Protection Act (18 U.S.C. § 2721 et seq.), except that no eligi-
    53  ble  individual  making  a  written  request under this article shall be
    54  deemed to have given express consent to share personal  information  for
    55  the purposes of 18 U.S.C. § 2721(b), unless the written request contains
    56  an express declaration to the contrary.

        S. 8305--C                         12                         A. 8805--C
 
     1    3.  Recipient  of  notification  not  to make an eligible individual's
     2  personal information public.  After a person, business, association,  or
     3  public  or  private agency has received a notification pursuant to para-
     4  graph (c) of subdivision two of this section, they shall  have  seventy-
     5  two  hours to cease making public the personal information of the eligi-
     6  ble individual identified in such notification.
     7    4. (a) An eligible individual may seek an  injunction  or  declaratory
     8  relief  in a court of competent jurisdiction against a person, business,
     9  association, or public or private agency that, after receiving a notifi-
    10  cation pursuant to paragraph (c) of subdivision  two  of  this  section,
    11  fails  to  timely  comply with the requirements of such notification. If
    12  the court grants such injunctive or  declaratory  relief,  the  affected
    13  person,  business,  association,  or agency shall be required to pay the
    14  eligible individual's costs and reasonable attorney's fees.
    15    (b) Upon a violation of any order granting injunctive  or  declarative
    16  relief  obtained  pursuant  to  this subdivision, the court issuing such
    17  order may: (i) where the violator is a public agency, impose a fine  not
    18  exceeding  one  thousand  dollars and require the payment of court costs
    19  and reasonable attorney's fees; or (ii) where the violator is a  person,
    20  business,  association, or private agency, award damages to the affected
    21  eligible individual in an amount up to a  maximum  of  three  times  the
    22  actual damages, but not less than four thousand dollars, and require the
    23  payment of court costs and reasonable attorney's fees.
    24    5.    Notwithstanding any other provision of law, where the department
    25  of motor vehicles receives a notification pursuant to paragraph  (c)  of
    26  subdivision  two of this section, such department shall comply therewith
    27  except that, where the notification requires  the  department  to  cease
    28  making a person's address public, the department may make their business
    29  address public.
    30    §  3.  Section 120.09 of the penal law, as added by chapter 148 of the
    31  laws of 2011, is amended to read as follows:
    32  § 120.09 Assault on a judge.
    33    A person is guilty of assault on a judge when, with intent  to  [cause
    34  serious  physical  injury  and] prevent a judge from performing official
    35  judicial duties, [he or she] such person causes serious physical  injury
    36  to  such judge.   For the purposes of this section, the term judge shall
    37  mean a judge of a court of record or a justice court.
    38    Assault on a judge is a class C felony.
    39    § 4. The penal law is amended by adding a new section 120.09-a to read
    40  as follows:
    41  § 120.09-a Aggravated assault on a judge.
    42    A person is guilty of aggravated assault on a judge when, with  intent
    43  to  cause  serious  physical  injury and prevent a judge from performing
    44  official judicial duties, such person causes serious physical injury  to
    45  such  judge. For the purposes of this section, the term judge shall mean
    46  a judge of a court of record or a justice court.
    47    Aggravated assault on a judge is a class B felony.
    48    § 5. The penal law is amended by adding a new section 240.33  to  read
    49  as follows:
    50  § 240.33 Aggravated harassment of a judge.
    51    A person is guilty of aggravated harassment of a judge when:
    52    1. With intent to harass another person, the actor either:
    53    (a)  communicates, anonymously or otherwise, by telephone, by computer
    54  or any other electronic means, or by mail, or by transmitting or  deliv-
    55  ering  any  other form of communication, a threat to cause physical harm
    56  to, or unlawful harm to the property of, a person  the  actor  knows  or

        S. 8305--C                         13                         A. 8805--C
 
     1  reasonably should know is a judge, or a member of such judge's immediate
     2  family, and the actor knows or reasonably should know that such communi-
     3  cation  will  cause  such  judge to reasonably fear harm to such judge's
     4  physical  safety or property, or to the physical safety or property of a
     5  member of such judge's immediate family; or
     6    (b) causes a communication to be initiated anonymously  or  otherwise,
     7  by  telephone, by computer or any other electronic means, or by mail, or
     8  by transmitting or delivering any other form of communication, a  threat
     9  to cause physical harm to, or unlawful harm to the property of, a person
    10  the  actor  knows  or  reasonably should know is a judge, or a member of
    11  such judge's immediate family, and the actor knows or reasonably  should
    12  know  that  such  communication will cause such judge to reasonably fear
    13  harm to such person's physical safety or property, or  to  the  physical
    14  safety or property of a member of such judge's immediate family; or
    15    2.  With  intent  to  harass  or  threaten a person the actor knows or
    16  reasonably should know is a judge or a member of such judge's  immediate
    17  family,  the actor makes a telephone call, whether or not a conversation
    18  ensues, with no purpose of legitimate communication; or
    19    3. With the intent to harass, annoy, threaten or alarm  a  person  the
    20  actor  knows  or  reasonably  should know is a judge or a member of such
    21  judge's immediate family, the actor strikes, shoves, kicks, or otherwise
    22  subjects another person to physical contact, or attempts or threatens to
    23  do the same because of a belief or perception  regarding  such  person's
    24  race,  color,  national  origin,  ancestry,  gender,  gender identity or
    25  expression, religion, religious  practice,  age,  disability  or  sexual
    26  orientation,  regardless of whether the belief or perception is correct;
    27  or
    28    4. With the intent to harass, annoy, threaten or alarm  a  person  the
    29  actor  knows  or  reasonably  should know is a judge or a member of such
    30  judge's immediate family, the actor strikes, shoves, kicks or  otherwise
    31  subjects  another  person  to  physical contact thereby causing physical
    32  injury to such person or to an immediate family member of  such  person;
    33  or
    34    5.  The  actor  commits  the  crime  of harassment in the first degree
    35  against a person the actor knows or reasonably should know is a judge or
    36  a member of such  judge's  immediate  family  and  has  previously  been
    37  convicted  of  the crime of harassment in the first degree as defined by
    38  section 240.25 of this article within the preceding ten years.
    39    For purposes of this section: "judge" shall mean a judge of a court of
    40  record or a justice court; and "immediate family" shall  have  the  same
    41  meaning as defined in section 120.40 of this chapter.
    42    Aggravated harassment of a judge is a class E felony.
    43    §  6.  Section  3-220  of  the election law is amended by adding a new
    44  subdivision 8 to read as follows:
    45    8. Where a board of elections  receives  a  notification  pursuant  to
    46  paragraph  (c) of subdivision two of section eight hundred fifty-nine of
    47  the judiciary law, such  board  of  elections  shall  comply  with  such
    48  notification,   except that where the notification requires the board of
    49  elections to cease making a person's address public,  such  board  shall
    50  not  comply  therewith  from  the date of filing of any ballot access or
    51  related document containing such address until thirty   days  after  the
    52  last day to commence a special proceeding or action with respect to such
    53  filing.
    54    §  7.  This  act shall take effect on the ninetieth day after it shall
    55  have become a law.

        S. 8305--C                         14                         A. 8805--C
 
     1                                   PART G
 
     2    Section  1.  Section  8  of  the  cannabis  law  is amended to read as
     3  follows:
     4    § 8. Establishment of an office of cannabis management. There is here-
     5  by established, within the division of alcoholic  beverage  control,  an
     6  independent  office  of  cannabis management, which shall have exclusive
     7  jurisdiction to exercise the powers and duties provided by this chapter,
     8  except as expressly authorized in sections sixteen-a of this article and
     9  one hundred thirty-one of this chapter. The office  shall  exercise  its
    10  authority by and through an executive director.
    11    §  2.  Subdivision  8 of section 10 of the cannabis law, as amended by
    12  section 9 of part UU of chapter 56 of the laws of 2023,  is  amended  to
    13  read as follows:
    14    8. To conduct regulatory inspections [during normal business hours] of
    15  any place of business, including a vehicle used for such business, where
    16  medical cannabis, adult-use cannabis, cannabis, cannabis product, canna-
    17  binoid  hemp, hemp extract products, or any products marketed or labeled
    18  as such, are cultivated, processed, stored, distributed or sold  by  any
    19  person holding a registration, license, or permit under this chapter, or
    20  by  any  person who is engaging in activity for which a license would be
    21  required under this chapter.  For  the  purposes  of  this  subdivision,
    22  "place of business" shall not include a residence or other real property
    23  not otherwise held out as open to the public or otherwise being utilized
    24  in  a  business  or commercial manner or any private vehicle on or about
    25  the same such property, unless probable cause  exists  to  believe  that
    26  such  residence,  real property, or vehicle are being used in such busi-
    27  ness or commercial manner for the activity described herein.
    28    § 3. Subdivisions 3 and 5 of  section  11  of  the  cannabis  law,  as
    29  amended  by section 10 of part UU of chapter 56 of the laws of 2023, are
    30  amended to read as follows:
    31    3. To conduct regulatory inspections [during normal business hours] of
    32  any place of business, including a vehicle used for such business, where
    33  cannabis, cannabis product, cannabinoid hemp, hemp extract products,  or
    34  any  products  marketed  or  labeled as such, are cultivated, processed,
    35  manufactured, distributed, stored, or sold, irrespective  of  whether  a
    36  registration, license, or permit has been issued under this chapter. For
    37  the  purposes of this subdivision, "place of business" shall not include
    38  a residence or other real property not otherwise held out as open to the
    39  public or otherwise being utilized in a business or commercial manner or
    40  any private vehicle on or about the same such property, unless  probable
    41  cause  exists  to believe that such residence, real property, or vehicle
    42  are being used in such business or commercial manner  for  the  activity
    43  described herein.
    44    5. To conduct regulatory inspections [during normal business hours] of
    45  any  registered,  licensed  or  permitted place of business, including a
    46  vehicle used for such business, where medical cannabis, adult-use canna-
    47  bis, cannabinoid hemp, hemp extract products, or any  products  marketed
    48  or  labeled  as  such, are cultivated, processed, stored, distributed or
    49  sold.  For the purposes of this subdivision, "place of  business"  shall
    50  not include a residence or other real property not otherwise held out as
    51  open  to the public or otherwise being utilized in a business or commer-
    52  cial manner or any private vehicle on or about the same  such  property,
    53  unless  probable cause exists to believe that such residence, real prop-
    54  erty, or vehicle are being used in such business  or  commercial  manner
    55  for the activity described herein.

        S. 8305--C                         15                         A. 8805--C

     1    §  4. Section 16 of the cannabis law is amended by adding a new subdi-
     2  vision 7 to read as follows:
     3    7.  Any request for a temporary closing order or a temporary restrain-
     4  ing order to be issued without notice in connection with  an  action  or
     5  proceeding brought pursuant to this section or section sixteen-a of this
     6  article  or  section  one  hundred thirty-eight-a of this chapter may be
     7  filed under temporary seal pending order of the court granting or refus-
     8  ing a preliminary injunction and until further order of the  court,  and
     9  the clerk shall provide a sealed index number upon request of the office
    10  or  the attorney general. If temporary sealing cannot be implemented via
    11  the court's electronic filing system, such action or proceeding shall be
    12  permitted by the court to be filed through hard copy.
    13    § 5. Section 16-a of the cannabis law, as added by section 12 of  part
    14  UU of chapter 56 of the laws of 2023, is amended to read as follows:
    15    §  16-a. Emergency relief. Following service of [a notice of violation
    16  and] an order issued by the  office  of  cannabis  management  requiring
    17  immediate  cessation  of  unlicensed  activity  under this chapter, by a
    18  local government pursuant to a  local  law  authorized  by  section  one
    19  hundred  thirty-one of this chapter or pursuant to an order issued under
    20  section 7-552 of the administrative code of the city of  New  York,  the
    21  office  of  cannabis management, or the attorney general, at the request
    22  of and on behalf of the office,  or  any  county  attorney,  corporation
    23  counsel, or local government authorized pursuant to subdivision eight of
    24  this section to bring and maintain a civil proceeding in accordance with
    25  the procedures set forth in this section, may bring and maintain a civil
    26  proceeding  in  the supreme court of the county in which the building or
    27  premises is located to permanently enjoin such unlicensed activity  when
    28  conducted,  maintained, or permitted in such building or premises, occu-
    29  pied as a place of business as described in subdivision eight of section
    30  ten of this chapter, in violation of subdivision one or one-a of section
    31  one hundred twenty-five of this chapter or subdivision eight of  section
    32  one  hundred thirty-two of this chapter, which shall constitute an unli-
    33  censed activity that presents a danger to the public health, safety, and
    34  welfare, and shall also enjoin the person or persons conducting or main-
    35  taining such unlicensed  activity,  in  accordance  with  the  following
    36  procedures:
    37    1.  Proceeding  for permanent injunction. (a) To the extent known, the
    38  owner, lessor, and lessee of a building or premises  wherein  the  unli-
    39  censed  activity  is  being conducted, maintained, or permitted shall be
    40  made defendants in the proceeding. The venue of such proceeding shall be
    41  in the county where the unlicensed activity is  being  conducted,  main-
    42  tained,  or permitted or in any venue where a respondent is located. The
    43  existence of an adequate remedy at law shall not prevent the granting of
    44  temporary or permanent relief pursuant to this section.
    45    (b) The proceeding shall name as defendants the building  or  premises
    46  wherein  the  unlicensed  activity  is  being  conducted, maintained, or
    47  permitted, by describing it by tax lot and street address and  at  least
    48  one of the owners of some part of or interest in the property.
    49    (c)  In  rem jurisdiction shall be complete over the building or prem-
    50  ises wherein the unlicensed activity is being conducted, maintained,  or
    51  permitted  by  affixing the notice of petition or order to show cause to
    52  the door of the building or premises and by mailing the notice of  peti-
    53  tion  or  order  to  show  cause by certified or registered mail, return
    54  receipt requested, to one of the owners of some part of or  interest  in
    55  the property. Proof of service shall be filed within two days thereafter
    56  with  the  clerk of the court designated in the notice of petition or as

        S. 8305--C                         16                         A. 8805--C
 
     1  set by the court in the order to show cause.  In any county where e-fil-
     2  ing is unavailable, proof of service may be mailed to the clerk. Service
     3  shall be complete upon such filing or mailing.
     4    (d)  Defendants, other than the building or premises wherein the unli-
     5  censed activity is being conducted, maintained, or permitted,  shall  be
     6  served with the notice of petition or order to show cause as provided in
     7  the  civil  practice  law  and rules or pursuant to court order. No more
     8  than thirty days prior to such service, the office shall mail a copy, by
     9  certified mail, of any [prior notice of violation or letter or] order to
    10  cease and desist relating to the unlicensed activity at the building  or
    11  premises  to  the  person  in whose name the real estate affected by the
    12  proceeding is recorded in the office of the city register or the  county
    13  clerk,  as the case may be, who shall be presumed to be the owner there-
    14  of. Such mailing shall constitute notice  to  the  owner  and  shall  be
    15  deemed to be complete upon such mailing by the office as provided above.
    16  No  more  than  fifteen days prior to such service, the office, [or] the
    17  attorney general, at the request of and  on  behalf  of  the  office  of
    18  cannabis  management,  or  any  local  government authorized pursuant to
    19  subdivision eight of this section shall verify the ongoing occupancy  of
    20  any  natural person who is a tenant of record and alleged to have caused
    21  or permitted the unlicensed activity in the building or premises wherein
    22  the unlicensed activity is alleged to have been  conducted,  maintained,
    23  or  permitted.  [If  at any time such defendants vacate such building or
    24  premises, any action or proceeding filed in accordance with these proce-
    25  dures relating to such building or premises shall be withdrawn.]
    26    (e) With respect to any proceeding commenced or to be commenced pursu-
    27  ant to this section by the office of cannabis management or the attorney
    28  general, at the request of and on behalf  of  the  office,  may  file  a
    29  notice  of  pendency pursuant to the provisions of article sixty-five of
    30  the civil practice law and rules.
    31    (f) The person in whose name the real estate affected by the  proceed-
    32  ing  is recorded in the office of the city register or the county clerk,
    33  as the case may be, shall be presumed to  be  the  owner  thereof.  Upon
    34  being  served  in  a proceeding under this section, such owner shall, to
    35  the extent known, provide to the office of cannabis  management,  within
    36  three  days,  the  names of any other owners, lessors and lessees of the
    37  building or premises that is the subject of the proceeding.  Thereafter,
    38  such owners, lessors and lessees may be made parties to the proceeding.
    39    (g)  Whenever  there is evidence that a person was the manager, opera-
    40  tor, supervisor or, in any other way, in charge of the premises, at  the
    41  time the unlicensed activity was being conducted, maintained, or permit-
    42  ted,  such  evidence shall be presumptive that [he or she was] they were
    43  an agent or employee of the owner or lessee of the building or premises.
    44    (h) A defendant shall furnish to any other  party,  within  five  days
    45  after a demand, a verified statement identifying:
    46    (i)  If  the  responding  party is a natural person, such party's: (1)
    47  full legal name; (2) date of birth; (3) current home or business  street
    48  address;  and  (4)  a  unique  identifying number from: (A) an unexpired
    49  passport; (B) an unexpired state driver's license; or (C)  an  unexpired
    50  identification  card  or  document issued by a state or local government
    51  agency or tribal authority for the purpose  of  identification  of  that
    52  individual;
    53    (ii) If the responding party is a partnership, limited liability part-
    54  nership, limited liability company, or other unincorporated association,
    55  including  a  for  profit  or  not-for-profit membership organization or
    56  club, the information required pursuant  to  subparagraph  (i)  of  this

        S. 8305--C                         17                         A. 8805--C
 
     1  paragraph  for  each of its partners or members, as well as the state or
     2  other jurisdiction of its formation;
     3    (iii)  If  the  responding  party is a corporation, its state or other
     4  jurisdiction of incorporation, principal  place  of  business,  and  any
     5  state or other jurisdiction of which that party is a citizen;
     6    (iv)  If the responding party is not an individual, in addition to any
     7  information provided pursuant to subparagraphs (ii) and  (iii)  of  this
     8  paragraph,  and  to  the extent not previously provided, each beneficial
     9  owner of the responding party by: (1)  full  legal  name;  (2)  date  of
    10  birth;  (3)  current  home  or business street address; and (4) a unique
    11  identifying number from: (A) an unexpired  passport;  (B)  an  unexpired
    12  state driver's license; or (C) an unexpired identification card or docu-
    13  ment  issued  by  a state or local government agency or tribal authority
    14  for the purpose of identification of that individual. As  used  in  this
    15  subparagraph, the term "beneficial owner" shall have the same meaning as
    16  defined  in  31  U.S.C.  §  5336(a)(3),  as amended, and any regulations
    17  promulgated thereunder.
    18    (i) If a finding is made that the defendant has conducted, maintained,
    19  or permitted the unlicensed activity a penalty, to be  included  in  the
    20  judgment, may be awarded in an amount not to exceed ten thousand dollars
    21  for  each  day  it  is found that the defendant intentionally conducted,
    22  maintained or permitted the unlicensed  activity.  With  regard  to  any
    23  defendant conducting the referenced unlicensed activity, any such penal-
    24  ties  may  be  awarded  in addition to any penalties that may be imposed
    25  pursuant to section one hundred thirty-two of this chapter. Upon  recov-
    26  ery, such penalty shall be paid to the office of cannabis management, or
    27  to  the  county  attorney, corporation counsel, or local government that
    28  has been authorized pursuant to subdivision eight  of  this  section  to
    29  bring  and maintain a civil proceeding in accordance with the procedures
    30  set forth in this section.
    31    2. Preliminary injunction. (a) Pending a proceeding  for  a  permanent
    32  injunction  pursuant  to  this section the court may grant a preliminary
    33  injunction enjoining the unlicensed activity and the person  or  persons
    34  conducting,  maintaining,  or  permitting  the  unlicensed activity from
    35  further conducting, maintaining, or permitting the unlicensed  activity,
    36  where  the  public  health,  safety  or welfare immediately requires the
    37  granting of such injunction. A temporary closing order  may  be  granted
    38  pending a hearing for a preliminary injunction where it appears by clear
    39  and  convincing  evidence  that  unlicensed activity within the scope of
    40  this section is being conducted, maintained, or permitted and  that  the
    41  public  health, safety or welfare immediately requires the granting of a
    42  temporary closing order. A temporary restraining order  may  be  granted
    43  pending a hearing for a preliminary injunction.
    44    (b)  A  preliminary  injunction shall be enforced by the office or, at
    45  the request of the office, the attorney general. At the request  of  the
    46  office,  a  police  officer  or peace officer with jurisdiction may also
    47  enforce the preliminary injunction.
    48    (c) The office or the attorney general shall show,  by  affidavit  and
    49  such other evidence as may be submitted, that there is a cause of action
    50  for a permanent injunction abating unlicensed activity.
    51    3.  Temporary  closing  order.  (a)  If, on a motion for a preliminary
    52  injunction alleging unlicensed activity as described in this section  in
    53  a  building or premises used for commercial purposes only, the office or
    54  the attorney general demonstrates by clear and convincing evidence  that
    55  such  unlicensed  activity  is being conducted, maintained, or permitted
    56  and that the public health, safety, or welfare  immediately  requires  a

        S. 8305--C                         18                         A. 8805--C
 
     1  temporary  closing  order,  a  temporary  order closing such part of the
     2  building  or  premises  wherein  such  unlicensed  activity   is   being
     3  conducted, maintained, or permitted may be granted without notice, pend-
     4  ing  order  of the court granting or refusing the preliminary injunction
     5  and until further order of the court.  Any such closing order  may  also
     6  include  a preservation order authorizing issuance of subpoenas to third
     7  parties to preserve all  off  site  electronic  business  records.  Upon
     8  granting  a  temporary closing order, the court shall direct the holding
     9  of a hearing for the preliminary injunction  at  the  earliest  possible
    10  time  but  no  later  than three business days from the granting of such
    11  order; a decision on the motion for a preliminary  injunction  shall  be
    12  rendered  by  the  court  within  [three]  four  business days after the
    13  conclusion of the hearing.
    14    (b) Unless the court  orders  otherwise,  a  temporary  closing  order
    15  together with the papers upon which it was based and a notice of hearing
    16  for  the  preliminary injunction shall be personally served, in the same
    17  manner as a summons as provided in the civil practice law and rules.
    18    (c) A temporary closing order shall only be issued prior to a  hearing
    19  on  a  preliminary  injunction if the [building or] premises that is the
    20  subject of the closure order is used for commercial purposes only.
    21    (d) No temporary closing order shall be issued against any building or
    22  premises where, in addition to the unlicensed activity which is alleged,
    23  activity that is licensed or otherwise lawful remains in  place,  unless
    24  the  licensed  or  otherwise lawful activity is a de minimis part of the
    25  business.   In addition, no temporary  closing  order  shall  be  issued
    26  against  any building or premises which is used in part as residence and
    27  pursuant to local law or ordinance is zoned and lawfully occupied  as  a
    28  residence.
    29    4.  Temporary restraining order. (a) If, on a motion for a preliminary
    30  injunction alleging unlicensed activity as described in this section  in
    31  a  building  or premises used for commercial purposes, the office or the
    32  attorney general demonstrates by clear and convincing evidence that such
    33  unlicensed activity is being conducted,  maintained,  or  permitted  and
    34  that the public health, safety, or welfare immediately requires a tempo-
    35  rary  restraining  order,  a  temporary restraining order may be granted
    36  without notice restraining the defendants and all persons from  removing
    37  or  in  any  manner interfering with the furniture, fixtures and movable
    38  property used in conducting, maintaining or permitting  such  unlicensed
    39  activity,  including [adult-use] cannabis, cannabis product, cannabinoid
    40  hemp or hemp extract product, or any product marketed or labeled as such
    41  and from further conducting, maintaining or permitting  such  unlicensed
    42  activity,  pending  order of the court granting or refusing the prelimi-
    43  nary injunction and until further order of the court.   Any such  tempo-
    44  rary restraining order may also include a preservation order authorizing
    45  issuance  of  subpoenas  to third parties to preserve all off site elec-
    46  tronic business records. Upon granting a  temporary  restraining  order,
    47  the  court  shall  direct  the  holding of a hearing for the preliminary
    48  injunction at the earliest possible time but no later than  three  busi-
    49  ness  days from the granting of such order; a decision on the motion for
    50  a preliminary injunction shall be rendered by the  court  within  [three
    51  business] thirty calendar days after the conclusion of the hearing.
    52    (b)  Unless  the court orders otherwise, a temporary restraining order
    53  and the papers upon which it was based and a notice of hearing  for  the
    54  preliminary injunction shall be personally served, in the same manner as
    55  a  summons  as  provided  in  the civil practice law and rules, upon any

        S. 8305--C                         19                         A. 8805--C

     1  agent, employee, or other representative of the defendant business pres-
     2  ent at the time the temporary restraining order is effectuated.
     3    5.  Temporary  closing  order; temporary restraining order; additional
     4  enforcement procedures. (a) If on a motion for a preliminary injunction,
     5  the office of  cannabis  management  or  the  attorney  general  submits
     6  evidence  warranting  both  a  temporary  closing  order and a temporary
     7  restraining order, the court shall grant both orders.
     8    (b) Upon the request of the office, any police officer or peace  offi-
     9  cer with jurisdiction may assist in the enforcement of a temporary clos-
    10  ing order and temporary restraining order. Any reference to police offi-
    11  cer  or peace officer in this subdivision and subdivisions six and seven
    12  of this section shall also include  any  investigator  employed  by  the
    13  office of the attorney general.
    14    (c)  The  police  officer or peace officer serving a temporary closing
    15  order or a temporary restraining order shall forthwith make  and  return
    16  to  the  court an inventory of personal property situated in and used in
    17  conducting, maintaining, or permitting the  unlicensed  activity  within
    18  the  scope of this chapter and shall enter upon the building or premises
    19  for such purpose. Such inventory shall be taken in any manner  which  is
    20  deemed  likely  to  evidence  a  true and accurate representation of the
    21  personal property subject to such inventory including, but  not  limited
    22  to  photographing  such personal property, except that any cash found on
    23  the premises during such inventory shall  be  inventoried,  seized,  and
    24  secured  off  premises  pending  further  order of the court. Any police
    25  officer or peace officer, or any representative of the office, shall  be
    26  permitted to review and copy records.
    27    (d)  The  police  officer or peace officer serving a temporary closing
    28  order shall, upon service of the order, command all persons  present  in
    29  the  building  or  premises  to  vacate the premises forthwith. Upon the
    30  building or premises being  vacated,  the  premises  shall  be  securely
    31  locked and all keys delivered to the officer serving the order who ther-
    32  eafter  [shall] may deliver the keys to the fee owner, lessor, or lessee
    33  of the building or premises involved.  If  the  fee  owner,  lessor,  or
    34  lessee  is  not  at  the  building  or  premises when the order is being
    35  executed, the officer shall securely padlock the premises and retain the
    36  keys until the fee owner, lessor, or lessee of the  building  is  ascer-
    37  tained, in which event, the officer [shall] may deliver the keys to such
    38  owner,  lessor,  or  lessee  or retain them pending further order of the
    39  court.
    40    (e) Upon service of a temporary closing order or a temporary restrain-
    41  ing order, the police officer or peace officer shall post a copy thereof
    42  in a conspicuous place or upon one or more of  the  principal  doors  at
    43  entrances  of  such  premises  where  the  unlicensed  activity is being
    44  conducted, maintained, or permitted.  In  addition,  where  a  temporary
    45  closing  order has been granted, the officer shall affix, in a conspicu-
    46  ous place or upon one or more of the principal  doors  at  entrances  of
    47  such  premises,  a  printed notice that the premises have been closed by
    48  court order, which notice shall contain  the  legend  "closed  by  court
    49  order"  in  block  lettering of sufficient size to be observed by anyone
    50  intending or likely to enter the premises, the date of  the  order,  the
    51  court  from  which issued, and the name of the officer or agency posting
    52  the notice. In addition, where a temporary restraining  order  has  been
    53  granted,  the  police  officer or peace officer shall affix, in the same
    54  manner, a notice similar to the notice provided for  in  relation  to  a
    55  temporary  closing order except that the notice shall state that certain
    56  described activity is prohibited by court  order  and  that  removal  of

        S. 8305--C                         20                         A. 8805--C

     1  property  is  prohibited by court order. Mutilation or removal of such a
     2  posted order or such a posted notice while it remains in force, in addi-
     3  tion to any other punishment prescribed by law, shall be punishable,  on
     4  conviction,  by  a  fine  of  not  more than five thousand dollars or by
     5  imprisonment not exceeding ninety days, or by both, provided such  order
     6  or  notice contains therein a notice of such penalty. Any police officer
     7  or peace officer with jurisdiction may, upon the request of the  office,
     8  assist in the enforcement of this section.
     9    6.  Temporary  closing order; temporary restraining order; defendant's
    10  remedies. (a) A temporary closing order or a temporary restraining order
    11  [shall] may be vacated, upon notice to the  office  and  to  any  county
    12  attorney,  corporation  counsel,  or local government that may have been
    13  authorized pursuant to subdivision eight of this section  to  bring  and
    14  maintain  the  proceeding in accordance with the procedures set forth in
    15  this section, if [the] a defendant who is  the  fee  owner,  lessor,  or
    16  lessee  of  the  building  or premises shows by affidavit and such other
    17  proof as may be submitted that the unlicensed activity within the  scope
    18  of  this  chapter  has been abated and that they are also not affiliated
    19  with the person who is conducting  the  unlicensed  activity.  An  order
    20  vacating  a  temporary  closing  order  or a temporary restraining order
    21  shall include a provision authorizing the office, or any  county  attor-
    22  ney, corporation counsel, or local government, as applicable, to inspect
    23  the  building  or premises which is the subject of a proceeding pursuant
    24  to this subdivision, periodically without notice, during the pendency of
    25  the proceeding for the purpose of ascertaining whether or not the  unli-
    26  censed  activity  has  been resumed. Any police officer or peace officer
    27  with jurisdiction may, upon the request of the  office,  assist  in  the
    28  enforcement  of an inspection provision of an order vacating a temporary
    29  closing order or temporary restraining order.
    30    (b) A temporary closing order or a temporary restraining order may  be
    31  vacated by the court, upon notice to the office, or any county attorney,
    32  corporation  counsel,  or  local government, as applicable, when [the] a
    33  defendant entitled to request vacatur pursuant to paragraph (a) of  this
    34  subdivision  gives  an  undertaking  and the court is satisfied that the
    35  public health, safety, or welfare will be  protected  adequately  during
    36  the  pendency  of  the proceeding. The undertaking shall be in an amount
    37  equal to the assessed valuation of the building or  premises  where  the
    38  unlicensed  activity  is being conducted, maintained, or permitted or in
    39  such other amount as may be fixed by the court. The defendant shall  pay
    40  to  the  office  and  the  attorney  general, in the event a judgment of
    41  permanent injunction is  obtained,  their  actual  costs,  expenses  and
    42  disbursements  in  bringing and maintaining the proceeding. In addition,
    43  the defendant shall pay to the local government or law enforcement agen-
    44  cy that provided assistance in enforcing any order of the  court  issued
    45  pursuant  to  a proceeding brought under this section, its actual costs,
    46  expenses and disbursements in assisting  with  the  enforcement  of  the
    47  proceeding.
    48    7.  Permanent  injunction. (a) A judgment awarding a permanent injunc-
    49  tion pursuant to this chapter shall direct that  any  illicit  cannabis,
    50  cannabis product, cannabinoid hemp or hemp extract product, or any prod-
    51  uct  marketed  or  labeled  as  such  seized shall be turned over to the
    52  office of cannabis management or their  authorized  representative.  The
    53  judgment  may  further  direct  any police officer or peace officer with
    54  jurisdiction to seize and remove from the building or premises all mate-
    55  rial, equipment, and instrumentalities used in the creation and  mainte-
    56  nance  of the unlicensed activity and shall direct the sale by the sher-

        S. 8305--C                         21                         A. 8805--C

     1  iff of any such property in the manner provided for the sale of personal
     2  property under execution pursuant to the provisions of the  civil  prac-
     3  tice  law  and rules, if the estimated value of the property exceeds the
     4  estimated  lawful expenses of such sale, or the disposal of the property
     5  if the estimated value of the property does  not  exceed  the  estimated
     6  lawful  expenses  of such sale. The net proceeds of any such sale, after
     7  deduction of the lawful expenses involved, shall be paid to the  general
     8  fund of the state.
     9    (b)  A judgment awarding a permanent injunction pursuant to this chap-
    10  ter may direct the closing of the building or  premises  by  any  police
    11  officer  or  peace  officer with jurisdiction to the extent necessary to
    12  abate the unlicensed activity and shall direct  any  police  officer  or
    13  peace  officer  with  jurisdiction  to post a copy of the judgment and a
    14  printed notice of such closing conforming to the  requirements  of  this
    15  chapter.  The  closing directed by the judgment shall be for such period
    16  as the court may direct but in no event shall the closing be for a peri-
    17  od of more than one year from the posting of the judgment  provided  for
    18  in  this  section.    If the owner shall file a bond in the value of the
    19  property ordered to be closed and submits proof to the  court  that  the
    20  unlicensed activity has been abated and will not be created, maintained,
    21  or  permitted  for  such  period of time as the building or premises has
    22  been directed to be closed in the judgment, and also submits proof  that
    23  they are also not affiliated with the person who is conducting the unli-
    24  censed  activity,  the  court  may vacate the provisions of the judgment
    25  that direct the closing of the building or  premises.  A  closing  by  a
    26  police  officer  or  peace  officer  with  jurisdiction  pursuant to the
    27  provisions of this section shall not constitute an  act  of  possession,
    28  ownership,  or  control  by  such police officer or peace officer of the
    29  closed premises.
    30    (c) Upon the request of the  office  of  cannabis  management  or  its
    31  authorized  representative, or any county attorney, corporation counsel,
    32  or local government authorized pursuant to  subdivision  eight  of  this
    33  section  to bring and maintain a civil proceeding in accordance with the
    34  procedures set forth in this section, any police officer or peace  offi-
    35  cer with jurisdiction may assist in the enforcement of a judgment award-
    36  ing  a  permanent injunction entered in a proceeding brought pursuant to
    37  this chapter.
    38    (d) A judgment rendered awarding a permanent  injunction  pursuant  to
    39  this  chapter  shall  be and become a lien upon the building or premises
    40  named in the petition in such proceeding, such lien  to  date  from  the
    41  time of filing a notice of lis pendens in the office of the clerk of the
    42  county  wherein  the  building  or  premises is located. Every such lien
    43  shall have priority before any mortgage or other lien that exists  prior
    44  to such filing except tax and assessment liens.
    45    (e)  A judgment awarding a permanent injunction pursuant to this chap-
    46  ter shall provide, in addition to the costs and disbursements allowed by
    47  the civil practice law and rules, upon satisfactory proof  by  affidavit
    48  or  such  other evidence as may be submitted, the actual costs, expenses
    49  and disbursements of the office and the  attorney  general,  or  of  any
    50  county  attorney,  corporation  counsel,  or local government authorized
    51  pursuant to subdivision eight of this section to bring  and  maintain  a
    52  civil  proceeding  in  accordance  with the procedures set forth in this
    53  section, in bringing and maintaining the proceeding.
    54    8. Civil proceedings. In addition to the  authority  granted  in  this
    55  section  to  the office of cannabis management and the attorney general,
    56  any county attorney, corporation counsel, or local government  in  which

        S. 8305--C                         22                         A. 8805--C
 
     1  such  building  or  premises  is  located  may, seven days or more after
     2  providing notice to the office of cannabis management [grants permission
     3  in writing], bring and maintain a civil proceeding in the supreme  court
     4  of the county in which the building or premises is located to permanent-
     5  ly  enjoin  the  unlicensed  activity  described in this section and the
     6  person or persons conducting or maintaining such unlicensed activity, in
     7  accordance with the procedures set forth in  this  section.  The  office
     8  shall  be permitted to intervene as of right in any such proceeding. Any
     9  such governmental entity which obtains a permanent  injunction  pursuant
    10  to this chapter shall be awarded, in addition to the costs and disburse-
    11  ments  allowed  by  the  civil practice law and rules, upon satisfactory
    12  proof by affidavit or such other  evidence  as  may  be  submitted,  any
    13  penalties  awarded pursuant to paragraph (i) of subdivision one or para-
    14  graph (e) of subdivision five of this  section  and  the  actual  costs,
    15  expenses  and  disbursements in bringing and maintaining the proceeding.
    16  The authority provided by this subdivision shall be in addition to,  and
    17  shall  not  be  deemed  to diminish or reduce, any rights of the parties
    18  described in this section [under existing law] for any violation  pursu-
    19  ant to this chapter or any other law.
    20    §  6.  Subdivision  3 of section 17 of the cannabis law, as amended by
    21  section 13 of part UU of chapter 56 of the laws of 2023, is  amended  to
    22  read as follows:
    23    3. Notice and right of hearing as provided in the state administrative
    24  procedure act shall be served at least fifteen days prior to the date of
    25  the  hearing,  provided  that,  whenever because of danger to the public
    26  health, safety or welfare it appears prejudicial to the interests of the
    27  people of the state to delay action for fifteen days or with respect  to
    28  a  violation  of subdivision one or one-a of section one hundred twenty-
    29  five of this chapter, the board may serve the respondent with  an  order
    30  requiring  certain  action [or], the cessation of certain activities, or
    31  the sealing of a premises immediately or within a  specified  period  of
    32  less  than fifteen days, in accordance with the provisions of this chap-
    33  ter.  Whenever a notice of violation or order has been served, including
    34  an order to seal, the respondent shall be  provided  an  opportunity  to
    35  request  a  hearing pursuant to the procedures established by the office
    36  and in accordance with the state administrative procedure  act  and  the
    37  provisions of this chapter.
    38    §  7. Subdivisions 5, 6, 7 and 8 of section 17 of the cannabis law are
    39  renumbered subdivisions 7, 8, 9 and 10 and two new subdivisions 5 and  6
    40  are added to read as follows:
    41    5.  Upon  a  demand  by  the office, a respondent shall furnish to the
    42  office, within five days after a demand, or sooner  if  the  hearing  is
    43  scheduled less than five days from the date of demand, a verified state-
    44  ment setting forth:
    45    (a)  If the respondent is a natural person, the respondent's: (i) full
    46  legal name; (ii) date of birth; (iii) current home  or  business  street
    47  address;  and  (iv)  a  unique identifying number from: (1) an unexpired
    48  passport; (2) an unexpired state driver's license; or (3)  an  unexpired
    49  identification  card  or  document issued by a state or local government
    50  agency or tribal authority for the purpose  of  identification  of  that
    51  individual;
    52    (b) If the respondent is a partnership, limited liability partnership,
    53  limited  liability company, or other unincorporated association, includ-
    54  ing a for profit or not-for-profit membership organization or club,  the
    55  information  required  pursuant to paragraph (a) of this subdivision for

        S. 8305--C                         23                         A. 8805--C

     1  all of its partners or members, as well as the state or other  jurisdic-
     2  tion of its formation;
     3    (c)  If  the respondent is a corporation, its state or other jurisdic-
     4  tion of incorporation, principal place of business,  and  any  state  or
     5  other jurisdiction of which the respondent is a citizen;
     6    (d)  If the respondent is not an individual, in addition to any infor-
     7  mation provided pursuant to paragraphs (b) and (c) of this  subdivision,
     8  and  to the extent not previously provided, each beneficial owner of the
     9  respondent by: (i) full legal name; (ii) date of  birth;  (iii)  current
    10  home  or  business  street address; and (iv) a unique identifying number
    11  from: (1)  an  unexpired  passport;  (2)  an  unexpired  state  driver's
    12  license; or (3) an unexpired identification card or document issued by a
    13  state  or local government agency or tribal authority for the purpose of
    14  identification of that individual. As used in  this  section,  the  term
    15  "beneficial owner" shall have the same meaning as defined in 31 U.S.C. §
    16  5336(a)(3), as amended, and any regulations promulgated thereunder.
    17    6.  Prior  to  a hearing, the office may, at its discretion, request a
    18  stay of any proceeding and the board or those designated by  them  shall
    19  grant such request. The initiation of any action, by or on behalf of the
    20  office,  in  state  or  federal  court on matters directly or indirectly
    21  related to the subject of any pending administrative  proceeding  shall,
    22  upon  a request by the office, provide sufficient basis for an immediate
    23  stay of such administrative proceeding.
    24    § 8. Subdivision 8 of section 17 of the cannabis law,  as  amended  by
    25  section  13  of part UU of chapter 56 of the laws of 2023, and as renum-
    26  bered by section seven of this act, is amended to read as follows:
    27    8. Following a hearing, the board may make appropriate  determinations
    28  and  issue  a  final  order  in accordance therewith. Any such order may
    29  include financial penalties as well as injunctive relief,  including  an
    30  order  to seal a premises in accordance with section one hundred thirty-
    31  eight-b of this chapter. The respondent and the office shall have thirty
    32  days to submit a written appeal to the board. If  [the  respondent  does
    33  not]  any  party  fails to submit a written appeal within thirty days of
    34  the determination of the board the order shall be final.
    35    § 9. Subdivision 1 of section 125 of the cannabis law is amended and a
    36  new subdivision 1-b is added to read as follows:
    37    1. No person shall cultivate, process, distribute for sale or sell  at
    38  wholesale or retail or deliver to consumers any cannabis, cannabis prod-
    39  uct,  medical  cannabis  or cannabinoid hemp or hemp extract product, or
    40  any product marketed or  labeled  as  such,  within  the  state  without
    41  obtaining  the  appropriate  registration,  license,  or permit therefor
    42  required by this chapter unless otherwise authorized by law.
    43    1-b. Any activity conducted in violation of subdivision one  or  one-a
    44  of this section presents a danger to public health, safety, and welfare.
    45    §  10.  Section  131  of  the  cannabis law is amended by adding a new
    46  subdivision 3 to read as follows:
    47    3. (a) As used in this subdivision and for purposes of any  local  law
    48  adopted  pursuant  to  it,  the following terms shall have the following
    49  meanings: "person" shall have the meaning provided  for  in  subdivision
    50  forty-a  of  section  three of this chapter; "unlicensed activity" shall
    51  refer only to unlawfully selling  cannabis,  cannabis  product,  or  any
    52  product  marketed  or  labeled as such without obtaining the appropriate
    53  registration, license, or permit therefor, or engaging  in  an  indirect
    54  retail  sale; "indirect retail sale" shall have the meaning provided for
    55  in subdivision forty-six-a of section three of this chapter, except that
    56  it shall not include cannabinoid hemp or hemp extract product; "place of

        S. 8305--C                         24                         A. 8805--C
 
     1  business" shall not include a  residence  or  other  real  property  not
     2  otherwise  held out as open to the public or otherwise being utilized in
     3  a business or commercial manner, or  any  vehicle  associated  with  the
     4  business,  unless  probable cause exists to believe that such residence,
     5  real property, or vehicle, is being used in such business or  commercial
     6  manner for the unlicensed activity.
     7    (b) Any county or city may adopt a local law authorizing an officer or
     8  agency  to  conduct  regulatory  inspections  of  any  place of business
     9  located within the county or city, including a  vehicle  used  for  such
    10  business,  not listed on the directory maintained by the office pursuant
    11  to subdivision thirteen of section eleven  of  this  chapter.  Any  such
    12  regulatory  inspection  shall only occur during the operating hours of a
    13  place of business and be conducted for purposes of civil  administrative
    14  enforcement  with  respect to premises lacking applicable registrations,
    15  licenses or permits issued pursuant to this chapter, and in  furtherance
    16  of  its  purposes, provided that nothing herein shall limit any enforce-
    17  ment action under law when illegal activity is observed or occurs during
    18  such inspection.
    19    (c) A local law adopted by a county authorizing regulatory inspections
    20  shall not apply in any city included within the boundaries of such coun-
    21  ty that adopts a local law  authorizing  regulatory  inspections  within
    22  such city.
    23    (d)  The  local  law  adopted  by  a county or a city pursuant to this
    24  subdivision shall also:
    25    (i) require  procedures  sufficient  to  ensure  that  any  regulatory
    26  inspections  are conducted in a reasonable manner, are administrative in
    27  nature, designed to detect administrative violations, in furtherance  of
    28  the regulatory scheme established pursuant to this section, and designed
    29  to guarantee certainty and regularity of application;
    30    (ii)  designate a local official who shall serve as the liaison to the
    31  office and who shall: (1) be required to  ensure  that  updates  to  the
    32  directory  are  immediately incorporated into the local inspection proc-
    33  ess, coordinate with the office on efforts to  inspect  such  unlicensed
    34  businesses  and  related  local  enforcement efforts; (2) send bi-weekly
    35  reports to the office in a manner and format prescribed  by  the  office
    36  detailing  recent  enforcement  efforts, including information regarding
    37  the number and location of inspections conducted, notices  of  violation
    38  issued,  and  orders  to  seal  issued  and executed, and the amount and
    39  nature of the cannabis, cannabis products, or products marketed as  such
    40  seized;  and  (3)  serve  as  the  primary  contact  for  the  office in
    41  connection with the office's training program and the sharing of materi-
    42  als made available to counties and cities with regard to the  inspection
    43  and enforcement of unlicensed cannabis businesses;
    44    (iii)  be  filed  with  the office, as well as any procedures or regu-
    45  lations promulgated pursuant  to  the  local  law.  Notwithstanding  the
    46  effective  date  of  any  such local law, the local law shall not become
    47  effective until ten days after it is filed with the office;
    48    (iv) establish a system for receiving complaints  of  such  unlicensed
    49  activity by any business within the county or city, as the case may be;
    50    (v) provide that any person who engages in the unlawful sale of canna-
    51  bis, cannabis product, or any product marketed or labeled as such, or in
    52  indirect  retail  sales, shall be subject to a civil penalty of not less
    53  than one hundred dollars and not more than ten thousand dollars for each
    54  day during which such violation continues, with a maximum penalty of  no
    55  more than twenty-five thousand dollars. The penalty provided for in this
    56  subparagraph  may  be recovered by an action or proceeding in a court of

        S. 8305--C                         25                         A. 8805--C
 
     1  competent jurisdiction brought by the county or city    to  enforce  the
     2  notice  of  violation  referred to in clause one of subparagraph (vi) of
     3  this paragraph; and
     4    (vi)  provide that the officer or agency designated to conduct regula-
     5  tory inspections of any place of business not listed  on  the  directory
     6  maintained by the office shall have the authority to:
     7    (1) issue a notice of violation and order to cease unlicensed activity
     8  setting forth the nature of the unlawful conduct along with any fines or
     9  penalties  for such conduct in amounts not to exceed the fines set forth
    10  in subparagraph (v) of this paragraph and order any person who is unlaw-
    11  fully selling cannabis, cannabis product, or  any  product  marketed  or
    12  labeled as such without obtaining the appropriate registration, license,
    13  or  permit  therefor, or engaging in indirect retail sale, to cease such
    14  prohibited conduct, provided that any such notice of violation and order
    15  to cease unlicensed activity may only be  issued  against  the  business
    16  that is conducting the unlicensed activity or an individual owner of the
    17  business. Any notice of violation and order to cease unlicensed activity
    18  shall be served by delivery of the order to the owner of the business or
    19  other person of suitable age or discretion in actual or apparent control
    20  of the premises at the time of the inspection and shall be posted at the
    21  building  or  premises that have been sealed, secured and closed. A copy
    22  of the order shall also be mailed to any address for the  owner  of  the
    23  business  at  any  address provided by the person to whom such order was
    24  delivered pursuant to this paragraph;
    25    (2) seize any cannabis, cannabis product, or any product  marketed  or
    26  labeled  as  such,  found  in  the possession of a person engaged in the
    27  conduct described in clause one of this subparagraph and in their  place
    28  of  business, including a vehicle used for such business, providing that
    29  the business that is conducting the unlicensed activity or an individual
    30  owner of the business, maintain documentation of the chain of custody of
    31  such seized products, and ensure that such products are properly stored,
    32  catalogued, and safeguarded until such time  as  they  may  properly  be
    33  destroyed by the county or the city;
    34    (3)  issue  an  order to seal the building or premises of any business
    35  engaged in unlicensed activity, when such activity is  conducted,  main-
    36  tained,  or  permitted in such building or premises, occupied as a place
    37  of business subject to the procedures and requirements set forth in this
    38  subparagraph:
    39    A. The officer or agency may issue an order to seal with an  immediate
    40  effective  date  if such order is based upon a finding by the officer or
    41  agency of an imminent threat to the public health, safety, and welfare.
    42    B. Any order to seal shall be served by delivery of the order  to  the
    43  owner  of  the business or other person of suitable age or discretion in
    44  actual or apparent control of the premises at the time of the inspection
    45  and shall be posted at the building or premises that have  been  sealed,
    46  secured  and  closed.  A  copy  of the order shall also be mailed to any
    47  address for the owner of the business provided by  the  person  to  whom
    48  such  order  was  delivered  pursuant to this paragraph. The order shall
    49  remain in effect pending a hearing and final determination of  a  court,
    50  or  until such order is vacated by the officer or agency pursuant to the
    51  local law adopted pursuant to this subdivision. An order to  seal  shall
    52  explicitly  state that a request for a hearing may be submitted in writ-
    53  ing to the corporation counsel or to the county attorney  as  applicable
    54  within  seven  days.  Upon  receiving  such a request for a hearing, the
    55  corporation counsel or county attorney shall file a copy of the  request

        S. 8305--C                         26                         A. 8805--C
 
     1  with  the  clerk of the city court or county court in the city or county
     2  where the building or premises is located.
     3    C.  The  court  that receives notice of a request for a hearing from a
     4  corporation counsel or a county attorney shall  fix  the  date  of  such
     5  hearing  no  later than three business days from the date such notice is
     6  received by the court and provide notice to the  parties  of  the  date,
     7  time,  and  location  of the hearing. Upon such date, or upon such other
     8  date to which the proceeding  may  be  adjourned  by  agreement  of  the
     9  parties,  the  court shall hear testimony and receive evidence presented
    10  by the parties. The city or county, as applicable, and the  person  that
    11  requested  the  hearing  shall be parties to the proceeding. Within four
    12  business days of the conclusion of the hearing, the court shall  make  a
    13  determination as to: (i) whether the person upon which the order to seal
    14  was  issued  was  engaged  in unlicensed activity, (ii) if the person is
    15  found to have engaged in unlicensed activity, then  whether  such  unli-
    16  censed activity presents an imminent threat to public health, safety and
    17  welfare  according  to  subdivision  four of section one hundred thirty-
    18  eight-b of this article, and (iii) whether the   unlicensed activity  as
    19  described in this section is more than a de minimis part of the business
    20  activity  on  the   premises or in the building to be sealed pursuant to
    21  the order. However, when an order to seal has been issued upon a  second
    22  or subsequent inspection in which unlicensed activity is confirmed to be
    23  continuing  more  than ten calendar days after a notice of violation and
    24  order to cease unlicensed activity was previously issued, the court need
    25  only determine: (i) whether the person upon which the order to seal  was
    26  issued  was  engaged  in  unlicensed  activity; (ii) whether a notice of
    27  violation and order to cease unlicensed activity had been issued  eleven
    28  or  more  days  prior  to  the  issuance of the order to seal; and (iii)
    29  whether the order to seal was issued in compliance with paragraph (a) of
    30  subdivision six of section one hundred thirty-eight-b of  this  article.
    31  If  the  court determines that an order to seal was not properly issued,
    32  the court shall vacate such order. If the court  is  satisfied  that  an
    33  order  to  seal  was  properly  issued,  the court may render a judgment
    34  affirming the issuance of an order to seal, and direct  the  closing  of
    35  the  building  or  premises  by any police officer or peace officer with
    36  jurisdiction to the extent necessary to abate  the  unlicensed  activity
    37  and  shall  direct any police officer or peace officer with jurisdiction
    38  to post a copy of the judgment and a  printed  notice  of  such  closing
    39  conforming  to the requirements of this chapter. The closing directed by
    40  the judgment shall be for such period as the court may direct but in  no
    41  event  shall  the closing be for a period of more than one year from the
    42  posting of the judgment provided for in this section. Failure of a party
    43  that requested a hearing to appear at  the  hearing  will  result  in  a
    44  default  and order of sealing to remain in effect for such period as the
    45  court may direct but in no event shall the order  be  in  effect  for  a
    46  period  of  more  than  one year from the posting of the judgment unless
    47  otherwise vacated pursuant to the local law  adopted  pursuant  to  this
    48  subdivision.
    49    D.  The  local law adopted pursuant to this subdivision shall include,
    50  without alteration the provisions of subdivisions four through twelve of
    51  section one hundred  thirty-eight-b  of  this  article.  Any  provisions
    52  adopted  by a local law to the contrary shall be considered specifically
    53  preempted by this paragraph, provided however  that  a  county  or  city
    54  shall be permitted to substitute the officer or agency authorized by the
    55  county  or  city  to  conduct  regulatory  inspections  pursuant to this
    56  subsection for any reference to the office or board;

        S. 8305--C                         27                         A. 8805--C
 
     1    (4) seek injunctive relief against any person engaging in  conduct  in
     2  violation  of  this  section,  including  through  an action pursuant to
     3  section sixteen-a of this chapter.
     4    (e)  Upon  a  demand  by the county or city, a respondent or defendant
     5  shall provide to the county or city  prior  to  a  hearing  pursuant  to
     6  subparagraph  (v)  of  paragraph  (d) of this subdivision or an order to
     7  seal pursuant to clause three of subparagraph (vi) of paragraph  (d)  of
     8  this subdivision, within five days after a demand or sooner if a hearing
     9  is  scheduled  less  than  five days from the date of demand, a verified
    10  statement setting forth:
    11    (i) If the responding party is a natural  person,  such  party's:  (1)
    12  full  legal  name;  (2)  date  of birth; (3) current  home  or  business
    13  street  address;  and (4) a unique identifying number from: (A) an unex-
    14  pired passport; (B) an unexpired state driver's license; or (C) an unex-
    15  pired identification card or document issued by a state or local govern-
    16  ment  agency  or  tribal  authority for the purpose of identification of
    17  that individual;
    18    (ii) If the responding party is a partnership, limited liability part-
    19  nership, limited liability company, or other unincorporated association,
    20  including  a  for  profit  or  not-for-profit membership organization or
    21  club, the information required pursuant  to  subparagraph  (i)  of  this
    22  paragraph  for  all  of its partners or members, as well as the state or
    23  other jurisdiction of its formation;
    24    (iii)  If  the  responding  party   is   a corporation, its  state  or
    25  other  jurisdiction  of incorporation, principal   place   of  business,
    26  and any  state or other jurisdiction of which that party is a citizen;
    27    (iv)  If  the responding party is not an individual,  in  addition  to
    28  any  information  provided  pursuant  to subparagraphs (ii) and (iii) of
    29  this paragraph, and to the extent not previously provided, each  benefi-
    30  cial owner of  the  responding  party  by: (A) full legal name; (B) date
    31  of birth; (C) current home or business street address; and (D) a  unique
    32  identifying  number from: (1) an unexpired passport;  (2)  an  unexpired
    33  state driver's  license;  or  (3) an unexpired  identification  card  or
    34  document issued by a state or local government agency or tribal authori-
    35  ty  for  the  purpose  of  identification of that individual. As used in
    36  this section, the term "beneficial owner" shall have the same meaning as
    37  defined in 31 U.S.C. §  5336(a)(3),  as  amended,  and  any  regulations
    38  promulgated thereunder.
    39    (f)  Notwithstanding  any provision to the contrary in this section, a
    40  city with a  population  of  more  than  one  million  may  enforce  any
    41  violations,  orders  to  cease, and orders to seal related to unlicensed
    42  activity through an administrative hearing process.
    43    § 11. Title 7 of the administrative code of the city of  New  York  is
    44  amended by adding a new chapter 5-A to read as follows:
    45                                 CHAPTER 5-A
    46                            CANNABIS ENFORCEMENT
    47  Section 7-551 Cannabis law violation.
    48          7-552 Local authority respecting unlicensed cannabis businesses.
    49          7-553 Local authority.
    50    § 7-551 Cannabis  law  violation.  a.  Any  person  who engages in any
    51  conduct prohibited by subdivision one or one-a of  section  one  hundred
    52  twenty-five of the cannabis law, except to the extent that such subdivi-
    53  sions apply to cultivation, processing, cannabinoid hemp or hemp extract
    54  products,  or subdivision one or eight of section one hundred thirty-two
    55  of the cannabis law, except as to  the  extent  that  such  subdivisions
    56  shall  apply  to cultivation, shall be subject to a civil penalty of not

        S. 8305--C                         28                         A. 8805--C

     1  less than one hundred dollars and not more than ten thousand dollars for
     2  each day during which such violation continues, with a  maximum  penalty
     3  of  no more than twenty-five thousand dollars with respect to each civil
     4  summons,  provided  that any notice of violation and penalty may only be
     5  issued against the business that is conducting the  unlicensed  activity
     6  or  an individual owner of the business. Upon default by reason of fail-
     7  ure to appear on a designated hearing date or a subsequent date  follow-
     8  ing  an  adjournment,  the  penalty  shall  be ten thousand dollars with
     9  respect to each civil summons.
    10    b. This section may be enforced by the office of the city sheriff.
    11    c. Violations of this section  may  be  adjudicated  in  a  proceeding
    12  before  the  office  of  administrative  trials and hearings pursuant to
    13  chapter forty-five-A of the charter, and may be adjudicated by any divi-
    14  sion or tribunal designated by such office. Any decision of such  office
    15  imposing a civil penalty, whether the adjudication was had by hearing or
    16  upon  default  or  otherwise,  shall  constitute a judgment which may be
    17  entered by such office in the civil court of the city of New York or any
    18  other place provided for the entry of civil judgments within  the  state
    19  and  may be enforced without court proceedings in the same manner as the
    20  enforcement of money  judgments  entered  in  civil  actions;  provided,
    21  however, that no such judgment shall be entered which exceeds the sum of
    22  twenty-five  thousand dollars, and that the terms and limitations appli-
    23  cable to entry of final orders imposing penalties  pursuant  to  section
    24  one  thousand  forty-nine-a of the charter shall apply to entry of final
    25  orders  imposing  penalties  pursuant  to  this  subdivision;   provided
    26  further,  that clause (i) of subparagraph (a) of paragraph two of subdi-
    27  vision d of such section may be utilized in connection with  service  of
    28  civil  summonses  notwithstanding  any  inconsistent  provision  of such
    29  clause; and provided still further,  that  such  terms  and  limitations
    30  shall not be deemed conditions upon the service or enforcement of orders
    31  of the office of the city sheriff, or of civil summonses other than as a
    32  condition of entry as judgments pursuant to this subdivision.
    33    d.  The  office  of the city sheriff may move to amend any judgment to
    34  designate a judgment debtor by the correct legal name in accordance with
    35  rules promulgated by the office of administrative trials and hearings.
    36    e. Prior to a hearing, a respondent shall furnish to the office of the
    37  city sheriff, within five days after a demand, or sooner if  practicable
    38  where  the  hearing  is  scheduled  less than five days from the date of
    39  demand, a verified statement setting forth the information specified  in
    40  subdivision five of section seventeen of the cannabis law.
    41    f.  As  used  in  this  section and section 7-552, the following terms
    42  shall have the following meanings:  "unlicensed  activity"  shall  refer
    43  only  to  unlawfully  selling cannabis, cannabis product, or any product
    44  marketed or labeled as such without obtaining the appropriate  registra-
    45  tion,  license,  or  permit  therefor, or engaging in an indirect retail
    46  sale; "indirect retail sale" shall have  the  meaning  provided  for  in
    47  subdivision  forty-six-a  of  section  three of the cannabis law, except
    48  that it shall not include cannabinoid hemp or hemp extract product.
    49    § 7-552 Local authority respecting unlicensed cannabis businesses.  a.
    50  The office of the city sheriff shall have the authority to conduct regu-
    51  latory inspections of any place of business, including  a  vehicle  used
    52  for  such  business,  where  cannabis, cannabis product, or any products
    53  marketed or labeled as such, are sold, or offered to be sold,  where  no
    54  registration,  license, or permit has been issued pursuant to the canna-
    55  bis law. For the purposes of this subdivision, "place of business" shall
    56  not include a residence or other real property not otherwise held out as

        S. 8305--C                         29                         A. 8805--C
 
     1  open to the public or otherwise being utilized in a business or  commer-
     2  cial  manner  or any private vehicle on or about the same such property,
     3  unless probable cause exists to believe that such residence, real  prop-
     4  erty,  or  vehicle  are being used in such business or commercial manner
     5  for the activity described herein. Any such regulatory inspection shall:
     6    1. only occur during the operating hours of a place of business;
     7    2. be conducted for purposes of civil administrative enforcement  with
     8  respect  to  premises  lacking  applicable  registrations,  licenses  or
     9  permits issued pursuant to the cannabis law, and in furtherance  of  the
    10  purposes  of  such  law,  provided  that  nothing herein shall limit any
    11  enforcement action under law when illegal activity is observed or occurs
    12  during such inspection; and
    13    3. be in accordance with procedures  sufficient  to  ensure  that  any
    14  regulatory  inspections  are  conducted in a reasonable manner, and that
    15  such procedures are administrative in nature, designed to detect  admin-
    16  istrative  violations,  in  furtherance  of the regulatory scheme estab-
    17  lished pursuant to this section, and designed to guarantee certainty and
    18  regularity of application.
    19    b. The office of the city sheriff shall have the authority to:
    20    1. Order any person who is engaged in conduct  prohibited  by  section
    21  7-551  to cease such prohibited conduct, provided that any such order to
    22  cease may only be issued against the business  that  is  conducting  the
    23  unlicensed activity or an individual owner of the business;
    24    2. Issue and execute an order to seal a building or premises where any
    25  person  is  engaged  in  conduct  prohibited  by section 7-551 and which
    26  either poses an imminent threat as  described  in  subdivision  four  of
    27  section  one hundred thirty-eight-b of the cannabis law or satisfies the
    28  conditions set forth in subdivision five of such section with respect to
    29  continuation of unlicensed activity upon a subsequent  inspection.  Such
    30  order  to seal shall be served in the same manner as section one hundred
    31  thirty-eight-b of the cannabis law. Such order to seal shall  be  refer-
    32  enced  in  the civil summons issued pursuant to section 7-551. When such
    33  an order and civil summons have been issued,  the  office  of  the  city
    34  sheriff shall have the same powers, authorities, and responsibilities as
    35  provided  to  the  office  of cannabis management pursuant to applicable
    36  provisions of section one hundred thirty-eight-b of the cannabis law not
    37  inconsistent with this chapter, provided that the return  date  of  such
    38  civil  summons,  specifying  the  hearing  date  applicable to the civil
    39  summons and the sealing order, shall be within five business days of the
    40  issuance of such summons and order, or a later  date  requested  by  the
    41  respondent  in  accordance  with  the  applicable rules of the office of
    42  administrative trials and hearings. The hearing officer of the office of
    43  administrative trials and hearings shall make a  determination  on  such
    44  civil  summons,  which  shall be deemed a final decision of such office,
    45  and shall also make a recommendation to the office of the  city  sheriff
    46  with  respect  to  whether  such  order  to  seal was properly issued in
    47  accordance with the provisions of this section. The office of  the  city
    48  sheriff  shall thereafter make a determination with respect to continua-
    49  tion of such order to seal upon  review  of  such  recommendation.  Such
    50  recommendation  of  the office of administrative trials and hearings and
    51  the determination of the office of the city sheriff  shall  be  rendered
    52  within four business days of the conclusion of such hearing; and
    53    3.  Seize  and  destroy, consistent with applicable law, any cannabis,
    54  cannabis product, or any product marketed or labeled as such,  found  in
    55  the possession of a person engaged in the conduct described in paragraph
    56  one  of this subdivision in their place of business, including a vehicle

        S. 8305--C                         30                         A. 8805--C
 
     1  used for such business, where an order as set forth  in  such  paragraph
     2  one  has  been  issued,  providing  the  person  is the business that is
     3  conducting the unlicensed activity or an individual owner of  the  busi-
     4  ness,  and maintain documentation of the chain of custody of such seized
     5  products, and ensure that such products are properly stored, catalogued,
     6  and safeguarded until such time as they may properly be destroyed by the
     7  city.
     8    c. Mutilation or removal of a posted order, posted notice,  or  secure
     9  padlock  that  is enforced or in place pursuant to this section shall be
    10  punishable in the manner specified by subdivision eight of  section  one
    11  hundred thirty-eight-b of the cannabis law.
    12    d.  The  provisions of this section shall not apply to any premises or
    13  entity that is listed in the  directory  maintained  by  the  office  of
    14  cannabis  management  pursuant to subdivision thirteen of section eleven
    15  of the cannabis law. Further, the city sheriff, or the sheriff's  desig-
    16  nee  within the office of the city sheriff or another city agency, shall
    17  serve as the liaison to the office of cannabis management to ensure that
    18  updates to such directory are immediately incorporated  into  the  local
    19  inspection  process, and shall coordinate with such office on efforts to
    20  inspect unlicensed businesses and related enforcement efforts. The  city
    21  sheriff or other designee shall:
    22    1. send bi-weekly reports to the office of cannabis management, in the
    23  manner  and  format prescribed by such office, detailing recent enforce-
    24  ment efforts undertaken pursuant to this section, including  the  number
    25  and  location of inspections conducted, notices of violation issued, and
    26  orders to seal issued and executed, and the amount  and  nature  of  any
    27  cannabis,  cannabis  products,  or  products marketed or labeled as such
    28  that were seized pursuant to this section;
    29    2. serve as the primary contact for the office of cannabis  management
    30  in  connection  with the training program of such office and the sharing
    31  of materials made available to the city with respect to  inspection  and
    32  enforcement pursuant to this section and other applicable law; and
    33    3.  file  with  the  office of cannabis management any regulations and
    34  procedures developed or adopted relating to the implementation  of  this
    35  section  and  section 7-551, as well as any subsequent local laws imple-
    36  menting section one hundred thirty-one of the cannabis law.
    37    4. The office of the city sheriff may seek to enforce  such  order  by
    38  seeking  injunctive  relief,  including  through  an  action pursuant to
    39  section sixteen-a of the cannabis law.
    40    e. Notwithstanding any inconsistent provision of law,  the  office  of
    41  the  city  sheriff may designate personnel of other agencies of the city
    42  of New York to implement powers granted to such office pursuant to  this
    43  chapter  if  such office determines that additional resources are neces-
    44  sary for the effective implementation of such powers, provided  that  no
    45  such designation pursuant to this subdivision shall confer peace officer
    46  status  on  any such designated personnel who do not otherwise have such
    47  status.
    48    f. The office of the city sheriff shall establish a system for receiv-
    49  ing complaints of unlicensed activity by any business within the city of
    50  New York.
    51    g. Any orders issued pursuant to  this  section  shall  be  served  by
    52  delivery  of  the  order to the owner of the business or other person of
    53  suitable age or discretion in actual or apparent control of the premises
    54  at the time of the inspection and shall be posted  at  the  building  or
    55  premises  that have been sealed, secured and closed. A copy of the order
    56  shall also be mailed to any address for the owner of the business at any

        S. 8305--C                         31                         A. 8805--C
 
     1  address provided by the person to whom such order was delivered pursuant
     2  to this subdivision.
     3    § 7-553 Local  authority.  Nothing  in this chapter shall preclude the
     4  enactment of local laws or rules in accordance with subdivision three of
     5  section one hundred thirty-one of the cannabis law, or any other law.
     6    § 12. Subdivision 4 of section 918 of the county law,  as  amended  by
     7  chapter 205 of the laws of 2020, is amended to read as follows:
     8    4. Any other laws to the contrary notwithstanding, the county clerk in
     9  each  of  the  counties  within  the  city of New York is authorized and
    10  empowered to maintain separate judgment docket  volumes  containing  the
    11  printed transcript or transcripts, in strict alphabetical order of judg-
    12  ment  made,  entered  and docketed in the civil court of the city of New
    13  York against individuals, corporations, and other entities on behalf  of
    14  the parking violations bureau, the environmental control board, the taxi
    15  and limousine commission, the department of consumer [affairs] and work-
    16  er  protection,  the  office  of administrative trials and hearings when
    17  acting in accordance with subdivision c of section 7-551 of the adminis-
    18  trative code of the city of New York and the commissioner of  jurors  of
    19  the  city  of  New  York,  provided that the judgments made, entered and
    20  docketed in the civil court of the city of New York against individuals,
    21  corporations, and other entities on behalf of the department of consumer
    22  [affairs] and worker protection shall be limited to final decisions  and
    23  orders  that  either  (a)  award  restitution, or monetary damages, to a
    24  consumer or worker; or (b) award such restitution, or monetary  damages,
    25  to  a  consumer  or  worker,  together with civil penalties or equitable
    26  relief. These volumes may be maintained in the form  of  computer  print
    27  outs  which  shall contain the date of judgment, the name and address of
    28  the judgment debtor or debtors, the amount of  the  judgment  and  other
    29  information  which  the  county clerk may deem necessary to sufficiently
    30  describe the parties to the action or proceeding or nature or the manner
    31  of the entry of the judgment. The county clerk may, in [his or  her]  in
    32  such clerk's discretion, in lieu of such volumes, maintain the aforemen-
    33  tioned  data  in  a  micrographic or computer retrievable format.   With
    34  respect to judgments on behalf of the  parking  violations  bureau  such
    35  volumes or other format shall be maintained pursuant to this subdivision
    36  for  only  those  individuals,  corporations,  and other entities having
    37  vehicles registered in the counties within the city of New York.
    38    § 13. Subdivisions 1 and 1-a of  section  132  of  the  cannabis  law,
    39  subdivision  1  as amended and subdivision 1-a as added by section 17 of
    40  part UU of chapter 56 of the laws  of  2023,  are  amended  to  read  as
    41  follows:
    42    1.(a)  Any  person  who  cultivates for sale, offers to sell, or sells
    43  cannabis, cannabis products, medical cannabis, or any  product  marketed
    44  or  labeled as such, without having an appropriate registration, license
    45  or permit therefor, including a person whose registration,  license,  or
    46  permit  has been revoked, surrendered or cancelled, where such person is
    47  engaging in activity for which a license would be  required  under  this
    48  chapter, may be subject to a civil penalty of not more than ten thousand
    49  dollars  for each day during which such violation continues and an addi-
    50  tional civil penalty in an amount of no more than five times the revenue
    51  from such prohibited sales or, in an amount of no more than three  times
    52  the  projected  revenue  for any such product found in the possession of
    53  such person based on the retail list price of such  products;  provided,
    54  however,  that any such person who engages in such activity from a resi-
    55  dence or other real property not otherwise  held  out  as  open  to  the
    56  public or otherwise being utilized in a business or commercial manner or

        S. 8305--C                         32                         A. 8805--C
 
     1  any  private vehicle on or about same such property, and the quantity of
     2  such product on such premises or vehicle does not exceed the  limits  of
     3  personal  use under article two hundred twenty-two of the penal law, may
     4  be subject to a civil penalty of no more than five thousand dollars.
     5    Provided,  further,  that  where such person has been ordered to cease
     6  such conduct pursuant to subdivision one of section one hundred  thirty-
     7  eight-a  of  this [chapter] article, such person may be assessed a civil
     8  penalty of no more than twenty thousand dollars per  day  for  each  day
     9  during  which  such  violation  continues  after receiving such order in
    10  addition to the additional civil penalties set  forth  above;  provided,
    11  however,  that any such person who engages in such activity from a resi-
    12  dence or other real property not otherwise  held  out  as  open  to  the
    13  public or otherwise being utilized in a business or commercial manner or
    14  any  private vehicle on or about same such property, and the quantity of
    15  such product on such premises or vehicle does not exceed the  limits  of
    16  personal  use under article two hundred twenty-two of the penal law, may
    17  be subject to a civil penalty of no more than ten thousand dollars.
    18    (b) If a person engaging in the conduct described in paragraph (a)  of
    19  this  subdivision[,]  or  subdivision  one-a  of this section refuses to
    20  permit the office or the board from performing a regulatory  inspection,
    21  such  person may be assessed a civil penalty of up to [four] eight thou-
    22  sand dollars for a first refusal and  up  to  [eight]  fifteen  thousand
    23  dollars for a second or subsequent refusal within three years of a prior
    24  refusal. If the office or board is not permitted access for a regulatory
    25  inspection pursuant to section ten or section eleven of this chapter, as
    26  applicable,  by  such  person, the attorney general, upon the request of
    27  the office or the board, shall be authorized to apply, without notice to
    28  such person, to the supreme court in the county in which  the  place  of
    29  business  is located for an order granting the office or board access to
    30  such place of business. The court may grant such an order if  it  deter-
    31  mines,  based  on evidence presented by the attorney general, that there
    32  is reasonable cause to believe that such place of business is a place of
    33  business which does not possess a valid registration, license, or permit
    34  issued by the office or board.
    35    (c) In assessing the civil penalties under this subdivision or  subdi-
    36  vision  one-a  of  this  section,  the  board  or office shall take into
    37  consideration the nature of such violation and shall  assess  a  penalty
    38  that is proportionate to the violation; provided, however, that an affi-
    39  davit  from  a  representative of the office, the office of the attorney
    40  general, or a local government, or a local police officer confirming the
    41  presence of conduct described in this subdivision or  subdivision  one-a
    42  of  this  section following an inspection by the office after the office
    43  has ordered such conduct to cease shall be  sufficient  to  establish  a
    44  prima facie case that such conduct had been continuing for each business
    45  day  between  the  initial inspection and the last observed or otherwise
    46  documented conduct.
    47    1-a. Any person [found to have] engaged in  indirect  retail  sale  in
    48  violation  of  subdivision  one-a  of section one hundred twenty-five of
    49  this [chapter] article, shall be subject to a civil penalty in an amount
    50  equaling the lesser of three times the revenue for such indirect  retail
    51  sales  or  up  to  two thousand five hundred dollars for each such sale,
    52  provided, however, that where such conduct also constitutes a  violation
    53  of  subdivision  one of this section, such person may only be subject to
    54  the civil penalties under one such subdivision, and  provided,  further,
    55  that  where  such person has been ordered to cease such conduct pursuant
    56  to subdivision one of section one hundred thirty-eight-a of  this  arti-

        S. 8305--C                         33                         A. 8805--C
 
     1  cle,  such person may be assessed a civil penalty of up to five thousand
     2  dollars for each day during which such violation continues  in  addition
     3  to any civil penalties set forth above.
     4    §  14.  Subdivisions  2, 4 and 5 of section 138-a of the cannabis law,
     5  subdivision 2 as added and subdivisions 4 and 5 as amended by section 20
     6  of part UU of chapter 56 of the laws of 2023, are amended and  nine  new
     7  subdivisions  6,  7,  8,  9,  10, 11, 12, 13 and 14 are added to read as
     8  follows:
     9    2. seize any cannabis, cannabis  product,  cannabinoid  hemp  or  hemp
    10  extract  product,  or  any product marketed or labeled as such, found in
    11  the possession of a person engaged in the conduct described in  subdivi-
    12  sion  one of this section and their place of business, including a vehi-
    13  cle used for such business;
    14    4. seek injunctive relief against any person engaging  in  conduct  in
    15  violation of this section; [and]
    16    5. request that the attorney general obtain judicial enforcement of an
    17  order issued under subdivision one of this section or bring an action or
    18  proceeding  for any relief otherwise authorized under this chapter for a
    19  violation of this chapter, including  the  recovery  of  any  applicable
    20  civil penalties[.];
    21    6.  in  connection  with any regulatory inspection or investigation or
    22  action thereafter, review, seize and copy records;
    23    7. in connection with any action  or  proceeding  authorized  by  this
    24  chapter,  request  that  the  attorney  general or any police officer or
    25  peace officer seize or remove and hold as evidence all material,  equip-
    26  ment,  and instrumentalities used in the creation and maintenance of the
    27  conduct described in subdivision one of this section;
    28    8. upon receipt of one or more complaints that a person is engaged  in
    29  conduct  described  in  subdivision one of this section or in connection
    30  with any inspection or subsequent investigation of a person  engaged  in
    31  the  conduct described in subdivision one of this section, issue subpoe-
    32  nas to any owners, managers, or employees of such person for information
    33  regarding the person and the conduct;
    34    9. with the assistance of law  enforcement,  seize  or  impound  other
    35  property used in furtherance of the conduct described in subdivision one
    36  of this section;
    37    10.  upon  an  ex parte order to a court, request the court to issue a
    38  restraining order freezing liquid assets to enforce  the  provisions  of
    39  this  section  and  section  sixteen-a  of  this chapter and section one
    40  hundred thirty-two of this article;
    41    11. in accordance with the procedures outlined in section one  hundred
    42  thirty-eight-b  of  this  chapter,  issue and execute an order to seal a
    43  building or premises of any unlicensed businesses in which any person is
    44  engaged in conduct in violation of this section or section  one  hundred
    45  twenty-five or one hundred thirty-two of this article;
    46    12. upon receipt of one or more complaints that a person is engaged in
    47  conduct  described  in subdivision one of this section, apply or request
    48  that the attorney general apply for an ex parte  order  to  the  supreme
    49  court  in  the  county  in which the place of business is located for an
    50  order granting the office or board access to  such  place  of  business.
    51  The  court  may  grant  such  an  order  it  if determines, based on the
    52  evidence presented, that there is reasonable cause to believe that  such
    53  place of business is the same place of business for which the office has
    54  received such complaints;
    55    13.  upon finding a violation of this section by a holder of a license
    56  issued by the state liquor  authority,  a  registration  issued  by  the

        S. 8305--C                         34                         A. 8805--C
 
     1  commissioner  of  taxation  and  finance  to  sell cigarettes or tobacco
     2  products at retail, a registration issued by the commissioner  of  taxa-
     3  tion  and  finance  to sell vapor products at retail, or a lottery sales
     4  agent  license  issued by the division of lottery, (a) issue a notice of
     5  violation to the holder or an agent thereof that clearly states (i) that
     6  the holder's state licenses, permits, or registrations may be at risk of
     7  revocation or suspension and (ii) that the  holder's  business  premises
     8  may  be  subject to an order to seal if upon a subsequent inspection the
     9  office finds that the violation has not been abated, and (b) notify  the
    10  agency  that issued the authorization that the holder is in violation of
    11  this section; and
    12    14. if any penalty is not paid within six  months,  enter  the  amount
    13  thereof as a judgment in the office of the clerk of the county of Albany
    14  and  in  any  other  county  in which the person resides, has a place of
    15  business, or through which it operates. If such judgment  has  not  been
    16  satisfied  within  thirty  days thereafter, no license, registration, or
    17  permit shall be issued by the board to such person for three years ther-
    18  eafter.
    19    § 15. The cannabis law is amended by adding a  new  section  138-b  to
    20  read as follows:
    21    §  138-b.  Orders  to  seal.  1.  In  addition  to any other authority
    22  conferred in this chapter, pursuant to the provisions of  this  section,
    23  the  board  or  the office shall have the authority to issue an order to
    24  seal the building or premises of  any  business  engaged  in  unlicensed
    25  activity,  when  such activity is conducted, maintained, or permitted in
    26  such building or premises, occupied as a place of business as  described
    27  in  subdivision  eight  of  section ten of this chapter, in violation of
    28  subdivision one or one-a of section one hundred twenty-five or  subdivi-
    29  sion one or eight of section one hundred thirty-two of this article.
    30    2.  Any  order to seal shall be served by delivery of the order to the
    31  owner of the business or other person of suitable age or  discretion  in
    32  actual or apparent control of the premises at the time of the inspection
    33  and  shall  be posted at the building or premises that have been sealed,
    34  secured and closed. A copy of the order shall  also  be  mailed  to  any
    35  address  for  the  owner  of the business at any address provided by the
    36  person to whom such order was delivered pursuant  to  this  subdivision.
    37  The  order  shall  remain in effect pending a hearing and final determi-
    38  nation of the board, or until such order is vacated by the office pursu-
    39  ant to subdivision six of this section. An order to seal shall explicit-
    40  ly state the procedure to request a hearing within seven days.
    41    3. The office may issue an order to seal with an  immediate  effective
    42  date  if such order is based upon a finding by the office of an imminent
    43  threat to the public health, safety, and welfare.  In such cases a hear-
    44  ing shall be held within three business days of a request for such hear-
    45  ing, unless otherwise adjourned by  agreement  of  the  parties,  and  a
    46  determination shall be rendered within four business days of the conclu-
    47  sion of such hearing, provided that the respondent has submitted a veri-
    48  fied  statement  that  may  be  required pursuant to subdivision five of
    49  section seventeen of this chapter.  Failure of a respondent to appear at
    50  the hearing will result in a default and order of sealing to  remain  in
    51  effect  for  up  to  one  year  unless otherwise vacated pursuant to the
    52  provisions of this section.
    53    4. Factors that determine an imminent threat to public health, safety,
    54  and welfare shall be limited to:
    55    (a) documented sales to minors;

        S. 8305--C                         35                         A. 8805--C
 
     1    (b) unlicensed processing of cannabis  products  at  the  building  or
     2  premises;
     3    (c)  orders  issued following an inspection wherein the person engaged
     4  in the unlicensed activity engaged  in  violent,  tumultuous,  or  other
     5  behaviors  indicating  expressed  intent to not comply with the office's
     6  order to cease the unlicensed activity;
     7    (d) documented presence of unlawful firearms at the building or  prem-
     8  ises;
     9    (e)  proximity  of  the  building  or  premises  to schools, houses of
    10  worship, or public youth facilities;
    11    (f) presence of products deemed unsafe based on reports of illness  or
    12  hospitalization; or
    13    (g)  sales  of,  or  offers  to  sell, cannabis products not tested or
    14  labeled lawfully in accordance with this chapter.
    15    5. Notwithstanding the factors listed  in  subdivision  four  of  this
    16  section  and  the  restriction set forth in paragraph (b) of subdivision
    17  six of this section, the office may issue an order to seal with an imme-
    18  diate effective date upon a second or  subsequent  inspection  in  which
    19  unlicensed activity is confirmed to be continuing more than ten calendar
    20  days  after a notice of violation and order to cease unlicensed activity
    21  was previously issued by the office, provided that the office  has  also
    22  provided notice pursuant to subparagraph (ii) of paragraph (a) of subdi-
    23  vision thirteen of section one hundred thirty-eight-a of this article.
    24    6.  An order to seal may be issued by the office or the board pursuant
    25  to subdivision three of this section only if: (a) no part of  the  prem-
    26  ises  to  be sealed is used in part as a residence and pursuant to local
    27  law or ordinance is zoned and lawfully occupied as a residence; and  (b)
    28  the  unlicensed  activity as described in this section is more than a de
    29  minimis part of the business activity on the premises or in the building
    30  to be sealed pursuant to the order.  In the event that an order to  seal
    31  may not be issued pursuant to this subdivision, the office shall issue a
    32  notice  of  violation  and  order to cease the unlicensed conduct, which
    33  shall constitute notice that such unlicensed activity must  cease  imme-
    34  diately.
    35    7. In assessing whether unlicensed activity within a building or prem-
    36  ises  is  more  than de minimis, the office or board, as relevant, shall
    37  consider factors such as any one or more of the following:
    38    (a) the presence of signs or symbols, indoors or out, advertising  the
    39  sale  of  cannabis  or otherwise indicating that cannabis is sold on the
    40  premises;
    41    (b) information  shared  in  any  advertisements  or  other  marketing
    42  content  in  connection  with  the  unlicensed business activity and any
    43  direct or indirect sales of cannabis or other conduct  in  violation  of
    44  this chapter;
    45    (c) the volume of illicit cannabis products on site; and
    46    (d) the variety of illicit cannabis products on site.
    47    8.  Upon  a request by the office, any police officer or peace officer
    48  with jurisdiction may assist in the enforcement  of  an  order  to  seal
    49  issued  by  the  office  or  the board, in accordance with the following
    50  procedures:
    51    (a) The police officer or peace  officer  serving  and  executing  the
    52  order to seal shall forthwith make and return to the office an inventory
    53  of personal property situated in and used in conducting, maintaining, or
    54  permitting  the unlicensed activity within the scope of this chapter and
    55  shall enter upon the building or premises for such purpose. Such  inven-
    56  tory  shall  be taken in any manner which is deemed likely to evidence a

        S. 8305--C                         36                         A. 8805--C
 
     1  true and accurate representation of the  personal  property  subject  to
     2  such inventory including, but not limited to photographing such personal
     3  property.
     4    (b)  The  police  officer  or  peace officer serving and executing the
     5  order to seal shall enter the building or premises and, upon service  of
     6  the  order,  command  all persons present in the building or premises to
     7  vacate the premises forthwith.  Upon  the  building  or  premises  being
     8  vacated, the premises shall be securely locked and all keys delivered to
     9  the  officer  serving the order who thereafter shall deliver the keys to
    10  the fee owner, lessor, or lessee of the building or  premises  involved.
    11  If  the  fee owner, lessor, or lessee is not at the building or premises
    12  when the order is being executed, the officer shall securely padlock the
    13  premises and retain the keys until the fee owner, lessor, or  lessee  of
    14  the  building  is ascertained, in which event, the officer shall deliver
    15  the keys to such fee owner, lessor, or lessee.
    16    (c) Upon service and execution of the order to seal, the police  offi-
    17  cer or peace officer shall post a copy thereof in a conspicuous place or
    18  upon  one  or  more of the principal doors at entrances of such premises
    19  where the unlicensed activity is being conducted, maintained, or permit-
    20  ted. In addition, the officer shall affix, in  a  conspicuous  place  or
    21  upon one or more of the principal doors at entrances of such premises, a
    22  printed notice that the premises have been closed by order of the canna-
    23  bis  control  board,  and  the name of the officer or agency posting the
    24  notice.
    25    (d) Mutilation or removal of such a posted  order  or  such  a  posted
    26  notice  while  it  remains in force, in addition to any other punishment
    27  prescribed by law, shall be punishable, on conviction, by a fine of  not
    28  more  than  five  thousand dollars or by a class B misdemeanor, or both,
    29  provided such order or notice contains therein a notice of such penalty,
    30  and shall be referred to the local district  attorney  for  enforcement.
    31  The  office shall also adhere to the procedures in this subdivision when
    32  executing an order to seal issued in accordance with this section.
    33    9. Any order to seal issued by the office or the board issued pursuant
    34  to this section shall be effective for one year from the  later  of  the
    35  posting  of  the  order or the date of the judgment provided for in this
    36  section. An order to seal shall be vacated by the office or  the  board,
    37  upon notice to the office, if the respondent submits sufficient evidence
    38  to  the  office or the board by an affidavit and such other proof as may
    39  be submitted by the respondent that the  unlicensed  activity  has  been
    40  abated.  An  order  vacating  an order to seal shall include a provision
    41  authorizing the office, or any  police  officer  or  peace  officer  who
    42  assisted  with the execution of the order to seal, to inspect the build-
    43  ing or premises without notice for the purpose of  ascertaining  whether
    44  or  not  the  unlicensed activity has been abated. Any police officer or
    45  peace officer with jurisdiction may, upon the  request  of  the  office,
    46  assist  in the enforcement of an inspection provision of an order vacat-
    47  ing an order to seal.
    48    10. The office shall mail a copy, by certified mail, of any  order  to
    49  seal  issued  by the office or board within five days following issuance
    50  of such order to the person in whose name the real  estate  affected  by
    51  the  order  is recorded in the office of the city register or the county
    52  clerk, as the case may be, who shall be presumed to be the owner  there-
    53  of.  Such  mailing  shall  constitute  notice  to the owner and shall be
    54  deemed to be complete upon such mailing by the office as provided above.
    55    11. If at any time a  respondent  vacates  the  building  or  premises
    56  subject  to  an  order  to seal issued by the office or board, or if the

        S. 8305--C                         37                         A. 8805--C
 
     1  building owner provides sufficient proof thereof, any action or proceed-
     2  ing filed in accordance with these procedures relating to such  building
     3  or premises shall be withdrawn by the office or the board without preju-
     4  dice, and any order to seal shall be vacated.
     5    12.  The  remedies  provided for in this section are not exclusive and
     6  the office or board may also request and recover penalties in accordance
     7  with other provisions in this chapter.
     8    § 16. Section 195.05 of the penal law, as amended by  chapter  269  of
     9  the laws of 1998, is amended to read as follows:
    10  § 195.05 Obstructing governmental administration in the second degree.
    11    A  person  is  guilty  of obstructing governmental administration when
    12  [he]:
    13    1. Such person intentionally obstructs, impairs or perverts the admin-
    14  istration of law or other governmental function or prevents or  attempts
    15  to  prevent  a  public  servant from performing an official function, by
    16  means of intimidation, physical force or interference, or  by  means  of
    17  any  independently  unlawful act, or by means of interfering, whether or
    18  not physical force is involved, with  radio,  telephone,  television  or
    19  other  telecommunications  systems  owned or operated by the state, or a
    20  county, city, town, village, fire district or emergency medical  service
    21  or by means of releasing a dangerous animal under circumstances evincing
    22  the actor's intent that the animal obstruct governmental administration;
    23  or
    24    2.  With  the intent to violate a closing order, order to seal, tempo-
    25  rary closing order, or temporary order to seal issued by a  governmental
    26  entity to address a public health or safety concern, such person damages
    27  or  removes  any  padlock  or  other device installed for the purpose of
    28  effectuating such order.
    29    Obstructing governmental administration is a class A misdemeanor.
    30    § 17. Subdivision 1, paragraph (b) of subdivision 2 and subdivision  4
    31  of  section  715-a  of the real property actions and proceedings law, as
    32  added by section 21 of part UU of chapter 56 of the laws  of  2023,  are
    33  amended to read as follows:
    34    1.  Any duly authorized enforcement agency of the state or of a subdi-
    35  vision thereof, under a duty to enforce the provisions of the penal  law
    36  or of any state or local law, ordinance, code, rule or regulation relat-
    37  ing  to  buildings,  or  the  cannabis control board, office of cannabis
    38  management or the attorney general pursuant to section one hundred thir-
    39  ty-eight-a of the cannabis law, may serve personally upon the  owner  or
    40  landlord  of  real  property  authorized or otherwise intended or adver-
    41  tised, in whole or part, for use to buy, sell or otherwise provide goods
    42  or services, or for other business, commercial, professional services or
    43  manufacturing activities, or upon their agent, a written notice  requir-
    44  ing  the  owner  or landlord to make an application for the removal of a
    45  commercial tenant so using or occupying the  same  for  a  violation  of
    46  article  two  hundred  twenty-two of the penal law or article six of the
    47  cannabis law involving the unlicensed  sale  of  cannabis[,  where  such
    48  property,  or  the portion thereof being used for such unlicensed activ-
    49  ity, is not occupied for  any  other  licensed  or  lawful  purpose]  or
    50  products  marketed or labeled as such. If the owner or landlord or their
    51  agent does not make such application within five  days  thereafter;  or,
    52  having  made  it,  does  not  in good faith diligently prosecute it, the
    53  enforcement agency giving the notice may bring a proceeding  under  this
    54  article  for  such  removal  as  though the petitioner were the owner or
    55  landlord of the premises, and shall have  precedence  over  any  similar
    56  proceeding thereafter brought by such owner or landlord or to one there-

        S. 8305--C                         38                         A. 8805--C
 
     1  tofore  brought by them and not prosecuted diligently and in good faith.
     2  An enforcement agency authorized to bring a petition hereunder may do so
     3  on their own initiative or upon a referral from an agency of  the  state
     4  or  a  subdivision thereof. The person in possession of the property, as
     5  well as any lessee or sublessee and the owner or landlord shall be  made
     6  respondents in the proceeding.
     7    (b)  impose  and  require  the payment by any respondent not otherwise
     8  subject to a civil penalty under section sixteen or one hundred  twenty-
     9  five of the cannabis law, who has been found to have knowingly permitted
    10  such  a violation, a civil penalty not exceeding [three]  five times the
    11  amount of rent charged, owed, or paid, as the case may be, for the dura-
    12  tion of the violation, which may be calculated from the date  the  owner
    13  or  landlord respondent received notice of the violation to the date the
    14  unlicensed activity is abated, for which a respondent shall be  required
    15  to  provide  sufficient  proof  thereof,  including but not limited to a
    16  sworn statement by a local law enforcement or other governmental  entity
    17  that the unlicensed activity has been abated; provided, however, that in
    18  a  city with a population of over one million the civil penalty shall be
    19  fifty thousand dollars.  The  landlord  or  property  owner  shall  also
    20  provide a copy of any executed lease with such tenant;
    21    4.  The use or occupancy of premises [solely or primarily] customarily
    22  or habitually for the unlicensed retail sale  of  cannabis  or  products
    23  marketed  or labeled as such shall constitute an illegal trade, manufac-
    24  ture, or other business for the purposes of section two hundred  thirty-
    25  one of the real property law.
    26    §  18.  This  act  shall  take  effect  immediately and shall apply to
    27  offenses committed on or after the date this act  shall  have  become  a
    28  law;  provided,  however,  evidence of past violations of sections 138-a
    29  and 125 of the cannabis law may be considered  when  imposing  penalties
    30  under  the  cannabis  law  or issuing orders to seal pursuant to section
    31  138-b of the cannabis law established pursuant  to  section  fifteen  of
    32  this  act;  and provided, however that the amendments to section 16-a of
    33  the cannabis law made by section five of this act shall not  affect  the
    34  repeal of such section and shall be deemed repealed therewith.
 
    35                                   PART H

    36    Section  1. The opening paragraph of subdivision 1 of section 110-b of
    37  the alcoholic beverage control law, as amended by  chapter  222  of  the
    38  laws of 2019, is amended to read as follows:
    39    Not  [less  than  thirty nor] more than two hundred [and] seventy days
    40  before filing any of the  following  applications,  an  applicant  shall
    41  notify  the municipality in which the premises is located of such appli-
    42  cant's intent to file such an application:
    43    § 1-a. Section 110-b of the alcoholic beverage control law is  amended
    44  by adding two new subdivisions 1-a and 1-b to read as follows:
    45    1-a.  The  proof of notification, provided for in subdivisions six and
    46  six-a of this section, must be provided  at  the  time  of  application;
    47  failure to so provide shall constitute good cause for denial.
    48    1-b.  The  authority may not act to approve any application subject to
    49  this section prior to the passage of thirty days from the date notifica-
    50  tion was provided to the municipality.
    51    § 2. Subdivision 1 of section 98 of  the  alcoholic  beverage  control
    52  law,  as  amended by chapter 703 of the laws of 2022, is amended to read
    53  as follows:

        S. 8305--C                         39                         A. 8805--C
 
     1    1. The liquor authority is hereby authorized  to  issue  to  a  retail
     2  licensee  for on-premises consumption or a licensed off-premises caterer
     3  furnishing provisions and service for  use  at  a  particular  function,
     4  occasion  or event in a hotel, restaurant, club, ballroom or other prem-
     5  ises  a  temporary  [indoor] permit effective for a period not to exceed
     6  twenty-four consecutive hours, which  shall  authorize  the  service  of
     7  alcoholic  beverages  at  such  function,  occasion  or event within the
     8  hours, fixed by or pursuant to subdivision five of section  one  hundred
     9  six  of  this  chapter, during which alcoholic beverages may lawfully be
    10  sold or served upon premises licensed to  sell  alcoholic  beverages  at
    11  retail  for on-premises consumption in the community in which is located
    12  the premises in which such function, occasion or event is held. The  fee
    13  therefor  shall  be thirty-eight dollars. Such a permit and the exercise
    14  of the privilege granted thereby may be subjected to such rules  by  the
    15  liquor authority as it deems necessary and such rules as are in conform-
    16  ity  with  the  provisions  of  subdivision  two of this section. Such a
    17  permit may also be issued for functions, occasions or events at premises
    18  for which a summer license has been previously issued pursuant  to  this
    19  chapter.
    20    §  3.  Subdivision  1  of section 97 of the alcoholic beverage control
    21  law, as amended by section 19 of part Z of chapter 85  of  the  laws  of
    22  2002, is amended to read as follows:
    23    1.  The  liquor  authority  is  hereby  authorized  to issue temporary
    24  permits effective for a period not  to  exceed  twenty-four  consecutive
    25  hours  to  authorize  the  sale of beer [and], wine [manufactured in New
    26  York state], cider, mead and/or braggot, and liquor at outdoor or indoor
    27  gatherings, functions, occasions or events, within the hours fixed by or
    28  pursuant to subdivision five of section one hundred six of this chapter,
    29  during which alcoholic beverages may lawfully be  sold  or  served  upon
    30  premises  licensed to sell alcoholic beverages at retail for on-premises
    31  consumption in the community in which is located the premises  in  which
    32  such  gathering,  function,  occasion or event is held. The fee for such
    33  permit shall be twenty-six dollars. Such permit and the exercise of  the
    34  privilege  granted  thereby shall be subject to such rules of the liquor
    35  authority as it deems necessary.
    36    § 4. Subdivision 2 of section 105 of the  alcoholic  beverage  control
    37  law is REPEALED.
    38    §  5.  This  act shall take effect immediately, and shall apply to all
    39  applications received by the state liquor authority on  and  after  such
    40  date.  Effective  immediately,  the addition, amendment and/or repeal of
    41  any rule or regulation by the state liquor authority necessary  for  the
    42  implementation  of  this  act on its effective date are authorized to be
    43  made and completed on or before such effective date.
 
    44                                   PART I
 
    45    Section 1. The alcoholic beverage control law is amended by  adding  a
    46  new section 97-d to read as follows:
    47    §  97-d.  Temporary  wholesale  permit. 1. Any person may apply to the
    48  liquor authority for a temporary permit to operate any alcoholic  bever-
    49  age  wholesale  facility  as  may  be  licensed under this chapter. Such
    50  application shall be in writing and verified and shall contain  informa-
    51  tion  as  the  liquor authority shall require. Such application shall be
    52  accompanied by a check or draft in the amount of one hundred twenty-five
    53  dollars for such permit.

        S. 8305--C                         40                         A. 8805--C

     1    2. Upon application, the liquor authority  may  issue  such  temporary
     2  permit when:
     3    (a)  the  applicant  has  a  wholesale license application at the same
     4  premises pending before the liquor authority, together with all required
     5  filing and license fees;
     6    (b) the applicant has obtained and provided evidence of  all  permits,
     7  licenses and other documents necessary for the operation of such a busi-
     8  ness; and
     9    (c) any current license in effect at the premises has been surrendered
    10  or placed in safekeeping, or has been deemed abandoned by the authority.
    11    3. The liquor authority in granting such permit shall ensure that:
    12    (a)  issuance of the permit will not inordinately hinder the operation
    13  or effective administration of this chapter;
    14    (b) the applicant would in all likelihood be able to ultimately obtain
    15  the wholesale license being applied for; and
    16    (c) the applicant has substantially  complied  with  the  requirements
    17  necessary to obtain such license.
    18    4.  The  application  for  a permit shall be approved or denied by the
    19  liquor authority within forty-five days after the receipt of such appli-
    20  cation.
    21    5. A temporary permit shall  authorize  the  permittee  to  operate  a
    22  wholesale  facility for the purchase, warehousing, and sale of alcoholic
    23  beverages according to the laws applicable  to  the  type  of  wholesale
    24  license being applied for.
    25    6.  Such  temporary  permit  shall  remain in effect for six months or
    26  until the wholesale license  being  applied  for  is  approved  and  the
    27  license  granted,  whichever  is shorter. Such permit may be extended at
    28  the discretion of the liquor authority for additional three-month  peri-
    29  ods  of time upon payment of an additional fee of fifty dollars for each
    30  such extension.
    31    7. Notwithstanding any provision of law to the contrary,  a  temporary
    32  wholesale  permit may be summarily cancelled or suspended at any time if
    33  the liquor authority determines that  good  cause  for  cancellation  or
    34  suspension  exists.  The  liquor  authority  shall  promptly  notify the
    35  permittee in writing of such cancellation or suspension  and  shall  set
    36  forth the reasons for such action.
    37    8. The liquor authority in reviewing such application shall review the
    38  entire record and grant the temporary permit unless good cause is other-
    39  wise  shown.  A decision on an application shall be based on substantial
    40  evidence in the record and supported by a preponderance of the  evidence
    41  in favor of the applicant.
    42    §  2.    This act shall take effect immediately and shall apply to all
    43  applications filed after the date upon which it shall have become a law.
 
    44                                   PART J
 
    45    Section 1. Section 4 of chapter 118 of the laws of 2012  amending  the
    46  alcoholic  beverage  control  law relating to the powers of the chairman
    47  and members of the authority, as amended by chapter 124 of the  laws  of
    48  2021, is amended to read as follows:
    49    §  4.  This  act shall take effect immediately and shall expire and be
    50  deemed repealed [twelve] fifteen years after such date.
    51    § 2. This act shall take effect immediately.
 
    52                                   PART K

        S. 8305--C                         41                         A. 8805--C
 
     1    Section 1. Section 5 of chapter 396 of the laws of 2010  amending  the
     2  alcoholic  beverage  control  law  relating  to liquidator's permits and
     3  temporary retail permits, as amended by section 1 of part O  of  chapter
     4  55 of the laws of 2023, is amended to read as follows:
     5    §  5.  This  act  shall take effect on the sixtieth day after it shall
     6  have become a law, provided that  paragraph  (b)  of  subdivision  1  of
     7  section  97-a  of the alcoholic beverage control law as added by section
     8  two of this act shall expire and be deemed repealed October  12,  [2024]
     9  2025.
    10    § 2. This act shall take effect immediately.
 
    11                                   PART L
 
    12                            Intentionally Omitted
 
    13                                   PART M
 
    14    Section 1.  Subdivisions 2, 7 and 10, and paragraph a of subdivision 5
    15  of  section  196-b  of the labor law, as added by section 1 of part J of
    16  chapter 56 of the laws of 2020, are amended and a new subdivision 4-a is
    17  added to read as follows:
    18    2. Nothing in this section shall be construed to prohibit  or  prevent
    19  an  employer from providing an amount of sick leave, paid or unpaid,  or
    20  paid prenatal personal leave which is in excess of the requirements  set
    21  forth in subdivision one and subdivision four-a of this section, or from
    22  adopting  a  paid  leave  policy  that  provides  additional benefits to
    23  employees. An employer may elect to provide its employees with the total
    24  amount of sick leave required to fulfill  its  obligations  pursuant  to
    25  subdivision  one  of this section at the beginning of the calendar year,
    26  provided, however that no employer  shall  be  permitted  to  reduce  or
    27  revoke  any such sick leave based on the number of hours actually worked
    28  by an employee during the calendar year if such employer elects pursuant
    29  to this subdivision.
    30    4-a. In addition to the sick leave provided for in  this  section,  on
    31  and  after January first, two thousand twenty-five, every employer shall
    32  be required to provide to its employees twenty hours  of  paid  prenatal
    33  personal  leave during any fifty-two week calendar period. Paid prenatal
    34  personal leave shall mean leave  taken  for  the  health  care  services
    35  received  by an employee during their pregnancy or related to such preg-
    36  nancy, including physical examinations, medical  procedures,  monitoring
    37  and  testing, and discussions with a health care provider related to the
    38  pregnancy. Paid prenatal personal leave may be taken  in  hourly  incre-
    39  ments. Benefits for paid prenatal personal leave shall be paid in hourly
    40  installments.  Employees  shall  receive  compensation at the employee's
    41  regular rate of pay, or the applicable minimum wage established pursuant
    42  to section six hundred fifty-two of this chapter, whichever is  greater,
    43  for  the  use  of paid prenatal personal leave.  Nothing in this section
    44  shall be construed to require an employer to pay an employee for  unused
    45  paid  prenatal  leave  upon  such  employee's  termination, resignation,
    46  retirement, or other separation from employment.
    47    a. An employer may not require the disclosure of confidential informa-
    48  tion relating to a mental or physical illness, injury, or health  condi-
    49  tion  of  such employee or such employee's family member, or information
    50  relating to absence  from  work  due  to  domestic  violence,  a  sexual

        S. 8305--C                         42                         A. 8805--C
 
     1  offense,  stalking,  or  human  trafficking, as a condition of providing
     2  sick leave or paid prenatal personal leave pursuant to this section.
     3    7. No employer or [his or her] their agent, or the officer or agent of
     4  any corporation, partnership, or limited liability company, or any other
     5  person,  shall  discharge,  threaten,  penalize,  or in any other manner
     6  discriminate or retaliate against any employee because such employee has
     7  exercised [his or her] their rights afforded under this section, includ-
     8  ing, but not limited to, requesting sick leave or  paid  prenatal  leave
     9  and  using  sick  leave  or  paid  prenatal  leave,  consistent with the
    10  provisions of section two hundred fifteen of this chapter.
    11    10. Upon return to work following any  sick  leave  or  paid  prenatal
    12  leave  taken  pursuant to this section, an employee shall be restored by
    13  [his or her] their employer to the position of employment held  by  such
    14  employee  prior  to any sick leave or paid prenatal leave taken pursuant
    15  to this section with the same pay and  other  terms  and  conditions  of
    16  employment.
    17    § 2. This act shall take effect January 1, 2025.
 
    18                                   PART N
 
    19                            Intentionally Omitted
 
    20                                   PART O
 
    21                            Intentionally Omitted
 
    22                                   PART P
 
    23                            Intentionally Omitted
 
    24                                   PART Q
 
    25    Section  1.  Subdivision 2 of section 200 of the state finance law, as
    26  added by chapter 78 of the laws of 1982, is amended to read as follows:
    27    2. Notwithstanding the provisions of subdivision one of this  section,
    28  where the state and an employee organization representing state officers
    29  and  employees  who are in positions which are in collective negotiating
    30  units established pursuant to article fourteen of the civil service  law
    31  enter  into  an agreement providing for an alternative procedure for the
    32  payment of salaries to such employees or where the director of  employee
    33  relations  shall  authorize  an alternative procedure for the payment of
    34  salaries to state officers or employees in the executive branch who  are
    35  in  positions which are not in collective negotiating units, such alter-
    36  native procedure shall be implemented in lieu of the procedure specified
    37  in subdivision one of this section.  Notwithstanding any other provision
    38  of law to the contrary, where the state  and  an  employee  organization
    39  representing  officers  and employees in the executive branch who are in
    40  positions which are in collective negotiating units established pursuant
    41  to article fourteen of the civil service law enter into an agreement, or
    42  where the director of employee relations shall  authorize  for  officers
    43  and employees in the executive branch who are in positions which are not
    44  in  collective  negotiating  units,    the alternate procedure specified
    45  herein shall be terminated for officers and employees hired on or  after

        S. 8305--C                         43                         A. 8805--C
 
     1  July  first, two thousand twenty-five. The alternate procedure specified
     2  herein shall also  be  terminated  for:  (i)  nonjudicial  officers  and
     3  employees  of the unified court system hired on or after July first, two
     4  thousand  twenty-five,  if  the  chief  administrator  of  the courts so
     5  elects; (ii) employees of the senate hired on or after July  first,  two
     6  thousand  twenty-five,  if  the  temporary  president  of  the senate so
     7  elects; (iii) employees of the assembly hired on or  after  July  first,
     8  two  thousand twenty-five, if the speaker of the assembly so elects; and
     9  (iv) employees of joint legislative employers hired  on  or  after  July
    10  first,  two  thousand  twenty-five,  if  the  temporary president of the
    11  senate and the speaker of the assembly mutually so elect  for  all  such
    12  joint  legislative  employers.   Any election made pursuant to paragraph
    13  (i), (ii), (iii), or (iv) of this subdivision shall be  in  writing  and
    14  filed  with  the  state comptroller not later than thirty days after the
    15  enactment of this legislation.
    16    § 2. Paragraph (c) of subdivision 2-a of  section  200  of  the  state
    17  finance  law, as added by chapter 947 of the laws of 1990, is amended to
    18  read as follows:
    19    (c) For officers and employees hired after the effective date of  this
    20  act, the withholding of five days of salary shall be accomplished in the
    21  same manner provided in paragraph (a) of this section provided, however,
    22  such withholding shall be taken on the first five payment dates in which
    23  such new employees would otherwise have received their salary.  Notwith-
    24  standing any other provision of law to the contrary, where the state and
    25  an  employee  organization  representing  officers  and employees in the
    26  executive branch who are in positions which are in collective  negotiat-
    27  ing  units established pursuant to article fourteen of the civil service
    28  law enter into an agreement, or where the director of employee relations
    29  shall authorize for officers or employees in the  executive  branch  who
    30  are in positions which are not in collective negotiating units, officers
    31  and  employees  hired  on or after July first, two thousand twenty-four,
    32  shall not be subject to the withholding of five days of salary on  their
    33  first five payment dates as specified herein. Such withholding shall not
    34  be  taken  for:    (i) nonjudicial officers and employees of the unified
    35  court system hired on or after July first, two thousand twenty-four,  if
    36  the  chief  administrator of the courts so elects; (ii) employees of the
    37  senate hired on or after July first, two thousand  twenty-four,  if  the
    38  temporary  president  of  the  senate  so elects; (iii) employees of the
    39  assembly hired on or after July first, two thousand twenty-four, if  the
    40  speaker  of the assembly so elects; and (iv) employees of joint legisla-
    41  tive employers hired on or after July first, two  thousand  twenty-four,
    42  if the temporary president of the senate and the speaker of the assembly
    43  mutually  so  elect  for  all  such  joint  legislative employers.   Any
    44  election made pursuant to subparagraph (i), (ii), (iii), or (iv) of this
    45  paragraph shall be in writing and filed with the state  comptroller  not
    46  later than thirty days after the enactment of this legislation.
    47    §  3.  Paragraph  (a)  of  subdivision 2-b of section 200 of the state
    48  finance law, as amended by chapter 171 of the laws of 1991,  is  amended
    49  to read as follows:
    50    (a)  For  nonjudicial  officers  and  employees  of  the unified court
    51  system: commencing with the earliest administratively  feasible  payroll
    52  period  (and  corresponding  payment  date)  subsequent to the date this
    53  subdivision becomes a law, payment on  the  payment  date  of  the  five
    54  payroll  periods  commencing  thereon  shall  be for nine-tenths of that
    55  amount paid each payroll period until a total of five-tenths  of  salary
    56  for  one  payroll  period  that would be paid but for this provision has

        S. 8305--C                         44                         A. 8805--C

     1  been withheld. For nonjudicial officers and employees  hired  after  the
     2  date  this  subdivision  becomes  a law, the withholding of five days of
     3  salary shall  be  accomplished  in  the  same  manner  described  above,
     4  provided,  however,  such  withholding  shall  be made on the first five
     5  payment dates in which such new officers or  employees  would  otherwise
     6  have  received their salary.  Notwithstanding any other provision of law
     7  to the contrary, such withholding shall not  be  taken  for  nonjudicial
     8  officers  and  employees  of  the unified court system hired on or after
     9  July first, two thousand twenty-four, if the chief administrator of  the
    10  courts  so elects.  Any election made pursuant to this subdivision shall
    11  be in writing and filed with the state comptroller not later than thirty
    12  days after the enactment of this legislation.
    13    § 4. This act shall take effect July 1, 2024; provided, however,  that
    14  section one of this act shall take effect July 1, 2025.
 
    15                                   PART R
 
    16                            Intentionally Omitted
 
    17                                   PART S
 
    18                            Intentionally Omitted
 
    19                                   PART T
 
    20                            Intentionally Omitted
 
    21                                   PART U
 
    22    Section  1.  Section  239-bb of the general municipal law, as added by
    23  section 1 of part EE of chapter 55 of the laws of 2018, subdivision 8 as
    24  amended by chapter 717 of the laws of 2022, subdivisions  9  and  11  as
    25  amended  by chapter 294 of the laws of 2021, and subdivision 12 as added
    26  by chapter 773 of the laws of 2023, is amended to read as follows:
    27    § 239-bb. County-wide shared  services  panels.  1.  Definitions.  The
    28  following  terms  shall  have the following meanings for the purposes of
    29  this article:
    30    a. "County" shall mean any county not wholly contained within a city.
    31    b. "County CEO" shall mean the county  executive,  county  manager  or
    32  other  chief  executive  of the county, or, where none, the chair of the
    33  county legislative body.
    34    c. "Panel" shall mean a county-wide shared services panel  established
    35  pursuant to subdivision two of this section.
    36    d.  "Plan"  shall  mean  a  county-wide  shared  services property tax
    37  savings plan.
    38    2. County-wide shared services panels. a. There [shall] may be a coun-
    39  ty-wide shared services panel in each county consisting  of  the  county
    40  CEO,  and  one  representative  from  each city, town and village in the
    41  county. The chief executive officer of each town, city and village shall
    42  be the representative to a panel and shall be the mayor, if a city or  a
    43  village,  or  shall  be  the supervisor, if a town. The county CEO shall
    44  serve as chair. [All panels established in each county pursuant to  part
    45  BBB  of  chapter  fifty-nine  of the laws of two thousand seventeen, and

        S. 8305--C                         45                         A. 8805--C

     1  prior to the enactment of this article, shall continue  in  satisfaction
     2  of this section in such form as they were established, provided that the
     3  county  CEO  may alter the membership of the panel consistent with para-
     4  graph b of this subdivision.]
     5    b. The county CEO may invite any school district, board of cooperative
     6  educational  services,  fire  district,  fire  protection  district,  or
     7  special improvement district in the county to join a  panel.  Upon  such
     8  invitation, the governing body of such school district, board of cooper-
     9  ative  educational services, fire district, fire protection district, or
    10  other special district may accept such invitation by selecting a  repre-
    11  sentative of such governing body, by majority vote, to serve as a member
    12  of  the  panel.  [Such school district, board of cooperative educational
    13  services, fire district,  fire  protection  district  or  other  special
    14  district  shall  maintain  such  representation  until  the panel either
    15  approves a plan or transmits a statement to the secretary  of  state  on
    16  the  reason the panel did not approve a plan, pursuant to paragraph d of
    17  subdivision seven of this section. Upon approval of a plan or  a  trans-
    18  mission  of  a  statement to the secretary of state that a panel did not
    19  approve a plan in any calendar year, the county CEO may, but  need  not,
    20  invite  any  school district, board of cooperative educational services,
    21  fire district, fire protection district or special improvement  district
    22  in the county to join a panel thereafter convened.]
    23    3.  [a.]  Each county CEO [shall, after satisfying the requirements of
    24  part BBB of chapter fifty-nine of the laws of  two  thousand  seventeen,
    25  annually]  may  convene  the  panel  and  [shall undertake to revise and
    26  update a previously approved plan or alternatively] develop a [new] plan
    27  [through December thirty-first, two  thousand  twenty-one].  Such  plans
    28  shall contain new, recurring property tax savings resulting from actions
    29  such  as,  but  not limited to, the elimination of duplicative services;
    30  shared services arrangements including, joint purchasing, shared highway
    31  equipment, shared storage facilities, shared plowing services and energy
    32  and insurance purchasing cooperatives; reducing back office and adminis-
    33  trative overhead; and better coordinating  services.  The  secretary  of
    34  state  may  provide advice and/or recommendations on the form and struc-
    35  ture of such plans.
    36    [b. After having convened at least two meetings in a calendar year,  a
    37  panel may, by majority vote, determine that it is not in the best inter-
    38  est  of the taxpayers to revise and update a previously approved plan or
    39  to develop a new plan in such year. The county CEO of such  panel  shall
    40  then comply with the provisions of paragraph (d) of subdivision seven of
    41  this section.]
    42    4.  While  [revising or updating a previously approved plan, or while]
    43  developing a [new] plan, the county CEO shall  regularly  consult  with,
    44  and  take  recommendations  from,  the representatives: on the panel; of
    45  each collective bargaining unit of the county and the cities, towns, and
    46  villages; and of each collective bargaining unit  of  any  participating
    47  school   district,  board  of  cooperative  educational  services,  fire
    48  district, fire protection district, or special improvement district.
    49    5. The county CEO, the county  legislative  body  and  a  panel  shall
    50  accept input from the public, civic, business, labor and community lead-
    51  ers  on  any  proposed  plan.  The  county  CEO  [shall] may cause to be
    52  conducted [a minimum of three] public hearings prior to submission of  a
    53  plan  to  a vote of a panel. All such public hearings shall be conducted
    54  within the county, and public notice  of  all  such  hearings  shall  be
    55  provided at least one week prior in the manner prescribed in subdivision
    56  one of section one hundred four of the public officers law. Civic, busi-

        S. 8305--C                         46                         A. 8805--C
 
     1  ness,  labor,  and  community leaders, as well as members of the public,
     2  shall be permitted to provide public testimony at any such hearings.
     3    6.  a. The county CEO shall submit each plan, accompanied by a certif-
     4  ication as to the accuracy of the  savings  contained  therein,  to  the
     5  county  legislative body at least forty-five days prior to a vote by the
     6  panel.
     7    b. The county legislative body shall review  and  consider  each  plan
     8  submitted in accordance with paragraph a of this subdivision. A majority
     9  of  the  members of such body may issue an advisory report on each plan,
    10  making recommendations as deemed necessary. The county CEO may modify  a
    11  plan  based  on  such  recommendations,  which  shall include an updated
    12  certification as to the accuracy of the savings contained therein.
    13    7. a. A panel shall duly consider any plan properly submitted  to  the
    14  panel  by the county CEO and may approve such plan by a majority vote of
    15  the panel. Each member of a panel may, prior  to  the  panel-wide  vote,
    16  cause  to  be removed from a plan any proposed action affecting the unit
    17  of government represented by the respective member.  Written  notice  of
    18  such  removal  shall be provided to the county CEO prior to a panel-wide
    19  vote on a plan.
    20    b. Plans approved by a panel shall be [transmitted to the secretary of
    21  state no later than thirty days from the date of  approval  by  a  panel
    22  accompanied  by a certification as to the accuracy of the savings accom-
    23  panied therein, and shall be] publicly disseminated to residents of  the
    24  county  in a concise, clear, and coherent manner using words with common
    25  and everyday meaning.
    26    c. The county CEO shall conduct a public presentation of any  approved
    27  plan  no  later  than  thirty days from the date of approval by a panel.
    28  Public notice of such presentation shall be provided at least  one  week
    29  prior in the manner prescribed in subdivision one of section one hundred
    30  four of the public officers law.
    31    [d.  Beginning  in two thousand twenty, by January fifteenth following
    32  any calendar year during which a panel did not approve a plan and trans-
    33  mit such plan to the secretary of state pursuant to paragraph b of  this
    34  subdivision,  the  county  CEO of such panel shall release to the public
    35  and transmit to the secretary of state a statement  explaining  why  the
    36  panel  did  not  approve a plan that year, including, for each vote on a
    37  plan, the vote taken by each panel member and  an  explanation  by  each
    38  panel member of their vote.
    39    8.  For  each  county,  new shared services actions in an approved and
    40  submitted plan pursuant to this section or part BBB  of  chapter  fifty-
    41  nine  of the laws of two thousand seventeen, may be eligible for funding
    42  to match savings from such action, subject to  available  appropriation.
    43  Savings that are actually and demonstrably realized by the participating
    44  local  governments  are eligible for matching funding.  For actions that
    45  are part of an approved plan transmitted to the secretary  of  state  in
    46  accordance  with  paragraph  b  of  subdivision  seven  of this section,
    47  savings achieved during either: (i) January first through December thir-
    48  ty-first from new actions implemented on or after January first  through
    49  December  thirty-first of the year immediately following an approved and
    50  transmitted plan, or (ii) July first of the year  immediately  following
    51  an  approved  and  transmitted plan through June thirtieth of the subse-
    52  quent year from new actions implemented July first  of  the  year  imme-
    53  diately  following an approved plan through June thirtieth of the subse-
    54  quent year may be eligible for  matching  funding.    Only  net  savings
    55  between local governments for each action would be eligible for matching
    56  funding. Savings from internal efficiencies or any other action taken by

        S. 8305--C                         47                         A. 8805--C

     1  a local government without the participation of another local government
     2  are  not eligible for matching funding. Each county and all of the local
     3  governments within the county that are part of any action to  be  imple-
     4  mented  as  part  of  an  approved  plan must collectively apply for the
     5  matching funding and agree on the distribution and use of  any  matching
     6  funding in order to qualify for matching funding.
     7    9. The department of state shall prepare a report to the governor, the
     8  temporary president of the senate and the speaker of the assembly on the
     9  county-wide  shared  services  plans  approved by the county-wide shared
    10  services panels created pursuant to part BBB of  chapter  fifty-nine  of
    11  the  laws  of two thousand seventeen and this article and shall post the
    12  report on the department's website. Such report shall be provided on  or
    13  before  June  thirtieth, two thousand twenty-five and shall include, but
    14  not be limited to, the following:
    15    a. a detailed summary  of  projects  included  in  county-wide  shared
    16  services plans by category, such as:
    17    (1) public health and insurance;
    18    (2) emergency services;
    19    (3) sewer, water, and waste management systems;
    20    (4) energy procurement and efficiency;
    21    (5) parks and recreation;
    22    (6) education and workforce training;
    23    (7) law and courts;
    24    (8) shared equipment, personnel, and services;
    25    (9) joint purchasing;
    26    (10) governmental reorganization;
    27    (11) transportation and highway departments; and
    28    (12) records management and administrative functions.
    29    b. for each of the counties the following information:
    30    (1)  a  detailed  summary  of  each  of  the  savings plans, including
    31  revisions and updates submitted each year or  the  statement  explaining
    32  why the county did not approve a plan in any year;
    33    (2) the anticipated savings for each plan;
    34    (3) the number of cities, towns and villages in the county;
    35    (4)  the  number  of cities, towns and villages that participated in a
    36  panel, as reported in a plan;
    37    (5) the number of school districts, boards of cooperative  educational
    38  services,  fire  districts,  fire protection districts, or other special
    39  districts in the county; and
    40    (6) the number of school districts, boards of cooperative  educational
    41  services,  fire  districts,  fire protection districts, or other special
    42  districts that participated in a panel, as reported in a plan.
    43    10.] 8. The secretary of state may solicit, and the panels may provide
    44  at [her or his] the request of the secretary of state, advice and recom-
    45  mendations concerning matters related to the operations of local govern-
    46  ments and shared services initiatives, including, but  not  limited  to,
    47  making  recommendations regarding grant proposals incorporating elements
    48  of shared services,  government  dissolutions,  government  and  service
    49  consolidations, or property taxes and such other grants where the secre-
    50  tary  deems  the  input  of the panels to be in the best interest of the
    51  public. The panel shall advance such advice or recommendations by a vote
    52  of the majority of the members present at such meeting.
    53    [11. The authority granted by this article to a county CEO to  convene
    54  a  panel  for  the purpose of revising or updating a previously approved
    55  plan, or developing a new plan, or to provide  the  secretary  of  state

        S. 8305--C                         48                         A. 8805--C

     1  information  pursuant to subdivision ten of this section, shall cease on
     2  December thirty-first, two thousand twenty-four.
     3    12. Notwithstanding any other provision of law to the contrary, monies
     4  constituting  the  funds  of the village incorporation commission estab-
     5  lished pursuant to section 2-259 of the village law shall  be  deposited
     6  with  the  state  comptroller  and  held for the purposes of the village
     7  incorporation commission established in article two of the village  law;
     8  provided,  however, that such monies shall be derived from the appropri-
     9  ation dedicated to the matching funds program  pursuant  to  subdivision
    10  eight  of  this section and provided further, that such funding for such
    11  entity shall not be subject to the requirements of subdivision eight  of
    12  this section related to savings.]
    13    §  2. The executive law is amended by adding a new section 110 to read
    14  as follows:
    15    § 110. Administration of certain monies. The secretary or their desig-
    16  nee shall administer monies collected pursuant to section 2-202  of  the
    17  village  law  and  appropriations  available  for  the operations of the
    18  village incorporation commission established pursuant to  section  2-260
    19  of  the village law to ensure that the commission can perform its statu-
    20  tory functions; and provided further, that the secretary or their desig-
    21  nee shall distribute funds as required pursuant to section 2-236 of  the
    22  village law and any relevant appropriations bill.
    23    §  3. Section 2-236 of the village law, as amended by chapter 7 of the
    24  laws of 2024, is amended to read as follows:
    25    § 2-236 Payment of expenses incurred in proceedings for  incorporation
    26  if  village  not  incorporated.  If  the  incorporation  of the proposed
    27  village be not effected by the proceedings authorized in  this  article,
    28  the  expenses  incurred by the towns in which any part of such territory
    29  is located for payment  of  cost  of  posting,  publishing  and  serving
    30  required  notices,  stenographic  services and services of inspectors of
    31  election shall be paid from the fund deposited with  the  department  of
    32  state,  on  behalf  of  the commission. If such fund so deposited is not
    33  sufficient to pay all of such expenses, the costs in excess of such fund
    34  shall be a general town charge. [Any unexpended  balance  of  such  fund
    35  shall become a part of the general fund of the town.]
    36    §  4.  This  act  shall take effect immediately and shall be deemed to
    37  have been in full force and effect on and after April 1, 2024; provided,
    38  however that this act shall not affect the eligibility for funding    to
    39  match  savings  for  any shared services actions that are part of a plan
    40  approved  and submitted to the secretary of  state pursuant  to  section
    41  239-bb  of the general municipal law as of January 31, 2024. Each county
    42  and all of the local governments within the county that are part of  any
    43  such  actions  to  be  implemented  as  part  of such approved plans may
    44  collectively apply for the matching funding for savings  achieved   from
    45  such  implemented  actions  and  the secretary of state shall distribute
    46  such matching funding according to the provisions of section  239-bb  of
    47  the general municipal law in effect as of January 31, 2024.
 
    48                                   PART V
 
    49                            Intentionally Omitted
 
    50                                   PART W

        S. 8305--C                         49                         A. 8805--C
 
     1    Section  1.  Paragraphs t and u of subdivision 10 of section 54 of the
     2  state finance law, paragraph u as relettered by section 3 of part  K  of
     3  chapter  55 of the laws of 2013, are relettered paragraphs u and v and a
     4  new paragraph t is added to read as follows:
     5    t.  Local  government  efficiency grant program beginning in the state
     6  fiscal year commencing April first, two thousand  twenty-four.  (i)  (1)
     7  For  the purposes of this paragraph, "municipality" shall mean a county,
     8  city, town, village, special improvement district, fire district, public
     9  library, association library, or public library  system  as  defined  by
    10  section two hundred seventy-two of the education law; provided, however,
    11  that  for the purposes of this definition, a public library system shall
    12  be considered a municipality only in instances where such public library
    13  system advances a joint application on behalf of its  member  libraries,
    14  water  authority,  sewer  authority,  regional  planning and development
    15  board, school district, or board of  cooperative  educational  services;
    16  provided,  however, that for the purposes of this definition, a board of
    17  cooperative educational services shall be considered a municipality only
    18  in instances  where  such  board  of  cooperative  educational  services
    19  advances  a  joint  application  on behalf of school districts and other
    20  municipalities within the  board  of  cooperative  educational  services
    21  region;  provided,  however, that any agreements with a board of cooper-
    22  ative educational services: shall not  generate  additional  state  aid;
    23  shall be deemed not to be a part of the program, capital and administra-
    24  tive  budgets  of  the board of cooperative educational services for the
    25  purposes of computing charges upon component school  districts  pursuant
    26  to  subdivision one and subparagraph seven of paragraph b of subdivision
    27  four of section nineteen hundred fifty, and subdivision one  of  section
    28  nineteen  hundred fifty-one of the education law; and shall be deemed to
    29  be a cooperative municipal service for purposes of subparagraph  two  of
    30  paragraph d of subdivision four of section nineteen hundred fifty of the
    31  education law.
    32    (2)  For  the  purposes  of this paragraph, "functional consolidation"
    33  shall mean one municipality completely providing a service  or  function
    34  for another municipality, which no longer provides such service or func-
    35  tion.
    36    (ii) Within the annual amounts appropriated therefor, the secretary of
    37  state  may  award  competitive  grants  to municipalities to cover costs
    38  associated with local government efficiency projects, including, but not
    39  limited to, planning for or implementation of a municipal  consolidation
    40  or  dissolution,  a  functional  consolidation, a city or county charter
    41  revision that includes functional consolidation, shared  or  cooperative
    42  services, and regionalized delivery of services; provided, however, that
    43  such  local government efficiency projects must demonstrate new opportu-
    44  nities for financial savings  and  operational  efficiencies;  provided,
    45  further,  that  eligible  local government efficiency projects shall not
    46  include studies and plans for a local government re-organization  eligi-
    47  ble  to  receive a local government citizens re-organization empowerment
    48  grant pursuant to paragraph q of  this  subdivision.  The  secretary  of
    49  state  may  focus the grant program in specific functional areas, within
    50  distressed communities and areas of historically high  local  government
    51  costs  and  property  taxes, or in areas of unique opportunity, in which
    52  case such areas of focus shall be detailed in  a  request  for  applica-
    53  tions.
    54    (iii)  Any  approved project shall include an examination of financial
    55  savings, return on public investment and management improvements result-
    56  ing from project implementation.

        S. 8305--C                         50                         A. 8805--C
 
     1    (iv) Local government efficiency grants may be  used  to  cover  costs
     2  including,  but  not  limited to, legal and consultant services, capital
     3  improvements, transitional personnel costs and other necessary  expenses
     4  related  to  implementing the approved local government efficiency grant
     5  work  plan.  Grants  may  be used for capital improvements, transitional
     6  personnel costs or joint equipment purchases only  where  such  expenses
     7  are  integral  to  implementation  of  the  local  government efficiency
     8  project.  No part of the grant shall be used by the applicant for recur-
     9  ring expenses such as salaries, except  that  the  salaries  of  certain
    10  transitional  personnel essential for the implementation of the approved
    11  local government efficiency grant work plan  shall  be  eligible  for  a
    12  period  not  to  exceed  three  years.  The  amounts awarded to a school
    13  district pursuant to this subparagraph shall  not  be  included  in  the
    14  approved  operating  expense  of the school district as defined in para-
    15  graph t of subdivision one of section  thirty-six  hundred  two  of  the
    16  education law.
    17    (v)  The  maximum  cumulative grant award for a local government effi-
    18  ciency project shall not exceed two hundred fifty thousand  dollars  per
    19  municipality;  provided,  however,  that in no case shall such a project
    20  receive a cumulative grant award in excess of one  million  two  hundred
    21  fifty  thousand  dollars. The maximum grant award for a local government
    22  efficiency planning project, or the planning component of a project that
    23  includes both planning and implementation of a  local  government  effi-
    24  ciency  project,  shall  not  exceed twenty thousand dollars per munici-
    25  pality; provided, however, that  in  no  event  shall  such  a  planning
    26  project receive a grant award in excess of one hundred thousand dollars.
    27    (vi) Local matching funds equal to at least fifty percent of the total
    28  cost  of activities under the grant work plan approved by the department
    29  of state shall be required for planning grants, and local matching funds
    30  equal to at least ten percent of the total cost of activities under  the
    31  grant  work  plan  approved by the department of state shall be required
    32  for implementation grants. In the event an applicant is  implementing  a
    33  project  that  the  applicant developed through a successfully completed
    34  planning grant  funded  under  the  local  government  efficiency  grant
    35  program  or  the  shared municipal services incentive grant program, the
    36  local matching funds required shall be reduced  by  the  local  matching
    37  funds  required  by such successfully completed planning grant up to the
    38  amount of local matching funds required for the implementation grant.
    39    (vii) In the selection of grant awards, the secretary of  state  shall
    40  give  the highest priority to applications: (1) that would result in the
    41  dissolution or consolidation of municipalities; (2) that would implement
    42  the complete functional consolidation of a municipal service; or (3)  by
    43  local  governments  with  historically high costs of local government or
    44  sustained increases in property taxes. Priority will also  be  given  to
    45  municipalities  that have previously completed a planning grant pursuant
    46  to this  program  or  the  shared  municipal  services  incentive  grant
    47  program,  and to local governments currently involved in regional devel-
    48  opment projects that have received funds  through  state  community  and
    49  infrastructure development programs.
    50    (viii)  Within  one week of the receipt of an application, the depart-
    51  ment of state shall review the application to ensure the  applicant  has
    52  filed the correct application, and to determine if any required sections
    53  of  the  application  contain no information. Within one business day of
    54  determining an applicant has filed an incorrect application,  or  deter-
    55  mining  an  application contains no information in a section required to
    56  contain information, the  department  shall  so  notify  the  applicant.

        S. 8305--C                         51                         A. 8805--C
 
     1  Applicants  shall be permitted to amend an application found to be miss-
     2  ing information, and such application shall be reconsidered for approval
     3  if it is amended by  the  application  deadline.  If  an  applicant  has
     4  submitted an incorrect application, the applicant may submit the correct
     5  application  to the appropriate program by the deadline for such program
     6  for consideration. Under no circumstances  shall  this  subparagraph  be
     7  deemed  to require the extension of any application deadline established
     8  by the department, nor shall it obligate the  department  to  conduct  a
     9  substantive  review  of  the  contents of any application outside of the
    10  procedures established by the department for the purposes of maintaining
    11  the competitive integrity of the grant program.
    12    (ix) Written notice shall be provided to an applicant  of  a  decision
    13  regarding  the  grant or denial of an award under this paragraph, within
    14  thirty days after such decision.
    15    (x) The department of state shall prepare  an  annual  report  to  the
    16  governor  and  the legislature on the effectiveness of the local govern-
    17  ment efficiency grant program and the local government  citizens  re-or-
    18  ganization  empowerment  grant program. Such report shall be provided on
    19  or before October first of each year  and  shall  include,  but  not  be
    20  limited to, the following: a summary of applications and awards for each
    21  grant  category,  an  assessment of progress in implementing initiatives
    22  that received grant awards, and estimated financial savings and  signif-
    23  icant  improvements  in  service  realized  by  municipalities that have
    24  received grants.
    25    § 2. This act shall take effect immediately and  shall  be  deemed  to
    26  have been in full force and effect on and after April 1, 2024.
 
    27                                   PART X
 
    28                            Intentionally Omitted
 
    29                                   PART Y
 
    30    Section  1.  Section  2  of  part P of chapter 55 of the laws of 2022,
    31  amending the alcoholic beverage  control  law  relating  to  authorizing
    32  retail  licensees  for  on-premises  consumption  to sell and/or deliver
    33  alcoholic beverages for off-premises consumption, is amended to read  as
    34  follows:
    35    §  2.  This  act shall take effect immediately and shall expire and be
    36  deemed repealed [three] eight years after such date.
    37    § 2. This act shall take effect immediately.
 
    38                                   PART Z
 
    39    Section 1. Section 240.30 of the penal law is amended by adding a  new
    40  subdivision 3-a to read as follows:
    41    3-a.  With  the  intent  to  harass,  annoy, threaten or alarm another
    42  person, such person strikes, shoves, kicks, or otherwise subjects anoth-
    43  er person to physical contact, which includes  spitting  on  such  other
    44  person,  and  such  other  person is a train operator, ticket inspector,
    45  conductor, signalperson, bus operator, station agent,  station  cleaner,
    46  terminal  cleaner,  station  customer assistant, traffic checker; person
    47  whose official duties include the sale or collection of tickets, passes,
    48  vouchers, or other revenue payment media for use on  a  train,  bus,  or
    49  ferry  or  the  collection  or  handling of revenues therefrom; a person

        S. 8305--C                         52                         A. 8805--C

     1  whose official duties include the maintenance, repair, inspection, trou-
     2  bleshooting, testing or cleaning of buses or ferries, a  transit  signal
     3  system,  elevated  or  underground subway tracks, transit station struc-
     4  ture,  including  fare equipment, escalators, elevators and other equip-
     5  ment necessary to passenger service, commuter rail tracks  or  stations,
     6  train  yard,  revenue  train in passenger service, a ferry station, or a
     7  train or bus station or terminal; or a  supervisor  of  such  personnel,
     8  employed by any transit agency, authority or company, public or private,
     9  whose  operation is authorized by New York state or any of its political
    10  subdivisions while such individual is performing an assigned duty; or
    11    § 2. Subdivision 11 of section 120.05 of the penal law, as amended  by
    12  chapter 233 of the laws of 2022, is amended to read as follows:
    13    11.  With  intent to cause physical injury to a train operator, ticket
    14  inspector, conductor, signalperson, bus operator, station agent, station
    15  cleaner, terminal cleaner, station customer assistant, traffic  checker;
    16  person  whose official duties include the sale or collection of tickets,
    17  passes, vouchers, or other revenue payment media  for  use  on  a  train
    18  [or],  bus, or ferry the collection or handling of revenues therefrom; a
    19  person  whose  official  duties   include   the   maintenance,   repair,
    20  inspection,  troubleshooting, testing or cleaning of buses or ferries, a
    21  transit signal system, elevated or underground  subway  tracks,  transit
    22  station  structure,  including fare equipment, escalators, elevators and
    23  other equipment necessary to passenger service, commuter rail tracks  or
    24  stations,  train  yard,  revenue  train  in  passenger  service, a ferry
    25  station, or a train or bus station or terminal; or a supervisor of  such
    26  personnel, employed by any transit or commuter rail agency, authority or
    27  company,  public  or  private, whose operation is authorized by New York
    28  state or any of its political subdivisions, a  city  marshal,  a  school
    29  crossing  guard appointed pursuant to section two hundred eight-a of the
    30  general municipal law, a traffic enforcement officer,  traffic  enforce-
    31  ment  agent,  prosecutor as defined in subdivision thirty-one of section
    32  1.20 of the criminal procedure law, sanitation  enforcement  agent,  New
    33  York  city  sanitation  worker,  public health sanitarian, New York city
    34  public health sanitarian, registered nurse,  licensed  practical  nurse,
    35  emergency  medical service paramedic, or emergency medical service tech-
    36  nician, he or she causes physical injury to such train operator,  ticket
    37  inspector, conductor, signalperson, bus operator, station agent, station
    38  cleaner,  terminal cleaner, station customer assistant, traffic checker;
    39  person whose official duties include the sale or collection of  tickets,
    40  passes, vouchers or other revenue payment media for use on a train [or],
    41  bus,  or  ferry  or  the collection or handling of revenues therefrom; a
    42  person  whose  official  duties   include   the   maintenance,   repair,
    43  inspection,  troubleshooting, testing or cleaning of buses or ferries, a
    44  transit signal system, elevated or underground  subway  tracks,  transit
    45  station  structure,  including fare equipment, escalators, elevators and
    46  other equipment necessary to passenger service, commuter rail tracks  or
    47  stations,  train  yard,  revenue  train  in  passenger  service, a ferry
    48  station, or a train or bus station or terminal; or a supervisor of  such
    49  personnel,  city  marshal,  school  crossing guard appointed pursuant to
    50  section two hundred  eight-a  of  the  general  municipal  law,  traffic
    51  enforcement officer, traffic enforcement agent, prosecutor as defined in
    52  subdivision  thirty-one  of  section 1.20 of the criminal procedure law,
    53  registered nurse, licensed practical nurse,  public  health  sanitarian,
    54  New  York  city  public health sanitarian, sanitation enforcement agent,
    55  New York city sanitation worker, emergency medical service paramedic, or
    56  emergency medical service technician, while such employee is  performing

        S. 8305--C                         53                         A. 8805--C
 
     1  an assigned duty on, or directly related to, the operation of a train or
     2  bus,  cleaning  of a train or bus station or terminal, assisting custom-
     3  ers, checking traffic, the sale or collection of tickets, passes, vouch-
     4  ers,  or  other  revenue media for use on a train [or], bus, or ferry or
     5  maintenance or cleaning of a train, a bus, a ferry, or  bus  station  or
     6  terminal,  signal system, elevated or underground subway tracks, transit
     7  station structure, including fare equipment, escalators,  elevators  and
     8  other  equipment necessary to passenger service, commuter rail tracks or
     9  stations, train yard or revenue train  in  passenger  service,  a  ferry
    10  station,  or  such city marshal, school crossing guard, traffic enforce-
    11  ment officer, traffic enforcement agent, prosecutor as defined in subdi-
    12  vision thirty-one of section 1.20 of the criminal procedure law,  regis-
    13  tered  nurse,  licensed  practical  nurse, public health sanitarian, New
    14  York city public health sanitarian, sanitation  enforcement  agent,  New
    15  York  city  sanitation  worker,  emergency medical service paramedic, or
    16  emergency medical service technician is performing an assigned duty; or
    17    § 3. This act shall take effect on the ninetieth day  after  it  shall
    18  have become a law.
 
    19                                   PART AA
 
    20    Section  1.  Subparagraph  (iii)  of paragraph (c) of subdivision 2 of
    21  section 722.23 of the criminal procedure law, as added by section 1-a of
    22  part WWW of chapter 59 of the laws  of  2017,  is  amended  to  read  as
    23  follows:
    24    (iii)  the  defendant  unlawfully engaged in [sexual intercourse, oral
    25  sexual conduct, anal sexual conduct] vaginal sexual contact, oral sexual
    26  contact, anal sexual contact, or sexual contact as  defined  in  section
    27  130.00 of the penal law.
    28    §  2.  This  act  shall  take  effect on the same date and in the same
    29  manner as chapter 777 of the laws of 2023, as amended, takes effect.
 
    30                                   PART BB
 
    31    Section 1.  Subdivision 4 of section 467 of the real property tax law,
    32  as separately amended by section 1 of part B of chapter 686 and  chapter
    33  738 of the laws of 2022, is amended to read as follows:
    34    4.  Every municipal corporation in which such real property is located
    35  shall notify, or cause to be notified, each  person  owning  residential
    36  real  property  in  such municipal corporation of the provisions of this
    37  section. The provisions of this subdivision may be met by  a  notice  or
    38  legend  sent  on  or with each tax or PILOT bill to such persons reading
    39  ["You may be eligible for senior citizen tax exemptions. Senior citizens
    40  have until month.........., day......., year......, to  apply  for  such
    41  exemptions.  For  information please call or write....," followed by the
    42  name, telephone number and/or address of a person or department selected
    43  by the municipal corporation to explain the provisions of this  section]
    44  substantially  as set forth in subdivision one-c of section nine hundred
    45  twenty-two of this chapter.    Each  cooperative  apartment  corporation
    46  shall  notify  each  tenant-stockholder  thereof  in  residence  of such
    47  provisions as set forth herein. Failure to notify, or cause to be  noti-
    48  fied  any  person  who  is  in  fact,  eligible to receive the exemption
    49  provided by this section or the failure of such person  to  receive  the
    50  same  shall  not  prevent  the  levy,  collection and enforcement of the
    51  payment of the taxes or PILOT on property owned by such person. A second

        S. 8305--C                         54                         A. 8805--C
 
     1  copy of the notice required by this subdivision  shall  be  sent  thirty
     2  days prior to the filing deadline.
     3    §  2.  Subdivision  12 of section 905 of the real property tax law, as
     4  added by chapter 167 of the laws of 2018, is amended to read as follows:
     5    12. Surplus. Any surplus funds remaining after the sale of a  property
     6  at a tax foreclosure for unpaid code violations shall be returned to the
     7  former  owner  of  the property in a manner as provided under local law.
     8  [This provision shall not apply to a sale of a property at a  tax  fore-
     9  closure  due  to  unpaid  taxes. If a property has both unpaid taxes and
    10  unpaid code violations on the same tax levy and is auctioned  at  a  tax
    11  foreclosure the amount of the surplus funds returned to the former owner
    12  shall  be  proportionate to the amount of unpaid code violations owed in
    13  the total amount of debt owed to the city of Buffalo.] For  the  purpose
    14  of  this  section,  "surplus  funds"  shall  mean  the  balance of money
    15  received after auction of a property at a tax foreclosure sale minus the
    16  amount owed for code  violations  and  the  costs  and  attorneys'  fees
    17  incurred in the collection of the fees by the city.
    18    §  3.  Section 922 of the real property tax law is amended by adding a
    19  new subdivision 1-c to read as follows:
    20    1-c. Each statement of taxes pertaining to residential property  shall
    21  contain or be accompanied by a notice or legend reading substantially as
    22  follows: "IF YOU ARE A SENIOR CITIZEN, A PERSON WITH A PHYSICAL DISABIL-
    23  ITY  AND/OR  A  VETERAN, YOU MAY BE ENTITLED TO A PARTIAL EXEMPTION FROM
    24  PROPERTY TAXES. Eligible homeowners have until (insert  date)  to  apply
    25  for  such  exemptions.  For further information please call or write the
    26  assessor's office" followed by the telephone number and address of  that
    27  office.
    28    §  4.   Subdivision 1 of section 1102 of the real property tax law, as
    29  amended by chapter 532 of the laws  of  1994,  is  amended  to  read  as
    30  follows:
    31    1. "Charges" or "legal charges" means:
    32    (a)  the cost of the mailing or service of notices required or author-
    33  ized by this article;
    34    (b) the cost of publication of notices required or authorized by  this
    35  title;
    36    (c) the amount of any interest and penalties imposed by law;
    37    (d)  the  cost  of  recording  or  filing  legal documents required or
    38  authorized by this article; [and]
    39    (e) the cost of appraising a parcel for the purpose of determining the
    40  existence and amount of any surplus pursuant to section  eleven  hundred
    41  ninety-six of this article;
    42    (f)  the  reasonable  and  necessary  cost of any search of the public
    43  record required or authorized to satisfy the notice requirements of this
    44  article, and [the] other reasonable and necessary  expenses  [for  legal
    45  services  of] incurred by a tax district in connection with a proceeding
    46  to foreclose a tax lien, including but not  limited  to  administrative,
    47  auction  and  reasonable  attorney fees and/or costs associated with the
    48  foreclosure process; provided, that: (i) a charge of up to [one]  either
    49  two  hundred  fifty dollars per parcel, or two percent of the sum of the
    50  taxes, interest and penalties due on the parcel, whichever  is  greater,
    51  shall  be deemed reasonable and necessary to cover the combined costs of
    52  such searches and [legal expenses] the other  reasonable  and  necessary
    53  costs  and expenses delineated in this paragraph, and such an amount may
    54  be charged without substantiation, even if salaried employees of the tax
    55  district performed [the search or legal] some or all of  such  services;
    56  and  (ii) a tax district may charge a greater amount with respect to one

        S. 8305--C                         55                         A. 8805--C
 
     1  or more parcels upon demonstration to  the  satisfaction  of  the  court
     2  having  jurisdiction  that such greater amount was reasonable and neces-
     3  sary; and
     4    [(f)]  (g) the amount owed to the tax district by virtue of a judgment
     5  lien, a mortgage lien, or any other lien held by the tax  district  that
     6  is not a delinquent tax lien.
     7    (h)  Charges shall be deemed a part of the delinquent tax for purposes
     8  of redemption and determination of surplus.
     9    § 5. Subdivision 1 of section 1123 of the real property  tax  law,  as
    10  amended  by  chapter  579  of  the  laws  of 1995, is amended to read as
    11  follows:
    12    1. [Twenty-one] Eighteen months after lien date, or as soon thereafter
    13  as is practicable, the enforcing officer shall  execute  a  petition  of
    14  foreclosure  pertaining  to  those  properties  which  remain subject to
    15  delinquent tax liens; provided, however, that in the  case  of  property
    16  which  is  subject to a three or four year redemption period, such peti-
    17  tion shall be executed [thirty-three or forty-five] thirty or  forty-two
    18  months  after lien date, respectively, or as soon thereafter as is prac-
    19  ticable.
    20    § 6. The sixth undesignated paragraph of subdivision 3 of section 1124
    21  of the real property tax law, as amended by chapter 532 of the  laws  of
    22  1994, is amended to read as follows:
    23    Last  day  for redemption: The last day for redemption is hereby fixed
    24  as the ......... day of .......... (here insert a date at least  [three]
    25  six months after the date of the first publication of this notice).
    26    §  7. Section 1125 of the real property tax law is amended by adding a
    27  new subdivision 2-a to read as follows:
    28    2-a. In the case of residential property as defined by section  eleven
    29  hundred eleven of this article, such notice shall also either include or
    30  be  accompanied  by  the  homeowner  warning notice described by section
    31  eleven hundred forty-four of this article.
    32    § 8. The real property tax law is amended by adding a new section 1135
    33  to read as follows:
    34    § 1135. Application for surplus. In lieu of filing an  answer  to  the
    35  foreclosure  proceeding,  any person claiming surplus arising from a tax
    36  district's enforcement of delinquent property taxes shall have the right
    37  to file with the clerk in whose office the report of sale  is  filed  at
    38  any time before the confirmation of the report of sale, a written notice
    39  of  such  claim,  stating  the  nature and extent of their claim and the
    40  address of the claimant or the claimant's attorney.
    41    § 9. Paragraph (d) of subdivision 2 of section 1136 of the real  prop-
    42  erty  tax law, as amended by chapter 532 of the laws of 1994, is amended
    43  to read as follows:
    44    (d) In directing any conveyance  pursuant  to  this  subdivision,  the
    45  judgment  shall  direct  the  enforcing  officer  of the tax district to
    46  prepare and execute a deed conveying title to the parcel or  parcels  of
    47  real  property  concerned.  Such title shall be full and complete in the
    48  absence of an agreement between tax districts as herein provided that it
    49  shall be subject to the tax liens of one or more tax districts. Upon the
    50  execution of such deed, the grantee shall be seized of an estate in  fee
    51  simple  absolute  in such parcel unless the conveyance is expressly made
    52  subject to tax liens of a tax  district  as  herein  provided,  and  all
    53  persons,  including the state, infants, incompetents, absentees and non-
    54  residents, who may have had any right, title, interest, claim,  lien  or
    55  equity of redemption in or upon such parcel, shall be barred and forever
    56  foreclosed  of all such right, title, interest, claim, lien or equity of

        S. 8305--C                         56                         A. 8805--C
 
     1  redemption.  Nothing contained herein shall be construed to preclude any
     2  such person from filing a claim pursuant to section eleven hundred thir-
     3  ty-five or title six of this article for a share of any surplus that may
     4  be attributable to the sale of such parcel.
     5    §  10.  Subdivision 3 of section 1136 of the real property tax law, as
     6  amended by chapter 532 of the laws  of  1994,  is  amended  to  read  as
     7  follows:
     8    3.  When  no  answer  has  been interposed. (a) The court shall make a
     9  final judgment awarding to such  tax  district  the  possession  of  any
    10  parcel  of  real  property  described in the petition of foreclosure not
    11  redeemed as provided in this title and as to which no answer  is  inter-
    12  posed  as  provided  herein.  In  addition  thereto  such judgment shall
    13  contain a direction to the enforcing officer  of  the  tax  district  to
    14  prepare,  execute  and cause to be recorded a deed conveying to such tax
    15  district full and complete title to such parcel.
    16    (b) Alternatively, at the request of the enforcing officer, the  court
    17  may  make a final judgment authorizing the enforcing officer to prepare,
    18  execute and cause to be recorded a  deed  conveying  full  and  complete
    19  title  to  such  parcel directly to a party other than the tax district,
    20  without the tax district taking title thereto.
    21    (c) Upon the execution of such deed, the tax district, or the  grantee
    22  as  the case may be, shall be seized of an estate in fee simple absolute
    23  in such parcel and all persons, including the state,  infants,  incompe-
    24  tents,  absentees  and  non-residents who may have had any right, title,
    25  interest, claim, lien or equity of redemption in  or  upon  such  parcel
    26  shall  be barred and forever foreclosed of all such right, title, inter-
    27  est, claim, lien or equity of  redemption.    Nothing  contained  herein
    28  shall  be  construed  to  preclude  any  such person from filing a claim
    29  pursuant to section eleven hundred thirty-five  or  title  six  of  this
    30  article  for a share of any surplus that may be attributable to the sale
    31  of such parcel.
    32    § 11.  Section 1136 of the real property tax law is amended by  adding
    33  a new subdivision 4 to read as follows:
    34    4.  (a)  Notwithstanding  any  other provision of law to the contrary,
    35  when a parcel is subject to a judgment of foreclosure issued pursuant to
    36  this section but has not yet been conveyed to a  third  party,  the  tax
    37  district  may, at its discretion, convey title to the parcel back to the
    38  former owner or owners, or to the successor or successors in interest if
    39  any, upon payment of the taxes, penalties,  interest  and  other  lawful
    40  charges owed to the tax district, subject to the provisions of paragraph
    41  (b) of this subdivision.
    42    (b)  If  immediately prior to the issuance of the judgment of foreclo-
    43  sure, any other person had any right, title, interest,  claim,  lien  or
    44  equity  of  redemption  in  or  upon such parcel, the deed conveying the
    45  parcel back to the former owner or owners,  or  to  their  successor  or
    46  successors  in  interest,  shall  state that the conveyance shall become
    47  subject to the right, title, interest, claim, lien or equity of  redemp-
    48  tion  of  any other person that had been extinguished by the judgment of
    49  foreclosure, once such right, title, interest, claim, lien or equity  of
    50  redemption  has been reinstated nunc pro tunc pursuant to the provisions
    51  of this paragraph.  Upon the execution of such deed,  the  tax  district
    52  shall  cause  a  copy  thereof  to  be filed with the court, which shall
    53  direct the reinstatement of any such right, title, interest, claim, lien
    54  or equity of redemption in such parcel nunc pro tunc.
    55    § 12. Article 11 of the real property tax law is amended by  adding  a
    56  new title 3-A to read as follows:

        S. 8305--C                         57                         A. 8805--C
 
     1                                   TITLE 3-A
     2               HOMEOWNER BILL OF RIGHTS AND RELATED PROVISIONS
     3  Section 1142. Homeowner bill of rights.
     4          1144. Homeowner warning notices.
     5          1146. Repayment plans.
     6          1148. Assistance to vulnerable populations.
     7    § 1142. Homeowner bill of rights. Any owner of a residential property,
     8  as  defined  in section eleven hundred eleven of this article, who occu-
     9  pies such property as their primary residence, shall have the  following
    10  rights:
    11    1. Notwithstanding any other general, special, or local law, local tax
    12  act,  code,  rule,  regulation, or charter provision to the contrary, to
    13  not have exemptions removed or waived for nonpayment of property  taxes,
    14  except  to the extent otherwise provided in section one hundred seventy-
    15  one-w of the tax law and any other general law that  explicitly  author-
    16  izes the removal of an exemption due to the nonpayment of taxes;
    17    2.  To  be  informed of the amount of tax due, the number of tax years
    18  for which the parcel has been in arrears, the date on which the  redemp-
    19  tion  period  ends,  the  accepted  forms of payment, the location where
    20  payments shall be made, and the contact information for the  responsible
    21  taxing  authority,  provided that a claim by an owner that they were not
    22  so informed shall not  constitute  a  valid  defense  to  a  foreclosure
    23  proceeding;
    24    3.  To  receive  homeowner  warning notices pursuant to section eleven
    25  hundred forty-four of this title;
    26    4. In the event that their primary residence is  foreclosed  upon,  to
    27  receive  a  share of any surplus resulting from the sale of the property
    28  in the manner provided by law;
    29    5. To be charged interest at a rate no higher than the maximum  allow-
    30  able statutory interest rate for unpaid property taxes;
    31    6.  To enter into installment plans or repayment plans for purposes of
    32  paying delinquent taxes where locally authorized;
    33    7. For owners who are senior citizens who are receiving a senior citi-
    34  zens exemption, an enhanced STAR exemption or an enhanced  STAR  credit,
    35  to receive a grace period of five business days to pay their taxes with-
    36  out  interest  in  a  local  government  that has opted to grant such an
    37  extension to such persons;
    38    8. In the event that their primary residence is  foreclosed  upon,  to
    39  have  all  debts  related to delinquent taxes owed on such primary resi-
    40  dence extinguished upon the foreclosure, except  when  they  have  reac-
    41  quired  title  pursuant  to  subdivision  four of section eleven hundred
    42  thirty-six of this article; provided, however,  that  nothing  contained
    43  herein  shall  be  construed to preclude a tax district from bringing an
    44  action against a former owner to recover reasonable  costs  incurred  in
    45  acting  pursuant  to  law to remove, abate or mitigate unsafe conditions
    46  and/or nuisances that were present on the property at the time of  fore-
    47  closure,  including  but  not limited to the demolition of unsafe struc-
    48  tures and the elimination of fire and health hazards where warranted.
    49    § 1144. Homeowner warning notices. 1. (a) In the case  of  residential
    50  property  as  defined  by section eleven hundred eleven of this article,
    51  when personal notice of the commencement of a foreclosure proceeding  is
    52  mailed  pursuant  to section eleven hundred twenty-five of this article,
    53  such notice shall include or be accompanied  by  the  homeowner  warning
    54  notice  described by paragraph (b) of this subdivision. Provided, howev-
    55  er, that in a tax district that does not enforce delinquent taxes pursu-

        S. 8305--C                         58                         A. 8805--C
 
     1  ant to this article, such homeowner warning notice shall  be  sent  when
     2  the foreclosure proceeding is commenced.
     3    (b) Such notice shall be in substantially the following form:
     4    "YOU MAY BE AT RISK OF FORECLOSURE ON A PROPERTY TAX LIEN. PLEASE READ
     5  THE FOLLOWING NOTICE CAREFULLY.
     6    As  of  (enter  date),  your property taxes have not been paid for the
     7  following years and amounts each year: (enter years and amounts)
     8    The total needed to pay off all tax arrears as of  the  date  of  this
     9  notice is: (enter amount due)
    10    Under  New  York State law, we are required to send you this notice to
    11  inform you that you are at risk of losing your home.
    12    Attached to this notice is a list of government approved housing coun-
    13  seling agencies in your area which provide free counseling. You can also
    14  call the NYS Office  of  the  Attorney  General's  Homeowner  Protection
    15  Program  (HOPP) toll-free consumer hotline to be connected to free hous-
    16  ing counseling or legal services in your area at 1-855-HOME-456  (1-855-
    17  466-3456), or visit their website. A statewide listing by county is also
    18  available  at  the website of the New York State Department of Financial
    19  Services. Qualified free help is available; watch out for  companies  or
    20  people who charge a fee for these services.
    21    Housing  counselors from New York-based agencies listed on the website
    22  above are trained to help homeowners  who  are  having  problems  making
    23  their  tax payments and can help you find the best option for your situ-
    24  ation.
    25    If you wish, you may also  contact  our  office  directly  to  discuss
    26  possible payment plans and other options.
    27    While  we cannot assure that a mutually agreeable resolution is possi-
    28  ble, we encourage you to take immediate steps to try to achieve a resol-
    29  ution.
    30    The longer you wait, the fewer options you may have.
    31    If you have not taken any actions to resolve this matter within ninety
    32  days from the date this notice was mailed, we may commence legal  action
    33  or other remedies against you to foreclose the tax lien, which may even-
    34  tually result in eviction from your home.
    35    Under  New  York  State  law,  you  may be barred from entering into a
    36  payment plan or from being permitted to make any payment  to  save  your
    37  home after the "Redemption Date". In your case, the "Redemption Date" is
    38  tentatively set as (enter date).
    39    IMPORTANT: You have the right to remain in your home until you receive
    40  a  court  order telling you to leave the property; however, you may lose
    41  the right to continue ownership of your home after the Redemption  Date.
    42  If  a  foreclosure  action is filed against you in court, you still have
    43  the right to remain in the home until a court orders you to leave.
    44    This notice is not an eviction notice, and a  foreclosure  action  has
    45  not yet been commenced against you.
    46    You  should  also  be aware that if you are a senior citizen, a person
    47  with a physical disability and/or a veteran, you may be  entitled  to  a
    48  partial  exemption from property taxes. If you are not already receiving
    49  one or more of these exemptions and would  like  information  about  the
    50  eligibility  and  application  requirements,  please  contact your local
    51  assessor's office."
    52    (c) In a tax district that does not pursue foreclosure  when  property
    53  is  owned  by a person receiving one of more of the exemptions listed in
    54  such notice, a sentence reading substantially as follows shall be added:
    55  "If you are currently receiving one or more of these exemptions,  please
    56  contact us immediately so that we may suspend the foreclosure."

        S. 8305--C                         59                         A. 8805--C
 
     1    2. A failure of the owner to receive such notice shall not prevent the
     2  collection and enforcement of the payment of the taxes on property owned
     3  by such person.
     4    3.  Such  notice  may  be  accompanied by a list of housing counseling
     5  agencies that serve the county in which the property is located, includ-
     6  ing the last known addresses and telephone numbers of such agencies. The
     7  department of financial services shall make available on its  website  a
     8  listing,  by  county,  of such agencies. The enforcing officer shall use
     9  such lists to meet the requirements of this section.
    10    4. Such notice shall also include or be accompanied  by  a  statement,
    11  set forth in each of the twelve most common non-English languages spoken
    12  by  limited-English  proficient  individuals  in the state, based on the
    13  data in the most recent American Community Survey  published  by  United
    14  States  Census  Bureau,  advising them that a translated version of this
    15  notice, or a detailed summary thereof, may be found on  the  website  of
    16  the  New  York state office of general services. This requirement may be
    17  satisfied by posting a statement in each such language that is  substan-
    18  tially  equivalent  to the following: "YOU MAY BE AT RISK OF FORECLOSURE
    19  ON A PROPERTY TAX LIEN. To see this notice in (insert the  name  of  the
    20  applicable language), go to (insert the applicable URL address)."
    21    §  1146.  Repayment  plans. 1. The governing body of a tax district is
    22  hereby authorized and empowered to enact and amend a local law providing
    23  that in the case of primary residences with a  tax  delinquency  greater
    24  than  five hundred dollars but less than thirty thousand dollars or such
    25  other limit as may be provided by such local  law,  the  property  owner
    26  shall  be  permitted to enter into a repayment plan to cure a tax delin-
    27  quency at any time until the date of redemption.
    28    2. The term of the repayment plan shall be twelve,  eighteen,  twenty-
    29  four,  or  thirty-six months, at the option of the owner. The amount due
    30  under the agreement shall be paid,  as  nearly  as  possible,  in  equal
    31  amounts  on each payment due date. The amount of each such payment shall
    32  be determined by dividing the amount  due  by  the  number  of  required
    33  installment payments.
    34    3. The owner shall be deemed to be in default of a payment plan agree-
    35  ment  pursuant to this section upon the occurrence of any of the follow-
    36  ing events:
    37    (a) Any payment due under  the  repayment  plan  is  not  made  within
    38  forty-five days from the payment due date;
    39    (b)  Any tax levied after the owner entered into the repayment plan is
    40  not paid by the payment due date;
    41    (c) The subject property is sold; or
    42    (d) The total principal amount  in  arrears  exceeds  thirty  thousand
    43  dollars  or  such higher amount as may have been set by local law, ordi-
    44  nance or resolution.
    45    4. In the event of a default in payments, and after service of a twen-
    46  ty-day notice of default, the tax  district  shall  have  the  right  to
    47  require the entire unpaid balance, with interest, to be paid in full.
    48    §  1148.  Assistance  to  vulnerable  populations.  1. Every notice of
    49  unpaid taxes, notice of arrears included  in  tax  statements,  personal
    50  notice  of  commencement of foreclosure proceeding or tax lien sale must
    51  include information about a housing counseling agency or agencies funded
    52  by the New  York  state  office  of  the  attorney  general's  homeowner
    53  protection program in the region in which the property is located.
    54    2.  Upon  receiving  a return of unpaid taxes pursuant to section nine
    55  hundred thirty-six of this chapter or a comparable provision of law, the
    56  enforcing officer shall send a list of the names,  addresses  and  tele-

        S. 8305--C                         60                         A. 8805--C
 
     1  phone numbers, if available, of the residential property owners included
     2  on  such return to a housing counseling agency or agencies funded by the
     3  New York state office of the  attorney  general's  homeowner  protection
     4  program in the region where the property is located, so that such agency
     5  may make the homeowner aware of free foreclosure prevention services and
     6  options available to the parties.
     7    § 13. Section 1166 of the real property tax law, as amended by chapter
     8  532  of the laws of 1994, subdivision 1 as amended by chapter 500 of the
     9  laws of 2015, is amended to read as follows:
    10    § 1166. Real property acquired by tax district; right  of  sale.    1.
    11  Whenever  any  tax  district  shall become vested with the title to real
    12  property, and whenever an enforcing officer shall have  been  authorized
    13  to sell and convey real property directly to another party, by virtue of
    14  a  foreclosure  proceeding  brought  pursuant  to the provisions of this
    15  article, such tax district or enforcing officer is hereby authorized  to
    16  sell  and  convey  [the]  such  real property [so acquired], which shall
    17  include any and all gas, oil or mineral rights associated with such real
    18  property, either with or without advertising for  bids,  notwithstanding
    19  the provisions of any general, special or local law.
    20    2.  No  such  sale shall be effective unless and until such sale shall
    21  have been approved and confirmed by a majority  vote  of  the  governing
    22  body of the tax district, except that no such approval shall be required
    23  when the property is sold at public auction to the highest bidder.
    24    3.  The  provisions  of  title  six  of  this article shall govern the
    25  distribution of any surplus attributable to such sales.
    26    § 14. The real property tax law is amended by  adding  a  new  section
    27  1194-a to read as follows:
    28    § 1194-a. Administration of surplus in connection with tax lien sales.
    29  Real  property  tax  liens  owned  by third parties, including those tax
    30  liens sold pursuant to former title three of article  fourteen  of  this
    31  chapter  or  pursuant to a special or local law or charter shall only be
    32  enforced in the manner described in this section:
    33    1. Upon written application and the surrender of the tax lien  certif-
    34  icate  of sale, a treasurer's deed may be issued vesting in the tax lien
    35  certificate holder an absolute estate in fee, subject to all claims  the
    36  taxing jurisdiction or state may have thereon for taxes, liens or encum-
    37  brances, if (a) a New York state licensed real estate appraiser conducts
    38  an appraisal of the property prior to the issuance of the deed to estab-
    39  lish  the  property's fair market value and (b) the property's appraised
    40  value does not exceed the outstanding amount due to the tax lien holder.
    41  The tax district shall levy the cost of conducting the  appraisal  as  a
    42  lien  upon  the  property  to  be collected along with any other pending
    43  taxes, liens, or encumbrances; or
    44    2. Notwithstanding any other law to the contrary, after the applicable
    45  redemption period has elapsed, an action to foreclose a tax sale certif-
    46  icate issued pursuant to former title three of article fourteen of  this
    47  chapter or pursuant to a local law or charter may be commenced and main-
    48  tained pursuant to this title.
    49    3.  Notwithstanding any other law to the contrary, when a tax lien has
    50  been sold to a third party, the lienholder shall send a homeowner  warn-
    51  ing  notice  in the manner provided by section eleven hundred forty-four
    52  of this article at least one hundred eighty days prior to making  appli-
    53  cation for a treasurer's deed or commencing a foreclosure proceeding, as
    54  the case may be.
    55    4. Notwithstanding the foregoing provisions of this section, in a city
    56  with  a population of one million or more, real property tax liens owned

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     1  by third parties shall be enforced in the manner provided by the  admin-
     2  istrative code of such city.
     3    §  15.  Article 11 of the real property tax law is amended by adding a
     4  new title 6 to read as follows:
     5                                    TITLE 6
     6                           DISTRIBUTION OF SURPLUS
     7  Section 1195. Definitions.
     8          1196. Determination of existence and amount of surplus.
     9          1197. Claims for surplus.
    10    § 1195. Definitions. In addition  to  the  definitions  set  forth  in
    11  section eleven hundred two of this article, for purposes of this title:
    12    1.    "Former  homeowner"  means a person or persons who lost title to
    13  and/or ownership of residential property due to a tax foreclosure.
    14    2. "Public  sale"  means  a  sale  resulting  from  a  public  auction
    15  conducted in accordance with the provisions of section two hundred thir-
    16  ty-one of the real property actions and proceedings law.
    17    3.  "Surplus" means the net gain, if any, realized by the tax district
    18  upon the sale of tax-foreclosed property, as determined  in  the  manner
    19  set  forth in section eleven hundred ninety-six of this title.  Where no
    20  such gain was realized, no surplus shall be attributable to that sale.
    21    4. "Tax-foreclosed property" means a parcel as to which a judgment  of
    22  foreclosure  has  been issued pursuant to section eleven hundred thirty-
    23  six of this article.
    24    § 1196. Determination of existence and amount  of  surplus.    1.  (a)
    25  Within  forty-five  days  after the sale of tax-foreclosed property, the
    26  enforcing officer shall determine whether a surplus is  attributable  to
    27  such  sale  and  if so, the amount thereof. Subject to the provisions of
    28  subdivision two of this section, such determination  shall  be  made  by
    29  ascertaining  the  sum  of  the total amount of taxes due plus interest,
    30  penalties and other charges as defined by section eleven hundred two  of
    31  this  article,  and subtracting such sum from whichever of the following
    32  is applicable:
    33    (i) where the sale was a public sale, the amount to be  so  subtracted
    34  shall be the amount paid for the property;
    35    (ii)  where  the  sale  was  not  a  public  sale, the amount to be so
    36  subtracted shall be either (A) the full value of the property  as  shown
    37  on  the most recent tax roll, (B) if available, an appraisal prepared by
    38  a licensed New York state appraiser that establishes the full  value  of
    39  the  property  as  of the date of the transfer of title, or (C) the full
    40  value of the property as of the date of the transfer of title as  deter-
    41  mined by such other valuation method as the enforcing officer reasonably
    42  determines  will  result  in  just  compensation to the former owner and
    43  other parties whose interests were extinguished by the foreclosure.
    44    (b) For purposes of this subdivision, where the enforcing officer  has
    45  been  notified  that  the  tax district intends to retain tax-foreclosed
    46  property for a public use, the property shall be  deemed  to  have  been
    47  sold  on  the  date  that the enforcing officer was so notified, and the
    48  enforcing officer shall determine the existence and amount of a  surplus
    49  relative to such property in the manner provided by subparagraph (ii) of
    50  paragraph (a) of this subdivision.
    51    2.  Notwithstanding the provisions of subdivision one of this section,
    52  when a tax district has sold or conveyed tax-foreclosed  property  to  a
    53  land  bank,  a  housing development agency or another public entity, and
    54  such sale or conveyance was not the result of a public sale, or  when  a
    55  tax  district  has  determined  to  retain tax-foreclosed property for a

        S. 8305--C                         62                         A. 8805--C
 
     1  public use, no surplus shall be payable if all of the  following  condi-
     2  tions are satisfied:
     3    (a)  prior to such sale, conveyance or determination, the property had
     4  been offered for sale at two separate public auctions conducted at least
     5  three months apart from one another,
     6    (b) both auctions had been  conducted  in  full  compliance  with  the
     7  provisions  of  section  two  hundred  thirty-one  of  the real property
     8  actions and proceedings law,
     9    (c) the minimum acceptable bid at each auction  had  been  set  at  an
    10  amount no greater than the sum of the taxes due plus interest, penalties
    11  and other charges, and
    12    (d)  no  qualifying  bids  were  received  for  the property at either
    13  auction.
    14    3. (a) If the enforcing officer determines that no surplus is  attrib-
    15  utable  to the sale, such enforcing officer shall submit a report to the
    16  court describing the circumstances of the sale, stating that no  surplus
    17  was attributable to the sale and demonstrating how the enforcing officer
    18  reached that conclusion.
    19    (b) If the enforcing officer determines that a surplus is attributable
    20  to  the  sale, such enforcing officer shall submit a report to the court
    21  describing the circumstances of the sale, stating  that  a  surplus  was
    22  attributable  to  the  sale,  and  demonstrating  how  the amount of the
    23  surplus was determined.  Such surplus shall be paid to the court  there-
    24  with.   Within ten days of submitting such report, the enforcing officer
    25  shall notify the former property owner that a surplus  was  attributable
    26  to  the  sale  of  such  property,  that such surplus has been paid into
    27  court, and that the court will notify  the  interested  parties  of  the
    28  procedure  to  be  followed  in order to make a claim for a share of the
    29  surplus.
    30    (c) Where the enforcing officer's determination of  surplus  is  based
    31  upon  such  enforcing  officer's  estimate  of the property's value, the
    32  enforcing officer's report to the court shall set forth  an  explanation
    33  of  how this estimate was made, including the evidence upon which it was
    34  based.
    35    4. Upon approval by the court of the enforcing officer's  report,  the
    36  tax  district  shall have no further responsibilities in relation to the
    37  parcel or any surplus attributable thereto, except  to  the  extent  the
    38  court  directs otherwise pursuant to section eleven hundred ninety-seven
    39  of this title.
    40    § 1197.  Claims for surplus. 1. Any person who had any  right,  title,
    41  interest,  claim, lien or equity of redemption in or upon a parcel imme-
    42  diately prior to the issuance of the judgment of foreclosure may file  a
    43  claim  with  the  court  having  jurisdiction for a share of any surplus
    44  resulting from the sale of such property.  Such claims shall be adminis-
    45  tered and adjudicated, and such surplus shall  be  distributed,  in  the
    46  same  manner as in an action to foreclose a mortgage pursuant to article
    47  thirteen of the real property actions and proceedings  law,  subject  to
    48  the provisions of this section.
    49    2.  (a)  Where the property was sold by a public sale, the amount paid
    50  for the property shall be accepted as the full value  of  the  property.
    51  No  party  may maintain a claim for surplus or any other claim or action
    52  against the tax district on the basis that the amount paid for the prop-
    53  erty did not fairly represent the property's value.
    54    (b) Where the property was sold by other than a public sale, a  claim-
    55  ant  may  make  a  motion, upon notice to the enforcing officer, for the
    56  surplus to be recalculated on the basis that the property's  full  value

        S. 8305--C                         63                         A. 8805--C
 
     1  on  the date of the sale was substantially higher than the value used to
     2  measure the surplus pursuant to subparagraph (ii) of  paragraph  (a)  of
     3  subdivision  one of section eleven hundred ninety-six of this title.  If
     4  the  court  or  its  referee  finds that a preponderance of the evidence
     5  supports the claimant's position, the court  may  direct  the  enforcing
     6  officer  to  recalculate  the surplus based upon the property's value as
     7  determined by the court or referee.  The court may  further  direct  the
     8  enforcing  officer to pay the difference into court to be distributed as
     9  required by this section.
    10    3. Where the court  has  appointed  a  referee  to  preside  over  the
    11  proceedings  pursuant  to  subdivision  two  of section thirteen hundred
    12  sixty-one of the real property actions and proceedings law, it shall not
    13  be necessary for such referee to make a report of such proceedings;  nor
    14  shall  it  be  necessary  for the court to confirm by order or otherwise
    15  such proceedings.
    16    4. In the case of residential property, if at the time of the  confir-
    17  mation  of the report of sale, no former homeowner has filed a claim for
    18  surplus, and there are surplus proceeds that remain to  be  distributed,
    19  the  proceeding  shall  remain  open  for  at least three years from the
    20  confirmation of the report of sale, or for such  longer  period  as  the
    21  court  may direct. If a former homeowner should file a claim for surplus
    22  during such period, the court shall proceed as if  it  had  been  timely
    23  filed.
    24    5.  At the conclusion of such proceedings, any surplus funds that have
    25  not been claimed shall be deemed abandoned but shall be paid to the  tax
    26  district,  not  to  the  state comptroller, and shall be used by the tax
    27  district to reduce its tax levy.
    28    6. To the extent the provisions of article thirteen of the real  prop-
    29  erty actions and proceedings law are inconsistent with the provisions of
    30  this article, the provisions of this article shall govern.
    31    §  16.  Subparagraph (B) of paragraph 7 of subsection (eee) of section
    32  606 of the tax law, as amended by section 1 of subpart D of  part  Z  of
    33  chapter 59 of the laws of 2022, is amended to read as follows:
    34    (B)  Notwithstanding  any  provision of law to the contrary, the names
    35  and addresses of individuals who have applied for or are  receiving  the
    36  credit  authorized  by  this  subsection  may be disclosed to assessors,
    37  county directors of real property  tax  services,  [and]  municipal  tax
    38  collecting  officers  and  enforcing  officers within New York state. In
    39  addition, such information may be exchanged with assessors and tax offi-
    40  cials from jurisdictions outside New York state if the laws of the other
    41  jurisdiction allow it to provide similar information to this state. Such
    42  information shall be considered confidential and shall not be subject to
    43  further disclosure pursuant to the freedom of information law or  other-
    44  wise.
    45    §  17. Subdivision (c) of section 6 of chapter 602 of the laws of 1993
    46  amending the real property tax law relating to the  enforcement  of  the
    47  collection  of  delinquent  real property taxes and to the collection of
    48  taxes by banks, as amended by chapter  562  of  the  laws  of  2021,  is
    49  amended to read as follows:
    50    (c)  A  village which conducted a tax sale in 1993 pursuant to section
    51  1454 of the real property tax law is hereby authorized to adopt a  local
    52  law  without referendum, no later than September 1, 1994, providing that
    53  the collection of taxes that shall become liens on or after  January  1,
    54  1995  and on or before December 31, [2024] 2027 shall be enforced pursu-
    55  ant to title 3 of article 14 of the real property tax law, as  the  same
    56  shall  have  been in effect on the last day preceding the effective date

        S. 8305--C                         64                         A. 8805--C
 
     1  of this act. A copy of such local law shall  be  filed  with  the  state
     2  board  of  equalization  and  assessment  no later than October 1, 1994.
     3  Provided, however, that on and after the effective date of  the  chapter
     4  of  the  laws  of 2024 that amended this subdivision, the enforcement of
     5  delinquent taxes in a village that has adopted such a  local  law  shall
     6  also be subject to the provisions of section 1194-a of the real property
     7  tax law.
     8    §  18. Severability clause. If any clause, sentence, paragraph, subdi-
     9  vision, section or subpart contained in any part of this  act  shall  be
    10  adjudged  by  any  court  of  competent jurisdiction to be invalid, such
    11  judgment shall not affect, impair, or invalidate the remainder  thereof,
    12  but  shall  be  confined in its operation to the clause, sentence, para-
    13  graph, subdivision, section or subpart contained  in  any  part  thereof
    14  directly  involved  in the controversy in which such judgment shall have
    15  been rendered. It is hereby declared to be the intent of the legislature
    16  that this act would have been enacted even if  such  invalid  provisions
    17  had not been included herein.
    18    §  19.  This  act shall take effect immediately and shall be deemed to
    19  have been in full force and effect on and after May 25,  2023,  provided
    20  that:
    21    1.  (a) In a taxing jurisdiction that enforces delinquent taxes pursu-
    22  ant to article 11 of the real property tax law, where  a  tax-foreclosed
    23  property  has been sold on or after May 25, 2023 and prior to the effec-
    24  tive date of this act, the enforcing officer of the tax  district  shall
    25  have  six  months  from  the effective date of this act to submit to the
    26  court the report required by section 1194-a of the real property tax law
    27  as added by section fourteen of this act  regarding  the  existence  and
    28  amount of surplus and to pay such surplus to the court.
    29    (b)  In  a taxing jurisdiction that enforces delinquent taxes pursuant
    30  to a county charter, city charter, administrative code or  special  law,
    31  as  authorized  by  a  local law adopted pursuant to section 1104 of the
    32  real property tax law, the provisions of such county charter, city char-
    33  ter, administrative code or special law shall continue to apply  therein
    34  without  regard to the provisions of this act, provided that such county
    35  charter, city charter, administrative code or  special  law  provides  a
    36  mechanism  for  former  owners  and  other  parties whose interests were
    37  extinguished by the foreclosure  of  a  delinquent  tax  lien  to  claim
    38  surplus.    If  the county charter, city charter, administrative code or
    39  special law applicable to the taxing jurisdiction  does  not  provide  a
    40  mechanism  for  claiming  surplus,  the  taxing  jurisdiction  is hereby
    41  authorized to adopt a local law providing that surplus shall be adminis-
    42  tered therein in the manner provided by title 6 of  article  11  of  the
    43  real  property tax law, as added by section fifteen of this act.  Such a
    44  local law shall remain in effect until repealed or until the  applicable
    45  county  charter,  city  charter,  administrative  code or special law is
    46  amended to provide a mechanism for claiming surplus, whichever is  soon-
    47  er.    As used in this paragraph, the term "surplus" shall have substan-
    48  tially the same meaning as set forth in section 1195 of the real proper-
    49  ty tax law, as added by section fifteen of this act, provided,  however,
    50  that in a city with a population of one million or more, such term shall
    51  mean  the  difference,  if  any,  after  subtracting: (A) the sum of the
    52  amount of the delinquent tax lien on  a  property  and  any  foreclosure
    53  costs  from  (B) the proceeds of the sale of such property pursuant to a
    54  foreclosure by the taxing jurisdiction; and provided  further,  that  in
    55  such a city, the term "foreclosure costs" means the sum of the "charges"
    56  as  defined  by section 1102 of the real property tax law, as amended by

        S. 8305--C                         65                         A. 8805--C

     1  section four of this act, and any other amounts specifically  identified
     2  in  such  charter,  code or special law as due and payable upon foreclo-
     3  sure.
     4    (c)  In  any  taxing jurisdiction, where a tax-foreclosed property was
     5  sold prior to May 25, 2023, a claim for  surplus  attributable  to  such
     6  sale  may  be  maintained if and only if a proceeding to compel such tax
     7  district to distribute such surplus to the petitioner or petitioners had
     8  been initiated pursuant to subdivision 1 of section 7803  of  the  civil
     9  practice law and rules, such proceeding was commenced in a timely manner
    10  as  provided  by  section  217  of such chapter, and such proceeding was
    11  still active on the effective date of this act.
    12    (d) For purposes of this paragraph,  the  term  "taxing  jurisdiction"
    13  means  a municipal corporation with the power to enforce delinquent real
    14  property tax liens.
    15    2. Section seventeen of this act shall  take  effect  immediately  and
    16  shall  be deemed to have been in full force and effect on and after July
    17  26, 1994.
 
    18                                   PART CC
 
    19    Section 1. Section 106  of  the  alcoholic  beverage  control  law  is
    20  amended by adding a new subdivision 16 to read as follows:
    21    16. A person holding a retail on-premises license for a movie theatre,
    22  other  than  a license for a movie theatre that meets the definitions of
    23  restaurant and meals, and where all seating is at tables where meals are
    24  served, shall:
    25    (a) for every purchase of an alcoholic beverage, require the purchaser
    26  to provide written evidence of age as set  forth  in  paragraph  (b)  of
    27  subdivision two of section sixty-five-b of this chapter; and
    28    (b) allow the purchase of only one alcoholic beverage per transaction;
    29  and
    30    (c)  not commence the sale of alcoholic beverages until one hour prior
    31  to the start of the first motion picture, and cease all sales  of  alco-
    32  holic beverages after the conclusion of the final motion picture.
    33    §  2.  Subdivision 6 of section 64-a of the alcoholic beverage control
    34  law, as amended by chapter 475 of the laws of 2011, is amended  to  read
    35  as follows:
    36    6. No special on-premises license shall be granted except for premises
    37  in  which the principal business shall be (a) the sale of food or bever-
    38  ages at retail for consumption on the premises or (b) the operation of a
    39  legitimate theatre, including a motion picture theatre that is a  build-
    40  ing  or facility which is regularly used and kept open primarily for the
    41  exhibition of motion pictures for at least five  out  of  seven  days  a
    42  week,  or  on  a  regular  seasonal basis of no less than six contiguous
    43  weeks, to the general public where all auditorium seating is permanently
    44  affixed to the floor and at  least  sixty-five  percent  of  the  motion
    45  picture theatre's annual gross revenues is the combined result of admis-
    46  sion revenue for the showing of motion pictures and the sale of food and
    47  non-alcoholic  beverages,  or  such  other lawful adult entertainment or
    48  recreational facility as the liquor authority, giving due regard to  the
    49  convenience  of  the public and the strict avoidance of sales prohibited
    50  by this chapter, shall by regulation classify for eligibility.  [Nothing
    51  contained  in this subdivision shall be deemed to authorize the issuance
    52  of a license to a motion picture theatre, except those meeting the defi-
    53  nition of restaurant and meals, and where all seating is at tables where
    54  meals are served.]

        S. 8305--C                         66                         A. 8805--C
 
     1    § 3. Subdivision 8 of section 64-a of the alcoholic  beverage  control
     2  law,  as added by chapter 531 of the laws of 1964, is amended to read as
     3  follows:
     4    8. Every special on-premises licensee shall regularly keep food avail-
     5  able  for  sale  to  its  customers for consumption on the premises. The
     6  availability of sandwiches, soups or other foods, whether  fresh,  proc-
     7  essed,  pre-cooked  or  frozen,  shall  be  deemed  compliance with this
     8  requirement.  For motion picture theatres licensed under  paragraph  (b)
     9  of  subdivision  six  of this section, food that is typically found in a
    10  motion picture theatre, including but not limited  to:  popcorn,  candy,
    11  and light snacks, shall be deemed to be in compliance with this require-
    12  ment. The licensed premises shall comply at all times with all the regu-
    13  lations  of  the  local  department of health. Nothing contained in this
    14  subdivision, however, shall be construed to require  that  any  food  be
    15  sold  or  purchased  with  any liquor, nor shall any rule, regulation or
    16  standard be promulgated or enforced requiring that the sale of  food  be
    17  substantial  or  that  the  receipts of the business other than from the
    18  sale of liquor equal any set percentage of  total  receipts  from  sales
    19  made therein.
    20    §  4.  Subdivision 9 of section 64-a of the alcoholic beverage control
    21  law, as added by chapter 531 of the laws of 1964, is amended to read  as
    22  follows:
    23    9.    In  the  case of a motion picture theatre applying for a license
    24  under this section, any  municipality  required  to  be  notified  under
    25  section  one  hundred  ten-b of this chapter may express an opinion with
    26  respect to whether the application should be approved, and such  opinion
    27  may  be  considered in determining whether good cause exists to deny any
    28  such application.
    29    10. The liquor authority may make such rules as it deems necessary  to
    30  carry out the provisions of this section.
    31    §  5.  This  act shall take effect immediately and shall expire and be
    32  deemed repealed 3 years after such date.
 
    33                                   PART DD
 
    34    Section 1. This Part enacts into law components of legislation  relat-
    35  ing  to  deeming  the  objects  or purposes for which certain bonds were
    36  issued by the city of Buffalo and authorizing  the  expenditure  of  the
    37  proceeds from such bonds for such objects or purposes. Each component is
    38  wholly  contained  within  a Subpart identified as Subparts A through D.
    39  The effective date for each particular provision contained  within  such
    40  Subpart  is set forth in the last section of such Subpart. Any provision
    41  in any section contained within a Subpart, including the effective  date
    42  of the Subpart, which makes a reference to a section "of this act", when
    43  used  in  connection  with that particular component, shall be deemed to
    44  mean and refer to the corresponding section of the Subpart in  which  it
    45  is  found.  Section  three of this Part sets forth the general effective
    46  date of this Part.
 
    47                                  SUBPART A
 
    48    Section 1. Legislative findings.  The  legislature  hereby  finds  and
    49  determines  that  pursuant  to a bond resolution dated February 19, 2019
    50  adopted by the common council of the city of Buffalo,  county  of  Erie,
    51  (the "common council" and the "city" respectively) the city issued bonds
    52  in   the   principal  amount  of  $1,100,000  to  finance  the  cost  of

        S. 8305--C                         67                         A. 8805--C
 
     1  construction of a new police shooting  range.  The  legislature  further
     2  finds  and determines that said resolution failed to include language to
     3  identify the accurate address within the city in which such construction
     4  of a new police shooting range is intended to be made.
     5    § 2. Notwithstanding the defects described in section one of this act,
     6  the  object  or  purposes  for  which  said bonds were issued are hereby
     7  deemed to be for the construction of a new police shooting range  to  be
     8  located  at  379 Paderewski Drive in the city of Buffalo as mentioned in
     9  the aforesaid resolution and the expenditure of the $1,100,000  proceeds
    10  of  such  bonds for such objects or purposes is hereby authorized, vali-
    11  dated, confirmed and ratified.
    12    § 3. The authorization provided in section two of this act  shall  not
    13  take  effect  until  the  common council of the city of Buffalo adopts a
    14  resolution after the effective date of this act that shall be subject to
    15  permissive referendum pursuant to section 23-11 of the  charter  of  the
    16  city  of  Buffalo as if the council had not already created a city debt.
    17  In the event a successful petition is filed with  the  city  clerk,  the
    18  authorization  provided in section two of this act shall not take effect
    19  unless such resolution is approved by the affirmative vote of a majority
    20  of the qualified electors.
    21    § 4. Separability. If any clause, sentence, paragraph, section or part
    22  of this act shall be adjudged by any court of competent jurisdiction  to
    23  be  invalid,  such  judgment shall not affect, impair, or invalidate the
    24  remainder thereof, but shall be confined in its operation to the clause,
    25  sentence, paragraph, section or part thereof directly  involved  in  the
    26  controversy in which such judgment shall have been rendered.
    27    § 5. This act shall take effect immediately.

    28                                  SUBPART B
 
    29    Section  1.  Legislative  findings.  The  legislature hereby finds and
    30  determines that pursuant to a bond resolution dated  February  18,  2020
    31  adopted  by  the  common council of the city of Buffalo, county of Erie,
    32  (the "common council" and the "city" respectively) the city issued bonds
    33  in the principal amount of $400,000 to finance the cost of  construction
    34  of a new police shooting range. The legislature further finds and deter-
    35  mines  that  said  resolution failed to include language to identify the
    36  accurate address within the city in which such  construction  of  a  new
    37  police shooting range is intended to be made.
    38    § 2. Notwithstanding the defects described in section one of this act,
    39  the  object  or  purposes  for  which  said bonds were issued are hereby
    40  deemed to be for the construction of a new police shooting range  to  be
    41  located  at  379 Paderewski Drive in the city of Buffalo as mentioned in
    42  the aforesaid resolution and the expenditure of the $400,000 proceeds of
    43  such bonds for such objects or purposes is hereby authorized, validated,
    44  confirmed and ratified.
    45    § 3. The authorization provided in section two of this act  shall  not
    46  take  effect  until  the  common council of the city of Buffalo adopts a
    47  resolution after the effective date of this act that shall be subject to
    48  permissive referendum pursuant to section 23-11 of the  charter  of  the
    49  city  of  Buffalo as if the council had not already created a city debt.
    50  In the event a successful petition is filed with  the  city  clerk,  the
    51  authorization  provided in section two of this act shall not take effect
    52  unless such resolution is approved by the affirmative vote of a majority
    53  of the qualified electors.

        S. 8305--C                         68                         A. 8805--C
 
     1    § 4. Separability. If any clause, sentence, paragraph, section or part
     2  of this act shall be adjudged by any court of competent jurisdiction  to
     3  be  invalid,  such  judgment shall not affect, impair, or invalidate the
     4  remainder thereof, but shall be confined in its operation to the clause,
     5  sentence,  paragraph,  section  or part thereof directly involved in the
     6  controversy in which such judgment shall have been rendered.
     7    § 5. This act shall take effect immediately.
 
     8                                  SUBPART C
 
     9    Section 1. Legislative findings.  The  legislature  hereby  finds  and
    10  determines  that  pursuant  to a bond resolution dated February 22, 2022
    11  adopted by the common council of the city of Buffalo,  county  of  Erie,
    12  (the "common council" and the "city" respectively) the city issued bonds
    13  in   the   principal  amount  of  $1,879,700  to  finance  the  cost  of
    14  construction of a new police training facility. The legislature  further
    15  finds  and determines that said resolution failed to include language to
    16  identify the accurate address within the city in which such construction
    17  of a new police training facility is intended to be made.
    18    § 2. Notwithstanding the defects described in section one of this act,
    19  the object or purposes for which  said  bonds  were  issued  are  hereby
    20  deemed  to  be for the construction of a new police training facility to
    21  be located at 379 Paderewski Drive in the city of Buffalo  as  mentioned
    22  in  the  aforesaid  resolution  and  the  expenditure  of the $1,879,700
    23  proceeds of such bonds for such objects or purposes  is  hereby  author-
    24  ized, validated, confirmed and ratified.
    25    §  3.  The authorization provided in section two of this act shall not
    26  take effect until the common council of the city  of  Buffalo  adopts  a
    27  resolution after the effective date of this act that shall be subject to
    28  permissive  referendum  pursuant  to section 23-11 of the charter of the
    29  city of Buffalo as if the council had not already created a  city  debt.
    30  In  the  event  a  successful petition is filed with the city clerk, the
    31  authorization provided in section two of this act shall not take  effect
    32  unless such resolution is approved by the affirmative vote of a majority
    33  of the qualified electors.
    34    § 4. Separability. If any clause, sentence, paragraph, section or part
    35  of  this act shall be adjudged by any court of competent jurisdiction to
    36  be invalid, such judgment shall not affect, impair,  or  invalidate  the
    37  remainder thereof, but shall be confined in its operation to the clause,
    38  sentence,  paragraph,  section  or part thereof directly involved in the
    39  controversy in which such judgment shall have been rendered.
    40    § 5. This act shall take effect immediately.
 
    41                                  SUBPART D
 
    42    Section 1. Legislative findings.  The  legislature  hereby  finds  and
    43  determines  that  pursuant  to  a bond resolution dated February 7, 2023
    44  adopted by the common council of the city of Buffalo,  county  of  Erie,
    45  (the "common council" and the "city" respectively) the city issued bonds
    46  in   the   principal  amount  of  $1,514,700  to  finance  the  cost  of
    47  construction of a new police training facility, including  planning  and
    48  design work, related site improvements, and furnishings. The legislature
    49  further  finds  and  determines  that  said resolution failed to include
    50  language to identify the accurate address within the city in which  such
    51  construction of a new police training facility is intended to be made.

        S. 8305--C                         69                         A. 8805--C
 
     1    § 2. Notwithstanding the defects described in section one of this act,
     2  the  object  or  purposes  for  which  said bonds were issued are hereby
     3  deemed to be for the construction of a  new  police  training  facility,
     4  including  planning  and  design  work,  related  site improvements, and
     5  furnishings to be located at 379 Paderewski Drive in the city of Buffalo
     6  as  mentioned  in  the  aforesaid  resolution and the expenditure of the
     7  $1,514,700 proceeds of such bonds for such objects or purposes is hereby
     8  authorized, validated, confirmed and ratified.
     9    § 3. The authorization provided in section two of this act  shall  not
    10  take  effect  until  the  common council of the city of Buffalo adopts a
    11  resolution after the effective date of this act that shall be subject to
    12  permissive referendum pursuant to section 23-11 of the  charter  of  the
    13  city  of  Buffalo as if the council had not already created a city debt.
    14  In the event a successful petition is filed with  the  city  clerk,  the
    15  authorization  provided in section two of this act shall not take effect
    16  unless such resolution is approved by the affirmative vote of a majority
    17  of the qualified electors.
    18    § 4. Separability. If any clause, sentence, paragraph, section or part
    19  of this act shall be adjudged by any court of competent jurisdiction  to
    20  be  invalid,  such  judgment shall not affect, impair, or invalidate the
    21  remainder thereof, but shall be confined in its operation to the clause,
    22  sentence, paragraph, section or part thereof directly  involved  in  the
    23  controversy in which such judgment shall have been rendered.
    24    § 5. This act shall take effect immediately.
    25    §  2.  Severability.  If  any  clause, sentence, paragraph, section or
    26  subpart of this act shall be adjudged by any court of  competent  juris-
    27  diction  to  be  invalid  and  after  exhaustion of all further judicial
    28  review, the judgment shall not affect, impair, or invalidate the remain-
    29  der thereof, but shall be confined  in  its  operation  to  the  clause,
    30  sentence, paragraph, section or subpart of this act directly involved in
    31  the controversy in which the judgment shall have been rendered.
    32    §  3.  This  act shall take effect immediately provided, however, that
    33  the applicable effective date of Subparts A through D of this act  shall
    34  be as specifically set forth in the last section of such Subparts.
 
    35                                   PART EE
 
    36    Section  1.    The  retirement  and  social security law is amended by
    37  adding a new section 604-j to read as follows:
    38    § 604-j. Twenty-five  year  retirement  program  for  fire  protection
    39  inspector  members. a.   Definitions. The following words and phrases as
    40  used in this section shall have the following meanings unless a  differ-
    41  ent meaning is plainly required by the context.
    42    1.  "Fire  protection  inspector  member"  shall  mean a member who is
    43  employed by the city of New York or by the New York city fire department
    44  in a title whose duties are those of  a  fire  protection  inspector  or
    45  associate  fire protection inspector; or in a title whose duties require
    46  the supervision of employees whose duties are those of a fire protection
    47  inspector or associate fire protection inspector.
    48    2. "Twenty-five year retirement program" shall mean all the terms  and
    49  conditions of this section.
    50    3.  "Starting  date  of the twenty-five year retirement program" shall
    51  mean the effective date of this section.
    52    4. "Participant in the twenty-five year retirement program" shall mean
    53  any  fire  protection  inspector  member  who,  under   the   applicable
    54  provisions  of subdivision b of this section, is entitled to the rights,

        S. 8305--C                         70                         A. 8805--C

     1  benefits, and privileges and is subject to the obligations of the  twen-
     2  ty-five year retirement program, as applicable to them.
     3    5.  "Discontinued  member" shall mean a participant in the twenty-five
     4  year retirement program who, while they were a fire protection inspector
     5  member, discontinued service as such a member  and  has  a  right  to  a
     6  deferred vested benefit under subdivision d of this section.
     7    6.  "Administrative  code"  shall  mean the administrative code of the
     8  city of New York.
     9    7. "Allowable service as a fire  protection  inspector  member"  shall
    10  mean all service as a fire protection inspector member.
    11    b.  Participation  in  the  twenty-five  year  retirement  program. 1.
    12  Subject to the provisions of paragraphs six and seven of  this  subdivi-
    13  sion, any person who is a fire protection inspector member on the start-
    14  ing  date  of the twenty-five year retirement program and who, as such a
    15  fire protection inspector member or otherwise, last  became  subject  to
    16  the provisions of this article prior to such starting date, may elect to
    17  become  a  participant  in  the  twenty-five  year retirement program by
    18  filing, within one hundred eighty days after the starting  date  of  the
    19  twenty-five  year  retirement  program,  a duly executed application for
    20  such participation with the retirement system of which such person is  a
    21  member, provided they are such a fire protection inspector member on the
    22  date such application is filed.
    23    2.  Subject  to  the  provisions  of  paragraphs six and seven of this
    24  subdivision, any person who becomes a fire protection  inspector  member
    25  after  the  starting date of the twenty-five year retirement program and
    26  who, as such a fire  protection  inspector  member  or  otherwise,  last
    27  became  subject to the provisions of this article prior to such starting
    28  date, may elect to become a participant in the twenty-five year  retire-
    29  ment  program  by  filing, within one hundred eighty days after becoming
    30  such a fire protection inspector member, a duly executed application for
    31  such participation with the retirement system for which such person is a
    32  member, provided they are such a fire protection inspector member on the
    33  date such application is filed.
    34    3. Each fire protection inspector member, other than a fire protection
    35  inspector member subject to paragraph one or two  of  this  subdivision,
    36  who  becomes  subject  to the provisions of this article on or after the
    37  starting date of the twenty-five year retirement program shall become  a
    38  participant  in the twenty-five year retirement program on the date they
    39  become such a fire protection inspector  member.  Provided,  however,  a
    40  person  subject  to this paragraph, and who has exceeded age twenty-five
    41  upon employment as a fire protection inspector member, shall  be  exempt
    42  from  participation  in the improved twenty-five year retirement program
    43  if such person elects not to participate by filing a duly executed  form
    44  with  the retirement system within one hundred eighty days of becoming a
    45  fire protection inspector member.
    46    4. Any election to be a participant in the twenty-five year retirement
    47  program shall be irrevocable.
    48    5. Where any participant in the twenty-five  year  retirement  program
    49  shall  cease  to be employed as a fire protection inspector member, they
    50  shall cease to be such a participant and, during  any  period  in  which
    51  such  person  is not so employed, they shall not be a participant in the
    52  twenty-five year retirement program and shall not be  eligible  for  the
    53  benefits of subdivision c of this section.
    54    6.  Where  any  participant in the twenty-five year retirement program
    55  terminates service as a fire protection inspector member and returns  to

        S. 8305--C                         71                         A. 8805--C
 
     1  such service as a fire protection inspector member at a later date, they
     2  shall again become such a participant on that date.
     3    7. Notwithstanding any other provision of the law to the contrary, any
     4  person  who  is eligible to elect to become a participant in the twenty-
     5  five year retirement program pursuant to paragraph one or  two  of  this
     6  subdivision  for  the full one hundred eighty day period provided for in
     7  such applicable paragraph and who fails to timely file a  duly  executed
     8  application for such participation with the retirement system, shall not
     9  thereafter be eligible to become a participant in such program.
    10    c.  Service  retirement  benefits. 1. A participant in the twenty-five
    11  year retirement program:
    12    (i) who has completed twenty-five or more years of  allowable  service
    13  as a fire protection inspector member; and
    14    (ii)  who has paid, before the effective date of retirement, all addi-
    15  tional member contributions and interest (if any) required  by  subdivi-
    16  sion e of this section; and
    17    (iii)  who files with the retirement system of which they are a member
    18  an application for service retirement setting forth at  what  time,  not
    19  less  than  thirty  days subsequent to the execution and filing thereof,
    20  their desire to be retired; and
    21    (iv) who shall be a participant in  the  twenty-five  year  retirement
    22  program  at the time so specified for their retirement; shall be retired
    23  pursuant to the provisions  of  this  section  affording  early  service
    24  retirement.
    25    2.  Notwithstanding  the  provisions of subdivision a-1 of section six
    26  hundred three of this article, or any other  provision  of  law  to  the
    27  contrary,  and subject to the provisions of paragraph six of subdivision
    28  e of this section, the early service retirement benefit for participants
    29  in the twenty-five year retirement program who retire pursuant to  para-
    30  graph one of this subdivision shall be a retirement allowance consisting
    31  of:
    32    (i)  an  amount, on account of the required minimum period of service,
    33  equal to fifty percent of their final average salary; plus
    34    (ii) an amount on account of allowable service as  a  fire  protection
    35  inspector  member,  or  fraction  thereof,  beyond such required minimum
    36  period of service equal to two percent of their final  salary  for  such
    37  allowable service as a fire protection inspector member during the peri-
    38  od  from  completion of twenty-five years of allowable service as a fire
    39  protection inspector member to the date of retirement but not to  exceed
    40  more  than five years of additional service as a fire protection inspec-
    41  tor member.
    42    d. Vesting. 1.  A  participant  in  the  twenty-five  year  retirement
    43  program:
    44    (i)  who  discontinues  service  as  such a participant, other than by
    45  death or retirement; and
    46    (ii) who prior to such discontinuance, completed five  but  less  than
    47  twenty-five  years  of  allowable service as a fire protection inspector
    48  member; and
    49    (iii) who, subject to the provisions of paragraph seven of subdivision
    50  e of this section, has paid, prior to  such  discontinuance,  all  addi-
    51  tional  member  contributions and interest (if any) required by subdivi-
    52  sion e of this section; and
    53    (iv) who does not withdraw in  whole  or  in  part  their  accumulated
    54  member  contributions  pursuant  to section six hundred thirteen of this
    55  article unless such participant thereafter returns to public service and
    56  repays the amounts so withdrawn, together  with  interest,  pursuant  to

        S. 8305--C                         72                         A. 8805--C
 
     1  such  section  six  hundred  thirteen;  shall  be  entitled to receive a
     2  deferred vested benefit as provided in this subdivision.
     3    2. (i) Upon such discontinuance under the conditions and in compliance
     4  with  the provisions of paragraph one of this subdivision, such deferred
     5  vested benefit shall vest automatically.
     6    (ii) In the case of a participant who is not a New York  city  revised
     7  plan  member,  such  vested benefit shall become payable on the earliest
     8  date on which such discontinued member could have retired for service if
     9  such discontinuance had not occurred or, in the case  of  a  participant
    10  who  is  a  New York city revised plan member, such vested benefit shall
    11  become payable at age sixty-three. Subject to the  provisions  of  para-
    12  graph seven of subdivision e of this section, such deferred vested bene-
    13  fit shall be a retirement allowance consisting of an amount equal to two
    14  percent  of  such discontinued member's final average salary, multiplied
    15  by the number of years of credited service.
    16    e. Additional member contributions.  1.  In  addition  to  the  member
    17  contributions  required by section six hundred thirteen of this article,
    18  each participant  in  the  twenty-five  year  retirement  program  shall
    19  contribute  to the retirement system of which they are a member (subject
    20  to the applicable provisions of subdivision d  of  section  six  hundred
    21  thirteen  of  this article and subject to the limitation provided for in
    22  paragraph two of this subdivision) an  additional  six  and  twenty-five
    23  one-hundredths  percent of their compensation earned from (i) all allow-
    24  able service, as  a  participant  in  the  twenty-five  year  retirement
    25  program,  rendered on or after the starting date of the twenty-five year
    26  retirement program, and (ii) all allowable  service  after  such  person
    27  ceases  to  be a participant, but before they again become a participant
    28  pursuant to paragraph six of subdivision b of this  section.  The  addi-
    29  tional  contributions required by this section shall be in lieu of addi-
    30  tional member contributions required by subdivision  d  of  section  six
    31  hundred  four-c  of  this article, as added by chapter ninety-six of the
    32  laws of nineteen hundred ninety-five, and no  member  making  additional
    33  contributions  pursuant  to  this  section  shall  be  required  to make
    34  contributions pursuant to such subdivision  d  of  section  six  hundred
    35  four-c of this article. Notwithstanding the foregoing provisions of this
    36  paragraph,  the  additional  member  contribution required to be paid by
    37  each participant  pursuant  to  this  paragraph  shall  not  exceed  the
    38  percentage  of  their  compensation that, when added to the contribution
    39  made pursuant to subdivision d of section six hundred thirteen  of  this
    40  article,  equals  nine  and  twenty-five  one-hundredths percent of that
    41  compensation.
    42    2. A participant in the  twenty-five  year  retirement  program  shall
    43  contribute  additional  member  contributions until the later of (i) the
    44  first anniversary of the starting date of the twenty-five  year  retire-
    45  ment  program,  or  (ii) the date on which they complete thirty years of
    46  allowable service as a fire protection inspector member.
    47    3. Commencing with the first full payroll  period  after  each  person
    48  becomes  a participant in the twenty-five year retirement program, addi-
    49  tional member contributions at the rate specified in  paragraph  one  of
    50  this subdivision shall be deducted (subject to the applicable provisions
    51  of  subdivision  d of section six hundred thirteen of this article) from
    52  the compensation of such participant on each and every payroll  of  such
    53  participant  for each and every payroll period for which they are such a
    54  participant.
    55    4. (i) Each participant in the  twenty-five  year  retirement  program
    56  shall  be charged with a contribution deficiency consisting of the total

        S. 8305--C                         73                         A. 8805--C
 
     1  amounts of additional member contributions such person  is  required  to
     2  make  pursuant  to  paragraphs one and two of this subdivision which are
     3  not deducted from their compensation pursuant to paragraph three of this
     4  subdivision,  if any, together with interest thereon, compounded annual-
     5  ly, and computed in accordance with the provisions of subparagraphs (ii)
     6  and (iii) of this paragraph.
     7    (ii) (A) The interest required to be paid on each such  amount  speci-
     8  fied  in subparagraph (i) of this paragraph shall accrue from the end of
     9  the payroll period for which such amount would have been  deducted  from
    10  compensation  if  they  had  been a participant at the beginning of that
    11  payroll period and such deduction had been  required  for  such  payroll
    12  period, until such amount is paid to the retirement system.
    13    (B)  The rate of interest to be applied to each such amount during the
    14  period for which interest accrues on that amount shall be equal  to  the
    15  rate  or  rates  of interest required by law to be used during that same
    16  period to credit interest on the accumulated  deductions  of  retirement
    17  system members.
    18    (iii)  Except as otherwise provided in paragraph five of this subdivi-
    19  sion, no interest shall be due on any unpaid additional member  contrib-
    20  utions  which  are  not attributable to a period prior to the first full
    21  payroll period referred to in paragraph three of this subdivision.
    22    5. (i) Should any person who, pursuant to subparagraph (ii)  of  para-
    23  graph ten of this subdivision, has received a refund of their additional
    24  member  contribution  including any interest paid on such contributions,
    25  again become a participant in the twenty-five  year  retirement  program
    26  pursuant to paragraph six of subdivision b of this section, an appropri-
    27  ate  amount  shall  be included in such participant's contribution defi-
    28  ciency (including interest thereon as calculated  pursuant  to  subpara-
    29  graph  (ii)  of  this paragraph) for any credited service for which such
    30  person  received  a  refund  of  such  additional  member  contributions
    31  (including  any  amount  of  an  unpaid loan balance deemed to have been
    32  returned to such person pursuant to paragraph twelve  of  this  subdivi-
    33  sion), as if such additional member contributions never had been paid.
    34    (ii)(A)  Interest  on  a participant's additional member contributions
    35  included in  such  participant's  contribution  deficiency  pursuant  to
    36  subparagraph  (i) of this paragraph shall be calculated as if such addi-
    37  tional member contributions had never been paid by such participant, and
    38  such interest shall accrue from the end of the payroll period  to  which
    39  an amount of such additional member contributions is attributable, until
    40  such amount is paid to the retirement system.
    41    (B)  The rate of interest to be applied to each such amount during the
    42  period for which interest accrues on that amount shall be  five  percent
    43  per annum, compounded annually.
    44    6.  Where  a participant who is otherwise eligible for service retire-
    45  ment pursuant to subdivision c of this section did  not,  prior  to  the
    46  effective  date  of  retirement, pay the entire amount of a contribution
    47  deficiency chargeable to them pursuant to paragraphs four  and  five  of
    48  this  subdivision,  or  repay the entire amount of a loan of their addi-
    49  tional member contributions pursuant to paragraph eleven of this  subdi-
    50  vision  (including  accrued  interest  on  such loan), that participant,
    51  nevertheless, shall be eligible to retire pursuant to subdivision  c  of
    52  this section, provided, however, that such participant's service retire-
    53  ment  benefit calculated pursuant to paragraph two of such subdivision c
    54  of this section shall be  reduced  by  a  life  annuity  (calculated  in
    55  accordance  with  the  method  set forth in subdivision i of section six
    56  hundred thirteen-b of this article) which is actuarially equivalent to:

        S. 8305--C                         74                         A. 8805--C
 
     1    (i) the amount of any unpaid  contribution  deficiency  chargeable  to
     2  such  member  pursuant  to paragraphs four and five of this subdivision;
     3  plus
     4    (ii)  the  amount  of any unpaid balance of a loan of their additional
     5  member contributions pursuant to paragraph eleven  of  this  subdivision
     6  (including accrued interest on such loan).
     7    7. Where a participant who is otherwise eligible for a vested right to
     8  a  deferred  benefit  pursuant to subdivision d of this section did not,
     9  prior to the date of discontinuance of service, pay the entire amount of
    10  a contribution deficiency chargeable to them pursuant to paragraphs four
    11  and five of this subdivision, or repay the entire amount of  a  loan  of
    12  their  additional  member  contributions pursuant to paragraph eleven of
    13  this subdivision (including accrued interest on such loan), that partic-
    14  ipant, nevertheless, shall have a vested right  to  a  deferred  benefit
    15  pursuant  to  subdivision  d of this section provided, however, that the
    16  deferred vested benefit calculated pursuant to paragraph two of subdivi-
    17  sion d of this section shall be reduced by a life annuity (calculated in
    18  accordance with the method set forth in subdivision  i  of  section  six
    19  hundred thirteen-b of this article) which is actuarially equivalent to:
    20    (i)  the  amount  of any unpaid contribution chargeable to such member
    21  pursuant to paragraphs four and five of this subdivision; plus
    22    (ii) the amount of any unpaid balance of a loan  of  their  additional
    23  member  contributions  pursuant  to paragraph eleven of this subdivision
    24  (including accrued interest on such a loan).
    25    8. The head of a retirement system which includes participants in  the
    26  twenty-five  year  retirement  program in its membership may, consistent
    27  with the provisions of this subdivision, promulgate regulations for  the
    28  payment of such additional member contributions, and any interest there-
    29  on, by such participants (including the deduction of such contributions,
    30  and any interest thereon, from the participant's compensation).
    31    9.  Subject  to  the  provisions  of  paragraphs six and seven of this
    32  subdivision, where a participant has not paid in full  any  contribution
    33  deficiency  chargeable  to  them pursuant to paragraphs four and five of
    34  this subdivision, and a benefit, other than a refund of member  contrib-
    35  utions  pursuant  to  section  six hundred thirteen of this article or a
    36  refund of additional member contributions pursuant to subparagraph  (ii)
    37  of paragraph ten of this subdivision, becomes payable under this article
    38  to  the  participant  or  to their designated beneficiary or estate, the
    39  actuarial equivalent of any such unpaid amount shall  be  deducted  from
    40  the benefit otherwise payable.
    41    10.  (i) Such additional member contributions (and any interest there-
    42  on) shall be paid into the contingent reserve  fund  of  the  retirement
    43  system  of  which  the  participant  is  a  member and shall not for any
    44  purpose be deemed to be member  contributions  or  accumulated  contrib-
    45  utions of a member under section six hundred thirteen of this article or
    46  otherwise  while  they are a participant in the twenty-five year retire-
    47  ment program or otherwise.
    48    (ii) Should a participant in the twenty-five year  retirement  program
    49  who  has  rendered  less than fifteen years of credited service cease to
    50  hold a position as a fire protection inspector  member  for  any  reason
    51  whatsoever,  their  accumulated  additional  member  contributions  made
    52  pursuant to this subdivision (together with any interest thereon paid to
    53  the retirement system) may be withdrawn by them pursuant  to  procedures
    54  promulgated  in  regulations  of the board of trustees of the retirement
    55  system, together with interest thereon at the rate of five  percent  per
    56  annum, compounded annually.

        S. 8305--C                         75                         A. 8805--C
 
     1    (iii)  Notwithstanding any other provision of law to the contrary, (A)
     2  no person shall be permitted to withdraw from the retirement system  any
     3  additional member contributions paid pursuant to this subdivision or any
     4  interest  paid  thereon,  except  pursuant to and in accordance with the
     5  preceding subparagraphs of this paragraph; and (B) no person, while they
     6  are  a  participant in the twenty-five year retirement program, shall be
     7  permitted to withdraw any such additional member  contributions  or  any
     8  interest  paid thereon pursuant to any of the preceding subparagraphs of
     9  this paragraph or otherwise.
    10    11. A participant in the twenty-five year retirement program shall  be
    11  permitted  to borrow from their additional member contributions (includ-
    12  ing any interest paid thereon) which  are  credited  to  the  additional
    13  contributions account established for such participant in the contingent
    14  reserve  fund  of  the  retirement system. The borrowing from such addi-
    15  tional member contributions pursuant to this paragraph shall be governed
    16  by the rights, privileges, obligations,  and  procedures  set  forth  in
    17  section  six hundred thirteen-b of this article which govern the borrow-
    18  ing of member contributions made pursuant to section six  hundred  thir-
    19  teen  of  this  article.  The board of trustees of the retirement system
    20  may,  consistent  with  the  provisions  of  this  subdivision  and  the
    21  provisions  of  section  six  hundred thirteen-b of this article as made
    22  applicable to this subdivision,  promulgate  regulations  governing  the
    23  borrowing of such additional member contributions.
    24    12.  Whenever  a person has an unpaid balance of a loan or their addi-
    25  tional member contributions pursuant to paragraph eleven of this  subdi-
    26  vision  at the time they become entitled to a refund of their additional
    27  member contributions pursuant to subparagraph (ii) of paragraph  ten  of
    28  this  subdivision,  the  amount  of  such unpaid loan balance (including
    29  accrued interest) shall be deemed to have been returned to such  member,
    30  and  the refund of such additional contributions shall be the net amount
    31  of such contribution, together with interest thereon in accordance  with
    32  the provisions of such subparagraph (ii).
    33    § 2. Subdivision d of section 613 of the retirement and social securi-
    34  ty law is amended by adding a new paragraph 12 to read as follows:
    35    12.  (i)  The city of New York shall, in the case of a fire protection
    36  inspector member (as defined  in  paragraph  one  of  subdivision  a  of
    37  section  six hundred four-j of this article) who is a participant in the
    38  twenty-five year retirement program (as defined  in  paragraph  four  of
    39  subdivision  a  of  such section six hundred four-j), pick up and pay to
    40  the retirement system of which such participant is a  member  all  addi-
    41  tional  member  contributions  which  otherwise  would be required to be
    42  deducted from such member's compensation pursuant to paragraphs one  and
    43  two  of subdivision e of such section six hundred four-j of this article
    44  (not including any additional member contributions due  for  any  period
    45  prior  to  the  first  full payroll period referred to in such paragraph
    46  three of such subdivision e), and shall effect such pick up in each  and
    47  every payroll of such participant for each and every payroll period with
    48  respect  to  which  such  paragraph  three  would otherwise require such
    49  deductions.
    50    (ii) An amount equal to the amount of additional contributions  picked
    51  up  pursuant  to  this paragraph shall be deducted by such employer from
    52  the compensation of such member (as such compensation would  be  in  the
    53  absence of a pick up program applicable to them hereunder) and shall not
    54  be paid to such member.
    55    (iii)  The  additional member contributions picked up pursuant to this
    56  paragraph for any such member shall be paid by such employer in lieu  of

        S. 8305--C                         76                         A. 8805--C
 
     1  an equal amount of additional member contributions otherwise required to
     2  be  paid by such member under the applicable provisions of subdivision e
     3  of section six hundred four-j of this article, and shall be deemed to be
     4  and  treated as employer contributions pursuant to section 414(h) of the
     5  Internal Revenue Code.
     6    (iv) For the purpose of  determining  the  retirement  system  rights,
     7  benefits,  and privileges of any member whose additional member contrib-
     8  utions are picked up pursuant to this paragraph, such  picked  up  addi-
     9  tional member contributions shall be deemed to be and treated as part of
    10  such  member's  additional  member  contributions  under  the applicable
    11  provisions of subdivision e of section six hundred four-j of this  arti-
    12  cle.
    13    (v) With the exception of federal income tax treatment, the additional
    14  member  contributions  picked  up  pursuant  to subparagraph (i) of this
    15  paragraph shall for all other purposes, including computation of retire-
    16  ment benefits and contributions by employers and  employees,  be  deemed
    17  employee   salary.  Nothing  contained  in  this  subdivision  shall  be
    18  construed as superseding the provisions of section four hundred  thirty-
    19  one  of  this  chapter, or any similar provision of law which limits the
    20  salary base for  computing  retirement  benefits  payable  by  a  public
    21  retirement system.
    22    § 3. Subdivision a of section 603 of the retirement and social securi-
    23  ty law, as amended by chapter 18 of the laws of 2012, is amended to read
    24  as follows:
    25    a.  The  service  retirement  benefit specified in section six hundred
    26  four of this article shall be payable to members who have met the  mini-
    27  mum  service  requirements  upon retirement and attainment of age sixty-
    28  two, other than members who are eligible for  early  service  retirement
    29  pursuant to subdivision c of section six hundred four-b of this article,
    30  subdivision c of section six hundred four-c of this article, subdivision
    31  d  of  section  six  hundred  four-d  of  this article, subdivision c of
    32  section six hundred four-e of this article, subdivision c of section six
    33  hundred four-f of this article, subdivision c  of  section  six  hundred
    34  four-g  of  this article, subdivision c of section six hundred four-h of
    35  this article [or] subdivision c of section six hundred  four-i  of  this
    36  article, or subdivision c of section six hundred four-j of this article,
    37  provided,  however, a member of a teachers' retirement system or the New
    38  York state and local employees' retirement system who first  joins  such
    39  system  before  January  first,  two  thousand  ten or a member who is a
    40  uniformed court officer or peace officer employed by the  unified  court
    41  system  who  first  becomes  a  member  of  the New York state and local
    42  employees' retirement system before April first, two thousand twelve may
    43  retire without reduction of [his or her] their retirement  benefit  upon
    44  attainment  of at least fifty-five years of age and completion of thirty
    45  or more years of service, provided,  however,  that  a  uniformed  court
    46  officer  or peace officer employed by the unified court system who first
    47  becomes a member of the New York state and local  employees'  retirement
    48  system  on  or after January first, two thousand ten and retires without
    49  reduction of [his or her] their retirement benefit upon attainment of at
    50  least fifty-five years of age and completion of thirty or more years  of
    51  service  pursuant  to  this section shall be required to make the member
    52  contributions required by subdivision f of section six hundred  thirteen
    53  of  this  article  for  all  years  of  credited and creditable service,
    54  provided further that the [the] preceding provisions of this subdivision
    55  shall not apply to a New York city revised plan member.

        S. 8305--C                         77                         A. 8805--C
 
     1    § 4. Nothing contained in sections two and three of this act shall  be
     2  construed  to  create  any  contractual right with respect to members to
     3  whom such sections apply.  The provisions of such sections are  intended
     4  to  afford  members  the advantages of certain benefits contained in the
     5  internal  revenue  code,  and  the  effectiveness  and existence of such
     6  sections and benefits they confer are completely contingent thereon.
     7    § 5. This act shall take effect immediately, provided, however that:
     8    (a) The provisions of sections two and three of this act shall  remain
     9  in  full  force  and  effect  only  so long as, pursuant to federal law,
    10  contributions picked up under such sections are not includable as  gross
    11  income  of a member for federal income tax purposes until distributed or
    12  made available to the member; provided that the New York city employees'
    13  retirement system shall notify the legislative bill drafting  commission
    14  upon the occurrence of such a change in federal law ruling affecting the
    15  provisions  of  this  act  in  order that the commission may maintain an
    16  accurate and timely effective data base of the official text of the laws
    17  of the state of New York in furtherance of effectuating  the  provisions
    18  of  section  44  of  the  legislative law and section 70-b of the public
    19  officers law;
    20    (b) The amendments to subdivision a of section 603 of  the  retirement
    21  and  social  security  law  made  by section three of this act shall not
    22  affect the expiration of such subdivision and shall be deemed to  expire
    23  therewith.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY:  This proposed legislation would establish 25-Year Retirement
        Programs for Fire Protection Inspectors (FPI 25-Year Plans) for  Tier  4
        and Tier 6 members of NYCERS.
                  EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
                 by Fiscal Year for the first 25 years ($ in Thousands)
                                       Year  NYCERS
                                       2025  321.8
                                       2026  309.8
                                       2027  299.1
                                       2028  290.0
                                       2029  281.4
                                       2030  273.4
                                       2031  264.3
                                       2032  256.8
                                       2033  250.5
                                       2034  241.9
                                       2035  232.1
                                       2036  223.9
                                       2037   24.9
                                       2038   17.1
                                       2039    9.4
                                       2040    3.3
                                       2041  (0.9)
                                       2042  (4.7)
                                       2043  (7.8)
                                       2044  (9.9)
                                       2045 (11.1)
                                       2046 (11.6)
                                       2047 (11.5)
                                       2048 (11.5)
                                       2049 (11.8)

        S. 8305--C                         78                         A. 8805--C
 
           Employer Contribution impact beyond Fiscal Year 2049 is not shown.
         Projected contributions include future new hires that may be impacted.
 
        The  entire  increase (decrease) in employer contributions will be allo-
        cated to New York City.
 
                  INITIAL INCREASE (DECREASE) IN ACTUARIAL LIABILITIES
                           as of June 30, 2023 ($ in Millions)
 
                      Present Value (PV)                     NYCERS
                      PV of Benefits:                        3.3
                      PV of Employee Contributions:          1.9
                      PV of Employer Contributions:          1.4
                      Unfunded Accrued Liabilities:          1.5
 
                       AMORTIZATION OF UNFUNDED ACCRUED LIABILITY

                                                             NYCERS
                      Number of Payments:                    12
                      Fiscal Year of Last Payment:           2036
                      Amortization Payment:                  192 K
 
          Unfunded Accrued Liability increases were amortized over the  expected
        remaining  working  lifetime  of  those  impacted by the benefit changes
        using level dollar payments.
          CENSUS DATA: The estimates presented herein are based  on  preliminary
        census  data collected as of June 30, 2023. The census data for the fire
        protection inspectors assumed to elect an FPI 25-Year Plan is summarized
        below.
 
                                                             NYCERS
                      Active Members
                      - Number Count:                        82
                      - Average Age:                         41.6
                      - Average Service:                     13.6
                      - Average Salary:                      88,200
 
          IMPACT ON MEMBER BENEFITS AND CONTRIBUTIONS: The proposed  legislation
        would  provide  fire  protection inspectors a service retirement benefit
        under the FPI 25-Year Plans equal to 50% of Final Average  Salary  (FAS)
        for  the  first  25  years of Allowable Service, plus 2% of FAS for each
        additional year of Allowable Service exceeding 25 years up to a  maximum
        of 30 years. The FAS is based on a three-year average for Tier 4 members
        and a five-year average for Tier 6 members. The vested benefit under the
        FPI 25-Year Plans would be 2% of FAS for each year of Allowable Service.
          Members of the FPI 25-Year Plans would be required to pay Basic Member
        Contributions (BMC), which vary by tier, plus Additional Member Contrib-
        utions  (AMC)  equal  to 6.25% of compensation for all service as a Plan
        participant on and after the starting date of the Plan until  the  later
        of  the  one-year  anniversary  of the effective date of the Plans or 30
        years of Allowable Service. In no event shall BMC plus AMC exceed  9.25%
        of compensation.
          ASSUMPTIONS  AND  METHODS:  The  estimates  presented herein have been
        calculated based on the Revised 2021 Actuarial Assumptions  and  Methods
        of the impacted retirement systems. In addition:

        S. 8305--C                         79                         A. 8805--C
 
          *  The  rates  of  retirement  for the FPI 25-Year Plans were assigned
        based on members' eligibility to elect or opt out of the plan.  The  FPI
        25-year  plan  will  be optional for current fire protection inspectors.
        Future members will be mandated into the FPI 25-year  plan  unless  they
        are over age 25 when hired as a fire protection inspector.
          *  New  entrants were assumed to replace exiting members so that total
        payroll for fire protection inspectors increases by 3%  each  year.  New
        entrant  demographics  were developed based on data for recent new hires
        and actuarial judgement. Future members, who are not over  age  25  when
        hired  as  a  fire  protection inspector, would be mandated into the FPI
        25-year plan.
          To determine the impact of the elective nature of the proposed  legis-
        lation,  a  subgroup  of NYCERS Fire Protection Inspectors was developed
        based on who is assumed to benefit  actuarially  by  comparing  the  net
        present  value  of  future employer costs of each member's benefit under
        their current plan and under the applicable FPI 25-Year Plan.
          RISK AND UNCERTAINTY: The costs presented in this Fiscal  Note  depend
        highly  on  the  actuarial  assumptions, methods, and models used, demo-
        graphics of the impacted population, and other factors such  as  invest-
        ment,  contribution, and other risks. If actual experience deviates from
        actuarial  assumptions,  the  actual  costs  could  differ  from   those
        presented  herein.  Quantifying  these risks is beyond the scope of this
        Fiscal Note.
          This Fiscal Note is intended to measure  pension-related  impacts  and
        does  not  include other potential costs (e.g., administrative and Other
        Postemployment Benefits).
          STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
        sky are members of the Society of Actuaries and the American Academy  of
        Actuaries.  We  are  members of NYCERS but do not believe it impairs our
        objectivity and we meet the  Qualification  Standards  of  the  American
        Academy  of  Actuaries to render the actuarial opinion contained herein.
        To the best of our knowledge, the results  contained  herein  have  been
        prepared  in accordance with generally accepted actuarial principles and
        procedures and with the Actuarial Standards of Practice  issued  by  the
        Actuarial Standards Board.
          FISCAL  NOTE  IDENTIFICATION: This Fiscal Note 2024-37 dated March 25,
        2024 was prepared by the Chief Actuary for the New York City  Retirement
        Systems and Pension Funds. This estimate is intended for use only during
        the 2024 Legislative Session.
 
     1                                   PART FF
 
     2    Section  1.  Subdivisions  9, 10 and 11 of section 155.30 of the penal
     3  law, subdivision 9 as amended by chapter 479 of the laws of 2010, subdi-
     4  vision 10 as added by chapter 491 of the laws of 1992 and subdivision 11
     5  as added by chapter 394 of the laws of  2005,  are  amended  and  a  new
     6  subdivision 12 is added to read as follows:
     7    9. The property consists of a scroll, religious vestment, a vessel, an
     8  item  comprising  a display of religious symbols which forms a represen-
     9  tative expression of faith, or  other  miscellaneous  item  of  property
    10  which:
    11    (a) has a value of at least one hundred dollars; and
    12    (b)  is  kept  for or used in connection with religious worship in any
    13  building, structure or upon the curtilage of such building or  structure
    14  used  as  a  place  of  religious worship by a religious corporation, as

        S. 8305--C                         80                         A. 8805--C
 
     1  incorporated under the  religious  corporations  law  or  the  education
     2  law[.]; or
     3    10. The property consists of an access device which the person intends
     4  to use unlawfully to obtain telephone service[.]; or
     5    11.  The  property  consists of anhydrous ammonia or liquified ammonia
     6  gas and the actor intends to use, or knows  another  person  intends  to
     7  use,  such  anhydrous  ammonia  or  liquified ammonia gas to manufacture
     8  methamphetamine[.]; or
     9    12. The property consists of retail goods or merchandise stolen pursu-
    10  ant to a common scheme or plan or a single, ongoing  intent  to  deprive
    11  another  or others of the property or to appropriate the property to the
    12  actor or another person and the value of the property exceeds one  thou-
    13  sand  dollars,  which  value may be determined by the aggregate value of
    14  all such property regardless of whether the goods  or  merchandise  were
    15  stolen from the same owner. Nothing in this subdivision shall be read to
    16  limit  the ability to aggregate the value of any property or the ability
    17  to charge the larceny of  retail  goods  or  merchandise  under  another
    18  applicable provision of law.
    19    §  2.  Subdivision 2 of section 155.35 of the penal law, as amended by
    20  chapter 464 of the laws of 2010, is amended and a new subdivision  3  is
    21  added to read as follows:
    22    2.  the  property is an automated teller machine or the contents of an
    23  automated teller machine[.], or
    24    3. the property consists of retail goods or merchandise stolen  pursu-
    25  ant  to  a  common scheme or plan or a single, ongoing intent to deprive
    26  another or others of the property or to appropriate the property to  the
    27  actor  or  another  person  and  the value of the property exceeds three
    28  thousand dollars, which value may be determined by the  aggregate  value
    29  of all such property regardless of whether the goods or merchandise were
    30  stolen from the same owner. Nothing in this subdivision shall be read to
    31  limit  the ability to aggregate the value of any property or the ability
    32  to charge the larceny of  retail  goods  or  merchandise  under  another
    33  applicable provision of law.
    34    §  3.  Subdivision 2 of section 155.40 of the penal law, as amended by
    35  chapter 515 of the laws of 1986, is amended and a new subdivision  3  is
    36  added to read as follows:
    37    2.  The  property,  regardless of its nature and value, is obtained by
    38  extortion committed by instilling in the victim a fear that the actor or
    39  another person will (a) cause physical injury  to  some  person  in  the
    40  future,  or  (b) cause damage to property, or (c) use or abuse his posi-
    41  tion as a public servant by engaging in conduct within or related to his
    42  official duties, or by failing or refusing to perform an official  duty,
    43  in such manner as to affect some person adversely[.]; or
    44    3.  The property consists of retail goods or merchandise stolen pursu-
    45  ant to a common scheme or plan or a single, ongoing  intent  to  deprive
    46  another  or others of the property or to appropriate the property to the
    47  actor or another person and the value  of  the  property  exceeds  fifty
    48  thousand  dollars,  which value may be determined by the aggregate value
    49  of all such property regardless of whether the goods or merchandise were
    50  stolen from the same owner. Nothing in this subdivision shall be read to
    51  limit the ability to aggregate the value of any property or the  ability
    52  to  charge  the  larceny  of  retail  goods or merchandise under another
    53  applicable provision of law.
    54    § 4. Section 155.42 of the penal law, as added by chapter 515  of  the
    55  laws of 1986, is amended to read as follows:
    56  § 155.42 Grand larceny in the first degree.

        S. 8305--C                         81                         A. 8805--C
 
     1    A person is guilty of grand larceny in the first degree when [he] such
     2  person steals property and when [the]:
     3    1. The value of the property exceeds one million dollars[.]; or
     4    2.  The property consists of retail goods or merchandise stolen pursu-
     5  ant to a common scheme or plan or a single, ongoing  intent  to  deprive
     6  another  or others of the property or to appropriate the property to the
     7  actor or another person and  the  value  of  the  property  exceeds  one
     8  million dollars, which value may be determined by the aggregate value of
     9  all  such  property  regardless of whether the goods or merchandise were
    10  stolen from the same owner. Nothing in this subdivision shall be read to
    11  limit the ability to aggregate the value of any property or the  ability
    12  to  charge  the  larceny  of  retail  goods or merchandise under another
    13  applicable provision of law.
    14    Grand larceny in the first degree is a class B felony.
    15    § 5. Subparagraph (iv) of paragraph (b) of subdivision  1  of  section
    16  70.10  of the penal law, as added by chapter 264 of the laws of 2003, is
    17  amended to read as follows:
    18    (iv) that such conviction was for a felony offense other than persist-
    19  ent sexual abuse, as defined in section 130.53 of this chapter[.]; grand
    20  larceny in the fourth degree as defined in subdivision twelve of section
    21  155.30 of this chapter; grand larceny in the third degree as defined  in
    22  subdivision  three  of  section 155.35 of this chapter; grand larceny in
    23  the second degree as defined in subdivision three of section  155.40  of
    24  this  chapter; or grand larceny in the first degree as defined in subdi-
    25  vision two of section 155.42 of this chapter.
    26    § 6. This act shall take effect on the ninetieth day  after  it  shall
    27  have become a law. Effective immediately, the addition, amendment and/or
    28  repeal  of  any  rule  or regulation necessary for the implementation of
    29  this act on its effective date are authorized to be made  and  completed
    30  on or before such effective date.
 
    31                                   PART GG
 
    32    Section  1.  Section  3  of  part HH of chapter 56 of the laws of 2022
    33  amending the retirement and social  security  law  relating  to  waiving
    34  approval and income limitations on retirees employed in school districts
    35  and  board  of cooperative educational services, as amended by section 1
    36  of part V of chapter 55 of the laws of  2023,  is  amended  to  read  as
    37  follows:
    38    §  3.  This  act shall take effect immediately and shall expire and be
    39  deemed repealed June 30, [2024] 2025.
    40    § 2. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would allow retirees employed by a  New  York  State  school
        district  or by the board of cooperative educational services (BOCES) to
        collect a salary without suspension or diminution of their pension bene-
        fit through June 30, 2025.
          Insofar as this bill affects the New York State and  Local  Employees'
        Retirement  System  (NYSLERS), if this bill were enacted during the 2024
        Legislative Session, the direct cost incurred  would  be  the  retiree's
        pension  benefit  paid  while post-retirement earnings are above $35,000
        each calendar year. The pension benefit  expected  to  be  paid  by  the
        NYSLERS  during  that  6-month  period  is  estimated  to be $22,000 per
        person.

        S. 8305--C                         82                         A. 8805--C
 
          In addition to the direct cost quoted above, there would be additional
        costs in the form of lost employer  contributions  due  to  non-billable
        post-retirement earnings, which is estimated to be $5,500 per person.
          The  number  of  members  and  retirees  who could be affected by this
        legislation cannot be readily determined. For each retiree hired  pursu-
        ant to this proposal, an annual cost of $27,500 is expected.
          Summary of relevant resources:
          Membership  data as of March 31, 2023 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2023 actuari-
        al valuation. Distributions and other statistics can  be  found  in  the
        2023  Report  of the Actuary and the 2023 Annual Comprehensive Financial
        Report.
          The actuarial assumptions and methods used are described in  the  2023
        Annual  Report  to  the  Comptroller  on  Actuarial Assumptions, and the
        Codes, Rules and Regulations  of  the  State  of  New  York:  Audit  and
        Control.
          The Market Assets and GASB Disclosures are found in the March 31, 2023
        New  York  State  and  Local  Retirement System Financial Statements and
        Supplementary Information.
          I am a member of the American Academy of Actuaries and meet the Quali-
        fication Standards to render the actuarial opinion contained herein.
          This fiscal note does not constitute a legal opinion on the  viability
        of  the  proposed change nor is it intended to serve as a substitute for
        the professional judgment of an attorney.
          This estimate, dated March 27, 2024, and intended for use only  during
        the  2024  Legislative  Session,  is  Fiscal  Note No. 2024-140 Revised,
        prepared by the Actuary for the New  York  State  and  Local  Retirement
        System.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  would  amend  Part HH of Chapter 56 of the Laws of 2022 to
        extend the waiver of the earnings-after-retirement limit  for  one  more
        year  to  June  30,  2025  for retired members who return to work with a
        school district or a board of cooperative educational services  (BOCES).
        The  current  expiration  date  is  June 30, 2024 for the waiver of this
        limit.   This act shall take effect  immediately  and  shall  be  deemed
        repealed on June 30, 2025.
          It  is  estimated  that there will be no additional annual cost to the
        employers of members of the New York State Teachers'  Retirement  System
        if  this  bill is enacted. There could be additional annual costs in the
        future if this waiver is continually extended such that  it  becomes  an
        expectation,  as  this  could lead to some members retiring earlier than
        they otherwise would have. Earlier retirement generally  increases  plan
        costs  since members will be receiving their benefits for a longer peri-
        od.
          Member data is from the System's most recent actuarial valuation files
        as of June 30, 2023, consisting of data provided by the employers to the
        Retirement System. The most recent data distributions and statistics can
        be found in the System's Annual Report for fiscal year  ended  June  30,
        2023. System assets are as reported in the System's financial statements
        and  can  also be found in the System's Annual Report. Actuarial assump-
        tions and methods are  provided  in  the  System's  Actuarial  Valuation
        Report as of June 30, 2023.
          The  source  of  this  estimate is Fiscal Note 2024-29 dated March 21,
        2024 prepared by the Office of the Actuary of the New York State  Teach-
        ers'  Retirement  System  and  is  intended for use only during the 2024
        Legislative Session. I, Richard A. Young, am the Chief Actuary  for  the

        S. 8305--C                         83                         A. 8805--C
 
        New  York State Teachers' Retirement System. I am a member of the Ameri-
        can Academy of Actuaries and I meet the Qualification Standards  of  the
        American  Academy of Actuaries to render the actuarial opinion contained
        herein.
 
     1                                   PART HH
 
     2    Section 1. Subdivision 3 of section 363-a of the retirement and social
     3  security  law, as amended by chapter 437 of the laws of 2016, is amended
     4  to read as follows:
     5    3. As used in this section, the terms "firefighter" and "police  offi-
     6  cer"  mean  any  member who is performing police or fire service, as the
     7  phrase police or fire service is defined in paragraphs a, b, c, d, f (as
     8  added by chapter six hundred seventy-four of the laws of nineteen eight-
     9  y-six), f (as added by chapter six hundred seventy-seven of the laws  of
    10  nineteen  eighty-six),  g,  h,  i and j of subdivision eleven of section
    11  three hundred two of this article, and who, prior to entry into  service
    12  as a firefighter or police officer, successfully passed a physical exam-
    13  ination  which  failed  to  disclose  evidence  of  any disease or other
    14  impairment of the heart.
    15    § 2. The amendments to section 363-a  of  the  retirement  and  social
    16  security  law  made by section one of this act shall not affect, impair,
    17  or invalidate any  temporary  right,  privilege,  or  benefit  conferred
    18  pursuant  to  the  provisions  of a general, special or local law (other
    19  than pursuant to articles 14 and 15 of the retirement and social securi-
    20  ty law) for any member of a public retirement  system  or  pension  plan
    21  funded  by the state or one of its political subdivisions, nor shall any
    22  amendments thereto affect the application of such provisions as extended
    23  by the provisions of section 480 of the retirement and  social  security
    24  law.
    25    § 3. This act shall take effect immediately.
          FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
          This  bill  is  a  technical  correction to Chapter 561 of the Laws of
        2015.   It would add a  "heart  bill"  performance  of  duty  disability
        provision  for  police  officers of the State University of New York who
        are members of the New York State and Local Police and  Fire  Retirement
        System (NYSLPFRS).
          If this legislation is enacted during the 2024 Legislative Session, it
        would  lead  to more disabilities being classified as "in performance of
        duty".
          However, we anticipate that few additional performance of  duty  disa-
        bility  retirements  will  be granted, and thus, the resulting costs are
        expected to be negligible.
          These estimated costs are based on 557 affected  members  employed  by
        the State of New York, with annual salary of approximately $53.8 million
        as of March 31, 2023.
          Summary of relevant resources:
          Membership  data as of March 31, 2023 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2023 actuari-
        al valuation. Distributions and other statistics can  be  found  in  the
        2023  Report  of the Actuary and the 2023 Annual Comprehensive Financial
        Report.
          The actuarial assumptions and methods used are described in  the  2023
        Annual  Report  to  the  Comptroller  on  Actuarial Assumptions, and the
        Codes, Rules and Regulations  of  the  State  of  New  York:  Audit  and
        Control.

        S. 8305--C                         84                         A. 8805--C
 
          The Market Assets and GASB Disclosures are found in the March 31, 2023
        New  York  State  and  Local  Retirement System Financial Statements and
        Supplementary Information.
          I am a member of the American Academy of Actuaries and meet the Quali-
        fication Standards to render the actuarial opinion contained herein.
          This  fiscal note does not constitute a legal opinion on the viability
        of the proposed change nor is it intended to serve as a  substitute  for
        the professional judgment of an attorney.
          This  estimate,  dated March 5, 2024, and intended for use only during
        the 2024 Legislative Session, is Fiscal Note No.  2024-91,  prepared  by
        the Actuary for the New York State and Local Retirement System.
 
     1                                   PART II
 
     2    Section 1. Legislative findings and declaration. The legislature here-
     3  by  finds  and  declares  that  an adjustment to pensionable earnings of
     4  first grade police officers is necessary to enhance  public  safety  and
     5  prevent the loss of vital public services in this state. The legislature
     6  hereby  finds and declares that such adjustment is necessary to address,
     7  inter alia,  the  historic  police  officer  recruitment  and  retention
     8  crisis, the increase in police overtime, and the rise in crime impacting
     9  New  Yorkers.  Therefore, the legislature declares the necessity for the
    10  enactment of this act to  enhance  public  safety  and  protect  against
    11  disruption of vital public services in this state.
    12    § 2. Section 14-111 of the administrative code of the city of New York
    13  is amended by adding two new subdivisions c and d to read as follows:
    14    c.    When  a  first  grade police officer of the New York city police
    15  department shall have served in the rank of police officer for a  period
    16  of twenty-five years, such officer shall have the same rights in respect
    17  to the New York state and local police and fire retirement system or the
    18  New  York city police pension fund as a police officer designated to act
    19  as detective of the third grade who shall have  served  as  such  for  a
    20  period  of  time  aggregating two years at the highest salary rate for a
    21  detective of the third grade.
    22    d. When a first grade police officer  of  the  New  York  city  police
    23  department  shall have served in the rank of police officer for a period
    24  of thirty years, such officer shall have the same rights in  respect  to
    25  the  New  York  state and local police and fire retirement system or the
    26  New York city police pension fund as a sergeant who shall have served as
    27  such for a period of time aggregating two years at  the  highest  salary
    28  rate for a sergeant.
    29    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY: This proposed legislation, as it relates to the New York City
        Police  Pension Fund (POLICE), would increase the salary used for deter-
        mining pension benefits for first grade NYPD officers who have served in
        such rank for 25 or 30 years, to salaries equivalent  to  detective  3rd
        grade or sergeant, respectively.
 
                 EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
                  by Fiscal Year for the first 25 years ($ in Millions)
 
                             Year      POLICE
 
                             2025      0.0
                             2026      1.0

        S. 8305--C                         85                         A. 8805--C
 
                             2027      2.0
                             2028      3.0
                             2029      4.0
                             2030      5.1
                             2031      6.2
                             2032      7.4
                             2033      8.6
                             2034      9.7
                             2035      10.9
                             2036      12.0
                             2037      13.1
                             2038      14.1
                             2039      15.1
                             2040      14.9
                             2041      14.7
                             2042      14.4
                             2043      14.0
                             2044      13.5
                             2045      13.1
                             2046      12.6
                             2047      12.1
                             2048      11.6
                             2049      11.1
 
          Projected  contributions are based on historical experience for Tier 2
        members. Future retirement patterns may differ due to a  larger  Tier  3
        population  (e.g.,  Tier 2 is expected to retire at 20 years of service,
        and Tier 3 is expected to retire at 25 years of service).
          The entire increase in employer contributions will be allocated to New
        York City.
                   EXPECTED INCREASE (DECREASE) IN ACTUARIAL LIABILITIES
          The enactment of this proposed legislation is expected to increase the
        Present Value of Future Benefits (PVFB) by approximately $8.2 million in
        the first year and every year thereafter. Each year's PVFB increase will
        depend on the actual experience  of  benefiting  retirees  and  will  be
        recognized in the year benefits are first payable.
                        AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
 
              Recognized as Ongoing Gain/Loss         POLICE
 
              Number of Payments:                     14
              Fiscal Year of Last Payment:            N/A
              First-year Amortization Payment:        $ 1.0 M
 
          CENSUS  DATA:  The estimates presented herein are based on preliminary
        census data collected as of June 30, 2023. The census  data  for  POLICE
        active members is summarized below.
 
                                                 POLICE
                   Active Members
                   - Number Count:               33,800
                   - Average Age:                37.6
                   - Average Service:            11.3
                   - Average Salary:             128,600

        S. 8305--C                         86                         A. 8805--C
 
          The salaries used in this analysis were provided by the Police Benevo-
        lent Association of the City of New York and reflect the latest contract
        negotiations. Below is a summary of the salary data provided:
          * Police Officer 1st Grade - $105,146
          * Detective 3rd Grade - $111,999
          * Sergeant - $125,852
          Data  from  prior actuarial valuations was used to estimate the number
        of retirees who could potentially benefit from this proposed legislation
        and is summarized below.
          * Police Officer 1st Grade who retired with 25-29 years in rank -  930
        retired over the past 10 years.
          *  Police  Officer  1st Grade who retired with 30+ years in rank - 218
        retired over the past 10 years.
          IMPACT ON MEMBER BENEFITS: The proposed legislation would permit first
        grade police officers, who have met  certain  service  requirements,  to
        have their pension calculations based on a higher assumed salary.
          For  example,  under this proposed legislation a Tier 2 Police Officer
        1st Grade who holds such position for at least 25, or  30,  years  would
        receive  an  increase  in  their annual pension benefit of approximately
        $4,300 or $12,200 per year, respectively,  due  to  the  higher  assumed
        pensionable salary.
          Based  on an estimate of the number of POLICE members who are expected
        to be impacted by the increased pensionable salary, it is estimated that
        if this proposed legislation is enacted, the annual increase  in  POLICE
        pension  benefits  paid  will be approximately $0.7 million in the first
        year and increase in every year thereafter.
          With respect to an individual member, the impact on  benefits  due  to
        this  proposed  legislation could vary greatly depending on the member's
        age, years of service, retirement cause, and Tier.
          ASSUMPTIONS AND METHODS: The  estimates  presented  herein  have  been
        calculated based on the actuarial assumptions and methods to be used for
        the  Preliminary Fiscal Year 2025 employer contributions of the impacted
        retirement systems. In addition:
          * New entrants were assumed to replace exiting members so  that  total
        payroll increases by 3% each year for impacted groups. New entrant demo-
        graphics were developed based on data for recent new hires and actuarial
        judgement.
          * Future contribution impacts have been developed assuming a homogene-
        ous population and consistent retirement pattern.
          RISK  AND  UNCERTAINTY: The costs presented in this Fiscal Note depend
        highly on the actuarial assumptions, methods,  and  models  used,  demo-
        graphics  of  the  impacted population and other factors such as invest-
        ment, contribution, and other risks. If actual experience deviates  from
        actuarial   assumptions,  the  actual  costs  could  differ  from  those
        presented herein. Quantifying these risks is beyond the  scope  of  this
        Fiscal Note.
          This  Fiscal  Note  is intended to measure pension-related impacts and
        does not include other potential costs (e.g., administrative  and  Other
        Postemployment Benefits).
          STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
        sky  are members of the Society of Actuaries and the American Academy of
        Actuaries. We are members of NYCERS but do not believe  it  impairs  our
        objectivity  and  we  meet  the  Qualification Standards of the American
        Academy of Actuaries to render the actuarial opinion  contained  herein.
        To  the  best  of  our knowledge, the results contained herein have been
        prepared in accordance with generally accepted actuarial principles  and

        S. 8305--C                         87                         A. 8805--C
 
        procedures  and  with  the Actuarial Standards of Practice issued by the
        Actuarial Standards Board.
          FISCAL NOTE IDENTIFICATION: This Fiscal Note 2024-02 dated January 16,
        2024  was prepared by the Chief Actuary for the New York City Retirement
        Systems and Pension Funds. This estimate is intended for use only during
        the 2024 Legislative Session.
 
     1                                   PART JJ
 
     2    Section 1. Section 343 of the retirement and social  security  law  is
     3  amended by adding a new subdivision i to read as follows:
     4    i. 1. Notwithstanding any other law, rule or regulation to the contra-
     5  ry,  for  any police officer employed by the division of law enforcement
     6  in the department of environmental protection in the city  of  New  York
     7  transferring  from the New York city employees' retirement system to the
     8  New York state and local police and fire  retirement  system  after  the
     9  effective  date  of  this  subdivision  and  any police officer formerly
    10  employed by the division of law enforcement in the department  of  envi-
    11  ronmental  protection in the city of New York having made such transfer,
    12  such police officer's division of law enforcement in the  department  of
    13  environmental protection in the city of New York service credit shall be
    14  deemed creditable service, in such police officer's twenty year or twen-
    15  ty-five  year  retirement plan, if such police officer has served for at
    16  least two years in such employment and if, within one year of  the  date
    17  on which he or she first became a member of the New York state and local
    18  police  and  fire  retirement system or within one year of the effective
    19  date of this subdivision, such member elects to do so.
    20    2. The amount of such service credited to the member in the  New  York
    21  state  and local police and fire retirement system plan shall not exceed
    22  the amount of service credited to  the  member  in  the  New  York  city
    23  employees' retirement system plan.
    24    3.  If the member subsequently retires on an age-based retirement plan
    25  in the New York state  and  local  police  and  fire  retirement  system
    26  instead  of  a  twenty year or twenty-five year plan, the full amount of
    27  service credit earned, as a police officer employed by the  division  of
    28  law  enforcement  in  the  department of environmental protection in the
    29  city of New York shall be granted.
    30    4. In no event shall the division of law enforcement in the department
    31  of environmental protection in the city of New York service credited  to
    32  a  member  of  the  New  York state and local police and fire retirement
    33  system pursuant to this subdivision exceed a total of ten years.
    34    5. Notwithstanding any other provision of law in this section  to  the
    35  contrary,  the  reserve  on  such member's benefits shall be transferred
    36  from the New York city employees' retirement  system  to  the  New  York
    37  state  and  local  police  and fire retirement system in accordance with
    38  subdivisions c and d of this section.
    39    6. No member who receives service credit pursuant to this  subdivision
    40  shall  be  eligible  to  receive  additional  service credit pursuant to
    41  subdivision b of section three hundred eighty-four-e of this article  if
    42  his or her employer has elected to provide such service credit.
    43    §  2.  This  act  shall take effect on the sixtieth day after it shall
    44  have become a law.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would expand the  definition  of  service  creditable  under
        20-year  and  25-year  plans  in the New York State and Local Police and
        Fire Retirement System (NYSLPFRS) to include service transferred by  any

        S. 8305--C                         88                         A. 8805--C
 
        police  officer  employed  or  formerly  employed by the Division of Law
        Enforcement in the Department of Environmental Protection in the City of
        New York, provided that such police officer has at least  two  years  of
        such  employment.  The  member  must  elect to obtain the service credit
        within one year of the date on which they first became a member  of  the
        NYSLPFRS or within one year of the effective date of this bill, whichev-
        er  occurs  later. The amount of service credit received in the NYSLPFRS
        shall not exceed the minimum of the amount of service  credited  to  the
        member  in  the New York City Employees' Retirement System (NYCERS) plan
        or 10 years.
          If this bill is enacted during the 2024  Legislative  Session,  it  is
        estimated  that  the past service cost will average approximately 25% of
        an affected member's salary for each year of additional service that  is
        credited  on  a 20-year or 25-year plan. This cost will be offset by any
        reserves transferred from the NYCERS. The remaining cost will be  shared
        by  the  State  of  New  York  and  the  participating  employers in the
        NYSLPFRS.
          The exact number of current members as  well  as  future  members  who
        could be affected by this legislation cannot be readily determined.
          Summary of relevant resources:
          Membership  data as of March 31, 2023 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2023 actuari-
        al valuation. Distributions and other statistics can  be  found  in  the
        2023  Report  of the Actuary and the 2023 Annual Comprehensive Financial
        Report.
          The actuarial assumptions and methods used are described in  the  2023
        Annual  Report  to  the  Comptroller  on  Actuarial Assumptions, and the
        Codes, Rules and Regulations  of  the  State  of  New  York:  Audit  and
        Control.
          The Market Assets and GASB Disclosures are found in the March 31, 2023
        New  York  State  and  Local  Retirement System Financial Statements and
        Supplementary Information.
          I am a member of the American Academy of Actuaries and meet the Quali-
        fication Standards to render the actuarial opinion contained herein.
          This fiscal note does not constitute a legal opinion on the  viability
        of  the  proposed change nor is it intended to serve as a substitute for
        the professional judgment of an attorney.
          This estimate, dated February 2,  2024,  and  intended  for  use  only
        during  the  2024  Legislative  Session,  is  Fiscal  Note No. 2024-108,
        prepared by the Actuary for the New  York  State  and  Local  Retirement
        System.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY:  This  proposed  legislation  would  allow  current or former
        NYCERS members employed as New York  City  Department  of  Environmental
        Protection  (DEP) police officers who transfer or transferred to the New
        York State and Local Police and Fire Retirement System (PFRS) to receive
        up to 10 years of service credit in the 20 or 25-year State Plans.
 
              ILLUSTRATION - INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
                 by Fiscal Year for the first 25 years ($ in Thousands)
                          Year   One Transfer   One Transfer
                                                  Per Year
                          2025        5.3           5.3
                          2026        5.3          10.6
                          2027        5.3          16.0
                          2028        5.3          21.5

        S. 8305--C                         89                         A. 8805--C
 
                          2029        5.3          27.0
                          2030        5.3          32.6
                          2031        5.3          38.2
                          2032        5.3          43.9
                          2033        5.3          49.7
                          2034        5.3          55.5
                          2035        5.3          61.4
                          2036        5.3          67.3
                          2037        5.3          73.2
                          2038        5.3          79.2
                          2039          0          80.0
                          2040          0          80.7
                          2041          0          81.4
                          2042          0          82.1
                          2043          0          82.8
                          2044          0          83.4
                          2045          0          84.0
                          2046          0          84.5
                          2047          0          85.0
                          2048          0          85.5
                          2049          0          85.9
          Employer Contribution impact beyond Fiscal Year 2049 is not shown.

          The potential increases in employer contributions will be allocated to
        New York City.
 
                  EXPECTED INCREASE (DECREASE) IN ACTUARIAL LIABILITIES
                          as of June 30, 2023 ($ in Thousands)
 
                        Present Value (PV)           Per Transfer
                        PV of Benefits:                      44.6
                        PV of Employee Contributions:        0.0
                        PV of Employer Contributions:        44.6
                        Unfunded Accrued Liabilities:        44.6
 
                       AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
 
                   Recognized as Ongoing Gain/Loss    Per Transfer
                   Number of Payments:                        14
                   Amortization Payment:                     5.3 K
 
          CENSUS DATA: The number of members who have transferred or will trans-
        fer  to  PFRS  is  unknown.  The estimates presented herein are based on
        preliminary census data collected as of June 30, 2023. The  census  data
        for  the  potentially  impacted  population  used to develop the average
        costs in this Fiscal Note is based on DEP police officers  currently  in
        NYCERS  who  have  between two and 15 years of service and is summarized
        below.
 
                                                      NYCERS
                   Active Members
                   - Number Count:                    82
                   - Average Age:                     35.9
                   - Average Service:                 8.6
                   - Average Salary:                  79,400
                   Term. Vested Members

        S. 8305--C                         90                         A. 8805--C
 
                   - Number Count:                    23
                   - Average Age:                     39.8
                   Term. Non-Vested Members
                   - Number Count:                    41
                   - Average Age:                     35.6
 
          BACKGROUND:  Currently, NYCERS members employed as DEP police officers
        who subsequently become employed by the State are eligible  to  transfer
        their  NYCERS  membership and receive service credit in the State plans,
        but generally do not receive service credit in the 20-year  and  25-year
        PFRS Plans.
          Under the proposed legislation, DEP police officers who served in such
        title  for a minimum of two years and then transfer their NYCERS member-
        ship to PFRS within one year of becoming a PFRS member (or one  year  of
        the  effective date, if later) would receive up to 10 years of credit in
        the 20-year and 25-year PFRS Plans for such equal DEP service.
          Currently, member accumulated contributions (with  accrued  interest),
        and  employer  paid  reserves  if  the  member  has at least 10 years of
        service, are transferred. Under the proposed legislation,  NYCERS  would
        be  required  to calculate and pay such member's pension reserve, net of
        any accumulated salary deductions otherwise transferred, to  PFRS,  even
        if the member has less than 10 years of service.
          It  should be noted that the proposed legislation does not provide for
        a reciprocal transfer of reserves should a member transfer from PFRS  to
        NYCERS with less than 10 years of service.
          ASSUMPTIONS  AND  METHODS:  The  estimates  presented herein have been
        calculated based on the Revised 2021 Actuarial Assumptions  and  Methods
        of the impacted retirement systems.
          For  purposes  of  this  Fiscal  Note,  it  has  been assumed that the
        impacted NYCERS members  would  generally  not  have  transferred  their
        membership to PFRS absent this proposed legislation. It has been further
        assumed that members with more than 15 years of service would not trans-
        fer their membership even under the proposed legislation.
          The  number of members who will benefit in the future from this fiscal
        note is unknown. The cost of this proposed legislation could vary great-
        ly depending on the number of future members who benefit and,  on  their
        plan, length of service, age, and salary history.
          RISK  AND  UNCERTAINTY: The costs presented in this Fiscal Note depend
        highly on the actuarial assumptions, methods,  and  models  used,  demo-
        graphics  of  the impacted population, and other factors such as invest-
        ment, contribution, and other risks. If actual experience deviates  from
        actuarial   assumptions,  the  actual  costs  could  differ  from  those
        presented herein. Quantifying these risks is beyond the  scope  of  this
        Fiscal Note.
          This  Fiscal  Note  is intended to measure pension-related impacts and
        does not include other potential costs (e.g., administrative  and  Other
        Postemployment Benefits).
          STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
        sky  are members of the Society of Actuaries and the American Academy of
        Actuaries. We are members of NYCERS but do not believe  it  impairs  our
        objectivity  and  we  meet  the  Qualification Standards of the American
        Academy of Actuaries to render the actuarial opinion  contained  herein.
        To  the  best  of  our knowledge, the results contained herein have been
        prepared in accordance with generally accepted actuarial principles  and
        procedures  and  with  the Actuarial Standards of Practice issued by the
        Actuarial Standards Board.

        S. 8305--C                         91                         A. 8805--C
 
          FISCAL NOTE IDENTIFICATION: This Fiscal Note 2024-29 dated  March  15,
        2024  was prepared by the Chief Actuary for the New York City Retirement
        Systems and Pension Funds. This estimate is intended for use only during
        the 2024 Legislative Session.
 
     1                                   PART KK
 
     2    Section  1.  The  second  undesignated  paragraph  of subdivision a of
     3  section 517 of the retirement and social security  law,  as  amended  by
     4  section  1  of  part SS of chapter 56 of the laws of 2022, is amended to
     5  read as follows:
     6    Notwithstanding the foregoing, during each of  the  first  three  plan
     7  years  (April  first  to  March  thirty-first)  in which such member has
     8  established membership in  the  New  York  state  and  local  employees'
     9  retirement  system,  such member shall contribute a percentage of annual
    10  wages in accordance with the preceding schedule based upon a  projection
    11  of annual wages provided by the employer. Notwithstanding the foregoing,
    12  when  determining the rate at which each such member who became a member
    13  of the New York state and local employees' retirement system on or after
    14  April first, two thousand twelve shall  contribute  for  any  plan  year
    15  (April  first  to  March thirty-first) between April first, two thousand
    16  twenty-two and April first, two thousand [twenty-four] twenty-six,  such
    17  rate  shall be determined by reference to employees annual base wages of
    18  such member in the second plan year (April first to March  thirty-first)
    19  preceding  such current plan year. Base wages shall include regular pay,
    20  shift differential pay, location pay, and any increased hiring rate pay,
    21  but shall not include any overtime payments.
    22    § 2. The second undesignated paragraph of paragraph 1 and  the  second
    23  undesignated  paragraph  of  paragraph  2  of  subdivision a, the second
    24  undesignated paragraph of subdivision  f  and  the  second  undesignated
    25  paragraph  of  subdivision g of section 613 of the retirement and social
    26  security law, as amended by section 2 of part SS of chapter  56  of  the
    27  laws of 2022, are amended to read as follows:
    28    Notwithstanding  the  foregoing,  during  each of the first three plan
    29  years (April first to March thirty-first, except for members of New York
    30  city employees' retirement system, New York  city  teachers'  retirement
    31  system and New York city board of education retirement system, plan year
    32  shall  mean  January first through December thirty-first commencing with
    33  the January first next succeeding the effective  date  of  chapter  five
    34  hundred  ten  of  the laws of two thousand fifteen) in which such member
    35  has established membership in a public retirement system of  the  state,
    36  such  member shall contribute a percentage of annual wages in accordance
    37  with the preceding schedule based upon  a  projection  of  annual  wages
    38  provided  by the employer. Notwithstanding the foregoing, when determin-
    39  ing the rate at which each such member who became a member  of  the  New
    40  York state and local employees' retirement system, New York city employ-
    41  ees'  retirement  system,  New York city teachers' retirement system and
    42  New York city board of education retirement system, on  or  after  April
    43  first,  two  thousand  twelve  shall contribute for any plan year (April
    44  first to March thirty-first, except for members of  the  New  York  city
    45  employees'  retirement system, New York city teachers' retirement system
    46  and New York city board of education retirement system, plan year  shall
    47  mean January first through December thirty-first commencing with January
    48  first  next succeeding the effective date of chapter five hundred ten of
    49  the laws of two thousand fifteen)  between  April  first,  two  thousand
    50  twenty-two  and April first, two thousand [twenty-four] twenty-six, such

        S. 8305--C                         92                         A. 8805--C
 
     1  rate shall be determined by reference to employees annual base wages  of
     2  such  member in the second plan year (April first to March thirty-first)
     3  preceding such current plan year. Base wages shall include regular  pay,
     4  shift differential pay, location pay, and any increased hiring rate pay,
     5  but  shall  not include any overtime payments or compensation earned for
     6  extracurricular programs or any other pensionable earnings paid in addi-
     7  tion to the annual base wages.
     8    Notwithstanding the foregoing, during each of  the  first  three  plan
     9  years  (April  first to March thirty-first, provided, however, that plan
    10  year shall mean January first through December  thirty-first  commencing
    11  with  the  January  first  next succeeding the effective date of chapter
    12  five hundred ten of the laws of two  thousand  fifteen)  in  which  such
    13  member  has  established  membership  in  the  New  York city employees'
    14  retirement system, such member shall contribute a percentage  of  annual
    15  wages  in accordance with the preceding schedule based upon a projection
    16  of annual wages provided by the employer. Notwithstanding the foregoing,
    17  when determining the rate at which each such member who became a  member
    18  of, New York city employees' retirement system, on or after April first,
    19  two  thousand  twelve shall contribute for any plan year (April first to
    20  March thirty-first, provided, however, that plan year shall mean January
    21  first through December thirty-first commencing with  the  January  first
    22  next  succeeding  the  effective date of chapter five hundred ten of the
    23  laws of two thousand fifteen) between April first, two thousand  twenty-
    24  two  and  April  first, two thousand [twenty-four] twenty-six, such rate
    25  shall be determined by reference to employees annual base wages of  such
    26  member  in  the  second  plan  year  (April first to March thirty-first)
    27  preceding such current plan year. Base wages shall include regular  pay,
    28  shift differential pay, location pay, and any increased hiring rate pay,
    29  but shall not include any overtime payments.
    30    Notwithstanding  the  foregoing,  during  each of the first three plan
    31  years (April first to March  thirty-first)  in  which  such  member  has
    32  established  membership  in  the  New  York  state  and local employees'
    33  retirement system, such member shall contribute a percentage  of  annual
    34  wages  in accordance with the preceding schedule based upon a projection
    35  of annual wages provided by the employer. Notwithstanding the foregoing,
    36  when determining the rate at which each such member who became a  member
    37  of the New York state and local employees' retirement system on or after
    38  April  first,  two  thousand  twelve  shall contribute for any plan year
    39  (April first to March thirty-first) between April  first,  two  thousand
    40  twenty-two  and April first, two thousand [twenty-four] twenty-six, such
    41  rate shall be determined by reference to employees annual base wages  of
    42  such  member in the second plan year (April first to March thirty-first)
    43  preceding such current plan year. Base wages shall include regular  pay,
    44  shift differential pay, location pay, and any increased hiring rate pay,
    45  but shall not include any overtime payments.
    46    Notwithstanding  the  foregoing,  during  each of the first three plan
    47  years (July first to June thirtieth) in which  such  member  has  estab-
    48  lished  membership  in  the  New York state teachers' retirement system,
    49  such member shall contribute a percentage of annual wages in  accordance
    50  with  the  preceding  schedule  based  upon a projection of annual wages
    51  provided by the employer. Notwithstanding the foregoing, when  determin-
    52  ing the contribution rate at which a member of the New York state teach-
    53  ers'  retirement  system  with  a  date  of membership on or after April
    54  first, two thousand twelve shall contribute for plan years  (July  first
    55  to  June thirtieth) between July first, two thousand twenty-two and July
    56  first, two thousand [twenty-four] twenty-six, such rate shall be  deter-

        S. 8305--C                         93                         A. 8805--C
 
     1  mined  by reference to the member's annual base wages in the second plan
     2  year (July first to June thirtieth) preceding such  current  plan  year.
     3  Annual base wages shall not include compensation earned for extracurric-
     4  ular  programs or any other pensionable earnings paid in addition to the
     5  annual base wages.
     6    § 3. The second undesignated paragraph of section 1204 of the  retire-
     7  ment  and  social  security  law,  as amended by section 3 of part SS of
     8  chapter 56 of the laws of 2022, is amended to read as follows:
     9    Notwithstanding the foregoing, during each of  the  first  three  plan
    10  years  (April  first  to  March  thirty-first)  in which such member has
    11  established membership in the New York state and local police  and  fire
    12  retirement  system,  such member shall contribute a percentage of annual
    13  wages in accordance with the preceding schedule based upon a  projection
    14  of annual wages provided by the employer. Notwithstanding the foregoing,
    15  when  determining the rate at which each such member who became a member
    16  of the New York state and local police and fire retirement system on  or
    17  after  April  first,  two  thousand twelve shall contribute for any plan
    18  year (April first to March thirty-first) between April first, two  thou-
    19  sand  twenty-two and April first, two thousand [twenty-four] twenty-six,
    20  such rate shall be determined by  reference  to  employees  annual  base
    21  wages of such member in the second plan year (April first to March thir-
    22  ty-first)  preceding  such  current plan year.  Base wages shall include
    23  regular pay, shift differential pay, location  pay,  and  any  increased
    24  hiring  rate pay, but shall not include any overtime payments. Effective
    25  April first, two thousand twelve, all members subject to the  provisions
    26  of  this  article  shall not be required to make member contributions on
    27  annual wages excluded from  the  calculation  of  final  average  salary
    28  pursuant  to  section  twelve  hundred three of this article. Nothing in
    29  this section, however, shall be construed or deemed to allow members  to
    30  receive a refund of any member contributions on such wages paid prior to
    31  April first, two thousand twelve.
    32    § 4. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  would  exclude  overtime pay from the annual wages used to
        determine the variable member contribution rate for Tier  6  members  of
        the  New  York  State  and  Local Retirement System during the period of
        April 1, 2024 to April 1, 2026.
          Insofar as this bill affects the New York State and  Local  Employees'
        Retirement  System  (NYSLERS),  if  this bill is enacted during the 2024
        Legislative Session, we anticipate that there will be an increase in the
        present value of benefits of approximately $36 million  which  would  be
        shared  by  the State of New York and all participating employers in the
        NYSLERS. The annual contribution required would  be  approximately  $1.3
        million  to  the State of New York and approximately $1.9 million to the
        local participating employers. This permanent annual cost will  vary  in
        subsequent billing cycles with changes in the billing rate and salary of
        the affected members.
          Insofar  as  this bill affects the New York State and Local Police and
        Fire Retirement System (NYSLPFRS), if this bill is  enacted  during  the
        2024  Legislative  Session, we anticipate that there will be an increase
        in the present value of benefits of approximately $7 million which would
        be shared by the State of New York and all  participating  employers  in
        the  NYSLPFRS.  The  annual contribution required would be approximately
        $0.1 million to the State of New York and approximately $0.4 million  to
        the  local participating employers. This permanent annual cost will vary

        S. 8305--C                         94                         A. 8805--C
 
        in subsequent billing cycles with changes in the billing rate and salary
        of the affected members.
          In  addition to the costs discussed above, implementing the provisions
        of this legislation would generate administrative costs.
          The exact number of current members who  could  be  affected  by  this
        legislation cannot be readily determined.
          Summary of relevant resources:
          Membership  data as of March 31, 2023 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2023 actuari-
        al valuation. Distributions and other statistics can  be  found  in  the
        2023  Report  of the Actuary and the 2023 Annual Comprehensive Financial
        Report.
          The actuarial assumptions and methods used are described in  the  2023
        Annual  Report  to  the  Comptroller  on  Actuarial Assumptions, and the
        Codes, Rules and Regulations  of  the  State  of  New  York:  Audit  and
        Control.
          The Market Assets and GASB Disclosures are found in the March 31, 2023
        New  York  State  and  Local  Retirement System Financial Statements and
        Supplementary Information.
          I am a member of the American Academy of Actuaries and meet the Quali-
        fication Standards to render the actuarial opinion contained herein.
          This fiscal note does not constitute a legal opinion on the  viability
        of  the  proposed change nor is it intended to serve as a substitute for
        the professional judgment of an attorney.
          This estimate, dated March 1, 2024, and intended for use  only  during
        the  2024 Legislative Session, is Fiscal Note No.  2024-111, prepared by
        the Actuary for the New York State and Local Retirement System.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          As it relates to the New York State Teachers' Retirement System,  this
        bill  would  amend Section 613 of the Retirement and Social Security Law
        to extend the period  during  which  the  calculation  of  the  employee
        contribution  rate  for  Tier 6 members is to be determined using only a
        member's annual base wages and would not include compensation earned for
        extracurricular programs or any other pensionable earnings paid in addi-
        tion to the annual base wages. This provision would be extended for  two
        additional  fiscal  years, those ending June 30, 2025 and June 30, 2026.
        The current expiration date of this provision is the fiscal year  ending
        June 20, 2024.
          The  estimated  cost for using only annual base wages to determine the
        employee contribution rate for Tier 6 members during 2025  and  2026  is
        projected  to be $9.2 million, over the two-year period, if this bill is
        enacted. This is not a recurring annual cost,  but  rather  a  temporary
        cost  due to the projected decrease in employee contributions to be made
        during the two fiscal years ending June 30, 2025 and June 30, 2026.
          Member data is from the System's most recent actuarial valuation files
        as of June 30, 2023, consisting of data provided by the employers to the
        Retirement System. The most recent data distributions and statistics can
        be found in the System's Annual Report for fiscal year  ended  June  30,
        2023. System assets are as reported in the System's financial statements
        and  can  also be found in the System's Annual Report. Actuarial assump-
        tions and methods are  provided  in  the  System's  Actuarial  Valuation
        Report as of June 30, 2023.
          The  source of this estimate is Fiscal Note 2024-16 dated February 27,
        2024 prepared by the Office of the Actuary of the New York State  Teach-
        ers'  Retirement  System  and  is  intended for use only during the 2024
        Legislative Session. I, Richard A. Young, am the Chief Actuary  for  the

        S. 8305--C                         95                         A. 8805--C
 
        New  York State Teachers' Retirement System. I am a member of the Ameri-
        can Academy of Actuaries and I meet the Qualification Standards  of  the
        American  Academy of Actuaries to render the actuarial opinion contained
        herein.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY: This proposed legislation, as it relates to the New York City
        Retirement  Systems  and  Pension Funds (NYCRS), would extend Part SS of
        Chapter 56 of the Laws of 2022 by excluding  overtime  and  compensation
        earned  for supplemental work from annual wages used to calculate Tier 6
        Basic Member Contribution Rates for two additional years.
 
                 EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
                 by Fiscal Year for the first 25 years ($ in Thousands)
 
             Year      NYCERS    TRS       BERS      TOTAL
             2025      1,395     716       17        2,128
             2026      1,408     728       16        2,152
             2027      1,418     741       16        2,175
             2028      1,424     755       16        2,195
             2029      1,425     768       16        2,209
             2030      1,421     781       16        2,218
             2031      1,416     793       16        2,225
             2032      1,411     805       16        2,232
             2033      1,406     817       16        2,239
             2034      1,401     829       15        2,245
             2035      1,395     841       15        2,251
             2036      1,390     855       15        2,260
             2037      1,384     870       15        2,269
             2038      1,377     886       10        2,273
             2039      1,369     901       10        2,280
             2040      876       918       10        1,804
             2041      863       934       10        1,807
             2042      846       952       9         1,807
             2043      824       969       9         1,802
             2044      798       751       9         1,558
             2045      767       759       9         1,535
             2046      730       764       8         1,502
             2047      690       765       8         1,463
             2048      648       764       8         1,420
             2049      601       760       8         1,369
           Employer Contribution impact beyond Fiscal Year 2049 is not shown.
 
          The initial increase in employer contributions of $2.1 million is
        estimated to be $1.3 million for New York City and $0.8 million for the
        other obligors of NYCRS.
 
                  INITIAL INCREASE (DECREASE) IN ACTUARIAL LIABILITIES
                          as of June 30, 2023 ($ in Thousands)
 
        Present Value (PV)                 NYCERS     TRS       BERS
        PV of Benefits:                    (2,032)    (1,716)   (35)
        PV of Employee Contributions:      (16,873)   (11,726)  (203)
        PV of Employer Contributions:      14,841     10,010    167
        Unfunded Accrued Liabilities:      4,253      2,305     38
 
                       AMORTIZATION OF UNFUNDED ACCRUED LIABILITY

        S. 8305--C                         96                         A. 8805--C

                                           NYCERS     TRS       BERS
        Number of Payments:                15         19        13
        Fiscal Year of Last Payment:       2039       2043      2037
        Amortization Payment:              483 K      231 K     5 K
 
          Unfunded  Accrued Liability increases were amortized over the expected
        remaining working lifetime of those  impacted  by  the  benefit  changes
        using level dollar payments.
          CENSUS  DATA:  The estimates presented herein are based on preliminary
        census data collected as of June 30,  2023.  The  census  data  for  the
        impacted population is summarized below.
 
                                           NYCERS     TRS       BERS
        Active Members
        - Number Count:                    85,203     60,663    12,932
        - Average Age:                     42.4       38.1      46.9
        - Average Service:                 4.4        5.0       4.0
        - Average Salary:                  78,900     80,000    56,200
 
          BACKGROUND:  Tier  6  members of NYCERS, TRS, and BERS are required to
        make Basic Member Contributions (BMC) ranging from 3% to 6% depending on
        the members' respective annual wages two calendar  years  prior.  Annual
        wages  include  overtime  up  to a certain limit that increases annually
        based on inflation ($19,729 for calendar year 2023).
          Part SS of Chapter 56 of  the  Laws  of  2022  excluded  overtime  and
        compensation  earned for supplemental work for determining future Tier 6
        BMC rates for the period of April 1, 2022 through April 1, 2024 (NYCERS,
        TRS, and BERS are subject to a calendar plan year).
          The proposed legislation would extend the exclusion  of  overtime  and
        compensation  earned  for  supplemental  work for determining Tier 6 BMC
        rates through April 1, 2026.
          ASSUMPTIONS AND METHODS: The  estimates  presented  herein  have  been
        calculated  based  on the Revised 2021 Actuarial Assumptions and Methods
        of the impacted retirement systems.
          RISK AND UNCERTAINTY: The costs presented in this Fiscal  Note  depend
        highly  on  the  actuarial  assumptions, methods, and models used, demo-
        graphics of the impacted population, and other factors such  as  invest-
        ment,  contribution, and other risks. If actual experience deviates from
        actuarial  assumptions,  the  actual  costs  could  differ  from   those
        presented  herein.  Quantifying  these risks is beyond the scope of this
        Fiscal Note.
          This Fiscal Note is intended to measure  pension-related  impacts  and
        does  not  include other potential costs (e.g., administrative and Other
        Postemployment Benefits).
          STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
        sky are members of the Society of Actuaries and the American Academy  of
        Actuaries.  We  are  members of NYCERS but do not believe it impairs our
        objectivity and we meet the  Qualification  Standards  of  the  American
        Academy  of  Actuaries to render the actuarial opinion contained herein.
        To the best of our knowledge, the results  contained  herein  have  been
        prepared  in accordance with generally accepted actuarial principles and
        procedures and with the Actuarial Standards of Practice  issued  by  the
        Actuarial Standards Board.
          FISCAL  NOTE  IDENTIFICATION: This Fiscal Note 2024-26 dated March 14,
        2024 was prepared by the Chief Actuary for the New York City  Retirement

        S. 8305--C                         97                         A. 8805--C
 
        Systems and Pension Funds. This estimate is intended for use only during
        the 2024 Legislative Session.
     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 KK of this act shall be
    12  as specifically set forth in the last section of such Parts.
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