A02005 Summary:

BILL NOA02005C
 
SAME ASSAME AS UNI. S01505-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 2019-2020 state fiscal year; relates to the protection of the personal privacy of public employees (Part E); extends the authorization for public arbitration panels (Part F); creates a class one reassessment exemption in a special assessing unit that is not a city (Part J); extends certain provisions related to opportunities for service-disabled veteran-owned business enterprises (Part L); extends certain provisions relating to expanding the geographic area of employment of certain police officers, prisoner furloughs in certain cases and the crime of absconding therefrom, inmate work release, certain appropriations made by chapter 50 of the laws of 1994 enacting the state operations budget, the incarceration fee, merging the department of correctional services and division of parole into the department of corrections and community supervision, prison and jail housing and alternatives to detention and incarceration programs, the ignition interlock device program, the use of closed-circuit television and other protective measures for certain child witnesses, electronic court appearance in certain counties, enacting the interstate compact for adult offender supervision, limiting the closing of certain correctional facilities, providing for the custody by the department of correctional services of inmates serving definite sentences, providing for custody of federal prisoners and requiring the closing of certain correctional facilities, military funds of the organized militia, providing for community treatment facilities and establishing the crime of absconding from the community treatment facility, pre-criminal proceeding settlements in the city of New York, the psychological testing of correctional candidates, and other provisions relating thereto (Part O); relates to the admissibility of a victim's sexual conduct in a sex offense (Part R); extends the workers' compensation board's authority to resolve medical bill disputes and simplify the process (Part CC); increases certain court fees and increases the amount of such fees which are deposited in the indigent legal services fund (Part DD); authorizes the alienation of certain parklands in the town of Hastings, county of Oswego (Part FF); authorizes the use of centralized services by public authorities and public benefit corporations to acquire energy products as a centralized service from the office of general services; extends certain provisions relating to authorizing the aggregate purchases of energy for state agencies, institutions, local governments, public authorities and public benefit corporations; and amends the effectiveness of certain provisions providing centralized service to political subdivisions and the authority of the commissioner of general services to aggregate purchases of energy for state agencies and political subdivisions (Part GG); increases the maximum contract amount during construction emergencies to $1,500,000 and extends provisions relating to value limitations on contracts to June 30, 2022 (Part HH); removes unnecessary barriers to reentry of people with criminal histories into society; relates to licensing consideration for check cashers (Subpart A); relates to eligibility for serving on a New York city community district education council and city wide council (Subpart B); relates to licensing consideration for bingo suppliers (Subpart C); relates to licensing consideration for notary publics (Subpart D); relates to licensing considerations for suppliers of games of chance, for games of chance licensees, for bingo licensees, and for lessors of premises to bingo licensees (Subpart E); relates to licensing considerations for insurer adjusters and for employment with insurance adjusters (Subpart F); relates to licensing considerations for real estate brokers or real estate salesmen (Subpart G); relates to participation as employer in subsidized employer programs (Subpart H); relates to eligibility for employment by a driver's school (Subpart I); relates to a certificate of relief from a disability and repeals certain provisions of the vehicle and traffic law, relating to mandatory suspension of drivers' licenses for certain offenses (Subpart J); prohibits disclosure of law enforcement booking information and photographs (Subpart K); relates to exclusion of undisposed cases from criminal history record searches (Subpart L); directs the commissioner of the division of criminal justice services to seal certain records of any action or proceeding terminated in favor of the accused or convictions for certain traffic violations; and relates to certain reports of criminal history record searches (Subpart M); prevents employment discrimination against persons whose criminal charges have been adjourned in contemplation of dismissal (Subpart N); prevents employment discrimination against persons whose criminal charges have been adjourned in contemplation of dismissal (Subpart O)(Part II); relates to shock incarceration (Part KK); reduces certain sentences of imprisonment for misdemeanors to three hundred sixty-four days (Part OO); restricts forfeiture actions and creates greater accountability for seized assets; creates an asset forfeiture escrow fund; relates to reporting certain demographic information (Part PP); relates to requiring reports on the use of force (Part RR); authorizes the Suffolk county clerk to charge a block fee (Part SS); relates to the closure of correctional facilities; and provides for the repeal of such provisions upon expiration thereof (Part TT); makes provisions permanent relating to notice of foreclosure and mandatory settlement conferences in residential foreclosure actions (Part VV); includes felony drug offender sentences as eligible for a reduced sentence in certain circumstances where such offender was a victim of domestic violence (Part WW); authorizes computer generated registration lists; relates to the list of supplies to be delivered to poll sites (Part XX); relates to time allowed for employees to vote (Part YY); requires the establishment and regular updating of a model law enforcement use of force policy suitable for adoption by any agency that employs police or peace officers (Part ZZ); prohibits certain loans to be made to candidates or political committees (Part AAA); provides uniform polling hours during primary elections (Part BBB); establishes the voter enfranchisement modernization act (Part CCC).
Go to top    

A02005 Actions:

BILL NOA02005C
 
01/18/2019referred to ways and means
02/19/2019amend (t) and recommit to ways and means
02/19/2019print number 2005a
03/11/2019amend (t) and recommit to ways and means
03/11/2019print number 2005b
03/28/2019amend (t) and recommit to ways and means
03/28/2019print number 2005c
03/31/2019reported referred to rules
03/31/2019reported
03/31/2019rules report cal.43
03/31/2019substituted by s1505c
 S01505 AMEND=C BUDGET
 01/18/2019REFERRED TO FINANCE
 02/19/2019AMEND (T) AND RECOMMIT TO FINANCE
 02/19/2019PRINT NUMBER 1505A
 03/12/2019AMEND (T) AND RECOMMIT TO FINANCE
 03/12/2019PRINT NUMBER 1505B
 03/28/2019AMEND (T) AND RECOMMIT TO FINANCE
 03/28/2019PRINT NUMBER 1505C
 03/31/2019ORDERED TO THIRD READING CAL.357
 03/31/2019PASSED SENATE
 03/31/2019DELIVERED TO ASSEMBLY
 03/31/2019referred to ways and means
 03/31/2019substituted for a2005c
 03/31/2019ordered to third reading rules cal.43
 03/31/2019passed assembly
 03/31/2019returned to senate
 04/01/2019DELIVERED TO GOVERNOR
 04/12/2019SIGNED CHAP.55
Go to top

A02005 Committee Votes:

WAYS AND MEANS Chair:Weinstein DATE:03/31/2019AYE/NAY:23/10 Action: Favorable refer to committee Rules
WeinsteinAyeBarclayNay
LentolAyeCrouchNay
SchimmingerAyeFitzpatrickNay
GanttExcusedHawleyNay
GlickAyeMalliotakisNay
NolanExcusedMontesanoNay
PretlowAyeRaNay
PerryAyeBlankenbushNay
ColtonAyePalmesanoNay
CookAyeNorrisNay
CahillAye
AubryAye
ThieleAye
CusickAye
OrtizAye
BenedettoAye
WeprinAye
RodriguezAye
RamosAye
BraunsteinAye
McDonaldAye
RozicAye
SimotasAye
DinowitzAye
MillerAye

RULES Chair:Heastie DATE:03/31/2019AYE/NAY:18/8 Action: Favorable
HeastieAyeKolbNay
GottfriedAyeCrouchNay
LentolAyeFinchNay
GanttExcusedBarclayNay
NolanExcusedRaiaNay
WeinsteinAyeHawleyNay
OrtizAyeGiglioNay
PretlowAyeMalliotakisNay
CookAye
GlickAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinExcused
TitusExcused
Peoples-StokesAye
BenedettoAye
LavineExcused
LupardoAye
ZebrowskiAye

Go to top

A02005 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A02005 Memo:

Memo not available
Go to top

A02005 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 1505--C                                            A. 2005--C
 
                SENATE - ASSEMBLY
 
                                    January 18, 2019
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
          article  seven  of  the  Constitution -- read once and referred to the
          Committee on Ways and Means --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          again reported from said committee with amendments, ordered  reprinted
          as  amended  and  recommitted to said committee -- again reported from
          said committee with  amendments,  ordered  reprinted  as  amended  and
          recommitted to said committee
 
        AN  ACT  intentionally omitted (Part A); intentionally omitted (Part B);
          intentionally omitted (Part C); intentionally  omitted  (Part  D);  to
          amend the civil service law, in relation to protection of the personal
          privacy  of public employees (Part E); to amend the civil service law,
          in relation to the expiration of public arbitration panels  (Part  F);
          intentionally omitted (Part G); intentionally omitted (Part H); inten-
          tionally  omitted  (Part  I);  to  amend the real property tax law, in
          relation to a class one reassessment exemption in a special  assessing
          unit  that  is not a city (Part J); intentionally omitted (Part K); to
          amend chapter 22 of the laws of 2014, relating to  expanding  opportu-
          nities  for  service-disabled  veteran-owned  business enterprises, in
          relation to extending the provisions thereof (Part  L);  intentionally
          omitted (Part M); intentionally omitted (Part N); to amend chapter 887
          of  the  laws  of  1983,  amending  the correction law relating to the
          psychological testing of candidates, in relation to the  effectiveness
          thereof; to amend chapter 428 of the laws of 1999, amending the execu-
          tive  law  and  the  criminal  procedure law relating to expanding the
          geographic area of employment of certain police officers, in  relation
          to  extending  the expiration of such chapter; to amend chapter 886 of
          the laws of 1972, amending the correction law and the penal law relat-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12570-06-9

        S. 1505--C                          2                         A. 2005--C
 
          ing to prisoner furloughs in certain cases and the crime of absconding
          therefrom, in relation to the effectiveness thereof; to amend  chapter
          261  of  the laws of 1987, amending chapters 50, 53 and 54 of the laws
          of 1987, the correction law, the penal law and other chapters and laws
          relating  to correctional facilities, in relation to the effectiveness
          thereof; to amend chapter 55 of the laws of 1992, amending the tax law
          and other laws relating to taxes, surcharges,  fees  and  funding,  in
          relation  to  extending  the  expiration of certain provisions of such
          chapter; to amend chapter 339  of  the  laws  of  1972,  amending  the
          correction  law  and  the  penal  law relating to inmate work release,
          furlough and leave, in relation to the effectiveness thereof; to amend
          chapter 60 of the laws of 1994 relating to  certain  provisions  which
          impact  upon  expenditure of certain appropriations made by chapter 50
          of the laws of 1994 enacting the state operations budget, in  relation
          to  the effectiveness thereof; to amend chapter 3 of the laws of 1995,
          amending the correction law and other laws relating to the  incarcera-
          tion   fee,  in  relation  to  extending  the  expiration  of  certain
          provisions of such chapter; to amend chapter 62 of the laws  of  2011,
          amending  the correction law and the executive law relating to merging
          the department of correctional services and division  of  parole  into
          the  department  of corrections and community supervision, in relation
          to the effectiveness thereof; to amend chapter  907  of  the  laws  of
          1984,  amending  the  correction law, the New York city criminal court
          act and the executive law relating to  prison  and  jail  housing  and
          alternatives  to  detention and incarceration programs, in relation to
          extending the expiration of certain provisions  of  such  chapter;  to
          amend  chapter 166 of the laws of 1991, amending the tax law and other
          laws relating to taxes, in relation to  extending  the  expiration  of
          certain  provisions  of such chapter; to amend the vehicle and traffic
          law,  in  relation  to  extending  the  expiration  of  the  mandatory
          surcharge  and victim assistance fee; to amend chapter 713 of the laws
          of 1988, amending the vehicle and traffic law relating to the ignition
          interlock device program, in  relation  to  extending  the  expiration
          thereof;  to amend chapter 435 of the laws of 1997, amending the mili-
          tary law and other laws relating to various provisions, in relation to
          extending  the  expiration  date  of  the  merit  provisions  of   the
          correction law and the penal law of such chapter; to amend chapter 412
          of the laws of 1999, amending the civil practice law and rules and the
          court  of  claims  act  relating  to  prisoner  litigation  reform, in
          relation  to  extending  the  expiration  of  the  inmate  filing  fee
          provisions  of the civil practice law and rules and general filing fee
          provision and inmate property claims  exhaustion  requirement  of  the
          court  of claims act of such chapter; to amend chapter 222 of the laws
          of 1994 constituting  the  family  protection  and  domestic  violence
          intervention  act  of 1994, in relation to extending the expiration of
          certain provisions of the criminal procedure law requiring the  arrest
          of certain persons engaged in family violence; to amend chapter 505 of
          the  laws of 1985, amending the criminal procedure law relating to the
          use of closed-circuit television and  other  protective  measures  for
          certain  child  witnesses,  in relation to extending the expiration of
          the provisions thereof; to amend chapter 3 of the laws of 1995, enact-
          ing the sentencing reform act of 1995, in relation  to  extending  the
          expiration of certain provisions of such chapter; to amend chapter 689
          of  the  laws  of 1993 amending the criminal procedure law relating to
          electronic court  appearance  in  certain  counties,  in  relation  to
          extending  the expiration thereof; to amend chapter 688 of the laws of

        S. 1505--C                          3                         A. 2005--C
 
          2003, amending the executive law relating to enacting  the  interstate
          compact  for adult offender supervision, in relation to the effective-
          ness thereof; to amend chapter 56 of the laws of  2009,  amending  the
          correction law relating to limiting the closing of certain correction-
          al  facilities, providing for the custody by the department of correc-
          tional services of inmates serving definite sentences,  providing  for
          custody  of  federal  prisoners  and  requiring the closing of certain
          correctional facilities, in relation  to  the  effectiveness  of  such
          chapter;  to  amend chapter 152 of the laws of 2001 amending the mili-
          tary law relating to military  funds  of  the  organized  militia,  in
          relation  to  the  effectiveness  thereof; to amend chapter 554 of the
          laws of 1986, amending the correction law and the penal  law  relating
          to  providing  for community treatment facilities and establishing the
          crime of absconding from the community treatment facility, in relation
          to the effectiveness thereof; and to amend chapter 55 of the  laws  of
          2018  amending  the  criminal  procedure  law relating to pre-criminal
          proceeding settlements in the city of New York,  in  relation  to  the
          effectiveness thereof (Part O); intentionally omitted (Part P); inten-
          tionally  omitted  (Part  Q);  to amend the criminal procedure law, in
          relation to admissibility of  a  victim's  sexual  conduct  in  a  sex
          offense  (Part R); intentionally omitted (Part S); intentionally omit-
          ted (Part T); intentionally omitted (Part  U);  intentionally  omitted
          (Part  V); intentionally omitted (Part W); intentionally omitted (Part
          X); intentionally omitted (Part Y); intentionally  omitted  (Part  Z);
          intentionally  omitted  (Part AA); intentionally omitted (Part BB); to
          amend the workers' compensation law,  in  relation  to  extending  the
          board's  authority  to  resolve medical bill disputes and simplify the
          process (Part CC); to amend section 14 of part J of chapter 62 of  the
          laws  of 2003, amending the county law and other laws relating to fees
          collected, in relation to certain fees  collected  by  the  office  of
          court  administration  (Part  DD);  intentionally  omitted  (Part EE);
          authorizing the alienation of certain parklands in the town  of  Hast-
          ings,  county  of Oswego (Part FF); to amend the state finance law, in
          relation to authorizing use of centralized services by public authori-
          ties and public benefit corporations to  acquire  energy  products  as
          centralized  services  from  the  office of general services; to amend
          chapter 410 of the laws of 2009, amending the state finance law relat-
          ing to authorizing the aggregate purchases of energy for  state  agen-
          cies,  institutions,  local governments, public authorities and public
          benefit corporations, in relation to the effectiveness thereof; and to
          amend part C of chapter 97 of the laws of  2011,  amending  the  state
          finance  law  and other laws relating to providing certain centralized
          service to political subdivisions and extending the authority  of  the
          commissioner  of general services to aggregate purchases of energy for
          state agencies and political subdivisions, in relation to  the  effec-
          tiveness  thereof  (Part  GG);  to  amend the public buildings law, in
          relation to increasing the maximum contract amount during construction
          emergencies; and to amend chapter 674 of the laws  of  1993,  amending
          the  public  buildings law relating to value limitations on contracts,
          in relation to extending such provisions thereof (Part HH);  to  amend
          the  banking  law,  in  relation to licensing considerations for check
          cashers (Subpart A); to amend the education law, in relation to eligi-
          bility for serving on a New York  city  community  district  education
          council and city-wide council (Subpart B); to amend the executive law,
          in  relation  to licensing considerations for bingo suppliers (Subpart
          C); to amend the executive law, in  relation  to  licensing  consider-

        S. 1505--C                          4                         A. 2005--C
 
          ations  for notary publics (Subpart D); to amend the general municipal
          law, in relation to licensing considerations for suppliers of games of
          chance, for games of chance licensees, for bingo  licensees,  and  for
          lessors  of  premises  to  bingo  licensees  (Subpart E); to amend the
          insurance law, in relation to  licensing  considerations  for  insurer
          adjusters  and  for employment with insurance adjusters; and to repeal
          certain provisions of such law relating thereto (Subpart F); to  amend
          the  real  property  law,  in relation to licensing considerations for
          real estate brokers or real estate salesmen (Subpart G); to amend  the
          social  services  law,  in  relation  to  participation as employer in
          subsidized employer programs (Subpart H); to  amend  the  vehicle  and
          traffic  law,  in relation to eligibility for employment by a driver's
          school (Subpart I); to amend the correction  law,  in  relation  to  a
          certificate  of  relief  from  a  disability;  and  to  repeal certain
          provisions of the vehicle  and  traffic  law,  relating  to  mandatory
          suspension  of  drivers' licenses for certain offenses (Subpart J); to
          amend the public officers law, in relation to  prohibiting  disclosure
          of law enforcement booking information and photographs (Subpart K); to
          amend  the  executive law and the judiciary law, in relation to exclu-
          sion  of  undisposed  cases  from  criminal  history  record  searches
          (Subpart  L);  directs  the  commissioner  of the division of criminal
          justice services to seal certain records of any action  or  proceeding
          terminated  in favor of the accused or convictions for certain traffic
          violations; and to amend the judiciary law,  in  relation  to  certain
          reports  of criminal history record searches (Subpart M); to amend the
          executive law and the judiciary law, in relation to preventing employ-
          ment discrimination against persons whose criminal charges  have  been
          adjourned  in  contemplation  of  dismissal  (Subpart N); to amend the
          executive law, in relation  to  preventing  employment  discrimination
          against  persons whose criminal charges have been adjourned in contem-
          plation of dismissal (Subpart O); intentionally  omitted  (Subpart  P)
          (Part II); intentionally omitted (Part JJ); to amend the penal law and
          the  correction  law,  in  relation  to shock incarceration (Part KK);
          intentionally omitted (Part  LL);  intentionally  omitted  (Part  MM);
          intentionally omitted (Part NN); to amend the penal law and the crimi-
          nal procedure law, in relation to reducing certain sentences of impri-
          sonment  for  misdemeanors to three hundred sixty-four days (Part OO);
          to amend the civil practice law and rules,  the  county  law  and  the
          general  municipal  law, in relation to restricting forfeiture actions
          and creating greater accountability for seized assets;  and  to  amend
          the criminal procedure law and the penal law, in relation to reporting
          certain  demographic  data (Part PP); intentionally omitted (Part QQ);
          to amend the executive law, in relation to requiring  reports  on  the
          use  of force (Part RR); to amend the civil practice law and rules, in
          relation to authorizing the Suffolk county clerk to charge a block fee
          (Part SS); in relation to the closure of correctional facilities;  and
          providing  for  the  repeal of such provisions upon expiration thereof
          (Part TT); intentionally omitted (Part UU); to amend  chapter  507  of
          the  laws  of 2009, amending the real property actions and proceedings
          law and other laws relating to home mortgage  loans,  in  relation  to
          making  provisions  permanent  relating  to  notice of foreclosure and
          mandatory settlement conferences in  residential  foreclosure  actions
          (Part VV); to amend the penal law, in relation to sentencing in domes-
          tic  violence  cases (Part WW); to amend the election law, in relation
          to authorizing computer generated registration lists; in  relation  to
          the list of supplies to be delivered to poll sites (Part XX); to amend

        S. 1505--C                          5                         A. 2005--C
 
          the  election  law,  in relation to time allowed for employees to vote
          (Part YY); to amend the executive law, in relation  to  requiring  the
          establishment  and  regular updating of a model law enforcement use of
          force  policy  suitable  for adoption by any law enforcement agency in
          the state (Part ZZ); to amend the election law, in relation to prohib-
          iting certain loans to be made to candidates or  political  committees
          (Part  AAA);  to  amend  the  election  law,  in relation to providing
          uniform polling hours during primary  elections  (Part  BBB);  and  to
          amend the election law, in relation to enacting the Voter Enfranchise-
          ment  Modernization Act of 2019; in relation to establishing the elec-
          tronic personal voter registration process (Part CCC)
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act enacts into law major components of legislation
     2  which are necessary to implement the state fiscal plan for the 2019-2020
     3  state fiscal year. Each component is  wholly  contained  within  a  Part
     4  identified  as  Parts A through CCC. The effective date for each partic-
     5  ular provision contained within such Part  is  set  forth  in  the  last
     6  section  of  such Part.  Any provision in any section contained within a
     7  Part, including the effective date of the Part, which makes a  reference
     8  to a section "of this act", when used in connection with that particular
     9  component,  shall  be  deemed  to  mean  and  refer to the corresponding
    10  section of the Part in which it is found. Section three of this act sets
    11  forth the general effective date of this act.
 
    12                                   PART A
 
    13                            Intentionally Omitted
 
    14                                   PART B
 
    15                            Intentionally Omitted
 
    16                                   PART C
 
    17                            Intentionally Omitted
 
    18                                   PART D
 
    19                            Intentionally Omitted
 
    20                                   PART E
 
    21    Section 1. Paragraphs (f) and (g) of subdivision 1 of section 209-a of
    22  the civil service law, as amended by chapter 244 of the  laws  of  2007,
    23  are amended to read as follows:
    24    (f)  to  utilize any state funds appropriated for any purpose to train
    25  managers, supervisors or other administrative personnel regarding  meth-
    26  ods  to  discourage union organization or to discourage an employee from
    27  participating in a union organizing drive; [or] (g) to fail to permit or
    28  refuse to afford a  public  employee  the  right,  upon  the  employee's
    29  demand,  to representation by a representative of the employee organiza-
    30  tion, or the designee of such organization, which has been certified  or

        S. 1505--C                          6                         A. 2005--C
 
     1  recognized  under  this  article  when at the time of questioning by the
     2  employer of such employee it reasonably appears that he or  she  may  be
     3  the  subject  of  a  potential disciplinary action. If representation is
     4  requested, and the employee is a potential target of disciplinary action
     5  at  the  time  of  questioning,  a  reasonable  period  of time shall be
     6  afforded to the employee to obtain such representation. It shall  be  an
     7  affirmative  defense to any improper practice charge under paragraph (g)
     8  of this subdivision that the employee has the right, pursuant  to  stat-
     9  ute,  interest  arbitration  award,  collectively  negotiated agreement,
    10  policy or practice, to  present  to  a  hearing  officer  or  arbitrator
    11  evidence  of  the  employer's  failure  to provide representation and to
    12  obtain exclusion of the resulting evidence upon  demonstration  of  such
    13  failure.  Nothing  in  this section shall grant an employee any right to
    14  representation by the representative of an employee organization in  any
    15  criminal  investigation;  or  (h)  to  disclose home addresses, personal
    16  telephone  numbers,  personal  cell  phone  numbers,   personal   e-mail
    17  addresses of a public employee, as the term "public employee" is defined
    18  in  subdivision seven of section two hundred one of this article, except
    19  (i) where required pursuant to the provisions of this article, and  (ii)
    20  to the extent compelled to do so by lawful service of process, subpoena,
    21  court  order,  or as otherwise required by law. This paragraph shall not
    22  prohibit other provisions of law regarding work-related, publicly avail-
    23  able information such as title, salary, and dates of employment.
    24    § 2. Subdivision 1 of section 208 of the civil service law is  amended
    25  by adding a new paragraph (d) to read as follows:
    26    (d)  Unless  otherwise specified by a collective bargaining agreement,
    27  upon the request of the employee organization, not more than  quarterly,
    28  the  employer shall provide the employee organization the name, address,
    29  job title, employing agency or department or other  operating  unit  and
    30  work location of all employees of a bargaining unit.
    31    § 3. This act shall take effect immediately.
 
    32                                   PART F
 
    33    Section  1. Paragraph (d) of subdivision 4 of section 209 of the civil
    34  service law, as amended by section 1 of part L of chapter 57 of the laws
    35  of 2016, is amended to read as follows:
    36    (d) The provisions of this subdivision shall expire  July  first,  two
    37  thousand [nineteen] twenty-four.
    38    §  2.  Paragraph  (f)  of  subdivision  6  of section 209 of the civil
    39  service law, as amended by section 2 of part L of chapter 57 of the laws
    40  of 2016, is amended to read as follows:
    41    (f) The provisions of this subdivision shall expire  July  first,  two
    42  thousand [nineteen] twenty-four.
    43    § 3. This act shall take effect immediately.
 
    44                                   PART G
 
    45                            Intentionally Omitted
 
    46                                   PART H
 
    47                            Intentionally Omitted
 
    48                                   PART I

        S. 1505--C                          7                         A. 2005--C
 
     1                            Intentionally Omitted
 
     2                                   PART J

     3    Section  1.  The  real  property  tax  law  is amended by adding a new
     4  section 485-u to read as follows:
     5    § 485-u. Class one reassessment exemption. 1. Applicability. A special
     6  assessing unit that is not a city may, by local law, opt  to  provide  a
     7  class  one  reassessment  exemption  as  provided  in this section. Such
     8  exemption shall apply in the same manner and to the same extent to coun-
     9  ty, town, special district and  school  district  taxes  levied  on  the
    10  assessment roll prepared by such special assessing unit.
    11    2.  Eligibility.  The assessor shall, for the two thousand twenty--two
    12  thousand twenty-one final assessment roll and for  the  subsequent  four
    13  years,  apply  an exemption as provided in this section to each property
    14  classified in class one pursuant to article eighteen of this chapter.
    15    3. Exemption calculation. (a) (i) The  assessor  shall  calculate  the
    16  exemption  as  a  percentage  of  the exemption base. The exemption base
    17  shall be the amount by which the assessment of a  property  on  the  two
    18  thousand   twenty--two-thousand  twenty-one  tentative  assessment  roll
    19  issued on or about January 2, 2019 exceeds the equalized  assessment  on
    20  the  two  thousand  nineteen--two thousand twenty final assessment roll.
    21  The assessor shall determine the equalized assessment on the  two  thou-
    22  sand  nineteen--two thousand twenty final assessment roll by multiplying
    23  a property's effective full value  on  the  two  thousand  nineteen--two
    24  thousand  twenty final assessment roll by the class one level of assess-
    25  ment on the two thousand twenty--two thousand twenty-one  final  assess-
    26  ment  roll.  The  assessor  shall  determine a property's effective full
    27  value on the two thousand nineteen--two thousand twenty final assessment
    28  roll by dividing the assessment on the two thousand nineteen--two  thou-
    29  sand  twenty  final assessment roll by the class one level of assessment
    30  on the two thousand nineteen--two thousand twenty final assessment roll.
    31  Such exemption base shall not include  assessment  increases  due  to  a
    32  physical  improvement or a removal or reduction of an exemption on prop-
    33  erty.
    34    (ii) Any increase in the assessment of a property due to  an  increase
    35  in  a  property's  full  value or physical changes subsequent to the two
    36  thousand twenty--two thousand twenty-one final assessment roll shall not
    37  be eligible for the exemption. If any portion of a property is fully  or
    38  partially  removed  from the assessment roll subsequent to the two thou-
    39  sand twenty--two thousand twenty-one final assessment roll by reason  of
    40  fire,  demolition,  destruction  or  new  exemption,  the assessor shall
    41  reduce the exemption for any remaining portion in  the  same  proportion
    42  the  assessment is reduced for such fire, demolition, destruction or new
    43  exemption.
    44    (b) The exemption shall be eighty per centum of the exemption base  on
    45  the  two thousand twenty--two thousand twenty-one final assessment roll,
    46  sixty per centum of the exemption base on the two thousand  twenty-one--
    47  two  thousand  twenty-two final assessment roll, forty per centum of the
    48  exemption base on the two thousand twenty-two--two thousand twenty-three
    49  final assessment roll, twenty per centum of the exemption  base  on  the
    50  two  thousand  twenty-three--two  thousand  twenty-four final assessment
    51  roll and zero per centum of the exemption base on the two thousand twen-
    52  ty-four--two thousand twenty-five final assessment roll.

        S. 1505--C                          8                         A. 2005--C
 
     1    4. Entering of exemption on assessment roll. The assessor shall  enter
     2  in  a  separate column on the assessment roll the value of any exemption
     3  provided by this section.
     4    §  2. Severability. If any provision of this act or if any application
     5  thereof to any person or circumstances is held invalid, the remainder of
     6  this act and the application of  the  provision  to  other  persons  and
     7  circumstances shall not be affected thereby.
     8    § 3. This act shall take effect immediately.
 
     9                                   PART K
 
    10                            Intentionally Omitted
 
    11                                   PART L
 
    12    Section  1.  Section  4 of chapter 22 of the laws of 2014, relating to
    13  expanding  opportunities  for  service-disabled  veteran-owned  business
    14  enterprises, is amended to read as follows:
    15    §  4.  This act shall take effect immediately; provided, however, that
    16  sections one, one-a and two of this  act  shall  expire  and  be  deemed
    17  repealed March 31, [2019] 2024; and provided, further, however, that the
    18  amendments  to subdivisions 7 and 15 of section 310 of the executive law
    19  made by section three of this act shall not  affect  the  expiration  of
    20  such section and shall be deemed to expire therewith.
    21    §  2.  This  act  shall take effect immediately and shall be deemed to
    22  have been in full force and effect on and after April 1, 2019.
 
    23                                   PART M
 
    24                            Intentionally Omitted
 
    25                                   PART N
 
    26                            Intentionally Omitted
 
    27                                   PART O
 
    28    Section 1. Section 2 of chapter 887 of the laws of 1983, amending  the
    29  correction  law  relating to the psychological testing of candidates, as
    30  amended by section 1 of part A of chapter 55 of the  laws  of  2017,  is
    31  amended to read as follows:
    32    § 2. This act shall take effect on the one hundred eightieth day after
    33  it shall have become a law and shall remain in effect until September 1,
    34  [2019] 2020.
    35    § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
    36  tive  law  and  the  criminal  procedure  law  relating to expanding the
    37  geographic area of employment of certain police officers, as amended  by
    38  section  2  of  part  A of chapter 55 of the laws of 2017, is amended to
    39  read as follows:
    40    § 3. This act shall take effect on the  first  day  of  November  next
    41  succeeding  the  date  on  which  it  shall have become a law, and shall
    42  remain in effect until the first day of September, [2019] 2020, when  it
    43  shall expire and be deemed repealed.
    44    §  3.  Section  3  of  chapter  886  of the laws of 1972, amending the
    45  correction law and the penal  law  relating  to  prisoner  furloughs  in
    46  certain  cases  and  the  crime  of  absconding therefrom, as amended by

        S. 1505--C                          9                         A. 2005--C
 
     1  section 3 of part A of chapter 55 of the laws of  2017,  is  amended  to
     2  read as follows:
     3    §  3.  This act shall take effect 60 days after it shall have become a
     4  law and shall remain in effect until September 1, [2019] 2020.
     5    § 4. Section 20 of chapter 261 of the laws of 1987, amending  chapters
     6  50, 53 and 54 of the laws of 1987, the correction law, the penal law and
     7  other  chapters and laws relating to correctional facilities, as amended
     8  by section 4 of part A of chapter 55 of the laws of 2017, is amended  to
     9  read as follows:
    10    § 20. This act shall take effect immediately except that section thir-
    11  teen  of  this  act shall expire and be of no further force or effect on
    12  and after September 1, [2019]  2020  and  shall  not  apply  to  persons
    13  committed to the custody of the department after such date, and provided
    14  further  that  the commissioner of corrections and community supervision
    15  shall report each January first and July first during such time  as  the
    16  earned  eligibility  program is in effect, to the chairmen of the senate
    17  crime victims, crime and correction committee, the senate codes  commit-
    18  tee,  the  assembly correction committee, and the assembly codes commit-
    19  tee, the standards in effect for earned  eligibility  during  the  prior
    20  six-month  period,  the  number  of inmates subject to the provisions of
    21  earned eligibility, the number who  actually  received  certificates  of
    22  earned  eligibility  during  that  period of time, the number of inmates
    23  with certificates who are granted parole upon their first  consideration
    24  for  parole,  the  number  with  certificates who are denied parole upon
    25  their first consideration, and the number  of  individuals  granted  and
    26  denied parole who did not have earned eligibility certificates.
    27    § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
    28  amending  the tax law and other laws relating to taxes, surcharges, fees
    29  and funding, as amended by section 5 of part A of chapter 55 of the laws
    30  of 2017, is amended to read as follows:
    31    (q) the provisions of section two  hundred  eighty-four  of  this  act
    32  shall  remain in effect until September 1, [2019] 2020 and be applicable
    33  to all persons entering the program on or before August 31, [2019] 2020.
    34    § 6. Section 10 of chapter 339 of  the  laws  of  1972,  amending  the
    35  correction  law  and  the  penal  law  relating  to inmate work release,
    36  furlough and leave, as amended by section 6 of part A of chapter  55  of
    37  the laws of 2017, is amended to read as follows:
    38    §  10. This act shall take effect 30 days after it shall have become a
    39  law and shall remain in effect  until  September  1,  [2019]  2020,  and
    40  provided  further  that  the commissioner of correctional services shall
    41  report each January first, and July first, to the chairman of the senate
    42  crime victims, crime and correction committee, the senate codes  commit-
    43  tee,  the  assembly correction committee, and the assembly codes commit-
    44  tee, the number of eligible inmates in each facility under  the  custody
    45  and  control  of  the commissioner who have applied for participation in
    46  any program offered under the provisions of work release,  furlough,  or
    47  leave, and the number of such inmates who have been approved for partic-
    48  ipation.
    49    §  7.  Subdivision (c) of section 46 of chapter 60 of the laws of 1994
    50  relating to certain provisions which impact upon expenditure of  certain
    51  appropriations made by chapter 50 of the laws of 1994 enacting the state
    52  operations  budget,  as  amended by section 7 of part A of chapter 55 of
    53  the laws of 2017, is amended to read as follows:
    54    (c) sections forty-one and forty-two of this act shall expire  Septem-
    55  ber  1,  [2019] 2020; provided, that the provisions of section forty-two

        S. 1505--C                         10                         A. 2005--C
 
     1  of this act shall apply to inmates entering the work release program  on
     2  or after such effective date; and
     3    §  8.  Subdivision  h  of section 74 of chapter 3 of the laws of 1995,
     4  amending the correction law and other laws relating to the incarceration
     5  fee, as amended by section 8 of part A of chapter  55  of  the  laws  of
     6  2017, is amended to read as follows:
     7    h.  Section fifty-two of this act shall be deemed to have been in full
     8  force and effect on and after April 1, 1995; provided, however, that the
     9  provisions of section 189 of the correction law, as amended  by  section
    10  fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
    11  as  amended by section fifty-six of this act, and section fifty-seven of
    12  this act shall expire September 1, [2019] 2020, when upon such date  the
    13  amendments  to  the correction law and penal law made by sections fifty-
    14  five and fifty-six of this act shall revert to and be  read  as  if  the
    15  provisions  of  this  act  had not been enacted; provided, however, that
    16  sections sixty-two, sixty-three and sixty-four  of  this  act  shall  be
    17  deemed  to have been in full force and effect on and after March 1, 1995
    18  and shall be deemed repealed April  1,  1996  and  upon  such  date  the
    19  provisions  of  subsection  (e) of section 9110 of the insurance law and
    20  subdivision 2 of section 89-d of the state finance law shall  revert  to
    21  and  be  read  as  set  out in law on the date immediately preceding the
    22  effective date of sections sixty-two and sixty-three of this act;
    23    § 9. Subdivision (c) of section 49 of subpart A of part C  of  chapter
    24  62 of the laws of 2011 amending the correction law and the executive law
    25  relating to merging the department of correctional services and division
    26  of  parole into the department of corrections and community supervision,
    27  as amended by section 9 of part A of chapter 55 of the laws of 2017,  is
    28  amended to read as follows:
    29    (c)  that  the  amendments  to  subdivision  9  of  section 201 of the
    30  correction law as added by section thirty-two of this act  shall  remain
    31  in  effect  until  September 1, [2019] 2020, when it shall expire and be
    32  deemed repealed;
    33    § 10. Subdivision (aa) of section 427 of chapter 55  of  the  laws  of
    34  1992, amending the tax law and other laws relating to taxes, surcharges,
    35  fees  and  funding,  as amended by section 10 of part A of chapter 55 of
    36  the laws of 2017, is amended to read as follows:
    37    (aa) the  provisions  of  sections  three  hundred  eighty-two,  three
    38  hundred  eighty-three  and  three  hundred eighty-four of this act shall
    39  expire on September 1, [2019] 2020;
    40    § 11. Section 12 of chapter 907 of the  laws  of  1984,  amending  the
    41  correction  law,  the New York city criminal court act and the executive
    42  law relating to prison and jail housing and  alternatives  to  detention
    43  and  incarceration programs, as amended by section 11 of part A of chap-
    44  ter 55 of the laws of 2017, is amended to read as follows:
    45    § 12.  This  act  shall  take  effect  immediately,  except  that  the
    46  provisions  of sections one through ten of this act shall remain in full
    47  force and effect until September 1, [2019]  2020  on  which  date  those
    48  provisions shall be deemed to be repealed.
    49    §  12.  Subdivision  (p)  of section 406 of chapter 166 of the laws of
    50  1991, amending the tax law and other laws relating to taxes, as  amended
    51  by section 12 of part A of chapter 55 of the laws of 2017, is amended to
    52  read as follows:
    53    (p) The amendments to section 1809 of the vehicle and traffic law made
    54  by sections three hundred thirty-seven and three hundred thirty-eight of
    55  this  act  shall not apply to any offense committed prior to such effec-
    56  tive date; provided, further, that section three  hundred  forty-one  of

        S. 1505--C                         11                         A. 2005--C
 
     1  this act shall take effect immediately and shall expire November 1, 1993
     2  at  which  time  it  shall  be  deemed  repealed; sections three hundred
     3  forty-five and three hundred forty-six of this  act  shall  take  effect
     4  July  1,  1991;  sections three hundred fifty-five, three hundred fifty-
     5  six, three hundred fifty-seven and three hundred fifty-nine of this  act
     6  shall  take  effect immediately and shall expire June 30, 1995 and shall
     7  revert to and be read as if this act had not been enacted; section three
     8  hundred fifty-eight of this act shall take effect immediately and  shall
     9  expire  June 30, 1998 and shall revert to and be read as if this act had
    10  not been enacted; section three hundred sixty-four through three hundred
    11  sixty-seven of this act shall apply to claims filed  on  or  after  such
    12  effective  date; sections three hundred sixty-nine, three hundred seven-
    13  ty-two, three hundred seventy-three, three hundred  seventy-four,  three
    14  hundred  seventy-five  and  three  hundred seventy-six of this act shall
    15  remain in effect until September 1, [2019]  2020,  at  which  time  they
    16  shall   be  deemed  repealed;  provided,  however,  that  the  mandatory
    17  surcharge provided in section three hundred  seventy-four  of  this  act
    18  shall  apply  to parking violations occurring on or after said effective
    19  date; and provided further that the amendments made to  section  235  of
    20  the vehicle and traffic law by section three hundred seventy-two of this
    21  act,  the amendments made to section 1809 of the vehicle and traffic law
    22  by sections three hundred thirty-seven and three hundred thirty-eight of
    23  this act and the amendments made to section 215-a of the  labor  law  by
    24  section three hundred seventy-five of this act shall expire on September
    25  1,  [2019]  2020  and upon such date the provisions of such subdivisions
    26  and sections shall revert to and be read as if the  provisions  of  this
    27  act  had  not  been  enacted;  the amendments to subdivisions 2 and 3 of
    28  section 400.05 of the penal law made by sections three hundred  seventy-
    29  seven  and  three hundred seventy-eight of this act shall expire on July
    30  1, 1992 and upon such date the provisions  of  such  subdivisions  shall
    31  revert  and  shall be read as if the provisions of this act had not been
    32  enacted; the state board of law examiners shall take such action  as  is
    33  necessary to assure that all applicants for examination for admission to
    34  practice  as  an  attorney and counsellor at law shall pay the increased
    35  examination fee provided for by the amendment made to section 465 of the
    36  judiciary law by section three hundred eighty of this act for any  exam-
    37  ination given on or after the effective date of this act notwithstanding
    38  that an applicant for such examination may have prepaid a lesser fee for
    39  such examination as required by the provisions of such section 465 as of
    40  the  date  prior  to  the  effective date of this act; the provisions of
    41  section 306-a of the civil practice law and rules as  added  by  section
    42  three  hundred eighty-one of this act shall apply to all actions pending
    43  on or commenced on or after September 1, 1991, provided,  however,  that
    44  for  the  purposes of this section service of such summons made prior to
    45  such date shall be deemed to have been completed on September  1,  1991;
    46  the  provisions  of section three hundred eighty-three of this act shall
    47  apply to all money deposited  in  connection  with  a  cash  bail  or  a
    48  partially  secured  bail  bond  on or after such effective date; and the
    49  provisions of sections  three  hundred  eighty-four  and  three  hundred
    50  eighty-five  of  this  act  shall  apply  only to jury service commenced
    51  during a judicial term beginning on or after the effective date of  this
    52  act; provided, however, that nothing contained herein shall be deemed to
    53  affect  the  application,  qualification,  expiration  or  repeal of any
    54  provision of law amended by any section of this act and such  provisions
    55  shall  be  applied or qualified or shall expire or be deemed repealed in

        S. 1505--C                         12                         A. 2005--C
 
     1  the same manner, to the same extent and on the same date as the case may
     2  be as otherwise provided by law;
     3    § 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
     4  amended  by  section  13 of part A of chapter 55 of the laws of 2017, is
     5  amended to read as follows:
     6    8. The provisions of this section shall only apply to offenses commit-
     7  ted on or before September first, two thousand [nineteen] twenty.
     8    § 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
     9  cle and traffic law relating to the ignition interlock  device  program,
    10  as amended by section 14 of part A of chapter 55 of the laws of 2017, is
    11  amended to read as follows:
    12    §  6.  This  act  shall  take  effect  on  the first day of April next
    13  succeeding the date on which it  shall  have  become  a  law;  provided,
    14  however,  that  effective immediately, the addition, amendment or repeal
    15  of any rule or regulation necessary for the implementation of the  fore-
    16  going  sections  of  this  act on their effective date is authorized and
    17  directed to be made and completed on or before such effective  date  and
    18  shall  remain in full force and effect until the first day of September,
    19  [2019] 2020 when upon such date the provisions  of  this  act  shall  be
    20  deemed repealed.
    21    § 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
    22  laws of 1997, amending the military law and other laws relating to vari-
    23  ous  provisions, as amended by section 15 of part A of chapter 55 of the
    24  laws of 2017, is amended to read as follows:
    25    a. sections forty-three through forty-five of this  act  shall  expire
    26  and be deemed repealed on September 1, [2019] 2020;
    27    § 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
    28  the civil practice law and rules and the court of claims act relating to
    29  prisoner  litigation reform, as amended by section 16 of part A of chap-
    30  ter 55 of the laws of 2017, is amended to read as follows:
    31    § 4. This act shall take effect 120 days after it shall have become  a
    32  law  and shall remain in full force and effect until September 1, [2019]
    33  2020, when upon such date it shall expire.
    34    § 17. Subdivision 2 of section 59 of chapter 222 of the laws of  1994,
    35  constituting  the  family  protection and domestic violence intervention
    36  act of 1994, as amended by section 17 of part A of  chapter  55  of  the
    37  laws of 2017, is amended to read as follows:
    38    2.  Subdivision  4  of section 140.10 of the criminal procedure law as
    39  added by section thirty-two of this act shall  take  effect  January  1,
    40  1996  and  shall  expire  and  be deemed repealed on September 1, [2019]
    41  2020.
    42    § 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
    43  inal procedure law relating to the use of closed-circuit television  and
    44  other  protective  measures  for  certain child witnesses, as amended by
    45  section 18 of part A of chapter 55 of the laws of 2017,  is  amended  to
    46  read as follows:
    47    §  5.  This  act  shall take effect immediately and shall apply to all
    48  criminal actions and proceedings commenced prior to the  effective  date
    49  of  this  act  but  still  pending  on such date as well as all criminal
    50  actions and proceedings commenced on or after such  effective  date  and
    51  its provisions shall expire on  September 1, [2019] 2020, when upon such
    52  date the provisions of this act shall be deemed repealed.
    53    §  19.  Subdivision  d of section 74 of chapter 3 of the laws of 1995,
    54  enacting the sentencing reform act of 1995, as amended by section 19  of
    55  part A of chapter 55 of the laws of 2017, is amended to read as follows:

        S. 1505--C                         13                         A. 2005--C
 
     1    d.  Sections  one-a  through twenty, twenty-four through twenty-eight,
     2  thirty through thirty-nine, forty-two and forty-four of this  act  shall
     3  be deemed repealed on September 1, [2019] 2020;
     4    § 20. Section 2 of chapter 689 of the laws of 1993 amending the crimi-
     5  nal  procedure  law  relating  to electronic court appearance in certain
     6  counties, as amended by section 20 of part A of chapter 55 of  the  laws
     7  of 2017, is amended to read as follows:
     8    §  2.  This  act  shall  take  effect  immediately,  except  that  the
     9  provisions of this act shall be deemed to have been in  full  force  and
    10  effect  since  July  1, 1992 and the provisions of this act shall expire
    11  September 1, [2019] 2020 when upon such date the provisions of this  act
    12  shall be deemed repealed.
    13    § 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
    14  utive law relating to enacting the interstate compact for adult offender
    15  supervision,  as  amended  by  section 21 of part A of chapter 55 of the
    16  laws of 2017, is amended to read as follows:
    17    § 3. This act shall take effect immediately, except that  section  one
    18  of  this  act  shall take effect on the first of January next succeeding
    19  the date on which it shall have become a law, and shall remain in effect
    20  until the first of September, [2019] 2020,  upon  which  date  this  act
    21  shall  be deemed repealed and have no further force and effect; provided
    22  that section one of this act shall only take effect with respect to  any
    23  compacting  state  which  has  enacted  an  interstate  compact entitled
    24  "Interstate compact for adult offender supervision" and having an  iden-
    25  tical  effect  to  that  added  by  section one of this act and provided
    26  further that with respect to any such compacting state, upon the  effec-
    27  tive date of section one of this act, section 259-m of the executive law
    28  is  hereby  deemed  REPEALED and section 259-mm of the executive law, as
    29  added by section one of  this  act,  shall  take  effect;  and  provided
    30  further  that  with respect to any state which has not enacted an inter-
    31  state compact entitled "Interstate compact  for  adult  offender  super-
    32  vision"  and  having an identical effect to that added by section one of
    33  this act, section 259-m of the executive law shall take effect  and  the
    34  provisions  of  section one of this act, with respect to any such state,
    35  shall have no force or effect until such time as such state shall  adopt
    36  an  interstate  compact  entitled "Interstate compact for adult offender
    37  supervision" and having an identical effect to that added by section one
    38  of this act in which case, with respect to such state,  effective  imme-
    39  diately,  section  259-m  of  the  executive  law is deemed repealed and
    40  section 259-mm of the executive law, as added by  section  one  of  this
    41  act, shall take effect.
    42    §  22. Section 8 of part H of chapter 56 of the laws of 2009, amending
    43  the correction law relating to limiting the closing of  certain  correc-
    44  tional  facilities,  providing  for  the  custody  by  the department of
    45  correctional services of inmates serving definite  sentences,  providing
    46  for  custody  of  federal prisoners and requiring the closing of certain
    47  correctional facilities, as amended by section 22 of part A  of  chapter
    48  55 of the laws of 2017, is amended to read as follows:
    49    §  8.  This  act shall take effect immediately; provided, however that
    50  sections five and six of this act shall expire and  be  deemed  repealed
    51  September 1, [2019] 2020.
    52    §  23. Section 3 of part C of chapter 152 of the laws of 2001 amending
    53  the military law relating to military funds of the organized militia, as
    54  amended by section 3 of part O of chapter 55 of the  laws  of  2018,  is
    55  amended to read as follows:

        S. 1505--C                         14                         A. 2005--C
 
     1    § 3. This act shall take effect immediately; provided however that the
     2  amendments  made  to subdivision 1 of section 221 of the military law by
     3  section two of this act shall expire and be deemed repealed September 1,
     4  [2019] 2020.
     5    §  24.  Section  5  of  chapter  554 of the laws of 1986, amending the
     6  correction law and the penal law relating  to  providing  for  community
     7  treatment  facilities  and establishing the crime of absconding from the
     8  community treatment facility, as amended by section  24  of  part  A  of
     9  chapter 55 of the laws of 2017, is amended to read as follows:
    10    §  5.  This act shall take effect immediately and shall remain in full
    11  force and effect until September 1, [2019] 2020,  and  provided  further
    12  that the commissioner of correctional services shall report each January
    13  first  and July first during such time as this legislation is in effect,
    14  to the chairmen of  the  senate  crime  victims,  crime  and  correction
    15  committee,  the  senate codes committee, the assembly correction commit-
    16  tee, and the assembly codes committee, the number of individuals who are
    17  released to community treatment facilities during the previous six-month
    18  period, including the total number for each date at  each  facility  who
    19  are  not residing within the facility, but who are required to report to
    20  the facility on a daily or less frequent basis.
    21    § 25. Section 2 of part F of chapter 55 of the laws of 2018,  amending
    22  the  criminal  procedure law relating to pre-criminal proceeding settle-
    23  ments in the city of New York, is amended to read as follows:
    24    § 2. This act shall take effect immediately and shall remain  in  full
    25  force  and  effect until March 31, [2019] 2020, when it shall expire and
    26  be deemed repealed.
    27    § 26. This act shall take effect immediately,  provided  however  that
    28  section  twenty-five  of  this  act shall be deemed to have been in full
    29  force and effect on and after March 31, 2019.
 
    30                                   PART P
 
    31                            Intentionally Omitted
 
    32                                   PART Q

    33                            Intentionally Omitted
 
    34                                   PART R
 
    35    Section 1. Section 60.42 of the criminal procedure law,  as  added  by
    36  chapter  230 of the laws of 1975 and subdivision 3 as amended by chapter
    37  264 of the laws of 2003, is amended to read as follows:
    38  § 60.42 Rules of evidence; admissibility of evidence of victim's  sexual
    39            conduct in sex offense cases.
    40    Evidence  of  a  victim's  sexual conduct shall not be admissible in a
    41  prosecution for an offense or an attempt to commit an offense defined in
    42  article one hundred thirty or in section 230.34 of the penal law  unless
    43  such evidence:
    44    1.  proves  or tends to prove specific instances of the victim's prior
    45  sexual conduct with the accused; or
    46    2. proves or tends to prove that the victim has been convicted  of  an
    47  offense  under  section 230.00 of the penal law within three years prior
    48  to the sex offense which is the subject of the prosecution; or

        S. 1505--C                         15                         A. 2005--C
 
     1    3. rebuts evidence introduced by the people of the victim's failure to
     2  engage in sexual intercourse, oral sexual conduct, anal  sexual  conduct
     3  or sexual contact during a given period of time; or
     4    4.   rebuts evidence introduced by the people which proves or tends to
     5  prove that the accused is the cause  of  pregnancy  or  disease  of  the
     6  victim, or the source of semen found in the victim; or
     7    5.   is determined by the court after an offer of proof by the accused
     8  outside the hearing of the jury,  or  such  hearing  as  the  court  may
     9  require,  and a statement by the court of its findings of fact essential
    10  to its determination, to be relevant and admissible in the interests  of
    11  justice.
    12    § 2. This act shall take effect immediately.
 
    13                                   PART S
 
    14                            Intentionally Omitted
 
    15                                   PART T
 
    16                            Intentionally Omitted
 
    17                                   PART U
 
    18                            Intentionally Omitted
 
    19                                   PART V
 
    20                            Intentionally Omitted
 
    21                                   PART W
 
    22                            Intentionally Omitted
 
    23                                   PART X
 
    24                            Intentionally Omitted
 
    25                                   PART Y
 
    26                            Intentionally Omitted
 
    27                                   PART Z

    28                            Intentionally Omitted
 
    29                                   PART AA
 
    30                            Intentionally Omitted
 
    31                                   PART BB
 
    32                            Intentionally Omitted
 
    33                                   PART CC

        S. 1505--C                         16                         A. 2005--C
 
     1    Section  1.  Section 13-b of the workers' compensation law, as amended
     2  by chapter 1068 of the laws of 1960, the section heading, subdivisions 1
     3  and 2 as amended by chapter 473 of the laws of 2000 and subdivision 3 as
     4  amended by section 85 of part A of chapter 58 of the laws  of  2010,  is
     5  amended to read as follows:
     6    §  13-b.  Authorization of [physicians] providers, medical bureaus and
     7  laboratories by the chair. 1. [Upon the recommendation  of  the  medical
     8  society of the county in which the physician's office is located or of a
     9  board  designated by such county society or of a board representing duly
    10  licensed physicians of any other school  of  medical  practice  in  such
    11  county, the chair may authorize physicians licensed to practice medicine
    12  in  the  state of New York to render medical care under this chapter and
    13  to perform independent medical examinations in accordance with  subdivi-
    14  sion  four  of section thirteen-a of this article. If, within sixty days
    15  after the chair requests such recommendations  the  medical  society  of
    16  such  county  or  board  fails to act, or if there is no such society in
    17  such county, the chair shall designate  a  board  of  three  outstanding
    18  physicians, who shall make the requisite recommendations.
    19    No such authorization shall be made in the absence of a recommendation
    20  of the appropriate society or board or of a review and recommendation by
    21  the  medical  appeals  unit.]  No  person  shall  render medical care or
    22  conduct independent medical examinations under this chapter without such
    23  authorization by the chair[, provided, that:   (a)].  As  used  in  this
    24  title,  the  following  definitions  shall  have  the following meanings
    25  unless their context requires otherwise:
    26    (a) "Acupuncturist" shall mean licensed as having completed  a  formal
    27  course  of study and having passed an examination in accordance with the
    28  education law, the regulations of the commissioner of education, and the
    29  requirements of the board of regents. Acupuncturists are required by the
    30  education law to advise, in writing, each patient of the  importance  of
    31  consulting  with a physician for the condition or conditions necessitat-
    32  ing acupuncture care, as prescribed by the education law.
    33    (b) "Chair" of the board shall mean either the chair  or  the  chair's
    34  designee.
    35    (c)  "Chiropractor" shall mean licensed and having completed two years
    36  of preprofessional college study and a  four-year  resident  program  in
    37  chiropractic  in  accordance with the education law, and consistent with
    38  the licensing requirements of the commissioner of education.
    39    (d) "Dentist" shall mean licensed and  having  completed  a  four-year
    40  course  of  study leading to a D.D.S. or D.D.M. degree, or an equivalent
    41  degree, in accordance with the education law and the licensing  require-
    42  ments of the commissioner of education.
    43    (e)  "Employer" shall mean a self-insured employer or, if insured, the
    44  insurance carrier.
    45    (f)  "Independent  medical  examination"  shall  mean  an  examination
    46  performed  by  a  physician,  podiatrist,  chiropractor or psychologist,
    47  authorized under this section  to  perform  such  examination,  for  the
    48  purpose  of  examining or evaluating injury or illness pursuant to para-
    49  graph (b) of subdivision four of  section  thirteen-a  and  section  one
    50  hundred  thirty-seven  of  this  chapter  and as more fully set forth in
    51  regulation.
    52    (g) "Nurse practitioner" shall mean a licensed registered professional
    53  nurse certified pursuant to section sixty-nine hundred ten of the educa-
    54  tion law acting within their lawful scope of practice.
    55    (h) "Occupational therapist" shall mean licensed as having at least  a
    56  bachelor's  or master's degree in occupational therapy from a registered

        S. 1505--C                         17                         A. 2005--C
 
     1  program with the education department or receipt of a diploma or  degree
     2  resulting  from  completion of not less than four years of postsecondary
     3  study, which includes the professional study of occupational therapy  in
     4  accordance with the education law and the regulations of the commission-
     5  er of education.
     6    (i)  "Physical  therapist"  shall mean licensed in accordance with the
     7  education law and the licensing  requirements  of  the  commissioner  of
     8  education.
     9    (j)  "Physician"  shall mean licensed with a degree of doctor of medi-
    10  cine, M.D., or doctor of osteopathic medicine, D.O.,  or  an  equivalent
    11  degree  in  accordance with the education law and the licensing require-
    12  ments of the state board of medicine and the regulations of the  commis-
    13  sioner of education.
    14    (k)  "Physician  assistant"  shall  mean  a  licensed  provider who is
    15  licensed as a physician assistant pursuant to section sixty-five hundred
    16  forty-one of the education law.
    17    (l) "Podiatrist" shall mean a doctor of podiatric medicine licensed as
    18  having received a doctoral degree in podiatric  medicine  in  accordance
    19  with  the regulations of the commissioner of education and the education
    20  law, and must satisfactorily meet all other requirements  of  the  state
    21  board for podiatric medicine.
    22    (m) "Provider" shall mean a duly licensed acupuncturist, chiropractor,
    23  nurse  practitioner,  occupational therapist, physical therapist, physi-
    24  cian, physician assistant, podiatrist, psychologist,  or  social  worker
    25  authorized by the chair.
    26    (n)  "Psychologist"  shall mean licensed as having received a doctoral
    27  degree in psychology from a program of psychology  registered  with  the
    28  state  education  department  or  the  substantial equivalent thereof in
    29  accordance with the education law, the requirements of the  state  board
    30  for psychology, and the regulations of the commissioner of education.
    31    (o)  "Social  worker"  shall mean a licensed clinical social worker. A
    32  licensed clinical social worker  has  completed  a  master's  degree  of
    33  social  work  that  includes completion of a core curriculum of at least
    34  twelve credit hours of clinical courses or the equivalent  post-graduate
    35  clinical  coursework, in accordance with the education law and the regu-
    36  lations of the commissioner of education.
    37    2. Any [physician] provider licensed [to practice  medicine]  pursuant
    38  to  the education law to provide medical care and treatment in the state
    39  of New York may render emergency [medical]  care  and  treatment  in  an
    40  emergency  hospital or urgent care setting providing emergency treatment
    41  under this  chapter  without  authorization  by  the  chair  under  this
    42  section; [and
    43    (b)]  (a)  Such  licensed  [physician]  provider as identified in this
    44  subdivision who is [a member of  a  constituted  medical  staff  of  any
    45  hospital] on staff at any hospital or urgent care center providing emer-
    46  gency treatment may [render] continue such medical care under this chap-
    47  ter  while  an  injured  employee  remains a patient in such hospital or
    48  urgent care setting; and
    49    [(c)] (b) Under the [active and personal]  direct  supervision  of  an
    50  authorized  [physician]  provider,  medical  care  may  be rendered by a
    51  registered nurse or other person trained  in  laboratory  or  diagnostic
    52  techniques  within  the  scope of such person's specialized training and
    53  qualifications. This supervision shall be evidenced by signed records of
    54  instructions for treatment and signed records of the patient's condition
    55  and progress. Reports of such treatment and supervision shall be made by

        S. 1505--C                         18                         A. 2005--C
 
     1  such [physician] provider to the chair [on such forms and] in the format
     2  prescribed by the chair at such times as the chair may require.
     3    [(d)  Upon  the  referral which may be directive as to treatment of an
     4  authorized physician physical therapy care may be  rendered  by  a  duly
     5  licensed  physical  therapist.  Where  physical therapy care is rendered
     6  records of the patient's condition and progress, together  with  records
     7  of  instruction  for treatment, if any, shall be maintained by the phys-
     8  ical therapist and physician. Said records shall  be  submitted  to  the
     9  chair on such forms and at such times as the chair may require.
    10    (e) Upon the prescription or referral of an authorized physician occu-
    11  pational  therapy  care  may be rendered by a duly licensed occupational
    12  therapist. Where occupational therapy care is rendered  records  of  the
    13  patient's  condition  and progress, together with records of instruction
    14  for treatment, if any shall be maintained by the occupational  therapist
    15  and physician. Said records shall be submitted to the chair on forms and
    16  at such times as the chair may require.
    17    (f)] (c) Where it would place an unreasonable burden upon the employer
    18  or carrier to arrange for, or for the claimant to attend, an independent
    19  medical  examination by an authorized [physician] provider, the employer
    20  or carrier shall arrange for such examination to be performed by a qual-
    21  ified [physician] provider in  a  medical  facility  convenient  to  the
    22  claimant.
    23    [2.] (d) Upon the prescription or referral of an authorized physician,
    24  physician assistant, podiatrist, or nurse practitioner acting within the
    25  scope  of  his  or her practice, care or treatment may be rendered to an
    26  injured employee by an authorized physical therapist, occupational ther-
    27  apist  or  acupuncturist  provided  the  conditions  and  the  treatment
    28  performed  are among the conditions that the physical therapist, occupa-
    29  tional therapist or acupuncturist is authorized to treat pursuant to the
    30  education law or the  regulations  of  the  commissioner  of  education.
    31  Where  any  such care or treatment is rendered, records of the patient's
    32  condition and progress, together with records of instruction for  treat-
    33  ment,  if  any,  shall  be maintained by the physical therapist, occupa-
    34  tional therapist or acupuncturist rendering treatment and by the  refer-
    35  ring  physician, physician assistant, podiatrist, or nurse practitioner.
    36  Said records shall be submitted to the chair on forms and at such  times
    37  as the chair may require.
    38    (e)  A record, report or opinion of a physical therapist, occupational
    39  therapist, acupuncturist or physician assistant shall not be  considered
    40  as  evidence  of  the  causal  relationship  of  any condition to a work
    41  related accident or occupational disease under this chapter. Nor  may  a
    42  record,  report  or opinion of a physical therapist, occupational thera-
    43  pist or acupuncturist be considered evidence of disability.  Nor  may  a
    44  record,  report  or  opinion  of  a  physician  assistant  be considered
    45  evidence of the presence of a permanent or  initial  disability  or  the
    46  degree thereof.
    47    (f)  An  independent  medical examination performed in accordance with
    48  section one hundred thirty-seven of this chapter, may only be  performed
    49  by  a  physician, podiatrist, chiropractor or psychologist authorized to
    50  perform such examinations by the chair, or as specified  in  regulation,
    51  when qualified by the board.
    52    3. A [physician licensed to practice medicine in the state of New York
    53  who  is]  provider  properly licensed or certified pursuant to the regu-
    54  lations of the commissioner of education and  the  requirements  of  the
    55  education  law desirous of being authorized to render medical care under
    56  this chapter and/or  to  conduct  independent  medical  examinations  in

        S. 1505--C                         19                         A. 2005--C
 
     1  accordance  with paragraph (b) of subdivision four of section thirteen-a
     2  and section one hundred thirty-seven  of  this  chapter  shall  file  an
     3  application for authorization under this chapter with the [medical soci-
     4  ety in the county in which his or her office is located, or with a board
     5  designated  by  such society, or with a board designated by the chair as
     6  provided in this section. In such application the applicant shall  state
     7  his  or her training and qualifications, and shall agree to limit his or
     8  her professional activities under this chapter to such medical care  and
     9  independent  medical examinations, as his or her experience and training
    10  qualify him or her to render.  The  applicant  shall  further  agree  to
    11  refrain]  chair or chair's designee. Prior to receiving authorization, a
    12  physician must, together with submission of an application to the chair,
    13  submit such application to the medical society of the  county  in  which
    14  the physician's office is located or of a board designated by such coun-
    15  ty  society  or  of a board representing duly licensed physicians of any
    16  other school of medical practice in such county, and such medical socie-
    17  ty shall submit the recommendation to the board. In the event such coun-
    18  ty society or board fails to take action upon  a  physician's  completed
    19  and  signed  application  within forty-five days, the chair may complete
    20  review of the application without such approval. Upon  approval  of  the
    21  application  by  the  chair or the chair's designee, the applicant shall
    22  further agree to refrain  from subsequently treating  for  remuneration,
    23  as  a  private patient, any person seeking medical treatment, or submit-
    24  ting to an independent medical examination, in connection with, or as  a
    25  result  of,  any injury compensable under this chapter, if he or she has
    26  been removed from the  list  of  [physicians]  providers  authorized  to
    27  render medical care or to conduct independent medical examinations under
    28  this  chapter, or if the person seeking such treatment, or submitting to
    29  an independent medical examination, has been transferred from his or her
    30  care in accordance with the provisions of this chapter.  This  agreement
    31  shall  run  to the benefit of the injured person so treated or examined,
    32  and shall be available to him or her as a defense in any action by  such
    33  [physician] provider for payment for treatment rendered by a [physician]
    34  provider  after he or she has been removed from the list of [physicians]
    35  providers authorized to render medical care or  to  conduct  independent
    36  medical examinations under this chapter, or after the injured person was
    37  transferred  from  his  or her care in accordance with the provisions of
    38  this chapter. [The medical society or the board designated by it, or the
    39  board as otherwise  provided  under  this  section,  if  it  deems  such
    40  licensed  physician  duly  qualified,  shall recommend to the chair that
    41  such physician be authorized to render medical care and/or conduct inde-
    42  pendent medical examinations under this chapter, and such recommendation
    43  and authorization shall specify the character of  the  medical  care  or
    44  independent  medical  examination  which such physician is qualified and
    45  authorized to render under this chapter. Such recommendations  shall  be
    46  advisory  to  the chair only and shall not be binding or conclusive upon
    47  him or her. The licensed physician may present to the medical society or
    48  board, evidences of additional qualifications at any time subsequent  to
    49  his  or  her original application. If the medical society or board fails
    50  to recommend to the chair that  a  physician  be  authorized  to  render
    51  medical  care  and/or  to conduct independent medical examinations under
    52  this chapter, the physician may appeal to the medical appeals unit.  The
    53  medical society or the board designated by it, or the board as otherwise
    54  provided  under this section, may upon its own initiative, or shall upon
    55  request of the chair, review at  any  time  the  qualifications  of  any
    56  physician as to the character of the medical care or independent medical

        S. 1505--C                         20                         A. 2005--C

     1  examinations  which  such  physician  has theretofore been authorized to
     2  render under this chapter and may  recommend  to  the  chair  that  such
     3  physician be authorized to render medical care or to conduct independent
     4  medical examinations thereafter of the character which such physician is
     5  then  qualified to render. On such advisory recommendation the chair may
     6  review and after reasonable investigation may revise  the  authorization
     7  of  a  physician  in  respect to the character of medical care and/or to
     8  conduct independent medical examinations which he or she  is  authorized
     9  to  render. If the medical society or board recommends to the chair that
    10  a physician be authorized to render medical care and/or to conduct inde-
    11  pendent medical examinations under this chapter of a character different
    12  from the character of medical care or independent  medical  examinations
    13  he  or she has been theretofore authorized to render, such physician may
    14  appeal from such recommendation to the medical appeals unit.
    15    3.] 4. Laboratories and bureaus engaged in x-ray diagnosis  or  treat-
    16  ment  or  in  physiotherapy  or  other  therapeutic procedures and which
    17  participate in the diagnosis or treatment of injured  [workmen]  workers
    18  under  this chapter shall be operated or supervised by [qualified physi-
    19  cians duly] providers authorized under this chapter and shall be subject
    20  to the provisions of section thirteen-c of this article. The  person  in
    21  charge  of  diagnostic  clinical laboratories duly authorized under this
    22  chapter shall possess  the  qualifications  established  by  the  public
    23  health and health planning council for approval by the state commission-
    24  er of health or, in the city of New York, the qualifications approved by
    25  the  board  of  health  of said city and shall maintain the standards of
    26  work required for such approval.
    27    § 2. Section 13-d of the workers'  compensation  law,  as  amended  by
    28  chapter  459 of the laws of 1944, the section heading, subdivision 1 and
    29  subdivision 2 as amended by chapter 473 of the laws of 2000,  paragraphs
    30  (a)  and  (b)  of subdivision 2 as amended and subdivision 5 as added by
    31  chapter 6 of the laws of 2007, subdivision 4 as amended by chapter  1068
    32  of the laws of 1960, is amended to read as follows:
    33    §  13-d. Removal of [physicians] providers from lists of those author-
    34  ized to render medical care or to conduct independent  medical  examina-
    35  tions.  1.  The  medical  society of the county in which the physician's
    36  office is located at the time or a board designated by such county soci-
    37  ety or a board representing duly licensed physicians of any other school
    38  of medical practice in such county  shall  investigate,  hear  and  make
    39  findings with respect to all charges as to professional or other miscon-
    40  duct  of  any  authorized  physician  as herein provided under rules and
    41  procedure to be prescribed by the medical appeals unit, and shall report
    42  evidence of such misconduct, with their findings and recommendation with
    43  respect thereto, to the chair. Failure to  commence  such  investigation
    44  within  sixty days from the date the charges are referred to the society
    45  by the chair or submit findings  and  recommendations  relating  to  the
    46  charges  within  one  hundred  eighty days from the date the charges are
    47  referred shall empower the chair to appoint, as  a  hearing  officer,  a
    48  member  of  the  board,  employee, or other qualified hearing officer to
    49  hear and report on the charges to the chair. A qualified  hearing  offi-
    50  cer,  who is neither a member of the board, or employee thereof shall be
    51  paid at a reasonable per diem rate to be fixed by the chair.
    52    Such investigation, hearing, findings, recommendation and  report  may
    53  be  made by the society or board of an adjoining county upon the request
    54  of the medical society of the county in which the alleged misconduct  or
    55  infraction  of  this  chapter  occurred,  subject  to the time limit and
    56  conditions set forth herein. The medical appeals unit shall  review  the

        S. 1505--C                         21                         A. 2005--C
 
     1  findings and recommendation of such medical society or board, or hearing
     2  officer appointed by the chair upon application of the accused physician
     3  and  may  reopen  the matter and receive further evidence. The findings,
     4  decision  and  recommendation  of such society, board or hearing officer
     5  appointed by the chair or medical appeals unit shall be advisory to  the
     6  chair only, and shall not be binding or conclusive upon him or her.
     7    2.  The  chair  shall  remove  from the list of [physicians] providers
     8  authorized to render medical care under  this  chapter,  or  to  conduct
     9  independent  medical  examinations  in  accordance with paragraph (b) of
    10  subdivision four of section thirteen-a of this article, the name of  any
    11  [physician]  provider who he or she shall find after reasonable investi-
    12  gation is disqualified because such [physician] provider:
    13    (a) has been guilty of professional or other misconduct or incompeten-
    14  cy in connection with rendering medical services under the law; or
    15    (b) has exceeded the limits of his or her professional  competence  in
    16  rendering medical care or in conducting independent medical examinations
    17  under  the law, or has made materially false statements regarding his or
    18  her qualifications in his or her application for the  recommendation  of
    19  the  medical  society or board as provided in section thirteen-b of this
    20  article; or
    21    (c) has failed to transmit copies of  medical  reports  to  claimant's
    22  attorney  or  licensed  representative as provided in subdivision (f) of
    23  section thirteen of this article; or  has  failed  to  submit  full  and
    24  truthful medical reports of all his or her findings to the employer, and
    25  directly  to  the  chair or the board within the time limits provided in
    26  subdivision four of section thirteen-a of this article with  the  excep-
    27  tion  of  injuries which do not require (1) more than ordinary first aid
    28  or more than two treatments by a [physician] provider or person  render-
    29  ing first aid, or (2) loss of time from regular duties of one day beyond
    30  the working day or shift; or
    31    (d) knowingly made a false statement or representation as to a materi-
    32  al fact in any medical report made pursuant to this chapter or in testi-
    33  fying  or otherwise providing information for the purposes of this chap-
    34  ter; or
    35    (e) has solicited, or has employed another to solicit for  himself  or
    36  herself  or  for another, professional treatment, examination or care of
    37  an injured employee in connection with any claim under this chapter; or
    38    (f) has refused to appear before, to testify, to submit to  a  deposi-
    39  tion,  or  to  answer upon request of, the chair, board, medical appeals
    40  unit or any duly authorized officer of the state, any legal question, or
    41  to produce any relevant book or paper  concerning  his  or  her  conduct
    42  under any authorization granted to him or her under this chapter; or
    43    (g)  has directly or indirectly requested, received or participated in
    44  the division, transference, assignment, rebating, splitting or refunding
    45  of a fee for, or has directly or indirectly requested, received or prof-
    46  ited by means of a credit or other valuable consideration as  a  commis-
    47  sion,  discount or gratuity in connection with the furnishing of medical
    48  or surgical care,  an  independent  medical  examination,  diagnosis  or
    49  treatment  or service, including X-ray examination and treatment, or for
    50  or in connection with the sale, rental, supplying or furnishing of clin-
    51  ical laboratory services  or  supplies,  X-ray  laboratory  services  or
    52  supplies,  inhalation  therapy  service or equipment, ambulance service,
    53  hospital or medical supplies, physiotherapy or other therapeutic service
    54  or equipment, artificial limbs, teeth or eyes,  orthopedic  or  surgical
    55  appliances  or  supplies,  optical  appliances,  supplies  or equipment,
    56  devices for aid of hearing, drugs, medication or  medical  supplies,  or

        S. 1505--C                         22                         A. 2005--C
 
     1  any  other goods, services or supplies prescribed for medical diagnosis,
     2  care or treatment, under this chapter; except that  reasonable  payment,
     3  not  exceeding  the technical component fee permitted in the medical fee
     4  schedule, established under this chapter for X-ray examinations, diagno-
     5  sis  or treatment, may be made by a [physician] provider duly authorized
     6  as a roentgenologist to any hospital furnishing facilities and equipment
     7  for such examination, diagnosis or  treatment,  provided  such  hospital
     8  does  not  also submit a charge for the same services. Nothing contained
     9  in this paragraph shall prohibit such [physicians] providers  who  prac-
    10  tice  as  partners,  in  groups or as a professional corporation or as a
    11  university faculty practice corporation from  pooling  fees  and  moneys
    12  received, either by the partnership, professional corporation, universi-
    13  ty faculty practice corporation or group by the individual members ther-
    14  eof,  for professional services furnished by any individual professional
    15  member, or employee of such partnership, corporation or group, nor shall
    16  the professionals constituting the partnerships, corporations, or groups
    17  be prohibited from sharing, dividing or apportioning the fees and moneys
    18  received by them or by the partnership, corporation or group in  accord-
    19  ance with a partnership or other agreement.
    20    3.  Any person who violates or attempts to violate, and any person who
    21  aids another to violate or attempts to induce him or her to violate  the
    22  provisions  of paragraph (g) of subdivision two of this section shall be
    23  guilty of a misdemeanor.
    24    4. Nothing in this section shall  be  construed  as  limiting  in  any
    25  respect  the  power  or  duty  of  the  [chairman]  chair to investigate
    26  instances of misconduct, either  before  or  after  investigation  by  a
    27  medical  society  or board as herein provided, or to temporarily suspend
    28  the authorization of any [physician] provider that he or she may believe
    29  to be guilty of such misconduct.
    30    5. Whenever the department of health or the  department  of  education
    31  shall  conduct  an investigation with respect to charges of professional
    32  or other misconduct by a [physician] provider which results in a report,
    33  determination or consent order that includes a finding  of  professional
    34  or  other  misconduct  or incompetency by such [physician] provider, the
    35  chair shall have full power and authority to temporarily suspend, revoke
    36  or otherwise limit the authorization under this chapter of  any  [physi-
    37  cian]  provider  upon  such  finding  by the department of health or the
    38  department of education that the [physician] provider has been guilty of
    39  professional or other misconduct. The recommendations of the  department
    40  of  health or the department of education shall be advisory to the chair
    41  only and shall not be binding or conclusive upon the chair.
    42    § 3. Section 13-g of the workers' compensation law, as added by  chap-
    43  ter  258 of the laws of 1935, subdivision 1 as amended by chapter 674 of
    44  the laws of 1994, subdivisions 2 and 3 as amended by section 4  of  part
    45  GG  of  chapter  57  of  the  laws  of 2013, subdivision 4 as amended by
    46  section 3 of part D of chapter 55 of the laws of 2015, subdivision 5  as
    47  amended  by chapter 578 of the laws of 1959 and subdivision 6 as amended
    48  by chapter 639 of the laws of 1996, is amended to read as follows:
    49    § 13-g. Payment of bills for medical care.  (1) Within forty-five days
    50  after a bill for medical care or supplies delivered pursuant to  section
    51  thirteen  of  this  article  has  been  rendered to the employer [by the
    52  hospital, physician or self-employed physical or occupational  therapist
    53  who  has  rendered  treatment  pursuant  to  a referral from the injured
    54  employee's authorized physician or authorized podiatrist  for  treatment
    55  to  the injured employee], such employer must pay the bill or notify the
    56  [hospital, physician or self-employed physical or occupational therapist

        S. 1505--C                         23                         A. 2005--C

     1  in writing] medical care provider or supplier in the  format  prescribed
     2  by the chair that the bill is not being paid and explain the reasons for
     3  non-payment.  In  the  event  that the employer fails to make payment or
     4  notify  the  [hospital,  physician  or self-employed physical or occupa-
     5  tional therapist] medical care provider or supplier within  such  forty-
     6  five  day  period  that payment is not being made, the [hospital, physi-
     7  cian, self-employed physical  therapist  or  self-employed  occupational
     8  therapist] medical care provider or supplier may notify the board in the
     9  format  prescribed  by the chair [in writing] that the bill has not been
    10  paid and request that the board make an award for payment of such  bill.
    11  The  board  or  the  chair may make an award not in excess of the estab-
    12  lished fee schedules for any such bill or  part  thereof  which  remains
    13  unpaid  after  said forty-five day period or thirty days after all other
    14  questions duly and timely raised in accordance with  the  provisions  of
    15  this  chapter,  relating  to the employer's liability for the payment of
    16  such amount, shall have been finally determined adversely to the employ-
    17  er, whichever is later, in accordance  with  rules  promulgated  by  the
    18  chair,  and  such  award  may be collected in like manner as an award of
    19  compensation. The chair shall assess the sum of  fifty  dollars  against
    20  the  employer  for each such award made by the board, which sum shall be
    21  paid into the state treasury.
    22    In the event that the employer has provided an explanation in  writing
    23  why the bill has not been paid, in part or in full, within the aforesaid
    24  time  period,  and  the parties can not agree as to the value of medical
    25  aid rendered under this chapter, such value shall be  decided  by  arbi-
    26  tration  [if requested by the hospital, physician or self-employed phys-
    27  ical or occupational therapist, in accordance  with  the  provisions  of
    28  subdivision  two  or  subdivision three of this section, as appropriate,
    29  and] as set forth in rules and regulations promulgated by the chair.
    30    Where a [physician,  physical  or  occupational  therapist]  bill  for
    31  medical  care  or  supplies  has  been determined to be due and owing in
    32  accordance with the provisions of this section the board  shall  include
    33  in  the  amount  of the award interest of not more than one and one-half
    34  [per cent] percent (1 1/2%) per month payable to the  [physician,  phys-
    35  ical  or  occupational  therapist] medical care provider or supplier, in
    36  accordance with the rules and  regulations  promulgated  by  the  board.
    37  Interest shall be calculated from the forty-fifth day after the bill was
    38  rendered  or  from  the thirtieth day after all other questions duly and
    39  timely raised in accordance with the provisions of this chapter,  relat-
    40  ing  to  the  employer's liability for the payment of such amount, shall
    41  have been finally determined adversely to  the  employer,  whichever  is
    42  later, in accordance with rules promulgated by the chair.
    43    (2)  [(a)]  If  the  parties fail to agree to the value of medical aid
    44  rendered under this chapter [and the amount of the disputed bill is  one
    45  thousand  dollars or less, or if the amount of the disputed medical bill
    46  exceeds one thousand dollars and the health care provider  expressly  so
    47  requests],  such  value shall be decided by a single arbitrator process,
    48  pursuant to rules promulgated by the chair. The chair  shall  appoint  a
    49  physician who is a member in good standing of the medical society of the
    50  state  of New York to determine the value of such disputed medical bill.
    51  Where the physician whose charges are being arbitrated is  a  member  in
    52  good  standing  of  the  New York osteopathic society, the value of such
    53  disputed bill shall be determined by a member in good  standing  of  the
    54  New York osteopathic society appointed by the chair. Where the physician
    55  whose  charges  are being arbitrated is a member in good standing of the
    56  New York homeopathic society, the value of such disputed bill  shall  be

        S. 1505--C                         24                         A. 2005--C
 
     1  determined  by  a  member  in  good standing of the New York homeopathic
     2  society appointed by the chair. Where the  value  of  [physical  therapy
     3  services  or  occupational  therapy  services  is]  any other authorized
     4  provider's  services  are  at issue, such value shall be determined by a
     5  member in good standing of  [a]  one  or  more  recognized  professional
     6  [association] associations representing its respective profession in the
     7  state  of  New York appointed by the chair. Decisions rendered under the
     8  single arbitrator process shall be conclusive upon the parties as to the
     9  value of the services in dispute.
    10    [(b) If the parties fail to agree as  to  the  value  of  medical  aid
    11  rendered  under this chapter and the amount of the disputed bill exceeds
    12  one thousand dollars, such value shall  be  decided  by  an  arbitration
    13  committee  unless  the  health care provider expressly requests a single
    14  arbitrator process in accordance with paragraph (a) of this subdivision.
    15  The arbitration committee shall consist of one physician  designated  by
    16  the  president of the medical society of the county in which the medical
    17  services were rendered, one physician who is a  member  of  the  medical
    18  society  of the state of New York, appointed by the employer or carrier,
    19  and one physician, also a member of the medical society of the state  of
    20  New  York, appointed by the chair of the workers' compensation board. If
    21  the physician whose charges are being arbitrated is  a  member  in  good
    22  standing of the New York osteopathic society or the New York homeopathic
    23  society,  the  members of such arbitration committee shall be physicians
    24  of such organization, one to be  appointed  by  the  president  of  that
    25  organization,  one by the employer or carrier and the third by the chair
    26  of the workers' compensation board. Where the value of physical  therapy
    27  services  is  at  issue  and the amount of the disputed bill exceeds one
    28  thousand dollars, the arbitration committee shall consist of a member in
    29  good standing of  a  recognized  professional  association  representing
    30  physical  therapists in the state of New York appointed by the president
    31  of such organization, a physician designated by the employer or  carrier
    32  and  a  physician  designated  by the chair of the workers' compensation
    33  board provided however, that the chair finds that there are a sufficient
    34  number of physical therapy arbitrations in a geographical area comprised
    35  of one or more counties to warrant a  committee  so  comprised.  In  all
    36  other cases where the value of physical therapy services is at issue and
    37  the  amount of the disputed bill exceeds one thousand dollars, the arbi-
    38  tration committee shall be similarly selected and identical in  composi-
    39  tion,  provided  that  the physical therapist member shall serve without
    40  remuneration, and provided further that in the event a  physical  thera-
    41  pist  is not available, the committee shall be comprised of three physi-
    42  cians designated in the same manner as  in  cases  where  the  value  of
    43  medical aid is at issue.
    44    (c)  Where  the value of occupational therapy services is at issue the
    45  arbitration committee shall consist of a member in good  standing  of  a
    46  recognized professional association representing occupational therapists
    47  in  the  state  of New York appointed by the president of such organiza-
    48  tion; a physician designated by the employer or carrier and a  physician
    49  designated  by  the  chair  of the workers' compensation board provided,
    50  however, that the chair finds that there  are  a  sufficient  number  of
    51  occupational  therapy  arbitrations  in a geographical area comprised of
    52  one or more counties to warrant a committee so comprised.  In all  other
    53  cases  where  the value of occupational therapy services is at issue and
    54  the amount of the disputed bill exceeds one thousand dollars, the  arbi-
    55  tration  committee shall be similarly selected and identical in composi-
    56  tion, provided that the occupational therapist member shall serve  with-

        S. 1505--C                         25                         A. 2005--C

     1  out remuneration, and provided further that in the event an occupational
     2  therapist  is  not  available, the committee shall be comprised of three
     3  physicians designated in the same manner as in cases where the value  of
     4  medical  aid  is at issue. The majority decision of any such arbitration
     5  committee shall be conclusive upon the parties as to the  value  of  the
     6  services in dispute.
     7    (3) (a) If an employer shall have notified the hospital in writing, as
     8  provided  in  subdivision one of this section, why the bill has not been
     9  paid, in part or in full, and the amount of the  disputed  bill  is  one
    10  thousand  dollars  or  less, or where the amount of the disputed medical
    11  bill  exceeds  one  thousand  dollars  and  the  hospital  expressly  so
    12  requests,  such  value  shall be decided by a single arbitrator process,
    13  pursuant to rules promulgated by the chair. The chair  shall  appoint  a
    14  physician  in  good  standing  licensed to practice in New York state to
    15  determine the value of such disputed bill. Decisions rendered under  the
    16  administrative resolution procedure shall be conclusive upon the parties
    17  as to the value of the services in dispute.
    18    (b)  If  an  employer  shall have notified the hospital in writing, as
    19  provided in subdivision one of this section, why the bill has  not  been
    20  paid,  in  part  or in full, and the amount of the disputed bill exceeds
    21  one thousand dollars, the value of such bill shall be determined  by  an
    22  arbitration  committee  appointed  by  the chair for that purpose, which
    23  committee shall consider all of the charges of the hospital, unless  the
    24  hospital  expressly  requests  a  single  arbitrator process pursuant to
    25  paragraph (a) of this subdivision. The committee shall consist of  three
    26  physicians.  One  member  of the committee may be nominated by the chair
    27  upon recommendation of the president of the hospital association of  New
    28  York  state and one member may be nominated by the employer or insurance
    29  carrier. The majority decision of any such committee shall be conclusive
    30  upon the parties as to the value of the services rendered. The chair may
    31  make reasonable rules and regulations consistent with the provisions  of
    32  this section.
    33    (4)] (3) A provider or supplier initiating [an arbitration, including]
    34  a  single  arbitrator  process, pursuant to this section shall not pay a
    35  fee to cover the costs related to the conduct of such arbitration. [Each
    36  member of an arbitration committee for medical bills, and each member of
    37  an arbitration committee for hospital bills shall be entitled to receive
    38  and shall be paid a fee for each  day's  attendance  at  an  arbitration
    39  session in any one count in an amount fixed by the chair of the workers'
    40  compensation board.
    41    (5)]  (4)  In  claims  where the employer has failed to secure compen-
    42  sation to his employees as required by section fifty  of  this  chapter,
    43  the  board  may  make  an  award for the value of medical [and podiatry]
    44  services, supplies or treatment rendered to such employees,  in  accord-
    45  ance  with  the  schedules  of fees and charges prepared and established
    46  under the provisions of [section thirteen, subdivision  a,  and  section
    47  thirteen-k,  subdivision  two, of] this chapter[, and for the reasonable
    48  value of hospital care in accordance with the charges currently in force
    49  in  hospitals  in  the  same  community  for  cases  coming  within  the
    50  provisions of this chapter]. Such award shall be made to the [physician,
    51  podiatrist,  or  hospital]  medical  care  provider or supplier entitled
    52  thereto. A default in the payment of such award may be enforced  in  the
    53  manner  provided for the enforcement of compensation awards as set forth
    54  in section twenty-six of this [chapter] article.
    55    In all cases coming under this subdivision the payment  of  the  claim
    56  [of  the  physician,  podiatrist,  or hospital for medical, podiatry, or

        S. 1505--C                         26                         A. 2005--C

     1  surgical services or treatment] for medical care or  supplies  shall  be
     2  subordinate to that of the claimant or his or her beneficiaries.
     3    [(6)  Notwithstanding  any  inconsistent provision of law, arbitration
     4  regarding payments for  inpatient  hospital  services  for  any  patient
     5  discharged  on  or  after January first, nineteen hundred ninety-one and
     6  prior to December thirty-first, nineteen  hundred  ninety-six  shall  be
     7  resolved  in  accordance  with  paragraph  (d)  of  subdivision three of
     8  section twenty-eight hundred seven-c of the public health law.]
     9    § 4. Subdivisions 1 and 2  and  paragraph  (b)  of  subdivision  3  of
    10  section 13-k of the workers' compensation law, subdivision 1 as added by
    11  chapter  787  of the laws of 1952 and subdivision 2 and paragraph (b) of
    12  subdivision 3 as amended by chapter 473 of the laws of 2000, are amended
    13  to read as follows:
    14    1. When the term "chairman" is hereinafter used, it shall be deemed to
    15  mean the [chairman] chair of the [workmen's] workers' compensation board
    16  of the state of New York.
    17    2. An employee injured under  circumstances  which  make  such  injury
    18  compensable  under  this article, when care is required for an injury to
    19  the foot which injury or resultant condition therefrom may  lawfully  be
    20  treated by a duly registered and licensed podiatrist of the state of New
    21  York,  may  select  to treat him or her any podiatrist authorized by the
    22  chair to  render  [podiatry]  podiatric  medical  care,  as  hereinafter
    23  provided.  If the injury or condition is one which is without the limits
    24  prescribed by the education law for [podiatry]  podiatric  medical  care
    25  and  treatment,  or the injuries involved affect other parts of the body
    26  in addition to the foot, the said podiatrist must  so  advise  the  said
    27  injured  employee and instruct him or her to consult a physician of said
    28  employee's choice for appropriate care  and  treatment.  Such  physician
    29  shall  thenceforth  have  overall  supervision  of the treatment of said
    30  patient including the future treatment to be administered to the patient
    31  by the podiatrist. If for any reason during the period  when  [podiatry]
    32  podiatric medical treatment and care is required, the employee wishes to
    33  transfer  his or her treatment and care to another authorized podiatrist
    34  he or she may do so, in accordance with rules prescribed by  the  chair,
    35  provided  however  that the employer shall be liable for the proper fees
    36  of the original podiatrist for the care and treatment he  or  she  shall
    37  have  rendered. [A podiatrist licensed and registered to practice podia-
    38  try in the state of New York who is  desirous  of  being  authorized  to
    39  render  podiatry  care  under this section and/or to conduct independent
    40  medical examinations in accordance with  paragraph  (b)  of  subdivision
    41  three  of this section shall file an application for authorization under
    42  this section with the podiatry practice committee.  In such  application
    43  he or she shall agree to refrain from subsequently treating for remuner-
    44  ation,  as  a private patient, any person seeking podiatry treatment, or
    45  submitting to an independent medical examination, in connection with, or
    46  as a result of, any injury compensable under this chapter, if he or  she
    47  has  been  removed  from  the  list  of podiatrists authorized to render
    48  podiatry care or to conduct independent medical examinations under  this
    49  chapter,  or  if  the person seeking such treatment has been transferred
    50  from his or her care in accordance with the provisions of this  section.
    51  This agreement shall run to the benefit of the injured person so treated
    52  or  examined,  and  shall be available to him or her as a defense in any
    53  action by such podiatrist for payment for treatment rendered by a podia-
    54  trist after he or she has been removed  from  the  list  of  podiatrists
    55  authorized  to  render  podiatry  care or to conduct independent medical
    56  examinations under this section, or after the injured person was  trans-

        S. 1505--C                         27                         A. 2005--C

     1  ferred  from  his  or her care in accordance with the provisions of this
     2  section. The podiatry practice  committee  if  it  deems  such  licensed
     3  podiatrist  duly qualified shall recommend to the chair that such podia-
     4  trist  be authorized to render podiatry care and/or to conduct independ-
     5  ent medical examinations under this section. Such  recommendation  shall
     6  be  advisory  to  the  chair only and shall not be binding or conclusive
     7  upon him or her.] The chair shall prepare and establish a  schedule  for
     8  the  state,  or  schedules limited to defined localities, of charges and
     9  fees for [podiatry] podiatric medical treatment and care, to  be  deter-
    10  mined  in  accordance with and to be subject to change pursuant to rules
    11  promulgated by the chair. Before preparing such schedule for  the  state
    12  or  schedules for limited localities the chair shall request the [podia-
    13  try] podiatric medicine practice committee to submit to  him  or  her  a
    14  report on the amount of remuneration deemed by such committee to be fair
    15  and  adequate  for  the types of [podiatry] podiatric medical care to be
    16  rendered under this chapter, but consideration shall  be  given  to  the
    17  view  of  other interested parties.  The amounts payable by the employer
    18  for such treatment and services shall be the  fees  and  charges  estab-
    19  lished by such schedule.
    20    (b)  Upon  receipt of the notice provided for by paragraph (a) of this
    21  subdivision, the employer, the carrier and the claimant  each  shall  be
    22  entitled to have the claimant examined by a qualified podiatrist author-
    23  ized  by  the chair in accordance with [subdivision two of this] section
    24  thirteen-b and section one hundred thirty-seven of this  chapter,  at  a
    25  medical  facility  convenient to the claimant and in the presence of the
    26  claimant's podiatrist, and refusal by the claimant  to  submit  to  such
    27  independent  medical examination at such time or times as may reasonably
    28  be necessary in the opinion of the board shall  bar  the  claimant  from
    29  recovering  compensation  for  any  period  during  which  he or she has
    30  refused to submit to such examination.
    31    § 5. Subdivisions 1 and 2  and  paragraph  (b)  of  subdivision  3  of
    32  section 13-l of the workers' compensation law, subdivision 1 as added by
    33  chapter  940  of the laws of 1973 and subdivision 2 and paragraph (b) of
    34  subdivision 3 as amended by chapter 473 of the laws of 2000, are amended
    35  to read as follows:
    36    1. Where the term "chairman" is hereinafter used, it shall  be  deemed
    37  to  mean  the  [chairman] chair of the [workmen's] workers' compensation
    38  board of the state of New York.
    39    2. An employee injured under  circumstances  which  make  such  injury
    40  compensable  under  this  article,  when  care is required for an injury
    41  which consists solely of a condition which may lawfully be treated by  a
    42  chiropractor  as  defined in section sixty-five hundred fifty-one of the
    43  education law may select to treat him or her, any  duly  registered  and
    44  licensed  chiropractor of the state of New York, authorized by the chair
    45  to render chiropractic care as hereinafter provided. If  the  injury  or
    46  condition is one which is outside the limits prescribed by the education
    47  law  for  chiropractic care and treatment, the said chiropractor must so
    48  advise the said injured employee and instruct him or her  to  consult  a
    49  physician  of said employee's choice for appropriate care and treatment.
    50  Such physician shall thenceforth have supervision of  the  treatment  of
    51  said  condition including the future treatment to be administered to the
    52  patient by the chiropractor. [A chiropractor licensed and registered  to
    53  practice chiropractic in the state of New York, who is desirous of being
    54  authorized  to  render  chiropractic  care  under this section and/or to
    55  conduct independent medical examinations in  accordance  with  paragraph
    56  (b)  of  subdivision three of this section shall file an application for

        S. 1505--C                         28                         A. 2005--C

     1  authorization under this section with the chiropractic practice  commit-
     2  tee.  In  such  application he or she shall agree to refrain from subse-
     3  quently treating for remuneration, as  a  private  patient,  any  person
     4  seeking  chiropractic treatment, or submitting to an independent medical
     5  examination, in connection with, or as a result of, any injury compensa-
     6  ble under this chapter, if he or she has been removed from the  list  of
     7  chiropractors authorized to render chiropractic care or to conduct inde-
     8  pendent  medical examinations under this chapter, or if the person seek-
     9  ing such treatment has been transferred from his or her care in  accord-
    10  ance  with  the  provisions of this section. This agreement shall run to
    11  the benefit of the injured person so treated, or examined, and shall  be
    12  available  to him or her as a defense in any action by such chiropractor
    13  for payment rendered by a chiropractor after he or she has been  removed
    14  from the list of chiropractors authorized to render chiropractic care or
    15  to conduct independent medical examinations under this section, or after
    16  the  injured  person  was transferred from his or her care in accordance
    17  with the provisions of this section. The chiropractic practice committee
    18  if it deems such licensed chiropractor duly qualified shall recommend to
    19  the chair that such be authorized to render chiropractic care and/or  to
    20  conduct independent medical examinations under this section. Such recom-
    21  mendations  shall be advisory to the chair only and shall not be binding
    22  or conclusive upon him or her.] The chair shall prepare and establish  a
    23  schedule  for  the  state, or schedules limited to defined localities of
    24  charges and fees for chiropractic treatment and care, to  be  determined
    25  in accordance with and to be subject to change pursuant to rules promul-
    26  gated  by  the  chair.   Before preparing such schedule for the state or
    27  schedules for limited localities the chair shall request the  chiroprac-
    28  tic practice committee to submit to him or her a report on the amount of
    29  remuneration  deemed  by  such committee to be fair and adequate for the
    30  types of chiropractic care  to  be  rendered  under  this  chapter,  but
    31  consideration  shall  be  given to the view of other interested parties,
    32  the amounts payable by the employer  for  such  treatment  and  services
    33  shall be the fees and charges established by such schedule.
    34    (b)  Upon  receipt of the notice provided for by paragraph (a) of this
    35  subdivision, the employer, the carrier, and the claimant each  shall  be
    36  entitled  to  have  the  claimant  examined  by a qualified chiropractor
    37  authorized by the chair in accordance with  [subdivision  two  of  this]
    38  section  thirteen-b and section one hundred thirty-seven of this chapter
    39  at a medical facility convenient to the claimant and in the presence  of
    40  the  claimant's  chiropractor,  and refusal by the claimant to submit to
    41  such independent medical examination  at  such  time  or  times  as  may
    42  reasonably be necessary in the opinion of the board shall bar the claim-
    43  ant  from recovering compensation, for any period during which he or she
    44  has refused to submit to such examination.
    45    § 6. Subdivisions 1, 2 and 3 and paragraph (b)  of  subdivision  4  of
    46  section  13-m  of the workers' compensation law, subdivisions 1 and 2 as
    47  added by chapter 589 of the laws of 1989 and subdivision 3 and paragraph
    48  (b) of subdivision 4 as amended by chapter 473 of the laws of 2000,  are
    49  amended to read as follows:
    50    1.  Where  the term "chairman" is hereinafter used, it shall be deemed
    51  to mean the [chairman] chair of the workers' compensation board  of  the
    52  state of New York.
    53    2.  (a)  An  injured  employee, injured under circumstances which make
    54  such injury compensable under this article, may  lawfully  be  treated[,
    55  upon  the  referral of an authorized physician,] by a psychologist, duly
    56  registered and licensed by the state of  New  York,  authorized  by  the

        S. 1505--C                         29                         A. 2005--C
 
     1  [chairman] chair to render psychological care pursuant to [this] section
     2  thirteen-b  of  this article. Such services shall be within the scope of
     3  such psychologist's specialized training and qualifications  as  defined
     4  in article one hundred fifty-three of the education law.
     5    (b)  Medical  bureaus,  medical  centers jointly operated by labor and
     6  management representatives, hospitals and health  maintenance  organiza-
     7  tions, authorized to provide medical care pursuant to section thirteen-c
     8  of  this  [chapter]  article,  may  provide  psychological services when
     9  required[, upon the referral of an authorized physician,  provided  such
    10  care  is rendered by a duly registered, licensed and authorized psychol-
    11  ogist, as required by this section].
    12    (c) A psychologist rendering service pursuant to  this  section  shall
    13  maintain records of the patient's psychological condition and treatment,
    14  and  such  records or reports shall be submitted to the [chairman] chair
    15  on such forms and at such times as the [chairman] chair may require.
    16    3. [A psychologist, licensed and registered to practice psychology  in
    17  the  state  of  New  York, who is desirous of being authorized to render
    18  psychological care under this  section  and/or  to  conduct  independent
    19  medical  examinations  in  accordance  with paragraph (b) of subdivision
    20  four of this section shall file an application for  authorization  under
    21  this section with the psychology practice committee. The applicant shall
    22  agree  to  refrain  from  subsequently  treating  for remuneration, as a
    23  private patient, any person seeking psychological treatment, or  submit-
    24  ting  to an independent medical examination, in connection with, or as a
    25  result of, any injury compensable under this chapter, if he or  she  has
    26  been removed from the list of psychologists authorized to render psycho-
    27  logical care under this chapter. This agreement shall run to the benefit
    28  of the injured person so treated, and shall be available as a defense in
    29  any  action  by  such psychologist for payment for treatment rendered by
    30  such psychologist after being removed from  the  list  of  psychologists
    31  authorized  to  render  psychological  care  or  to  conduct independent
    32  medical examinations under this section. The psychology practice commit-
    33  tee if it deems such licensed psychologist duly qualified  shall  recom-
    34  mend to the chair that such person be authorized to render psychological
    35  care  and/or  to  conduct  independent  medical  examinations under this
    36  section. Such recommendations shall be only advisory to  the  chair  and
    37  shall  not be binding or conclusive.] The chair shall prepare and estab-
    38  lish a schedule for the state or schedules limited to defined localities
    39  of charges and fees for psychological treatment and care, to  be  deter-
    40  mined  in  accordance  with  and  be subject to change pursuant to rules
    41  promulgated by the chair. Before preparing such schedule for  the  state
    42  or schedules for limited localities the chair shall request the psychol-
    43  ogy practice committee to submit to such chair a report on the amount of
    44  remuneration  deemed  by  such committee to be fair and adequate for the
    45  types of psychological care to  be  rendered  under  this  chapter,  but
    46  consideration  shall  be  given to the view of other interested parties.
    47  The amounts payable by the employer  for  such  treatment  and  services
    48  shall be the fees and charges established by such schedule.
    49    (b)  Upon  receipt of the notice provided for by paragraph (a) of this
    50  subdivision, the employer, the carrier, and the claimant each  shall  be
    51  entitled  to  have  the  claimant  examined by a qualified psychologist,
    52  authorized by the chair in accordance with [subdivision three  of  this]
    53  section thirteen-b and section one hundred thirty-seven of this chapter,
    54  at  a medical facility convenient to the claimant and in the presence of
    55  the claimant's psychologist, and refusal by the claimant  to  submit  to
    56  such  independent  medical  examination  at  such  time  or times as may

        S. 1505--C                         30                         A. 2005--C
 
     1  reasonably be necessary in the opinion of the board shall bar the claim-
     2  ant from recovering compensation, for any period during which he or  she
     3  has refused to submit to such examination.
     4    §  7.  Section  54-b  of  the workers' compensation law, as amended by
     5  chapter 6 of the laws of 2007, is amended to read as follows:
     6    § 54-b. Enforcement on failure to pay award or judgment.  In  case  of
     7  default  by  a  carrier  or  self-insured employer in the payment of any
     8  compensation due under an award for the  period  of  thirty  days  after
     9  payment  is  due  and payable, or in the case of failure by a carrier or
    10  self-insured employer to make full payment of an award for medical  care
    11  or  supplies  issued by the board or the chair pursuant to section thir-
    12  teen-g of this chapter, the chair in any such case  or  on  the  chair's
    13  consent  any  party  to  an award may file with the county clerk for the
    14  county in which the injury occurred or the county in which  the  carrier
    15  or self-insured employer has his or her principal place of business, (1)
    16  a  certified  copy of the decision of the board awarding compensation or
    17  ending, diminishing or increasing compensation previously awarded,  from
    18  which  no  appeal has been taken within the time allowed therefor, or if
    19  an appeal has been taken by a carrier or self-insured employer  who  has
    20  not complied with the provisions of section fifty of this article, where
    21  he  or  she  fails  to deposit with the chair the amount of the award as
    22  security for its payment within ten days after the same is due and paya-
    23  ble, or (2) a certified copy of the award for medical care  or  supplies
    24  issued  pursuant  to  section  thirteen-g of this chapter, and thereupon
    25  judgment must be entered in the supreme court by the clerk of such coun-
    26  ty in conformity therewith immediately upon such filing. If the  payment
    27  in default be an installment, the board may declare the entire award due
    28  and  judgment  may  be entered in accordance with the provisions of this
    29  section. Such judgment shall be entered in the  same  manner,  have  the
    30  same effect and be subject to the same proceedings as though rendered in
    31  a  suit  duly  heard and determined by the supreme court, except that no
    32  appeal may be taken therefrom. The court shall  vacate  or  modify  such
    33  judgment  to  conform  to  any later award or decision of the board upon
    34  presentation of a certified copy of such award or  decision.  The  award
    35  may be so compromised by the board as in the discretion of the board may
    36  best  serve  the interest of the persons entitled to receive the compen-
    37  sation or benefits. Where an award has been made against  a  carrier  or
    38  self-insured  employer  in accordance with the provisions of subdivision
    39  nine of section fifteen, or of section twenty-five-a  of  this  chapter,
    40  such  an award may be similarly compromised by the board, upon notice to
    41  a representative of the fund to which the award is payable, but if there
    42  be no representative of any such fund, notice shall  be  given  to  such
    43  representative  as  may  be  designated  by  the chair of the board; and
    44  notwithstanding any other provision of law,  such  compromise  shall  be
    45  effective  without  the  necessity  of  any  approval by the state comp-
    46  troller. Neither the chair nor any party in interest shall  be  required
    47  to  pay  any fee to any public officer for filing or recording any paper
    48  or instrument or for issuing a transcript of any  judgment  executed  in
    49  pursuance of this section. The carrier or self-insured employer shall be
    50  liable  for all costs and attorneys fees necessary to enforce the award.
    51  For the purposes of this section, the term "carrier" shall  include  the
    52  state  insurance  fund  and any stock corporation, mutual corporation or
    53  reciprocal insurer authorized  to  transact  the  business  of  workers'
    54  compensation insurance in this state.
    55    § 8. Subdivisions 5 and 6 of section 13-a of the workers' compensation
    56  law,  subdivision  5  as amended by chapter 6 of the laws of 2007 and as

        S. 1505--C                         31                         A. 2005--C
 
     1  further amended by section 104 of part A of chapter 62 of  the  laws  of
     2  2011  and  subdivision  6 as amended by chapter 635 of the laws of 1996,
     3  are amended to read as follows:
     4    (5)  No  claim  for  specialist  consultations,  surgical  operations,
     5  physiotherapeutic or occupational therapy procedures, x-ray examinations
     6  or special diagnostic laboratory tests costing more  than  one  thousand
     7  dollars shall be valid and enforceable, as against such employer, unless
     8  such  special  services shall have been authorized by the employer or by
     9  the board, or unless such authorization has been unreasonably  withheld,
    10  or  withheld for a period of more than thirty calendar days from receipt
    11  of a request for authorization, or  unless  such  special  services  are
    12  required in an emergency, provided, however, that the basis for a denial
    13  of  such  authorization  by  the employer must be based on a conflicting
    14  second opinion rendered by a physician  authorized  by  the  board.  The
    15  board,  with  the  approval of the superintendent of financial services,
    16  shall issue and maintain a list of pre-authorized procedures under  this
    17  section.    Such  list  of pre-authorized procedures shall be issued and
    18  maintained for the purpose of expediting authorization of  treatment  of
    19  injured  workers.  Such  list  of  pre-authorized  procedures  shall not
    20  prohibit varied treatment when the treating  provider  demonstrates  the
    21  appropriateness and medical necessity of such treatment.
    22    (6)  (a)  Any  interference  by  any  person  with the selection by an
    23  injured employee of an authorized physician to treat  him,  except  when
    24  the selection is made pursuant to article ten-A of this chapter, and the
    25  improper  influencing  or  attempt by any person improperly to influence
    26  the medical opinion of any physician who  has  treated  or  examined  an
    27  injured  employee,  shall  be  a misdemeanor; provided, however, that it
    28  shall not constitute interference or improper influence if, in the pres-
    29  ence of such injured employee's physician, an employer, his  carrier  or
    30  agent  should recommend or provide information concerning rehabilitation
    31  services or the availability thereof to an injured employee or his fami-
    32  ly.
    33    (b) Except as otherwise permitted by law,  an  employer,  carrier,  or
    34  third-party  administrator  shall  not interfere or attempt to interfere
    35  with the selection by an  injured  employee  of,  or  treatment  by,  an
    36  authorized  medical  provider,  including  by directing or attempting to
    37  direct that the injured employee seek treatment from a specific provider
    38  or type of provider selected by the employer,  carrier,  or  third-party
    39  administrator.  It shall not constitute improper interference under this
    40  paragraph if the direction or attempt to direct the injured employee  to
    41  receive  treatment  from  a specific provider or type of provider origi-
    42  nates from the authorized  medical  provider  while  in  the  course  of
    43  providing treatment to the injured employee.
    44    (i)  Notwithstanding  any  other  provision in this chapter, the chair
    45  shall by regulation establish  a  performance  standard  concerning  the
    46  subject of any penalty imposed under this paragraph against an employer,
    47  carrier  or  third-party  administrator. The performance standard estab-
    48  lished by the chair shall be used to measure compliance with this  para-
    49  graph  by  employers, carriers and third-party administrators. The chair
    50  shall apply the performance standard based on multiple factors,  includ-
    51  ing  but  not limited to, findings of improper interference submitted as
    52  complaints to the board's monitoring unit,  unreasonable  objections  to
    53  medical  care,  unwarranted  objections  to  variances,  medical billing
    54  disputes, case delays brought about by employers,  carriers  and  third-
    55  party administrators, and the unreasonable denial of medical care.

        S. 1505--C                         32                         A. 2005--C
 
     1    (ii)  Upon  validating  an  allegation  that  the employer, carrier or
     2  third-party administrator has failed to meet the promulgated performance
     3  standard, a penalty shall be assessed by the board upon  notice  to  the
     4  employer,  carrier  or third-party administrator. The board shall impose
     5  such  penalty against the carrier, employer or third-party administrator
     6  in the amount of fifty dollars per violation identified in  subparagraph
     7  (i)  of  this  paragraph.  The  penalties  for  violations identified in
     8  subparagraph (i) of this paragraph, may  be  aggregated  into  a  single
     9  penalty upon a finding that an employer, carrier or third-party adminis-
    10  trator  has  interfered  with  an  injured  employee's necessary medical
    11  treatment and care. Such aggregate penalty or assessment shall be  based
    12  upon  the  number  of  violations  as  multiplied against the applicable
    13  penalty or assessment, but may be negotiated by the chair's designee  in
    14  full satisfaction of the penalty or assessment. Any aggregate penalty or
    15  assessment issued under this paragraph shall be issued administratively,
    16  and  the  chair  shall,  by  regulation, specify the method of review or
    17  redetermination, and the presentment of evidence  and  objections  shall
    18  occur  solely  upon  the documentation. Any final determination shall be
    19  subject to review under section twenty-three of this article but  penal-
    20  ties may not be subject to a stay. A final determination that an employ-
    21  er,  carrier  or  third-party  administrator has engaged in a pattern of
    22  interference with an injured  worker's  access  to  medically  necessary
    23  medical  care shall result in the imposition of an aggregate penalty and
    24  publication of notice of such finding on the board's web page.
    25    § 9. This act shall take effect January 1, 2020.
 
    26                                   PART DD
 
    27    Section 1. Section 14 of part J of chapter 62  of  the  laws  of  2003
    28  amending  the  county  law and other laws relating to fees collected, as
    29  amended by section 7 of part K of chapter 56 of the  laws  of  2010,  is
    30  amended to read as follows:
    31    §  14.  Notwithstanding  the  provisions of any other law: (a) the fee
    32  collected by the office of court administration  for  the  provision  of
    33  criminal  history  searches  and  other searches for data kept electron-
    34  ically by the unified court system  shall  be  [sixty-five]  ninety-five
    35  dollars; (b) [thirty-five] sixty-five dollars of each such fee collected
    36  shall  be  deposited  in the indigent legal services fund established by
    37  section 98-b of the state finance law, as added  by  section  twelve  of
    38  this act, (c) nine dollars of each such fee collected shall be deposited
    39  in the legal services assistance fund established by section 98-c of the
    40  state finance law, as added by section nineteen of this act, (d) sixteen
    41  dollars  of  each such fee collected shall be deposited to the judiciary
    42  data processing offset fund established by section  94-b  of  the  state
    43  finance  law,  and  (e)  the remainder shall be deposited in the general
    44  fund.
    45    § 2. This act shall take effect immediately.
 
    46                                   PART EE
 
    47                            Intentionally Omitted
 
    48                                   PART FF
 
    49    Section 1. Subject to the provisions of this act, the  town  of  Hast-
    50  ings,  county  of  Oswego,  acting by and through its governing body and

        S. 1505--C                         33                         A. 2005--C
 
     1  upon such terms and conditions as determined by  such  body,  is  hereby
     2  authorized  to  discontinue  as  parklands  and  to  alienate  the lands
     3  described in section three of this act, to  the  New  York  Division  of
     4  State Police for the construction of a Division of State Police station.
     5    § 2. The authorization contained in section one of this act shall take
     6  effect  only upon the condition that the town of Hastings shall dedicate
     7  an amount equal to or greater than the fair market value  of  the  park-
     8  lands being discontinued towards the acquisition of new parklands and/or
     9  capital improvements to existing park and recreational facilities.
    10    §  3. The parklands authorized by section one of this act to be alien-
    11  ated as parkland are described as follows: All that tract or  parcel  of
    12  land  situate in the Town of Hastings, County of Oswego and State of New
    13  York, being part of Lot No. 28 and being part of Lot No. 29 in  Township
    14  No.  13 of Scriba's Patent, and being part of the lands conveyed from F.
    15  Don Sweet to the Town of Hastings by  deed  dated  April  16,  1969  and
    16  recorded  at  the Oswego County Clerk's Office on April 16, 1969 in Book
    17  of Deeds 712 at Page  116  and  being  more  particularly  described  as
    18  follows:
    19    Beginning at the southwesterly corner of lands of the Town of Hastings
    20  (712/116),  being  a  point  on the southerly bounds of Lot No. 28, also
    21  being the centerline of Wilson Road per deed (712/116), said point being
    22  easterly a distance of 645 feet, more or less, from the nominal  center-
    23  line intersection of Wilson Road and U.S. Route No. 11;
    24    Thence running N. 28° 53' 09" E. along the easterly bounds of The Town
    25  of  Hastings  (712/141)  a distance of 435.60 feet to a point; thence S.
    26  61° 57' 15" E. a distance of 300.00 feet to a point; thence S.  28°  53'
    27  09"  W. a distance of 435.60 feet to the southerly bounds of Lot No. 29;
    28  thence N. 61° 57' 15" W. a distance of 300.00  feet  to  the  point  and
    29  place of beginning containing 3.0 acres of land, more or less.
    30    Subject  to  any  and all easements and restrictions of record and the
    31  highway rights of the public and the Town of  Hastings  in  and  to  the
    32  portion  of  Wilson  Road lying within the bounds of the above described
    33  parcel.
    34    § 4.  In the event that the Town  of  Hastings  received  any  funding
    35  support  or  assistance  from  the  federal government for the purchase,
    36  maintenance or improvement of the parklands set forth in  section  three
    37  of  this act, the discontinuance and alienation of such parkland author-
    38  ized by the provisions of this act shall not occur  until  the  Town  of
    39  Hastings  has  complied  with any federal requirements pertaining to the
    40  alienation or conversion of parklands, including satisfying  the  secre-
    41  tary of the interior that the alienation or conversion complies with all
    42  conditions which the secretary of the interior deems necessary to assure
    43  the substitution of other lands shall be equivalent in fair market value
    44  and usefulness to the lands being alienated or converted.
    45    § 5. This act shall take effect immediately.
 
    46                                   PART GG
 
    47    Section  1.  Subdivisions 3 and 5 of section 97-g of the state finance
    48  law, subdivision 3 as amended by section 62 of part HH of chapter 57  of
    49  the  laws of 2013 and subdivision 5 as amended by section 1 of subpart A
    50  of part C of chapter 97 of the laws of 2011,  are  amended  to  read  as
    51  follows:
    52    3. Moneys of the fund shall be available to the commissioner of gener-
    53  al  services  for the purchase of food, supplies and equipment for state
    54  agencies, and for the purpose of  furnishing  or  providing  centralized

        S. 1505--C                         34                         A. 2005--C
 
     1  services  to  or  for  state agencies; provided further that such moneys
     2  shall be available to the commissioner of general services for  purposes
     3  pursuant  to items (d) and (f) of subdivision four of this section to or
     4  for  political  subdivisions,  public  authorities,  and  public benefit
     5  corporations. Beginning the first day of April, two thousand two, moneys
     6  in such fund shall also be transferred by the state comptroller  to  the
     7  revenue  bond  tax  fund  account  of  the  general debt service fund in
     8  amounts equal to those required for payments to authorized  issuers  for
     9  revenue  bonds  issued  pursuant to article five-C and article five-F of
    10  this  chapter  for  the  purpose  of  lease  purchases  and  installment
    11  purchases by or for state agencies and institutions for personal or real
    12  property purposes.
    13    5.  The  amount  expended from such fund for the above-stated purposes
    14  shall be charged  against  the  agency  [or],  political  [subdivisions]
    15  subdivision,  public  authority  or  public  benefit  corporation  above
    16  receiving such food, supplies, equipment and services and  all  payments
    17  received therefor shall be credited to such fund.
    18    §  2. Section 3 of chapter 410 of the laws of 2009, amending the state
    19  finance law relating to authorizing the aggregate  purchases  of  energy
    20  for  state agencies, institutions, local governments, public authorities
    21  and public benefit corporations, as amended by section 1 of  part  G  of
    22  chapter 55 of the laws of 2014, is amended to read as follows:
    23    §  3.  This  act shall take effect immediately and shall expire and be
    24  deemed repealed July 31, [2019] 2029.
    25    § 3. Section 9 of subpart A of part C of chapter 97  of  the  laws  of
    26  2011,  amending the state finance law and other laws relating to provid-
    27  ing certain centralized service to political subdivisions and  extending
    28  the  authority  of  the  commissioner  of  general services to aggregate
    29  purchases of energy for state agencies and  political  subdivisions,  as
    30  amended  by  section  2  of part G of chapter 55 of the laws of 2014, is
    31  amended to read as follows:
    32    § 9. This act shall take effect immediately, provided, however that:
    33    1. sections [one,] four, five, six and seven of this act shall  expire
    34  and be deemed repealed July 31, [2019] 2024;
    35    2.  the  amendments  to  subdivision  4  of  section 97-g of the state
    36  finance law made by section two of this act shall survive the expiration
    37  and reversion of such subdivision as provided in section  3  of  chapter
    38  410 of the laws of 2009, as amended;
    39    3.  sections  four, five, six and seven of this act shall apply to any
    40  contract let or awarded on or after such effective date;
    41    4. section one of this act shall expire and be  deemed  repealed  July
    42  31, 2029.
    43    § 4.  The office of general services shall submit to the governor, the
    44  temporary  president  of  the  senate  and the speaker of the assembly a
    45  report on the office's aggregate  electric  procurement  program  on  or
    46  before January 1, 2029. The report shall include, but not be limited to,
    47  agencies participating in the program, the addresses of those facilities
    48  receiving  the  electricity  and each facility's electric usage and cost
    49  saving for each month of participation in the program as compared to the
    50  electricity cost if purchased from the facility's local utility.
    51    § 5.  This act shall take effect immediately.
 
    52                                   PART HH

        S. 1505--C                         35                         A. 2005--C
 
     1    Section 1. Subdivision 2 of section 9 of the public buildings law,  as
     2  amended  by  section  2  of part M of chapter 55 of the laws of 2015, is
     3  amended to read as follows:
     4    2.  Notwithstanding  any other provision of this law or any general or
     5  special law, where there is a  construction  emergency,  as  defined  by
     6  subdivision  one  of  this section, the commissioner of general services
     7  may, upon written notice of such construction emergency from an  author-
     8  ized  officer  of  the  department  or agency having jurisdiction of the
     9  property, let emergency contracts for public work  or  the  purchase  of
    10  supplies,  materials  or equipment without complying with formal compet-
    11  itive bidding requirements, provided that all such  contracts  shall  be
    12  subject  to the approval of the attorney general and the comptroller and
    13  that no such contract shall exceed [six] one million five hundred  thou-
    14  sand  dollars.    Such  emergency  contracts  shall be let only for work
    15  necessary to remedy or ameliorate a construction emergency.
    16    § 2. Section 3 of chapter 674 of the laws of 1993, amending the public
    17  buildings law relating to value limitations on contracts, as amended  by
    18  section  1  of  part  L of chapter 55 of the laws of 2017, is amended to
    19  read as follows:
    20    § 3. This act shall take effect immediately and shall remain  in  full
    21  force and effect only until June 30, [2019] 2022.
    22    § 3. This act shall take effect immediately.
 
    23                                   PART II
 
    24    Section  1.  This Part enacts into law major components of legislation
    25  that remove unnecessary barriers to  reentry  of  people  with  criminal
    26  histories  into  society.  This Part removes mandatory bars on licensing
    27  and employment for people with criminal convictions  in  the  categories
    28  enumerated therein and replace them with individualized review processes
    29  using  the  factors set out in article 23-A of the correction law.  This
    30  Part removes mandatory drivers license suspension for  non-driving  drug
    31  offenses. This Part prohibits disclosure of mugshots and arrest informa-
    32  tion  by amending the freedom of information law.  This Part also amends
    33  provisions of law to enact into law major components of  legislation  to
    34  prevent  the use in a civil context, of past arrest information that did
    35  not result in a conviction because no disposition has been reported,  or
    36  the  case  has  been adjourned in contemplation of dismissal, or because
    37  arrest and arraignment charges were  not  followed  by  a  corresponding
    38  conviction on those charges.  This information would still be able to be
    39  seen  and used by law enforcement and in criminal proceedings.  Finally,
    40  this Part establishes compassionate parole for incarcerated  individuals
    41  over the age of 55 who have incapacitating medical conditions exacerbat-
    42  ed by age.  Each component is wholly contained with a Subpart identified
    43  as Subparts A through P. Any provision in any section contained within a
    44  Subpart, including the effective date of the Subpart, which makes refer-
    45  ence  to  a  section  "of  this  act", when used in connection with that
    46  particular component, shall be deemed to mean and refer  to  the  corre-
    47  sponding  section  of the Subpart in which it is found. Section three of
    48  this Part sets forth the general effective date of this Part.
 
    49                                  SUBPART A
 
    50    Section 1. Subdivision 6 of section 369 of the banking law, as amended
    51  by chapter 164 of the laws of 2003, paragraph (b) as amended by  section

        S. 1505--C                         36                         A. 2005--C
 
     1  6  of  part  LL of chapter 56 of the laws of 2010, is amended to read as
     2  follows:
     3    6.  The  superintendent may, consistent with article twenty-three-A of
     4  the correction law, refuse to issue a license pursuant to  this  article
     5  if  he  shall  find that the applicant, or any person who is a director,
     6  officer, partner, agent, employee  or  substantial  stockholder  of  the
     7  applicant,  (a) has been convicted of a crime in any jurisdiction or (b)
     8  is associating or consorting with any person who  has,  or  persons  who
     9  have,  been convicted of a crime or crimes in any jurisdiction or juris-
    10  dictions[; provided, however, that the superintendent  shall  not  issue
    11  such a license if he shall find that the applicant, or any person who is
    12  a director, officer, partner, agent, employee or substantial stockholder
    13  of  the applicant, has been convicted of a felony in any jurisdiction or
    14  of a crime which, if committed within this  state,  would  constitute  a
    15  felony  under  the  laws  thereof].  For the purposes of this article, a
    16  person shall be deemed to have been convicted of a crime if such  person
    17  shall  have  pleaded guilty to a charge thereof before a court or magis-
    18  trate, or shall have been found guilty thereof by the decision or  judg-
    19  ment  of a court or magistrate or by the verdict of a jury, irrespective
    20  of the pronouncement of sentence or the suspension thereof[, unless such
    21  plea of guilty, or such decision, judgment or verdict, shall  have  been
    22  set aside, reversed or otherwise abrogated by lawful judicial process or
    23  unless  the  person  convicted of the crime shall have received a pardon
    24  therefor from the president of the United  States  or  the  governor  or
    25  other  pardoning  authority in the jurisdiction where the conviction was
    26  had, or shall have received a certificate of relief from disabilities or
    27  a certificate of good conduct pursuant to article  twenty-three  of  the
    28  correction  law  to  remove the disability under this article because of
    29  such conviction]. The term "substantial stockholder," as  used  in  this
    30  subdivision,  shall be deemed to refer to a person owning or controlling
    31  ten per centum or more of the total outstanding stock of the corporation
    32  in which such person is a stockholder. In making a determination  pursu-
    33  ant to this subdivision, the superintendent shall require fingerprinting
    34  of  the  applicant. Such fingerprints shall be submitted to the division
    35  of criminal justice services for a state criminal history record  check,
    36  as  defined  in subdivision one of section three thousand thirty-five of
    37  the education law, and may be submitted to the federal bureau of  inves-
    38  tigation for a national criminal history record check.
    39    § 2. This act shall take effect immediately.
 
    40                                  SUBPART B
 
    41    Section  1.  Paragraph  (f)  of subdivision 7 of section 2590-b of the
    42  education law, as added by chapter 345 of the laws of 2009,  is  amended
    43  to read as follows:
    44    (f)  A person [who has been convicted of a felony, or has been removed
    45  from a city-wide council established pursuant to this section or  commu-
    46  nity  district  education council for any of the following shall] may be
    47  permanently ineligible for appointment to a city-wide council for any of
    48  the following:
    49    (i) an act of malfeasance directly related to his or  her  service  on
    50  such city-wide council or community district education council; or
    51    (ii)  conviction of a crime, [if such crime is directly related to his
    52  or her service upon such city-wide council or community district  educa-
    53  tion  council]  provided that any such conviction shall be considered in
    54  accordance with article twenty-three-A of the correction law.

        S. 1505--C                         37                         A. 2005--C
 
     1    § 2. Subdivision 5 of section 2590-c of the education law, as  amended
     2  by chapter 345 of the laws of 2009, is amended to read as follows:
     3    5.  No  person  may serve on more than one community council or on the
     4  city-wide council on special education, the city-wide council on English
     5  language learners, or the city-wide council on high schools and a commu-
     6  nity council. A member of a community council shall be ineligible to  be
     7  employed  by  the  community council of which he or she is a member, any
     8  other community council, the city-wide council on special education, the
     9  city-wide council on English language learners, the city-wide council on
    10  high schools, or the city board. No person shall be eligible for member-
    11  ship on a community council if he  or  she  holds  any  elective  public
    12  office  or any elective or appointed party position except that of dele-
    13  gate or alternate delegate to a national, state, judicial or other party
    14  convention, or member of a county committee.
    15    A person [who has been convicted of a felony, or has been removed from
    16  a community school board, community district education council,  or  the
    17  city-wide council on special education, the city-wide council on English
    18  language  learners,  or the city-wide council on high schools for any of
    19  the following shall] may be permanently ineligible  for  appointment  to
    20  any  community district education council for any of the following:  (a)
    21  an act of malfeasance directly related to his  or  her  service  on  the
    22  city-wide council on special education, the city-wide council on English
    23  language  learners,  the  city-wide  council  on high schools, community
    24  school board or community district education council; or (b)  conviction
    25  of  a  crime,  [if  such crime is directly related to his or her service
    26  upon the city-wide council on special education, the  city-wide  council
    27  on  English  language  learners,  the city-wide council on high schools,
    28  community school board or community district education council] provided
    29  that any such conviction shall be considered in accordance with  article
    30  twenty-three-A of the correction law.
    31    Any decision rendered by the chancellor or the city board with respect
    32  to  the  eligibility  or  qualifications  of  the nominees for community
    33  district education councils must  be  written  and  made  available  for
    34  public inspection within seven days of its issuance at the office of the
    35  chancellor  and  the city board. Such written decision shall include the
    36  factual and legal basis for its issuance and a record  of  the  vote  of
    37  each board member who participated in the decision, if applicable.
    38    §  3. This act shall take effect immediately, provided that the amend-
    39  ments to subdivision 7 of section 2590-b of the education  law  made  by
    40  section  one of this act shall not affect the repeal of such subdivision
    41  and shall be deemed repealed  therewith;  provided,  further,  that  the
    42  amendments  to subdivision 5 of section 2590-c of the education law made
    43  by section two of this act shall not affect the repeal of such  subdivi-
    44  sion and shall be deemed to repeal therewith.
 
    45                                  SUBPART C
 
    46    Section  1.  Clauses  1  and  5  of  paragraph (c) of subdivision 2 of
    47  section 435 of the executive law, clause 1 as amended by chapter 371  of
    48  the laws of 1974 and clause 5 as amended by 437 of the laws of 1962, are
    49  amended to read as follows:
    50    (1)  a  person  convicted of a crime [who has not received a pardon, a
    51  certificate of good conduct or a certificate of  relief  from  disabili-
    52  ties]  if  there  is  a  direct  relationship between one or more of the
    53  previous criminal offenses  and  the  integrity  and  safety  of  bingo,

        S. 1505--C                         38                         A. 2005--C
 
     1  considering  the  factors  set  forth  in  article twenty-three-A of the
     2  correction law;
     3    (5)  a  firm or corporation in which a person defined in [subdivision]
     4  clause (1), (2), (3) or (4) [above]  of  this  paragraph,  or  a  person
     5  married  or  related  in  the first degree to such a person, has greater
     6  than a ten [per centum] percent proprietary, equitable or credit  inter-
     7  est or in which such a person is active or employed.
     8    § 2. This act shall take effect immediately.

     9                                  SUBPART D
 
    10    Section  1.  Subdivision  1  of  section  130 of the executive law, as
    11  amended by section 1 of part LL of chapter 56 of the laws of 2010, para-
    12  graph (g) as separately amended by chapter 232  of  the  laws  2010,  is
    13  amended to read as follows:
    14    1.  The secretary of state may appoint and commission as many notaries
    15  public for the state of New York as in his or her judgment may be deemed
    16  best, whose jurisdiction shall be co-extensive with  the  boundaries  of
    17  the  state.  The  appointment  of a notary public shall be for a term of
    18  four years. An application for an appointment as notary public shall  be
    19  in  form  and  set  forth  such  matters as the secretary of state shall
    20  prescribe. Every person appointed as notary public must, at the time  of
    21  his  or  her appointment, be a citizen of the United States and either a
    22  resident of the state of New York or have an office or place of business
    23  in New York state. A notary public who is a resident of  the  state  and
    24  who moves out of the state but still maintains a place of business or an
    25  office  in  New York state does not vacate his or her office as a notary
    26  public. A notary public who is a nonresident and who ceases to  have  an
    27  office  or place of business in this state, vacates his or her office as
    28  a notary public. A notary public who is a resident of New York state and
    29  moves out of the state and who does not retain an  office  or  place  of
    30  business  in  this  state  shall  vacate  his  or her office as a notary
    31  public. A non-resident who accepts the office of notary public  in  this
    32  state  thereby  appoints  the secretary of state as the person upon whom
    33  process can be served on his or her behalf. Before issuing to any appli-
    34  cant a commission as notary public, unless he or she be an attorney  and
    35  counsellor  at  law  duly  admitted to practice in this state or a court
    36  clerk of the unified court system who has been appointed to  such  posi-
    37  tion  after  taking a civil service promotional examination in the court
    38  clerk series of titles, the secretary of state shall satisfy himself  or
    39  herself  that  the  applicant is of good moral character, has the equiv-
    40  alent of a common school education and is familiar with the  duties  and
    41  responsibilities  of  a  notary  public; provided, however, that where a
    42  notary public applies, before the expiration of his  or  her  term,  for
    43  reappointment  with  the  county  clerk  or where a person whose term as
    44  notary public shall have expired applies within  six  months  thereafter
    45  for  reappointment as a notary public with the county clerk, such quali-
    46  fying requirements may be waived by the secretary of state, and further,
    47  where an application for reappointment is filed with  the  county  clerk
    48  after  the  expiration  of the aforementioned renewal period by a person
    49  who failed or was unable to re-apply by reason of his or  her  induction
    50  or  enlistment in the armed forces of the United States, such qualifying
    51  requirements may also be waived by the secretary of state, provided such
    52  application for reappointment is made within a period of one year  after
    53  the  military  discharge  of  the  applicant under conditions other than
    54  dishonorable. In any case,  the  appointment  or  reappointment  of  any

        S. 1505--C                         39                         A. 2005--C
 
     1  applicant  is in the discretion of the secretary of state. The secretary
     2  of state may suspend or remove from office, for misconduct,  any  notary
     3  public  appointed by him or her but no such removal shall be made unless
     4  the  person  who  is  sought to be removed shall have been served with a
     5  copy of the charges against him or her and have an opportunity of  being
     6  heard.  No person shall be appointed as a notary public under this arti-
     7  cle who has been convicted, in this state or any other state or territo-
     8  ry, of a [felony or any of the following offenses, to wit:
     9    (a) Illegally using, carrying or possessing a pistol or other  danger-
    10  ous  weapon;  (b) making or possessing burglar's instruments; (c) buying
    11  or receiving or criminally  possessing  stolen  property;  (d)  unlawful
    12  entry  of  a  building;  (e)  aiding  escape from prison; (f) unlawfully
    13  possessing or distributing habit forming narcotic drugs;  (g)  violating
    14  sections  two hundred seventy, two hundred seventy-a, two hundred seven-
    15  ty-b, two hundred seventy-c, two hundred seventy-one, two hundred seven-
    16  ty-five, two hundred  seventy-six,  five  hundred  fifty,  five  hundred
    17  fifty-one,  five hundred fifty-one-a and subdivisions six, ten or eleven
    18  of section seven hundred twenty-two of the former penal law as in  force
    19  and  effect  immediately  prior  to  September  first,  nineteen hundred
    20  sixty-seven, or violating sections 165.25, 165.30 or subdivision one  of
    21  section  240.30  of  the  penal  law, or violating sections four hundred
    22  seventy-eight, four hundred  seventy-nine,  four  hundred  eighty,  four
    23  hundred  eighty-one,  four hundred eighty-four, four hundred eighty-nine
    24  and four hundred ninety-one of the judiciary law;  or  (h)  vagrancy  or
    25  prostitution,  and who has not subsequent to such conviction received an
    26  executive pardon therefor or a certificate of relief  from  disabilities
    27  or a certificate of good conduct pursuant to article twenty-three of the
    28  correction  law  to  remove the disability under this section because of
    29  such conviction] crime, unless the secretary makes a finding in conform-
    30  ance  with  all  applicable  statutory  requirements,  including   those
    31  contained  in  article  twenty-three-A  of the correction law, that such
    32  convictions do not constitute a bar to appointment.
    33    § 2. This act shall take effect immediately.
 
    34                                  SUBPART E
 
    35    Section 1. Paragraphs 1 and 5 of subdivision (a) of section  189-a  of
    36  the  general municipal law, as added by chapter 574 of the laws of 1978,
    37  are amended to read as follows:
    38    (1) a person convicted of a crime [who has not received  a  pardon,  a
    39  certificate  of  good  conduct or a certificate of relief from disabili-
    40  ties] if there is a direct relationship  between  one  or  more  of  the
    41  previous  criminal  offenses  and  the integrity or safety of charitable
    42  gaming, considering the factors set forth in article  twenty-three-A  of
    43  the correction law;
    44    (5)  a  firm or corporation in which a person defined in [subdivision]
    45  paragraph (1), (2), (3) or (4) [above] of this subdivision  has  greater
    46  than  a ten [per centum] percent proprietary, equitable or credit inter-
    47  est or in which such a person is active or employed.
    48    § 2. Paragraph (a) of subdivision 1 of  section  191  of  the  general
    49  municipal  law, as amended by section 15 of part LL of chapter 56 of the
    50  laws of 2010, is amended to read as follows:
    51    (a) Issuance of licenses to conduct games of chance. If such clerk  or
    52  department [shall determine] determines:
    53    (i)  that  the  applicant  is duly qualified to be licensed to conduct
    54  games of chance under this article;

        S. 1505--C                         40                         A. 2005--C

     1    (ii) that the member or members of the  applicant  designated  in  the
     2  application  to  manage  games of chance are bona fide active members of
     3  the applicant and are persons of good moral  character  and  have  never
     4  been  convicted of a crime[, or,] if [convicted, have received a pardon,
     5  a  certificate of good conduct or a certificate of relief from disabili-
     6  ties pursuant to article twenty-three of the correction law] there is  a
     7  direct  relationship  between  one  or  more  of  the  previous criminal
     8  offenses and the integrity or safety of charitable  gaming,  considering
     9  the factors set forth in article twenty-three-A of the correction law;
    10    (iii)  that  such  games  are  to  be conducted in accordance with the
    11  provisions of this article and in accordance with the  rules  and  regu-
    12  lations  of  the  [board] gaming commission and applicable local laws or
    13  ordinances and that the proceeds  thereof  are  to  be  disposed  of  as
    14  provided by this article[,]; and
    15    [if  such  clerk  or department is satisfied] (iv) that no commission,
    16  salary, compensation, reward or recompense  whatever  will  be  paid  or
    17  given  to  any person managing, operating or assisting therein except as
    18  in this article otherwise provided; [it] then such clerk  or  department
    19  shall  issue  a  license  to  the  applicant for the conduct of games of
    20  chance upon payment of a license fee of  twenty-five  dollars  for  each
    21  license period.
    22    §  3.  Subdivision  9  of section 476 of the general municipal law, as
    23  amended by chapter 1057 of the laws of 1965, paragraph (a) as amended by
    24  section 16 of part LL of chapter 56 of the laws of 2010, is  amended  to
    25  read as follows:
    26    9.  "Authorized commercial lessor" shall mean a person, firm or corpo-
    27  ration other than a licensee to conduct bingo under  the  provisions  of
    28  this  article,  who or which [shall own] owns or [be] is a net lessee of
    29  premises and offer the same for leasing by him, her or it to an  author-
    30  ized  organization for any consideration whatsoever, direct or indirect,
    31  for the purpose of conducting bingo therein, provided that  he,  she  or
    32  it, as the case may be, shall not be
    33    (a)  a person convicted of a crime [who has not received a pardon or a
    34  certificate of good conduct or a certificate of relief from disabilities
    35  pursuant to] if there is a direct relationship between one  or  more  of
    36  the  previous  criminal  offenses  and the integrity or safety of bingo,
    37  considering  the   factors   set   forth   in   article   [twenty-three]
    38  twenty-three-A of the correction law;
    39    (b)  a  person  who  is or has been a professional gambler or gambling
    40  promoter or who for other reasons is not of good moral character;
    41    (c) a public officer who receives any consideration, direct  or  indi-
    42  rect, as owner or lessor of premises offered for the purpose of conduct-
    43  ing bingo therein;
    44    (d)  a  firm or corporation in which a person defined in [subdivision]
    45  paragraph (a), (b) or (c)  [above]  of  this  subdivision  or  a  person
    46  married or related in the first degree to such a person has greater than
    47  a  ten [percentum (10%)] percent proprietary, equitable or credit inter-
    48  est or in which such a person is active or employed.
    49    Nothing contained in this subdivision shall be construed  to  bar  any
    50  firm  or  corporation [which] that is not organized for pecuniary profit
    51  and no part of the net earnings of which inure to  the  benefit  of  any
    52  individual,  member, or shareholder, from being an authorized commercial
    53  lessor solely because a public officer, or a person married  or  related
    54  in  the  first  degree to a public officer, is a member of, active in or
    55  employed by such firm or corporation.

        S. 1505--C                         41                         A. 2005--C

     1    § 4. Paragraph (a) of subdivision 1 of  section  481  of  the  general
     2  municipal  law,  as amended by section 5 of part MM of chapter 59 of the
     3  laws of 2017, is amended to read as follows:
     4    (a)  Issuance  of  licenses to conduct bingo. If the governing body of
     5  the municipality determines:
     6    (i) that the applicant is duly qualified to  be  licensed  to  conduct
     7  bingo under this article;
     8    (ii)  that  the  member  or members of the applicant designated in the
     9  application to conduct bingo are bona fide active members  or  auxiliary
    10  members  of  the  applicant  and are persons of good moral character and
    11  have never been convicted of a crime [or, if convicted, have received  a
    12  pardon  or a certificate of good conduct or a certificate of relief from
    13  disabilities pursuant to article twenty-three]  if  there  is  a  direct
    14  relationship  between  one or more of the previous criminal offenses and
    15  the integrity or safety of bingo, considering the factors set  forth  in
    16  article twenty-three-A of the correction law;
    17    (iii)  that such games of bingo are to be conducted in accordance with
    18  the provisions of this article and in  accordance  with  the  rules  and
    19  regulations of the commission[, and];
    20    (iv)  that  the  proceeds thereof are to be disposed of as provided by
    21  this article[, and if the governing body is satisfied];
    22    (v) that no commission, salary,  compensation,  reward  or  recompense
    23  [what  so  ever] whatsoever will be paid or given to any person holding,
    24  operating or conducting or  assisting  in  the  holding,  operation  and
    25  conduct  of  any such games of bingo except as in this article otherwise
    26  provided; and
    27    (vi) that no prize will be offered and given in excess of the  sum  or
    28  value  of five thousand dollars in any single game of bingo and that the
    29  aggregate of all prizes offered and given in all of such games of  bingo
    30  conducted  on  a  single occasion[,] under said license shall not exceed
    31  the sum or value of fifteen  thousand  dollars,  then  the  municipality
    32  shall  issue  a  license  to the applicant for the conduct of bingo upon
    33  payment of a license fee of eighteen dollars and seventy-five cents  for
    34  each bingo occasion[; provided, however, that].
    35    Notwithstanding  anything  to  the  contrary  in  this  paragraph, the
    36  governing body shall refuse to issue a license to an  applicant  seeking
    37  to  conduct bingo in premises of a licensed commercial lessor where such
    38  governing body determines that the premises presently owned or  occupied
    39  by  such  applicant  are  in  every  respect  adequate  and suitable for
    40  conducting bingo games.
    41    § 5. This act shall take effect immediately.
 
    42                                  SUBPART F
 
    43    Section 1. Paragraphs 3 and 4 of subsection (d) of section 2108 of the
    44  insurance law are REPEALED, and paragraph 5 is renumbered paragraph 3.
    45    § 2. This act shall take effect immediately.
 
    46                                  SUBPART G
 
    47    Section 1. Section 440-a of the real property law, as amended by chap-
    48  ter 81 of the laws of 1995, the first undesignated paragraph as  amended
    49  by  section  23 of part LL of chapter 56 of the laws of 2010, is amended
    50  to read as follows:
    51    § 440-a. License required for real estate  brokers  and  salesmen.  No
    52  person,  co-partnership,  limited liability company or corporation shall

        S. 1505--C                         42                         A. 2005--C
 
     1  engage in or follow the business or occupation of, or  hold  himself  or
     2  itself  out  or  act temporarily or otherwise as a real estate broker or
     3  real estate salesman in this state without  first  procuring  a  license
     4  therefor  as  provided in this article. No person shall be entitled to a
     5  license as a real estate broker under this article, either as  an  indi-
     6  vidual  or as a member of a co-partnership, or as a member or manager of
     7  a limited liability company or as an officer of a corporation, unless he
     8  or she is twenty years of age or over, a citizen of the United States or
     9  an alien lawfully admitted for permanent residence in the United States.
    10  No person shall be entitled to a license as a real estate salesman under
    11  this article unless he or she is over the  age  of  eighteen  years.  No
    12  person  shall  be  entitled to a license as a real estate broker or real
    13  estate salesman under this article who has been convicted in this  state
    14  or  elsewhere  of a [felony, of a sex offense, as defined in subdivision
    15  two of section one hundred sixty-eight-a of the correction  law  or  any
    16  offense  committed  outside  of  this state which would constitute a sex
    17  offense, or a sexually violent offense, as defined in subdivision  three
    18  of  section  one  hundred  sixty-eight-a  of  the  correction law or any
    19  offense committed outside this state which would constitute  a  sexually
    20  violent  offense, and who has not subsequent to such conviction received
    21  executive pardon therefor or a certificate of relief  from  disabilities
    22  or a certificate of good conduct pursuant to article twenty-three of the
    23  correction  law,  to remove the disability under this section because of
    24  such conviction] crime, unless the secretary makes a finding in conform-
    25  ance  with  all  applicable  statutory  requirements,  including   those
    26  contained  in  article  twenty-three-A  of the correction law, that such
    27  convictions do not constitute a bar to licensure.  No  person  shall  be
    28  entitled  to  a  license as a real estate broker or real estate salesman
    29  under this article who does not meet the requirements of  section  3-503
    30  of the general obligations law.
    31    Notwithstanding  [the above] anything to the contrary in this section,
    32  tenant associations[,] and  not-for-profit  corporations  authorized  in
    33  writing  by  the  commissioner of the department of the city of New York
    34  charged with enforcement of the housing maintenance code of such city to
    35  manage residential property owned by such city or appointed by  a  court
    36  of  competent  jurisdiction to manage residential property owned by such
    37  city shall be exempt from the licensing provisions of this section  with
    38  respect to the properties so managed.
    39    § 2. This act shall take effect immediately.
 
    40                                  SUBPART H
 
    41    Section  1. Subdivision 5 of section 336-f of the social services law,
    42  as added by section 148 of part B of chapter 436 of the laws of 1997, is
    43  amended to read as follows:
    44    5. The social services district shall require every  private  or  not-
    45  for-profit  employer  that  intends  to  hire  one or more work activity
    46  participants to certify to the district [that] whether such employer has
    47  [not], in the past five years, been convicted of a felony or a misdemea-
    48  nor the underlying basis of which involved workplace safety  and  health
    49  or  labor  standards.  Such  employer  shall  also  certify  as  to  all
    50  violations issued by the department of labor within the past five years.
    51  The social services official in the district in which the participant is
    52  placed shall determine whether there is  a  pattern  of  convictions  or
    53  violations  sufficient  to  render  the  potential  employer ineligible.

        S. 1505--C                         43                         A. 2005--C
 
     1  Employers who submit false  information  under  this  section  shall  be
     2  subject to criminal prosecution for filing a false instrument.
     3    § 2. This act shall take effect immediately.
 
     4                                  SUBPART I
 
     5    Section  1.  Subdivision  9  of section 394 of the vehicle and traffic
     6  law, as separately renumbered by chapters 300 and 464  of  the  laws  of
     7  1960, is amended to read as follows:
     8    9.  Employees. [No licensee shall knowingly employ, in connection with
     9  a driving school in any capacity whatsoever, any  person  who  has  been
    10  convicted  of  a felony, or of any crime involving violence, dishonesty,
    11  deceit, indecency, degeneracy or moral turpitude] A licensee may employ,
    12  in connection with a driving school a person who has been convicted of a
    13  crime, in accordance with article twenty-three-A of the correction law.
    14    § 2. This act shall take effect immediately.
 
    15                                  SUBPART J
 
    16    Section 1. Subparagraphs (v), (vi) and (vii) of paragraph b of  subdi-
    17  vision 2 of section 510 of the vehicle and traffic law are REPEALED.
    18    § 2. Paragraphs i and j of subdivision 6 of section 510 of the vehicle
    19  and traffic law are REPEALED.
    20    § 3. Subdivision 2 of section 701 of the correction law, as amended by
    21  chapter 235 of the laws of 2007, is amended to read as follows:
    22    2. Notwithstanding any other provision of law, except subdivision five
    23  of  section  twenty-eight  hundred six of the public health law or para-
    24  graph (b) of subdivision two of section eleven hundred  ninety-three  of
    25  the  vehicle  and  traffic law, a conviction of a crime or of an offense
    26  specified in a certificate of relief from disabilities shall  not  cause
    27  automatic  forfeiture of any license, other than a license issued pursu-
    28  ant to section 400.00 of the penal law to a person convicted of a  class
    29  A-I felony or a violent felony offense, as defined in subdivision one of
    30  section  70.02  of  the  penal  law,  permit,  employment, or franchise,
    31  including the right to register for or vote at an election, or automatic
    32  forfeiture of any other right or privilege, held by the eligible  offen-
    33  der  and covered by the certificate. Nor shall such conviction be deemed
    34  to be a conviction within the meaning  of  any  provision  of  law  that
    35  imposes, by reason of a conviction, a bar to any employment, a disabili-
    36  ty to exercise any right, or a disability to apply for or to receive any
    37  license,  permit, or other authority or privilege covered by the certif-
    38  icate; provided, however, that a conviction for a second  or  subsequent
    39  violation of any subdivision of section eleven hundred ninety-two of the
    40  vehicle  and  traffic law committed within the preceding ten years shall
    41  impose a disability to apply for or receive an operator's license during
    42  the period provided in such law; and provided further, however,  that  a
    43  conviction  for  a  class  A-I  felony  or  a violent felony offense, as
    44  defined in subdivision one of section 70.02  of  the  penal  law,  shall
    45  impose  a  disability to apply for or receive a license or permit issued
    46  pursuant to section 400.00 of the penal law. [A  certificate  of  relief
    47  from a disability imposed pursuant to subparagraph (v) of paragraph b of
    48  subdivision  two  and  paragraphs  i and j of subdivision six of section
    49  five hundred ten of the vehicle and traffic law may only be issued  upon
    50  a determination that compelling circumstances warrant such relief.]
    51    § 4. This act shall take effect immediately.

        S. 1505--C                         44                         A. 2005--C
 
     1                                  SUBPART K
 
     2    Section  1.  Legislative  findings.  The  legislature  finds  that law
     3  enforcement booking information  and  photographs,  otherwise  known  as
     4  "mugshots,"  are  published  on  the internet and other public platforms
     5  with impunity. An individual's mugshot is displayed publicly even if the
     6  arrest does not lead  to  a  conviction,  or  the  conviction  is  later
     7  expunged,  sealed,  or pardoned.  This practice presents an unacceptable
     8  invasion of the individual's personal privacy. While there is a well-es-
     9  tablished Constitutional right for the press and the public  to  publish
    10  government  records  which  are  in  the public domain or that have been
    11  lawfully accessed, arrest and booking information have not been found by
    12  courts to have the  same  public  right  of  access  as  criminal  court
    13  proceedings  or  court  filings. Therefore, each state can set access to
    14  this information through its Freedom of Information  laws.  The  federal
    15  government  has  already  limited  access to booking photographs through
    16  privacy formulations in its Freedom of Information Act, and the legisla-
    17  ture hereby declares that New York will follow  the  same  principle  to
    18  protect  its residents from this unwarranted invasion of personal priva-
    19  cy, absent a specific law enforcement purpose, such as disclosure  of  a
    20  photograph  to  alert  victims  or witnesses to come forward to aid in a
    21  criminal investigation.
    22    § 2. Paragraph (b) of subdivision 2 of section 89 of the public  offi-
    23  cers  law,  as amended by section 11 of part U of chapter 61 of the laws
    24  of 2011, is amended to read as follows:
    25    (b) An unwarranted invasion of personal privacy  includes,  but  shall
    26  not be limited to:
    27    i.  disclosure  of employment, medical or credit histories or personal
    28  references of applicants for employment;
    29    ii. disclosure of items involving the medical or personal records of a
    30  client or patient in a medical facility;
    31    iii. sale or release of lists of names and  addresses  if  such  lists
    32  would be used for solicitation or fund-raising purposes;
    33    iv.  disclosure  of  information  of a personal nature when disclosure
    34  would result in economic or personal hardship to the subject  party  and
    35  such information is not relevant to the work of the agency requesting or
    36  maintaining it;
    37    v.  disclosure  of information of a personal nature reported in confi-
    38  dence to an agency and not relevant to the ordinary work of such agency;
    39    vi. information of a personal nature contained in a  workers'  compen-
    40  sation  record,  except  as provided by section one hundred ten-a of the
    41  workers' compensation law; [or]
    42    vii. disclosure of electronic contact information, such as  an  e-mail
    43  address  or  a  social  network username, that has been collected from a
    44  taxpayer under section one hundred four of the real property tax law; or
    45    viii. disclosure of law enforcement booking information about an indi-
    46  vidual, including booking photographs, unless  public  release  of  such
    47  information will serve a specific law enforcement purpose and disclosure
    48  is not precluded by any state or federal laws.
    49    § 3. This act shall take effect immediately.
 
    50                                  SUBPART L
 
    51    Section  1. The executive law is amended by adding a new section 845-c
    52  to read as follows:

        S. 1505--C                         45                         A. 2005--C
 
     1    § 845-c. Criminal history record searches; undisposed cases. 1.  When,
     2  pursuant  to  statute  or  the regulations of the division, the division
     3  conducts a search of its criminal history records and returns  a  report
     4  thereon,  all  references to undisposed cases contained in such criminal
     5  history record shall be excluded from such report.
     6    2. For purposes of this section, "undisposed case" shall mean a crimi-
     7  nal  action  or proceeding identified in the division's criminal history
     8  record repository, for which there is no record of an unexecuted warrant
     9  of arrest, superior court warrant of arrest, or bench warrant,  and  for
    10  which  no  record of conviction or imposition of sentence or other final
    11  disposition,  other  than  the  issuance  of  an  apparently  unexecuted
    12  warrant,  has  been recorded and with respect to which no entry has been
    13  made in the division's criminal history records for a period of at least
    14  five years preceding the issuance of such report. When a criminal action
    15  in the division's criminal history record repository becomes  an  undis-
    16  posed  case  pursuant  to  this section, and the action involves class A
    17  charges, charges under article one hundred twenty-five of the penal law,
    18  or felony charges under article one hundred thirty of the penal law, the
    19  division shall notify the district attorney  in  the  county  which  has
    20  jurisdiction.  If  the district attorney notifies the division that such
    21  case is pending and should not meet  the  definition  of  an  undisposed
    22  case,  the  case shall not be excluded from such report. If the division
    23  does not receive a response from the district attorney within six months
    24  of providing notice, the case shall be excluded from such report.
    25    3. The provisions of subdivision one of this section shall  not  apply
    26  to  criminal history record information: (a) provided by the division to
    27  qualified agencies pursuant to subdivision six of section eight  hundred
    28  thirty-seven  of  this  article,  or to federal or state law enforcement
    29  agencies, for criminal justice purposes; (b) prepared solely for a  bona
    30  fide  research  purpose; or (c) prepared for the internal record keeping
    31  or case management purposes of the division.
    32    § 2. Subdivision 2 of section 212 of the judiciary law is  amended  by
    33  adding a new paragraph (x) to read as follows:
    34    (x)  Take  such actions and adopt such measures as may be necessary to
    35  ensure that no written or electronic report of a criminal history record
    36  search conducted by the office of court  administration,  other  than  a
    37  search  conducted  solely for the internal recordkeeping or case manage-
    38  ment purposes of the judiciary or for  a  bona  fide  research  purpose,
    39  contains  information  relating  to  an undisposed case. For purposes of
    40  this paragraph, "undisposed  case"  shall  mean  a  criminal  action  or
    41  proceeding,  or  an  arrest  incident, appearing in the criminal history
    42  records of the office of court administration for which  no  conviction,
    43  imposition  of  sentence,  order  of removal or other final disposition,
    44  other than the issuance of an apparently unexecuted  warrant,  has  been
    45  recorded  and  with  respect  to  which  no  entry has been made in such
    46  records for a period of at least five years preceding  the  issuance  of
    47  such  report.  Nothing  contained  in  this paragraph shall be deemed to
    48  permit or require the release, disclosure or other dissemination by  the
    49  office  of  court  administration of criminal history record information
    50  that has been sealed in accordance with law.
    51    § 3. This act shall take effect on the three hundred  sixty-fifth  day
    52  after it shall have become a law and shall apply to searches of criminal
    53  history records conducted on or after such date. Prior to such effective
    54  date,  the  division  of criminal justice services, in consultation with
    55  the state administrator of the unified court system as well as any other
    56  public or private agency, shall undertake such measures as may be neces-

        S. 1505--C                         46                         A. 2005--C
 
     1  sary and appropriate to update its criminal history records with respect
     2  to criminal cases and arrest incidents for which  no  final  disposition
     3  has been reported.
 
     4                                  SUBPART M
 
     5    Section  1.  The  commissioner  of  the  division  of criminal justice
     6  services shall direct that records of any action  or  proceeding  termi-
     7  nated in favor of the accused, as defined by section 160.50 of the crim-
     8  inal  procedure  law, before November 1, 1991 maintained by the division
     9  of criminal justice services be sealed in the  manner  provided  for  by
    10  section 160.50 of the criminal procedure law.
    11    §  2.  The  commissioner  of the division of criminal justice services
    12  shall direct that records of any action or proceeding  terminated  by  a
    13  conviction  for  a  traffic  infraction  or  a  violation,  other than a
    14  violation of loitering as described in paragraph (d) of subdivision 1 of
    15  section 160.10 of the criminal procedure law or the violation of operat-
    16  ing a motor vehicle while ability impaired as described in subdivision 1
    17  of section 1192 of the vehicle and traffic law before November  1,  1991
    18  maintained by the division of criminal justice services be sealed in the
    19  manner provided for by section 160.55 of the criminal procedure law.
    20    §  3.  Subdivision 2 of section 212 of the judiciary law is amended by
    21  adding a new paragraph (y) to read as follows:
    22    (y) Take such actions and adopt such measures as may be  necessary  to
    23  ensure that no written or electronic report of a criminal history record
    24  search  conducted  by  the  office of court administration, other than a
    25  search conducted solely for the internal recordkeeping or  case  manage-
    26  ment  purposes  of  the  judiciary  or for a bona fide research purpose,
    27  contains information about any action or proceeding terminated prior  to
    28  November  first, nineteen ninety-one in favor of the accused, as defined
    29  by section 160.50 of the criminal procedure law, or sealed in the manner
    30  provided by section 160.55 of the criminal procedure law.
    31    § 4. This act shall take effect on the one hundred eightieth day after
    32  it shall have become a law; provided, however, section one of  this  act
    33  shall  be  deemed to have been in full force and effect on the same date
    34  as chapter 877 of the laws  of  1976  took  effect;  provided,  further,
    35  however,  section  two  of this act shall be deemed to have been in full
    36  force and effect on the same date as chapter 182 of  the  laws  of  1980
    37  took effect.
 
    38                                  SUBPART N
 
    39    Section  1. The executive law is amended by adding a new section 845-d
    40  to read as follows:
    41    § 845-d. Criminal record searches: reports for  civil  purposes.    1.
    42  When, pursuant to statute or the regulations of this division, the divi-
    43  sion  conducts  a  search  of  its  criminal  history  records for civil
    44  purposes, and returns a report therein, it shall only report any  crimi-
    45  nal  convictions,  and  any  criminal  arrests and accompanying criminal
    46  actions which are pending.
    47    2. The provisions of subdivision one of this section shall  not  apply
    48  to  criminal  history records: (a) provided by the division to qualified
    49  agencies as defined in subdivision nine of section eight  hundred  thir-
    50  ty-five  of  this article; (b) provided to federal or state law enforce-
    51  ment agencies; (c) prepared solely for a bona fide research purpose;  or

        S. 1505--C                         47                         A. 2005--C
 
     1  (d) prepared for the internal record keeping or case management purposes
     2  of the division.
     3    3.  Nothing  in  this  section shall authorize the division to provide
     4  criminal history information that is not otherwise authorized by law  or
     5  that  is  sealed pursuant to section 160.50, 160.55, 160.58 or 160.59 of
     6  the criminal procedure law.
     7    § 2. Subdivision 2 of section 212 of the judiciary law is  amended  by
     8  adding a new paragraph (z) to read as follows:
     9    (z)  take  such actions and adopt such measures as may be necessary to
    10  ensure that a certificate of disposition  or  a  written  or  electronic
    11  report  of  a  criminal  history  search conducted for the public by the
    12  office of court administration contains only records  of convictions, if
    13  any, and information about pending  cases.  This  limitation  shall  not
    14  apply  to  searches  conducted  for  the  internal recordkeeping or case
    15  management purposes of the judiciary, or  produced  to  the  court,  the
    16  people, and defense counsel in a criminal proceeding, or for a bona fide
    17  research purpose, or, where appropriate, to the defendant or defendant's
    18  designated agent.
    19    §  3.  This act shall take effect on the three hundred sixty-fifth day
    20  after it shall have become a law.
 
    21                                  SUBPART O
 
    22    Section 1. This Subpart amends the human rights law  to  specify  that
    23  considering  arrests that are followed by an order adjourning the crimi-
    24  nal action in contemplation of dismissal,  which  adjournments  are  not
    25  convictions  or admissions of guilt under section 170.55 of the criminal
    26  procedure  law,  is  an  unlawful  discriminatory  practice  for   civil
    27  purposes.  This  Subpart  amends the human rights law to clarify as well
    28  that adjourning the criminal action in contemplation of dismissal is not
    29  a pending arrest for purposes of this Subpart, unless the case has  been
    30  restored  to  the calendar. This Subpart also amends the same section of
    31  the law to add housing and volunteer positions to employment and licens-
    32  ing to the civil purposes for which past arrest information that did not
    33  result in a conviction or violation can be used.
    34    § 2. Subdivision 16 of section 296 of the executive law, as amended by
    35  section 48-a of part WWW of chapter 59 of the laws of 2017,  is  amended
    36  to read as follows:
    37    16.  It  shall  be an unlawful discriminatory practice, unless specif-
    38  ically required or permitted by statute, for any person, agency, bureau,
    39  corporation or association, including the state and any political subdi-
    40  vision thereof, to make any inquiry about, whether in any form of appli-
    41  cation or  otherwise,  or  to  act  upon  adversely  to  the  individual
    42  involved,  any arrest or criminal accusation of such individual not then
    43  pending against that individual which was followed by a  termination  of
    44  that  criminal  action  or  proceeding  in  favor of such individual, as
    45  defined in subdivision two of section 160.50 of the  criminal  procedure
    46  law,  or  by an order adjourning the criminal action in contemplation of
    47  dismissal, pursuant to section 170.55, 170.56, 210.46, 210.47, or 215.10
    48  of the criminal procedure law, or by a youthful  offender  adjudication,
    49  as  defined  in subdivision one of section 720.35 of the criminal proce-
    50  dure law, or by a conviction for a violation sealed pursuant to  section
    51  160.55  of the criminal procedure law or by a conviction which is sealed
    52  pursuant to section 160.59 or 160.58 of the criminal procedure  law,  in
    53  connection  with the licensing, housing, employment, including volunteer
    54  positions, or providing of  credit  or  insurance  to  such  individual;

        S. 1505--C                         48                         A. 2005--C
 
     1  provided,  further, that no person shall be required to divulge informa-
     2  tion pertaining to any arrest or criminal accusation of such  individual
     3  not  then pending against that individual which was followed by a termi-
     4  nation  of  that criminal action or proceeding in favor of such individ-
     5  ual, as defined in subdivision two of section  160.50  of  the  criminal
     6  procedure  law, or by an order adjourning the criminal action in contem-
     7  plation of dismissal, pursuant to  section  170.55  or  170.56,  210.46,
     8  210.47  or 215.10 of the criminal procedure law, or by a youthful offen-
     9  der adjudication, as defined in subdivision one of section 720.35 of the
    10  criminal procedure law, or by a conviction for a violation sealed pursu-
    11  ant to section 160.55 of the criminal procedure law, or by a  conviction
    12  which  is  sealed  pursuant  to section 160.58 or 160.59 of the criminal
    13  procedure law.  An individual required or requested to provide  informa-
    14  tion  in  violation  of  this  subdivision may respond as if the arrest,
    15  criminal accusation, or disposition of such arrest or  criminal  accusa-
    16  tion  did  not occur. The provisions of this subdivision shall not apply
    17  to the licensing activities of governmental bodies in  relation  to  the
    18  regulation  of guns, firearms and other deadly weapons or in relation to
    19  an application for employment as a police officer or  peace  officer  as
    20  those  terms are defined in subdivisions thirty-three and thirty-four of
    21  section 1.20 of the criminal procedure law; provided  further  that  the
    22  provisions  of  this  subdivision  shall not apply to an application for
    23  employment or membership in any law enforcement agency with  respect  to
    24  any  arrest  or  criminal  accusation  which  was followed by a youthful
    25  offender adjudication, as defined in subdivision one of  section  720.35
    26  of the criminal procedure law, or by a conviction for a violation sealed
    27  pursuant  to  section  160.55  of  the  criminal  procedure law, or by a
    28  conviction which is sealed pursuant to section 160.58 or 160.59  of  the
    29  criminal  procedure  law.  For  purposes  of this subdivision, an action
    30  which has been adjourned in  contemplation  of  dismissal,  pursuant  to
    31  section  170.55  or  170.56,  210.46,  210.47  or 215.10 of the criminal
    32  procedure law, shall not be considered  a  pending  action,  unless  the
    33  order  to  adjourn in contemplation of dismissal is revoked and the case
    34  is restored to the calendar for further prosecution.
    35    § 3. This act shall take effect on the ninetieth day  after  it  shall
    36  have become a law.
 
    37                                  SUBPART P
 
    38                            Intentionally omitted
 
    39    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    40  sion,  section  or  part  of  this act shall be adjudged by any court of
    41  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    42  impair,  or  invalidate  the remainder thereof, but shall be confined in
    43  its operation to the clause, sentence, paragraph,  subdivision,  section
    44  or part thereof directly involved in the controversy in which such judg-
    45  ment shall have been rendered. It is hereby declared to be the intent of
    46  the  legislature  that  this  act  would  have been enacted even if such
    47  invalid provisions had not been included herein.
    48    § 3. This act shall take effect immediately  provided,  however,  that
    49  the  applicable effective date of Subparts A through P of this act shall
    50  be as specifically set forth in the last section of such Subparts.
 
    51                                   PART JJ

        S. 1505--C                         49                         A. 2005--C
 
     1                            Intentionally Omitted
 
     2                                   PART KK
 
     3    Section  1.  Section 60.05 of the penal law is amended by adding a new
     4  subdivision 8 to read as follows:
     5    8. Shock  incarceration participation. (a) When the  court  imposes  a
     6  determinate  sentence  of  imprisonment pursuant to subdivision three of
     7  section 70.02 of this chapter or subdivision six  of  section  70.06  of
     8  this  chapter  upon  a person who stands convicted either of burglary in
     9  the second degree as defined in subdivision two  of  section  140.25  of
    10  this  chapter  or robbery in the second degree as defined in subdivision
    11  one of section 160.10 of this  chapter,  or  an  attempt  thereof,  upon
    12  motion of the defendant, the court may issue an order directing that the
    13  department of corrections and community supervision enroll the defendant
    14  in the shock incarceration program as defined in article twenty-six-A of
    15  the  correction  law, provided that the defendant is an eligible inmate,
    16  as described in subdivision one of section eight hundred  sixty-five  of
    17  the  correction  law.  Notwithstanding  the foregoing provisions of this
    18  subdivision, any defendant to be enrolled in such  program  pursuant  to
    19  this  subdivision  shall  be  governed by the same rules and regulations
    20  promulgated by the department of corrections and community  supervision,
    21  including  without  limitation  those rules and regulations establishing
    22  requirements for completion and such  rules  and  regulations  governing
    23  discipline and removal from the program.
    24    (b)  Paragraph (b) of subdivision seven of section 60.04 of this arti-
    25  cle shall apply in the event an inmate designated  by  court  order  for
    26  enrollment  in  the  shock  incarceration  program  requires a degree of
    27  medical care or mental health care that cannot be provided  at  a  shock
    28  incarceration facility.
    29    § 2. Subdivision 1 of section 865 of the correction law, as amended by
    30  chapter 377 of the laws of 2010, is amended to read as follows:
    31    1. "Eligible inmate" means a person sentenced to an indeterminate term
    32  of  imprisonment  who  will become eligible for release on parole within
    33  three years or sentenced to a determinate term of imprisonment who  will
    34  become  eligible for conditional release within three years, who has not
    35  reached the age of fifty years, who has not previously been convicted of
    36  a violent felony as defined in article seventy of the penal  law,  or  a
    37  felony  in  any  other  jurisdiction which includes all of the essential
    38  elements of any such violent felony,  upon  which  an  indeterminate  or
    39  determinate  term  of  imprisonment  was imposed and who was between the
    40  ages of sixteen and fifty years at the time of commission of  the  crime
    41  upon  which  his  or her present sentence was based. Notwithstanding the
    42  foregoing, no person who is convicted of any  of  the  following  crimes
    43  shall  be  deemed eligible to participate in this program: (a) a violent
    44  felony offense as defined  in  article  seventy  of  the  penal  law[,];
    45  provided,  however,  that  a  person who is convicted of burglary in the
    46  second degree as defined in subdivision two of  section  140.25  of  the
    47  penal law, or robbery in the second degree as defined in subdivision one
    48  of  section  160.10 of the penal law, or an attempt thereof, is eligible
    49  to participate, (b) an A-I felony offense, (c) any homicide  offense  as
    50  defined  in  article  one  hundred twenty-five of the penal law, (d) any
    51  felony sex offense as defined in article one hundred thirty of the penal
    52  law and (e) any escape or absconding offense as defined in  article  two
    53  hundred five of the penal law.

        S. 1505--C                         50                         A. 2005--C
 
     1    §  3.  This  act shall take effect on the thirtieth day after it shall
     2  have become a law.
 
     3                                   PART LL
 
     4                            Intentionally Omitted
 
     5                                   PART MM
 
     6                            Intentionally Omitted
 
     7                                   PART NN
 
     8                            Intentionally Omitted
 
     9                                   PART OO
 
    10    Section  1.  Subdivisions  1  and 3 of section 70.15 of the penal law,
    11  subdivision 1 as amended by chapter 291 of the laws of 1993, are amended
    12  to read as follows:
    13    1. Class A misdemeanor. A sentence  of  imprisonment  for  a  class  A
    14  misdemeanor  shall  be  a  definite  sentence.  When  such a sentence is
    15  imposed the term shall be fixed by the court, and shall not exceed  [one
    16  year;  provided, however, that a sentence of imprisonment imposed upon a
    17  conviction of criminal possession of a weapon in the  fourth  degree  as
    18  defined  in subdivision one of section 265.01 must be for a period of no
    19  less than one year when the conviction was the result of a plea of guil-
    20  ty entered in satisfaction of an indictment or any count thereof  charg-
    21  ing  the  defendant  with the class D violent felony offense of criminal
    22  possession of a weapon in the third degree  as  defined  in  subdivision
    23  four  of  section  265.02,  except  that  the court may impose any other
    24  sentence authorized by law upon a person who  has  not  been  previously
    25  convicted  in the five years immediately preceding the commission of the
    26  offense for a felony or a class A misdemeanor defined in  this  chapter,
    27  if  the court having regard to the nature and circumstances of the crime
    28  and to the history and character of the defendant, finds on  the  record
    29  that  such  sentence  would  be  unduly  harsh  and that the alternative
    30  sentence would be consistent with public safety and does  not  deprecate
    31  the seriousness of the crime] three hundred sixty-four days.
    32    3. Unclassified misdemeanor. A sentence of imprisonment for an unclas-
    33  sified misdemeanor shall be a definite sentence. When such a sentence is
    34  imposed the term shall be fixed by the court, and shall be in accordance
    35  with  the  sentence  specified  in the law or ordinance that defines the
    36  crime but, in any event, it shall not exceed  three  hundred  sixty-four
    37  days.
    38    §  2. Section 70.15 of the penal law is amended by adding a new subdi-
    39  vision 1-a to read as follows:
    40    1-a. (a) Notwithstanding the provisions of any other law, whenever the
    41  phrase "one year" or "three hundred sixty-five days" or  "365  days"  or
    42  any similar phrase appears in any provision of this chapter or any other
    43  law  in  reference to the definite sentence or maximum definite sentence
    44  of imprisonment that is imposed, or has been imposed, or may be  imposed
    45  after  enactment  of  this  subdivision, for a misdemeanor conviction in
    46  this state, such phrase shall mean, be interpreted  and  be  applied  as
    47  three hundred sixty-four days.

        S. 1505--C                         51                         A. 2005--C
 
     1    (b) The amendatory provisions of this subdivision are ameliorative and
     2  shall  apply  to  all  persons who are sentenced before, on or after the
     3  effective date of this subdivision, for a crime committed before, on  or
     4  after the effective date of this subdivision.
     5    (c)  Any  sentence  for  a misdemeanor conviction imposed prior to the
     6  effective date of this subdivision that is a definite sentence of impri-
     7  sonment of one year, or three hundred sixty-five days, shall, by  opera-
     8  tion  of  law,  be  changed to, mean and be interpreted and applied as a
     9  sentence of three hundred sixty-four days.  In  addition  to  any  other
    10  right of a person to obtain a record of a proceeding against him or her,
    11  a  person  so  sentenced prior to the effective date of this subdivision
    12  shall be entitled to obtain, from the criminal court or the clerk there-
    13  of, a certificate of conviction, as  described  in  subdivision  one  of
    14  section 60.60 of the criminal procedure law, setting forth such sentence
    15  as the sentence specified in this paragraph.
    16    (d)  Any  sentence  for  a misdemeanor conviction imposed prior to the
    17  effective date of  this  subdivision  that  is  other  than  a  definite
    18  sentence  of  imprisonment  of one year may be set aside, upon motion of
    19  the defendant under section 440.20 of the criminal procedure  law  based
    20  on  a  showing that the judgment and sentence under the law in effect at
    21  the time of conviction imposed prior  to  the  effective  date  of  this
    22  subdivision  is  likely  to result in severe collateral consequences, in
    23  order to permit the court to resentence the defendant in accordance with
    24  the amendatory provisions of this subdivision.
    25    (e) Resentence by operation of law is without prejudice to an individ-
    26  ual seeking further relief pursuant to paragraph (i) of subdivision  one
    27  of section 440.10 of the criminal procedure law. Nothing in this section
    28  is  intended  to  diminish  or abrogate any rights or remedies otherwise
    29  available to the individual.
    30    § 3. Paragraph (i) of subdivision 1 of section 440.10 of the  criminal
    31  procedure  law, as amended by chapter 368 of the laws of 2015, the open-
    32  ing paragraph as amended by chapter 189 of the laws of 2018, is  amended
    33  and a new paragraph (j) is added to read as follows:
    34    (i)  The judgment is a conviction where the arresting charge was under
    35  section 240.37 (loitering for the purpose of engaging in a  prostitution
    36  offense, provided that the defendant was not alleged to be loitering for
    37  the  purpose of patronizing a person for prostitution or promoting pros-
    38  titution) or 230.00 (prostitution) or 230.03 (prostitution in  a  school
    39  zone) of the penal law, and the defendant's participation in the offense
    40  was  a  result  of having been a victim of sex trafficking under section
    41  230.34 of the penal law,  sex  trafficking  of  a  child  under  section
    42  230.34-a of the penal law, labor trafficking under section 135.35 of the
    43  penal  law,  aggravated  labor  trafficking  under section 135.37 of the
    44  penal law, compelling prostitution under section  230.33  of  the  penal
    45  law,  or trafficking in persons under the Trafficking Victims Protection
    46  Act (United States Code, title 22, chapter 78); provided that
    47    (i) a motion under this paragraph shall be made  with  due  diligence,
    48  after  the  defendant  has  ceased to be a victim of such trafficking or
    49  compelling prostitution crime or has sought services for victims of such
    50  trafficking or compelling  prostitution  crime,  subject  to  reasonable
    51  concerns  for the safety of the defendant, family members of the defend-
    52  ant, or other victims of such  trafficking  or  compelling  prostitution
    53  crime  that  may  be  jeopardized by the bringing of such motion, or for
    54  other reasons consistent with the purpose of this paragraph; and
    55    (ii) official documentation of the defendant's status as a  victim  of
    56  trafficking,  compelling  prostitution  or trafficking in persons at the

        S. 1505--C                         52                         A. 2005--C
 
     1  time of the offense from a federal, state  or  local  government  agency
     2  shall  create  a  presumption  that the defendant's participation in the
     3  offense was a result of having been a victim of sex trafficking, compel-
     4  ling  prostitution  or trafficking in persons, but shall not be required
     5  for granting a motion under this paragraph[.]; or
     6    (j) The judgment is a conviction for a class A or unclassified  misde-
     7  meanor  entered prior to the effective date of this paragraph and satis-
     8  fies the ground prescribed in paragraph (h) of this subdivision.   There
     9  shall  be  a rebuttable presumption that a conviction by plea to such an
    10  offense was not knowing, voluntary and intelligent, based on  severe  or
    11  ongoing  collateral  consequences,  including  potential or actual immi-
    12  gration consequences, and there shall be a rebuttable presumption that a
    13  conviction by verdict constitutes cruel  and  unusual  punishment  under
    14  section  five  of  article  one  of the state constitution based on such
    15  consequences.
    16    § 4. Section 440.10 of the criminal procedure law is amended by adding
    17  a new subdivision 9 to read as follows:
    18    9. Upon granting of a motion pursuant to paragraph (j) of  subdivision
    19  one of this section, the court may either:
    20    (a)  With the consent of the people, vacate the judgment or modify the
    21  judgment by reducing it to one of conviction for a lesser offense; or
    22    (b) Vacate the judgment and order a new trial  wherein  the  defendant
    23  enters a plea to the same offense in order to permit the court to resen-
    24  tence  the  defendant  in  accordance  with the amendatory provisions of
    25  subdivision one-a of section 70.15 of the penal law.
    26    § 5. This act shall take effect immediately.
 
    27                                   PART PP
 
    28    Section 1. The opening paragraph and paragraph (a) of subdivision 1 of
    29  section 1311 of the civil practice law and rules, the opening  paragraph
    30  as amended by chapter 655 of the laws of 1990 and paragraph (a) as added
    31  by chapter 669 of the laws of 1984, are amended to read as follows:
    32    A  civil action may be commenced by the appropriate claiming authority
    33  against a criminal defendant to recover the property  which  constitutes
    34  the proceeds of a crime, the substituted proceeds of a crime, an instru-
    35  mentality of a crime or the real property instrumentality of a crime [or
    36  to  recover  a  money  judgment  in an amount equivalent in value to the
    37  property which constitutes the proceeds  of  a  crime,  the  substituted
    38  proceeds of a crime, an instrumentality of a crime, or the real property
    39  instrumentality  of a crime].  A civil action may be commenced against a
    40  non-criminal defendant to recover the  property  which  constitutes  the
    41  proceeds  of a crime, the substituted proceeds of a crime, an instrumen-
    42  tality of a crime, or the  real  property  instrumentality  of  a  crime
    43  provided,  however, that a judgment of forfeiture predicated upon clause
    44  (A) of subparagraph (iv) of paragraph (b) of subdivision three  [hereof]
    45  of  this  section  shall be limited to the amount of the proceeds of the
    46  crime. Any action under this article must be commenced within five years
    47  of the commission of the crime and shall  be  civil,  remedial,  and  in
    48  personam  in  nature and shall not be deemed to be a penalty or criminal
    49  forfeiture for any purpose. Except as otherwise  specially  provided  by
    50  statute,  the  proceedings  under this article shall be governed by this
    51  chapter. An action under this article is not a criminal  proceeding  and
    52  may  not  be  deemed to be a previous prosecution under article forty of
    53  the criminal procedure law.

        S. 1505--C                         53                         A. 2005--C
 
     1    (a) Actions relating to post-conviction forfeiture crimes.  An  action
     2  relating  to  a post-conviction forfeiture crime must be grounded upon a
     3  conviction of a felony defined in subdivision five of section one  thou-
     4  sand three hundred ten of this article[, or upon criminal activity aris-
     5  ing  from a common scheme or plan of which such a conviction is a part,]
     6  or upon a count of an indictment or information alleging a felony  which
     7  was  dismissed  at the time of a plea of guilty to a felony in satisfac-
     8  tion of such  count.  A  court  may  not  grant  forfeiture  until  such
     9  conviction  has  occurred.  However,  an  action may be commenced, and a
    10  court may grant a provisional remedy provided under this article,  prior
    11  to such conviction having occurred.  An action under this paragraph must
    12  be  dismissed  at  any  time after sixty days of the commencement of the
    13  action unless the conviction upon  which  the  action  is  grounded  has
    14  occurred,  or  an  indictment  or  information  upon  which the asserted
    15  conviction is to be based is pending in  a  superior  court.  An  action
    16  under  this  paragraph shall be stayed during the pendency of a criminal
    17  action which is related to it; provided, however, that such  stay  shall
    18  not  prevent  the  granting  or  continuance  of  any provisional remedy
    19  provided under this article or any other provisions of law.
    20    § 2. The civil practice law and rules  is  amended  by  adding  a  new
    21  section 1311-b to read as follows:
    22    § 1311-b. Money judgment. If a claiming authority obtains a forfeiture
    23  judgment  against  a  defendant  for the proceeds, substituted proceeds,
    24  instrumentality of a crime or real property instrumentality of a  crime,
    25  but  is  unable to locate all or part of any such property, the claiming
    26  authority may apply to the  court  for  a  money  judgment  against  the
    27  defendant  in  the  amount  of  the value of the forfeited property that
    28  cannot be located. The defendant shall have the right to  challenge  the
    29  valuation of any property that is the basis for such an application. The
    30  claiming  authority  shall  have the burden of establishing the value of
    31  the property under this section by a preponderance of the evidence.
    32    § 3. Subdivisions 1, 3 and 4 of section 1312 of the civil practice law
    33  and rules, subdivision 1 as added by chapter 669 of the  laws  of  1984,
    34  subdivision  3  as  amended and subdivision 4 as added by chapter 655 of
    35  the laws of 1990, are amended to read as follows:
    36    1. The provisional remedies of  attachment,  injunction,  receivership
    37  and  notice  of  pendency provided for herein, shall be available in all
    38  actions to recover property [or for a money judgment] under  this  arti-
    39  cle.
    40    3.  A  court may grant an application for a provisional remedy when it
    41  determines that: (a) there is a substantial probability that the  claim-
    42  ing  authority will be able to demonstrate at trial that the property is
    43  the proceeds, substituted proceeds, instrumentality of the crime or real
    44  property instrumentality of the crime, that the claiming authority  will
    45  prevail  on the issue of forfeiture, and that failure to enter the order
    46  may result in the property being destroyed, removed from  the  jurisdic-
    47  tion  of  the court, or otherwise be unavailable for forfeiture; (b) the
    48  need to preserve the availability of the property through the  entry  of
    49  the requested order outweighs the hardship on any party against whom the
    50  order  may operate; and (c) in an action relating to real property, that
    51  entry of the requested order will not substantially diminish, impair, or
    52  terminate the lawful property interest in  such  real  property  of  any
    53  person or persons other than the defendant or defendants.
    54    4.  Upon motion of any party against whom a provisional remedy granted
    55  pursuant to this article is in effect, the  court  may  issue  an  order
    56  modifying or vacating such provisional remedy if necessary to permit the

        S. 1505--C                         54                         A. 2005--C
 
     1  moving  party  to  obtain  funds  for  the  payment of reasonable living
     2  expenses, other costs or expenses related to the maintenance, operation,
     3  or preservation of property which is the subject of any such provisional
     4  remedy  or reasonable and bona fide attorneys' fees and expenses for the
     5  representation of the defendant in the forfeiture  proceeding  or  in  a
     6  related  criminal  matter  relating  thereto,  payment  for which is not
     7  otherwise available from assets of the defendant which are  not  subject
     8  to  such  provisional  remedy.  Any such motion shall be supported by an
     9  affidavit establishing the unavailability of other assets of the  moving
    10  party  which  are not the subject of such provisional remedy for payment
    11  of such expenses or fees. That funds sought to be  released  under  this
    12  subdivision  are  alleged  to  be  the  proceeds,  substituted proceeds,
    13  instrumentality of a crime or real property instrumentality of  a  crime
    14  shall  not  be  a  factor for the court in considering and determining a
    15  motion made pursuant to this subdivision.
    16    § 4. The opening paragraph of subdivision 2 of  section  1349  of  the
    17  civil  practice  law  and  rules, as added by chapter 655 of the laws of
    18  1990, is amended to read as follows:
    19    If any other provision of law expressly governs the manner of disposi-
    20  tion of property subject to the judgment or order  of  forfeiture,  that
    21  provision of law shall be controlling, with the exception that, notwith-
    22  standing  the  provisions  of  any  other  law, all forfeited monies and
    23  proceeds from forfeited property shall be deposited into  and  disbursed
    24  from  an  asset  forfeiture  escrow fund established pursuant to section
    25  six-v of the general municipal law, which shall govern  the  maintenance
    26  of  such  monies and proceeds from forfeited property.  Upon application
    27  by a claiming agent for reimbursement of moneys directly expended  by  a
    28  claiming agent in the underlying criminal investigation for the purchase
    29  of  contraband  which  were  converted into a non-monetary form or which
    30  have  not  been  otherwise  recovered,  the  court  shall  direct   such
    31  reimbursement from money forfeited pursuant to this article. Upon appli-
    32  cation  of  the  claiming agent, the court may direct that any vehicles,
    33  vessels or aircraft forfeited pursuant to this article  be  retained  by
    34  the claiming agent for law enforcement purposes, unless the court deter-
    35  mines  that  such property is subject to a perfected lien, in which case
    36  the court may not direct that the property be retained unless  all  such
    37  liens  on the property to be retained have been satisfied or pursuant to
    38  the court's order will be satisfied. In the absence of an application by
    39  the claiming agent, the claiming authority may apply  to  the  court  to
    40  retain  such  property  for law enforcement purposes. Upon such applica-
    41  tion, the court may direct that such property be retained by the  claim-
    42  ing  authority for law enforcement purposes, unless the court determines
    43  that such property is subject to a perfected lien. If not  so  retained,
    44  the  judgment  or  order shall direct the claiming authority to sell the
    45  property in accordance with article fifty-one of this chapter, and  that
    46  the proceeds of such sale and any other moneys realized as a consequence
    47  of  any  forfeiture  pursuant  to  this article shall be deposited to an
    48  asset forfeiture escrow fund established pursuant to  section  six-v  of
    49  the  general  municipal  law  and  shall  be apportioned and paid in the
    50  following descending order of priority:
    51    § 5. Section 1349 of the civil practice law and rules  is  amended  by
    52  adding a new subdivision 5 to read as follows:
    53    5.  Monies and proceeds from the sale of property realized as a conse-
    54  quence of any forfeiture distributed to the claiming agent  or  claiming
    55  authority  of  any  county, town, city, or village of which the claiming
    56  agent or claiming authority is a part, shall be deposited  to  an  asset

        S. 1505--C                         55                         A. 2005--C
 
     1  forfeiture  escrow  fund  established  pursuant  to section six-v of the
     2  general municipal law.
     3    § 6. Subdivision 2 of section 700 of the county law is amended to read
     4  as follows:
     5    2. Within thirty days after the receipt of any fine, penalty, recovery
     6  upon  any  recognizance,  monies  and proceeds from the sale of property
     7  realized as a consequence of any forfeiture, or other money belonging to
     8  the county, the district attorney or the claiming  authority  shall  pay
     9  the same to the county treasurer. Not later than the first day of Febru-
    10  ary  in each year, the district attorney shall make in duplicate a veri-
    11  fied true statement of all such moneys received and paid to  the  county
    12  treasurer  during the preceding calendar year and at that time shall pay
    13  to the  county  treasurer  any  balance  due.  One  statement  shall  be
    14  furnished  to  the county treasurer [and the other], one to the clerk of
    15  the board of supervisors and one to the state comptroller.   A  district
    16  attorney  who  is not re-elected shall make and file the verified state-
    17  ment and pay any balance of such moneys to the county  treasurer  within
    18  thirty days after the expiration of his term.
    19    §  7. The general municipal law is amended by adding a new section 6-v
    20  to read as follows:
    21    § 6-v. Asset forfeiture escrow fund. 1. As used in this section:
    22    a. The term "governing board", insofar as it is used in reference to a
    23  village, shall mean the board of trustees thereof; insofar as it is used
    24  in reference to a town, shall mean the town board thereof; insofar as it
    25  is used in reference to a county, shall mean the board of supervisors or
    26  the county legislature thereof, as applicable; insofar as it is used  in
    27  reference  to a city, shall mean the "legislative body" thereof, as that
    28  term is defined in subdivision seven of section  two  of  the  municipal
    29  home rule law.
    30    b. The term "chief fiscal officer" shall mean:
    31    (i) In the case of counties operating under (1) an alternative form of
    32  county government or charter enacted as a state statute or adopted under
    33  the  alternative  county  government  law  or by local law, the official
    34  designated in such statute, consolidated law or local law as  the  chief
    35  fiscal officer, or, if no such designation is made therein, the official
    36  possessing  powers  and  duties  similar  to those of a county treasurer
    37  under the county law as shall be designated by local law.
    38    (2) In the case of counties not operating under an alternative form of
    39  county government or charter enacted as a state statute or adopted under
    40  the alternative county government law or by local  law,  the  treasurer,
    41  except that, in the case of counties having a comptroller, it shall mean
    42  the comptroller.
    43    (ii) In the case of cities, the comptroller; if a city does not have a
    44  comptroller,  the  treasurer;  if a city has neither a comptroller nor a
    45  treasurer, such official possessing powers and duties similar  to  those
    46  of  a  city  treasurer as the finance board shall, by resolution, desig-
    47  nate. A certified copy of such designation shall be filed with the state
    48  comptroller and shall be a public record.
    49    (iii) In the case of towns, the town supervisor; if a  town  has  more
    50  than one supervisor, the presiding supervisor.
    51    (iv) In the case of villages, the village treasurer.
    52    c.  The  term  "claiming  authority"  shall mean the district attorney
    53  having jurisdiction over the offense or the attorney general for purpose
    54  of those crimes for which the attorney general has criminal jurisdiction
    55  in a case where the underlying criminal charge has  been,  is  being  or
    56  could  have  been  brought  by  the attorney general, or the appropriate

        S. 1505--C                         56                         A. 2005--C
 
     1  corporation counsel or county attorney, where such  corporation  counsel
     2  or county attorney may act as a claiming authority only with the consent
     3  of the district attorney or the attorney general, as appropriate.
     4    d.  The term "claiming agent" shall mean and shall include all persons
     5  described in subdivision thirty-four of section  1.20  of  the  criminal
     6  procedure  law, and sheriffs, undersheriffs and deputy sheriffs of coun-
     7  ties within the city of New York.
     8    2. The governing board shall authorize the establishment of  an  asset
     9  forfeiture  escrow  fund for any claiming agent or claiming authority as
    10  is deemed necessary for the monies and  proceeds  of  sale  of  property
    11  realized    as a consequence of any forfeiture. The separate identity of
    12  such fund shall be maintained.
    13    3. There shall be paid into  the  asset  forfeiture  escrow  fund  all
    14  proceeds realized as a consequence of any forfeiture action.  Such funds
    15  shall include, but are not limited to, all funds and any property (real,
    16  personal,  tangible  and/or  intangible)  that are forfeited pursuant to
    17  agreement or otherwise prior to, in lieu of  or  after  the  lodging  of
    18  criminal  charges,  pre-indictment, post-indictment, or after conviction
    19  by plea or trial. Such funds shall also include funds that are forfeited
    20  in compromise of charges that are never brought.
    21    4. The monies and proceeds in the asset forfeiture escrow  fund  shall
    22  be  deposited  and secured in the manner provided by section ten of this
    23  article.  All monies and proceeds so deposited in  such  fund  shall  be
    24  kept in a separate bank account. The chief fiscal officer may invest the
    25  moneys  in  such  fund  in the manner provided in section eleven of this
    26  article. Any interest earned or capital gains realized on the moneys  so
    27  deposited  or invested shall accrue to and become part of such fund. The
    28  separate identity of such fund shall be maintained, whether  its  assets
    29  consist of cash, investments, or both.
    30    5.  Every  claim  for  the  payment of money from the asset forfeiture
    31  escrow fund shall specify the purpose of the requested payment and  must
    32  be  accompanied  by  a  written certification that the expenditure is in
    33  compliance with all applicable laws.  Payments from such fund  shall  be
    34  made  by  the chief fiscal officer subject to the required certification
    35  and the determination of fund sufficiency.
    36    6. The chief fiscal officer, at the termination of each  fiscal  year,
    37  shall  render  a  detailed  report of the operation and condition of the
    38  asset forfeiture escrow fund to the governing board and the state  comp-
    39  troller.  Such  report  shall  be  subject to examination and audit. The
    40  chief fiscal officer may account for such fund separate and  apart  from
    41  all other funds of the village, town, county, and city.
    42    §  8.  Section  1352  of the civil practice law and rules, as added by
    43  chapter 669 of the laws of 1984, is amended to read as follows:
    44    § 1352. Preservation  of  other  rights  and  remedies.  The  remedies
    45  provided for in this article are not intended to substitute for or limit
    46  or  [supercede]  supersede the lawful authority of any public officer or
    47  agency or other person to enforce any other right or remedy provided for
    48  by law. The exercise of such lawful authority in the forfeiture of prop-
    49  erty alleged to be the proceeds, substitute proceeds, instrumentality of
    50  a crime or real property  instrumentality  of  crime  must  include  the
    51  provision  of  a  prompt opportunity to be heard for the owner of seized
    52  property in order to ensure the legitimacy  and  the  necessity  of  its
    53  continued retention by law enforcement, as well as clear notice of dead-
    54  lines for accomplishing the return of such property.
    55    §  9.  Subdivision  11  of  section 1311 of the civil practice law and
    56  rules is amended by adding a new paragraph (d) to read as follows:

        S. 1505--C                         57                         A. 2005--C
 
     1    (d) Any stipulation, settlement agreement, judgement, order or affida-
     2  vit required to be given to  the  state  division  of  criminal  justice
     3  services pursuant to this subdivision shall include the defendant's name
     4  and  such  other  demographic  data as required by the state division of
     5  criminal justice services.
     6    §  10.  Subdivision 6 of section 220.50 of the criminal procedure law,
     7  as added by chapter 655 of the laws of  1990,  is  amended  to  read  as
     8  follows:
     9    6. Where the defendant consents to a plea of guilty to the indictment,
    10  or  part  of  the  indictment,  or consents to be prosecuted by superior
    11  court information as set forth in section 195.20 of this chapter, and if
    12  the defendant and prosecutor agree that as a condition of  the  plea  or
    13  the  superior  court  information certain property shall be forfeited by
    14  the defendant, the description and present estimated monetary  value  of
    15  the  property  shall be stated in court by the prosecutor at the time of
    16  plea. Within thirty days of the acceptance of the plea or superior court
    17  information by the court, the prosecutor shall send to the  commissioner
    18  of  the  division of criminal justice services a document containing the
    19  name of the defendant, the description and  present  estimated  monetary
    20  value  of  the  property,  any other demographic data as required by the
    21  division of criminal justice services and the date the plea or  superior
    22  court  information was accepted. Any property forfeited by the defendant
    23  as a condition to a plea of guilty to an indictment, or a part  thereof,
    24  or  to  a superior court information, shall be disposed of in accordance
    25  with the provisions of section thirteen hundred forty-nine of the  civil
    26  practice law and rules.
    27    §  11.  Subdivision  4 of section 480.10 of the penal law, as added by
    28  chapter 655 of the laws of 1990, is amended to read as follows:
    29    4. The prosecutor shall promptly file a copy of the special forfeiture
    30  information, including the terms thereof, with  the  state  division  of
    31  criminal  justice  services  and  with  the local agency responsible for
    32  criminal justice planning. Failure to file such information shall not be
    33  grounds for any relief under this chapter.  The  prosecutor  shall  also
    34  report such demographic data as required by the state division of crimi-
    35  nal justice services when filing a copy of the special forfeiture infor-
    36  mation with the state division of criminal justice services.
    37    §  12.  This  act  shall  take effect on the one hundred eightieth day
    38  after it shall have become a law and shall apply to  crimes  which  were
    39  committed on or after such date.

    40                                   PART QQ
 
    41                            Intentionally Omitted
 
    42                                   PART RR
 
    43    Section 1.  The executive law is amended by adding a new section 837-t
    44  to read as follows:
    45    §  837-t. Use of force reporting. 1. The chief of every police depart-
    46  ment, each county sheriff, and the superintendent of state police  shall
    47  report  to  the division, in a form and manner as defined in regulations
    48  by the division, any instance or occurrence in which a  police  officer,
    49  as  defined  in  subdivision thirty-four of section 1.20 of the criminal
    50  procedure law, or a peace officer, as defined in  section  2.10  of  the
    51  criminal procedure law, employs the use of force as follows:

        S. 1505--C                         58                         A. 2005--C
 
     1    a.  brandishes, uses or discharges a firearm at or in the direction of
     2  another person; or
     3    b.  uses a chokehold or similar restraint that applies pressure to the
     4  throat or windpipe of a person in a manner that may hinder breathing  or
     5  reduce intake of air; or
     6    c.  displays,  uses  or  deploys  a chemical agent, including, but not
     7  limited to, oleoresin capsicum, pepper spray or tear gas; or
     8    d. brandishes, uses or deploys an impact weapon,  including,  but  not
     9  limited to, a baton or billy; or
    10    e.  brandishes,  uses or deploys an electronic control weapon, includ-
    11  ing, but not limited to, an electronic stun  gun,  flash  bomb  or  long
    12  range acoustic device; or
    13    f.  engages  in  conduct  which results in the death or serious bodily
    14  injury of another person. Serious bodily injury  is  defined  as  bodily
    15  injury  that  involves  a  substantial  risk  of death, unconsciousness,
    16  protracted and obvious disfigurement, or protracted loss  of  impairment
    17  of the function of a bodily member, organ or mental faculty.
    18    2. On an annual basis, the commissioner shall conspicuously publish on
    19  the  department's  website  a  comprehensive report including the use of
    20  force information received under subdivision one of this section  during
    21  the  preceding  year.  Such  reports shall not identify the names of the
    22  individuals involved, but for each event reported, shall list  the  date
    23  of  the  event, the location disaggregated by county and law enforcement
    24  agencies involved,  the  town  or  city,  and  any  additional  relevant
    25  location  information,  a description of the circumstances of the event,
    26  and the race, sex, ethnicity, age, or, if unknown,  approximate  age  of
    27  all persons engaging in the use of force or suffering such injury.
    28    §  2.  This  act shall take effect on the ninetieth day after it shall
    29  have become a law.
 
    30                                   PART SS
 
    31    Section 1. Subdivision (a) of section 8019 of the civil  practice  law
    32  and  rules, as amended by chapter 773 of the laws of 1965, is amended to
    33  read as follows:
    34    (a) Application. The fees of a county clerk specified in this  article
    35  shall  supersede  the  fees  allowed  by  any other statute for the same
    36  services, except in so far as the administrative code of the city of New
    37  York sets forth different fees for the city register of the city of  New
    38  York  and the county clerk of Richmond, and except that such fees do not
    39  include the block fees as set out in the  Nassau  county  administrative
    40  code  or  the  tax map number verification fees on instruments presented
    41  for recording or filing as set out in the Suffolk county  administrative
    42  code,  which are to be charged in addition to the fees specified in this
    43  article. This subdivision does not apply to the fees specified in subdi-
    44  vision (f) of section 8021.
    45    § 2. Subparagraph (b) of paragraph 1 of  subdivision  (f)  of  section
    46  8021  of  the civil practice law and rules, as amended by chapter 784 of
    47  the laws of 1983, is amended to read as follows:
    48    (b) if the real estate is in the city of  New  York  or  the  [county]
    49  counties of Suffolk or Nassau, any block fees allowed by the administra-
    50  tive  code  of  the city of New York or the Nassau county administrative
    51  code or any tax map number verification fees  on  instruments  presented
    52  for  recording  or  filing  allowed by the Suffolk county administrative
    53  code;
    54    § 3. This act shall take effect immediately.

        S. 1505--C                         59                         A. 2005--C
 
     1                                   PART TT
 
     2    Section 1. Notwithstanding the provisions of sections 79-a and 79-b of
     3  the correction law, the governor is authorized to close two correctional
     4  facilities  of  the department of corrections and community supervision,
     5  in state fiscal year 2019-2020, as he determines to be necessary for the
     6  cost-effective and  efficient  operation  of  the  correctional  system,
     7  provided that the governor provides at least 90 days notice prior to any
     8  such  closures  to the temporary president of the senate and the speaker
     9  of the assembly.
    10    § 2. This act shall take effect immediately and  shall  be  deemed  to
    11  have  been in full force and effect on and after April 1, 2019 and shall
    12  expire and be deemed repealed March 31, 2020.
 
    13                                   PART UU
 
    14                            Intentionally Omitted
 
    15                                   PART VV
 
    16    Section 1. Subdivisions a and e of section 25 of chapter  507  of  the
    17  laws of 2009, amending the real property actions and proceedings law and
    18  other  laws relating to home mortgage loans, as amended by chapter 29 of
    19  the laws of 2014, are amended to read as follows:
    20    a. Sections one, one-a, two and three of this act shall take effect on
    21  the thirtieth day after this act shall have become a law and shall apply
    22  to notices required on or after  such  date;  [provided,  however,  that
    23  section  one-a  of this act shall expire and be deemed repealed 10 years
    24  after such effective date;]
    25    e. Section nine of this act shall take  effect  on  the  sixtieth  day
    26  after  this act shall have become a law and shall apply to legal actions
    27  filed on or after such date; [provided, however that the  amendments  to
    28  subdivision (a) of rule 3408 of the civil practice law and rules made by
    29  such  section  shall  expire  and be deemed repealed 10 years after such
    30  effective date;]
    31    § 2. This act shall take effect immediately.
 
    32                                   PART WW
 
    33    Section 1. Subdivision 1 of section 60.12 of the penal law, as amended
    34  by a chapter of the laws of 2019, amending the penal law and the  crimi-
    35  nal  procedure  law  relating to sentencing and resentencing in domestic
    36  violence cases, as proposed in legislative bills numbers S.  1077 and A.
    37  3974, is amended to read as follows:
    38    1. Notwithstanding any other provision of law, where a court is impos-
    39  ing sentence upon a person pursuant to section 70.00,  70.02,  70.06  or
    40  subdivision  two or three of section 70.71 of this title, other than for
    41  an offense defined  in  section  125.26,  125.27,  subdivision  five  of
    42  section  125.25, or article 490 of this chapter, or for an offense which
    43  would require such person to register as  a  sex  offender  pursuant  to
    44  article  six-C of the correction law, an attempt or conspiracy to commit
    45  any such offense, and is authorized or  required  pursuant  to  sections
    46  70.00, 70.02, 70.06 or subdivision two or three of section 70.71 of this
    47  title  to  impose a sentence of imprisonment, the court, upon a determi-
    48  nation following a hearing that (a) at the time of the instant  offense,
    49  the defendant was a victim of domestic violence subjected to substantial

        S. 1505--C                         60                         A. 2005--C
 
     1  physical,  sexual  or  psychological  abuse inflicted by a member of the
     2  same family or household as the defendant as such  term  is  defined  in
     3  subdivision  one  of  section  530.11 of the criminal procedure law; (b)
     4  such  abuse  was  a  significant  contributing factor to the defendant's
     5  criminal behavior; (c) having regard for the nature and circumstances of
     6  the crime and the history, character and  condition  of  the  defendant,
     7  that  a  sentence of imprisonment pursuant to section 70.00, 70.02 [or],
     8  70.06 or subdivision two or three of section 70.71 of this  title  would
     9  be  unduly  harsh  may instead impose a sentence in accordance with this
    10  section.
    11    A court may  determine  that  such  abuse  constitutes  a  significant
    12  contributing  factor  pursuant  to  paragraph  (b)  of  this subdivision
    13  regardless of whether the defendant raised a defense pursuant to article
    14  thirty-five, article forty, or subdivision one of section 125.25 of this
    15  chapter.
    16    At the hearing to determine whether the defendant should be  sentenced
    17  pursuant  to  this  section,  the  court shall consider oral and written
    18  arguments, take testimony from witnesses offered by  either  party,  and
    19  consider  relevant evidence to assist in making its determination. Reli-
    20  able hearsay shall be admissible at such hearings.
    21    § 2. This act shall take effect on the  same  date  and  in  the  same
    22  manner  as a chapter of the laws of 2019, amending the penal law and the
    23  criminal procedure law relating to sentencing and resentencing in domes-
    24  tic violence cases, as proposed in legislative bills numbers  S.    1077
    25  and A. 3974, takes effect.
 
    26                                   PART XX
 
    27    Section  1.  Section  1-104 of the election law is amended by adding a
    28  new subdivision 38 to read as follows:
    29    38. "Computer generated registration list" means a  printed  or  elec-
    30  tronic  list  of  voters  in  alphabetical  order  for a single election
    31  district or poll site, generated from a computer registration  file  for
    32  each  election  and containing for each voter listed, a facsimile of the
    33  signature of the voter. Such a list may be in a single volume or in more
    34  than one volume. The list may be utilized in place of registration  poll
    35  records,  to  establish  a  person's  eligibility to vote in the polling
    36  place on election day.
    37    (a) The state board of elections  shall  promulgate  minimum  security
    38  standards  for any electronic device, and any network or system to which
    39  the electronic device is connected, that is used to store  or  otherwise
    40  access a computer generated registration list, and shall also promulgate
    41  a list of devices that are approved for use. No local board of elections
    42  shall  be  permitted  to  use  such  a  device unless the state board of
    43  elections has previously approved the device for use and  has  certified
    44  that  the  network or system to which the electronic device is connected
    45  is compliant with the minimum security standards.
    46    (b) The minimum security standards for such devices shall be commensu-
    47  rate with the level of security risk  applicable  to  such  devices  and
    48  shall  specifically  take into account any security risk associated with
    49  voting equipment-related supply chains in addition to any other applica-
    50  ble security risk.
    51    (c) The state board of elections shall promulgate  minimum  redundancy
    52  procedures  to  ensure  a list of registration records is available that
    53  provides necessary information in a compressed format to  ensure  voting
    54  continues  if  the  electronic  computer  generated  registration system

        S. 1505--C                         61                         A. 2005--C
 
     1  becomes unavailable for any poll site or election district that utilizes
     2  such an electronic computer generated registration list.
     3    § 2. Subdivision 1 of section 4-128 of the election law, as amended by
     4  chapter 125 of the laws of 2011, is amended to read as follows:
     5    1.  The  board of elections of each county shall provide the requisite
     6  number of official and facsimile ballots, two cards  of  instruction  to
     7  voters  in the form prescribed by the state board of elections, at least
     8  one copy of the instruction booklet for inspectors, a sufficient  number
     9  of  maps,  street  finders  or  other descriptions of all of the polling
    10  places and election districts within the political subdivision in  which
    11  the  polling place is located to enable the election inspectors and poll
    12  clerks to determine the correct election district and polling place  for
    13  each  street address within the political subdivision in which the poll-
    14  ing place is located, distance markers, tally sheets and return  blanks,
    15  pens,  [black  ink,  or ball point pens with black ink,] pencils [having
    16  black lead], or other appropriate marking  devices,  envelopes  for  the
    17  ballots  of voters whose registration poll records are not in the ledger
    18  or whose names are not [on] in the computer generated registration list,
    19  envelopes for returns, identification buttons, badges or emblems for the
    20  inspectors and clerks in the form  prescribed  by  the  state  board  of
    21  elections  and such other articles of stationery as may be necessary for
    22  the proper conduct of elections,  except  that  when  a  town,  city  or
    23  village  holds  an election not conducted by the board of elections, the
    24  clerk of such town, city or village, shall  provide  such  official  and
    25  facsimile  ballots and the necessary blanks, supplies and stationery for
    26  such election.
    27    § 3. Subdivision c of section 4-132 of the election law, as amended by
    28  chapter 164 of the laws of 1985, is amended to read as follows:
    29    c. A booth or device in each election district for the use  of  voters
    30  marking  ballots.  Such  booth  or  device shall be so constructed as to
    31  permit the voter to mark his or her  ballot  in  secrecy  and  shall  be
    32  furnished  at all times with [a pencil having black lead only] an appro-
    33  priate marking device.
    34    § 4. Section 4-134 of the election law, the section heading as amended
    35  by chapter 373 of the laws of 1978, subdivisions 1 and 3 as  amended  by
    36  chapter 163 of the laws of 2010, subdivision 2 as amended by chapter 425
    37  of  the laws of 1986, and subdivisions 5 and 6 as amended by chapter 635
    38  of the laws of 1990, is amended to read as follows:
    39    § 4-134. Preparation and delivery of ballots, supplies  and  equipment
    40  for  use  at  elections. 1. The board of elections shall deliver, at its
    41  office, to the clerk of each town or city  in  the  county,  except  the
    42  cities  of  New  York,  Buffalo  and  Rochester and to the clerk of each
    43  village in the county in which elections are conducted by the  board  of
    44  elections, by the Saturday before the primary, general, village or other
    45  election  for  which they are required: the official and sample ballots;
    46  ledgers prepared for delivery in the manner provided in subdivision  two
    47  of  this  section  and  containing  the registration poll records of all
    48  persons entitled to vote at such election in such town, city or village,
    49  or computer generated registration lists containing  the  names  of  all
    50  persons entitled to vote at such election in such town, city or village;
    51  challenge  reports  prepared  as  directed  by  this chapter; sufficient
    52  applications for registration by mail; sufficient ledger seals and other
    53  supplies and equipment required by this article to be  provided  by  the
    54  board of elections for each polling place in such town, city or village.
    55  The  town,  city or village clerk shall call at the office of such board
    56  of elections at such time and receive such ballots, supplies and  equip-

        S. 1505--C                         62                         A. 2005--C
 
     1  ment.  In  the  cities  of  New York, Buffalo and Rochester the board of
     2  elections shall cause such ballots, supplies and equipment to be  deliv-
     3  ered  to the board of inspectors of each election district approximately
     4  one-half hour before the opening of the polls for voting, and shall take
     5  receipts therefor.
     6    2.  The  board of elections shall provide for each election district a
     7  ledger or ledgers containing the registration poll records or  [printed]
     8  lists with computer generated facsimile signatures, of all persons enti-
     9  tled  to  vote  in such election district at such election. Such ledgers
    10  shall be labelled, sealed, locked and  transported  in  locked  carrying
    11  cases.  After leaving the board of elections no such carrying case shall
    12  be unlocked except at the time and in the manner provided in this  chap-
    13  ter.
    14    3.  [Any  envelope  containing  absentee  voters' ballots on which the
    15  blanks have not been properly filled in shall be stamped to indicate the
    16  defect and shall be preserved by the board for at least one  year  after
    17  the receipt thereof.
    18    4.] Each kind of official ballot shall be arranged in a package in the
    19  consecutive  order of the numbers printed on the stubs thereof beginning
    20  with number one. All official  and  sample  ballots  for  each  election
    21  district  shall  be  in  separate sealed packages, clearly marked on the
    22  outside thereof, with the number and kind of ballots  contained  therein
    23  and  indorsed  with  the  designation of the election district for which
    24  they were prepared.  The  other  supplies  provided  for  each  election
    25  district also shall be [inclosed] enclosed in a sealed package, or pack-
    26  ages,  with  a label on the outside thereof showing the contents of each
    27  package.
    28    [5. Each town, city and village clerk receiving  such  packages  shall
    29  cause  all] 4. All such packages so received and marked for any election
    30  district [to] shall be delivered unopened and  with  the  seals  thereof
    31  unbroken  to  the  inspectors  of election of such election districts at
    32  least [one-half] one hour before  the  opening  of  the  polls  of  such
    33  election  therein, [and] who shall [take] give a receipt therefor speci-
    34  fying the number and kind of packages delivered. [At the same time  each
    35  such  clerk shall cause to be delivered to such inspectors the equipment
    36  described in subdivision two of this section and shall cause  a  receipt
    37  to be taken therefor.
    38    6.]  5. Town, city and village clerks required to provide official and
    39  sample ballots, registration records, seals, supplies and equipment,  as
    40  described  in  this  section,  for  town, city and village elections not
    41  conducted by the board of elections, shall in like manner, deliver  them
    42  to  the inspectors or presiding officers of the election at each polling
    43  place at which such meetings and elections are  held,  respectively,  in
    44  like  sealed  packages  marked  on the outside in like manner, and shall
    45  take receipts therefor in like manner.
    46    § 5. Subdivision 1 of section 5-302 of the election law, as separately
    47  amended by chapter 164 and chapter 558 of the laws of 1985,  is  amended
    48  to read as follows:
    49    1.  Before  placing the registration poll record in the poll ledger or
    50  in the computer generated registration list, the board  shall  enter  in
    51  the  space  provided  therefor  [on  the  back of such registration poll
    52  record] the name of the party designated by the voter on his application
    53  form, provided such party continues to be a party  as  defined  in  this
    54  law.    If such party ceases to be a party at any time, either before or
    55  after such enrollment is so entered, the enrollment of such voter  shall
    56  be  deemed  to  be  blank  and shall be entered as such until such voter

        S. 1505--C                         63                         A. 2005--C
 
     1  files an application for change of enrollment pursuant to the provisions
     2  of this chapter.  [In the city of New York the board shall also affix  a
     3  gummed  sticker  of  a different color for each party in a place on such
     4  registration  poll record immediately adjacent to such entry.] The board
     5  shall enter the date of such entry and affix  initials  thereto  in  the
     6  space provided.
     7    §  6.  Paragraph  c  of subdivision 3 of section 5-506 of the election
     8  law, as amended by chapter 659 of the laws of 1994, is amended  to  read
     9  as follows:
    10    c. The computer generated registration list prepared for each election
    11  in  each election district shall be [printed by a printer] prepared in a
    12  manner which meets  or  exceeds  standards  for  clarity  and  speed  of
    13  [reproduction]  production  established by the state board of elections,
    14  shall be in a form approved by such board, shall include  the  names  of
    15  all  voters  eligible to vote in such election and shall be in alphabet-
    16  ical order, except that, at a primary election, the names of the  voters
    17  enrolled in each political party may be placed in a separate part of the
    18  list or in a separate list, as the board of elections in its discretion,
    19  may  determine.  Such list shall contain, adjacent to each voter's name,
    20  or in a space so designated, at least  the  following:  street  address,
    21  date  of  birth,  party  enrollment,  year  of  registration, a computer
    22  reproduced facsimile of the voter's signature or an indication that  the
    23  voter is unable to sign his name, a place for the voter to sign his name
    24  at  such  election  and  a  place  for the inspectors to mark the voting
    25  machine number, the public counter number [and] if any, or the number of
    26  any paper ballots given the voter.
    27    § 7. Subdivision 2 of section 8-202 of the election law, as amended by
    28  chapter 164 of the laws of 2010, is amended to read as follows:
    29    2. The exterior of any  ballot  scanner,  ballot  marking  device  and
    30  privacy booth and every part of the polling place shall be in plain view
    31  of  the  election  inspectors  and watchers. The ballot scanners, ballot
    32  marking devices, and privacy booths shall be placed at least  four  feet
    33  from  the  table  used  by  the inspectors in charge of the poll [books]
    34  ledger or computer generated registration list. The guard-rail shall  be
    35  at  least  three feet from the machine and the table used by the inspec-
    36  tors. The election inspectors shall not  themselves  be,  or  allow  any
    37  other  person  to  be,  in  any position or near any position, that will
    38  permit one to see or ascertain how a voter votes, or how he or  she  has
    39  voted  nor shall they permit any other person to be less than three feet
    40  from the ballot scanner, ballot marking device, or privacy  booth  while
    41  occupied.  The  election inspectors or clerks attending the ballot scan-
    42  ner, ballot marking device, or privacy booth shall regularly inspect the
    43  face of the ballot scanner, ballot marking device, or  the  interior  of
    44  the privacy booth to see that the ballot scanner, ballot marking device,
    45  or privacy booth has not been damaged or tampered with. During elections
    46  the  door  or  other  covering of the counter compartment of the machine
    47  shall not be unlocked or opened except by  a  member  of  the  board  of
    48  elections,  a  voting  machine  custodian  or  any other person upon the
    49  specific instructions of the board of elections.
    50    § 8. Subdivisions 2, 2-a, 3, 4 and 5 of section 8-302 of the  election
    51  law, subdivision 2-a as added by chapter 179 of the laws of 2005, subdi-
    52  visions 3 and 4 as amended by chapter 200 of the laws of 1996, the open-
    53  ing  paragraph  of  paragraph (e) of subdivision 3 as amended by chapter
    54  125 of the laws of 2011 and subparagraph (ii) of paragraph (e) of subdi-
    55  vision 3 as separately amended by chapters 3 and 6 of the laws of  2019,
    56  are amended to read as follows:

        S. 1505--C                         64                         A. 2005--C

     1    2.  The  voter shall give [his] the voter's name and [his] the voter's
     2  residence address to the inspectors. An inspector shall then loudly  and
     3  distinctly announce the name and residence of the voter.
     4    2-a. (a) If a voter's name appears in the ledger or computer generated
     5  registration  list  with a notation indicating that the voter's identity
     6  was not yet verified as required by the federal Help America  Vote  Act,
     7  the  inspector shall require that the voter produce one of the following
     8  types of identification before permitting the voter to cast his  or  her
     9  vote on the voting machine:
    10    (i)  a  driver's  license  or  department of motor vehicles non-driver
    11  photo ID card or other current and valid photo identification;
    12    (ii) a copy of a current  utility  bill,  bank  statement,  government
    13  check,  paycheck  or  other  government document that shows the name and
    14  address of the voter.
    15    (b) If the voter produces an identification document listed  in  para-
    16  graph  (a)  of  this subdivision, the inspector shall indicate so in the
    17  ledger or computer generated registration list, the voter will be deemed
    18  verified as required by the federal Help America Vote Act and the  voter
    19  shall be permitted to cast his or her vote on the voting machine.
    20    (c) If the voter does not produce an identification document listed in
    21  paragraph  (a)  of this subdivision, the voter shall only be entitled to
    22  vote by affidavit ballot unless a court order provides otherwise.
    23    3. (a) If an applicant is challenged, the board, without delay,  shall
    24  either  enter  his  name  in  the second section of the challenge report
    25  together with the other entries required to  be  made  in  such  section
    26  opposite the applicant's name or make an entry next to [his] the voter's
    27  name  [on]  in  the computer generated registration list or in the place
    28  provided [at the end of] in the computer generated registration list.
    29    (b) A person who claims to have moved to  a  new  address  within  the
    30  election  district  in  which  he  or she is registered to vote shall be
    31  permitted to vote in the same manner as other voters  unless  challenged
    32  on other grounds. The inspectors shall enter the names and new addresses
    33  of  all such persons in either the first section of the challenge report
    34  or in the place provided [at the  end  of]  in  the  computer  generated
    35  registration  list  and  shall  also  enter the new address next to such
    36  person's address on such computer generated registration list. When  the
    37  registration  poll  records of persons who have voted from new addresses
    38  within  the  same  election  district  are  returned  to  the  board  of
    39  elections,  such  board  shall  change the addresses on the face of such
    40  registration  poll  records  without  completely  obliterating  the  old
    41  addresses  and  shall enter such new addresses and the new addresses for
    42  any such persons whose names were [on] in computer  generated  registra-
    43  tion lists into its computer records for such persons.
    44    (c)  A  person who claims a changed name shall be permitted to vote in
    45  the same manner as other voters unless challenged on other grounds.  The
    46  inspectors shall either enter the names of all such persons in the first
    47  section of the challenge report or in the place provided [at the end of]
    48  in  the  computer generated registration list, in the form in which they
    49  are registered, followed in parentheses by the name as changed or  enter
    50  the  name as changed next to such voter's name on the computer generated
    51  registration list. The voter shall sign first on the  registration  poll
    52  record  or  [on]  in  the computer generated registration list, the name
    53  under which the voter is registered and, immediately above it,  the  new
    54  name,  provided  that  [on]  in such [a computer generated] registration
    55  list, the new name may be signed in the place provided [at  the  end  of
    56  such list].  When the registration poll record of a person who has voted

        S. 1505--C                         65                         A. 2005--C
 
     1  under a new name is returned to the board of elections, such board shall
     2  change  [his] the voter's name on the face of each [of his] registration
     3  [records] record without completely obliterating the old one, and there-
     4  after  such person shall vote only under his or her new name. If a voter
     5  has signed a new name [on] in a computer  generated  registration  list,
     6  such  board  shall enter such voter's new name and new signature in such
     7  voter's computer record.
     8    (d) If an applicant requests assistance in voting and qualifies there-
     9  for, the board shall provide assistance as directed by this chapter, and
    10  shall without delay either enter such applicant's  name  and  the  other
    11  entries required in the third section of the challenge report or make an
    12  entry  next  to  such  applicant's  name  [on] in the computer generated
    13  registration list or in the place provided [at the end of  the  computer
    14  generated] in such registration list.
    15    (e)  Whenever a voter presents himself or herself and offers to cast a
    16  ballot, and he or she claims to live in the election district  in  which
    17  he or she seeks to vote but no registration poll record can be found for
    18  him or her in the poll ledger or his or her name does not appear [on] in
    19  the  computer  generated  registration list or his or her signature does
    20  not appear next to his or her name [on]  in  such  [computer  generated]
    21  registration list or his or her registration poll record or the computer
    22  generated  registration  list does not show him or her to be enrolled in
    23  the party in which he or she claims to be  enrolled,  a  poll  clerk  or
    24  election   inspector  shall  consult  a  map,  street  finder  or  other
    25  description of all of the polling places and election  districts  within
    26  the political subdivision in which said election district is located and
    27  if  necessary,  contact  the  board  of elections to obtain the relevant
    28  information and advise the  voter  of  the  correct  polling  place  and
    29  election  district  for  the  residence address provided by the voter to
    30  such poll clerk or election inspector. Thereafter, such voter  shall  be
    31  permitted  to  vote  in  said  election  district  only  as  hereinafter
    32  provided:
    33    (i) He or she may present a court order requiring that he  or  she  be
    34  permitted to vote. At a primary election, such a court order must speci-
    35  fy  the  party  in  which the voter is permitted to vote. [He] The voter
    36  shall be required to sign [his] their full name on top of the first page
    37  of such order, together  with  [his]  the  voter's  registration  serial
    38  number,  if  any,  and  [his]  the  voter's  name  and the other entries
    39  required shall then be entered without delay in the  fourth  section  of
    40  the  challenge  report  or  in the place provided [at the end of] in the
    41  computer generated registration list, or, if such person's name  appears
    42  on  [the  computer  generated]  such  registration  list,  the  board of
    43  elections may provide a place to make such entry next to his or her name
    44  on such list. The voter shall then be permitted to vote  in  the  manner
    45  otherwise  prescribed  for  voters  whose  registration poll records are
    46  found in the ledger or whose names are found on the  computer  generated
    47  registration list; or
    48    (ii) He or she may swear to and subscribe an affidavit stating that he
    49  or  she  has  duly  registered  to  vote,  the  address in such election
    50  district from which he or she registered, that he or she remains a  duly
    51  qualified  voter in such election district, that his or her registration
    52  poll record appears to be lost or misplaced or  that  his  or  her  name
    53  and/or  his  or  her  signature  was omitted from the computer generated
    54  registration list or such record indicates the voter already voted  when
    55  he  or  she  did  not  do so or that he or she has moved within New York
    56  state since he or she last registered, the address from which he or  she

        S. 1505--C                         66                         A. 2005--C
 
     1  was  previously  registered and the address at which he or she currently
     2  resides, and at a primary election, the party in  which  he  or  she  is
     3  enrolled.  The  inspectors  of election shall offer such an affidavit to
     4  each  such  voter  whose residence address is in such election district.
     5  Each such affidavit shall be in a form prescribed by the state board  of
     6  elections,  shall be printed on an envelope of the size and quality used
     7  for an absentee ballot envelope, and  shall  contain  an  acknowledgment
     8  that  the  affiant  understands that any false statement made therein is
     9  perjury punishable according to law. Such form prescribed by  the  state
    10  board  of  elections shall request information required to register such
    11  voter should the county board determine that such voter  is  not  regis-
    12  tered  and  shall  constitute  an  application  to register to vote. The
    13  voter's name and the entries required  shall  then  be  entered  without
    14  delay and without further inquiry in the fourth section of the challenge
    15  report  or  in the place provided [at the end of] in the computer gener-
    16  ated registration list, with the notation that the  voter  has  executed
    17  the  affidavit hereinabove prescribed, or, if such person's name appears
    18  [on the computer generated] in such  registration  list,  the  board  of
    19  elections may provide a place to make such entry next to his or her name
    20  [on]  in  such list.   The voter shall then, without further inquiry, be
    21  permitted to vote an affidavit ballot provided for by this chapter. Such
    22  ballot shall thereupon be placed in the envelope containing his  or  her
    23  affidavit,  and  the  envelope  sealed  and  returned  to  the  board of
    24  elections in the manner provided by this chapter for protested  official
    25  ballots, including a statement of the number of such ballots.
    26    4. At a primary election, a voter whose registration poll record is in
    27  the ledger or computer generated registration list shall be permitted to
    28  vote  only  in the primary of the party in which such record shows [him]
    29  the voter to be enrolled unless [he] the voter  shall  present  a  court
    30  order pursuant to the provisions of subparagraph (i) of paragraph (e) of
    31  subdivision  three  of  this  section  requiring  that [he] the voter be
    32  permitted to vote in the primary of another party, or  unless  [he]  the
    33  voter  shall  present a certificate of enrollment issued by the board of
    34  elections, not earlier than one  month  before  such  primary  election,
    35  pursuant to the provisions of this chapter which certifies that [he] the
    36  voter  is  enrolled  in  a party other than the one in which such record
    37  shows [him] the voter  to  be  enrolled,  or  unless  he  or  she  shall
    38  subscribe  an  affidavit pursuant to the provisions of subparagraph (ii)
    39  of paragraph (e) of subdivision three of this section.
    40    5. Except for voters unable to sign their names, no  person  shall  be
    41  permitted  to  vote  without  first  identifying  himself  or herself as
    42  required by this chapter.
    43    § 9. Subdivisions 1, 2 and 3 of section 8-304  of  the  election  law,
    44  subdivisions  1 and 2 as amended by chapter 425 of the laws of 1986, are
    45  amended to read as follows:
    46    1. A person before being allowed to vote shall be required, except  as
    47  provided  in this chapter, to sign his or her name on the back of his or
    48  her registration poll record on the first line reserved for his  or  her
    49  signature  at  the  time of election which is not filled with a previous
    50  signature, or [on the line of] in the space  provided  in  the  computer
    51  generated  registration  list  reserved for [his] the voter's signature.
    52  The two inspectors in charge shall satisfy themselves by a comparison of
    53  this signature with [his] the  voter's  registration  signature  and  by
    54  comparison of [his] the voter's appearance with the descriptive material
    55  on  the  face of the registration poll record that [he] the voter is the
    56  person registered.  If they are so satisfied they shall enter the  other

        S. 1505--C                         67                         A. 2005--C
 
     1  information  required for the election on the same line with the voter's
     2  latest signature, shall sign their  names  or  initials  in  the  spaces
     3  provided therefor, and shall permit the applicant to vote. Any inspector
     4  or inspectors not satisfied shall challenge the applicant forthwith.
     5    2.  If a person who alleges [his] an inability to sign his or her name
     6  presents himself or herself to  vote,  the  board  of  inspectors  shall
     7  permit  [him]  such  person to vote, unless challenged on other grounds,
     8  provided [he] the voter had been permitted to register  without  signing
     9  [his] the voter's name. The board shall enter the words "Unable to Sign"
    10  in  the space on [his] the voter's registration poll record reserved for
    11  [his] the voter's signature or on the line [of] or  space  the  computer
    12  generated  registration list reserved for [his] the voter's signature at
    13  such election. If [his] the voter's signature  appears  upon  [his]  the
    14  voter's  registration  record or [upon] in the computer generated regis-
    15  tration list the board shall challenge [him] the voter forthwith, except
    16  that if such a person claims that he or she is unable to sign his or her
    17  name by reason of a physical disability incurred since [his] the voter's
    18  registration, the board, if convinced of the existence of such disabili-
    19  ty, shall permit him or her to vote, shall enter the  words  "Unable  to
    20  Sign"  and  a brief description of such disability in the space reserved
    21  for [his] the voter's signature at such  election.  At  each  subsequent
    22  election, if such disability still exists, [he] the voter shall be enti-
    23  tled  to  vote without signing [his] their name and the board of inspec-
    24  tors, without further notation, shall enter the words "Unable  to  Sign"
    25  in the space reserved for [his] the voter's signature at such election.
    26    3.  The voter's facsimile signature [made by him upon registration and
    27  his  signature  made  at  subsequent  elections]  shall  be  effectively
    28  concealed  from  the voter by a blotter or [piece of opaque paper] other
    29  means until after the voter shall have completed [his] the signature.
    30    § 10. Subdivision 3 of section 8-306 of the election law,  as  amended
    31  by chapter 154 of the laws of 1991, is amended to read as follows:
    32    3.  Any  voter who requires assistance to vote by reason of blindness,
    33  disability or inability to read or write may be given  assistance  by  a
    34  person  of  the voter's choice, other than the voter's employer or agent
    35  of the employer or officer or agent of the voter's union. A voter  enti-
    36  tled to assistance in voting who does not select a particular person may
    37  be  assisted by two election inspectors not of the same political faith.
    38  The inspectors or person  assisting  a  voter  shall  enter  the  voting
    39  machine or booth with [him] the voter, help [him] the voter in the prep-
    40  aration  of [his] the voter's ballot and, if necessary, in the return of
    41  the voted ballot to the inspectors for deposit in the  ballot  box.  The
    42  inspectors  shall  enter  in the [remarks space on the registration poll
    43  card of an assisted voter, or next to the name of]  space  provided  for
    44  such voter [on] in the computer generated registration list, the name of
    45  each officer or person rendering such assistance.
    46    §  11.  Subdivision 2 of section 8-508 of the election law, as amended
    47  by chapter 200 of the laws of 1996, paragraph (b) as amended by  chapter
    48  6 of the laws of 2019, is amended to read as follows:
    49    2.  (a)  The  first  section  of such report shall be reserved for the
    50  inspectors of election to enter the name, address and registration seri-
    51  al number of each person who claims a change in name,  or  a  change  of
    52  address  within  the  election  district,  together with the new name or
    53  address of each such person. In lieu of preparing  section  one  of  the
    54  challenge  list, the board of elections may provide, next to the name of
    55  each voter [on] in the computer generated registration list, a place for
    56  the inspectors of election to record  the  information  required  to  be

        S. 1505--C                         68                         A. 2005--C
 
     1  entered  in  such  section  one, or provide [at the end of such computer
     2  generated] elsewhere in such registration list, a place for the  inspec-
     3  tors of election to enter such information.
     4    (b)  The second section of such report shall be reserved for the board
     5  of inspectors to enter the name, address and registration serial  number
     6  of each person who is challenged at the time of voting together with the
     7  reason  for  the  challenge.  If  no voters are challenged, the board of
     8  inspectors shall enter  the  words  "No  Challenges"  across  the  space
     9  reserved  for  such names. In lieu of preparing section two of the chal-
    10  lenge report, the board of elections may provide, next to  the  name  of
    11  each voter [on] in the computer generated registration list, a place for
    12  the  inspectors  of  election  to  record the information required to be
    13  entered in such section two, or provide [at the  end  of  such  computer
    14  generated]  elsewhere in such registration list, a place for the inspec-
    15  tors of election to enter such information.
    16    (c) The third section of such report shall be reserved for  the  board
    17  of  inspectors to enter the name, address and registration serial number
    18  of each voter given assistance, together with the reason the  voter  was
    19  allowed  assistance,  the  name of the person giving such assistance and
    20  his address if not an inspector.  If no voters are given assistance, the
    21  board of inspectors shall enter the words  "No  Assistance"  across  the
    22  space reserved for such names. In lieu of providing section three of the
    23  challenge  report,  the board of elections may provide, next to the name
    24  of each voter [on] in the computer generated registration list, a  place
    25  for  the inspectors of election to record the information required to be
    26  entered in such section three, or provide [at the end of  such  computer
    27  generated]  elsewhere in such registration list, a place for the inspec-
    28  tors of election to enter such information.
    29    (d) The fourth section of such report shall be reserved for the  board
    30  of  inspectors to enter the name, address and registration serial number
    31  of each person who was permitted to vote pursuant to a court  order,  or
    32  to  vote  on a paper ballot which was inserted in an affidavit envelope.
    33  If there are no such names, such  board  shall  enter  the  word  "None"
    34  across  the  space provided for such names. In lieu of providing section
    35  four of such report, the board of elections may  provide,  next  to  the
    36  name  of  each voter [on] in the computer generated registration list, a
    37  place for the inspectors of election to record the information  required
    38  to  be  entered  in  such  section  four,  or provide [at the end of the
    39  computer generated] elsewhere in such registration list, a place for the
    40  inspectors of election to enter such information.
    41    (e) At the foot of such report [and] or at the end of any such comput-
    42  er generated registration list, if  applicable,  shall  be  [printed]  a
    43  certificate  that  such report or list contains the names of all persons
    44  who were challenged on the day of  election,  and  that  each  voter  so
    45  reported as having been challenged took the oaths as required, that such
    46  report  or list contains the names of all voters to whom such board gave
    47  or allowed assistance and lists  the  nature  of  the  disability  which
    48  required  such assistance to be given and the names and family relation-
    49  ship, if any, to the voter of the persons by whom  such  assistance  was
    50  rendered;  that  each such assisted voter informed such board under oath
    51  that he required such assistance and that  each  person  rendering  such
    52  assistance took the required oath; that such report or list contains the
    53  names  of all voters who were permitted to vote although their registra-
    54  tion poll records were missing; that the entries made by such board  are
    55  a  true  and  accurate  record  of  its  proceedings with respect to the
    56  persons named in such report or list.

        S. 1505--C                         69                         A. 2005--C
 
     1    (f) Upon the return of such report [and] or  lists  to  the  board  of
     2  elections,  it shall complete the investigation of voting qualifications
     3  of all persons named in the second section thereof or for  whom  entries
     4  were  placed  [on] in such computer generated registration lists in lieu
     5  of  the  preparation  of the second section of the challenge report, and
     6  shall forthwith proceed to cancel the registration of any person who, as
     7  noted upon such report, or in such list, was challenged at such election
     8  and refused either to take a challenge oath or to answer  any  challenge
     9  question.
    10    (g)  The  state board of elections shall prescribe a form of challenge
    11  report for use pursuant to the provisions of this section. Such form may
    12  require the insertion of such other information as the state board shall
    13  deem appropriate.
    14    § 12. Section 8-510 of  the  election  law,  the  section  heading  as
    15  amended  by chapter 373 of the laws of 1978, subdivision 1 as amended by
    16  chapter 200 of the laws of 1996, and subdivision 3 as amended by chapter
    17  43 of the laws of 1988, is amended to read as follows:
    18    § 8-510. Challenge report; completion of and [closing of  registration
    19  poll  ledgers]  procedure  after.  1. Immediately after the close of the
    20  polls the board of inspectors of election shall verify the entries which
    21  it has made on the challenge report or [at the end of the] in the spaces
    22  provided in the computer generated registration list by  comparing  such
    23  entries  with the information appearing on the registration poll records
    24  of the affected voters or the information appearing [next to  the  names
    25  of  such  voters  on]  in  the spaces provided in the computer generated
    26  registration list. If it has made no entries in section  two,  three  or
    27  four  of  such  report it shall write across or note in such section the
    28  words "No challenges", "No assistance" or "None", as the case may be, as
    29  directed in this chapter.
    30    2. After completing such report the  inspectors  shall  sign  [the]  a
    31  certificate  [at  the end of] in the spaces provided by the county board
    32  of elections for such report.
    33    3. The inspectors shall place such completed report,  and  each  court
    34  order,  if any, directing that a person be permitted to vote, [inside a]
    35  in the secure container provided by the county board  of  elections  for
    36  such  ledger  of registration records or computer generated registration
    37  lists [between the front cover, and the first registration  record]  and
    38  then shall close and seal each ledger of registration records or comput-
    39  er  generated  registration  lists, [affix their signature to the seal,]
    40  lock such ledger in the carrying case furnished  for  that  purpose  and
    41  enclose  the  keys in a sealed package or seal such list in the envelope
    42  provided for that purpose.
    43    § 13. Clauses (C) and (D) of subparagraph  (i)  of  paragraph  (a)  of
    44  subdivision  2 of section 9-209 of the election law, as amended by chap-
    45  ter 308 of the laws of 2011, are amended to read as follows:
    46    (C) If such person is found to be registered  and  has  not  voted  in
    47  person, an inspector shall compare the signature, if any, on each envel-
    48  ope  with  the  signature,  if any, on the registration poll record, the
    49  computer generated list of registered voters  or  the  list  of  special
    50  presidential  voters, of the person of the same name who registered from
    51  the same address. If  the  signatures  are  found  to  correspond,  such
    52  inspector shall certify thereto by [signing] placing his or her initials
    53  in  the  ["Inspector's  Initials"  line  on  the]  space provided in the
    54  computer generated list of registered voters [or in the "remarks" column
    55  as appropriate].

        S. 1505--C                         70                         A. 2005--C
 
     1    (D) If such person is found to be registered  and  has  not  voted  in
     2  person,  and  if  no  challenge  is  made, or if a challenge made is not
     3  sustained, the envelope shall be opened, the ballot or ballots withdrawn
     4  without unfolding, and the ballot or ballots  deposited  in  the  proper
     5  ballot box or boxes, or envelopes, provided however that, in the case of
     6  a primary election, the ballot shall be deposited in the box only if the
     7  ballot is of the party with which the voter is enrolled according to the
     8  entry on the back of his or her registration poll record or [next to his
     9  or her name on] in the computer generated registration list; if not, the
    10  ballot  shall  be  rejected without inspection or unfolding and shall be
    11  returned to the envelope which shall be endorsed "not enrolled." At  the
    12  time  of  the deposit of such ballot or ballots in the box or envelopes,
    13  the inspectors shall enter the words "absentee vote" or "military  vote"
    14  in the space reserved for the voter's signature on the aforesaid list or
    15  in the "remarks" [column] space as appropriate, and shall enter the year
    16  and month of the election on the same line in the spaces provided there-
    17  for.
    18    §  14. Subdivision 4 of section 11-206 of the election law, as amended
    19  by chapter 91 of the laws of 1992, is amended to read as follows:
    20    4. The registration poll records of special federal  voters  shall  be
    21  filed, in alphabetical order, by election district.  At each election at
    22  which  [the  ballots  of]  special  federal voters are [delivered to the
    23  inspectors of election in each election district] eligible to vote,  the
    24  registration  poll  records  of  all special federal voters [eligible to
    25  vote at such election] shall be delivered to such inspectors of election
    26  together with the other registration poll records or the names  of  such
    27  voters  shall  be  included  [on] in the computer generated registration
    28  list. Such records shall be delivered either in a separate  poll  ledger
    29  or  a separate, clearly marked section, of the main poll ledger or [in a
    30  separate,] be clearly marked[, section of]  in  the  computer  generated
    31  registration list as the board of elections shall determine.
    32    §  15. This act shall take effect immediately; provided, however, that
    33  the amendments to subparagraph (ii) of paragraph (e) of subdivision 3 of
    34  section 8-302 of the election law made by  section  eight  of  this  act
    35  shall  take  effect on the same date and in the same manner as chapter 3
    36  of the laws of 2019, takes effect.
 
    37                                   PART YY
 
    38    Section 1. Section 3-110 of the election law, as renumbered by chapter
    39  234 of the laws of 1976, is amended to read as follows:
    40    § 3-110. Time allowed employees to vote. 1. [If a] A registered  voter
    41  [does  not  have  sufficient  time  outside of his working hours, within
    42  which to vote at any election, he] may, without loss of pay  for  up  to
    43  [two] three hours, take off so much working time as will[, when added to
    44  his voting time outside his working hours,] enable him or her to vote at
    45  any election.
    46    2. [If an employee has four consecutive hours either between the open-
    47  ing  of the polls and the beginning of his working shift, or between the
    48  end of his working shift and the closing  of  the  polls,  he  shall  be
    49  deemed to have sufficient time outside his working hours within which to
    50  vote. If he has less than four consecutive hours he may take off so much
    51  working  time  as will when added to his voting time outside his working
    52  hours enable him to vote, but not more than two hours of which shall  be
    53  without  loss  of  pay,  provided that he] The employee shall be allowed

        S. 1505--C                         71                         A. 2005--C
 
     1  time off for voting only at the beginning or end of his or  her  working
     2  shift, as the employer may designate, unless otherwise mutually agreed.
     3    3. If the employee requires working time off to vote [he] the employee
     4  shall  notify  his or her employer not [more than ten nor] less than two
     5  working days before the day of the election that he or she requires time
     6  off to vote in accordance with the provisions of this section.
     7    4. Not less than ten working days before every election, every employ-
     8  er shall post conspicuously in the place of work where it can be seen as
     9  employees come or go to their place of work, a notice setting forth  the
    10  provisions  of this section.  Such notice shall be kept posted until the
    11  close of the polls on election day.
    12    § 2. This act shall take effect immediately.
 
    13                                   PART ZZ
 
    14    Section 1. Subdivision 4 of  section  840  of  the  executive  law  is
    15  amended by adding a new paragraph (d) to read as follows:
    16    (d)(1)  Establish  and regularly update a model law enforcement use of
    17  force policy suitable for adoption by any agency that employs police  or
    18  peace officers.
    19    (2)  The  model law enforcement use of force policy shall include, but
    20  is not limited to:
    21    (i) information on current law as it relates to the use  of  force  by
    22  police and peace officers;
    23    (ii) guidelines regarding when use of force is permitted;
    24    (iii) requirements for documenting use of force;
    25    (iv) procedures for investigating use of force incidents;
    26    (v)  guidelines  regarding  excessive  use  of force including duty to
    27  intervene, reporting, and timely medical treatment for injured persons;
    28    (vi) standards for failure to adhere to use of force guidelines;
    29    (vii) training mandates on use of force, conflict prevention, conflict
    30  resolution and negotiation,  de-escalation  techniques  and  strategies,
    31  including, but not limited to, interacting with persons presenting in an
    32  agitated condition; and
    33    (viii) prohibited uses of force.
    34    (3)  The  person  in  charge  of  every local police department, local
    35  correctional facility, each county sheriff, the  superintendent  of  the
    36  division  of  the  state  police,  the commissioner of the department of
    37  corrections and community supervision, and the person in charge of every
    38  agency that employs a peace officer in this state shall adopt and imple-
    39  ment a use of force policy in the agency of which they  are  in  charge.
    40  Such use of force policy shall be consistent with the model law enforce-
    41  ment  use  of  force  policy  established  pursuant to this subdivision,
    42  except that such departments, county sheriffs,  superintendent,  commis-
    43  sioner  and  agencies that employ a peace officer may impose further and
    44  additional restrictions on the use of force, in such use of force policy
    45  or otherwise.
    46    (4) The model law enforcement use of force policy  and  every  use  of
    47  force  policy  established  pursuant to subparagraph three of this para-
    48  graph shall be a public document, and shall be  made  available  without
    49  charge  to  any  member  of  the public promptly upon request. Each such
    50  current use of force policy shall be conspicuously posted on the  public
    51  website  of  the  agency that adopted it. Revisions to such use of force
    52  policies shall be updated on the agency's public website  within  seven-
    53  ty-two hours of approval of any amendment.

        S. 1505--C                         72                         A. 2005--C
 
     1    §  2.  This  act  shall take effect on the sixtieth day after it shall
     2  have become a law.
 
     3                                  PART AAA

     4    Section  1.  Subdivision  6  of  section 14-114 of the election law is
     5  amended by adding a new paragraph c to read as follows:
     6    c. Lobbyists, as defined by subdivision (a) of section  one-c  of  the
     7  legislative  law  or by subdivision (a) of section 3-211 of the adminis-
     8  trative code of the city of New York, political action committees, labor
     9  unions, and any person who  has  registered  with  the  state  board  of
    10  elections  as  an independent expenditure committee pursuant to subdivi-
    11  sion three of section 14-107 of this article are prohibited from  making
    12  loans  to  candidates or political committees; provided, however, that a
    13  lobbyist shall not be prohibited  from  making  a  loan  to  himself  or
    14  herself or to his or her own political committee when such lobbyist is a
    15  candidate for office.
    16    § 2. This act shall take effect immediately.
 
    17                                  PART BBB
 
    18    Section  1.  Subdivision  2  of  section 8-100 of the election law, as
    19  amended by chapter 367 of the laws  of  2017,  is  amended  to  read  as
    20  follows:
    21    2. Polls shall be open for voting during the following hours: a prima-
    22  ry election from [twelve o'clock noon until nine o'clock in the evening,
    23  except  in  the  city  of  New York and the counties of Nassau, Suffolk,
    24  Westchester, Rockland, Orange, Putnam, Dutchess and Erie,  and  in  such
    25  city  or  county  from] six o'clock in the morning until nine o'clock in
    26  the evening; the general election from six o'clock in the morning  until
    27  nine  o'clock  in the evening; a special election called by the governor
    28  pursuant to the public officers law, and, except as  otherwise  provided
    29  by law, every other election, from six o'clock in the morning until nine
    30  o'clock in the evening; early voting hours shall be as provided in title
    31  six of this article.
    32    § 2. This act shall take effect on the first of January after it shall
    33  have become a law and shall apply to any election held 120 days after.
 
    34                                  PART CCC
 
    35    Section 1. Short title. This act shall be known as and may be cited as
    36  the "Voter Enfranchisement Modernization Act of 2019 (VEMA)".
    37    §  2. Declaration of Legislative Intent. The right to vote is a funda-
    38  mental right, the well-spring of all others, secured by the federal  and
    39  state constitutions. On-line forms of communication and conducting tran-
    40  sactions  did  not exist at the time New York's paper-based voter regis-
    41  tration system was enacted. In the last twenty years,  many  paper-based
    42  processes  have  migrated  to  on-line  processes,  including filing tax
    43  returns, applying for social security benefits, routine  banking  trans-
    44  actions, official communications and purchase transactions of all types.
    45  This  on-line migration has improved cost efficiency, increased accessi-
    46  bility and provided greater convenience to the public in many  contexts.
    47  The  predominantly paper-based voter registration application process in
    48  New York is antiquated and  must  be  supplemented  with  on-line  voter
    49  registration.  To remove unnecessary burdens to the fundamental right of
    50  the  people  to  vote,  the State Board of Elections shall establish the

        S. 1505--C                         73                         A. 2005--C

     1  Voter Enfranchisement Modernization Program for the purpose of  increas-
     2  ing  opportunities for voter registration by any person who is qualified
     3  to be a voter under Article II of the New York State Constitution.  This
     4  effort  modernizes  voter  registration  and  supplements the methods of
     5  voter registration provided under current law.
     6    § 3. Article 5 of the election law is amended by adding a new title  8
     7  to read as follows:
     8                                 TITLE VIII
     9               ELECTRONIC PERSONAL VOTER REGISTRATION PROCESS
    10  Section 5-800. Electronic voter registration transmittal system.
    11          5-802. Online voter registration application.
    12          5-804. Failure  to  provide  exemplar  signature  not to prevent
    13                   registration.
    14    § 5-800. Electronic voter registration transmittal system. In addition
    15  to any other means of voter registration provided for by  this  chapter,
    16  the  state board of elections shall establish and maintain an electronic
    17  voter registration transmittal system through which applicants may apply
    18  to register to vote online.  The state board of  elections  shall  elec-
    19  tronically  transmit  such  applications  to  the  applicable  board  of
    20  elections of each county or the city of New York for filing,  processing
    21  and  verification consistent with this chapter. In accordance with tech-
    22  nical specifications provided by the  state  board  of  elections,  each
    23  board of elections shall maintain a voter registration system capable of
    24  receiving  and  processing  voter  registration application information,
    25  including electronic signatures, from the electronic voter  registration
    26  transmittal system established by the state board of elections. Notwith-
    27  standing  any other inconsistent provision of this chapter, applications
    28  filed using such system shall be considered filed  with  the  applicable
    29  board  of  elections  on  the calendar date the application is initially
    30  transmitted by the voter through the electronic voter registration tran-
    31  smittal system.
    32    § 5-802. Online voter registration application. 1. A  voter  shall  be
    33  able  to  apply to register to vote using a personal online voter regis-
    34  tration application submitted through the electronic voter  registration
    35  transmittal system when the voter:
    36    (a) completes an electronic voter registration application promulgated
    37  by  the  state  board  of elections which shall include all of the voter
    38  registration information required by section 5-210 of this article; and
    39    (b) affirms, subject to penalty of perjury, by means of electronic  or
    40  manual  signature, that the information contained in the voter registra-
    41  tion application is true and that the applicant meets all of the  quali-
    42  fications to become a registered voter; and
    43    (c)  consents  to  the  use  of an electronic copy of the individual's
    44  manual signature that is in the custody of the department of motor vehi-
    45  cles, the state board  of  elections,  or  other  agency  designated  by
    46  sections  5-211  or  5-212  of  this  article, as the individual's voter
    47  registration exemplar signature, or provides such a signature by  direct
    48  upload  in  a  manner  that  complies with the New York state electronic
    49  signature and records act and the rules and regulations  promulgated  by
    50  the state board of elections.
    51    2.  The  board  of  elections  shall provide the personal online voter
    52  registration application in any language required by the federal  Voting
    53  Rights Act of 1965 (52 U.S.C. Sec. 10503) in any county in the state.
    54    3.  The  online  voter  registration application process shall provide
    55  reasonable accommodations to  improve  accessibility  for  persons  with
    56  disabilities,  and  shall  be  compatible  for  use with standard online

        S. 1505--C                         74                         A. 2005--C
 
     1  accessibility assistance tools for  persons  with  visual,  physical  or
     2  perceptive disabilities.
     3    4. The state board of elections shall promulgate rules and regulations
     4  for  the  creation  and  administration  of an online voter registration
     5  system pursuant to this section.
     6    § 5-804. Failure to provide exemplar signature not to  prevent  regis-
     7  tration.  1.  If a voter registration exemplar signature is not provided
     8  by an applicant who submits a voter registration application pursuant to
     9  this title, the local board shall seek to obtain such exemplar signature
    10  from the statewide voter  registration  database,  the  state  board  of
    11  elections,  or  a  state  or local agency designated by section 5-211 or
    12  5-212 of this article.
    13    2. If such exemplar signature is  not  available  from  the  statewide
    14  voter registration database, the state board of elections, or a state or
    15  local  agency  designated by section 5-211 or 5-212 of this article, the
    16  local board of elections shall, absent  another  reason  to  reject  the
    17  application,  proceed  to register and, as applicable, enroll the appli-
    18  cant. Within ten days of such action, the board of elections shall  send
    19  a standard form promulgated by the state board of elections to the voter
    20  whose record lacks an exemplar signature, requiring such voter to submit
    21  a  signature for identification purposes.  The voter shall submit to the
    22  board of elections a voter registration exemplar signature by any one of
    23  the following methods: in person,  by  mail  with  return  postage  paid
    24  provided by the board of elections, by electronic mail, or by electronic
    25  upload  to the board of elections through the electronic voter registra-
    26  tion transmittal system. If such voter does  not  provide  the  required
    27  exemplar  signature,  when  the voter appears to vote the voter shall be
    28  entitled to vote by affidavit ballot.
    29    § 4. The opening paragraph of section 9-209 of the  election  law,  as
    30  separately  amended  by chapters 3 and 6 of the laws of 2019, is amended
    31  to read as follows:
    32    Before completing the canvass of votes cast in any  primary,  general,
    33  special,  or  other  election at which voters are required to sign their
    34  registration poll records before voting, the board  of  elections  shall
    35  proceed  in  the  manner  hereinafter prescribed to cast and canvass any
    36  absentee, military,  special  presidential,  special  federal  or  other
    37  special  ballots  and  any  ballots voted by voters who moved within the
    38  state after registering, voters who are in inactive status, voters whose
    39  registration was incorrectly transferred to another address even  though
    40  they  did  not move, voters whose registration poll records were missing
    41  on the day of such election, voters who  have  not  had  their  identity
    42  previously  verified, voters who submitted a voter registration applica-
    43  tion through the electronic voter registration  transmittal  system  but
    44  did not provide the required exemplar signature, and voters whose regis-
    45  tration  poll  records  did not show them to be enrolled in the party in
    46  which they claimed to be enrolled and voters incorrectly  identified  as
    47  having already voted. Each such ballot shall be retained in the original
    48  envelope  containing the voter's affidavit and signature, in which it is
    49  delivered to the board of elections until such time as it is to be  cast
    50  and canvassed.
    51    §  5.  Paragraph (a) of subdivision 2 of section 9-209 of the election
    52  law is amended by adding a new paragraph (iv) to read as follows:
    53    (iv) If the board of elections finds that a voter  submitted  a  voter
    54  registration application through the electronic voter registration tran-
    55  smittal system and signed the affidavit ballot, the board shall cast and
    56  canvass such ballot.

        S. 1505--C                         75                         A. 2005--C
 
     1    § 6. This act shall take effect on the earlier occurrence of:  (i) two
     2  years  after  it  shall  have become a law; provided, however, the state
     3  board of elections shall be authorized to implement necessary rules  and
     4  regulations  and to take steps required to implement this act immediate-
     5  ly; or (ii) five days after the date of certification by the state board
     6  of  elections that the information technology infrastructure to substan-
     7  tially implement this act is functional.   Provided,  further  that  the
     8  state  board  of  elections  shall  notify the legislative bill drafting
     9  commission upon the occurrence  of  the  enactment  of  the  legislation
    10  provided  for  in  this act in order that the commission may maintain an
    11  accurate and timely effective data base of the official text of the laws
    12  of the state of New York in furtherance of effectuating  the  provisions
    13  of  section  44  of  the  legislative law and section 70-b of the public
    14  officers law.
    15    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    16  sion, section or part of this act shall be  adjudged  by  any  court  of
    17  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    18  impair, or invalidate the remainder thereof, but shall  be  confined  in
    19  its  operation  to the clause, sentence, paragraph, subdivision, section
    20  or part thereof directly involved in the controversy in which such judg-
    21  ment shall have been rendered. It is hereby declared to be the intent of
    22  the legislature that this act would  have  been  enacted  even  if  such
    23  invalid provisions had not been included herein.
    24    §  3.  This  act shall take effect immediately provided, however, that
    25  the applicable effective date of Parts A through CCC of this  act  shall
    26  be as specifically set forth in the last section of such Parts.
Go to top